10:00 AM
D RODNEY TAPP VS
DEBTOR
Docket 8
On December 18, 2018, the Court entered an order dismissing the debtor's bankruptcy case. Movant has not made a sufficient showing of bad faith under 11 U.S.C. § 362(d)(4) for the Court to retain jurisdiction to hear this matter. The hearing on this motion is now OFF CALENDAR. Appearances waived.
Debtor(s):
Ray Whitaker Pro Se
Movant(s):
D Rodney Tapp Represented By Julian K Bach
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
FORD MOTOR CREDIT COMPANY LLC VS
DEBTOR
fr 11-27-18; 12-18-18
Sheryl K. Ith to appear by telephone
Docket 24
Debtor(s):
Charles Edward Capers Jr. Represented By Heather J Canning Barry E Borowitz
Joint Debtor(s):
Mary Ann Elizabeth Capers Represented By Heather J Canning Barry E Borowitz
Movant(s):
Ford Motor Credit Company LLC Represented By
Jennifer H Wang
10:00 AM
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
TOYOTA MOTOR CREDIT CORPORATION VS
DEBTOR
Austin P Nagel to appear by telephone
Docket 23
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is the lessor debtor's Toyota Tundra.
On November 12, 2018, the lease matured. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1) and (d)(2). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Brian Kim Represented By
Jeffrey N Wishman
10:00 AM
Movant(s):
Toyota Motor Credit Corporation, Represented By
Austin P Nagel
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
WELLS FARGO BANK, N.A. VS
DEBTOR
Sheryl K. Ith to appear by telephone
Docket 95
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's Ford F250. The debtor has failed to pay 6 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Timothy Joseph Bussio Represented By Joshua L Sternberg
10:00 AM
Movant(s):
Wells Fargo Bank, N.A. dba Wells Represented By
Jennifer H Wang
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
FIRST CITY CREDIT UNION VS
DEBTOR
Docket 33
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's GMC Yukon XL. The debtor has failed to pay 4 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Marcus Joseph Veal Represented By
D Justin Harelik
Joint Debtor(s):
Camille Veal Represented By
10:00 AM
Movant(s):
D Justin Harelik
First City Credit Union Represented By Karel G Rocha
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
ALLY FINANCIAL INC. VS
DEBTOR
Adam N. Barasch to appear by telephone
Docket 30
None.
Debtor(s):
Thomas Vicente Tovar Represented By Jacqueline D Serrao
Joint Debtor(s):
Carey Peter Cronin Represented By Jacqueline D Serrao
Movant(s):
Ally Financial Inc. Represented By Adam N Barasch
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
TOWNSGATE CAPITAL CORPORATION VS
DEBTOR
Docket 38
Debtor(s):
Angela Olivia Beltran Represented By Andrew Moher
Movant(s):
Townsgate capital corporation Represented By
Michael D Vanlochem
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
HONDA LEASE TRUST VS
DEBTOR
Docket 23
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is the lessor debtor's Honda Civic. The debtor has failed to pay 3 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Claudia Delgadillo Represented By
David Samuel Shevitz
Movant(s):
HONDA LEASE TRUST Represented By Vincent V Frounjian
10:00 AM
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
TOYOTA MOTOR CREDIT CORPORATION VS
DEBTOR
Docket 27
- NONE LISTED -
Debtor(s):
Juan Cordova Represented By Rebecca Tomilowitz
Joint Debtor(s):
Norma Becerra Represented By Rebecca Tomilowitz
Movant(s):
Toyota Motor Credit Corporation Represented By
Austin P Nagel
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
CAB WEST, LLC VS
DEBTOR
Sheryl K. Ith to appear by telephone
Docket 28
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is the lessor debtor's Lincoln MKZ. The debtor has failed to pay 3 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Orson Van Gay Represented By Scott Kosner
10:00 AM
Movant(s):
Cab West, LLC Represented By Jennifer H Wang
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
CONSUMER PORTFOLIO SERVICES, INC VS
DEBTOR
Erin M. McCartney to appear by telephone
Docket 33
None.
Debtor(s):
Hector Edward Arciniega Represented By Nicholas M Wajda
Joint Debtor(s):
Melinda Ann Arciniega Represented By Nicholas M Wajda
Movant(s):
Consumer Portfolio Services, Inc. Represented By
Erin M McCartney
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DAIMLER TRUST VS
DEBTOR
Case dismissed 12/20/18
Docket 43
- NONE LISTED -
Debtor(s):
Nino Gevorkova Represented By Philip O Falese
Movant(s):
Daimler Trust Represented By
Jennifer H Wang
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
TOYOTA MOTOR CREDIT CORPORATION VS
DEBTOR
Sheryl K. Ith to appear by telephone Case dismissed 12/20/18
Docket 45
- NONE LISTED -
Debtor(s):
Nino Gevorkova Represented By Philip O Falese
Movant(s):
Toyota Motor Credit Corporation, Represented By
Austin P Nagel
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
TOYOTA MOTOR CREDIT CORPORATION VS
DEBTOR
Case dismissed 12/20/18
Docket 46
- NONE LISTED -
Debtor(s):
Nino Gevorkova Represented By Philip O Falese
Movant(s):
Toyota Motor Credit Corporation, Represented By
Austin P Nagel
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
CAPITAL ONE AUTO FINANCE VS
DEBTOR
Docket 46
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's Nissan Pathfinder. The debtor has failed to pay 4 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Emmanuel Vargas Represented By Peter L Lago
10:00 AM
Movant(s):
Capital One Auto Finance, a division Represented By
Cheryl A Skigin
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR fr 12-18-18
Jenelle C. Arnold to appear by telephone
Docket 30
None.
Debtor(s):
Mark Anthony Reyes Represented By Gary Leibowitz
Jacqueline D Serrao
Movant(s):
U.S. Bank National Association, not Represented By
Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DEUTSCHE BANK NATIONAL TRUST COMPANY
VS DEBTOR
fr 12-18-18
Docket 43
Tentative Ruling for January 15, 2019:
None.
Tentative Ruling for Decenber 18, 2018:
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
10:00 AM
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Karla Aidee Castro Represented By William G Cort
Movant(s):
Deutsche Bank National Trust Represented By Tyneia Merritt
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
NATIONSTAR MORTGAGE LLC VS
DEBTOR
fr. 11-27-18; 12-18-18
Dane Exnowski to appear by telephone Stipulation to continue filed 1/9/19
Docket 55
The parties have submitted an adequate protection stipulation. The court will review and approve the stipulation. This matter is OFF CALENDAR. Appearances waived.
Debtor(s):
Jose Rivera Represented By
Brad Weil
Joint Debtor(s):
Rita Maria Rivera Represented By Brad Weil
Movant(s):
Nationstar Mortgage LLC d/b/a Mr. Represented By
Dane W Exnowski
10:00 AM
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
TROJAN CAPITAL INVESTMENTS, LLC VS
DEBTOR
fr 9-18-19, 10-9-18
Docket 34
A stipulation to continue the matter was filed on January 7, 2019. The court will review and enter the order approving the stipulation. Accordingly, this matter is CONTINUED to February 12, 2019 at 10:00 a.m.
Appearances waived.
Debtor(s):
Jose Rivera Represented By
Brad Weil
Joint Debtor(s):
Rita Maria Rivera Represented By Brad Weil
Movant(s):
Trojan Capital Investments, LLC Represented By
Rafael R Garcia-Salgado Richard J Reynolds
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
BANK OF AMERICA, N.A. VS
DEBTOR fr 12-4-18
Docket 38
Debtor(s):
Alejandro Villarreal Sanchez Represented By Raymond Perez
Movant(s):
Bank of America, N.A. Represented By Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WEST COAST SERVICING, INC VS
DEBTOR
fr. 12-4-18, 12-27-18
Docket 29
None.
Debtor(s):
Marine Akrabian Represented By Matthew D. Resnik
Movant(s):
WEST COAST SERVICING, INC. Represented By
Julian K Bach
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
WELLS FARGO BANK, N.A. VS
DEBTOR
Kelly M. Raftery to appear by telephone
Docket 53
Debtor(s):
Alex Rivera Represented By
Christian T Spaulding
Movant(s):
WELLS FARGO BANK, N.A. Represented By Brett P Ryan Tavon Taylor Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
NATIONSTAR MORTGAGE LLC VS
DEBTOR
Dane Exnowski to appear by telephone Louis J. Esbin to appear by telephone
Docket 47
Debtor(s):
William Ronald Lively Represented By Louis J Esbin
Joint Debtor(s):
Kathleen Ann Lively Represented By Louis J Esbin
Movant(s):
NATIONSTAR MORTGAGE LLC Represented By
Andrew Kussmaul John D Schlotter
10:00 AM
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
BAYVIEW LOAN SERVICING, LLC VS
DEBTOR
Docket 46
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 4 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Gustavo Guijarro Represented By
R Grace Rodriguez
Joint Debtor(s):
Nelida R. Guijarro Represented By
10:00 AM
Movant(s):
R Grace Rodriguez
BAYVIEW LOAN SERVICING, Represented By
Edward G Schloss
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
SETERUS, INC.
VS
DEBTOR
Renee M. Parker to appear by telephone Stipulation to continue filed 1/9/19
Docket 59
None.
Debtor(s):
Charlana Lafon Ragland Represented By Steven A Alpert
Movant(s):
SETERUS, INC., AS THE Represented By James F Lewin
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
CIT BANK, N.A.
VS
DEBTOR
Dane Exnowski to appear by telephone
Docket 21
- NONE LISTED -
Debtor(s):
Juana Maria Del Aguila De Conejo Represented By
Bryn C Deb
Movant(s):
CIT BANK, N.A. Represented By
Dane W Exnowski
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
DEUTSCHE BANK NATIONAL TRUST COMPANY
VS DEBTOR
Sean Ferry Exnowski to appear by telephone
Docket 34
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the subject property. The debtor has failed to pay 7 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Juan Herrera Represented By
James Geoffrey Beirne
Joint Debtor(s):
Rocio Veronica Herrera Represented By
James Geoffrey Beirne
Movant(s):
DEUTSCHE BANK NATIONAL Represented By
Sean C Ferry
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
WILMINGTON TRUST NATIONAL ASSOCIATION
VS DEBTOR
Cassandra Richey to appear by telephone
Docket 48
None.
Debtor(s):
Rina Isabel Gomez Represented By Kevin Tang
Movant(s):
Wilmington Trust, National Represented By Cassandra J Richey
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
NATIONSTAR MORTGAGE LLC VS
DEBTOR
Dane Exnowski to appear by telephone
Docket 40
Debtor(s):
David Richard Robedeau Represented By
Raj T Wadhwani
Movant(s):
Nationstar Mortgage LLC d/b/a Mr. Represented By
Andrew Kussmaul Dane W Exnowski John D Schlotter
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Jenelle C. Arnold to appear by telephone Case dismissed 10/15/18
Docket 19
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering real property. The debtor received an interest in the property through an unauthorized grant deed. The debtor has failed to pay any post- petition payments. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived.
Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other
10:00 AM
case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11 U.S.C. § 362(d)(4). The stay is annulled retroactive to the petition date, so that enforcement actions taken by movant, if any, before receipt of notice of the automatic stay will not be deemed to have been voided by the automatic stay. See Nat’l Envtl. Waste Corp. v. City of Riverside (In re Nat’l Envtl. Waste Corp.), 129 F.3d 1052, 1055 (9th Cir. 1997). All other relief is denied.
Debtor(s):
Movant shall upload an appropriate order via the Court’s LOU system.
David Carranza Pro Se
Movant(s):
U.S. BANK NATIONAL Represented By Joseph C Delmotte Gilbert R Yabes
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
PENNYMAC LOAN SERVICES, LLC VS
DEBTOR
Megan E. Lees to appear by telephone
Docket 19
None.
Debtor(s):
Jose De Jesus Nario Represented By Lionel E Giron
Movant(s):
PennyMac Loan Services, LLC as Represented By
Robert P Zahradka
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
LEHMAN XS TRUST MORTGAGE VS
DEBTOR
Angie M. Marth to appear by telephone
Docket 19
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 26 post- petition payments. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed
10:00 AM
circumstances or for good cause shown, after notice and a hearing. 11
U.S.C. § 362(d)(4). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Stacey Lynn Beck Pro Se
Movant(s):
LEHMAN XS TRUST Represented By Angie M Marth
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
NREI, LLC VS DEBTOR
Robert P. Goe to appear by telephone
Docket 17
- NONE LISTED -
Debtor(s):
Anne N Ohakosim Pro Se
Movant(s):
NREI, LLC Represented By
Robert P Goe
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
WELLS FARGO BANK, N.A. VS
DEBTOR
Cassandra Richey to appear by telephone
Docket 13
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay numerous payments. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11
10:00 AM
U.S.C. § 362(d)(4). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system
Debtor(s):
Aniceto Escobar Pro Se
Movant(s):
Wells Fargo Bank, N.A. Represented By Cassandra J Richey
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
WELLS FARGO BANK, N.A. VS
DEBTOR
Jenelle C. Arnold to appear by telephone
Docket 12
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay numerous payments. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11
10:00 AM
U.S.C. § 362(d)(4). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system
Debtor(s):
Antonio Garcia Jr Pro Se
Movant(s):
Wells Fargo Bank, N.A. Represented By Gilbert R Yabes
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 9
No opposition was filed.
Section 362(c)(4)(A) states that if a single or joint case is filed by or against a debtor who is an individual under this title, and if 2 or more single or joint cases of the debtor were pending within the previous year but were dismissed, other than a cased refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay shall not go into effect upon the filing of the later case, and on request of a party in interest, the Court shall promptly enter an order confirming that no stay is in effect. 11 U.S.C. § 362(c) (4)(A).
On motion of a party in interest for imposition of the automatic stay and upon notice and a hearing, the Court may impose the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) if the request is made within 30 days of the filing of the later case and after notice and a hearing, only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11 U.S.C. § 362(c)(4)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on December 17, 2018. This motion was filed on December 18, 2018. The motion is timely.
According to the evidence, debtor seeks imposition of the automatic stay as to all creditors listed in the motion on pages 12-13 (Docket No. 9). Pursuant to the evidence presented, the Court GRANTS the relief requested in the motion based upon an apparent change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
10:00 AM
Movant’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Sealler Joelly Alexander Represented By Heather J Canning
Movant(s):
Sealler Joelly Alexander Represented By Heather J Canning Heather J Canning
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 11
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on December 21, 2018. This motion was filed on December 27, 2018 and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to the creditors listed on pages 11-12 of the motion (Docket No. 11). Pursuant to the evidence presented, the Court GRANTS the relief
10:00 AM
requested in the motion based upon an apparent change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Jose S Cortez Represented By
William G Cort
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
REVERSE MORTGAGE SOLUTIONS, INC VS
DEBTOR
Sean Ferry to appear by telephone
Docket 21
None.
Debtor(s):
Solomon & King Management Represented By Michael Avanesian
Movant(s):
Reverse Mortgage Solutions, Inc Represented By
Sean C Ferry
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
10:00 AM
SEBASTIAN GROUP, LLC VS
DEBTOR
Docket 12
A stipulation resolving the matter was filed in this case. The Movant is ordered to lodge an appropriate order approving the stipulation. Accordingly, this matter is taken OFF CALENDAR. Appearances waived.
Debtor(s):
Adrianna Barrios Pro Se
Movant(s):
Sebastian Group, LLC Represented By Joseph Cruz
Trustee(s):
David M Goodrich (TR) Pro Se
10:00 AM
Telephonic Hearing
TOYOTA MOTOR CREDIT CORPORATION VS
DEBTOR
Austin P. Nagel to appear by telephone
Docket 31
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Since a chapter 7 case does not contemplate reorganization, the sole issue before the court when stay relief is sought under 11 U.S.C. § 362(d)(2) is whether the debtor has equity in the property. See e.g., Nev. Nat’l Bank v. Casgul of Nev., Inc. (In re Casgul of Nev., Inc.), 22 B.R. 65, 66 (9th Cir. BAP 1982); Ramco Indus. v. Preuss (In re Preuss), 15 B.R. 896 (9th Cir. BAP 1981). Appearances waived.
The movant is the lessor of the debtor's Toyota Corolla. As a result the debtor has no equity in the subject property and no evidence that the trustee can administer the subject property for the benefit of creditors. The trustee has filed a no asset report.
The 14-day stay of FRBP 4001(a)(3) is ordered waived due to the fact that the movant’s collateral is being used by the debtor without compensation and is depreciating in value. All other relief is denied.
10:00 AM
Debtor(s):
The movant shall submit an appropriate order.
Monique K. Rangel Represented By Thomas B Ure
Movant(s):
Toyota Motor Credit Corporation, Represented By
Austin P Nagel
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
TOYOTA MOTOR CREDIT CORPORATION VS
DEBTOR
fr 11-6-18; 11-27-18; fr 12-18-18
Docket 364
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
Movant(s):
Toyota Motor Credit Corporation, Represented By
Austin P Nagel
10:00 AM
VIG, LLC VS DEBTOR
Docket 28
None.
Debtor(s):
Carla Langley Represented By Kevin Tang
Movant(s):
VIG, LLC, a Delaware Limited Represented By
Aslan Khodorovsky
2:00 PM
Adv#: 2:18-01092 Meier et al v. Welker, II
FR. 6-5-18; 6-12-18; 10-16-18
Stipulation to continue pretrial conference filed 1/7/19
Docket 1
The parties have submitted another stipulation to continue the pre-trial conference and extend the discovery cut-off. The pretrial conference is continued to April 23, 2019 at 2:00 p.m. The deadline to complete discovery is extended to April 1, 2019. No further continuances will be approved. The parties are required to comply with the Local Bankruptcy Rules in the preparation of a joint pretrial stipulation and to file it timely. Failure to do so may result in sanctions.
Appearances waived.
Debtor(s):
James Joseph Welker II Represented By Jeffrey N Wishman
Defendant(s):
James Joseph Welker II Pro Se
Plaintiff(s):
Claudio Meier Represented By Bradford T Child
Brigitte Frank Meier Represented By Bradford T Child
2:00 PM
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:17-01511 Acevedo et al v. Cruz
fr. 1-9-18; 3-6-18; 4-3-18; 6-26-18, 8-14-18; 11-6-18
Docket 1
None.
Debtor(s):
Eddy J Cruz Represented By
Edwing F Keller
Defendant(s):
Eddy J Cruz Pro Se
Plaintiff(s):
Rosa Acevedo Represented By David Brian Lally
Jaime Avila Represented By
David Brian Lally
Carlos Enriquez Represented By David Brian Lally
America Hernandez Represented By David Brian Lally
2:00 PM
Patricia Hernandez Represented By David Brian Lally
Maria Guadalupe Ramos Represented By David Brian Lally
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Adv#: 2:18-01349 Johnson v. Sharaf
Docket 1
None.
Debtor(s):
Hayssam Sharaf Pro Se
Defendant(s):
Hayssam Sharaf Pro Se
Plaintiff(s):
R.K. Johnson Represented By
JoAnne Belisle Frances M Campbell
Alexander Gregory Boone
Trustee(s):
Heide Kurtz (TR) Pro Se
2:00 PM
Adv#: 2:18-01350 NATIONAL FUNIDNG, INC. v. Mathew
Docket 1
None.
Debtor(s):
Thresiamma Mathew Represented By Stella A Havkin
Defendant(s):
Thresiamma Mathew Pro Se
Plaintiff(s):
NATIONAL FUNIDNG, INC. Represented By Jennifer Eileen Duty
10:00 AM
Docket 0
- NONE LISTED -
1:30 PM
fr 10-18-17; 12-13-17; 2-28-18; 4-18-18; 5-30-18; 8-22-18
FR 10-17-18
Docket 70
- NONE LISTED -
Debtor(s):
Marietta Soltis Asumbrado Represented By Mariano A Alvarez
Trustee(s):
Nancy K Curry (TR) Represented By
Nancy K Curry (TR)
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr. 1-10-18; 2-28-18; 4-11-13; 6-13-18; 8-22-18; 10-3-18;
12-12-18
Docket 31
- NONE LISTED -
Debtor(s):
Mark Logan Represented By
Melissa A Clark Katherine Sandoval
Joint Debtor(s):
Patricia Logan Represented By Melissa A Clark Katherine Sandoval
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 11-7-18
Docket 52
- NONE LISTED -
Debtor(s):
Odila Campos Represented By Lauren Rode
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
FR 10-17-18
Docket 90
- NONE LISTED -
Debtor(s):
Esther Perez Hernandez Represented By Joseph A Weber Fritz J Firman
Joint Debtor(s):
Ramon Hernandez Navarro Represented By Joseph A Weber Fritz J Firman
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 10-17-18; 2-12-18
Docket 34
- NONE LISTED -
Debtor(s):
Rick Choi Represented By
Julie J Villalobos
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 10-17-18
fr 12-12-18
Docket 50
- NONE LISTED -
Debtor(s):
Judith Michelle Thompson Represented By Tamar Terzian
Joint Debtor(s):
Steven Russell Thompson Represented By Tamar Terzian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 4-18-18; 6-27-18; 9-12-18
fr 11-7-18
Docket 77
- NONE LISTED -
Debtor(s):
Edwin Ernesto Lima Represented By
R Grace Rodriguez
Joint Debtor(s):
Judith Maribel Lima Represented By
R Grace Rodriguez
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 11-7-18
Docket 61
- NONE LISTED -
Debtor(s):
Sabrina January Dethloff Represented By David P Farrell
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 11-7-18
Docket 72
- NONE LISTED -
Debtor(s):
Ronald Vasquez Represented By
D Justin Harelik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 11-7-18
Docket 20
- NONE LISTED -
Debtor(s):
Salvador Leon Perez Represented By William G Cort
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr.11-15-17; 2-14-18; 4-11-13; 6-13-18; 8-22-18
FR 10-17-18
Docket 41
- NONE LISTED -
Debtor(s):
Maria Isabel Ochoa Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 10-17-18
Docket 99
- NONE LISTED -
Debtor(s):
Jorge Alberto Rosa Jr. Represented By Steven A Alpert
Joint Debtor(s):
Heather Nicole Rosa Represented By Steven A Alpert
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 11-7-18
Docket 74
- NONE LISTED -
Debtor(s):
Todd A King Represented By
Julie J Villalobos
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-7-18
Docket 69
- NONE LISTED -
Debtor(s):
Ramon Larios Rojas Represented By Todd L Turoci
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-7-18
Docket 35
- NONE LISTED -
Debtor(s):
Carolyn Lewis Represented By Nicholas M Wajda
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 6-27-18; 9-12-18
FR 10-17-18
Docket 46
- NONE LISTED -
Debtor(s):
Ricardo Ramos Represented By Luis G Torres
Joint Debtor(s):
Lucina Ramos Represented By Luis G Torres
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 7-11-18; 9-12-18
fr 11-7-18
Docket 45
- NONE LISTED -
Debtor(s):
Lisa Marie Battiest Represented By William G Cort
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-7-18
Docket 30
- NONE LISTED -
Debtor(s):
Regina Gale Willis Represented By Jacqueline D Serrao
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 8-22-18
FR 10-17-18
Docket 31
- NONE LISTED -
Debtor(s):
Clark Oliver Lishey Represented By Julie J Villalobos
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-7-18
Docket 65
- NONE LISTED -
Debtor(s):
Lisa Virgene McGeo Represented By
David Samuel Shevitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 9-12-18
fr 11-7-18
Docket 36
- NONE LISTED -
Debtor(s):
Leobardo Alaniz Represented By Luis G Torres
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-7-18
Docket 33
- NONE LISTED -
Debtor(s):
Steven Phillip Vigil Represented By Erika Luna
Joint Debtor(s):
Anna Maria Vigil Represented By Erika Luna
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 7-18-18; 9-12-18
fr 11-7-18
Docket 50
- NONE LISTED -
Debtor(s):
Jose Hernandez Represented By Richard A Loa
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-7-18
Docket 36
- NONE LISTED -
Debtor(s):
Charles Hansford Jr. Represented By Erika Luna
Joint Debtor(s):
Denise Hansford Represented By Erika Luna
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 24
- NONE LISTED -
Debtor(s):
Roselyn Diane Ibanez Represented By
Hale Andrew Antico
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 40
- NONE LISTED -
Debtor(s):
Javier Fasio Cortez Represented By Jaime A Cuevas Jr.
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
[11 U.S.C. § 1307(c)(6)]
Docket 64
None.
Debtor(s):
Mario G. Cardona Represented By Jaenam J Coe
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 49
- NONE LISTED -
Debtor(s):
James David Moore Represented By Matthew D. Resnik
Joint Debtor(s):
Bonita L. Moore Represented By Matthew D. Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 0
None.
Debtor(s):
Robert M Gonzales Sr Pro Se
Trustee(s):
Nancy K Curry (TR) Represented By
Nancy K Curry (TR)
1:30 PM
fr 11-7-18; 12-12-18
Docket 93
- NONE LISTED -
Debtor(s):
Robert M Gonzales Sr Pro Se
Trustee(s):
Nancy K Curry (TR) Represented By
Nancy K Curry (TR)
1:30 PM
Docket 44
- NONE LISTED -
Debtor(s):
Pablo Ruiz Jr. Represented By Sam Benevento
Joint Debtor(s):
Idalia I. Ruiz Represented By
Sam Benevento
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 43
- NONE LISTED -
Debtor(s):
Pablo Ruiz Jr. Represented By Sam Benevento
Joint Debtor(s):
Idalia I. Ruiz Represented By
Sam Benevento
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 8
- NONE LISTED -
Debtor(s):
George L Hsu Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 32
The objection to the exemption is SUSTAINED. The failure of the debtor to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(h) is considered as consent to the sustaining of the objection. LBR 9013-1(h). Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir.
1995). Further, the chapter 13 trustee has established a prima facie case for granting the relief requested. The debtor is not permitted to claim the homestead exemption in the amount of $300,000 under CCP § 704.730 as it exceeds any of the statutory limits. Further, the debtor has failed to indicate which sub-section of CCP § 704.730(a) he is claiming. The chapter 13 trustee shall submit an appropriate order. No appearance is necessary.
Debtor(s):
Joseph J Nichols Represented By Julius Johnson
Movant(s):
Nancy K Curry (TR) Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 33
The valuation motion is DENIED without prejudice.
Debtor seek to value the debtor's PERSONAL PROPERTY, a 2010 Chevrolet Camaro Coupe LT, at a fair market value of $5,043. The subject property is secured by an interest held by Wells Fargo Bank, securing a loan with a balance as of the petition date of approximately $10,638.83. Debtor has not established a prima facie case for the granting of the relief requested in the motion.
Debtor must use the retail value of the car, and submit a Kelley Blue Book/N.A.D.A. Guide retail value or other such evidence of valuation. Courts have employed a variety of vehicle valuation methods under § 506(a)(2), and presently the Ninth Circuit has not established a uniform method. See In re Ayres, 2010 WL 652825 at *5 (Bankr. N.D. Cal.) (collecting cases detailing vehicle valuation and describing the state of the law in the Ninth Circuit).
However, in In re Morales, the United States Bankruptcy Court for the Central District of California determined that retail value should be calculated "by adjusting the Kelley Blue Book or N.A.D.A. Guide retail value for a like vehicle by a reasonable amount in light of the evidence presented regarding the condition of the vehicle or any other relevant factors." In re Morales, 387 B.R. 36, 45 (Bankr. C.D. Cal. 2008).
Here, the debtor has used the "private party value" of the vehicle which is impermissible.
Pursuant to LBR 9021-1(b)(1)(B), debtor must lodge a proposed order via LOU within 7 days of the hearing.
1:30 PM
Debtor(s):
Edwin Armando Gomez Represented By Gregory Grigoryants
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
Trustee with an Order Directing Payment of Quarterly Fees and for Judgment Thereon
fr. 11-15-18; 12-13-18; 12-13-18
Stipulation to continue hearing filed 1/10/19 Onyinye N. Anyama to appear by telephone Todd E. Whitman to appear by telephone
Docket 14
This matter is CONTINUED to February 7, 2019 at 10:00 a.m.
Appearances waived.
Debtor(s):
Luis Carlos Flores Represented By Kevin Tang
Joint Debtor(s):
Teresa Flores Represented By
Kevin Tang
10:00 AM
Docket 51
None.
Debtor(s):
Luis Carlos Flores Represented By Lionel E Giron
Joint Debtor(s):
Teresa Flores Represented By
Lionel E Giron
10:00 AM
Docket 29
None.
Debtor(s):
LION SOLAR, LLC Represented By Michael H Weiss
10:00 AM
fr 12-20-18
Docket 0
None.
Debtor(s):
LION SOLAR, LLC Represented By Michael H Weiss
10:00 AM
Docket 26
None.
Debtor(s):
Carla Langley Represented By Kevin Tang
10:00 AM
fr 12-20-18
Docket 0
None.
Debtor(s):
Carla Langley Represented By Kevin Tang
10:00 AM
Telephonic Hearing
Roksana D. Moradi to appear by telephone
Docket 57
Debtor seeks to value debtor’s REAL PROPERTY at a fair market value of $520,000.00 as of October 4, 2018. No opposition was filed. Good cause appearing, the debtor’s motion is GRANTED. Appearances waived.
Debtor(s):
James Anthony Startz Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
10:00 AM
Docket 38
This matter is CONTINUED to February 7, 2019 at 10:00 a.m.
Appearances waived.
Debtor(s):
Robert Gabriel Represented By Onyinye N Anyama
10:00 AM
Docket 55
This matter is CONTINUED to February 28, 2019 at 10:00 a.m.
Appearances waived.
Debtor(s):
Sergio Cayetano Montero Represented By Onyinye N Anyama
10:00 AM
fr. 8-13-15; 9-24-15; 1-28-16, 5-26-16; 9-28-16
1-26-17, 5-25-17; 8-24-17, 12-14-17; 2-1-18; 3-29-18,
5-3-18; 5-31-18; 8-23-18; 11-15-18
Docket 1
None.
Debtor(s):
Philip L. Marchiondo Represented By Ian Landsberg
Movant(s):
Philip L. Marchiondo Represented By Ian Landsberg
10:00 AM
fr 12-14-17, 1-18-18, 5-10-18; 6-28-18; 9-6-18;
10-4-18
Docket 0
This matter is OFF CALENDAR. The Court entered an order granting motion for final decree and order closing case. Appearances waived.
Debtor(s):
Wilma Seneviratne Represented By James R Selth Raymond H. Aver Marta C Wade
10:00 AM
Docket 50
None.
Debtor(s):
Michelle Carter Represented By Kevin Tang
Movant(s):
Michelle Carter Represented By Kevin Tang Kevin Tang Kevin Tang
10:00 AM
fr. 8-30-18; 12-13-18
Docket 28
None.
Debtor(s):
Michelle Carter Represented By Kevin Tang
10:00 AM
fr. 11-30-18
Docket 5
None.
Debtor(s):
Sumar International, Inc. Represented By Steven R Fox
10:00 AM
for Authority to Use Cash Collateral and to Approve Stipulation
fr. 11-30-18
Docket 2
None.
Debtor(s):
Expressway Deliveries, Inc. Represented By
J. Bennett Friedman
10:00 AM
Telephonic Hearing
Cassandra Richey to appear by telephone
Docket 0
None.
Debtor(s):
Benjamin Isaac Menjivar Represented By Giovanni Orantes Luis A Solorzano
Joint Debtor(s):
Sara Aura Menjivar Represented By Giovanni Orantes Luis A Solorzano
10:00 AM
property located at 1129 S. 2nd St. Alhambra,
CA 91801
fr. 11-8-18
Docket 128
None.
Debtor(s):
Benjamin Isaac Menjivar Represented By Giovanni Orantes Luis A Solorzano
Joint Debtor(s):
Sara Aura Menjivar Represented By Giovanni Orantes Luis A Solorzano
10:00 AM
Telephonic Hearing
of Certain Executory Contracts and Unexpired Leases; and (2) Executory Contract and Lease Rejection Procedures(
[As to Disney and Viacoms]
fr 11-15-18
Telephonic appearances by : Robert P. Goe
Mette H. Kurth Gerrick M. Warrington
Docket 237
None.
Debtor(s):
PH DIP, Inc Represented By
Robert P Goe Stephen Reider
Movant(s):
PH DIP, Inc Represented By
Robert P Goe Stephen Reider
10:00 AM
Telephonic Hearing
or expenses for Gumbiner Savett Inc., Accountant
Tamar Terzian to appear by telephone
Docket 105
No opposition was filed.
The court has reviewed the Application of Gumbiner Savett Inc. for the Allowance of Fees and Reimbursement of Expenses and the Supplemental Declaration of Rodney Fingelson. The court GRANTS the Application and awards $1,163 in fees and $0 in costs, for a total of $1,163. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Movant is to lodge an appropriate order.
Debtor(s):
Randal D. Haworth M.D. Inc. Represented By Stella A Havkin
10:00 AM
and Payment of Professional Fees and Reimbursement of Expenses as Counsel for the Official Committee
of Creditors Holding Unsecured Claims
Docket 107
No opposition was filed.
The court has reviewed the Application of Buchalter for the Allowance of Fees and Reimbursement of Expenses and the Supplemental Declaration of Brian Harvey. The court GRANTS the Application and awards $67,442.50 in fees and $213 in costs, for a total of $67656.22. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Movant is to lodge an appropriate order.
Debtor(s):
Randal D. Haworth M.D. Inc. Represented By Stella A Havkin
10:00 AM
Docket 108
No opposition was filed.
The court has reviewed the Application of Havkin & Shrago for the Allowance of Fees and Reimbursement of Expenses and the Supplemental Declaration of Stella Havkin. The court GRANTS the Application and awards
$31,832.50 in fees and $344.14 in costs, for a total of $32,176.64. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Movant is to lodge an appropriate order.
Debtor(s):
Randal D. Haworth M.D. Inc. Represented By Stella A Havkin
10:00 AM
Docket 110
No opposition was filed.
The court has reviewed the Application of Elliot M. Hirsch, M.D. for the Allowance of Fees and Reimbursement of Expenses and the Supplemental Declaration of Tamar Terzian. The court GRANTS the Application and awards $6,187.50 in fees and $4,500 in costs, for a total of $10,687.50. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Movant is to lodge an appropriate order.
Debtor(s):
Randal D. Haworth M.D. Inc. Represented By Stella A Havkin
10:00 AM
Docket 111
No opposition was filed.
The court has reviewed the Application of Terzian Law Group for the Allowance of Fees and Reimbursement of Expenses and the Supplemental Declaration of Tamar Terzian. The court GRANTS the Application and awards $10,597.50 in fees and $74.48 in costs, for a total of $10,671.58. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Movant is to lodge an appropriate order.
Debtor(s):
Randal D. Haworth M.D. Inc. Represented By Stella A Havkin
2:00 PM
Brad Krasnoff
Docket 48
None.
Final Ruling. This fee application has been set for hearing on the notice required by LBR 9013-1(d)(2) and other applicable rules. The failure of the debtor and parties in interest to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(f) is considered as consent to the granting of the motion. LBR 9013-1(h). CF. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). No appearance is allowed.
Brad D. Krasnoff. Brad D. Krasnoff ("Trustee") has filed a Final Report and Application for Compensation and reimbursement of expenses pursuant to 11 U.S.C. §§ 326 & 330. Trustee has itemized $1,319.80 in fees and $74.54 in expenses. No creditor or other party in interest, including the United States trustee, has filed an objection to the application.
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee’s services, payable after the trustee renders such services, not to exceed 25% of the first $5,000 or less, 10% on any amounts in excess of $5,000 but not in excess of
$50,000, 5% on any amount in excess of $50,000 but not in excess of
$1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the
2:00 PM
case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
In this case, the total money disbursed or turned over in the case by the Trustee to parties in interest, excluding the debtor, is $5,698.00. There being no extraordinary circumstances present in this case, the trustee’s requested compensation is presumed reasonable since it is sought at the statutory rate. In re Salgado-Nava, 473 B.R. 911 (9th Cir. BAP 2012).
The court finds that the Trustee’s requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is APPROVED.
Debtor(s):
ERWIN ALEJANDRO PONCIANO Represented By
Kathleen A Moreno
Joint Debtor(s):
BLANCA ESTELA PONCIANO Represented By
Kathleen A Moreno
Trustee(s):
Brad D Krasnoff (TR) Pro Se
2:00 PM
Telephonic Hearing
D. Edward Hays to appear by telephone
Docket 212
Marshack Hays LLP: The court has reviewed the Application of Marshack Hays LLP for the Allowance of Fees and Reimbursement of Expenses. The court GRANTS the Application and awards $31,925.50 in fees and $730.22 in costs, for a total of $32,655.72. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Trustee is to lodge an appropriate order.
Debtor(s):
Michael Torres Represented By Thomas B Ure
Joint Debtor(s):
Carla Torres Pro Se
Trustee(s):
David M Goodrich (TR) Represented By Richard A Marshack Laila Masud
10:00 AM
fr 11-7-18; 12-12-18
Docket 43
None.
Debtor(s):
Jose Rivera Represented By
Brad Weil
Joint Debtor(s):
Rita Maria Rivera Represented By Brad Weil
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
HYUNDAI LEASE TITLING TRUST VS
DEBTOR
Jennifer H Wang to appear by telephone
Docket 35
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is the lessor debtor's Kia Rio. On June 21, 2018, the lease matured. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
William Leonel Lossi Represented By Allan S Williams
Movant(s):
10:00 AM
Hyundai Lease Titling Trust Represented By Austin P Nagel Jennifer H Wang
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
NISSAN MOTOR ACCEPTANCE CORPORATION VS
DEBTOR
Docket 31
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's Nissan Rouge. The debtor has failed to pay 2 post- petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1) and (d)(2). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system
Debtor(s):
Consuelo C Chavira Represented By
W. Derek May
Movant(s):
NISSAN MOTOR ACCEPTANCE Represented By
10:00 AM
Trustee(s):
Michael D Vanlochem
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
LAKEVIEW LOAN SERVICING, LLC VS
DEBTOR fr. 11-27-18
Christia J. O to appear by telephone
Docket 29
None.
Debtor(s):
Lydia M Torres Represented By Daniela P Romero
Movant(s):
Lakeview Loan Servicing, LLC Represented By Christina J O
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
US BANK TRUST NATIONAL ASSOCIATION VS
DEBTOR
Docket 46
None.
Debtor(s):
Hidonol Ponds Represented By Andy C Warshaw
Movant(s):
US Bank Trust National Association Represented By
Kristin A Zilberstein
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
WILMINGTON TRUST, NATIONAL ASSOCIATION VS
DEBTOR
Cassandra Richey to appear by telephone
Docket 32
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Thomas Vicente Tovar Represented By Jacqueline D Serrao
10:00 AM
Joint Debtor(s):
Carey Peter Cronin Represented By Jacqueline D Serrao
Movant(s):
Wilmington Trust, National Represented By Sumit Bode
Cassandra J Richey
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
ERIK SCHULTZ VS
DEBTOR
Docket 23
None.
Debtor(s):
Marta Schultz Represented By Michael Jay Berger
Movant(s):
Erik Schultz Represented By
Sanaz S Bereliani
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
JPMORGAN CHASE BANK VS
DEBTOR
Docket 20
The motion is DENIED pursuant to 11 U.S.C. § 362(d)(1) as moot. The Court entered a chapter 7 discharge August 13, 2018 . Appearances waived.
Debtor(s):
Movant to lodge an appropriate order via the Court’s LOU system.
Gail D Lau-Gonzales Represented By Renee Nasiri
Movant(s):
JPMorgan Chase Bank, N.A. Represented By Joseph M Pleasant
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
Telephonic Hearing
WILMINGTON SAVINGS FUND SOCIETY VS
DEBTOR
Kristin A. Zilberstein to appear by telephone
Docket 124
None.
Debtor(s):
Steven Massei Represented By
Andrew Edward Smyth Stephen S Smyth
Joint Debtor(s):
Martha Massei Represented By
Andrew Edward Smyth Stephen S Smyth
Movant(s):
Wilmington Savings Fund Society, Represented By
Michelle R Ghidotti Kristin A Zilberstein
Trustee(s):
Sam S Leslie (TR) Pro Se
2:00 PM
Adv#: 2:18-01381 Garza v. Cardona
Docket 1
The status conference is continued to January 29, 2019 at 2:00 p.m. to be heard with the Motion to Dismiss set at that time. Appearances waived.
Debtor(s):
Mario G. Cardona Represented By Jaenam J Coe
Defendant(s):
Mario G. Cardona Pro Se
Plaintiff(s):
Daniel Garza Represented By
Baruch C Cohen
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01374 Eslava v. Ocwen Loan Servicing, LLC et al
contract; violation under California HBOR; injunction re dismissal of underlying Chapter 13 case
Theron S. Covey III to appear by telephone
Docket 1
None.
Debtor(s):
Adrian Eslava Represented By
R Grace Rodriguez
Defendant(s):
Ocwen Loan Servicing, LLC Pro Se
Deutche Bank National Trust Pro Se
Nancy Curry Pro Se
Plaintiff(s):
Adrian Eslava Represented By
R Grace Rodriguez
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:17-01516
Villas Del Rey Condominium Assoc. v. Roshan
Telephonic Hearing
fr. 1-9-18, 1-16-18; 3-20-18; 3-27-18; 6-5-18, 8-21-18
Jody Steinberg to appear by telephone
Docket 1
None.
Debtor(s):
Kaveh Roshan Represented By Lane K Bogard
Defendant(s):
Kaveh Roshan Pro Se
Plaintiff(s):
Villas Del Rey Condominium Assoc. Represented By
Dennis E McGoldrick
Trustee(s):
Richard K Diamond (TR) Pro Se
2:00 PM
Adv#: 2:18-01247 Anyadike v. BANK OF NEW YORK MELLON et al
Docket 25
- NONE LISTED -
Debtor(s):
Charles Olisekeni Anyadike Represented By
Anthony Obehi Egbase Onyinye N Anyama
Defendant(s):
BANK OF NEW YORK MELLON Represented By
Robert W Norman Jr
BAYVIEW LOAN SERVICING, Represented By
Robert W Norman Jr
Bank of America, N.A Represented By Adam N Barasch
Ditech Financial Represented By Christopher O Rivas
DOES 1 through 10, inclusive Pro Se
Plaintiff(s):
Charles Olisekeni Anyadike Represented By
Anthony Obehi Egbase
2:00 PM
Adv#: 2:18-01247 Anyadike v. BANK OF NEW YORK MELLON et al
declaratory relief regarding The Bindingness of confirmed Chapter 11 Plan
injunctive or other equitable relief fr 10-2-18; 11-6-18; 12-18-18
Docket 1
None.
Debtor(s):
Charles Olisekeni Anyadike Represented By
Anthony Obehi Egbase Onyinye N Anyama
Defendant(s):
BANK OF NEW YORK MELLON Pro Se BAYVIEW LOAN SERVICING, Pro Se
Bank of America, N.A Pro Se
Ditech Financial Pro Se
DOES 1 through 10, inclusive Pro Se
Plaintiff(s):
Charles Olisekeni Anyadike Represented By
Anthony Obehi Egbase
2:00 PM
Adv#: 2:18-01256 Katz v. R & R Management, LLC et al
contribution by R & R Management, LLC against Jasmine Nguyen, Peter Tri Nguyen, Richard Chhor
Docket 6
The status hearing of this cross-cromplaint is CONTINUED to
February 26, 2019 at 2:00 p.m. Appearances waived.
Debtor(s):
Little Saigon Supermarket, LLC Represented By Elaine Nguyen Daniel J Weintraub
Amelia Puertas-Samara Nina Z Javan
Defendant(s):
R & R Management, LLC Represented By Ian Landsberg
Plaintiff(s):
Ira Benjamin Katz Represented By James R Selth
2:00 PM
Adv#: 2:18-01298 Preferred Bank v. EBF Partners, LLC et al
declaratory judgment regarding the validity, priority and extent of Preferred Bank's lien in debtor's accounts receivable and proceeds thereof;
for determination that purported junior lienholders' claims are unsecured under 11 USC Section 506(d)
fr 11-27-18
Docket 1
A stipulation to extend deadlines and continue the status conference was filed in this case. The Court will review the stipulation and enter an order approving the stipulation. Accordingly, this matter is CONTINUED to January 22, 2019 at 2:00 p.m. Appearances waived.
Debtor(s):
Playhut, Inc. Represented By
Robert P Goe Stephen Reider
Defendant(s):
EBF Partners, LLC Pro Se
Yellowstone Capital West LLC Pro Se
Citi Capital LLC Pro Se
1 West Capital LLC Pro Se
2:00 PM
Plaintiff(s):
Preferred Bank Represented By Gerrick Warrington Michael G Fletcher
2:00 PM
Adv#: 2:18-01300 Playhut, Inc. v. EBF Partners, LLC dba Everest Business Funding
Avoidance and Recovery of Preferential Transfers
Avoidance and Recovery of Constructive Fraudulent Transfers; and
Disallowing Claims fr 11-27-18
Docket 4
A stipulation to extend deadlines and continue the status conference was filed in this case. The Court will review the stipulation and enter an order approving the stipulation. Accordingly, this matter is CONTINUED to January 22, 2019 at 2:00 p.m. Appearances waived.
Debtor(s):
PH DIP, Inc Represented By
Robert P Goe Stephen Reider
Defendant(s):
EBF Partners, LLC dba Everest Represented By
Lei Lei Wang Ekvall
Plaintiff(s):
Playhut, Inc. Represented By
Robert P Goe
2:00 PM
Docket 210
None.
Debtor(s):
Charles Olisekeni Anyadike Represented By
Anthony Obehi Egbase Onyinye N Anyama
Movant(s):
Charles Olisekeni Anyadike Represented By
Anthony Obehi Egbase Onyinye N Anyama
10:00 AM
Telephonic Hearing
HARLEY-DAVIDSON CREDIT CORP. VS
DEBTOR
Darren Devlin to appear by telephone
Docket 27
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's Harley-Davidson FLTRX Roadglide. The debtor has failed to pay 6 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Ralaina Vonette Potts Represented By John Asuncion
10:00 AM
Movant(s):
Harley-Davidson Credit Corp. Represented By Darren J Devlin
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
PINGORA LOAN SERVICING, LLC VS
DEBTOR
Docket 36
Debtor(s):
Luis Manuel Bautista Represented By Clifford Bordeaux
Movant(s):
Pingora Loan Servicing, LLC, and Represented By
Erin M McCartney
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Stipulation to continue filed 1-25-19 Gilbert R. Yabes to appear by telephone
Docket 53
A stipulation to continue the hearing was filed in this case. The Court will review the stipulation and enter an order approving the stipulation.
Accordingly, this matter is CONTINUED to March 5, 2019 at 10:00 a.m.
Appearances waived.
Debtor(s):
Carolina Ayala Hernandez Represented By Axel H Richter
Movant(s):
U.S. Bank National Association, not Represented By
Joseph C Delmotte Gilbert R Yabes
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
DITECH FINANCIAL LLC VS
DEBTOR
Cassandra Richey to appear by telephone
Docket 31
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 2 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Ferufino Ceren Campos Represented By
10:00 AM
Movant(s):
Nicholas M Wajda
Ditech Financial LLC Represented By Cassandra J Richey
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
U.S.S BANK TRUST, N.A. VS
DEBTOR
Cassandra Richey to appear by telephone
Docket 23
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the real property. The debtor has failed to pay post-petition payments. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11
10:00 AM
U.S.C. § 362(d)(4). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Ricardo Cruz Represented By
Matthew D. Resnik
Movant(s):
U.S. Bank Trust, N.A. Represented By Cassandra J Richey
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 7
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on January 3, 2019. This motion was filed on January 3, 2019, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to the creditors listed on page 13-14 of the motion at Docket No 7. Pursuant to the evidence presented, the Court GRANTS the
10:00 AM
relief requested in the motion based upon an apparent change in the personal and financial affairs of the debtor since dismissal of the last case.
Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Roberto Hurtado Argote Represented By Barry E Borowitz
Joint Debtor(s):
Valerie Vivian Argote Represented By Barry E Borowitz
Movant(s):
Roberto Hurtado Argote Represented By Barry E Borowitz Barry E Borowitz
Valerie Vivian Argote Represented By Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
ALLA KULIKOVA VS
DEBTOR
Docket 26
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the real property. The debtor has failed to pay post-petition payments. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11
U.S.C. § 362(d)(4). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Rodolfo Silva Pro Se
Joint Debtor(s):
Araly Silva-Martinez Pro Se
Movant(s):
Alla Kulikova as Trustee of The Represented By Alla Tenina
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:00 AM
Docket 10
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on January 7, 2019. This motion was filed on January 13, 2019, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to the creditors listed on page 27-28 of the motion at Docket No 10. Pursuant to the evidence presented, the Court GRANTS the
10:00 AM
relief requested in the motion based upon an apparent change in the personal and financial affairs of the debtor since dismissal of the last case.
Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Sylvia Lomeli Represented By Kevin Tang
Movant(s):
Sylvia Lomeli Represented By Kevin Tang
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
CAMILL BEIT SAYADEH VS
DEBTOR
Docket 7
None.
Debtor(s):
Bryan Juarez Pro Se
Movant(s):
Camill Beit Sayadeh Represented By Yevgeniya Lisitsa
Trustee(s):
John J Menchaca (TR) Pro Se
10:00 AM
TANTAMOUNT DEVELOPMENT, LLC VS
DEBTOR
Docket 16
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the real property. The debtor has failed to pay post-petition payments. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived.
Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11 U.S.C. § 362(d)(4). The stay is annulled retroactive to the petition date, so that enforcement actions taken by movant, if any, before receipt of notice of the automatic stay
10:00 AM
will not be deemed to have been voided by the automatic stay. See Nat’l Envtl. Waste Corp. v. City of Riverside (In re Nat’l Envtl. Waste Corp.), 129 F.3d 1052, 1055 (9th Cir. 1997). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Martina Lopez Represented By Lionel E Giron
Movant(s):
Tantamount Development LLC Represented By Allan D Sarver
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 15
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on January 1, 2019. This motion was filed on January 15, 2019, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to the creditor listed on page 4 of the motion. Pursuant to the evidence presented, the Court GRANTS the relief requested in the
10:00 AM
motion based upon an apparent change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Joann Dunbar Represented By Kahlil J McAlpin
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01381
Garza v. Cardona
Telephonic Hearing
Baruch C Cohen to appear by telephone
Docket 5
None.
Debtor(s):
Mario G. Cardona Represented By Marcus G Tiggs
Defendant(s):
Mario G. Cardona Represented By Marcus G Tiggs
Plaintiff(s):
Daniel Garza Represented By
Baruch C Cohen
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01381
Garza v. Cardona
Telephonic Hearing
fr. 1-22-19
Baruch C Cohen to appear by telephone
Docket 1
None.
Debtor(s):
Mario G. Cardona Represented By Jaenam J Coe
Defendant(s):
Mario G. Cardona Pro Se
Plaintiff(s):
Daniel Garza Represented By
Baruch C Cohen
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01298
Preferred Bank v. EBF Partners, LLC et al
Telephonic Hearing
Gerrick M Warrington to appear by telephone
Docket 32
Appearances required.
Plaintiff Pefered Bank has filed a Motion to Set Aside Default of 1 West Capital LLC, based upon the fact that 1 West Capital LLC was in it's own bankruptcy case at the time the adversary proceeding was filed, service was made and the default entered. The Court finds that good cause exists to grant the motion and the motion will be GRANTED. Plaintiff is to address how Plaintiff intends to proceed against 1 West Capital in light of the bankruptcy filing. Will a deadline to respond to the complaint be set? Should this matter be stayed as to 1 West Capital?
Debtor(s):
PH DIP, Inc Represented By
Robert P Goe Stephen Reider
Defendant(s):
EBF Partners, LLC Represented By
Lei Lei Wang Ekvall
Yellowstone Capital West LLC Represented By
Lei Lei Wang Ekvall
2:00 PM
Citi Capital LLC Pro Se
1 West Capital LLC Pro Se
Movant(s):
Preferred Bank Represented By Gerrick Warrington Michael G Fletcher
Plaintiff(s):
Preferred Bank Represented By Gerrick Warrington Michael G Fletcher
2:00 PM
Adv#: 2:18-01256 Katz v. R & R Management, LLC et al
Docket 17
- NONE LISTED -
Debtor(s):
Little Saigon Supermarket, LLC Represented By Elaine Nguyen Daniel J Weintraub
Amelia Puertas-Samara Nina Z Javan
Defendant(s):
R & R Management, LLC Represented By Ian Landsberg
James Hung Nguyen Represented By Timothy F Umbreit Thomas K Emmitt
Biogreen Unlimited, Inc Represented By Timothy F Umbreit Thomas K Emmitt
Movant(s):
Jasmine Nguyen Represented By Ian Landsberg
Timothy F Umbreit Thomas K Emmitt
2:00 PM
James Hung Nguyen Represented By Timothy F Umbreit Thomas K Emmitt
Biogreen Unlimited, Inc Represented By Timothy F Umbreit Thomas K Emmitt
Plaintiff(s):
Ira Benjamin Katz Represented By James R Selth
2:00 PM
Adv#: 2:18-01256 Katz v. R & R Management, LLC
fr. 10-9-18; 11-27-18
Docket 1
None.
Debtor(s):
Little Saigon Supermarket, LLC Represented By Elaine Nguyen Daniel J Weintraub
Amelia Puertas-Samara Nina Z Javan
Defendant(s):
R & R Management, LLC Pro Se
Plaintiff(s):
Ira Benjamin Katz Represented By James R Selth
2:00 PM
Adv#: 2:18-01281 Katz v. Nguyen et al
avoidance of fraudulent transfers pursuant to 11 U.S.C. Section 544 and 548
recovery of fraudulent transfers pursuant to 11 U.S.C. Section 550
objection to proof of claim
disallowance of claim pursuant to 11 U.S.C. Section 502(d) and (j)
fr 11-6-18; 11-27-18
Docket 1
None.
Debtor(s):
Little Saigon Supermarket, LLC Represented By Elaine Nguyen Daniel J Weintraub
Amelia Puertas-Samara Nina Z Javan
Defendant(s):
Jasmine Hoa Nguyen Pro Se
Biogreen Unlimited, Inc. Pro Se
Plaintiff(s):
Ira Benjamin Katz Represented By James R Selth
2:00 PM
2:00 PM
Adv#: 2:18-01435 Point.360, a California Corporation v. Medley Capital Corporation et al
Docket 2
None.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
Defendant(s):
Medley Capital Corporation Pro Se
Medley Opportunity Fund II LP Pro Se
Plaintiff(s):
Point.360, a California Corporation Represented By
Lewis R Landau
2:00 PM
Docket 0
None.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
2:00 PM
Docket 458
None.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
10:00 AM
Docket 0
- NONE LISTED -
1:30 PM
fr. 5-16-18; 7-11-18; 9-12-18; 11-14-18
Docket 57
- NONE LISTED -
Debtor(s):
Kevork N Ashkharian Represented By
David I Brownstein Joshua L Sternberg
Joint Debtor(s):
Sonia F Ashkharian Represented By
David I Brownstein Joshua L Sternberg
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 7-11-18; 9-12-18; 11-14-18
Stipulation to continue hearing filed 1/7/19
Docket 42
- NONE LISTED -
Debtor(s):
Adrian Eslava Represented By
R Grace Rodriguez
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 4-18-18; 6-13-18; 7-11-18; 9-12-18; 11-14-18
Docket 46
- NONE LISTED -
Debtor(s):
Jesus Cardenas Represented By Leonard Pena
Joint Debtor(s):
Maria Dora Cardenas Represented By Leonard Pena
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-7-18
Docket 35
- NONE LISTED -
Debtor(s):
Jason L Alvarado Represented By Steven Ibarra
Joint Debtor(s):
Lisa Renee Alvarado Represented By Steven Ibarra
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 8-22-17; 10-17-18; 11-14-18
Docket 25
- NONE LISTED -
Debtor(s):
Nicolas Delgado Barrera Represented By Leonard Pena
Joint Debtor(s):
Dominga Barrera Represented By Leonard Pena
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-7-18
Docket 59
- NONE LISTED -
Debtor(s):
John Dowers Represented By
Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-14-18
Docket 45
- NONE LISTED -
Debtor(s):
Susanna M Alvarez Represented By Joshua L Sternberg
Movant(s):
Susanna M Alvarez Represented By Joshua L Sternberg
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-14-18
Docket 31
- NONE LISTED -
Debtor(s):
Rassoul Yazdipour Represented By Mark T Jessee
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 10-3-18; 11-14-18
Docket 64
- NONE LISTED -
Debtor(s):
Frank Junior Flores Represented By Steven Ibarra
Joint Debtor(s):
Maria Igros Flores Represented By Steven Ibarra
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 5-16-18; 8-22-18; 10-3-18; 11-14-18
Docket 39
- NONE LISTED -
Debtor(s):
Alec Anthony Bauer Represented By Phillip Myer
Joint Debtor(s):
Angelica Bauer Represented By Phillip Myer
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-14-18; 4-11-18; 5-16-18; 8-22-18; 9-12-18; 11-7-18
Docket 34
- NONE LISTED -
Debtor(s):
Keith Berglund Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 9-12-18; 11-7-18
Docket 18
- NONE LISTED -
Debtor(s):
Maria Christine Pingol Esclibano Represented By
Hasmik Jasmine Papian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr. 10-3-18; 11-14-18
Docket 24
- NONE LISTED -
Debtor(s):
Kelly Smith Represented By
Allan S Williams
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-7-18
Docket 25
- NONE LISTED -
Debtor(s):
April Diann Thomas Represented By
Raj T Wadhwani
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr. 10-3-18; 11-14-18
Docket 43
- NONE LISTED -
Debtor(s):
Marcus Cameron Clark Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 12-12-18
Docket 31
- NONE LISTED -
Debtor(s):
Gail R Lenon Represented By
Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 11-7-18
Docket 32
- NONE LISTED -
Debtor(s):
Evette H Bell Represented By
Christie Cronenweth
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 20
- NONE LISTED -
Debtor(s):
Luis Vega Represented By
Heather J Canning
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 60
- NONE LISTED -
Debtor(s):
Alondria Renee Shelton Represented By Brad Weil
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 34
- NONE LISTED -
Debtor(s):
Jerome Reynolds Represented By Heather J Canning Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 36
- NONE LISTED -
Debtor(s):
Jennifer Goodie Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 9-12-18; 11-7-18
Docket 31
- NONE LISTED -
Debtor(s):
Jennifer Goodie Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 26
- NONE LISTED -
Debtor(s):
Erik G Fine Represented By
Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 9-12-18; 11-7-18
Docket 23
- NONE LISTED -
Debtor(s):
Erik G Fine Represented By
Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
FR 11-7-18
Docket 40
- NONE LISTED -
Debtor(s):
Jose Rivera Represented By
Brad Weil
Joint Debtor(s):
Rita Maria Rivera Represented By Brad Weil
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 41
- NONE LISTED -
Debtor(s):
Neauman Wayne Morgan Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Telephonic Hearing
fr 9-12-18; 11-14-18
Stipulation to continue filed 1/28/19
Erin M McCartney to appear by telephone
Docket 66
A stipulation to continue the matter was filed in this case. The Court will review the stipulation and enter an order approving the stipulation.
Accordingly, this matter is CONTINUED to March 27, 2019 at 1:30 p.m.
Appearances waived.
Debtor(s):
Patricia Nickell Represented By Charles Shamash Joseph Caceres
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 31
The court has reviewed the Application of Ure Law Firm for the Allowance of Fees and Reimbursement of Expenses and Suplemental Declaration. The court GRANTS the Application and awards $6,000 in fees for basic services pursuant to the RARA. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Debtor(s):
Debtor’s counsel is to lodge an appropriate order.
Byron Laroy Bobbitt Represented By Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 24
The court has reviewed the Application of Ure Law Firm for the Allowance of Fees and Reimbursement of Expenses and Suplemental Declaration. The court GRANTS the Application and awards $6,000 in fees for basic services pursuant to the RARA. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Debtor(s):
Debtor’s counsel is to lodge an appropriate order.
James F. Frierson Represented By Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 36
None.
Debtor(s):
Enrique Tellez Represented By Raymond Perez
Joint Debtor(s):
Gloria Tellez Represented By
Raymond Perez
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Case dismissed 1/18/19
Docket 24
- NONE LISTED -
Debtor(s):
Jose De Jesus Nario Represented By Lionel E Giron
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 42
No opposition was filed.
The debtors' objection to proof of claim ("Claim No. 7") filed with the court’s Claims Register by Wells Fargo NA is SUSTAINED. The failure of the creditor to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(h) is considered as consent to the sustaining of the objection. LBR 9013-1(h). Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir.
1995). Further, the debtor has established a prima facie case for granting the relief requested. Appearances waived.
The objection is sustained. The court disallows Claim No. 7 as a secured claim because a creditor is not entited to a secure claim in bankruptcy after it has come into lawful possession of the collateral underlying its asserted claim. The objecting party shall submit an appropriate order granting the relief requested pursuant to this tentative ruling.
Objection SUSTAINED: Claim 7 is to be classified as a general unsecured creditor.
Debtor(s):
Benjie L Knox Represented By Sunita N Sood
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Telephonic Hearing
fr. 12-12-18
Michael D Schulman to appear by telephone
Docket 17
None.
Debtor(s):
Inocente Benitez Pacheco Represented By William G Cort
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 18
Debtor seeks to value debtor’s residence at a fair market value of
$360,000 as of November 15, 2018. The subject property is encumbered by a first deed of trust lien held by Ocwen Loan Servicing, securing a loan with a balance as of the petition date of approximately $364,919.80 and a second deed of trust held by Ocwen Loan Servicing, securing a loan with a balance as of the petition date of approximately $93,000. The valuation motion is supported by evidence as to the value of the subject property. The content of the notice meets the due process requirement that it be "reasonably calculated, under all of the circumstances, to apprise interested parties of the pendency of the action and to afford them the opportunity to present their objections." Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 314 (1950). No opposition was filed. Therefore, Ocwen's claim secured by a junior deed of trust lien is completely under-collateralized.
The debtor’s motion is GRANTED. The claim of the junior lienholder is to be treated as an unsecured claim and to be paid through the plan pro rata with all other unsecured claims. The beneficiary of the trust deed encumbered by the junior lien will retain its lien against the subject property to the extent recognized by applicable nonbankruptcy law unless and until the debtor fully performs under the chapter 13 plan and the debtor receives a discharge pursuant to 11 U.S.C. § 1328. Upon the completion of all payments under the chapter 13 plan and upon entry of a discharge pursuant to 11 U.S.C. § 1328 in this case, the junior lien arising from the deed of trust against the subject property will be void and will not constitute an encumbrance on the subject property.
Pursuant to LBR 9021-1(b)(1)(B), debtors must serve and lodge a proposed order via LOU within 7 days of the hearing. Appearances waived.
1:30 PM
Debtor(s):
Noel Valdez Represented By
Vanmai H Nguyen
Joint Debtor(s):
Liliana Valdez Represented By Vanmai H Nguyen
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Rent-a-Center, Inc.
Docket 28
Debtors seek to value debtors' PERSONAL PROPERTY listed in Docket No. 28 at a fair market value of $600.00. The subject property is secured by an interest held by Rent-Center, Inc., securing a loan with a balance as of the petition date of approximately $1,619.30. The valuation motion is uncontested and supported by the debtor's declaration. The content of the notice meets the due process requirement that it be "reasonably calculated, under all of the circumstances, to apprise interested parties of the pendency of the action and to afford them the opportunity to present their objections." Mullane v. Central Hanover Bank & Trust Co., 339
U.S. 306, 314 (1950). No opposition was filed. Therefore, Rent-Center, Inc.'s claim is only partially secured by a lien.
The debtors' motion is GRANTED. Rent-Center, Inc.'s claim will be allowed as a secured claim only in the amount of $600.00. 11 U.S.C. § 506(a). As a result, the chapter 13 plan must provide for full payment of the secured portion of the claim over the life of the plan and pay the unsecured portion of the lien with other unsecured claims. 11 U.S.C. §1325(a)(5)(B); see In re Enewally, 368 F.3d 1165, 1171-1172 (9th Cir. 2004), cert. den. 543 U.S.
1021, 125 S.Ct. 669 (2004).
Pursuant to LBR 9021-1(b)(1)(B), debtors must serve and lodge a proposed order via LOU within 7 days of the hearing.
Debtor(s):
Edgar Avila Represented By
Michael Jones Sara Tidd
1:30 PM
Joint Debtor(s):
Maria Guadalupe Avila Represented By Michael Jones Sara Tidd
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Wells Fargo Dealer Services
Docket 26
None.
Debtor(s):
Edgar Avila Represented By
Michael Jones Sara Tidd
Joint Debtor(s):
Maria Guadalupe Avila Represented By Michael Jones Sara Tidd
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Stipulation to continue filed 1/28/19
Docket 267
A stipulation to continue the hearing was filed in this case. The Court will review the stipulation and enter an order approving the stipulation.
Accordingly, this matter is CONTINUED to February 7, 2019 at 10:00 a.m.
Appearances waived.
Debtor(s):
Cedric Leonardi Represented By Leslie A Cohen
Mark E Goodfriend
10:00 AM
fr. 1-11-19
Docket 0
None.
Debtor(s):
Stanley Swain's, Inc. Represented By Steven R Fox
10:00 AM
Docket 149
None.
Debtor(s):
American Ranch and Seafood Represented By Sandford L. Frey
10:00 AM
fr. 6-28-18, 8-16-18; 10-18-18; 12-13-18
Docket 91
None.
Debtor(s):
American Ranch and Seafood Represented By Sandford L. Frey
10:00 AM
Docket 53
None.
Debtor(s):
Luis Carlos Flores Represented By Lionel E Giron
Joint Debtor(s):
Teresa Flores Represented By
Lionel E Giron
Movant(s):
Luis Carlos Flores Represented By Lionel E Giron Lionel E Giron
Teresa Flores Represented By
Lionel E Giron
10:00 AM
fr. 12-6-18
Docket 0
None.
Debtor(s):
Luis Carlos Flores Represented By Kevin Tang Lionel E Giron
Joint Debtor(s):
Teresa Flores Represented By
Kevin Tang Lionel E Giron
10:00 AM
Docket 166
On January 29, 2019, the Court entered it's order granting Motion for Final Decree and Order Closing Case. This hearing is taken OFF CALENDAR. Appearances waived.
Debtor(s):
Hector Ocegueda Represented By
M Jonathan Hayes
10:00 AM
Docket 181
No opposition was filed.
The court has reviewed the Application for Payment of Fees of Resnik Hayes Moradi LLP. The court GRANTS the Application and awards
$11,760.00 in fees [the unpaid balance of which is to be paid by the debtor]. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1).
Appearances waived.
Debtor(s):
Debtor’s counsel is to lodge an appropriate order.
William O Haight Represented By Dana M Douglas
M. Jonathan Hayes
10:00 AM
Docket 144
None.
Debtor(s):
William O Haight Represented By Dana M Douglas M Jonathan Hayes
10:00 AM
Docket 269
None.
Debtor(s):
PH DIP, Inc Represented By
Robert P Goe Stephen Reider
10:00 AM
fr 9-20-18; 10-18-18; 12-6-18
Docket 14
None.
Debtor(s):
Thresiamma Mathew Represented By Stella A Havkin
10:00 AM
Docket 38
None.
Debtor(s):
Thresiamma Mathew Represented By Stella A Havkin
10:00 AM
fr 11-8-18; 12-6-18
Docket 0
None.
Debtor(s):
Thresiamma Mathew Represented By Stella A Havkin
10:00 AM
WELLS FARGO BANK, N.A. VS
DEBTOR fr.1-15-19
Docket 95
None.
Tentative for January 15, 2019:
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's Ford F250. The debtor has failed to pay 6 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Timothy Joseph Bussio Represented By Joshua L Sternberg
Movant(s):
Wells Fargo Bank, N.A. dba Wells Represented By
Jennifer H Wang
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
TOYOTA MOTOR CREDIT CORPORATION VS
DEBTOR
Docket 36
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is the lessor debtor's Toyota Camry.
The debtor has failed to pay 3 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1) and (d)(2). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Antonio Luis Gilbreath Represented By
Raj T Wadhwani
Joint Debtor(s):
Dione Renken Gilbreath Represented By
10:00 AM
Movant(s):
Raj T Wadhwani
Toyota Motor Credit Corporation, Represented By
Austin P Nagel
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WILMINGTON TRUST NATIONAL ASSOCIATION
VS DEBTOR
fr. 1-15-19
Docket 48
None.
Debtor(s):
Rina Isabel Gomez Represented By Kevin Tang
Movant(s):
Wilmington Trust, National Represented By Cassandra J Richey
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
CYNTHIA L MILLER VS
DEBTOR
Docket 32
Debtor to explain why relief from stay is necessary. This is a lawsuit prosecuted by Debtor. There is no automatic stay in actions pursued by the Debtor. Appearances required.
Debtor(s):
Cynthia L Miller Represented By Nancy Korompis
Movant(s):
Cynthia L Miller Represented By Nancy Korompis
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
PALMER/BOSTON ST. PROPERTIES II VS
DEBTOR
Docket 5
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d) (2). The stay is terminated as to the debtor and the debtor’s bankruptcy estate with respect to the movant, its successors, transferees and assigns. Movant may enforce its remedies to obtain possession of the property in accordance with applicable law, but may not pursue a deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Appearances waived.
Movant served the debtor with a three-day notice to quit the premises. When the debtor failed to vacate the premises, Movant obtained an unlawful detainer judgment, which was entered on December 5, 2018. Debtor filed the bankruptcy petition on January 14, 2019 in an apparent effort to stay enforcement of the unlawful detainer action. This motion has been filed to proceed with the unlawful detainer action. This action must go forward because the debtor’s right to possess the premises must be determined.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Russell Thornton Pro Se
Movant(s):
Palmer/Boston St. Properties II, A Represented By
Joseph Cruz
Trustee(s):
Heide Kurtz (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Docket 11
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. In this case, the debtor was delinquent 13 installments on the loan secured by the subject property at the time this motion was filed. There is no evidence that debtor or trustee has made or tendered any payments to movant since commencement of the case. This is cause to terminate the stay under 11 U.S.C. § 362(d)(1). Since a chapter 7 case does not contemplate reorganization, the sole issue before the Court when stay relief is sought under 11 U.S.C. § 362(d)(2) is whether the debtor has equity in the property. See e.g., Nev. Nat’l Bank v. Casgul of Nev., Inc. (In re Casgul of Nev., Inc.), 22 B.R. 65, 66 (9th Cir. BAP 1982); Ramco Indus. v. Preuss (In re Preuss), 15 B.R. 896 (9th Cir. BAP 1981). Appearances waived.
The subject real property has a value of $620,000 and is encumbered by a perfected deed of trust or mortgage in favor of the movant. The liens against the property total $678,864. The Court finds there is no equity and there is no evidence that the trustee can administer the subject real property for the benefit of creditors.
10:00 AM
The 14-day period specified in FRBP 4001(a)(3) is waived. All other
relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Brian Allen Vanyo Represented By Louis J Esbin
Joint Debtor(s):
Fabiana Luisa Vanyo Represented By Louis J Esbin
Movant(s):
U.S. Bank National Association, not Represented By
Erin M McCartney
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
ERIK SCHULTZ VS
DEBTOR fr. 1-22-19
Docket 23
None.
Debtor(s):
Marta Schultz Represented By Michael Jay Berger
Movant(s):
Erik Schultz Represented By
Sanaz S Bereliani
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 0
None.
Debtor(s):
Parseph Gogoshian Represented By Aris Artounians
Movant(s):
Parseph Gogoshian Represented By Aris Artounians Aris Artounians
Parseph Gogoshian Represented By Aris Artounians Aris Artounians
Trustee(s):
Nancy K Curry (TR) Pro Se
11:00 AM
[ORAL RULING]
fr 1-29-19
Docket 0
None.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
11:00 AM
Adv#: 2:18-01435 Point.360, a California Corporation v. Medley Capital Corporation et al
[ORAL RULING]
Docket 2
None.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
Defendant(s):
Medley Capital Corporation Pro Se
Medley Opportunity Fund II LP Pro Se
Plaintiff(s):
Point.360, a California Corporation Represented By
Lewis R Landau
10:00 AM
Docket 0
- NONE LISTED -
1:30 PM
U.S.C. §1307(c)
fr. 9-20-17; 11-15-17; 1-31-18; 3-28-18; 4-18-18
6-27-18; 9-12-18; 11-14-18
Docket 60
- NONE LISTED -
Debtor(s):
Inna Dmitriev Represented By Elena Steers
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 12-12-18
Docket 49
- NONE LISTED -
Debtor(s):
Milton David Avalos Represented By Ali R Nader
Nathan A Berneman
Joint Debtor(s):
Ana Daisy Lima Represented By Ali R Nader
Nathan A Berneman
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-14-18
Docket 113
- NONE LISTED -
Debtor(s):
Saul Quirarte Represented By
Luis G Torres
Joint Debtor(s):
Guadalupe Z Quirarte Represented By Juanita V Miller Luis G Torres
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 33
- NONE LISTED -
Debtor(s):
Abraham Christopher Silva Represented By Giovanni Orantes Luis A Solorzano
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-14-18
Docket 57
- NONE LISTED -
Debtor(s):
David Leroy Robertson Represented By
Rabin J Pournazarian
Joint Debtor(s):
Susan Mari Ramirez Represented By
Rabin J Pournazarian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 10-17-18; 12-12-18
Docket 74
- NONE LISTED -
Debtor(s):
William M King Represented By Sundee M Teeple Craig K Streed
Joint Debtor(s):
Hattie King Represented By
Sundee M Teeple Craig K Streed
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-14-18
Docket 84
- NONE LISTED -
Debtor(s):
Lynette Marie Baker Represented By Axel H Richter
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 10-17-18; 12-12-18
Docket 143
- NONE LISTED -
Debtor(s):
Laura Hernandez Represented By Michael F Frank
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-14-18
Docket 53
- NONE LISTED -
Debtor(s):
Juan Almanza Represented By Rebecca Tomilowitz
Joint Debtor(s):
Rosanna Almanza Represented By Rebecca Tomilowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-14-18
Docket 35
- NONE LISTED -
Debtor(s):
Magdalena Martinez Represented By Daniela P Romero
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 10-17-18; 12-12-18
Docket 49
- NONE LISTED -
Debtor(s):
Michael Naef Represented By Sundee M Teeple
Michelle A Marchisotto Craig K Streed
Joint Debtor(s):
Lisa Naef Represented By
Sundee M Teeple Michelle A Marchisotto Craig K Streed
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 12-12-18
Docket 109
- NONE LISTED -
Debtor(s):
Vena Marie Rubalcaba Represented By Matthew D. Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 10-3-18; 11-14-18
Docket 66
- NONE LISTED -
Debtor(s):
Greer Yvonne Davis Represented By
Rabin J Pournazarian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 8-22-17; 10-17-18; 12-12-18
Docket 83
- NONE LISTED -
Debtor(s):
Daniel Rodriguez Represented By Michael E Clark Barry E Borowitz
Joint Debtor(s):
Karina Padilla Represented By Michael E Clark Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 11-14-18
Docket 41
- NONE LISTED -
Debtor(s):
Henry L Jackson Represented By Thomas B Ure
Joint Debtor(s):
Carolyn L Jackson Represented By Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 6-13-18; 8-22-18; 10-17-18; 12-12-18
Docket 59
- NONE LISTED -
Debtor(s):
Louie Jim Pagoulatos Represented By Brad Weil
Joint Debtor(s):
Rosemary Guzman Represented By Brad Weil
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-1-17, 1-10-18, 3-7-18; 5-16-18; 7-11-18; 10-17-18
12-12-18
Docket 39
- NONE LISTED -
Debtor(s):
Garcia Amelia Represented By Michael V Jehdian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3-28-18; 5-30-18; 7-18-18; 10-3-18; 11-14-18
Docket 28
- NONE LISTED -
Debtor(s):
Edwina Harris Represented By Julie J Villalobos
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 12-12-18
Docket 55
- NONE LISTED -
Debtor(s):
Ivis Lenard Byles Represented By
D Justin Harelik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 9-12-18; 11-14-18
Docket 39
- NONE LISTED -
Debtor(s):
Magno Duenas Represented By Rebecca Tomilowitz
Joint Debtor(s):
Elizabeth Duenas Represented By Rebecca Tomilowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 12-12-18
Docket 23
- NONE LISTED -
Debtor(s):
Charles Edward Capers Jr. Represented By Heather J Canning
Joint Debtor(s):
Mary Ann Elizabeth Capers Represented By Heather J Canning
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-14-18
Docket 44
- NONE LISTED -
Debtor(s):
Joseph Jennings Represented By David L Speckman
Joint Debtor(s):
Monalisa E Jennings Represented By David L Speckman
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 8-22-17; 10-17-18; 12-12-18
Docket 31
- NONE LISTED -
Debtor(s):
Claudia Elizabeth Rocha Represented By Heather J Canning Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 8-22-17; 10-17-18; 12-12-18
Docket 64
- NONE LISTED -
Debtor(s):
Michelle Jacildo Mandel Represented By Steven B Lever
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 12-12-18
Docket 30
- NONE LISTED -
Debtor(s):
Grant Steven Workman Represented By
Raj T Wadhwani
Joint Debtor(s):
Mary Elaine Workman Represented By
Raj T Wadhwani
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 10-17-18; 12-12-18
Docket 52
- NONE LISTED -
Debtor(s):
Romel Castrillo Faraon Represented By Stephen S Smyth William J Smyth
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr. 10-3-18; 11-14-18
Docket 44
- NONE LISTED -
Debtor(s):
Shelia Varrie-Gail Nelson-Griggs Represented By
Julie J Villalobos
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 12-12-18
Docket 36
- NONE LISTED -
Debtor(s):
Lorena Maccioni Represented By
Rabin J Pournazarian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 9-12-18; 10-3-18; 12-12-18
Docket 28
- NONE LISTED -
Debtor(s):
Theresa E. Pace Represented By
W. Derek May
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 12-12-18
Docket 20
- NONE LISTED -
Debtor(s):
Constantine Sklavos Represented By Daniel King
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-14-18
Docket 21
- NONE LISTED -
Debtor(s):
Nalonni Nikole Madden Represented By Gregory M Shanfeld
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-14-18
Docket 46
- NONE LISTED -
Debtor(s):
Armando Diaz Represented By Christopher J Langley
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-14-18
Docket 35
- NONE LISTED -
Debtor(s):
Jesus Tecuanhuey Garcia Represented By Todd L Turoci
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-14-18
Docket 43
- NONE LISTED -
Debtor(s):
Gloria Jackson Represented By
Rabin J Pournazarian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 12-12-18
Docket 39
- NONE LISTED -
Debtor(s):
Haile Earnel Williams Represented By Steven A Alpert
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 9-12-18; 10-17-18; 11-14-18
Docket 24
- NONE LISTED -
Debtor(s):
Jose Antonio Herrarte Represented By William G Cort
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 12-12-18
Docket 64
- NONE LISTED -
Debtor(s):
Deborah Sandi Stein Represented By William Huestis
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 12-12-18
Docket 30
- NONE LISTED -
Debtor(s):
Beverly Ann Rodgers Represented By
Raj T Wadhwani
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 9-12-18,11-14-18
Docket 37
- NONE LISTED -
Debtor(s):
Cesar Garza Represented By
Brad Weil
Joint Debtor(s):
Norma Robles Represented By Brad Weil
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 12-12-18
Docket 21
- NONE LISTED -
Debtor(s):
Colleen Annette Dixon Aguirre Represented By Daniel King
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 12-12-18
Docket 40
- NONE LISTED -
Debtor(s):
Larry Thomas Represented By Gregory M Shanfeld
Joint Debtor(s):
Janine Lenett Thomas Represented By Gregory M Shanfeld
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr. 12-12-19
Docket 36
- NONE LISTED -
Debtor(s):
Alba Yanira Flores Represented By Joshua L Sternberg
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 114
- NONE LISTED -
Debtor(s):
Zoila Mercedes Salazar Represented By Jeffrey N Wishman
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 26
- NONE LISTED -
Debtor(s):
Manuel Alejandro Barrios Represented By
D Justin Harelik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 39
- NONE LISTED -
Debtor(s):
Alfredo Gutierrez Represented By Jaime A Cuevas Jr.
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 65
- NONE LISTED -
Debtor(s):
Rene Garcia Represented By
Todd J Roberts
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 61
- NONE LISTED -
Debtor(s):
Reid Jeffrey Osherow Represented By Julie J Villalobos
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 35
- NONE LISTED -
Debtor(s):
Shanda Blackston Represented By Axel H Richter
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 66
- NONE LISTED -
Debtor(s):
Jennifer Penalber Represented By Danelle Lloyd
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 33
- NONE LISTED -
Debtor(s):
Mario Juarez Represented By
Brad Weil
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 71
- NONE LISTED -
Debtor(s):
Arnold Lydell Youngblood Represented By Dana C Bruce Crystal Johnson
Joint Debtor(s):
Sylvia Stacey Gonzales Represented By Dana C Bruce
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 43
- NONE LISTED -
Debtor(s):
George Contreras Lopez Represented By Nicholas M Wajda
Joint Debtor(s):
Deborah Margaret Lopez Represented By Nicholas M Wajda
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 30
- NONE LISTED -
Debtor(s):
Ninfa Carado Isidro Represented By Nicholas M Wajda
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 12-13-17; 2-14-18; 4-18-18; 6-27-18; 9-12-18; 12-12-18
Docket 99
- NONE LISTED -
Debtor(s):
Angela D Walton Represented By Matthew D Resnik
S Renee Sawyer Blume
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments.
fr. 5-24-17, 8-2-17; 9-20-17; 11-15-17; 12-13-17; 2-14-18
4-18-18; 6-27-18; 9-12-18; 12-12-18
Docket 88
- NONE LISTED -
Debtor(s):
Angela D Walton Represented By Matthew D Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 62
- NONE LISTED -
Debtor(s):
Zohrab Wartkes Hairic Represented By Sylvia Lew David A Tilem
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 8-22-17; 10-17-18; 12-12-18
Docket 58
- NONE LISTED -
Debtor(s):
Zohrab Wartkes Hairic Represented By Sylvia Lew David A Tilem
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 95
- NONE LISTED -
Debtor(s):
Andrew Babakhanlou Represented By Matthew D. Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
11 of PBR, LLC
Docket 107
None.
Debtor(s):
Joseph Hoats Represented By
Alan W Forsley
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 13
No opposition was filed.
The debtors' objection to proof of claim ("Claim No. 1") filed with the court’s Claims Register by Cavalry Investment LLC is SUSTAINED. The failure of the creditor to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(h) is considered as consent to the sustaining of the objection. LBR 9013-1(h). Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, the debtor has established a prima facie case for granting the relief requested. Appearances waived.
The objection is sustained. The court disallows Claim No. 1 as the four-year statute of limitations has expired on the account under California Code of Civil Procedure 337. The objecting party shall submit an appropriate order granting the relief requested pursuant to this tentative ruling.
Objection SUSTAINED: standing to collect ON CC DEBT
Debtor(s):
Joy Nadine Smith Represented By
D Justin Harelik
Movant(s):
Joy Nadine Smith Represented By
D Justin Harelik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Stipulation to continue hearing filed 1/31/19
Docket 15
A stipulation to continue the matter was filed in this case. The Court will review the stipulation and enter an order approving the stipulation.
Accordingly, this matter is CONTINUED to March 27, 2019 at 1:30 p.m.
Appearances waived.
Debtor(s):
Elvira Garcia Lobusta Represented By Caroline S Kim
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
Trustee with an Order Directing Payment of Quarterly Fees and for Judgment Thereon
fr. 11-15-18; 12-13-18; 12-13-18, 1-17-19
Michael S Greger to appear by telephone
Docket 14
None.
Debtor(s):
Luis Carlos Flores Represented By Kevin Tang
Joint Debtor(s):
Teresa Flores Represented By
Kevin Tang
10:00 AM
Telephonic Hearing
Michael S Greger to appear by telephone
Docket 51
None.
Debtor(s):
Luis Carlos Flores Represented By Lionel E Giron
Joint Debtor(s):
Teresa Flores Represented By
Lionel E Giron
10:00 AM
Docket 33
None.
Debtor(s):
Expressway Deliveries, Inc. Represented By
J. Bennett Friedman
10:00 AM
fr. 8-16-18; 11-8-18
Docket 15
Debtor(s):
Randal D. Haworth M.D. Inc. Represented By Stella A Havkin
10:00 AM
Docket 121
None.
Debtor(s):
4402 Mammoth Investors, LLC Represented By Mark T Young
Greenberg Glusker
10:00 AM
Andrew Goodman to appear by telephone
Docket 419
None.
Debtor(s):
RPM Harbor Services, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
Movant(s):
Anthony Calero Represented By Andrew Goodman
10:00 AM
Docket 0
An order was entered on January 15, 2019 closing the case on an interim basis. This status conference is taken OFF CALENDAR. Appearances waived.
Debtor(s):
Bernice Morales Represented By
Anthony Obehi Egbase Crystle J Lindsey Edith Walters
Clarissa D Cu Robert Rosvall
10:00 AM
Docket 0
None.
Debtor(s):
Winston O'Mally Represented By Frank J Alvarado
10:00 AM
Docket 0
None.
Debtor(s):
Rafael Ayala Gutierrez Represented By Onyinye N Anyama
10:00 AM
Barry A. Snell as Accountant fr. 1-17-19
Docket 38
None.
Debtor(s):
Robert Gabriel Represented By Onyinye N Anyama
10:00 AM
fr. 11-8-18
Docket 0
None.
Debtor(s):
Robert Gabriel Represented By Onyinye N Anyama
10:00 AM
Docket 56
None.
Debtor(s):
Sumar International, Inc. Represented By Steven R Fox
W. Sloan Youkstetter
10:00 AM
Docket 49
None.
Debtor(s):
Sumar International, Inc. Represented By Steven R Fox
W. Sloan Youkstetter
10:00 AM
[JUDGE SALTZMAN CASE]
Docket 206
None.
Debtor(s):
3600 Ashe, LLC Represented By Dean G Rallis Jr Matthew D Pham
10:00 AM
#14.00 Application to Employ The Fox Law Corporation as Counsel For Debtor-In-Possession
Docket 39
None.
Debtor(s):
Stanley Swain's, Inc. Represented By Steven R Fox
10:00 AM
Rule 2081-1(b) For Order Determining Adequate Assurance Of Payment For Post-Petition Utility Services
fr. 1-11-19
Docket 3
None.
Debtor(s):
Stanley Swain's, Inc. Represented By Steven R Fox
10:00 AM
fr. 1-11-19
Docket 5
None.
Debtor(s):
Stanley Swain's, Inc. Represented By Steven R Fox
10:00 AM
fr. 1-11-19
Docket 7
None.
Debtor(s):
Stanley Swain's, Inc. Represented By Steven R Fox
10:00 AM
Docket 267
None.
Debtor(s):
Cedric Leonardi Represented By Leslie A Cohen
Mark E Goodfriend
11:00 AM
relief from stay [RP]
STONEHAVEN LLC VS
DEBTOR
fr 9-21-18; 11-9-18; 11-16-18; 12-5-18
Docket 30
Debtor(s):
4402 Mammoth Investors, LLC Represented By Mark T Young
Movant(s):
Stonehaven LLC Represented By Michael H Weiss
11:00 AM
Docket 118
- NONE LISTED -
Debtor(s):
4402 Mammoth Investors, LLC Represented By Mark T Young
Greenberg Glusker
10:00 AM
CAPITAL ONE AUTO FINANCE VS
DEBTOR fr. 1-15-19
Docket 46
None.
Debtor(s):
Emmanuel Vargas Represented By Peter L Lago
Movant(s):
Capital One Auto Finance, a division Represented By
Cheryl A Skigin
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
GATEWAY ONE LENDING & FINANCE VS
DEBTOR
Karel Rocha to appear by telephone
Docket 34
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's Jeep Wrangler. The debtor has failed to pay 2 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Enrique A Rivas Perez Represented By
10:00 AM
Movant(s):
Daniel A DeSoto
Gateway One Lending & Finance Represented By
Karel G Rocha
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
CAPITAL ONE AUTO FINANCE VS
DEBTOR
Docket 28
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's Jeep Patriot Utility. The debtor has failed to pay 3 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
William David Moreland Represented By Anthony P Cara
10:00 AM
Movant(s):
Capital One Auto Finance, a division Represented By
Cheryl A Skigin
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
WELLS FARGO BANK, N.A. VS
DEBTOR
fr. 11-27-18; 12-18-18
Cassandra Richey to appear by telephone
Docket 22
The Debtor is participating in the Court's Loan Modification Management Program. The hearing on this Motion is continued to April 2, 2019 at 10:00 a.m. to allow the Debtor and the creditor to proceed with the program. Appearances waived.
Debtor(s):
Samuel Mendez Represented By Barry E Borowitz
Joint Debtor(s):
Veronica Olga Corza Represented By Barry E Borowitz
Movant(s):
Wells Fargo Bank, N.A. Represented By Cassandra J Richey
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
TROJAN CAPITAL INVESTMENTS, LLC VS
DEBTOR
fr 9-18-19, 10-9-18,1-15-19
Docket 34
Debtor(s):
Jose Rivera Represented By
Brad Weil
Joint Debtor(s):
Rita Maria Rivera Represented By Brad Weil
Movant(s):
Trojan Capital Investments, LLC Represented By
Rafael R Garcia-Salgado Richard J Reynolds
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
WELLS FARGO BANK, NA VS
DEBTOR
Megan Lees to appear by telephone
Docket 33
None.
Debtor(s):
Chandra Mohan Roy Represented By Tamar Terzian
Movant(s):
Wells Fargo Bank, NA, as Trustee, Represented By
Robert P Zahradka
Trustee(s):
Nancy K Curry (TR) Represented By Tamar Terzian
10:00 AM
Telephonic Hearing
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Case dismissed 9/24/18
Cassandra Richey to appear by telephone
Docket 20
Debtor's case was dismissed on September 24, 2018; however, because movant has requested (d)(4) the court will retain its jurisdiction to hear the matter under 11 U.S.C. § 362.
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay any post- petition payments. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
10:00 AM
The 14-day period specified in FRBP 4001(a)(3) is waived. Provided
the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11
U.S.C. § 362(d)(4). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Karla Veronia Delgado Pro Se
Movant(s):
U.S. Bank National Association, As Represented By
Cassandra J Richey
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
TANTAMOUNT DEVELOPMENTS VS
DEBTOR
Docket 16
- NONE LISTED -
Debtor(s):
Martina Lopez Represented By Lionel E Giron
Movant(s):
Tantamount Development LLC Represented By Allan D Sarver
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 13
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on January 18, 2018. This motion was filed on January 29, 2018., and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to the creditors listed on pages 11-12 of the Motion at Docket No. 13. Pursuant to the evidence presented, the Court GRANTS the
10:00 AM
relief requested in the motion based upon an apparent change in the personal and financial affairs of the debtor since dismissal of the last case.
Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Concepcion V Figueroa Represented By Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
ROMI E. CASSIADODO VS
DEBTOR
Docket 32
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1). The stay is terminated as to the debtor and the debtor’s bankruptcy estate with respect to the movant, its successors, transferees and assigns. Movant may enforce its remedies to obtain possession of the property in accordance with applicable law, but may not pursue a deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. §
501. Appearances waived.
Movant served the debtor with a three-day notice to quit the premises on August 13,2018. When the debtor failed to vacate the premises, an unlawful detainer action was filed and served on August 21, 2018. Debtor filed the bankruptcy petition on November 14, 2018 in an apparent effort to stay commencement of the unlawful detainer action. This motion has been filed to proceed with the unlawful detainer action. This action must go forward because the debtor’s right to possess the premises must be determined.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Rodolfo Silva Pro Se
Joint Debtor(s):
Araly Silva-Martinez Pro Se
Movant(s):
Romi E. Cassiadoro Represented By Barry L O'Connor
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:00 PM
Adv#: 2:18-01101 Cash4Cases, Inc. v. Hoats
fr. 6-26-18; 7-3-18, 10-9-18
Docket 1
None.
Debtor(s):
Joseph Hoats Represented By
Joseph M Hoats
Defendant(s):
Joseph M Hoats Pro Se
Plaintiff(s):
Cash4Cases, Inc. Represented By David Brian Lally
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01435 Point.360, a California Corporation v. Medley Capital Corporation et al
Docket 1
- NONE LISTED -
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
Defendant(s):
Medley Capital Corporation Pro Se
Medley Opportunity Fund II LP Pro Se
Plaintiff(s):
Point.360, a California Corporation Represented By
Lewis R Landau
2:00 PM
Adv#: 2:18-01448 FRESNO SKILLED NURSING & WELLNESS CENTRE, LLC v.
Docket 1
- NONE LISTED -
Defendant(s):
NATIONAL UNION FIRE Represented By Paul B La Scala
Plaintiff(s):
FRESNO SKILLED NURSING & Represented By
David R Ginsburg
2:00 PM
Adv#: 2:18-01448 FRESNO SKILLED NURSING & WELLNESS CENTRE, LLC v.
RE: [11] Motion for Remand
Docket 11
- NONE LISTED -
Defendant(s):
NATIONAL UNION FIRE Represented By Paul B La Scala
Plaintiff(s):
FRESNO SKILLED NURSING & Represented By
David R Ginsburg
2:00 PM
Adv#: 2:18-01448 FRESNO SKILLED NURSING & WELLNESS CENTRE, LLC v.
RE: [4] Motion to Change Venue/Inter-district Transfer Adversary and Notice Thereof
Stipulation to continue hearing filed 1/25/19
Docket 4
- NONE LISTED -
Defendant(s):
NATIONAL UNION FIRE Represented By Paul B La Scala
Plaintiff(s):
FRESNO SKILLED NURSING & Pro Se
2:00 PM
Adv#: 2:18-01449 HIGHLAND PARK SKILLED NURSING & WELLNESS CENTRE, L v.
RE: [1] Notice of Removal by HIGHLAND PARK SKILLED NURSING & WELLNESS CENTRE, LLC. Leslie)
Docket 1
- NONE LISTED -
Defendant(s):
NATIONAL UNION FIRE Represented By Paul B La Scala
Plaintiff(s):
HIGHLAND PARK SKILLED Represented By David R Ginsburg
2:00 PM
Adv#: 2:18-01449 HIGHLAND PARK SKILLED NURSING & WELLNESS CENTRE, L v.
Docket 11
- NONE LISTED -
Defendant(s):
NATIONAL UNION FIRE Represented By Paul B La Scala
Plaintiff(s):
HIGHLAND PARK SKILLED Represented By David R Ginsburg
2:00 PM
Adv#: 2:18-01449 HIGHLAND PARK SKILLED NURSING & WELLNESS CENTRE, L v.
Docket 4
- NONE LISTED -
Defendant(s):
NATIONAL UNION FIRE Represented By Paul B La Scala
Plaintiff(s):
HIGHLAND PARK SKILLED Represented By David R Ginsburg
10:00 AM
fr. 9-20-18
Docket 23
Debtor(s):
James Anthony Startz Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
10:00 AM
Telephonic Hearing
CONSUMER PORTFOLIO SERVICES, INC VS
DEBTOR fr. 1-15-19
Erin McCartney to appear by telephone
Docket 33
None.
Debtor(s):
Hector Edward Arciniega Represented By Nicholas M Wajda
Joint Debtor(s):
Melinda Ann Arciniega Represented By Nicholas M Wajda
Movant(s):
Consumer Portfolio Services, Inc. Represented By
Erin M McCartney
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
HARLEY-DAVIDSON CREDIT CORP. VS
DEBTOR fr 1-29-19
Docket 27
Debtor(s):
Ralaina Vonette Potts Represented By John Asuncion
Movant(s):
Harley-Davidson Credit Corp. Represented By Darren J Devlin
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
ACAR LEASING LTD dba GM FINANCIAL LEASING
VS DEBTOR
John H Kim to appear by telephone
Docket 36
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is the lessor debtor's Chevrolet Volt. On November 28, 2018, the lease matured. This is "cause" to terminate the stay under 11
U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
Debtor(s):
Alan M Brawer Represented By Jeffrey B Smith
Joint Debtor(s):
Ilyse Brawer Represented By
10:00 AM
Movant(s):
Jeffrey B Smith
ACAR Leasing LTD dba GM Represented By Jennifer H Wang
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
HYUNDAI LEASE TITLING TRUST VS
DEBTOR
John H Kim to appear by telephone
Docket 17
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is the lessor debtor's Kia Optima. On August 14, 2018, the lease terminated when the debtor surrendered the vehicle to movant. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The motion is DENIED as moot. The Kia Optima did not become property of the bankruptcy estate on the petition date, subject to the automatic stay under 11 U.S.C. § 362, because the debtor's interest in the Kia terminated prepetiton.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Sandra Navas Represented By Devin Sawdayi
Movant(s):
Hyundai Lease Titling Trust Represented By Jennifer H Wang
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
CONSUMER PORTFOLIO SERVICES, INC VS
DEBTOR
Erin McCartney to appear by telephone
Docket 13
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's Honda Accord. The debtor has failed to pay 2 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Raul Gil Orozco Represented By Daniel King
10:00 AM
Movant(s):
Consumer Portfolio Services, Inc. Represented By
Erin M McCartney
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
fr 12-18-18; 1-15-19
Docket 30
None.
Debtor(s):
Mark Anthony Reyes Represented By Gary Leibowitz
Jacqueline D Serrao
Movant(s):
U.S. Bank National Association, not Represented By
Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DEUTSCHE BANK NATIONAL TRUST COMPANY
VS DEBTOR
fr 12-18-18, 1-15-19
Stipulation for adequate protection filed 2/18/19
Docket 43
Debtor(s):
Karla Aidee Castro Represented By William G Cort
Movant(s):
Deutsche Bank National Trust Represented By Tyneia Merritt
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
LAKEVIEW LOAN SERVICING, LLC VS
DEBTOR
fr. 11-27-18; 1-22-19
Nathan F Smith to appear by telephone
Docket 29
None.
Debtor(s):
Lydia M Torres Represented By Barry E Borowitz
Movant(s):
Lakeview Loan Servicing, LLC Represented By Christina J O
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
BAYVIEW LOAN SERVICING, LLC VS
DEBTOR
Erin McCartney to appear by telephone
Docket 25
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the subject property. The debtor has failed to pay 25 post- petition payments. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed
10:00 AM
circumstances or for good cause shown, after notice and a hearing. 11
U.S.C. § 362(d)(4). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Marco Antonio Delgado Represented By Luis G Torres
Joint Debtor(s):
Ana Cristina Delgado Represented By Luis G Torres
Movant(s):
Bayview Loan Servicing, LLC, as Represented By
Erin M McCartney
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION VS
DEBTOR
Nathan F Smith to appear by telephone
Docket 66
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 4 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). Movant, or its agents, may, at its option, offer, provide and enter into a potential forebearance agreement, loan modification, refinance agreement or other loan workout or loss mitigation agreement. Movant, through its servicing agent, may contact the Debtor by telephone or written correspondence to offer such an agreement. Any such agreement shall be nonrecourse unless stated in a reaffirmation agreement. All other relief is denied.
10:00 AM
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Luis Humberto Parada Represented By Jaime A Cuevas Jr.
Movant(s):
JPMorgan Chase Bank, National Represented By
Christina J O Brice K Nakamura
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NA VS
DEBTOR
Docket 34
Debtor(s):
Cad DeVaughn Represented By Mark T Young
Movant(s):
U.S. Bank NA, successor trustee to Represented By
Robert P Zahradka
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Docket 37
Debtor(s):
Louie Jose Quintanar Represented By William G Cort
Movant(s):
U.S. Bank National Association, as Represented By
Robert P Zahradka
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK, N.A. VS
DEBTOR
Docket 30
On February 19, 2019, The Court entered an order dismissing the case. Movant failed to state facts that support in rem relief. For these reasons the motion is DENIED as moot.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Bertha Elena Castillo Represented By Michael Avanesian
Movant(s):
Wells Fargo Bank, N.A., as trustee, Represented By
Gilbert R Yabes
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
BAYVIEW LOAN SERVICING, LLC VS
DEBTOR
Docket 36
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the subject property. The debtor has failed to pay any post- petition payments. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11
U.S.C. § 362(d)(4). All other relief is denied.
10:00 AM
The movant shall upload an appropriate order via the Court’s LOU
system.
Debtor(s):
Ricardo Cruz Represented By
Matthew D. Resnik
Movant(s):
BAYVIEW LOAN SERVICING, Represented By
Edward G Schloss
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
PS FUNDING, INC.
VS
DEBTOR
Martin W Phillips to appear by telephone
Docket 10
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay any post- petition payments. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11
10:00 AM
U.S.C. § 362(d)(4). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Clayton Bernard Reed Pro Se
Movant(s):
PS Funding, Inc. Represented By Martin W. Phillips
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 10
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on January 29, 2019. This motion was filed on January 31, 2019, an amended notice was filed on February 4, 2019, noticing a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to the creditors listed on page 3-4 of the notice at Docket
10:00 AM
No. 14. Pursuant to the evidence presented, the Court GRANTS the relief requested in the motion based upon an apparent change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Ramona O. Miranda Represented By John Habashy
Movant(s):
Ramona O. Miranda Represented By John Habashy
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
INVICTUS RESIDENTIAL POOLER TRUST 1A VS
DEBTOR
Martin W Phillips to appear by telephone
Docket 37
On February 19, 2019, The Court entered an order dismissing the case. As a result motion is DENIED as moot.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
LION SOLAR, LLC Represented By Michael H Weiss
Movant(s):
Invictus Residential Pooler Trust 1A Represented By
Martin W. Phillips
10:00 AM
Telephonic Hearing
HONDA LEASE TRUST VS
DEBTOR
Vincent Frounjian to appear by telephone
Docket 94
Debtor filed a notice of nonopposition.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is the lessor debtor's 2015 Honda Civic. On September 11, 2018, the lease matured and debtor subsequently surrendered the vehicle to movant. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1) and (d)(2). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Ameriquest Security Service Represented By Michael Jay Berger
10:00 AM
Movant(s):
HONDA LEASE TRUST Represented By Vincent V Frounjian
10:00 AM
HONDA LEASE TRUST VS
DEBTOR
Docket 96
Debtor filed a notice of nonopposition.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is the lessor debtor's 2013 Honda Civic. On October 13, 2016, the lease matured and debtor subsequently surrendered the vehicle to movant. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1) and (d)(2). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Ameriquest Security Service Represented By Michael Jay Berger
Movant(s):
HONDA LEASE TRUST Represented By
10:00 AM
Vincent V Frounjian
2:00 PM
Adv#: 2:17-01511 Acevedo et al v. Cruz
Docket 0
None.
Debtor(s):
Eddy J Cruz Represented By
Edwing F Keller
Defendant(s):
Eddy J Cruz Represented By
Ghada Helena Philips
Plaintiff(s):
Rosa Acevedo Pro Se
Jaime Avila Pro Se
Carlos Enriquez Pro Se
America Hernandez Pro Se
Patricia Hernandez Pro Se
Maria Guadalupe Ramos Pro Se
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Adv#: 2:17-01511 Acevedo et al v. Cruz
fr. 1-09-18; 3-6-18; 4-3-18; 6-26-18, 8-14-18; 11-6-18
1-15-19
Docket 1
None.
Debtor(s):
Eddy J Cruz Represented By
Edwing F Keller
Defendant(s):
Eddy J Cruz Pro Se
Plaintiff(s):
Rosa Acevedo Represented By David Brian Lally
Jaime Avila Represented By
David Brian Lally
Carlos Enriquez Represented By David Brian Lally
America Hernandez Represented By David Brian Lally
2:00 PM
Patricia Hernandez Represented By David Brian Lally
Maria Guadalupe Ramos Represented By David Brian Lally
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Adv#: 2:18-01247
Anyadike v. BANK OF NEW YORK MELLON et al Telephonic Hearing
Timothy Schneider to appear by telephone
Docket 25
None.
Debtor(s):
Charles Olisekeni Anyadike Represented By
Anthony Obehi Egbase Onyinye N Anyama
Defendant(s):
BANK OF NEW YORK MELLON Represented By
Robert W Norman Jr
BAYVIEW LOAN SERVICING, Represented By
Robert W Norman Jr
Bank of America, N.A Represented By Adam N Barasch
Ditech Financial Represented By Christopher O Rivas
DOES 1 through 10, inclusive Pro Se
Plaintiff(s):
Charles Olisekeni Anyadike Represented By
Anthony Obehi Egbase
2:00 PM
Adv#: 2:18-01247
Anyadike v. BANK OF NEW YORK MELLON et al Telephonic Hearing
declaratory relief regarding The Bindingness of confirmed Chapter 11 Plan
injunctive or other equitable relief
fr 10-2-18; 11-6-18; 12-18-18; 1-22-19
Timothy Schneider to appear by telephone
Docket 1
None.
Debtor(s):
Charles Olisekeni Anyadike Represented By
Anthony Obehi Egbase Onyinye N Anyama
Defendant(s):
BANK OF NEW YORK MELLON Pro Se BAYVIEW LOAN SERVICING, Pro Se
Bank of America, N.A Pro Se
Ditech Financial Pro Se
DOES 1 through 10, inclusive Pro Se
Plaintiff(s):
Charles Olisekeni Anyadike Represented By
Anthony Obehi Egbase
2:00 PM
2:00 PM
Adv#: 2:18-01341
Avery v. Posada et al
Telephonic Hearing
Vanessa Haberbush to appear by telephone
Docket 6
None.
Debtor(s):
Luis Posada Represented By
Raymond Perez
Defendant(s):
Luis Posada Pro Se
Evangelina Posada Pro Se
ARCADIO POSADA Represented By
Vanessa M Haberbush
Anita Posada Represented By
Vanessa M Haberbush
Plaintiff(s):
Wesley H. Avery Represented By Gennady L Lebedev
2:00 PM
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
Adv#: 2:18-01249 Harmandjian v. Massei et al
Docket 14
None.
Debtor(s):
Steven Massei Represented By
Andrew Edward Smyth Stephen S Smyth
Defendant(s):
Steven Massei Represented By
Andrew Edward Smyth
Martha Massei Represented By
Andrew Edward Smyth
Joint Debtor(s):
Martha Massei Represented By
Andrew Edward Smyth Stephen S Smyth
Plaintiff(s):
Liana Harmandjian Represented By
Raffy M Boulgourjian
Trustee(s):
Sam S Leslie (TR) Pro Se
2:00 PM
Adv#: 2:18-01256
Katz v. R & R Management, LLC et al
Telephonic Hearing
James Selth to appear by telephone
Docket 17
- NONE LISTED -
Debtor(s):
Little Saigon Supermarket, LLC Represented By Elaine Nguyen Daniel J Weintraub
Amelia Puertas-Samara Nina Z Javan
Defendant(s):
R & R Management, LLC Represented By Ian Landsberg
James Hung Nguyen Represented By Timothy F Umbreit Thomas K Emmitt
Biogreen Unlimited, Inc Represented By Timothy F Umbreit Thomas K Emmitt
2:00 PM
Movant(s):
Jasmine Nguyen Represented By Ian Landsberg
Timothy F Umbreit Thomas K Emmitt
James Hung Nguyen Represented By Timothy F Umbreit Thomas K Emmitt
Biogreen Unlimited, Inc Represented By Timothy F Umbreit Thomas K Emmitt
Plaintiff(s):
Ira Benjamin Katz Represented By James R Selth
2:00 PM
Adv#: 2:18-01256
Katz v. R & R Management, LLC et al
Telephonic Hearing
contribution by R & R Management, LLC against Jasmine Nguyen, Peter Tri Nguyen, Richard Chhor
fr. 1-22-19
James Selth to appear by telephone
Docket 6
The status hearing of this cross-cromplaint is CONTINUED to
February 26, 2019 at 2:00 p.m. Appearances waived.
Debtor(s):
Little Saigon Supermarket, LLC Represented By Elaine Nguyen Daniel J Weintraub
Amelia Puertas-Samara Nina Z Javan
Defendant(s):
R & R Management, LLC Represented By Ian Landsberg
Plaintiff(s):
Ira Benjamin Katz Represented By James R Selth
2:00 PM
Adv#: 2:18-01256
Katz v. R & R Management, LLC
Telephonic Hearing
fr. 10-9-18; 11-27-18, 1-29-19
James Selth to appear by telephone
Docket 1
None.
Debtor(s):
Little Saigon Supermarket, LLC Represented By Elaine Nguyen Daniel J Weintraub
Amelia Puertas-Samara Nina Z Javan
Defendant(s):
R & R Management, LLC Pro Se
Plaintiff(s):
Ira Benjamin Katz Represented By James R Selth
2:00 PM
Adv#: 2:18-01281
Katz v. Nguyen et al
Telephonic Hearing
avoidance of fraudulent transfers pursuant to 11 U.S.C. Section 544 and 548
recovery of fraudulent transfers pursuant to 11 U.S.C. Section 550
objection to proof of claim
disallowance of claim pursuant to 11 U.S.C. Section 502(d) and (j)
fr 11-6-18; 11-27-18, 1-29-19
James Selth to appear by telephone
Docket 1
None.
Debtor(s):
Little Saigon Supermarket, LLC Represented By Elaine Nguyen Daniel J Weintraub
Amelia Puertas-Samara Nina Z Javan
Defendant(s):
Jasmine Hoa Nguyen Pro Se
Biogreen Unlimited, Inc. Pro Se
2:00 PM
Plaintiff(s):
Ira Benjamin Katz Represented By James R Selth
2:00 PM
Adv#: 2:18-01300 Playhut, Inc. v. EBF Partners, LLC dba Everest Business Funding
Avoidance and Recovery of Preferential Transfers
Avoidance and Recovery of Constructive Fraudulent Transfers; and
Disallowing Claims fr 11-27-18; 1-22-19
Stipulation to continue hearing filed 2/12/19
Docket 4
A stipulation to continue the status conference was filed in this case.
The Court will review the stipulation and enter an order approving the stipulation. Accordingly, this matter is CONTINUED to April 23, 2019 at 2:00
p.m. Appearances waived.
Debtor(s):
PH DIP, Inc Represented By
Robert P Goe Stephen Reider
Defendant(s):
EBF Partners, LLC dba Everest Represented By
Lei Lei Wang Ekvall
Plaintiff(s):
Playhut, Inc. Represented By
Robert P Goe
2:00 PM
Adv#: 2:18-01298 Preferred Bank v. EBF Partners, LLC et al
declaratory judgment regarding the validity, priority and extent of Preferred Bank's lien in debtor's accounts receivable and proceeds thereof;
for determination that purported junior lienholders' claims are unsecured under 11 USC Section 506(d)
fr 11-27-18, 1-22-19
Stipulation to continue hearing filed 2/12/19
Docket 1
A stipulation to extend deadlines and continue the status conference was filed in this case. The Court will review the stipulation and enter an order approving the stipulation. Accordingly, this matter is CONTINUED to April 23, 2019 at 2:00 p.m. Appearances waived.
Debtor(s):
Playhut, Inc. Represented By
Robert P Goe Stephen Reider
Defendant(s):
EBF Partners, LLC Pro Se
Yellowstone Capital West LLC Pro Se
2:00 PM
Citi Capital LLC Pro Se
1 West Capital LLC Pro Se
Plaintiff(s):
Preferred Bank Represented By Gerrick Warrington Michael G Fletcher
2:00 PM
Adv#: 2:18-01310 Crescent Associates LLC v. Dror
Docket 26
None.
Debtor(s):
Crescent Associates, LLC. Represented By Robert M Yaspan
Defendant(s):
Eyal Ben Dror Represented By Michael P Rubin
Plaintiff(s):
Crescent Associates LLC Represented By Robert M Yaspan
2:00 PM
Adv#: 2:18-01310 Crescent Associates LLC v. Dror
Docket 16
None.
Debtor(s):
Crescent Associates, LLC. Represented By Robert M Yaspan
Defendant(s):
Eyal Ben Dror Represented By Michael P Rubin
Movant(s):
Crescent Associates LLC Represented By Robert M Yaspan
Plaintiff(s):
Crescent Associates LLC Represented By Robert M Yaspan
2:00 PM
Adv#: 2:18-01310 Crescent Associates LLC v. Dror
Docket 1
None.
Debtor(s):
Crescent Associates, LLC. Represented By Robert M Yaspan
Defendant(s):
Eyal Ben Dror Pro Se
Plaintiff(s):
Crescent Associates LLC Represented By Robert M Yaspan
10:00 AM
Docket 0
- NONE LISTED -
1:30 PM
fr 12-12-18; 2-6-19
Docket 39
- NONE LISTED -
Debtor(s):
Haile Earnel Williams Represented By Steven A Alpert
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-1-17, 1-10-18, 3-7-18; 5-16-18; 7-11-18; 10-17-18
12-12-18; 2-6-19
Docket 39
- NONE LISTED -
Debtor(s):
Garcia Amelia Represented By Michael V Jehdian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 1-16-19
Docket 24
- NONE LISTED -
Debtor(s):
Roselyn Diane Ibanez Represented By
Hale Andrew Antico
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 7-11-18; 9-12-18; 11-7-18; 1-16-19
Docket 45
- NONE LISTED -
Debtor(s):
Lisa Marie Battiest Represented By William G Cort
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-7-18; 1-16-19
Docket 30
- NONE LISTED -
Debtor(s):
Regina Gale Willis Represented By Jacqueline D Serrao
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 9-12-18; 11-7-18; 1-30-19
Docket 31
- NONE LISTED -
Debtor(s):
Jennifer Goodie Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 7-18-18; 10-3-18; 12-12-18
Docket 44
- NONE LISTED -
Debtor(s):
Gloria L Leonard Represented By Leon D Bayer
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 9-12-18, 11-7-18, 1-16-19
Docket 36
- NONE LISTED -
Debtor(s):
Leobardo Alaniz Represented By Luis G Torres
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
[11 U.S.C. § 1307(c)(6)] fr 1-16-19
Docket 64
None.
Debtor(s):
Mario G. Cardona Represented By Jaenam J Coe
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 1-16-19
Docket 49
- NONE LISTED -
Debtor(s):
James David Moore Represented By Matthew D. Resnik
Joint Debtor(s):
Bonita L. Moore Represented By Matthew D. Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 71
- NONE LISTED -
Debtor(s):
Jeronimo Gilbert Casas Represented By Ursula G Barrios
Joint Debtor(s):
Laura Anne Casas Represented By Ursula G Barrios
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 90
- NONE LISTED -
Debtor(s):
Daniel Rivera Represented By Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 59
- NONE LISTED -
Debtor(s):
James Willard White Represented By Sam Benevento
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 56
- NONE LISTED -
Debtor(s):
James Willard White Represented By Sam Benevento
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 43
- NONE LISTED -
Debtor(s):
Mario Arellano Represented By Rebecca Tomilowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 22
- NONE LISTED -
Debtor(s):
Edward F. Urquidi Represented By Cynthia Grande
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 49
- NONE LISTED -
Debtor(s):
Doreen Cabral Represented By Yelena Gurevich
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 78
- NONE LISTED -
Debtor(s):
Gloria Martinez Represented By William J Smyth
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 49
- NONE LISTED -
Debtor(s):
Edna A Rivera Represented By Todd L Turoci
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 21
- NONE LISTED -
Debtor(s):
Charles Niles Jr. Represented By
David Samuel Shevitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 23
- NONE LISTED -
Debtor(s):
Mike Azarya Seliktar Represented By Daniel King
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 41
- NONE LISTED -
Debtor(s):
Esther Sepulveda Castaneda Represented By Jaime A Cuevas Jr.
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 33
- NONE LISTED -
Debtor(s):
Mark Anthony Reyes Represented By Gary Leibowitz
Jacqueline D Serrao
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 125
- NONE LISTED -
Debtor(s):
Erin Baldwin Represented By
Matthew D. Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 35
- NONE LISTED -
Debtor(s):
Charles Allen Contreras Represented By Joshua L Sternberg
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 32
- NONE LISTED -
Debtor(s):
Stanley Heyward Wilson Represented By
Raj T Wadhwani
Joint Debtor(s):
Sharie Mary Wilson Represented By
Raj T Wadhwani
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 35
- NONE LISTED -
Debtor(s):
Thomas Vicente Tovar Represented By Jacqueline D Serrao
Joint Debtor(s):
Carey Peter Cronin Represented By Jacqueline D Serrao
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 38
- NONE LISTED -
Debtor(s):
Lydia M Torres Represented By Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 34
- NONE LISTED -
Debtor(s):
Paula Louise Walton Represented By
Richard L. Sturdevant
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 35
- NONE LISTED -
Debtor(s):
Manuel J. Leon Jr. Represented By Jacqueline D Serrao
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 46
- NONE LISTED -
Debtor(s):
Nikita K. Knowles Represented By Jaime A Cuevas Jr.
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 33
- NONE LISTED -
Debtor(s):
Juana Maria Del Aguila De Conejo Represented By
Bryn C Deb
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 32
- NONE LISTED -
Debtor(s):
Mario Ruiz Valdivia Represented By John Asuncion
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 36
- NONE LISTED -
Debtor(s):
Christel A Beattie Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 36
- NONE LISTED -
Debtor(s):
Consuelo C Chavira Represented By
W. Derek May
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 21
- NONE LISTED -
Debtor(s):
MATTHEW JOHN RASDEL Represented By
Raj T Wadhwani
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 32
- NONE LISTED -
Debtor(s):
Gabriel Salazar Represented By Rebecca Tomilowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 21
- NONE LISTED -
Debtor(s):
Zully Odette Reinschmidt Represented By Nicholas M Wajda
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 26
- NONE LISTED -
Debtor(s):
Erik G Fine Represented By
Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 9-12-18; 11-7-18; 1-30-19
Docket 23
- NONE LISTED -
Debtor(s):
Erik G Fine Represented By
Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 43
- NONE LISTED -
Debtor(s):
Haile Earnel Williams Represented By Steven A Alpert
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 31
None.
Debtor(s):
Kenneth Sears Howard Represented By Matthew D. Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
11 of PBR, LLC fr 2-6-19
Docket 107
This matter is CONTINUED to March 13, 2019 at 1:30 p.m.
Appearances waived.
Debtor(s):
Joseph Hoats Represented By
Alan W Forsley
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 37
No opposition was filed.
This objection to the proof of claim of 1 has been set for hearing on at least 30 days notice to the claimant as required by FRBP 3007 and LBR 3007-1. The failure of the claimant to file written opposition at least 14 days prior to the hearing as required by LBR 3007-1(b)(6) is considered as consent to the sustaining of the objection. See LBR 9013-1(h). Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. The claimant's default is entered and the matter will be resolved without oral argument. LBR 9013-1(j) (3). Appearances waived.
A proof of claim filed in accordance with the Federal Rules of Bankruptcy Procedure constitutes prima facie evidence of the validity and the amount of the claim, and such claim is deemed allowed unless a party in interest objects. Rule 3001(f); 11 U.S.C. § 502(a) (2012). Upon objection, a proof of claim provides "some evidence as to its validity and amount" and is "strong enough to carry over a mere formal objection without more." See Lundell v. Anchor Constr. Spec., Inc., 223 F.3d 1035, 1039 (9th Cir. 2000)
(citing In re Holm, 931 F.2d 620, 623 (9th Cir. 1991)).
An objecting party bears the burden of presenting evidence that is sufficient to overcome the presumptive validity of the claim and must "show facts tending to defeat the claim by probative force equal to that of the allegations of the proofs of claim themselves." Holm, 931 F.2d at 623. When the objector has shown enough evidence to negate one or more facts in the proof of claim, the burden shifts back to the claimant to prove the validity of
1:30 PM
the claim by a preponderance of the evidence. See Lundell, 223 F.3d at 1039 (quoting In re Consol. Pioneer Mort., 178 B.R. 222, 226 (9th Cir. BAP 1995)) (emphasis added).
Here, the debtor has presented facts that negate the validity of the claim, shifting the burden of proof back to the claimant. The claimant filed no response to the debtor's objection. As a result, the claimant has failed to satisfy standard for prima facia validity.
The objection is sustained. The objecting party shall submit an appropriate order granting the relief requested in the objection.
Appearances waived.
Debtor(s):
Brian G Newton Represented By Matthew D. Resnik
Movant(s):
Brian G Newton Represented By Matthew D. Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 19
No opposition was filed.
The debtors' objection to proof of claim ("Claim No. 4") filed with the court’s Claims Register by Santander Consumer USA is SUSTAINED. The failure of the creditor to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(h) is considered as consent to the sustaining of the objection. LBR 9013-1(h). Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, the debtor has established a prima facie case for granting the relief requested. Appearances waived.
The objection is sustained. The court disallows Claim No. 4 as the four-year statute of limitations has expired on the account under California Code of Civil Procedure 337. The objecting party shall submit an appropriate order granting the relief requested pursuant to this tentative ruling.
Debtor(s):
Belita L. Barrett Represented By
Rabin J Pournazarian
Movant(s):
Belita L. Barrett Represented By
Rabin J Pournazarian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 37
No opposition was filed.
The debtors' objection to proof of claim ("Claim No. 1") filed with the court’s Claims Register by Cavalry SPV I, LLC is SUSTAINED. The failure of the creditor to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(h) is considered as consent to the sustaining of the objection. LBR 9013-1(h). Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir.
1995). Further, the debtor has established a prima facie case for granting the relief requested. Appearances waived.
The objection is sustained. The court disallows Claim No. 1 as the four-year statute of limitations has expired on the account under California Code of Civil Procedure 337. The objecting party shall submit an appropriate order granting the relief requested pursuant to this tentative ruling.
Debtor(s):
Carlos Betancourt Represented By Jaime A Cuevas Jr.
Joint Debtor(s):
Gloria Betancourt Represented By Jaime A Cuevas Jr.
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 12-12-18; 1-30-19
Docket 17
None.
Debtor(s):
Inocente Benitez Pacheco Represented By William G Cort
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Wells Fargo Dealer Services
fr. 1-30-19
Docket 26
Debtors seek to value debtors' PERSONAL PROPERTY, a 2008 Chevrolet Tahoe, at a fair market value of $8,470. The subject property is secured by an interest held by Wells Fargo Auto, securing a loan with a balance as of the petition date of approximately $11,573.16 (Claim # 15-1). The valuation motion is supported by evidence as to the value of the subject property. The content of the notice meets the due process requirement that it be "reasonably calculated, under all of the circumstances, to apprise interested parties of the pendency of the action and to afford them the opportunity to present their objections." Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 314 (1950). No opposition was filed. Therefore, Wells Fargo Auto's claim is only partially secured by a deed of trust lien.
The debtors' motion is GRANTED. Wells Fargo Auto's claim will be allowed as a secured claim only in the amount of $8,470. 11 U.S.C. § 506(a). As a result, the chapter 13 plan must provide for full payment of the secured portion of the claim over the life of the plan and pay the unsecured portion of the lien with other unsecured claims. 11 U.S.C. §1325(a)(5)(B); see In re Enewally, 368 F.3d 1165, 1171-1172 (9th Cir. 2004), cert. den. 543 U.S.
1021, 125 S.Ct. 669 (2004).
Pursuant to LBR 9021-1(b)(1)(B), debtors must serve and lodge a proposed order via LOU within 7 days of the hearing.
Debtor(s):
Edgar Avila Represented By
Michael Jones
1:30 PM
Sara Tidd
Joint Debtor(s):
Maria Guadalupe Avila Represented By Michael Jones Sara Tidd
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 51
Debtor seeks to value debtor’s residence at a fair market value of
$425,000 as of July 12, 2018. The subject property is encumbered by a first deed of trust lien held by U.S. Bank, securing a loan with a balance as of the petition date of approximately $434,884.55 and a second deed of trust held by Real Time Resolutions, Inc., securing a loan with a balance as of the petition date of approximately $207,256.13. The valuation motion is supported by evidence as to the value of the subject property. The content of the notice meets the due process requirement that it be "reasonably calculated, under all of the circumstances, to apprise interested parties of the pendency of the action and to afford them the opportunity to present their objections." Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 314 (1950). No opposition was filed. Therefore, Real Time Resolutions, Inc.’s claim secured by a junior deed of trust lien is completely under-collateralized.
The debtor’s motion is GRANTED. The claim of the junior lienholder is to be treated as an unsecured claim and to be paid through the plan pro rata with all other unsecured claims. The beneficiary of the trust deed encumbered by the junior lien will retain its lien against the subject property to the extent recognized by applicable nonbankruptcy law unless and until the debtor fully performs under the chapter 13 plan and the debtor receives a discharge pursuant to 11 U.S.C. § 1328. Upon the completion of all payments under the chapter 13 plan and upon entry of a discharge pursuant to 11 U.S.C. § 1328 in this case, the junior lien arising from the deed of trust against the subject property will be void and will not constitute an encumbrance on the subject property.
Pursuant to LBR 9021-1(b)(1)(B), debtors must serve and lodge a proposed order via LOU within 7 days of the hearing. Appearances waived.
1:30 PM
Debtor(s):
Joyce Annette Aguebor Represented By Philomena N Nzegge
Movant(s):
Joyce Annette Aguebor Represented By Philomena N Nzegge
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Stipulation re Motion to value claim filed 2/22/19
Docket 46
None.
Debtor(s):
Eyiko Eleen Abarca Represented By
R Grace Rodriguez
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
fr. 9-20-18, 2-14-19
Docket 23
Debtor has not filed a status report. The court notes that Debtor's counsel withdrew from representationof the Debtor by order entered on February 1, 2019. February 1 was also the date by which the Debtor was required to file a plan and disclosure statement. No plan or disclosure statement have been filed. The Debtor is to address whether he intends to proceed with the case and why a plan and disclosure statement were not filed.
Debtor(s):
James Anthony Startz Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
10:00 AM
Docket 39
- NONE LISTED -
Debtor(s):
LION SOLAR, LLC Represented By Michael H Weiss
10:00 AM
fr.1-17-19
Docket 55
None.
Debtor(s):
Sergio Cayetano Montero Represented By Onyinye N Anyama
10:00 AM
Docket 0
A final decree was entered in this case. This status conference is OFF CALENDAR.
Debtor(s):
Even St. Productions Ltd. Represented By David L. Neale
Krikor J Meshefejian Maryann R Marzano Loeb & Loeb
Krikor J Meshefejian
10:00 AM
Docket 120
None.
Debtor(s):
Fariborz Rafael Represented By Vahe Khojayan
10:00 AM
Docket 419
Debtor(s):
RPM Harbor Services, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
Movant(s):
Anthony Calero Represented By Andrew Goodman
10:00 AM
Docket 259
No opposition was filed.
A party to a chapter 11 may seek the case’s dismissal or conversion to chapter 7 by establishing "cause." 11 U.S.C. § 1112(b)(1). One statutory definition of cause is a "material default…with respect to a confirmed plan." 11 U.S.C. § 1112(b)(4)(N). The confirmed plan required the debtor to satisfy the movant’s claim in full by April of 2016. The debtor materially defaulted on his obligation under the plan when he failed to do so. These facts meet the standard for relief.
The court must determine whether conversion or dismissal is in the best interest of the creditors when granting relief under 11 U.S.C. § 1112(b) (1). Here, dismissal is in the best interest of the creditors because there are no estate assets for a chapter 7 trustee to administer. Thus, the motion is GRANTED and the case is dismissed. Appearances waived.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
George Allan Vandeman Represented By Jason Wallach
10:00 AM
Docket 150
None.
Debtor(s):
Lilia Nuno Represented By
Thomas B Ure
10:00 AM
Docket 53
Debtor seeks to value debtor’s real property at a fair market value of
$455,000 as of September 13, 2018. The valuation motion is supported by evidence as to the value of the subject property. The content of the notice meets the due process requirement that it be "reasonably calculated, under all of the circumstances, to apprise interested parties of the pendency of the action and to afford them the opportunity to present their objections." Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 314 (1950). No opposition was filed.
The debtor’s motion is GRANTED. The property is valued at
$455,000.
Pursuant to LBR 9021-1(b)(1)(B), debtors must serve and lodge a proposed order via LOU within 7 days of the hearing. Appearances waived.
Debtor(s):
Robert Gabriel Represented By Onyinye N Anyama
10:00 AM
fr. 11-30-18; 1-17-19
Docket 5
None.
Debtor(s):
Sumar International, Inc. Represented By Steven R Fox
10:00 AM
for Authority to Use Cash Collateral and to Approve Stipulation
fr. 11-30-18; 1-17-19
Docket 2
None.
Debtor(s):
Expressway Deliveries, Inc. Represented By
J. Bennett Friedman
10:00 AM
§ 363 For Authority to Use Cash Collateral and to Approve the Second Stipulation
Docket 56
None.
Debtor(s):
Expressway Deliveries, Inc. Represented By
J. Bennett Friedman
10:00 AM
fr 12-20-18
Docket 108
None.
Debtor(s):
Wajida Alhambra Represented By
Anthony Obehi Egbase Crystle Jane Lindsey
W. Sloan Youkstetter
10:00 AM
1834 S.Marengo Ave., Apt. 33, Alhambra, CA
fr. 8-16-18; 10-4-18; 10-18-18; 11-8-18; 12-20-18
Docket 50
None.
Debtor(s):
Wajida Alhambra Represented By
Anthony Obehi Egbase Crystle Jane Lindsey
W. Sloan Youkstetter
10:00 AM
fr. 4-12-18; 9-6-18; 12-13-18; 12-20-18
Docket 0
None.
Debtor(s):
Wajida Alhambra Represented By
Anthony Obehi Egbase Crystle J Lindsey
W. Sloan Youkstetter
10:00 AM
Docket 289
- NONE LISTED -
Debtor(s):
PH DIP, Inc Represented By
Robert P Goe Stephen Reider
10:00 AM
Fr. 7-19-18; 8-16-18; 9-6-18; 9-20-18; 9-28-18; 11-8-18;
12-20-18
Docket 15
A stipulation to continue the status conference was filed in this case.
The Court will review the stipulation and enter an order approving the stipulation. Accordingly, this matter is CONTINUED to March 19, 2019 at 10:00 a.m. Appearances waived.
Debtor(s):
PH DIP, Inc Represented By
Robert P Goe Stephen Reider
10:00 AM
Docket 98
No opposition was filed.
The court has reviewed the Application for Payment of Fees of the Law office of Michael J. Berger. The court GRANTS the Application and awards
$31,447.5 in fees and $1,886.94 in costs, for a total of $32,634.44 of which
$10, 242.50 shall be drawn down from the retainer. The unpaid balance of
$22,391.94 is to be paid by the debtor. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Debtor(s):
Debtor’s counsel is to lodge an appropriate order.
Ameriquest Security Service Represented By Michael Jay Berger
10:00 AM
Docket 67
None.
Debtor(s):
Ameriquest Security Service Represented By Michael Jay Berger
Movant(s):
Ameriquest Security Service Represented By Michael Jay Berger
Ameriquest Security Service Represented By Michael Jay Berger
Ameriquest Security Service Represented By Michael Jay Berger
2:00 PM
FR 1-29-19
Docket 458
None.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
2:00 PM
[ORAL RULING]
fr 1-29-19; 2-5-19
Docket 0
None.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
2:00 PM
Adv#: 2:18-01435 Point.360, a California Corporation v. Medley Capital Corporation et al
FR 2-12-19
Docket 1
None.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
Defendant(s):
Medley Capital Corporation Pro Se
Medley Opportunity Fund II LP Pro Se
Plaintiff(s):
Point.360, a California Corporation Represented By
Lewis R Landau
2:00 PM
Docket 91
Debtor(s):
Luis Carlos Flores Represented By Onyinye N Anyama
Joint Debtor(s):
Teresa Flores Represented By
Onyinye N Anyama
10:00 AM
Telephonic Hearing
JPMORGAN CHASE BANK VS
DEBTOR
Joseph M. Pleasant to appear by telephone
Docket 53
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is the lessor debtor's 2016 Subaru Legacy 2.5i. On January 1, 2019, the lease matured. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
William Ronald Lively Represented By Louis J Esbin
10:00 AM
Joint Debtor(s):
Kathleen Ann Lively Represented By Louis J Esbin
Movant(s):
JPMorgan Chase Bank, N.A. Represented By Joseph M Pleasant
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
ALY FINANCIAL, INC VS
DEBTOR
Adam N. Barasch to appear by telephone
Docket 46
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's 2007 Cadillac Escalade. The debtor has failed to pay 4 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Alejandro Villarreal Sanchez Represented By Raymond Perez
10:00 AM
Movant(s):
Ally Financial Inc. Represented By Adam N Barasch
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
MEGA AUTO FINANCE VS
DEBTOR
Docket 38
None.
Debtor(s):
Julia Bell Represented By
Sanaz S Bereliani
Movant(s):
MEGA AUTO FINANCE Represented By
Michael D Vanlochem
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR fr 1-29-19
Docket 53
A stipulation for adequate protection was filed in this case. The Court will review the stipulation and enter an order approving the stipulation.
Accordingly, this matter is taken OFF CALENDAR. Appearances waived.
Debtor(s):
Carolina Ayala Hernandez Represented By Axel H Richter
Movant(s):
U.S. Bank National Association, not Represented By
Joseph C Delmotte Gilbert R Yabes
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
US BANK TRUST NATIONAL ASSOCIATION VS
DEBTOR
Docket 89
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 15 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Roberto Garcia Represented By Todd L Turoci
10:00 AM
Jaime A Cuevas Jr.
Joint Debtor(s):
Lilia Arechiga Garcia Represented By Todd L Turoci
Jaime A Cuevas Jr.
Movant(s):
US Bank Trust National Association, Represented By
Michelle R Ghidotti Kathy Watson Kristin A Zilberstein
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
MORTGAGE MANAGEMENT CONSULTANTS, INC VS
DEBTOR
Erin M. McCartney to appear by telephone
Docket 40
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Christel A Beattie Represented By Devin Sawdayi
Movant(s):
Mortgage Management Consultants, Represented By
Erin M McCartney
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WILLIE GUTMAN VS
DEBTOR
Docket 12
None.
Debtor(s):
Joan Fan Represented By
Matthew D. Resnik
Movant(s):
Willie Gutman, an individual as to Represented By
Alla Tenina
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
SPECIALIZED LOAN SERVICING LLC VS
DEBTOR
Dane Exnowski to appear by telephone
Docket 10
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering real property. The debtor received an interest in the property through an unauthorized grant deed. The debtor has failed to pay post- petition payments. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed
10:00 AM
circumstances or for good cause shown, after notice and a hearing. 11
U.S.C. § 362(d)(4). All other relief is denied.
Debtor(s):
Movant shall upload an appropriate order via the Court’s LOU system.
Pablo I Vargas Pro Se
Movant(s):
Specialized Loan Servicing LLC Represented By
Dane W Exnowski
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
GREG G. KEEL VS
DEBTOR
Richard G. Heston to appear by telephone
Docket 29
None.
Debtor(s):
Marie Keel Represented By
Raymond H. Aver
Movant(s):
Richard Heston Represented By Richard G Heston
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 10
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on February 8, 2019. This motion was filed on February 12, 2019, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to all creditors. Pursuant to the evidence presented, the Court GRANTS the relief requested in the motion based upon an apparent
10:00 AM
change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Trina Lanette Ward Represented By Gregory M Shanfeld
Movant(s):
Trina Lanette Ward Represented By Gregory M Shanfeld Gregory M Shanfeld
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WILLIE GUTMAN VS
DEBTOR
Docket 12
- NONE LISTED -
Debtor(s):
Joan Fan Represented By
Matthew D. Resnik
Movant(s):
Willie Gutman, an individual as to Represented By
Alla Tenina
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
RANCHO GLENDORA MOBILE VILLAS, LLC
VS DEBTOR
Docket 11
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d) (2). The stay is terminated as to the debtor and the debtor’s bankruptcy estate with respect to the movant, its successors, transferees and assigns. Movant may enforce its remedies to obtain possession of the property in accordance with applicable law, but may not pursue a deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Appearances waived.
Movant served the debtor with a three-day notice to quit the premises on October 11, 2018. When the debtor failed to vacate the premises, an unlawful detainer action was filed and served on December 19, 2018. Debtor filed the bankruptcy petition on February 4, 2019 in an apparent effort to stay the unlawful detainer action. This motion has been filed to proceed with the unlawful detainer action. This action must go forward because the debtor’s right to possess the premises must be determined.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Rudy Rodriguez Pro Se
Movant(s):
Rancho Glendora Mobile Villas LLC Represented By
Barry L O'Connor
Trustee(s):
Heide Kurtz (TR) Pro Se
10:00 AM
Telephonic Hearing
LENDINGHOME FUNDING CORPORATION VS
DEBTOR
RE: 3600 Ashe Road #16, Bakersfield, CA 93309 (Judge Saltzman case)
Joshua L. Scheer to appear by telephone
Docket 218
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the real property. The loan has fully matured and became due and payable in full on May 13, 2016. The subject property has a value of
$110,000.00 and is encumbered by a perfected security interest in favor of the movant. That security interest secures a claim of $186,976.85. There is no equity in the subject property. This is cause entitling movant to relief from automatic stay. 11 U.S.C. § 362(d)(1). In addition, Debtor has not opposed the motion. Debtor has not established that the property is necessary for an effective reorganization. Therefore, the Motion is also granted under 11
10:00 AM
U.S.C. § 362(d)(2). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
Debtor(s):
The movant shall submit an appropriate order.
3600 Ashe, LLC Represented By Dean G Rallis Jr Matthew D Pham
Movant(s):
LendingHome Funding Corporation, Represented By
Erica T Loftis
10:00 AM
LENDINGHOME FUNDING CORPORATION VS
DEBTOR
RE: 3600 Ashe Road, Unit 18, Bakersfield, CA 93309 . (Loftis, Erica) (Judge Saltzman case)
Docket 217
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the real property. The loan has fully matured and became due and payable in full on May 31, 2017. The subject property has a value of
$105,000.00 and is encumbered by a perfected security interest in favor of the movant. That security interest secures a claim of $127,037.46. There is no equity in the subject property. This is cause entitling movant to relief from automatic stay. 11 U.S.C. § 362(d)(1). In addition, Debtor has not opposed the motion. Debtor has not established that the property is necessary for an effective reorganization. Therefore, the Motion is also granted under 11
U.S.C. § 362(d)(2). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
10:00 AM
The movant shall submit an appropriate order.
Debtor(s):
3600 Ashe, LLC Represented By Dean G Rallis Jr Matthew D Pham
Movant(s):
LendingHome Funding Corporation, Represented By
Erica T Loftis
2:00 PM
Adv#: 2:18-01450
Lipscomb v. United States Department of Education et al Telephonic Hearing
Joint Stipulation to dismiss adversary proceeding filed 2/28/19 Dennis Winters to appear by telephone
Docket 1
None.
Debtor(s):
Tamara D. Lipscomb Represented By Christine A Kingston
Defendant(s):
United States Department of Pro Se
US Bank ELT Acapita Pro Se
Illinois Student Assistance Pro Se
VL Funding, LLC Pro Se
Navient Solutions, LLC. Pro Se
United Student Aid Funds, Inc. Pro Se
Pennsylvania Higher Education Pro Se
Plaintiff(s):
Tamara D. Lipscomb Represented By
2:00 PM
Trustee(s):
Christine A Kingston
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:15-01613 Lee v. Rowe
Docket 70
None.
Debtor(s):
Nancy Margaret Rowe Represented By
Andrew Edward Smyth
Defendant(s):
Nancy Rowe Represented By
Andrew Edward Smyth Douglas J Rosner William J Smyth
Plaintiff(s):
Robert Lee Represented By
Douglas J Rosner Andrew Edward Smyth Mark M Sharf
Trustee(s):
Howard M Ehrenberg (TR) Represented By Douglas J Rosner
2:00 PM
Adv#: 2:17-01516
Villas Del Rey Condominium Assoc. v. Roshan
Telephonic Hearing
Jody Steinberg to appear by telephone
Docket 53
None.
Debtor(s):
Kaveh Roshan Represented By
Andrew Edward Smyth
Defendant(s):
Kaveh Roshan Represented By
Andrew Edward Smyth
Plaintiff(s):
Villas Del Rey Condominium Assoc. Represented By
Dennis E McGoldrick
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Sonia Singh Richard K Diamond
10:00 AM
relief from stay [RP]
STONEHAVEN LLC VS
DEBTOR
fr 9-21-18; 11-9-18; 11-16-18; 12-5-18
fr 3-11-19
Docket 30
This matter is continued to April 3, 2019 at 10:00 a.m. Appearances waived.
Debtor(s):
4402 Mammoth Investors, LLC Represented By Mark T Young
Movant(s):
Stonehaven LLC Represented By Michael H Weiss
10:00 AM
Docket 118
This matter is continued to April 3, 2019 at 10:00 a.m. Appearances waived.
Debtor(s):
4402 Mammoth Investors, LLC Represented By Mark T Young
Greenberg Glusker
10:00 AM
fr. 8-16-18; 11-8-18, 2-7-19
Docket 15
None.
Debtor(s):
Randal D. Haworth M.D. Inc. Represented By Stella A Havkin
10:00 AM
fr 12-20-18; 1-17-19
Docket 0
None.
Debtor(s):
LION SOLAR, LLC Represented By Michael H Weiss
10:00 AM
Docket 12
None.
Debtor(s):
Thomas D. Bohlmann Represented By Paul R Shankman
James Andrew Hinds Jr Rachel M Sposato
10:00 AM
Docket 73
None.
Debtor(s):
James Anthony Startz Pro Se
10:00 AM
fr. 9-20-18, 2-14-19, 2-28-19
Docket 23
Tentative Ruling:
None.
Tentative Ruling February 28, 2019:
Debtor has not filed a status report. The court notes that Debtor's counsel withdrew from representationof the Debtor by order entered on February 1, 2019. February 1 was also the date by which the Debtor was required to file a plan and disclosure statement. No plan or disclosure statement have been filed. The Debtor is to address whether he intends to proceed with the case and why a plan and disclosure statement were not filed.
Debtor(s):
James Anthony Startz Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
10:00 AM
Docket 204
Debtor(s):
Cedric Leonardi Represented By Leslie A Cohen
Mark E Goodfriend
10:00 AM
Docket 62
The valuation motion is DENIED without prejudice.
Debtor seeks to value debtor's PERSONAL PROPERTY, a 2015 Chevrolet Camaro SS Coupe 2D, at a fair market value of $13,125.00. The subject property is secured by an interest held by Santander Consumer USA, Inc., securing a loan with a balance as of the petition date of approximately
$19,197.90. Debtor has not established a prima facie case for the granting of the relief requested in the motion.
Debtor must use the retail value of the car and submit evidence of such valuation. Courts have employed a variety of vehicle valuation methods under § 506(a)(2), and presently the Ninth Circuit has not established a uniform method. See In re Ayres, 2010 WL 652825 at *5 (Bankr. N.D. Cal.) (collecting cases detailing vehicle valuation and describing the state of the law in the Ninth Circuit). However, in In re Morales, the United States Bankruptcy Court for the Central District of California determined that retail value should be calculated "by adjusting the Kelley Blue Book or N.A.D.A. Guide retail value for a like vehicle by a reasonable amount in light of the evidence presented regarding the condition of the vehicle or any other relevant factors." In re Morales, 387 B.R. 36, 45 (Bankr. C.D. Cal. 2008).
Appearances waived.
Here, Debtor cites to the Kelly Blue Book "private party" value which is impermissible.
Pursuant to LBR 9021-1(b)(1)(B), debtor must lodge a proposed order via LOU within 7 days of the hearing.
10:00 AM
Debtor(s):
Robert Gabriel Represented By Onyinye N Anyama
10:00 AM
Docket 1068
The Motion is GRANTED. The case is reoponed for the sole purpose of adjudicating Debtor's Motion For Authority to Substitute Collateral. Debtor must lodge an appropriate order. Appearances waived.
Debtor(s):
Massoud Tayyar Represented By
Rachel S Milman Esq Mark E Goodfriend George E Akwo
Movant(s):
Massoud Tayyar Represented By
Rachel S Milman Esq Mark E Goodfriend George E Akwo
10:00 AM
Docket 102
On February 8, 2019, this Court issued an Order to Show Cause why the case should not be dismissed for Debtor's failure to proceed with the case. The Debtor is delinquent on plan payments, has failed to communicate with counsel regarding the post-confirmation status of the case. In addition, the Debtor is delinquent in payment of quarterly U.S. Trustee fees. The Order to Show Cause was served on Debtor at his address of record. No response was received from Debtor by the February 21, 2019 deadline provided in the Order to Show Cause. The Order to Show Cause warned that the failure to comply with the order may result in dismissal of the case.
Accordingly, the Court concludes that the Debtor is no longer interested in pursuing this case, completing his plan payments and receiving a discharge. The Court orders that the case is dismissed due to Debtor's failure to comply with the terms of the confirmed plan.
Appearances waived.
Debtor(s):
Rafael Ayala Gutierrez Represented By Onyinye N Anyama
10:00 AM
fr. 10-18-18; 11-15-18; 12-20-18; 2-7-19
Docket 0
Based on the dismissal of the chapter 11 case, the Post Confirmation Status Conference is taken OFF CALENDAR.
Debtor(s):
Rafael Ayala Gutierrez Represented By Onyinye N Anyama
10:00 AM
(Judge Saltzman Case)
Docket 0
None.
Debtor(s):
Grayn Company, a California Represented By
William H Brownstein
10:00 AM
Fr.8-15-18,8-29-18, 12-12-18
(Judge Saltzman Case)
Docket 254
- NONE LISTED -
Debtor(s):
Yu Hua Long Investments LLC Represented By
M. Jonathan Hayes
Trustee(s):
Timothy Yoo (TR) Represented By Philip A Gasteier Jeffrey S Kwong Timothy J Yoo
10:00 AM
Docket 245
- NONE LISTED -
Debtor(s):
Philip L. Marchiondo Represented By Ian Landsberg
Movant(s):
Landsberg Law, APC Represented By Ian Landsberg
2:00 PM
(Judge Saltzman case)
Docket 510
- NONE LISTED -
Debtor(s):
John Edward Hertz Represented By Stella A Havkin
M. Jonathan Hayes
Joint Debtor(s):
Diane Gamroth Hertz Represented By Stella A Havkin
M. Jonathan Hayes
Trustee(s):
Elissa Miller (TR) Represented By Daniel A Lev
10:00 AM
Adv#: 2:17-01550 Mastan v. Civitas Incorporated., a California corporation et
Docket 1
Debtor(s):
Carlo Bondanelli Represented By John D Monte Nathan D Meyer Michael J Glenn
Defendant(s):
Civitas Incorporated., a California Represented By
Michael J Glenn
St. Joseph's Investments, Inc., a Represented By Michael J Glenn
DOES 1-10, Inclusive Pro Se
Plaintiff(s):
Peter J Mastan Represented By John P Reitman
Aleksandra Zimonjic Jack A Reitman
Trustee(s):
Peter J Mastan (TR) Represented By John P Reitman
Aleksandra Zimonjic Jack A Reitman
10:00 AM
Adv#: 2:17-01547 Mastan v. Bondanelli et al
Docket 1
Debtor(s):
Carlo Bondanelli Represented By John D Monte Nathan D Meyer Michael J Glenn
Defendant(s):
Carlo Bondanelli Represented By Michael J Glenn
Carlo Bondanelli, as trustee of St. Represented By
Michael J Glenn
St. Joseph's Investments, Inc. Represented By Michael J Glenn
St. Joseph's Investments, Inc. in its Represented By
Michael J Glenn
Does 1-10, Inclusive Pro Se
Plaintiff(s):
Peter J Mastan Represented By John P Reitman
Aleksandra Zimonjic Jack A Reitman
10:00 AM
Trustee(s):
Peter J Mastan (TR) Represented By John P Reitman
Aleksandra Zimonjic Jack A Reitman
10:00 AM
Adv#: 2:17-01549 Mastan v. Desert Solis, Inc., a California corporation et al
Docket 1
Debtor(s):
Carlo Bondanelli Represented By John D Monte Nathan D Meyer Michael J Glenn
Defendant(s):
Desert Solis, Inc., a California Represented By Michael J Glenn
DOES 1-10, Inclusive Pro Se
Plaintiff(s):
Peter J Mastan Represented By John P Reitman
Aleksandra Zimonjic Jack A Reitman
Trustee(s):
Peter J Mastan (TR) Represented By John P Reitman
Aleksandra Zimonjic Jack A Reitman
10:00 AM
Adv#: 2:17-01549 Mastan v. Desert Solis, Inc., a California corporation et al
Docket 1
Debtor(s):
Carlo Bondanelli Represented By John D Monte Nathan D Meyer Michael J Glenn
Defendant(s):
Desert Solis, Inc., a California Represented By Michael J Glenn
DOES 1-10, Inclusive Pro Se
Plaintiff(s):
Peter J Mastan Represented By John P Reitman
Aleksandra Zimonjic Jack A Reitman
Trustee(s):
Peter J Mastan (TR) Represented By John P Reitman
Aleksandra Zimonjic Jack A Reitman
10:00 AM
Adv#: 2:17-01547 Mastan v. Bondanelli et al
Docket 1
Debtor(s):
Carlo Bondanelli Represented By John D Monte Nathan D Meyer Michael J Glenn
Defendant(s):
Carlo Bondanelli Represented By Michael J Glenn
Carlo Bondanelli, as trustee of St. Represented By
Michael J Glenn
St. Joseph's Investments, Inc. Represented By Michael J Glenn
St. Joseph's Investments, Inc. in its Represented By
Michael J Glenn
Does 1-10, Inclusive Pro Se
Plaintiff(s):
Peter J Mastan Represented By John P Reitman
Aleksandra Zimonjic Jack A Reitman
Trustee(s):
Peter J Mastan (TR) Represented By
10:00 AM
John P Reitman Aleksandra Zimonjic Jack A Reitman
10:00 AM
Adv#: 2:17-01550 Mastan v. Civitas Incorporated., a California corporation et
Docket 1
Debtor(s):
Carlo Bondanelli Represented By John D Monte Nathan D Meyer Michael J Glenn
Defendant(s):
Civitas Incorporated., a California Represented By
Michael J Glenn
St. Joseph's Investments, Inc., a Represented By Michael J Glenn
DOES 1-10, Inclusive Pro Se
Plaintiff(s):
Peter J Mastan Represented By John P Reitman
Aleksandra Zimonjic Jack A Reitman
Trustee(s):
Peter J Mastan (TR) Represented By John P Reitman
Aleksandra Zimonjic Jack A Reitman
10:00 AM
PANMA PROPERTIES, LLC S
DEBTOR
Docket 16
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d) (2). The stay is terminated as to the debtor and the debtor’s bankruptcy estate with respect to the movant, its successors, transferees and assigns. Movant may enforce its remedies to obtain possession of the property in accordance with applicable law, but may not pursue a deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Appearances waived.
Movant served the debtor with a three-day notice to quit the premises on August 27, 2018. When the debtor failed to vacate the premises, an unlawful detainer action was filed and served on October 11, 2018. Debtor filed the bankruptcy petition on January 25, 2019 in an apparent effort to stay commencement of the unlawful detainer action. This motion has been filed to proceed with the unlawful detainer action. This action must go forward because the debtor’s right to possess the premises must be determined.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Robert Dale Stewart Pro Se
Movant(s):
PANMA PROPERTIES, LLC Represented By Marc Cohen
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
MARGUERITE VIERRA VS
DEBTOR
Docket 8
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d) (2). The stay is terminated as to the debtor and the debtor’s bankruptcy estate with respect to the movant, its successors, transferees and assigns. Movant may enforce its remedies to obtain possession of the property in accordance with applicable law, but may not pursue a deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Appearances waived.
Movant served the debtor with a three-day notice to quit the premises on December 6, 2018. When the debtor failed to vacate the premises, an unlawful detainer action was filed and served on December 17, 2018. Debtor filed the bankruptcy petition on February 4, 2019 in an apparent effort to stay commencement of the unlawful detainer action. This motion has been filed to proceed with the unlawful detainer action. This action must go forward because the debtor’s right to possess the premises must be determined.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Michelle Rosslind-Jones Pro Se
Movant(s):
Marguerite Vierra Represented By Paul E Gold
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
ARIVO ACCEPTANCE LLC VS
DEBTOR
Austin P Nagel to appear by telephone
Docket 36
None.
Debtor(s):
Jamal Thornton Represented By Kevin Tang
Movant(s):
Arivo Acceptance LLC Represented By Austin P Nagel
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
SANTANDER CONSUMER USA, INC VS
DEBTOR
Randall Mroczynski to appear by telephone
Docket 23
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's Mercedes Benz C300. The debtor has failed to pay 2 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Patrick Lynn Antrim Represented By
D Justin Harelik
10:00 AM
Movant(s):
Santander Consumer USA Inc. Represented By Jennifer H Wang
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
WELLS FARGO BANK, NA VS
DEBTOR fr 2-12-19
Megan E Lees to appear by telephone Stipulation re: adequate protection filed 3/11/19
Docket 33
None.
Debtor(s):
Chandra Mohan Roy Represented By Tamar Terzian
Movant(s):
Wells Fargo Bank, NA, as Trustee, Represented By
Robert P Zahradka
Trustee(s):
Nancy K Curry (TR) Represented By Tamar Terzian
10:00 AM
U.S. BANK TRUST NATIONAL ASSOCIATION
VS DEBTOR
Docket 14
Movant failed to serve the Motion for Relief from Stay on the original borrowers under the note. Movant is to address this failure at the hearing on the motion.
Debtor(s):
Guadalupe Selene Aguila Pro Se
Movant(s):
U.S. Bank Trust National Represented By
Kristin A Zilberstein
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 12
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on February 14, 2019. This motion was filed on February 19, 2019, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to the creditors listed on page 32-35 of the motion at Docket No. 12. Pursuant to the evidence presented, the Court GRANTS the
10:00 AM
relief requested in the motion based upon an apparent change in the personal and financial affairs of the debtor since dismissal of the last case.
Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Toni Michell Morgan Represented By Gregory M Shanfeld
Movant(s):
Toni Michell Morgan Represented By Gregory M Shanfeld
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 6
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on February 21, 2019. This motion was filed on February 22, 2019, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to the creditors listed on pages 11-13 of the motion at Docket No. 6. Pursuant to the evidence presented, the Court GRANTS the
10:00 AM
relief requested in the motion based upon an apparent change in the personal and financial affairs of the debtor since dismissal of the last case.
Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Jose Luis Montes Represented By Jaime A Cuevas Jr.
Movant(s):
Jose Luis Montes Represented By Jaime A Cuevas Jr. Jaime A Cuevas Jr. Jaime A Cuevas Jr.
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
XCL TITLING TRUST LLC VS
DEBTOR
Timothy J Silverman to appear by telephone
Docket 14
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Since a chapter 7 case does not contemplate reorganization, the sole issue before the court when stay relief is sought under 11 U.S.C. § 362(d)(2) is whether the debtor has equity in the property. See e.g., Nev. Nat’l Bank v. Casgul of Nev., Inc. (In re Casgul of Nev., Inc.), 22 B.R. 65, 66 (9th Cir. BAP 1982); Ramco Indus. v. Preuss (In re Preuss), 15 B.R. 896 (9th Cir. BAP 1981). Movant is the lessor of debtor's Honda Accord. The debtor has failed to pay 6 post-petition payments. The debtor has no equity in the leased property. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1) and (d)(2). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Cecil Ray Stell Pro Se
Movant(s):
XCL TITLING TRUST LLC, its Represented By
Timothy J Silverman
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:00 AM
Telephonic Hearing
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Shana Stark to appear by telephone
Docket 60
None.
Debtor(s):
Evaristo Ortiz Represented By
Anthony Obehi Egbase
Movant(s):
U.S. Bank National Association, as Represented By
Merdaud Jafarnia
10:00 AM
Docket 14
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 11 petition on February 13, 2019. This motion was filed on February 21, 2019, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to the creditors listed on pages 35-37 of the motion at
10:00 AM
Docket No. 14. Pursuant to the evidence presented, the Court GRANTS the relief requested in the motion based upon an apparent change in the personal and financial affairs of the debtor since dismissal of the last case.
Appearances waived.
Debtor(s):
Alverna Stanley Represented By Lane K Bogard
Vanessa M Haberbush David R Haberbush
Movant(s):
Alverna Stanley Represented By Lane K Bogard
Vanessa M Haberbush David R Haberbush
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Fr. 10-31-18, 1-28-19
(Judge Saltzman case)
Docket 76
- NONE LISTED -
Debtor(s):
Wilmington Victorville, LLC Represented By Philip A Gasteier Monica Y Kim
Movant(s):
U.S. Bank National Association, as Represented By
Amir Gamliel
10:00 AM
ESKANDER GHARIB VS
DEBTOR
Docket 7
Debtor(s):
Seyed Mostafa Maghloubi Pro Se
Movant(s):
Eskandar Gharib Represented By Robert A Krasney
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Docket 32
None.
Debtor(s):
Marcus John Almaraz Represented By Jeffrey J Hagen
Joint Debtor(s):
Sandie Hanae Almaraz Represented By Jeffrey J Hagen
Movant(s):
U.S. Bank National Association, as Represented By
Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:17-01516 Villas Del Rey Condominium Assoc. v. Roshan
fr. 1-9-18, 1-16-18; 3-20-18; 3-27-18; 6-5-18, 8-21-18; 1-22-19
Docket 1
None.
Debtor(s):
Kaveh Roshan Represented By Lane K Bogard
Defendant(s):
Kaveh Roshan Pro Se
Plaintiff(s):
Villas Del Rey Condominium Assoc. Represented By
Dennis E McGoldrick
Trustee(s):
Richard K Diamond (TR) Pro Se
2:00 PM
Adv#: 2:18-01051 Kitsuta v. Rodriguez
fr. 5-1-18; 10-16-18; 12-11-18
Docket 1
None.
Debtor(s):
Celia Rodriguez Represented By Christopher P Walker
Defendant(s):
Celia Rodriguez Pro Se
Plaintiff(s):
Kay Kitsuta Represented By
Joseph K. Lee James R Ebert
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Adv#: 2:18-01114 Trickel et al v. Dayer
fr 6-26-18; 11-27-18
Docket 1
The pretrial conference in this matter is continued to March 12, 2019 at 2:00 p.m. Appearances waived.
Debtor(s):
Aneleh Christine Dayer Represented By
D Justin Harelik
Defendant(s):
Aneleh Christine Dayer Pro Se
Plaintiff(s):
Francis W. Trickel Represented By
J. Bennett Friedman
Mary E. Trickel Represented By
J. Bennett Friedman
Trustee(s):
John J Menchaca (TR) Pro Se
2:00 PM
Telephonic Hearing
FR. 3-7-19
Gregory A. Girvan to appear by telephone
Docket 245
None.
Debtor(s):
Philip L. Marchiondo Represented By Ian Landsberg
Movant(s):
Landsberg Law, APC Represented By Ian Landsberg
10:00 AM
Docket 0
- NONE LISTED -
1:30 PM
fr 3-28-18; 5-30-18; 7-18-18; 10-3-18; 11-14-18; 2-6-19
Docket 28
- NONE LISTED -
Debtor(s):
Edwina Harris Represented By Julie J Villalobos
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 2-6-19
Docket 61
- NONE LISTED -
Debtor(s):
Reid Jeffrey Osherow Represented By Julie J Villalobos
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-6-19
Docket 43
- NONE LISTED -
Debtor(s):
George Contreras Lopez Represented By Nicholas M Wajda
Joint Debtor(s):
Deborah Margaret Lopez Represented By Nicholas M Wajda
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 12-12-18; 2-6-19
Docket 30
- NONE LISTED -
Debtor(s):
Grant Steven Workman Represented By
Raj T Wadhwani
Joint Debtor(s):
Mary Elaine Workman Represented By
Raj T Wadhwani
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-7-18; 1-16-19
Docket 65
- NONE LISTED -
Debtor(s):
Lisa Virgene McGeo Represented By
David Samuel Shevitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-14-18; 2-6-19
Docket 46
- NONE LISTED -
Debtor(s):
Armando Diaz Represented By Christopher J Langley
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 7-18-18; 9-12-18; 11-7-18; 1-16-19
Docket 50
- NONE LISTED -
Debtor(s):
Jose Hernandez Represented By Richard A Loa
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 64
- NONE LISTED -
Debtor(s):
Rafael Torres De La Torre Represented By Matthew D. Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 44
- NONE LISTED -
Debtor(s):
Hector Manuel Cardenas Represented By Dina Farhat
Joint Debtor(s):
Silvia Cardenas Represented By Dina Farhat
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 41
- NONE LISTED -
Debtor(s):
Serena Wright Represented By Julie J Villalobos
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 52
- NONE LISTED -
Debtor(s):
Alma Lileana Polanco Represented By Michael E Clark Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 64
- NONE LISTED -
Debtor(s):
Lloyd M Roberson Represented By Christie Cronenweth
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 47
- NONE LISTED -
Debtor(s):
Faizal Khan Kamal Khan Represented By Brad Weil
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 57
- NONE LISTED -
Debtor(s):
Hidonol Ponds Represented By Andy C Warshaw
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 45
- NONE LISTED -
Debtor(s):
Alejandro Villarreal Sanchez Represented By Raymond Perez
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 48
- NONE LISTED -
Debtor(s):
Enrique Tellez Represented By Raymond Perez
Joint Debtor(s):
Gloria Tellez Represented By
Raymond Perez
Movant(s):
Enrique Tellez Represented By Raymond Perez
Gloria Tellez Represented By
Raymond Perez
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Telephonic Hearing
Kevin Tang to appear by telephone
Docket 44
- NONE LISTED -
Debtor(s):
Pablo Ruiz Jr. Represented By Sam Benevento
Joint Debtor(s):
Idalia I. Ruiz Represented By
Sam Benevento
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Telephonic Hearing
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 1-16-19
Kevin Tang to appear by telephone
Docket 43
- NONE LISTED -
Debtor(s):
Pablo Ruiz Jr. Represented By Sam Benevento
Joint Debtor(s):
Idalia I. Ruiz Represented By
Sam Benevento
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 59
- NONE LISTED -
Debtor(s):
James Willard White Represented By Sam Benevento
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 2-27-19
Docket 56
- NONE LISTED -
Debtor(s):
James Willard White Represented By Sam Benevento
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 26
- NONE LISTED -
Debtor(s):
Erik G Fine Represented By
Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 9-12-18; 11-7-18; 1-30-19; 2-27-19
Docket 23
- NONE LISTED -
Debtor(s):
Erik G Fine Represented By
Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-27-19
Docket 32
- NONE LISTED -
Debtor(s):
Mario Ruiz Valdivia Represented By John Asuncion
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 33
- NONE LISTED -
Debtor(s):
Luis Ramon Ramirez Represented By Heather J Canning Michael E Clark Barry E Borowitz
Joint Debtor(s):
Amanda Patricia Dominguez Represented By Heather J Canning Michael E Clark Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 70
- NONE LISTED -
Debtor(s):
Gina Maria Dapremont Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 40
None.
Debtor(s):
Darlene Venita Square Represented By Heather J Canning Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 34
No opposition having been filed, and good cause presented, the motion is GRANTED. The order dismissing the debtors' bankruptcy case entered by the court on February 5, 2019 is vacated. The automatic stay is reinstated as of the entry of the order granting the motion. Any actions taken by any creditors of the estate between the February 5, 2019 entry of the order dismissing this chapter 13 case and the date of entry of this order shall not be affected by reinstatement of this bankruptcy case. This language must be included in the order. Pursuant to LBR 9021-1(b)(1)(B), debtors must lodge a proposed order via LOU within 7 days of the hearing. Appearances waived.
Debtor(s):
Scott David Narvell Represented By Charles J Brash
Joint Debtor(s):
Rael Marie Narvell Represented By Charles J Brash
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 64
None.
Debtor(s):
Sergio Moreno Morales Represented By
Leroy Bishop Austin Anthony Obehi Egbase
W. Sloan Youkstetter
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 62
None.
Debtor(s):
Pablo Ruiz Jr. Represented By Kevin Tang
Joint Debtor(s):
Idalia I. Ruiz Represented By
Kevin Tang
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-7-18; 12-12-18; 1-18-19
Docket 43
None.
Debtor(s):
Jose Rivera Represented By
Brad Weil
Joint Debtor(s):
Rita Maria Rivera Represented By Brad Weil
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 17
- NONE LISTED -
Debtor(s):
David Alberto Perez Represented By Heather J Canning
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Parcel No #3053-024-058, vacant land
Docket 32
None.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Parcel #3053-024-058, vacant land
Docket 33
None.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Parcel #3053-024-059, vacant land
Docket 34
None.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Parcel #3053-024-059, vacant land
Docket 35
None.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Parcel #3053-024-060, vacant land
Docket 36
None.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Parcel #3053-024-060, vacant land
Docket 37
None.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Property 2250 Old Nadeau Road, Palmdale
Docket 44
None.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Movant(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber
Raymonda Jean Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
2250 Old Nadeau Road, Palmdale
Docket 45
None.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Movant(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber
Raymonda Jean Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
2264 Old Nadeau Road, Palmdale
Docket 46
- NONE LISTED -
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Movant(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber
Raymonda Jean Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
2264 Old Nadeau Road, Palmdale
Docket 47
- NONE LISTED -
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Movant(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber
Raymonda Jean Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Parcel No #3053-024-038 - vacant land
Docket 48
- NONE LISTED -
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Movant(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber
Raymonda Jean Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Parcel No #3053-024-038 - vacant land
Docket 49
- NONE LISTED -
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Movant(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber
Raymonda Jean Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
3020 E. VIRGINIA AVENUE, WEST COVINA, CA. 91791
Docket 62
None.
Debtor(s):
Evaristo Ortiz Represented By
Anthony Obehi Egbase
10:00 AM
fr.1-17-19; 2-28-19
Docket 55
None.
Debtor(s):
Sergio Cayetano Montero Represented By Onyinye N Anyama
10:00 AM
fr 3-7-19
Docket 73
None.
Debtor(s):
James Anthony Startz Pro Se
10:00 AM
fr. 9-20-18, 2-14-19, 2-28-19; 3-7-19
Docket 23
Debtor(s):
None.
James Anthony Startz Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
10:00 AM
fr 9-20-18; 10-18-18; 12-6-18, 1-31-19
Stipulation re dismissal of case filed 3/14/19
Docket 14
None.
Debtor(s):
Thresiamma Mathew Represented By Stella A Havkin
10:00 AM
Stipulation re dismissal of case filed 3/14/19
Docket 38
None.
Debtor(s):
Thresiamma Mathew Represented By Stella A Havkin
10:00 AM
fr 11-8-18; 12-6-18, 1-31-19
Stipulation re dismissal of case filed 3/14/19
Docket 0
None.
Debtor(s):
Thresiamma Mathew Represented By Stella A Havkin
10:00 AM
Docket 73
None.
Debtor(s):
Sumar International, Inc. Represented By Steven R Fox
W. Sloan Youkstetter
10:00 AM
fr. 11-30-18; 1-17-19; 2-28-19
Docket 5
None.
Debtor(s):
Sumar International, Inc. Represented By Steven R Fox
10:00 AM
fr. 2-7-19
Docket 49
None.
Debtor(s):
Sumar International, Inc. Represented By Steven R Fox
W. Sloan Youkstetter
10:00 AM
fr 1-31-19
Docket 53
None.
Debtor(s):
Luis Carlos Flores Represented By Lionel E Giron
Joint Debtor(s):
Teresa Flores Represented By
Lionel E Giron
Movant(s):
Luis Carlos Flores Represented By Lionel E Giron Lionel E Giron
Teresa Flores Represented By
Lionel E Giron
10:00 AM
fr. 12-6-18, 1-31-19
Docket 0
None.
Debtor(s):
Luis Carlos Flores Represented By Kevin Tang Lionel E Giron
Joint Debtor(s):
Teresa Flores Represented By
Kevin Tang Lionel E Giron
10:00 AM
Debtor [And Official Committee Of Unsecured Creditors] Dated January 17, 2019
Docket 292
None
Debtor(s):
PH DIP, Inc Represented By
Robert P Goe Stephen Reider
Movant(s):
PH DIP, Inc Represented By
Robert P Goe Stephen Reider
10:00 AM
Fr. 7-19-18; 8-16-18; 9-6-18; 9-20-18; 9-28-18; 11-8-18;
12-20-18; 2-28-19
Docket 15
None.
Debtor(s):
PH DIP, Inc Represented By
Robert P Goe Stephen Reider
2:00 PM
Docket 75
None.
Debtor(s):
New West TC, LLC Represented By John P Reitman
Aleksandra Zimonjic Carmela Pagay
Trustee(s):
Timothy Yoo (TR) Represented By Carmela Pagay John P Reitman Jack A Reitman
2:00 PM
Docket 127
None.
Debtor(s):
Kaveh Roshan Represented By
Andrew Edward Smyth
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Sonia Singh Richard K Diamond
2:00 PM
Docket 126
None.
Debtor(s):
Kaveh Roshan Represented By
Andrew Edward Smyth
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Sonia Singh Richard K Diamond
2:00 PM
Adv#: 2:18-01448 FRESNO SKILLED NURSING & WELLNESS CENTRE, LLC v.
Docket 1
This matter is CONTINUED to April 23, 2019 at 2:00 p.m.
Appearances waived.
Defendant(s):
NATIONAL UNION FIRE Represented By Paul B La Scala
Plaintiff(s):
FRESNO SKILLED NURSING & Represented By
David R Ginsburg
2:00 PM
Adv#: 2:18-01448 FRESNO SKILLED NURSING & WELLNESS CENTRE, LLC v.
Docket 11
This matter is CONTINUED to April 23, 2019 at 2:00 p.m.
Appearances waived.
Defendant(s):
NATIONAL UNION FIRE Represented By Paul B La Scala
Plaintiff(s):
FRESNO SKILLED NURSING & Represented By
David R Ginsburg
2:00 PM
Adv#: 2:18-01448 FRESNO SKILLED NURSING & WELLNESS CENTRE, LLC v.
fr 2-12-19
Docket 4
This matter is CONTINUED to April 23, 2019 at 2:00 p.m.
Appearances waived.
Defendant(s):
NATIONAL UNION FIRE Represented By Paul B La Scala
Plaintiff(s):
FRESNO SKILLED NURSING & Pro Se
2:00 PM
Adv#: 2:18-01449 HIGHLAND PARK SKILLED NURSING & WELLNESS CENTRE, L v.
Stipulation to continue hearing filed 3/4/19
Docket 1
This matter is CONTINUED to April 23, 2019 at 2:00 p.m.
Appearances waived.
Defendant(s):
NATIONAL UNION FIRE Represented By Paul B La Scala
Plaintiff(s):
HIGHLAND PARK SKILLED Represented By David R Ginsburg
2:00 PM
Adv#: 2:18-01449 HIGHLAND PARK SKILLED NURSING & WELLNESS CENTRE, L v.
Stipulation to continue hearing filed 3/4/19
Docket 11
This matter is CONTINUED to April 23, 2019 at 2:00 p.m.
Appearances waived.
Defendant(s):
NATIONAL UNION FIRE Represented By Paul B La Scala
Plaintiff(s):
HIGHLAND PARK SKILLED Represented By David R Ginsburg
2:00 PM
Adv#: 2:18-01449 HIGHLAND PARK SKILLED NURSING & WELLNESS CENTRE, L v.
fr. 2-12-19
Stipulation to continue hearing filed 3/4/19
Docket 4
This matter is CONTINUED to April 23, 2019 at 2:00 p.m.
Appearances waived.
Defendant(s):
NATIONAL UNION FIRE Represented By Paul B La Scala
Plaintiff(s):
HIGHLAND PARK SKILLED Represented By David R Ginsburg
2:00 PM
Adv#: 2:18-01310 Crescent Associates LLC v. Dror
[ORAL RULING]
Docket 1
This matter is CONTINUED to April 9, 2019 at 2:00 p.m.
Appearances waived.
Debtor(s):
Crescent Associates, LLC. Represented By Robert M Yaspan
Defendant(s):
Eyal Ben Dror Pro Se
Plaintiff(s):
Crescent Associates LLC Represented By Robert M Yaspan
2:00 PM
Adv#: 2:18-01310 Crescent Associates LLC v. Dror
fr 2-26-19
[ORAL RULING]
Docket 16
This matter is CONTINUED to April 9, 2019 at 2:00 p.m.
Appearances waived.
Debtor(s):
Crescent Associates, LLC. Represented By Robert M Yaspan
Defendant(s):
Eyal Ben Dror Represented By Michael P Rubin
Movant(s):
Crescent Associates LLC Represented By Robert M Yaspan
Plaintiff(s):
Crescent Associates LLC Represented By Robert M Yaspan
2:00 PM
Adv#: 2:18-01310 Crescent Associates LLC v. Dror
fr 2-26-19
[ORAL RULING]
Docket 26
This matter is CONTINUED to April 9, 2019 at 2:00 p.m.
Appearances waived.
Debtor(s):
Crescent Associates, LLC. Represented By Robert M Yaspan
Defendant(s):
Eyal Ben Dror Represented By Michael P Rubin
Plaintiff(s):
Crescent Associates LLC Represented By Robert M Yaspan
2:00 PM
FR. 3-7-19; 3-12-19
Docket 245
This matter is CONTINUED to April 1, 2019 at 2:00 p.m.
Appearances waived.
Debtor(s):
Philip L. Marchiondo Represented By Ian Landsberg
Movant(s):
Landsberg Law, APC Represented By Ian Landsberg
10:00 AM
MOAD LLC VS DEBTOR
Docket 36
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(2). The stay is terminated as to the debtor and the debtor’s bankruptcy estate with respect to the movant, its successors, transferees and assigns. Movant may enforce its remedies to obtain possession of the property in accordance with applicable law, but may not pursue a deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. §
501. Appearances waived.
Movant completed a nonjudicial foreclosure sale on the real property formerly owned by, and still occupied by, the debtor. Under California law, once a nonjudicial foreclosure sale has occurred, the trustor has no right of redemption. Moeller v. Lien, 25 Cal. App. 4th 822, 831 (1994). In this case, the debtor has no right to ignore the foreclosure and attempt to reorganize the debt.
Movant served the debtor with a three-day notice to quit the premises on September 5, 2018. When the debtor failed to vacate the premises, an unlawful detainer action was filed and served on September 17, 2018. A judgment was entered on January 1, 2019. Debtor confimred a plan agreeing to surender the movant's collateral on July 31, 2018. This motion has been filed to proceed with the unlawful detainer relief. This action must go forward because the debtor’s right to possess the premises has been determined.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other
10:00 AM
relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Ninfa Carado Isidro Represented By Nicholas M Wajda
Movant(s):
MOAD LLC Represented By
Michael M Wintringer David S Hagen
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
BROOKSHIRE AVENUE APARTMENTS, LLC VS
DEBTOR
Docket 16
Debtor(s):
Michelle Kabiling Pro Se
Movant(s):
Brookshire Avenue Apartments, Represented By Agop G Arakelian
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
IH6 PROPERTY WEST LP VS
DEBTOR
Docket 13
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1), (d)(2), and (d)(4). The stay is terminated as to the debtor and the debtor’s bankruptcy estate with respect to the movant, its successors, transferees and assigns. Movant may enforce its remedies to obtain possession of the property in accordance with applicable law, but may not pursue a deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Appearances waived.
Movant served the debtor with a three-day notice to quit the premises on September 11, 2018. Movant filed an unlawful detainer complaint on September 26, 2018. A judgment was entered on January 23, 2019. Debtor filed the bankruptcy petition on February 15, 2019 in an apparent effort to stay enforcement of the unlawful detainer judgment. This motion has been filed to proceed with the unlawful detainer action. This action must go forward because the debtor’s right to possess the premises must be determined. This does not change simply because a bankruptcy petition was filed. Furthermore, the court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4).
The 14-day period specified in FRBP 4001(a)(3) is waived. Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after
10:00 AM
the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11
U.S.C. § 362(d)(4). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Lamar Douglas Pro Se
Movant(s):
IH6 Property West LP, a Delaware Represented By
Agop G Arakelian
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
SHERMAN OAKS PARTNERS, LP VS
DEBTOR
Docket 7
Debtor(s):
Carrie Ann Armstrong Pro Se
Movant(s):
Sherman Oaks Partners, LP Represented By Agop G Arakelian
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
MEGA AUTO FINANCE VS
DEBTOR fr 3-5-19
Docket 38
None.
Debtor(s):
Julia Bell Represented By
Sanaz S Bereliani
Movant(s):
MEGA AUTO FINANCE Represented By
Michael D Vanlochem
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
CONSUMER PORTFOLIO SERVICES, INC VS
DEBTOR fr. 1-15-19
Erin McCartney to appear by telephone
fr 2-26-19
Docket 33
None.
Debtor(s):
Hector Edward Arciniega Represented By Nicholas M Wajda
Joint Debtor(s):
Melinda Ann Arciniega Represented By Nicholas M Wajda
Movant(s):
Consumer Portfolio Services, Inc. Represented By
Erin M McCartney
10:00 AM
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
CONSUMER PORTFOLIO SERVICES, INC VS
DEBTOR fr 2-26-19
Stipulation for adequate protection filed 3/20/19 Erin McCartney to appear by telephone
Docket 13
None.
Debtor(s):
Raul Gil Orozco Represented By Daniel King
Movant(s):
Consumer Portfolio Services, Inc. Represented By
Erin M McCartney
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
CAPITAL ONE AUTO FINANCE VS
DEBTOR
Docket 45
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's Nissan Juke. The debtor has failed to pay 4 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Teresa Jones Represented By
Eva M Hollands
Movant(s):
Capital One Auto Finance, a division Represented By
10:00 AM
Trustee(s):
Cheryl A Skigin
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
PARTNERS FEDERAL CREDIT UNION VS
DEBTOR
Ray Garwacki to appear by telephone
Docket 37
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's Ford F150. The debtor has failed to pay any post-petition payments. Also, the debtor has surrendered the property. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Maria L Miranda Represented By Sunita N Sood
Movant(s):
Partners Federal Credit Union Represented By Yuri Voronin Ray Garwacki Jr
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
FIRST CITY CREDIT UNION VS
DEBTOR
Karel Rocha to appear by telephone
Docket 23
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's GMC Yukon. The debtor has failed to pay 5 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Angela A Fuentes Represented By Daniel King
10:00 AM
Movant(s):
First City Credit Union Represented By Karel G Rocha
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
CAPITAL ONE AUTO FINANCE VS
DEBTOR
Docket 27
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's Honda Civic. The debtor has failed to pay 4 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Jennifer Edwards Represented By Julie J Villalobos
Movant(s):
Capital One Auto Finance, a division Represented By
10:00 AM
Trustee(s):
Cheryl A Skigin
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
fr 12-18-18; 1-15-19; 2-26-19
Stipulation for adequate protection filed 3/20/19
Docket 30
None.
Debtor(s):
Mark Anthony Reyes Represented By Gary Leibowitz
Jacqueline D Serrao
Movant(s):
U.S. Bank National Association, not Represented By
Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
SETERUS, INC.
VS
DEBTOR fr. 1-15-19
Docket 59
None.
Debtor(s):
Charlana Lafon Ragland Represented By Steven A Alpert
Movant(s):
SETERUS, INC., AS THE Represented By James F Lewin Renee M Parker
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION VS
DEBTOR FR 2-26-19
Docket 66
Debtor(s):
Luis Humberto Parada Represented By Jaime A Cuevas Jr.
Movant(s):
JPMorgan Chase Bank, National Represented By
Christina J O Brice K Nakamura
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
LAKEVIEW LOAN SERVICING, LLC VS
DEBTOR
fr. 11-27-18; 1-22-19
Stipulation for adequate protection filed 3/20/19
fr 2-26-19
Docket 29
None.
Debtor(s):
Lydia M Torres Represented By Barry E Borowitz
Movant(s):
Lakeview Loan Servicing, LLC Represented By Christina J O
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
CALIBER HOME LOANS VS
DEBTOR
Case dismissed 3/6/19
Docket 25
The instant case was dismised on March 6, 2019. The motion is DENIED without prejudice as moot pursuant to 11 U.S.C. § 362(d)(1) and (d) (2). Appearances waived.
Movant to lodge an appropriate order via the Court’s LOU system.
Debtor(s):
Zully Odette Reinschmidt Represented By Nicholas M Wajda
Movant(s):
Caliber Home Loans, Inc as servicer Represented By
Stephanie R Lewis
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
BAYVIEW LOAN SERVICING, LLC VS
DEBTOR fr 2-26-19
Stipulation to continue hearing filed 3/18/19
Docket 36
This matter is CONTINUED to May 14, 2019 at 10:00 a.m.
Appearances waived.
Debtor(s):
Ricardo Cruz Represented By
Matthew D. Resnik
Movant(s):
BAYVIEW LOAN SERVICING, Represented By
Edward G Schloss
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WILMINGTON SAVINGS FUND SOCIETY, FSB VS
DEBTOR
Docket 84
None.
Debtor(s):
Javier Yorba Represented By
Garry Lawrence Jones - DISBARRED - Randal A Whitecotton
Denise Ho William P Mullins
Joint Debtor(s):
Maria E Yorba Represented By
Garry Lawrence Jones - DISBARRED - Randal A Whitecotton
Denise Ho William P Mullins
Movant(s):
Wilmington Savings Fund Society, Represented By
Erin M McCartney
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DEUTSCHE BANK NATIONALTRUST COMPANY VS
DEBTOR
Docket 39
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Wendall Hayden Threet II Represented By Nicholas S Nassif
10:00 AM
Movant(s):
Deutsche Bank National Trust Represented By Merdaud Jafarnia Kelly M Raftery
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
PNC BANK, NATIONAL ASSOCIATION VS
DEBTOR
Docket 49
None.
Debtor(s):
Margaret E Jones Represented By Elena Steers
Movant(s):
PNC BANK, NATIONAL Represented By Vicki Ann Pringle Lucy Miller
Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
BANK OF NEW YORK MELLON TRUST COMPANY
VS DEBTOR
Docket 68
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay post-petition property charges required under a reverse mortgage, including taxes and insurance. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Lloyd M Roberson Represented By Christie Cronenweth
10:00 AM
Movant(s):
Bank of New York Mellon Trust Represented By
Christina J O
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
LAKEVIEW LOA SERVICING, LLC VS
DEBTOR
Docket 21
- NONE LISTED -
Debtor(s):
Gerald Scott Johnson Represented By Barry E Borowitz
Movant(s):
Lakeview Loan Servicing, LLC Represented By Christina J O
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK, NA VS
DEBTOR
Docket 28
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 4 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Michelle Pearl Felder Represented By Stephen S Smyth William J Smyth
10:00 AM
Movant(s):
Wells Fargo Bank, NA, as Trustee, Represented By
Daniel K Fujimoto Caren J Castle
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NA VS
DEBTOR
Docket 63
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 5 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Juan Ramirez-Juarez Represented By
Jessica De Anda Leon
Joint Debtor(s):
Marisela Ramirez-Flores Represented By
10:00 AM
Movant(s):
Jessica De Anda Leon
U.S. Bank NA, successor trustee to Represented By
Robert P Zahradka
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DITECH FINANCIAL LLC VS
DEBTOR
Docket 32
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Diane Farrell Represented By
Jane Cervantes
Movant(s):
Ditech Financial LLC Represented By
10:00 AM
Trustee(s):
Merdaud Jafarnia
Nancy K Curry (TR) Pro Se
10:00 AM
WINDSOR PARK ASSET HOLDING TRUST VS
DEBTOR
Docket 18
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 4 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Wanda Michelle Bates Pro Se
10:00 AM
Movant(s):
Windsor Park Asset Holding Trust Represented By
Joseph C Delmotte Gilbert R Yabes
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DEUTSCHE BANK NATIONAL TRUST COMPANY VS
DEBTOR
Docket 36
Debtor(s):
Felipe Gonzalez Represented By Jaime A Cuevas Jr.
Movant(s):
Deutsche Bank National Trust Represented By Gilbert R Yabes Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
VS DEBTOR
Docket 12
Debtor(s):
Carmen L Burton Pro Se
Movant(s):
ABM LLC Represented By
William C Beall
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
COMERICA BANK VS
DEBTOR
Docket 14
None.
Debtor(s):
Mike Macardican Represented By Dean G Rallis Jr
Movant(s):
Comerica Bank Represented By
Jennifer Witherell Crastz
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
GREG G. KEEL VS
DEBTOR fr 3-5-19
Docket 29
None.
Debtor(s):
Marie Keel Represented By
Raymond H. Aver
Movant(s):
Richard Heston Represented By Richard G Heston
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 11
No opposition was filed.
Section 362(c)(4)(A) states that if a single or joint case is filed by or against a debtor who is an individual under this title, and if 2 or more single or joint cases of the debtor were pending within the previous year but were dismissed, other than a cased refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay shall not go into effect upon the filing of the later case, and on request of a party in interest, the Court shall promptly enter an order confirming that no stay is in effect. 11 U.S.C. § 362(c) (4)(A).
On motion of a party in interest for imposition of the automatic stay and upon notice and a hearing, the Court may impose the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) if the request is made within 30 days of the filing of the later case and after notice and a hearing, only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11 U.S.C. § 362(c)(4)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on March 1, 2019. This motion was filed on March 8, 2019. The motion is timely.
According to the evidence, debtor seeks imposition of the automatic stay as to all creditors. Pursuant to the evidence presented, the Court GRANTS the relief requested in the motion based upon an apparent change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Movant shall upload an appropriate order via the Court’s LOU system
10:00 AM
Debtor(s):
Eric Wayne Swain Represented By Matthew D. Resnik
Joint Debtor(s):
Rachel Marie Swain Represented By Matthew D. Resnik
Movant(s):
Eric Wayne Swain Represented By Matthew D. Resnik
Rachel Marie Swain Represented By Matthew D. Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
THE BANK OF NEW YORK MELLON VS
DEBTOR
Docket 17
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay any post- petition payments. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11
U.S.C. § 362(d)(4). The stay is annulled retroactive to the petition date, so that enforcement actions taken by movant, if any, before receipt of notice of the automatic stay will not be deemed to have been voided by the automatic
10:00 AM
stay. See Nat’l Envtl. Waste Corp. v. City of Riverside (In re Nat’l Envtl. Waste Corp.), 129 F.3d 1052, 1055 (9th Cir. 1997). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Roberto Quezada Pro Se
Movant(s):
The Bank of New York Mellon as Represented By
Robert P Zahradka
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
MECHANICS BANK VS
DEBTOR
Docket 7
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Since a chapter 7 case does not contemplate reorganization, the sole issue before the court when stay relief is sought under 11 U.S.C. § 362(d)(2) is whether the debtor has equity in the property. See e.g., Nev. Nat’l Bank v. Casgul of Nev., Inc. (In re Casgul of Nev., Inc.), 22 B.R. 65, 66 (9th Cir. BAP 1982); Ramco Indus. v. Preuss (In re Preuss), 15 B.R. 896 (9th Cir. BAP 1981). Appearances waived.
The subject property has a value of $22,350.00 and is encumbered by a perfected security interest in favor of the movant. That security interest secures a claim of $24,474.97. There is no equity in the subject property and no evidence that the trustee can administer the subject property for the benefit of creditors. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1).
The 14-day stay of FRBP 4001(a)(3) is ordered waived due to the fact that the movant’s collateral is being used by the debtor without compensation and is depreciating in value. All other relief is denied.
The movant shall submit an appropriate order.
10:00 AM
Debtor(s):
Roberto Alexander Rivas Oliva Sr. Represented By
Lauren M Foley
Joint Debtor(s):
Juana Rivas Represented By
Lauren M Foley
Movant(s):
MECHANICS BANK Represented By Vincent V Frounjian
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:00 AM
TOYOTA MOTOR CREDIT CORPORATION VS
DEBTOR
Docket 10
No opposition was filed. The court takes judicial notice of the chapter 7 debtor’s Statement of Intention filed in this case on January 25, 2019 in which the debtor stated an intention to surrender the property to movant.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Since a chapter 7 case does not contemplate reorganization, the sole issue before the court when stay relief is sought under 11 U.S.C. § 362(d)(2) is whether the debtor has equity in the property. See e.g., Nev. Nat’l Bank v. Casgul of Nev., Inc. (In re Casgul of Nev., Inc.), 22 B.R. 65, 66 (9th Cir. BAP 1982); Ramco Indus. v. Preuss (In re Preuss), 15 B.R. 896 (9th Cir. BAP 1981). Appearances waived.
The subject property has is leased by the debtor rendering him without equity in it. There is no evidence that the trustee can administer the subject property for the benefit of creditors. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1).
The 14-day stay of FRBP 4001(a)(3) is ordered waived due to the fact that the movant’s collateral is being used by the debtor without compensation and is depreciating in value. All other relief is denied.
The movant shall submit an appropriate order.
10:00 AM
Debtor(s):
Walter Ernesto Mendoza Funes Represented By Raymond Perez
Movant(s):
Toyota Motor Credit Corporation, Represented By
Austin P Nagel
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
DAIMLER TRUST VS
DEBTOR
Docket 111
- NONE LISTED -
Debtor(s):
Ameriquest Security Service Represented By Michael Jay Berger
Movant(s):
Daimler Trust Represented By
Randall P Mroczynski
2:00 PM
Adv#: 2:18-01093 Wike v. Hong
FR. 6-5-18; 6-26-18, 7-17-18, 8-14-18; 11-13-18
12-4-18; 12-18-18
Docket 1
None.
Debtor(s):
Michael T Hong Represented By Young K Chang
Defendant(s):
Michael T Hong Pro Se
Plaintiff(s):
Chalmers Wike Represented By Marc Lazarus
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:00 PM
Adv#: 2:19-01026 Schultz v. Schultz
Docket 1
None.
Debtor(s):
Marta Schultz Represented By Michael Jay Berger
Defendant(s):
Marta Schultz Pro Se
Plaintiff(s):
Erik Schultz Represented By
Sanaz S Bereliani
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 0
- NONE LISTED -
1:30 PM
fr. 5-16-18; 7-11-18; 9-12-18; 11-14-18; 1-30-19
Docket 57
- NONE LISTED -
Debtor(s):
Kevork N Ashkharian Represented By
David I Brownstein Joshua L Sternberg
Joint Debtor(s):
Sonia F Ashkharian Represented By
David I Brownstein Joshua L Sternberg
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 4-18-18; 6-13-18; 7-11-18; 9-12-18; 11-14-18
1-30-19
Docket 46
- NONE LISTED -
Debtor(s):
Jesus Cardenas Represented By Leonard Pena
Joint Debtor(s):
Maria Dora Cardenas Represented By Leonard Pena
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-6-19
Docket 114
- NONE LISTED -
Debtor(s):
Zoila Mercedes Salazar Represented By Jeffrey N Wishman
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 54
- NONE LISTED -
Debtor(s):
Alondria Renee Shelton Represented By Brad Weil
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 1-30-19
Docket 60
- NONE LISTED -
Debtor(s):
Alondria Renee Shelton Represented By Brad Weil
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-7-18; 1-30-19
Docket 59
- NONE LISTED -
Debtor(s):
John Dowers Represented By
Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 11-7-18; 1-16-19
Docket 61
- NONE LISTED -
Debtor(s):
Sabrina January Dethloff Represented By David P Farrell
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-14-18; 1-30-19
Docket 31
- NONE LISTED -
Debtor(s):
Rassoul Yazdipour Represented By Mark T Jessee
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 11-7-18;1-16-19
Docket 74
- NONE LISTED -
Debtor(s):
Todd A King Represented By
Julie J Villalobos
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-7-18; 1-16-19
Docket 69
- NONE LISTED -
Debtor(s):
Ramon Larios Rojas Represented By Todd L Turoci
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-14-18; 2-6-19
Docket 44
- NONE LISTED -
Debtor(s):
Joseph Jennings Represented By David L Speckman
Joint Debtor(s):
Monalisa E Jennings Represented By David L Speckman
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-14-18; 4-11-18; 5-16-18; 8-22-18; 9-12-18; 11-7-18
1-30-19
Docket 34
- NONE LISTED -
Debtor(s):
Keith Berglund Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-6-19
Docket 33
- NONE LISTED -
Debtor(s):
Mario Juarez Represented By
Brad Weil
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-14-18; 2-6-19; 3-13-19
Docket 46
- NONE LISTED -
Debtor(s):
Armando Diaz Represented By Christopher J Langley
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 101
- NONE LISTED -
Debtor(s):
Timothy Joseph Bussio Represented By Joshua L Sternberg
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Telephonic Hearing
[11 U.S.C. § 1307(c)(6)] fr 1-16-19; 2-27-19
Baruch Cohen to appear by telephone
Docket 64
None.
Debtor(s):
Mario G. Cardona Represented By Jaenam J Coe
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 1-30-19
Docket 20
- NONE LISTED -
Debtor(s):
Luis Vega Represented By
Heather J Canning
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 1-16-19; 2-27-19
Docket 49
- NONE LISTED -
Debtor(s):
James David Moore Represented By Matthew D. Resnik
Joint Debtor(s):
Bonita L. Moore Represented By Matthew D. Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 12-12-18; 1-30-19
Docket 31
- NONE LISTED -
Debtor(s):
Gail R Lenon Represented By
Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-7-18; 1-16-19
Docket 36
- NONE LISTED -
Debtor(s):
Charles Hansford Jr. Represented By Erika Luna
Joint Debtor(s):
Denise Hansford Represented By Erika Luna
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 1-30-19
Docket 34
- NONE LISTED -
Debtor(s):
Jerome Reynolds Represented By Heather J Canning Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-17-19
Docket 21
- NONE LISTED -
Debtor(s):
MATTHEW JOHN RASDEL Represented By
Raj T Wadhwani
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 45
- NONE LISTED -
Debtor(s):
Maria Luisa Viramontes Represented By Raymond J Seo
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 48
- NONE LISTED -
Debtor(s):
Neauman Wayne Morgan Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 38
- NONE LISTED -
Debtor(s):
Mckay San Represented By
Tina H Trinh
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 62
- NONE LISTED -
Debtor(s):
Anna M Soto Represented By
Yelena Gurevich
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 41
- NONE LISTED -
Debtor(s):
David King Represented By
Michelle A Marchisotto Sundee M Teeple
Joint Debtor(s):
Michelle King Represented By
Michelle A Marchisotto Sundee M Teeple
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 33
- NONE LISTED -
Debtor(s):
Edis Zamora Represented By
Luis G Torres
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Stipulation resolving Motion to Dismiss filed 3/15/19
Docket 44
On March 15, 2019, the parties filed a stipulation to resolve the matter.
The Court will review the lodged order. Accordingly, this matter is OFF CALENDAR. No appearance is required.
Debtor(s):
Pamela Golden-Rice Represented By
David Samuel Shevitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Telephonic Hearing
11 of PBR, LLC fr 2-6-19; 2-27-19
David B Lally to appear by telephone
Docket 107
This matter is CONTINUED to April 10, 2019 at 1:30 p.m.
Appearances waived.
Debtor(s):
Joseph Hoats Represented By
Alan W Forsley
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 20
Debtor objects to Clain No. 1 of LBS Financial Credit Union ("LBS") on the grounds that the secured claim includes the negative equity which was included in the loan from the early return of Debtor's prior leased vehicle.
Debtor asserts that the claim should be bifurcated into a secured claim in the amount of $26,080.29 and an unsecured claim of $6,100.00. LBS did not file a response to the objection but did file an amended claim. In the amended claim, LBS asserts a secured claim of $27,580.29 with the balance unsecured. The difference of $1,500 is the down payment Debtor made when he purchased the vehicle. LBS is applying that to the pay off of the prior vehicle. The Debtor applies it to the purchase price. The purchase contract controls how the down payment must be applied. In re Jones, 583 B.R. 749, 758 (Bankr. W.D. Wash. 2018); In re gray 382 B.R. 438, 442
(Bankr. E.D. Tenn. 2008); In re Siemers, 2011 WL 5598349 (Bankr. W.D. Wash. 2011). Here the down payment is not applied to reduce the negative equity. It is a down payment on the purchase price. Accordingly, the Debtor's objection is SUSTAINED.
Debtor(s):
Debtor is to prepare and upload an order sustaining the objection.
Charles William Humphrey Represented By Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 14
No opposition was filed.
The debtors' objection to proof of claim ("Claim No. 1") filed with the court’s Claims Register by Cavalry SPV II, LLC is SUSTAINED. The failure of the creditor to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(h) is considered as consent to the sustaining of the objection. LBR 9013-1(h). Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir.
1995). Further, the debtor has established a prima facie case for granting the relief requested. Appearances waived.
The objection is sustained. The court disallows Claim No. 1 as the four-year statute of limitations has expired on the account under California Code of Civil Procedure 337. The objecting party shall submit an appropriate order granting the relief requested pursuant to this tentative ruling.
Debtor(s):
Trina Lanette Ward Represented By Gregory M Shanfeld
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 17
No opposition was filed.
The debtors' objection to proof of claim ("Claim No. 2") filed with the court’s Claims Register by Cavalry SPV II, LLC is SUSTAINED. The failure of the creditor to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(h) is considered as consent to the sustaining of the objection. LBR 9013-1(h). Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir.
1995). Further, the debtor has established a prima facie case for granting the relief requested. Appearances waived.
The objection is sustained. The court disallows Claim No. 2 as the four-year statute of limitations has expired on the account under California Code of Civil Procedure 337. The objecting party shall submit an appropriate order granting the relief requested pursuant to this tentative ruling.
Debtor(s):
Trina Lanette Ward Represented By Gregory M Shanfeld
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 25
No Opposition was filed.
Debtor seeks to value debtor's PERSONAL PROPERTY, a 2014 Nissan Sentra, at a fair market value of $9,350. The subject property is secured by an interest held by Americredit Financial Services, securing a loan with a balance as of the petition date of approximately $15,407.94. The valuation motion is supported by evidence as to the value of the subject property. The content of the notice meets the due process requirement that it be "reasonably calculated, under all of the circumstances, to apprise interested parties of the pendency of the action and to afford them the opportunity to present their objections." Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 314 (1950). No opposition was filed. Therefore, Americredit Financial Services claim is only partially secured.
The debtors' motion is GRANTED. Americredit Financial Services's claim will be allowed as a secured claim only in the amount of $9,350. 11
U.S.C. § 506(a). As a result, the chapter 13 plan must provide for full payment of the secured portion of the claim over the life of the plan and pay the unsecured portion of the lien with other unsecured claims. 11 U.S.C. § 1325(a)(5)(B); see In re Enewally, 368 F.3d 1165, 1171-1172 (9th Cir. 2004), cert. den. 543 U.S. 1021, 125 S.Ct. 669 (2004).
Pursuant to LBR 9021-1(b)(1)(B), debtor must serve and lodge a proposed order via LOU within 7 days of the hearing.
Debtor(s):
Roberto Hurtado Argote Represented By Barry E Borowitz
1:30 PM
Joint Debtor(s):
Valerie Vivian Argote Represented By Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 12
The valuation motion is DENIED without prejudice.
Debtor must use the retail value of the car, and submit a Kelly Blue Book or N.A.D.A. Guide retail value or other such evidence of valuation.
Courts have employed a variety of vehicle valuation methods under § 506(a) (2), and presently the Ninth Circuit has not established a uniform method.
See In re Ayres, 2010 WL 652825 at *5 (Bankr. N.D. Cal.) (collecting cases detailing vehicle valuation and describing the state of the law in the Ninth Circuit). However, in In re Morales, the United States Bankruptcy Court for the Central District of California determined that retail value should be calculated "by adjusting the Kelley Blue Book or N.A.D.A. Guide retail value for a like vehicle by a reasonable amount in light of the evidence presented regarding the condition of the vehicle or any other relevant factors." In re Morales, 387 B.R. 36, 45 (Bankr. C.D. Cal. 2008). Appearances waived.
Debtor(s):
Movant is to upload a proposed order into the LOU system.
Jonathan Gomez Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
- 2008 BMW 5 Series
Docket 54
No Opposition was filed.
Debtor seeks to value debtor's PERSONAL PROPERTY, a 2008 BMW 550i, at a fair market value of $6,452. The subject property is secured by an interest held by NCEP,LLC, securing a loan with a balance as of the petition date of approximately $20,100.56. The valuation motion is supported by evidence as to the value of the subject property. The content of the notice meets the due process requirement that it be "reasonably calculated, under all of the circumstances, to apprise interested parties of the pendency of the action and to afford them the opportunity to present their objections." Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 314 (1950). No opposition was filed. Therefore, Americredit Financial Services claim is only partially secured.
The debtors' motion is GRANTED. NCEP,LLC's claim will be allowed as a secured claim only in the amount of $6,452. 11 U.S.C. § 506(a). As a result, the chapter 13 plan must provide for full payment of the secured portion of the claim over the life of the plan and pay the unsecured portion of the lien with other unsecured claims. 11 U.S.C. §1325(a)(5)(B); see In re Enewally, 368 F.3d 1165, 1171-1172 (9th Cir. 2004), cert. den. 543 U.S.
1021, 125 S.Ct. 669 (2004).
Pursuant to LBR 9021-1(b)(1)(B), debtor must serve and lodge a proposed order via LOU within 7 days of the hearing.
Debtor(s):
Joyce Annette Aguebor Represented By Philomena N Nzegge
1:30 PM
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
- 2009 Ford Focus SE
Docket 57
The valuation motion is DENIED without prejudice.
Debtor must use the retail value of the car, and submit a Kelly Blue Book or N.A.D.A. Guide retail value or other such evidence of valuation.
Courts have employed a variety of vehicle valuation methods under § 506(a) (2), and presently the Ninth Circuit has not established a uniform method.
See In re Ayres, 2010 WL 652825 at *5 (Bankr. N.D. Cal.) (collecting cases detailing vehicle valuation and describing the state of the law in the Ninth Circuit). However, in In re Morales, the United States Bankruptcy Court for the Central District of California determined that retail value should be calculated "by adjusting the Kelley Blue Book or N.A.D.A. Guide retail value for a like vehicle by a reasonable amount in light of the evidence presented regarding the condition of the vehicle or any other relevant factors." In re Morales, 387 B.R. 36, 45 (Bankr. C.D. Cal. 2008). Appearances waived.
Movant is to upload a proposed order into the LOU system.
Debtor(s):
Joyce Annette Aguebor Represented By Philomena N Nzegge
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Telephonic Hearing
fr. 2-6-19
Docket 15
Debtor(s):
Elvira Garcia Lobusta Represented By Caroline S Kim
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 50
None.
Debtor(s):
Kippy Lynn Miller Represented By Keith F Rouse
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Telephonic Hearing
fr 9-12-18; 11-14-18, 1-30-19
Stipulation to voluntarily dismiss motion filed 3/22/19
Docket 66
A stipulation resolving this motion and a notice of dismissal of this motion were filed on March 22, 2019. Accordingly, this matter is resolved and taken OFF CALENDAR. t Appearances waived.
Debtor(s):
Patricia Nickell Represented By Charles Shamash Joseph Caceres
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
BRT 26 LLC VS DEBTOR
Docket 31
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d) (2). The stay is terminated as to the debtor and the debtor’s bankruptcy estate with respect to the movant, its successors, transferees and assigns. Movant may enforce its remedies to obtain possession of the property in accordance with applicable law, but may not pursue a deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Appearances waived.
Movant served the debtor with a three-day notice to quit the premises on September 26, 2018. When the debtor failed to vacate the premises, an unlawful detainer action was filed and served on October 11, 2018. Debtor filed the bankruptcy petition on January 30, 2019 in an apparent effort to stay commencement of the unlawful detainer action. This motion has been filed to proceed with the unlawful detainer action. This action must go forward because the debtor’s right to possess the premises must be determined.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Pablo I Vargas Pro Se
Movant(s):
BRT 26 LLC, A Delaware Limited Represented By
Paul E Gold
Trustee(s):
John J Menchaca (TR) Pro Se
10:00 AM
CALIBER HOME LOANS VS
DEBTOR
Docket 21
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant has established a prima facie case that cause exists, and debtor has not responded with evidence establishing that the property is not declining in value or that movant is adequately protected. Appearances waived.
According to the evidence, movant has a claim secured by a lien on the subject property. The Court is unable to make a finding establishing the value of the property because movant has not provided an authenticated valuation of the property. There is no evidence that the debtor has made or tendered any payments to movant since the petition date. Accordingly, the Court finds "cause" for termination of the stay under 11 U.S.C. § 362(d)(1). Furthermore, the Court finds that the filing of the petition was part of a scheme to hinder, delay or defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or Court approval and multiple bankruptcy filings affecting the subject real property. 11 U.S.C. § 362(d)(4).
The 14-day period specified in FRBP 4001(a)(3) is waived. Provided
10:00 AM
the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11
U.S.C. § 362(d)(4). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Pablo I Vargas Pro Se
Movant(s):
Caliber Home Loans, Inc. Represented By Merdaud Jafarnia
Trustee(s):
John J Menchaca (TR) Pro Se
10:00 AM
ARIVO ACCEPTANCE LLC VS
DEBTOR fr 3-12-19
Docket 36
Debtor(s):
Jamal Thornton Represented By Kevin Tang
Movant(s):
Arivo Acceptance LLC Represented By Austin P Nagel
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
GATEWAY ONE LENDING & FINANCE VS
DEBTOR
Docket 24
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's Acura MDX. The debtor failed to pay 2 post-petition payments and voluntarily surrendered the Acura on February 21, 2019 . This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1) and (d)(2).
Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Anna M Black Represented By Lauren Rode
10:00 AM
Movant(s):
Gateway One Lending & Finance Represented By
Karel G Rocha
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
CONSUMER PORTFOLIO SERVICES, INC VS
DEBTOR
Erin McCartney to appear by telephone
Docket 25
None
Debtor(s):
Joann Dunbar Represented By Kahlil J McAlpin
Movant(s):
Consumer Portfolio Services, Inc. Represented By
Erin M McCartney
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
WELLS FARGO BANK, N.A. VS
DEBTOR
fr. 11-27-18; 12-18-18; 2-12-19
Cassandra Richey to appear by telephone
Docket 22
None.
Debtor(s):
Samuel Mendez Represented By Barry E Borowitz
Joint Debtor(s):
Veronica Olga Corza Represented By Barry E Borowitz
Movant(s):
Wells Fargo Bank, N.A. Represented By Cassandra J Richey
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
WELLS FARGO BANK, N.A. VS
DEBTOR
Cassandra Richey to appear by telephone
Docket 41
None.
Debtor(s):
Peter J Dragaloski Represented By
Amelia Puertas-Samara Hasmik Jasmine Papian
Joint Debtor(s):
Lara Mae Dragaloski Represented By
Hasmik Jasmine Papian
Movant(s):
Wells Fargo Bank, N.A. Represented By Marisol A Nagata John Chandler
Gwendolyn C McClain Cassandra J Richey
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
DEUTSCHE BANK NATIONAL TRUST COMPANY VS
DEBTOR
Daniel Fujumoto to appear by telephone
Docket 48
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Raul Gutierrez Represented By Raymond Perez
Joint Debtor(s):
Domitila Gutierrez Represented By Raymond Perez
Movant(s):
Deutsche Bank National Trust Represented By Daniel K Fujimoto Christina J O Caren J Castle
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
HSBC BANK USA, NATIONAL ASSOCIATION VS
DEBTOR
Docket 25
Debtor(s):
Frank Bonney Represented By Nicholas M Wajda
Movant(s):
HSBC Bank USA, National Represented By Milton Williams Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
GUILD MORTGAGE COMPANY VS
DEBTOR
Docket 24
Debtor(s):
Rosa Godoy Represented By
Matthew D. Resnik
Movant(s):
Guild Mortgage Company Represented By Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
MARTA SCHULTZ VS
DEBTOR
Michael Berger to appear by telephone Sanaz Bereliani to appear by telephone
Docket 54
No opposition was filed.
Having already granted the creditor-plaintiff's motion for relief from the automatic stay to determine the claims set forth in Erik Schultz vs. Martha Schultz, BC496841 [Docket No. 48] in the Los Angeles Superior Court, the defenant's motion for relief for a determination of cross-claims in the same court is GRANTED. Appearances waived.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Marta Schultz Represented By Michael Jay Berger
Movant(s):
Marta Schultz Represented By Michael Jay Berger
10:00 AM
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
Docket 12
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on March 5, 2019. This motion was filed on March 12, 2019, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtor seeks a continuation of the
10:00 AM
automatic stay as to the creditors listed on page 11-14 of the motion. Pursuant to the evidence presented, the Court GRANTS the relief requested in the motion based upon an apparent change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Lee Arthur Miller Represented By Joseph C Rosenblit
Joint Debtor(s):
Barbara Jean Miller Represented By Joseph C Rosenblit
Movant(s):
Lee Arthur Miller Represented By Joseph C Rosenblit
Barbara Jean Miller Represented By Joseph C Rosenblit
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
MORTGAGE MANAGEMENT CONSULTANTS, INC VS
DEBTOR fr 3-5-19
Erin McCartney to appear by telephone
Docket 40
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Christel A Beattie Represented By Devin Sawdayi
Movant(s):
Mortgage Management Consultants, Represented By
Erin M McCartney
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
LBS FINANCIAL CREDIT UNION VS
DEBTOR
Docket 9
No opposition was filed. The court takes judicial notice of the chapter 7 debtor’s Statement of Intention filed in this case on February 19, 2019 in which the debtor stated an intention to surrender the property to movant.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Since a chapter 7 case does not contemplate reorganization, the sole issue before the court when stay relief is sought under 11 U.S.C. § 362(d)(2) is whether the debtor has equity in the property. See e.g., Nev. Nat’l Bank v. Casgul of Nev., Inc. (In re Casgul of Nev., Inc.), 22 B.R. 65, 66 (9th Cir. BAP 1982); Ramco Indus. v. Preuss (In re Preuss), 15 B.R. 896 (9th Cir. BAP 1981). Appearances waived.
The subject property has a value of $10,860 and is encumbered by a perfected security interest in favor of the movant. That security interest secures a claim of $13,396.08. There is no equity in the subject property and no evidence that the trustee can administer the subject property for the benefit of creditors. Also, the debtor has not provided movant with proof of insurance on the subject property. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1).
The 14-day stay of FRBP 4001(a)(3) is ordered waived due to
10:00 AM
the fact that the movant’s collateral is being used by the debtor without compensation and is depreciating in value. All other relief is denied.
Debtor(s):
The movant shall submit an appropriate order.
Gregory Joseph Hack Represented By Daniel King
Movant(s):
LBS Financial Credit Union Represented By Karel G Rocha
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
Telephonic Hearing
AMERIHOME MORTGAGE COMPANY LLC VS
DEBTOR
Case dismissed 3/5/19
Megan E Lees to appear by telephone
Docket 11
This is motion seeking either confirmation that no stay was in effect at the time of the foreclosure sale or annulling the stay. The foreclosure sale occurred on February 14, 2019. The debtor filed the chapter 13 case on February 15, 2019. The case was dismissed on March 5, 2019. The sale occurred prior to the petition date, No stay was in effect because the petition had not been filed as of that date. The Court will not issue an order that no stay was in effect at the time of the sale because there was no case pending at that time. No order is necessary. Nor is there any need for annulment of the stay. To the extent Movant is concerned that the foreclosure trustee will not issue a trustee's deed upon sale because of the bankruptcy case, this also is not an issue since the case has been dismissed. The motion is DENIED.
Appearances waived.
Debtor(s):
Angela Yvonne Diaz-Valencia Pro Se
Movant(s):
AmeriHome Mortgage Company, Represented By
10:00 AM
Trustee(s):
Robert P Zahradka
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:19-01038 Ehrenberg v. Niu et al
Docket 1
None.
Debtor(s):
NCI Apparel, Inc. Represented By Todd B Becker
Defendant(s):
William L. Niu Pro Se
William L. Niu, A Professional Law Pro Se
Plaintiff(s):
Howard M. Ehrenberg Represented By Claire K Wu
Trustee(s):
Howard M Ehrenberg (TR) Represented By Claire K Wu
2:00 PM
Adv#: 2:18-01381
Garza v. Cardona
Telephonic Hearing
Baruch Cohen to appear by telephone
Docket 22
The Motion is GRANTED in part and DENIED in in part pursuant to Fed.R.Civ.P. 12(f). Appearances are required. The Court will hear argument on the Motion.
Under Rule 12(f), "the court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter." Fed.R.Civ.P. 12(f). Facts are "immaterial" within the meaning of Rule 12(f) when they "ha[ve] no bearing on the controversy before the court." Mazzeo v. Gibbons, 649 F. Supp. 2d 1182, 1201 (D. Nev. 2009) (emphasis added) (citing In re 2TheMart.com, Inc. Sec. Litig., 114 F.Supp.2d 955, 965 (C.D.Cal.2000). In the instant case, the plaintiff brings a claim for non- dischargeability under of his claim under 11 U.S.C. § 1328(a)(4). Certain facts presented by the plaintiff--asserting or supporting an argument that the debtor filed the underlying chapter 13 case in bad faith--have no bearing on nondischargeability. As such, the Court finds such facts immaterial and the debtor-defendant’s Motion is granted with respect to any bad-faith allegations found in paragraphs 26, 33, 34, and 35 plaintiff’s amended complaint.
Within the meaning Rule of 12(f), a "scandalous pleading is one that improperly casts a derogatory light on someone, most typically on a party to the action." Cortina v. Goya Foods, Inc., 94 F. Supp. 3d 1174, 1182 (S.D. Cal. 2015) (internal quotes omitted) (citing Aoki v. Benihana, Inc., 839 F.Supp.2d 759, 764 (D.Del.2012)). The mere fact, "that the allegations may cast the
2:00 PM
defendant in a ‘derogatory light’ is insufficient to warrant the striking of allegations from the complaint." Sirois v. E. W. Partners, Inc., 285 F. Supp. 3d 1152, 1162 n.8 (D. Haw. 2018) (internal quotes and brackets omitted) (quoting Weng v. Solis, 842 F.Supp.2d 147, 160 (D.D.C. 2012). Here, while the plaintiff’s remaining allegations may be derogatory, they are nonetheless relevant to the determination of willful or malicious conduct under 11 U.S.C. § 1328(a)(4). Thus, that the remaining allegations may be derogatory is not alone sufficient to strike them and the debtor-defendant’s Motion is denied with respect to the balance of the plaintiff’s amended complaint.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Mario G. Cardona Represented By Marcus G Tiggs
Defendant(s):
Mario G. Cardona Represented By Marcus G Tiggs
Plaintiff(s):
Daniel Garza Represented By
Baruch C Cohen
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01381
Garza v. Cardona
Telephonic Hearing
fr. 1-22-19; 1-29-19
Baruch Cohen to appear by telephone
Docket 1
None.
Debtor(s):
Mario G. Cardona Represented By Jaenam J Coe
Defendant(s):
Mario G. Cardona Pro Se
Plaintiff(s):
Daniel Garza Represented By
Baruch C Cohen
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:19-01026 Schultz v. Schultz
Docket 6
- NONE LISTED -
Debtor(s):
Marta Schultz Represented By Michael Jay Berger
Defendant(s):
Marta Schultz Represented By Michael Jay Berger
Movant(s):
Marta Schultz Represented By Michael Jay Berger
Plaintiff(s):
Erik Schultz Represented By
Sanaz S Bereliani
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01247 Anyadike v. BANK OF NEW YORK MELLON et al
Docket 25
None.
Debtor(s):
Charles Olisekeni Anyadike Represented By
Anthony Obehi Egbase Onyinye N Anyama
Defendant(s):
BANK OF NEW YORK MELLON Represented By
Robert W Norman Jr
BAYVIEW LOAN SERVICING, Represented By
Robert W Norman Jr
Bank of America, N.A Represented By Adam N Barasch
Ditech Financial Represented By Christopher O Rivas
DOES 1 through 10, inclusive Pro Se
Plaintiff(s):
Charles Olisekeni Anyadike Represented By
Anthony Obehi Egbase
2:00 PM
2:00 PM
Adv#: 2:18-01247 Anyadike v. BANK OF NEW YORK MELLON et al
declaratory relief regarding The Bindingness of confirmed Chapter 11 Plan
injunctive or other equitable relief
fr 10-2-18; 11-6-18; 12-18-18; 1-22-19; 2-26-19
Docket 1
None.
Debtor(s):
Charles Olisekeni Anyadike Represented By
Anthony Obehi Egbase Onyinye N Anyama
Defendant(s):
BANK OF NEW YORK MELLON Pro Se BAYVIEW LOAN SERVICING, Pro Se
Bank of America, N.A Pro Se
Ditech Financial Pro Se
DOES 1 through 10, inclusive Pro Se
Plaintiff(s):
Charles Olisekeni Anyadike Represented By
Anthony Obehi Egbase
2:00 PM
fr. 3-7-19; 3-12-19; 3-19-19
Moises Bardavid to appear by telephone Ian Landsberg to appear by telephone
Docket 245
None.
Debtor(s):
Philip L. Marchiondo Represented By Ian Landsberg
Movant(s):
Landsberg Law, APC Represented By Ian Landsberg
10:00 AM
relief from stay [RP]
STONEHAVEN LLC VS
DEBTOR
fr 9-21-18; 11-9-18; 11-16-18; 12-5-18; 3-11-19; 3-6-19
Docket 30
Debtor(s):
4402 Mammoth Investors, LLC Represented By Mark T Young
Movant(s):
Stonehaven LLC Represented By Michael H Weiss
10:00 AM
Docket 118
Debtor(s):
4402 Mammoth Investors, LLC Represented By Mark T Young
Greenberg Glusker
10:00 AM
Docket 1085
Appearances are required.
The Court will hear oral argument on the Motion.
The Reorganized Debtor confirmed his plan of reorganization on February 5, 2016 and the property that was property of the estate revested in the Reorganized Debtor at that time. A final decree was entered on October 11, 2017. The plan was substantially consummated at that time. The Reorganized Debtor now seeks an order from this Court under section 364(d) and 361 to essentially authorize it to refinance two loans with One United Bank and to require One United to accept the payment of principal for the release of its liens. The Reorganized Debtor offers other collateral as adequate protection for the remaining claims of One United for attorneys fees, costs and late charges which are the subject of ongoing state court litigation. The Reorganized Debtor also asserts that he has claims of offset which would substantially reduce any amounts that may be owing to One United.
The plain language of 11 U.S.C. § 364(d)(1) limits its application to "property of the estate." In re Hickey Properties, Ltd., 181 B.R. 173, 174 (Bankr. D. Vt. 1995) ("By its express terms, § 364(d)(1) only authorizes a superpriority lien on ‘property of the estate.’ "). Under § 541(a), all of a debtor’s property—that is not expressly excluded under § 541(b)—becomes property of the estate on the petition date. 11 U.S.C. § 541(a)-(b). Under § 1141(b), however, "the confirmation of a [chapter-11] plan [re]vests all property of the estate in the debtor." 11 U.S.C. § 1141(b). Because § 364 reaches only property of the estate, it is not applicable to property revested in a reorganized debtor. Thus, after confirmation of a chapter 11 plan, § 364(d)
(1) is not available to a reorganized debtor as a mechanism to alter the rights
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of a secured creditor with respect to its collateral. Hickey Properties, 181
B.R. at 174; see In re City of Detroit, 524 B.R. 147, 276 (Bankr. E.D. Mich. 2014) ("§ 364 does not apply to post-confirmation exit financing"); In re Les Ruggles & Sons, Inc., 222 B.R. 344, 345 (Bankr.D.Neb.1998) ("section 364(d)
(1) does not apply to post-confirmation borrowings"); see also In re SAI Holdings Ltd., No. 06–33227, 2012 WL 3201893, at *7 (Bankr.N.D.Ohio Aug. 3, 2012).
Here, the debtor seeks an order from this Court: (a) forcing the release of the secured creditor’s liens on the subject real properties; for less than the amount in their demand; and (b) granting the secured creditor a replacement lien—of contested value—in a proposed escrow account. The relief sought by the debtor is not permitted because the debtor confirmed a chapter 11 plan that revested the subject real property in the debtor. Because the subject real properties are not property of the estate, no relief is available to the debtor under §364. Hickey Properties, 181 B.R. at 174.
Therefore, the Motion is DENIED. One United shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Massoud Tayyar Represented By
Rachel S Milman Esq Mark E Goodfriend George E Akwo
10:00 AM
fr 12-20-18
Docket 0
None.
Debtor(s):
Evaristo Ortiz Represented By
Anthony Obehi Egbase
10:00 AM
fr. 8-16-18; 11-8-18, 2-7-19; 3-7/19
Docket 15
The status conference is CONTINUED to May 9, 2019 at 10:00 a.m.
Appearances waived.
Debtor(s):
Randal D. Haworth M.D. Inc. Represented By Stella A Havkin
10:00 AM
Docket 19
This matter is continued to April 11, 2019 at 10:00 a.m. Appearances waived.
Debtor(s):
Old Firehouse of Pomona, LLC Represented By Raymond H. Aver
10:00 AM
fr 12-20-18; 2-28-19
Docket 108
None.
Debtor(s):
Wajida Alhambra Represented By
Anthony Obehi Egbase Crystle Jane Lindsey
W. Sloan Youkstetter
10:00 AM
Docket 153
- NONE LISTED -
Debtor(s):
Benjamin Isaac Menjivar Represented By Giovanni Orantes Luis A Solorzano
Joint Debtor(s):
Sara Aura Menjivar Represented By Giovanni Orantes Luis A Solorzano
10:00 AM
Docket 63
None.
Debtor(s):
Robert Gabriel Represented By Onyinye N Anyama
Movant(s):
Robert Gabriel Represented By Onyinye N Anyama
10:00 AM
fr. 11-8-18; 2-7-19
Docket 0
None.
Debtor(s):
Robert Gabriel Represented By Onyinye N Anyama
10:00 AM
Docket 127
None.
Debtor(s):
Ameriquest Security Service Represented By Michael Jay Berger
10:00 AM
Docket 133
Debtor(s):
None.
Ameriquest Security Service Represented By Michael Jay Berger
10:00 AM
Docket 289
No opposition was filed.
The court has reviewed the Application of Leslie Cohen law, PC for the Allowance of Fees and Reimbursement of Expenses. The court GRANTS the Application and awards $64,87100 in fees and $1,968.33 in costs, for a total of $66,839.33. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Debtor(s):
Debtor’s/Debtors’ counsel is to lodge an appropriate order.
Cedric Leonardi Represented By Leslie A Cohen
Mark E Goodfriend
10:00 AM
Docket 292
None.
Debtor(s):
Cedric Leonardi Represented By Leslie A Cohen
Mark E Goodfriend
10:00 AM
and Directing Payment of Administrative Expense Pursuant to 11 U.S.C. Section 503(b)(1)
Stipulation resolving matter filed 4-02-19
Docket 326
The parties filed a stipulation resolving this matter on April 2, 2019.
The Court has reviewed the stipulation and will enter the order approving the stipulation. This matter is taken OFF CALENDAR. Appearances waived.
Debtor(s):
PH DIP, Inc Represented By
Robert P Goe Stephen Reider
10:00 AM
Docket 327
- NONE LISTED -
Debtor(s):
PH DIP, Inc Represented By
Robert P Goe Stephen Reider
10:00 AM
Docket 328
- NONE LISTED -
Debtor(s):
PH DIP, Inc Represented By
Robert P Goe Stephen Reider
10:00 AM
Docket 330
- NONE LISTED -
Debtor(s):
PH DIP, Inc Represented By
Robert P Goe Stephen Reider
2:00 PM
Wesley Avery
Docket 49
None.
Final Ruling. This fee application has been set for hearing on the notice required by LBR 9013-1(d)(2) and other applicable rules. The failure of the debtor and parties in interest to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(f) is considered as consent to the granting of the motion. LBR 9013-1(h). CF. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). No appearance is allowed.
Wesley H. Avery. Wesley H. Avery ("Trustee") has filed a Final Report and Application for Compensation and reimbursement of expenses pursuant to 11 U.S.C. §§ 326 & 330. Trustee has itemized $5,395.39 in fees and $244.00 in expenses, for a total of $5,639.39. No creditor or other party in interest, including the United States trustee, has filed an objection to the application.
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee’s services, payable after the trustee renders such services, not to exceed 25% of the first $5,000 or less, 10% on any amounts in excess of $5,000 but not in excess of
$50,000, 5% on any amount in excess of $50,000 but not in excess of
$1,000,000, and reasonable compensation not to exceed 3% of such moneys
2:00 PM
in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
In this case, the total money disbursed or turned over in the case by the Trustee to parties in interest, excluding the debtor, is $100,000.00. There being no extraordinary circumstances present in this case, the trustee’s requested compensation is presumed reasonable since it is sought at the statutory rate. In re Salgado-Nava, 473 B.R. 911 (9th Cir. BAP 2012).
The court finds that the Trustee’s requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is APPROVED.
Debtor(s):
Robert M Davis Represented By Julie J Villalobos
Joint Debtor(s):
Candace J Davis Represented By Julie J Villalobos
Trustee(s):
Wesley H Avery (TR) Represented By Charles Shamash Joseph E. Caceres
2:00 PM
Docket 45
Caceres & Shamash, LLP: The court has reviewed the Application of Caceres & Shamash, LLP for the Allowance of Fees and Reimbursement of Expenses. The court GRANTS the Application and awards $9,520.00 in fees and $329.93 in expenses, for a total of $9,849.93. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Debtor(s):
Trustee is to lodge an appropriate order.
Robert M Davis Represented By Julie J Villalobos
Joint Debtor(s):
Candace J Davis Represented By Julie J Villalobos
Trustee(s):
Wesley H Avery (TR) Represented By Charles Shamash Joseph E. Caceres
2:00 PM
Docket 46
Hahn Fife & Company: The court has reviewed the Application of Hahn Fife & Company for the Allowance of Fees and Reimbursement of Expenses. The court GRANTS the Application and awards $1,302.00 in fees and $210.00 in expenses, for a total of $1,512.00. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Trustee is to lodge an appropriate order.
Debtor(s):
Robert M Davis Represented By Julie J Villalobos
Joint Debtor(s):
Candace J Davis Represented By Julie J Villalobos
Trustee(s):
Wesley H Avery (TR) Represented By Charles Shamash Joseph E. Caceres
2:00 PM
and Clear of Liens and Claims, (2) To Authorize Payment of Real Estate Brokers' Commissions,
and (3) For Turnover Against Debtor and Its Principal, KYMM Snowden
Docket 30
None.
Debtor(s):
Solomon & King Management Represented By Michael Avanesian
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Sonia Singh
2:00 PM
of Tesser Ruttenberg & Grossman LLP (Claim No. 9-1)
(Judge Saltzman case)
Fr. 3/7/19
Docket 510
The Court has reviewed the Trustee's Motion objection to Claim No. 9, the opposition and the reply. Based thereon, the Court concludes that issues of fact exist, at minimum, with respect to whether laches applies to the Trustee's objection to the Claim and as to the merits of the objection, whether and to what extent Dr. Hertz assigned his membership interests in Forever Entertainment LLC and received monies in connection therewith. As a result, the Court believes this matter should be scheduled for an evidentiary hearing and the April 4 hearing will be a status conference to address the timing of the evidentiary hearing and the extent to which discovery is needed.
Debtor(s):
John Edward Hertz Represented By Stella A Havkin
M. Jonathan Hayes
Joint Debtor(s):
Diane Gamroth Hertz Represented By Stella A Havkin
M. Jonathan Hayes
Trustee(s):
Elissa Miller (TR) Represented By Daniel A Lev
2:00 PM
Docket 17
None.
Debtor(s):
Thomas D. Bohlmann Represented By Paul R Shankman
James Andrew Hinds Jr Rachel M Sposato
10:00 AM
CAPITAL ONE AUTO FINANCE VS
DEBTOR
Docket 24
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's Nissan Cube. The debtor has failed to pay 5 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1) and (d)(2). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d).
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Vincent E Cryer Represented By Jeffrey N Wishman
10:00 AM
Movant(s):
Capital One Auto Finance, a division Represented By
Cheryl A Skigin
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
EXETER FINANCE, LLC VS
DEBTOR
Docket 32
None.
Debtor(s):
Uaina Maea Represented By
William J Smyth Stephen S Smyth
Joint Debtor(s):
Mina Maea Represented By
William J Smyth Stephen S Smyth
Movant(s):
Exeter Finance, LLC Represented By Cheryl A Skigin
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
DEUTSCHE BANK NATIONAL TRUST COMPANY VS
DEBTOR
Dane Exnowski to appear by telephone
Docket 41
Debtor's case was dismissed on February 20, 2019; however, because movant has requested in rem relief the court will retain its jurisdiction to hear the matter under 11 U.S.C. § 362.
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay any post- petition payments. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. Provided the order is recorded in compliance with applicable state law, the order
10:00 AM
granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11
U.S.C. § 362(d)(4). The stay is annulled retroactive to the petition date, so that enforcement actions taken by movant, if any, before receipt of notice of the automatic stay will not be deemed to have been voided by the automatic stay. See Nat’l Envtl. Waste Corp. v. City of Riverside (In re Nat’l Envtl. Waste Corp.), 129 F.3d 1052, 1055 (9th Cir. 1997). The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Jong Wo Hong Pro Se
Movant(s):
Deutsche Bank National Trust Represented By
Dane W Exnowski
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
CITIBANK, N.A.
VS
DEBTOR
Case dismissed 3/15/19
Docket 12
Debtor's case was dismissed on February 20, 2019; however, because movant has requested in rem relief the court will retain its jurisdiction to hear the matter under 11 U.S.C. § 362.
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay any post- petition payments. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this
10:00 AM
title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11
U.S.C. § 362(d)(4). The stay is annulled retroactive to the petition date, so that enforcement actions taken by movant, if any, before receipt of notice of the automatic stay will not be deemed to have been voided by the automatic stay. See Nat’l Envtl. Waste Corp. v. City of Riverside (In re Nat’l Envtl. Waste Corp.), 129 F.3d 1052, 1055 (9th Cir. 1997). The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Karen Galindo Pro Se
Movant(s):
Citibank, N.A., not in its individual Represented By
Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 11
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on March 11, 2019. This motion was filed on March 18, 2019, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to the creditors listed on page 1 -4 of docket entry 14. Pursuant to the evidence presented, the Court GRANTS the relief requested
10:00 AM
in the motion based upon an apparent change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Kevin D. Brown Represented By Daniela P Romero
Movant(s):
Kevin D. Brown Represented By Daniela P Romero Daniela P Romero
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 9
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on March 22, 2019. This motion was filed on March 29, 2019, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to the creditors listed on page 11 - 13 of the motion at Docket No. 9. Pursuant to the evidence presented, the Court GRANTS the relief requested
10:00 AM
in the motion based upon an apparent change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Jesus Tecuanhuey Garcia Represented By Jaime A Cuevas Jr.
Movant(s):
Jesus Tecuanhuey Garcia Represented By Jaime A Cuevas Jr. Jaime A Cuevas Jr. Jaime A Cuevas Jr.
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WILMINGTON SAVINGS FUND SOCIETY VS
DEBTOR
Docket 33
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant has established a prima facie case that cause exists, and debtor has not responded with evidence establishing that the property is not declining in value or that movant is adequately protected. Appearances waived.
According to the evidence, movant has a claim in the amount of
$559,282.23 secured by a lien on the subject property. The Court is unable to make a finding establishing the value of the property because movant has not provided an authenticated valuation of the property. There is no evidence that the debtor has made or tendered any payments to movant since the petition date. Accordingly, the Court finds "cause" for termination of the stay under 11 U.S.C. § 362(d)(1). Furthermore, the Court finds that the filing of the petition was part of a scheme to hinder, delay or defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or Court approval and multiple bankruptcy filings affecting the subject real property. 11 U.S.C. § 362(d)(4).
The 14-day period specified in FRBP 4001(a)(3) is waived. Provided
10:00 AM
the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11
U.S.C. § 362(d)(4). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Pablo I Vargas Pro Se
Movant(s):
Wilmington Savings Fund Society, Represented By
Erin M McCartney
Trustee(s):
John J Menchaca (TR) Pro Se
10:00 AM
MISSION HEN LLC VS
DEBTOR
Docket 13
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant has established a prima facie case that cause exists, and debtor has not responded with evidence establishing that the property is not declining in value or that movant is adequately protected. Appearances waived.
The subject property has a value of $511,143 and is encumbered by a perfected deed of trust or mortgage in favor of the movant. The liens against the property total $617,057. There is no equity and there is no evidence that the property is necessary to a reorganization or that the trustee can administer the property for the benefit of creditors. The Ninth Circuit has established that an equity cushion of 20% constitutes adequate protection for a secured creditor. Pistole v. Mellor (In re Mellor), 734 F.2d 1396, 1401 (9th Cir. 1984); see Downey Sav. & Loan Ass’n v. Helionetics, Inc. (In re Helionetics, Inc.), 70 B.R. 433, 440 (Bankr. C.D. Cal. 1987) (holding that a 20.4% equity cushion was sufficient to protect the creditor’s interest in its collateral). However, whether an equity cushion of any particular size provides adequate protection for a creditor’s security interest in the debtor’s property depends on a consideration of all circumstances.
10:00 AM
In this case, the debtor was delinquent 12 installments on the loan secured by the subject property at the time this motion was filed. There is no evidence that debtor or trustee has made or tendered any payments to movant since commencement of the case. This is cause to terminate the stay under 11 U.S.C. § 362(d)(1).
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Miguel Resendez Cortez Represented By Steven B Lever
Movant(s):
Mission Hen LLC Represented By James J Stoffel
Trustee(s):
Heide Kurtz (TR) Pro Se
10:00 AM
U.S. BANK TRUST NATIONAL ASSOCIATION VS
DEBTOR
Docket 75
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(2) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the real property. The subject property has a value of
$700,000.00 and is encumbered by a perfected security interest in favor of the movant. That security interest secures a claim of $409,158.82. In addition, there are judicial liens against the property in excess of $2,000,000. There is no equity in the subject property. This is cause entitling movant to relief from automatic stay. In addition, Debtor has not opposed the motion. Debtor's schedules indicate that the subject property is owned by Alicia Ortiz. Debtor's case was converted to one under chapter 7 on April 2, 2019.
Therefore, the property is not necessary to an effective reorganization. The Motion is also granted under 11 U.S.C. § 362(d)(2).
In addition, the Court finds that the case was filed with the intent to hinder, delay and defraud creditors as a result of multiple bankruptcy cases being filed with respect to the property. The Motion is also granted under 11
U.S.C. § 362(d)(4) Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject
10:00 AM
property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
Debtor(s):
The movant shall submit an appropriate order.
Evaristo Ortiz Represented By
Anthony Obehi Egbase
Movant(s):
U.S. Bank Trust National Represented By Kelly M Raftery
10:00 AM
Telephonic Hearing
Michael Avanesian to appear by telephone
Docket 21
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on March 14, 2019. This motion was filed on March 20, 2019, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
10:00 AM
According to the evidence, debtor seeks a continuation of the automatic stay as to the creditor listed on page 10 of the motion at Docket No. 25. Pursuant to the evidence presented, the Court GRANTS the relief requested in the motion based upon an apparent change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor(s):
Bertha Elena Castillo Represented By Michael Avanesian
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 52
None.
Debtor(s):
John Julian Kelly Represented By Keith F Rouse
Joint Debtor(s):
Monica Lorrain Kelly Represented By Keith F Rouse
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
PRD, LLC VS DEBTOR
Docket 10
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d) (2). The stay is terminated as to the debtor and the debtor’s bankruptcy estate with respect to the movant, its successors, transferees and assigns. Movant may enforce its remedies to obtain possession of the property in accordance with applicable law, but may not pursue a deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Appearances waived.
Movant completed a nonjudicial foreclosure sale on the real property formerly owned by, and still occupied by, the debtor. Under California law, once a nonjudicial foreclosure sale has occurred, the trustor has no right of redemption. Moeller v. Lien, 25 Cal. App. 4th 822, 831 (1994). In this case, the debtor has no right to ignore the foreclosure and attempt to reorganize the debt.
Movant served the debtor with a three-day notice to quit the premises on January 17, 2019. When the debtor failed to vacate the premises, an unlawful detainer action was filed and served on January 29, 2019. A judgment was entered on February 27, 2019. Debtor filed the bankruptcy petition on March 13, 2019 in an apparent effort to stay enforcement of the unlawful detainer action. This motion has been filed to proceed with the unlawful detainer action. This action must go forward because the debtor’s right to possess the premises must be determined.
10:00 AM
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Stephanias Chavois Pro Se
Movant(s):
PRD, LLC Represented By
Luke P Daniels
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
CAPITAL ONE AUTO FINANCE VS
DEBTOR fr. 3-26-19
Docket 45
Debtor(s):
Teresa Jones Represented By
Eva M Hollands
Movant(s):
Capital One Auto Finance, a division Represented By
Cheryl A Skigin
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
U.S. BANK NA VS
DEBTOR fr. 3-26-19
Megan E. Lees to appear by telephone
Docket 63
Tentative Ruling for April 9, 2019:
Debtor appeared at the hearing on March 26, 2019 and stated that his counsel was unavailable but that he wished to oppose the motion and hire new counsel. The Court continued the hearing to April 9 and required opposition to be filed by April 5, 2019. No opposition has been filed. The Court will grant the motion as provided in the March 26, 2019 tentative ruling.
Tentative Ruling for March 26, 2019:
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the
10:00 AM
debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 5 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Juan Ramirez-Juarez Represented By
Jessica De Anda Leon
Joint Debtor(s):
Marisela Ramirez-Flores Represented By
Jessica De Anda Leon
Movant(s):
U.S. Bank NA, successor trustee to Represented By
Robert P Zahradka
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01286 Parra v. Andrade
fr. 11-6-18
Docket 1
None.
Debtor(s):
Miguel Parra Represented By
A Mina Tran
Defendant(s):
Ana Andrade Represented By
David L Prince Miles L Prince
Evan Alexandra Clark
Plaintiff(s):
Miguel Parra Represented By
Miles L Prince A Mina Tran
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:19-01045
Old Firehouse of Pomona, LLC v. 100 E. Alvarado St LLC Telephonic Hearing
Yevgeniya (Jane) M Kutepova to appear by telephone
Docket 1
This matter is continued to April 23, 2019 at 2:00 p.m. Appearances waived.
Debtor(s):
Old Firehouse of Pomona, LLC Represented By Raymond H. Aver
Defendant(s):
100 E. Alvarado St LLC Represented By Yevgeniya Kutepova
Plaintiff(s):
Old Firehouse of Pomona, LLC Represented By Raymond H. Aver
2:00 PM
Adv#: 2:18-01256
Katz v. R & R Management, LLC et al
Telephonic Hearing
fr. 10-9-18; 11-27-18, 1-29-19; 2-26-19
James R. Selth to appear by telephone
Docket 1
The parties have filed a motion to approve their settlement, which if approved will result in dismissal of this adversary proceeding. The status conference is continued to May 14, 2019 at 2:00 p.m. to allow time to run for opposition to the settlement motion and for an order to be entered on the settlement motion. Appearances waived.
Debtor(s):
Little Saigon Supermarket, LLC Represented By Elaine Nguyen Daniel J Weintraub
Amelia Puertas-Samara Nina Z Javan
Defendant(s):
R & R Management, LLC Represented By Ian Landsberg
James Hung Nguyen Represented By Timothy F Umbreit Thomas K Emmitt
2:00 PM
Biogreen Unlimited, Inc Represented By Timothy F Umbreit Thomas K Emmitt
Plaintiff(s):
Ira Benjamin Katz Represented By James R Selth
2:00 PM
Adv#: 2:18-01281
Katz v. Nguyen et al
Telephonic Hearing
avoidance of fraudulent transfers pursuant to 11 U.S.C. Section 544 and 548
recovery of fraudulent transfers pursuant to 11 U.S.C. Section 550
objection to proof of claim
disallowance of claim pursuant to 11 U.S.C. Section 502(d) and (j)
fr 11-6-18; 11-27-18, 1-29-19; 2-26-19
Docket 1
The parties have filed a motion to approve their settlement, which if approved will result in dismissal of this adversary proceeding. The status conference is continued to May 14, 2019 at 2:00 p.m. to allow time to run for opposition to the settlement motion and for an order to be entered on the settlement motion. Appearances waived.
Debtor(s):
Little Saigon Supermarket, LLC Represented By Elaine Nguyen Daniel J Weintraub
Amelia Puertas-Samara Nina Z Javan
Defendant(s):
Jasmine Hoa Nguyen Represented By
2:00 PM
Timothy F Umbreit
Biogreen Unlimited, Inc. Represented By Thomas K Emmitt Timothy F Umbreit
Plaintiff(s):
Ira Benjamin Katz Represented By James R Selth Nina Z Javan
2:00 PM
Adv#: 2:18-01310
Crescent Associates LLC v. Dror
Telephonic Hearing
fr 2-26-19; 3-19-19
[ORAL RULING]
Steven A. Morris to appear by telephone
Docket 26
None.
Debtor(s):
Crescent Associates, LLC. Represented By Robert M Yaspan
Defendant(s):
Eyal Ben Dror Represented By Michael P Rubin
Plaintiff(s):
Crescent Associates LLC Represented By Robert M Yaspan
2:00 PM
Adv#: 2:18-01310
Crescent Associates LLC v. Dror
Telephonic Hearing
fr 2-26-19; 3-19-19
[ORAL RULING]
Steven A. Morris to appear by telephone
Docket 16
None.
Debtor(s):
Crescent Associates, LLC. Represented By Robert M Yaspan
Defendant(s):
Eyal Ben Dror Represented By Michael P Rubin
Movant(s):
Crescent Associates LLC Represented By Robert M Yaspan
Plaintiff(s):
Crescent Associates LLC Represented By Robert M Yaspan
2:00 PM
Adv#: 2:18-01310
Crescent Associates LLC v. Dror
Telephonic Hearing
[ORAL RULING]
Steven A. Morris to appear by telephone
Docket 1
None.
Debtor(s):
Crescent Associates, LLC. Represented By Robert M Yaspan
Defendant(s):
Eyal Ben Dror Pro Se
Plaintiff(s):
Crescent Associates LLC Represented By Robert M Yaspan
10:00 AM
Docket 0
- NONE LISTED -
1:30 PM
U.S.C. §1307(c)
fr. 9-20-17; 11-15-17; 1-31-18; 3-28-18; 4-18-18
6-27-18; 9-12-18; 11-14-18
fr 2-6-19
Docket 60
- NONE LISTED -
Debtor(s):
Inna Dmitriev Represented By Elena Steers
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 12-12-18
fr 2-6-19
Docket 49
- NONE LISTED -
Debtor(s):
Milton David Avalos Represented By Ali R Nader
Nathan A Berneman
Joint Debtor(s):
Ana Daisy Lima Represented By Ali R Nader
Nathan A Berneman
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-14-18
fr 2-6-19
Docket 84
- NONE LISTED -
Debtor(s):
Lynette Marie Baker Represented By Axel H Richter
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 10-17-18; 12-12-18; 2-6-19
Docket 143
- NONE LISTED -
Debtor(s):
Laura Hernandez Represented By Michael F Frank
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 10-17-18; 12-12-18
fr 2-6-19
Docket 49
- NONE LISTED -
Debtor(s):
Michael Naef Represented By Sundee M Teeple
Michelle A Marchisotto Craig K Streed
Joint Debtor(s):
Lisa Naef Represented By
Sundee M Teeple Michelle A Marchisotto Craig K Streed
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 12-12-18
fr 2-6-19
Docket 109
- NONE LISTED -
Debtor(s):
Vena Marie Rubalcaba Represented By Matthew D. Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 8-22-17; 10-17-18; 12-12-18
fr 2-6-19
Docket 83
- NONE LISTED -
Debtor(s):
Daniel Rodriguez Represented By Michael E Clark Barry E Borowitz
Joint Debtor(s):
Karina Padilla Represented By Michael E Clark Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 11-14-18
fr 2-6-19
Docket 41
- NONE LISTED -
Debtor(s):
Henry L Jackson Represented By Thomas B Ure
Joint Debtor(s):
Carolyn L Jackson Represented By Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-6-19
Docket 66
- NONE LISTED -
Debtor(s):
Jennifer Penalber Represented By Danelle Lloyd
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 6-13-18; 8-22-18; 10-17-18; 12-12-18
fr 2-6-19
Docket 59
- NONE LISTED -
Debtor(s):
Louie Jim Pagoulatos Represented By Brad Weil
Joint Debtor(s):
Rosemary Guzman Represented By Brad Weil
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 12-12-18
fr 2-6-19
Docket 55
- NONE LISTED -
Debtor(s):
Ivis Lenard Byles Represented By
D Justin Harelik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-27-19
Docket 49
- NONE LISTED -
Debtor(s):
Edna A Rivera Represented By Todd L Turoci
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 8-22-17; 10-17-18; 12-12-18
fr 2-6-19
Docket 31
- NONE LISTED -
Debtor(s):
Claudia Elizabeth Rocha Represented By Heather J Canning Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-6-19
Docket 71
- NONE LISTED -
Debtor(s):
Arnold Lydell Youngblood Represented By Dana C Bruce Crystal Johnson
Joint Debtor(s):
Sylvia Stacey Gonzales Represented By Dana C Bruce
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-6-19
Docket 26
- NONE LISTED -
Debtor(s):
Manuel Alejandro Barrios Represented By
D Justin Harelik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 9-12-18; 10-3-18; 12-12-18
fr 2-6-19
Stipulation regarding motion filed 3/29/19
Docket 28
- NONE LISTED -
Debtor(s):
Theresa E. Pace Represented By
W. Derek May
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 12-12-18
fr 2-6-19
Docket 20
- NONE LISTED -
Debtor(s):
Constantine Sklavos Represented By Daniel King
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-14-18
fr 2-6-19
Docket 21
- NONE LISTED -
Debtor(s):
Nalonni Nikole Madden Represented By Gregory M Shanfeld
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr. 10-3-18; 11-14-18; 1-30-19
Docket 43
- NONE LISTED -
Debtor(s):
Marcus Cameron Clark Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 9-12-18; 10-17-18; 11-14-18
fr 2-6-19
Docket 24
- NONE LISTED -
Debtor(s):
Jose Antonio Herrarte Represented By William G Cort
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 12-12-18
fr 2-6-19
Docket 64
- NONE LISTED -
Debtor(s):
Deborah Sandi Stein Represented By William Huestis
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 12-12-18
fr 2-6-19
Docket 30
- NONE LISTED -
Debtor(s):
Beverly Ann Rodgers Represented By
Raj T Wadhwani
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr. 12-12-19
fr 2-6-19
Docket 36
- NONE LISTED -
Debtor(s):
Alba Yanira Flores Represented By Joshua L Sternberg
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 12-12-18
fr 2-6-19
Docket 40
- NONE LISTED -
Debtor(s):
Larry Thomas Represented By Gregory M Shanfeld
Joint Debtor(s):
Janine Lenett Thomas Represented By Gregory M Shanfeld
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-6-19
Docket 30
- NONE LISTED -
Debtor(s):
Ninfa Carado Isidro Represented By Nicholas M Wajda
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-6-19
Docket 39
- NONE LISTED -
Debtor(s):
Alfredo Gutierrez Represented By Jaime A Cuevas Jr.
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 55
- NONE LISTED -
Debtor(s):
Franklin Hernan Gonzalez Represented By Michael Y Lo
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 60
- NONE LISTED -
Debtor(s):
Nicholas Paul Richards Represented By Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 51
- NONE LISTED -
Debtor(s):
Janice Dean Lewis Represented By Todd J Roberts
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 51
- NONE LISTED -
Debtor(s):
Raffi Badoyan Represented By
Raffy M Boulgourjian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 58
- NONE LISTED -
Debtor(s):
Norberto Diaz Jr. Represented By Axel H Richter
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 40
- NONE LISTED -
Debtor(s):
Richard Martin Afanador Represented By Ali R Nader
Joint Debtor(s):
Ja'nice Inez Afanador Represented By Ali R Nader
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 24
- NONE LISTED -
Debtor(s):
Steve Lynn Wright Represented By Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 38
- NONE LISTED -
Debtor(s):
Doreen Andrea Spencer Represented By Sundee M Teeple Craig K Streed
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 38
- NONE LISTED -
Debtor(s):
Mirtha Viviana Tabares Represented By Steven A Alpert
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 33
- NONE LISTED -
Debtor(s):
Cad DeVaughn Represented By Mark T Young
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 29
- NONE LISTED -
Debtor(s):
Jose Rigoberto Aguilar Represented By Donald E Iwuchuku
Joint Debtor(s):
Maria Trinidad Aguilar Represented By Donald E Iwuchuku
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 28
- NONE LISTED -
Debtor(s):
Michael Moradi Represented By Krystina T Tran
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 26
- NONE LISTED -
Debtor(s):
Rose Maria Gallardo Represented By Heather J Canning
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 12-13-17; 2-14-18; 4-18-18; 6-27-18; 9-12-18; 12-12-18
fr 2-6-19
Docket 99
- NONE LISTED -
Debtor(s):
Angela D Walton Represented By Matthew D Resnik
S Renee Sawyer Blume
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments.
fr. 5-24-17, 8-2-17; 9-20-17; 11-15-17; 12-13-17; 2-14-18
4-18-18; 6-27-18; 9-12-18; 12-12-18; 2-6-19
Docket 88
- NONE LISTED -
Debtor(s):
Angela D Walton Represented By Matthew D Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3/13/19
Docket 64
This matter is CONTINUED to May 8, 2019 at 1:30 p.m.
Appearances waived.
Debtor(s):
Sergio Moreno Morales Represented By
Leroy Bishop Austin Anthony Obehi Egbase
W. Sloan Youkstetter
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 42
None.
Debtor(s):
Jason Matsu Represented By
Daren M Schlecter
Trustee(s):
Nancy K Curry (TR) Represented By Martha Villanueva
1:30 PM
Telephonic Hearing
11 of PBR, LLC
fr 2-6-19; 2-27-19; 3-27-19
David B. Lally to appear by telephone
Docket 107
None.
Debtor(s):
Joseph Hoats Represented By
Alan W Forsley
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 23
Debtor objected to the Claim of the Franchise Tax Board. Franchise Tax Board subsequently amended their claim to $0.00. Accordingly, the objection is OVERRULED as moot. Appearances waived.
Debtor(s):
Pamela Diane Fisher Represented By Christine A Kingston
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Stipulation to continue hearing filed 4/3/19
Docket 24
A stipulation to continue the matter was filed in this case. The Court will review the stipulation and enter an order approving the stipulation.
Accordingly, this matter is CONTINUED to June 5, 2019 at 1:30 p.m.
Appearances waived.
Debtor(s):
Pamela Diane Fisher Represented By Christine A Kingston
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 46
None.
Debtor(s):
Eyiko Eleen Abarca Represented By
R Grace Rodriguez
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 22
No opposition was filed.
Debtor seek to value debtor's PERSONAL PROPERTY, a 2001 Lincoln Navigator at a retail sale value of $527.00. The subject property is secured by an interest held by Onemain Fianancial Group, LLC, securing a loan with a balance as of the petition date of approximately $3,211.52. The valuation motion is supported by evidence as to the retail value of the subject property. The content of the notice meets the due process requirement that it be "reasonably calculated, under all of the circumstances, to apprise interested parties of the pendency of the action and to afford them the opportunity to present their objections." Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 314 (1950). Therefore, Onemain Fianancial Group, LLC's claim is only partially secured by a deed of trust lien.
The debtor's motion is GRANTED. Onemain Fianancial Group, LLC's claim will be allowed as a secured claim only in the amount of $527.00. 11
U.S.C. § 506(a). As a result, the chapter 13 plan must provide for full payment of the secured portion of the claim over the life of the plan and pay the unsecured portion of the lien with other unsecured claims. 11 U.S.C. § 1325(a)(5)(B); see In re Enewally, 368 F.3d 1165, 1171-1172 (9th Cir. 2004), cert. den. 543 U.S. 1021, 125 S.Ct. 669 (2004). Appearances waived.
Pursuant to LBR 9021-1(b)(1)(B), debtor must serve and lodge a proposed order via LOU within 7 days of the hearing.
Debtor(s):
Michael Paul Staton Represented By Joshua L Sternberg
1:30 PM
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 18
No opposition was filed.
Debtor seek to value debtor's PERSONAL PROPERTY, a 2010 Jaguar XF at a retail sale value of $9,825.00. The subject property is secured by an interest held by Wells Fargo Bank N.A. dba Wells Fargo Auto ("Wells"), securing a loan with a balance as of the petition date of approximately
$21,113.96 The valuation motion is supported by evidence as to the retail value of the subject property. The content of the notice meets the due process requirement that it be "reasonably calculated, under all of the circumstances, to apprise interested parties of the pendency of the action and to afford them the opportunity to present their objections." Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 314 (1950). Therefore, Wells' claim is only partially secured by a deed of trust lien.
The debtor's motion is GRANTED. Wells' claim will be allowed as a secured claim only in the amount of $9,825. 11 U.S.C. § 506(a). As a result, the chapter 13 plan must provide for full payment of the secured portion of the claim over the life of the plan and pay the unsecured portion of the lien with other unsecured claims. 11 U.S.C. §1325(a)(5)(B); see In re Enewally, 368 F.3d 1165, 1171-1172 (9th Cir. 2004), cert. den. 543 U.S. 1021, 125
S.Ct. 669 (2004). Appearances waived.
Pursuant to LBR 9021-1(b)(1)(B), debtor must serve and lodge a proposed order via LOU within 7 days of the hearing.
Debtor(s):
Washica Little Represented By Matthew D. Resnik
1:30 PM
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Stipulation to avoid junior lien filed 4/3/19
Docket 33
On April 3, 2019, the parties filed a stipulation to resolve the matter. The Court will review the order lodged. Accordingly, this matter is OFF CALENDAR. Appearances waived.
Debtor(s):
Antonio Estrada Represented By Raymond Perez
Joint Debtor(s):
Eva Angelica Estrada Represented By Raymond Perez
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 153
None.
Debtor(s):
Fariborz Rafael Represented By Vahe Khojayan
10:00 AM
Docket 83
- NONE LISTED -
Debtor(s):
Stanley Swain's, Inc. Represented By Steven R Fox
10:00 AM
Telephonic Hearing
fr 12-20-18; 1-17-19
Docket 0
At the last status conference on January 17, 2019, the Court set a claims bar date of February 28, 2019 and a deadline for the debtor to file a plan and disclosure statement of March 29, 2019. Debtor has not filed a plan and disclosure statement and did not file a status report. Debtor is to address these deficiencies and to address why the case should not be dismissed at the status conference.
Debtor(s):
Carla Langley Represented By Kevin Tang
10:00 AM
fr 3-7-19; 3-19-19
Docket 73
None.
Debtor(s):
James Anthony Startz Pro Se
10:00 AM
fr. 9-20-18, 2-14-19, 2-28-19; 3-7-19; 3-19-19
Docket 23
Debtor(s):
None.
James Anthony Startz Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
10:00 AM
fr. 8-3-17, 12-14-17; 4-12-18; 8-23-18; 12-13-18
Docket 1
Debtor(s):
N. L. Abrolat, Inc. Represented By Alan W Forsley
Marc A Lieberman
10:00 AM
Docket 0
Debtor(s):
Winston O'Mally Represented By Frank J Alvarado
10:00 AM
Docket 61
None.
Debtor(s):
Crescent Associates, LLC. Represented By Robert M Yaspan
10:00 AM
Docket 67
None.
Debtor(s):
Crescent Associates, LLC. Represented By Robert M Yaspan
10:00 AM
Telephonic Hearing
Onyinye N Anyama to appear by telephone
Docket 73
No opposition was filed.
Debtor seek to value debtor's PERSONAL PROPERTY, a 2015 Chevrolet Camaro SS at a retail sale value of $11,463. The subject property is secured by an interest held by Santander Consumer USA, Inc ("Santander"), securing a loan with a balance as of the petition date of approximately $19,197.90. The valuation motion is supported by evidence as to the retail value of the subject property. The content of the notice meets the due process requirement that it be "reasonably calculated, under all of the circumstances, to apprise interested parties of the pendency of the action and to afford them the opportunity to present their objections." Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 314 (1950).
The debtor's motion is GRANTED. The property valued at $11,463.00.
11 U.S.C. § 506(a). Appearances waived.
Pursuant to LBR 9021-1(b)(1)(B), debtor must serve and lodge a proposed order via LOU within 7 days of the hearing.
Debtor(s):
Robert Gabriel Represented By Onyinye N Anyama
10:00 AM
Andrew F Adams to appear by telephone
Yevgeniya (Jane) M. Kutepova to appear by telephone
Docket 16
None.
Debtor(s):
Old Firehouse of Pomona, LLC Represented By Raymond H. Aver
10:00 AM
Telephonic Hearing
fr. 4-4-19
Andrew F Adams to appear by telephone
Yevgeniya (Jane) M. Kutepova to appear by telephone
Docket 19
None.
Debtor(s):
Old Firehouse of Pomona, LLC Represented By Raymond H. Aver
10:00 AM
Docket 543
None.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
10:00 AM
Telephone Appearances:
Lewis R Landau Point.360 Carey D. Schreiber Medley Capital
John Issa Point.360 [Listen Only]
Docket 542
No opposition was filed.
The court has reviewed the Application for Payment of GlassRatner Advisory & Capital Group, LLC . The court GRANTS the Application and awards $84,721.50 in fees and $226.28 in costs, for a total of $84,947.78 [the unpaid balance of which is to be paid by the debtor]. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Debtor(s):
Debtor’s counsel is to lodge an appropriate order.
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
10:00 AM
Telephone Appearances:
Lewis R Landau Point.360 Carey D. Schreiber Medley Capital
John Issa Point.360 [Listen Only]
Docket 544
No opposition was filed.
The court has reviewed the Application for Payment of Fees of Lewis
R. Landau. The court GRANTS the Application and awards $96,227.50 in fees and $749.30 in costs, for a total of $96,976.80 [the unpaid balance of which is to be paid by the debtor]. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Debtor(s):
Debtor’s counsel is to lodge an appropriate order.
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
10:00 AM
Ronk, APC For Compensation and Reimbursement of Expenses For The Period October 1, 2018 Through February 28,2019
Telephone Appearances:
Lewis R Landau Point.360 Carey D. Schreiber Medley Capital
John Issa Point.360 [Listen Only]
Docket 550
The UST filed a Non-Objection to the Application indicating Applicant agreed to voluntarily waive $1,447.50 in fees.
The court has reviewed the Application for Payment of Fees of Brinkman Portillo Ronk, APC. The court GRANTS the Application and awards $142,574 in fees and $2,472.69 in costs, for a total of $145,046.69 [the unpaid balance of which is to be paid by the debtor]. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Debtor(s):
Debtor’s counsel is to lodge an appropriate order.
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
10:00 AM
Adv#: 2:15-01467 Holy Hill Community Church et al v. Zemer et al
fr. 11-19-15; 12-15-15, 1-20-15, 3-22-16; 3-29-16
4-19-16, 6-21-16; 8-9-16; 11-8-16; 1-10-17; 2-2-17;
3-9-17; 6-13-17; 7-11-17, 8-1-17; 9-5-17; 10-10-17
11-14-17, 12-14-17, 1-18-18; 4-12-18; 6-14-18; 9-20-18
fr 11-15-18; 12-20-18
Docket 11
None.
Debtor(s):
Holy Hill Community Church Represented By W Dan Lee Won Lee
Richard T Baum Jaenam J Coe
Defendant(s):
Yuval Bar Zemer Represented By
Bernard D Bollinger Jr
1111 Sunset, LLC Represented By
Bernard D Bollinger Jr Anthony J Napolitano
Downtown Capital, LLC Represented By
Bernard D Bollinger Jr Anthony J Napolitano
Carl Sohn Pro Se
10:00 AM
Chan Hyo Tak Pro Se
Hae Hoon Owh Pro Se
Sung Yeol Yim Pro Se
Movant(s):
1111 Sunset Boulevard, LLC Represented By Jeffrey A Krieger
Plaintiff(s):
Holy Hill Community Church Represented By Andy Kong Richard T Baum
Reorganized Debtor, Holy Hill Represented By Andy Kong
Trustee(s):
Richard J Laski (TR) Represented By Andy Kong
M Douglas Flahaut Aram Ordubegian
10:00 AM
Adv#: 2:15-01467 Holy Hill Community Church et al v. Zemer et al
FR. 10-13-15; 12-15-15; 1-20-16, 3-22-16; 3-29-16, 6-21-16
8-9-16; 11-8-16; 1-10-17; 2-2-17,3-9-17; 6-13-17; 7-11-17,
8-1-17; 9-5-17; 10-10-17; 11-14-17, 12-14-17, 1-18-18
4-12-18; 6-14-18; 9-20-18; 11-15-18; 12-20-18
Docket 1
None.
Debtor(s):
Holy Hill Community Church Represented By W Dan Lee Won Lee
Richard T Baum Jaenam J Coe
Defendant(s):
Yuval Bar Zemer Represented By
Bernard D Bollinger Jr
1111 Sunset, LLC Represented By
Bernard D Bollinger Jr Anthony J Napolitano
Downtown Capital, LLC Represented By
10:00 AM
Bernard D Bollinger Jr Anthony J Napolitano
Carl Sohn Pro Se
Chan Hyo Tak Pro Se
Hae Hoon Owh Pro Se
Sung Yeol Yim Pro Se
Plaintiff(s):
Holy Hill Community Church Represented By Andy Kong Richard T Baum
Reorganized Debtor, Holy Hill Represented By Andy Kong
Trustee(s):
Richard J Laski (TR) Represented By Andy Kong
M Douglas Flahaut Aram Ordubegian
10:00 AM
Docket 698
None.
Debtor(s):
Holy Hill Community Church Represented By W Dan Lee Won Lee
Richard T Baum Jaenam J Coe
Trustee(s):
Richard J Laski (TR) Represented By Andy Kong
M Douglas Flahaut Aram Ordubegian Annie Y Stoops
10:00 AM
fr. 3-24-16; 7-21-16; 11-17-16; 3-30-17; 8-3-17, 12-14-17
4-12-18; 8-30-18; 12-13-18
Docket 0
None.
Debtor(s):
Holy Hill Community Church Represented By W Dan Lee Won Lee
Richard T Baum Jaenam J Coe
Trustee(s):
Richard J Laski (TR) Represented By Andy Kong
M Douglas Flahaut Aram Ordubegian
10:00 AM
Docket 695
None.
Debtor(s):
Holy Hill Community Church Represented By W Dan Lee Won Lee
Richard T Baum Jaenam J Coe
Trustee(s):
Richard J Laski (TR) Represented By Andy Kong
M Douglas Flahaut Aram Ordubegian Annie Y Stoops
10:00 AM
Stipulation resolving motion filed 4/11/18
Docket 50
On April 11, 2019, the parties filed a stipulation to resolve the matter.
The Court will review the order lodged. Accordingly, this matter is OFF CALENDAR. Appearances waived.
Debtor(s):
Michelle Carter Represented By Kevin Tang
Movant(s):
Michelle Carter Represented By Kevin Tang Kevin Tang Kevin Tang
fr. 8-30-18; 12-13-18; 1-17-19
Docket 28
10:00 AM
The status conference on the will proceed as scheduled.
Appearances are required.
Debtor(s):
Michelle Carter Represented By Kevin Tang
10:00 AM
Telephonic Hearing
James Hornbuckle to appear by telephone
Docket 9
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on March 20, 2019. This motion was filed on April 5, 2019 and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
10:00 AM
According to the evidence, debtor seeks a continuation of the automatic stay as to the creditors listed on page 3 of the notice at Docket No.
14. Pursuant to the evidence presented, the Court GRANTS the relief requested in the motion based upon an apparent change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Wilbert Bradford Jr Represented By
James D. Hornbuckle
Trustee(s):
Nancy K Curry (TR) Pro Se
11:00 AM
(Telephonic Conference)
Telephone Appearances:
Daren Brinkman Comm. of Unsecured Creditors Steven H Felderstein Central Valley Fund (Listen Only) David Kupetz Visual Data Media Services
Lewis Landau Point.360
Carey Schreiber Medley Capital
Elissa D Miller Visual Data Media Services (Listen Only)
Docket 0
- NONE LISTED -
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
2:00 PM
(Telephonic Conference)
Telephone Appearances:
Daren Brinkman Comm. of Unsecured Creditors Steven H Felderstein Central Valley Fund (Listen Only) David Kupetz Visual Data Media Services
Lewis Landau Point.360
Carey Schreiber Medley Capital
Elissa D Miller Visual Data Media Services (Listen Only)
Docket 0
- NONE LISTED -
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
11:00 AM
Adv#: 2:18-01349 Johnson v. Sharaf
Docket 1
- NONE LISTED -
Debtor(s):
Hayssam Sharaf Pro Se
Defendant(s):
Hayssam Sharaf Pro Se
Plaintiff(s):
R.K. Johnson Represented By
JoAnne Belisle Frances M Campbell
Alexander Gregory Boone
Trustee(s):
Heide Kurtz (TR) Pro Se
10:00 AM
Telephonic Hearing
CONSUMER PORTFOLIO SERVICES, INC VS
DEBTOR
fr. 1-15-19; 3-26-19; 2-26-19
Erin McCartney to appear by telephone
Docket 33
None.
Debtor(s):
Hector Edward Arciniega Represented By Nicholas M Wajda
Joint Debtor(s):
Melinda Ann Arciniega Represented By Nicholas M Wajda
Movant(s):
Consumer Portfolio Services, Inc. Represented By
Erin M McCartney
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
WELLS FARGO BANK, N.A. VS
DEBTOR
John H. Kim to appear by telephone
Docket 31
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's Toyota Highlander. The debtor has failed to pay 7 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
William Ochoa Represented By Raymond Perez
10:00 AM
Movant(s):
Wells Fargo Bank, N.A. dba Wells Represented By
Jennifer H Wang
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
FORD MOTOR CREDIT COMPANY VS
DEBTOR
John H. Kim to appear by telephone
Docket 97
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's Ford Edge. The debtor has failed to pay 3 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
William Osmeo Godoy Represented By Joshua L Sternberg
10:00 AM
Joint Debtor(s):
Veronica Godoy Represented By Joshua L Sternberg
Movant(s):
Ford Motor Credit Company LLC Represented By
Jennifer H Wang
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
TOYOTA MOTOR CREDIT CORPORATION VS
DEBTOR
Austin P. Nagel to appear by telephone
Docket 37
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is the lessor debtor's Toyota Camry. On February 25,2019, the lease matured. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1) and (d)(2). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Serj Mesrobian Represented By
10:00 AM
Scott Kosner
Joint Debtor(s):
Talin Mesrobian Represented By Scott Kosner
Movant(s):
Toyota Motor Credit Corporation, Represented By
Austin P Nagel
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
WELLS FARGO BANK, N.A. VS
DEBTOR
John H. Kim to appear by telephone
Docket 51
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's Ford Flex. The debtor has failed to make any post-petition payments and Movant regained possession of the property prior to the petition date.. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Benjie L Knox Represented By
10:00 AM
Movant(s):
Sunita N Sood
Wells Fargo Bank, N.A. dba Wells Represented By
Jennifer H Wang
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
TOYOTA MOTOR CREDIT CORPORATION VS
DEBTOR
Austin P. Nagel to appear by telephone
Docket 50
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is the lessor debtor's Toyota Corolla.
On February 22,2019, the lease matured. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1) and (d)(2). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Mary Hanizel Agaza Fuentes Represented By Stanley D Bowman
Movant(s):
Toyota Motor Credit Corporation, Represented By
Austin P Nagel
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
PNC BANK, NATIONAL ASSOCIATION VS
DEBTOR fr 3-26-19
Docket 49
None.
Debtor(s):
Margaret E Jones Represented By Elena Steers
Movant(s):
PNC BANK, NATIONAL Represented By Vicki Ann Pringle Lucy Miller
Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Docket 65
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 28 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Inna Dmitriev Represented By Elena Steers
10:00 AM
Movant(s):
U.S. Bank National Association, as Represented By
Leslie M Klott Seth Greenhill Sean C Ferry
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
WELLS FARGO BANK, N.A. VS
DEBTOR
Gilbert R. Yabes to appear by telephone
Docket 43
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Gwendolyn Fields-Abrams Represented By
10:00 AM
Movant(s):
Leon D Bayer
Wells Fargo Bank, N.A., s/b/m to Represented By
Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK, N.A. VS
DEBTOR
Docket 99
None.
Debtor(s):
Daniel Rivera Represented By Thomas B Ure
Movant(s):
WELLS FARGO BANK, N.A., AS Represented By
Leslie M Klott April Harriott Keith Labell Sean C Ferry
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
WELLS FARGO BANK, NATIONAL ASSOCIATION VS
DEBTOR
John H. Kim to appear by telephone
Docket 128
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant and junior creditors that joined the motion, their successors, transferees and assigns, to enforce thier remedies to repossess or otherwise obtain possession and dispose of their respective collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Parties granted relief may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 4 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Similarly, cause is established by the joining creditors due to the effect movant's relief from the automatic stay. Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Erin Baldwin Represented By
Matthew D. Resnik
Movant(s):
Wells Fargo Bank, National Represented By April Harriott Seth Greenhill Sean C Ferry
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
WILMINGTON TRUST, NATIONAL ASSOCIATION VS
DEBTOR
Cassandra Richey to appear by telephone
Docket 50
None.
Debtor(s):
Paulette Therine Hibbert Represented By
Rabin J Pournazarian
Movant(s):
Wilmington Trust, National Represented By Sumit Bode
Cassandra J Richey
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
ARVEST CENTRAL MORTGAGE COMPANY VS
DEBTOR
Docket 42
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 9 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Jeanne R Leonard Represented By Anthony P Cara
Movant(s):
Arvest Central Mortgage Company Represented By
10:00 AM
Trustee(s):
Vanessa H Widener
Nancy K Curry (TR) Pro Se
10:00 AM
BANK OF AMERICA, N.A. VS
DEBTOR
Docket 24
None.
Debtor(s):
Lorranie Melissande Sheldon Represented By
D Justin Harelik
Movant(s):
Bank of America, N.A. Represented By Christina J O
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
THE BANK OF NEW YORK MELLON VS
DEBTOR
Alexander G. Meissner to appear by telephone
Docket 27
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Martin Winchester Represented By Michael J Hemming
10:00 AM
Movant(s):
The Bank of New York Mellon, et al Represented By
Diana Torres-Brito
S Renee Sawyer Blume
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
BANK OF AMERICA, N.A. VS
DEBTOR
Stipulation for adequate protection filed 4/22/19 Merdaud Jafarnia to appear by telephone
Docket 28
A stipulation for adequate protection was filed in this case. The Court will review the stipulation and enter an order approving the stipulation.
Accordingly, this matter is taken OFF CALENDAR. Appearances waived.
Debtor(s):
Olga Beatriz Uriarte Represented By Nicholas M Wajda
Movant(s):
Bank of America, N.A. Represented By Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DEUTSCHE BANK NATIONAL TRUST COMPANY
VS DEBTOR
Docket 54
None.
Debtor(s):
John Butler Represented By
Kahlil J McAlpin
Movant(s):
Deutsche Bank National Trust Represented By Sean C Ferry Theron S Covey
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
DEUTSCHE BANK NATIONAL TRUST COMPANY
VS DEBTOR
Caren J Castle to appear by telephone
Docket 34
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 4 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Michael Moradi Represented By
10:00 AM
Movant(s):
Krystina T Tran
Deutsche Bank National Trust Represented By Daniel K Fujimoto Caren J Castle
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Diane V. Weifenbach to appear by telephone
Docket 30
None.
Debtor(s):
Michael Adams Represented By Lionel E Giron
Movant(s):
U.S. Bank National Association as Represented By
Ashish R Rawat Diane Weifenbach
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
WILMINGTON SAVINGS FUND SOCIETY VS
DEBTOR
Kelsey Luu to appear by telephone
Docket 46
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 4 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d).
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Consuelo C Chavira Represented By
W. Derek May
Movant(s):
Wilmington Savings Fund Society, Represented By
Kelsey X Luu
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
CARRINGTON MORTGAGE SERVICES VS
DEBTOR
Alexander G. Meissner to appear by telephone
Docket 24
None.
Debtor(s):
Roberto Alvarado Zuniga Represented By Amanda G Billyard
Movant(s):
Carrington Mortgage Services, LLC Represented By
Asya Landa
S Renee Sawyer Blume
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
fr 3-26-19
Docket 11
None.
Debtor(s):
Eric Wayne Swain Represented By Matthew D. Resnik
Joint Debtor(s):
Rachel Marie Swain Represented By Matthew D. Resnik
Movant(s):
Eric Wayne Swain Represented By Matthew D. Resnik
Rachel Marie Swain Represented By Matthew D. Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
Glenn W. Calsada to appear by telephone
Docket 14
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on March 29, 2019. This motion was filed on April 8, 2019 and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
10:00 AM
According to the evidence, debtor seeks a continuation of the automatic stay as to the creditors listed on pages 12-13 of the motion . Pursuant to the evidence presented, the Court GRANTS the relief requested in the motion based upon an apparent change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Enrico Cecilio Manalo Represented By David Lozano
Joint Debtor(s):
Irene Grace Pan Represented By David Lozano
Movant(s):
Enrico Cecilio Manalo Represented By David Lozano
Irene Grace Pan Represented By David Lozano
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
E&S RING MANAGEMENT CORPORATION VS
DEBTOR
Docket 9
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d) (2). The stay is terminated as to the debtor and the debtor’s bankruptcy estate with respect to the movant, its successors, transferees and assigns. Movant may enforce its remedies to obtain possession of the property in accordance with applicable law, but may not pursue a deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Appearances waived.
Movant served the debtor with a three-day notice to quit the premises on November 6, 2018. When the debtor failed to vacate the premises, an unlawful detainer action was filed and served on December 13, 2018. Debtor filed the bankruptcy petition on March 6, 2019 in an apparent effort to stay commencement of the unlawful detainer action. This motion has been filed to proceed with the unlawful detainer action. This action must go forward because the debtor’s right to possess the premises must be determined.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Keenan Duane Martin Represented By Nicholas M Wajda
Movant(s):
E&S Ring Management Corporation Represented By
Agop G Arakelian
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
BOBS, LLC VS DEBTOR
Docket 7
Debtor(s):
None.
Kenneth C Chew Pro Se
Movant(s):
BOBS, LLC Represented By
David Jacob
Trustee(s):
Wesley H Avery (TR) Represented By David M Goodrich
10:00 AM
BOBS, LLC VS DEBTOR
cross collateralized with 773 Lilac Drive Los Osos, CA 934
Docket 8
None.
Debtor(s):
Kenneth C Chew Pro Se
Movant(s):
BOBS, LLC Represented By
David Jacob
Trustee(s):
Wesley H Avery (TR) Represented By David M Goodrich
10:00 AM
Telephonic Hearing
CHALMERS WIKE VS
DEBTOR
Shai Oved to appear by telephone
Docket 17
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to proceed with Wike v. LA Fitness et. al., BC596249 which is a lawsuit currently pending against the debtor in a nonbankruptcy forum. Although the term "cause" is not defined in the Code, courts in the Ninth Circuit have granted relief from the stay under § 362(d)(1) when necessary to permit pending litigation to be concluded in another forum. See, e.g., Christensen v. Tucson Estates, Inc. (In re Tucson Estates, Inc.), 912 F.2d 1162, 1166 (9th Cir. 1990) stating that "[w]here a bankruptcy court may abstain from deciding issues in favor of an imminent state court trial involving the same issues, cause may exist for lifting the stay as to the state court trial"); Packerland Packing Co. v. Griffith Brokerage Co. (In re Kemble), 776 F.2d 802, 807 (9th Cir. 1985) (affirming an order lifting the stay to permit a creditor to pursue a conversion and fraudulent conveyance action pending in the federal district court following a remand of the case by the appellate court for a retrial on the damages issue).
Here, the Court finds cause to permit the pending litigation to be concluded in a non-bankruptcy forum. Movant may proceed in the non- bankruptcy forum to final judgment (including any appeals) in accordance with applicable non-bankruptcy law. However, the automatic stay shall remain in effect with respect to enforcement of any judgment against Debtor and/or estate property, except for filing of a Proof of Claim and/or timely bringing a
10:00 AM
non-dischargeability adversary proceeding.
The 14-day period specified in Fed.R.Bankr.P. 4001(a)(3) is waived.
All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Michael T Hong Represented By Young K Chang
Movant(s):
Chalmers Wike Represented By Shai S Oved
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:00 AM
Telephonic Hearing
LOGIX FEDERAL CREDIT UNION VS
DEBTOR
Reilly D. Wilkinson to appear by telephone
Docket 33
None.
Debtor(s):
Naholowaa Russell Edwards Represented By Sundee M Teeple
Joint Debtor(s):
Maryellen Sanchez Edwards Represented By Sundee M Teeple Mark T Young Taylor Williams F Taylor F Williams
Movant(s):
LOGIX FEDERAL CREDIT Represented By Reilly D Wilkinson
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
Telephonic Hearing
WILMINGTON TRUST VS
DEBTOR
Erin M. McCartney to appear by telephone
Docket 28
The motion is DENIED pursuant to 11 U.S.C. § 362(d) and LBR 4001-1(b)(1) for movant's failure to complete and include pages 4 and 5 of manditory form F 4001-1.RFS.RP.MOTION in its filing. Appearances waived.
Debtor(s):
William L Jenkins Pro Se
Movant(s):
Wilmington Trust, not in its Represented By
Erin M McCartney
Trustee(s):
Wesley H Avery (TR) Pro Se
10:00 AM
U.S. BANK TRUST, N.A. VS
DEBTOR
Stipulation for adequate protection filed 4/19/19
Docket 33
A stipulation for adequate protection was filed in this case. The Court will review the stipulation and enter an order approving the stipulation.
Accordingly, this matter is taken OFF CALENDAR. Appearances waived.
Debtor(s):
Angel Leon Represented By
Michael E Clark
Movant(s):
U.S. Bank Trust, N.A., as Trustee for Represented By
Christina J O
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 15
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on April 1, 2019. This motion was filed on April 9, 2019 and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to the creditors listed in notice at Docket No. 17. Pursuant
10:00 AM
to the evidence presented, the Court GRANTS the relief requested in the motion based upon an apparent change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Jose Edgardo Rodriguez Represented By Todd L Turoci
Movant(s):
Jose Edgardo Rodriguez Represented By Todd L Turoci Todd L Turoci Todd L Turoci
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
NEW HAMPSHIRE APARTMENTS, LLC VS
DEBTOR
Docket 8
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d) (2). The stay is terminated as to the debtor and the debtor’s bankruptcy estate with respect to the movant, its successors, transferees and assigns. Movant may enforce its remedies to obtain possession of the property in accordance with applicable law, but may not pursue a deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Appearances waived.
Movant served the debtor with a three-day notice to quit the premises on February 8, 2019. When the debtor failed to vacate the premises, an unlawful detainer action was filed and served on February 19, 2019. Debtor filed the bankruptcy petition on April 3, 2019 in an apparent effort to stay commencement of the unlawful detainer action. This motion has been filed to proceed with the unlawful detainer action. This action must go forward because the debtor’s right to possess the premises must be determined.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Victoria Yun Pro Se
Movant(s):
New Hampshire Apartments, LLC Represented By
Joseph Cruz
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
EXETER FINANCE, LLC VS
DEBTOR fr. 4-9-19
Docket 32
Debtor(s):
Uaina Maea Represented By
William J Smyth Stephen S Smyth
Joint Debtor(s):
Mina Maea Represented By
William J Smyth Stephen S Smyth
Movant(s):
Exeter Finance, LLC Represented By Cheryl A Skigin
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01374
Eslava v. Ocwen Loan Servicing, LLC et al
Telephonic Hearing
contract; violation under California HBOR; injunction re dismissal of underlying Chapter 13 case
fr 1-22-19
Adam N Barasch to appear by telephone Renay G. Rodriguez to appear by telephone
Docket 1
This adversary proceeding is ordered dismissed. Debtor's chapter 13 case was dismissed by order entered on April 16, 2019. The complaint herein sought an injunction under section 105 to enjoin the chapter 13 trustee from continuing prosecution of her motion to dismiss this case and an injunction that the loan modification agreement signed by debtor with her lender is valid and enforceable. However, the Chapter 13 trustee withdrew her motion to dismiss on January 31, 2019 and the debtor completed her plan and received a discharge. There is no basis to continue with the complaint in this matter and it is hereby ordered DISMISSED.
Appearances waived.
Debtor(s):
Adrian Eslava Represented By
R Grace Rodriguez
Defendant(s):
Ocwen Loan Servicing, LLC Pro Se
2:00 PM
Deutche Bank National Trust Pro Se
Nancy Curry Pro Se
Plaintiff(s):
Adrian Eslava Represented By
R Grace Rodriguez
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01092 Meier et al v. Welker, II
FR. 6-5-18; 6-12-18; 10-16-18; 1-15-19
Docket 1
The parties have filed a notice of settlement. The pretrial conference is continued to May 21, 2019 at 2:00 p.m. to allow the parties to document their settlement. Appearances waived.
Tentative Ruling of 1/15/19:
The parties have submitted another stipulation to continue the pre-trial conference and extend the discovery cut-off. The pretrial conference is continued to April 23, 2019 at 2:00 p.m. The deadline to complete discovery is extended to April 1, 2019. No further continuances will be approved. The parties are required to comply with the Local Bankruptcy Rules in the preparation of a joint pretrial stipulation and to file it timely. Failure to do so may result in sanctions.
Appearances waived.
Debtor(s):
James Joseph Welker II Represented By Jeffrey N Wishman
Defendant(s):
James Joseph Welker II Pro Se
2:00 PM
Plaintiff(s):
Claudio Meier Represented By Bradford T Child
Brigitte Frank Meier Represented By Bradford T Child
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01298 Preferred Bank v. EBF Partners, LLC et al
declaratory judgment regarding the validity, priority and extent of Preferred Bank's lien in debtor's accounts receivable and proceeds thereof;
for determination that purported junior lienholders' claims are unsecured under 11 USC Section 506(d)
fr 11-27-18; 1-22-19; 2-26-19
Stipulation to continue hearing filed 4/9/19
Docket 1
A stipulation to extend deadlines and continue the status conference was filed in this case. The Court will review the stipulation and enter an order approving the stipulation. Accordingly, this matter is CONTINUED to June 25, 2019 at 2:00 p.m. Appearances waived.
Debtor(s):
Playhut, Inc. Represented By
Robert P Goe Stephen Reider
2:00 PM
Defendant(s):
EBF Partners, LLC Pro Se
Yellowstone Capital West LLC Pro Se
Citi Capital LLC Pro Se
1 West Capital LLC Pro Se
Plaintiff(s):
Preferred Bank Represented By Gerrick Warrington Michael G Fletcher
2:00 PM
Adv#: 2:18-01300 Playhut, Inc. v. EBF Partners, LLC dba Everest Business Funding
Avoidance and Recovery of Preferential Transfers
Avoidance and Recovery of Constructive Fraudulent Transfers; and
Disallowing Claims
fr 11-27-18; 1-22-19; 2-26-19
Docket 4
A stipulation to continue the status conference was filed in this case.
The Court will review the stipulation and enter an order approving the stipulation. Accordingly, this matter is CONTINUED to June 25, 2019 at 2:00
p.m. Appearances waived.
Debtor(s):
PH DIP, Inc Represented By
Robert P Goe Stephen Reider
Defendant(s):
EBF Partners, LLC dba Everest Represented By Eric Tsai
Plaintiff(s):
Playhut, Inc. Represented By
2:00 PM
Robert P Goe
2:00 PM
Adv#: 2:19-01045
Old Firehouse of Pomona, LLC v. 100 E. Alvarado St LLC Telephonic Hearing
Yevgeniya (Jane) M. Kutepova to appear by telephone
Docket 15
- NONE LISTED -
Debtor(s):
Old Firehouse of Pomona, LLC Represented By Raymond H. Aver
Defendant(s):
100 E. Alvarado St LLC Represented By Yevgeniya Kutepova
Plaintiff(s):
Old Firehouse of Pomona, LLC Represented By Raymond H. Aver
2:00 PM
Adv#: 2:19-01045
Old Firehouse of Pomona, LLC v. 100 E. Alvarado St LLC Telephonic Hearing
fr 4-9-19
Yevgeniya (Jane) M. Kutepova to appear by telephone
Docket 1
This matter is continued to April 23, 2019 at 2:00 p.m. Appearances waived.
Debtor(s):
Old Firehouse of Pomona, LLC Represented By Raymond H. Aver
Defendant(s):
100 E. Alvarado St LLC Represented By Yevgeniya Kutepova
Plaintiff(s):
Old Firehouse of Pomona, LLC Represented By Raymond H. Aver
2:00 PM
Adv#: 2:18-01435
Point.360, a California Corporation v. Medley Capital Corporation et al Telephonic Hearing
Carey Schreiber to appear by telephone Rolf S. Woolner to appear by telephone
Docket 30
This matter is CONTINUED to May 14, 2019 at 2:00 p.m.
Appearances waived.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
Defendant(s):
Medley Capital Corporation Represented By Justin E Rawlins
Medley Opportunity Fund II LP Represented By Justin E Rawlins
Plaintiff(s):
Point.360, a California Corporation Represented By
Lewis R Landau
2:00 PM
Telephonic Hearing
fr 3-19-19
Ronald M. St. Marie to appear by telephone Eric Tsai to appear by telephone
Docket 127
None.
Debtor(s):
Kaveh Roshan Represented By
Andrew Edward Smyth
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Sonia Singh Richard K Diamond
2:00 PM
Association fr 3-19-19
Docket 126
None.
Debtor(s):
Kaveh Roshan Represented By
Andrew Edward Smyth
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Sonia Singh Richard K Diamond
2:00 PM
Adv#: 2:19-01074
Keel v. Keel
Telephonic Hearing
advanced fr 5/7/19
Richard G Heston to appear by telephone
Docket 1
None.
Debtor(s):
Marie Keel Represented By
Raymond H. Aver
Defendant(s):
Marie Keel Represented By
Raymond H. Aver
Plaintiff(s):
Greg G. Keel Represented By
Richard G Heston
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:19-01074
Keel v. Keel
Telephonic Hearing
Richard G Heston to appear by telephone
Docket 4
None.
Debtor(s):
Marie Keel Represented By
Raymond H. Aver
Defendant(s):
Marie Keel Represented By
Raymond H. Aver
Plaintiff(s):
Greg G. Keel Represented By
Richard G Heston
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Telephonic Hearing
GREG G. KEEL VS
DEBTOR
fr 3-5-19; 3-26-19
Richard G Heston to appear by telephone
Docket 29
None.
Debtor(s):
Marie Keel Represented By
Raymond H. Aver
Movant(s):
Richard Heston Represented By Richard G Heston
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
fr 3-19-19
Docket 75
None.
Debtor(s):
New West TC, LLC Represented By John P Reitman
Aleksandra Zimonjic Carmela Pagay
Trustee(s):
Timothy Yoo (TR) Represented By Carmela Pagay John P Reitman Jack A Reitman
2:00 PM
Adv#: 2:18-01448 FRESNO SKILLED NURSING & WELLNESS CENTRE, LLC v.
Docket 1
This matter is CONTINUED to April 23, 2019 at 2:00 p.m.
Appearances waived.
Defendant(s):
NATIONAL UNION FIRE Represented By Paul B La Scala
Plaintiff(s):
FRESNO SKILLED NURSING & Represented By
David R Ginsburg
2:00 PM
Adv#: 2:18-01448 FRESNO SKILLED NURSING & WELLNESS CENTRE, LLC v.
fr 2-12-19; 3-19-19
Docket 11
This matter is CONTINUED to April 23, 2019 at 2:00 p.m.
Appearances waived.
Defendant(s):
NATIONAL UNION FIRE Represented By Paul B La Scala
Plaintiff(s):
FRESNO SKILLED NURSING & Represented By
David R Ginsburg
2:00 PM
Adv#: 2:18-01448 FRESNO SKILLED NURSING & WELLNESS CENTRE, LLC v.
fr 2-12-19; 3-19-19
Docket 4
This matter is CONTINUED to April 23, 2019 at 2:00 p.m.
Appearances waived.
Defendant(s):
NATIONAL UNION FIRE Represented By Paul B La Scala
Plaintiff(s):
FRESNO SKILLED NURSING & Pro Se
2:00 PM
Adv#: 2:18-01449 HIGHLAND PARK SKILLED NURSING & WELLNESS CENTRE, L v.
Docket 1
This matter is CONTINUED to April 23, 2019 at 2:00 p.m.
Appearances waived.
Defendant(s):
NATIONAL UNION FIRE Represented By Paul B La Scala
Plaintiff(s):
HIGHLAND PARK SKILLED Represented By David R Ginsburg
2:00 PM
Adv#: 2:18-01449 HIGHLAND PARK SKILLED NURSING & WELLNESS CENTRE, L v.
fr. 2-12-19; 3-19-19
Docket 11
This matter is CONTINUED to April 23, 2019 at 2:00 p.m.
Appearances waived.
Defendant(s):
NATIONAL UNION FIRE Represented By Paul B La Scala
Plaintiff(s):
HIGHLAND PARK SKILLED Represented By David R Ginsburg
2:00 PM
Adv#: 2:18-01449 HIGHLAND PARK SKILLED NURSING & WELLNESS CENTRE, L v.
fr. 2-12-19; 3-19-19
Docket 4
This matter is CONTINUED to April 23, 2019 at 2:00 p.m.
Appearances waived.
Defendant(s):
NATIONAL UNION FIRE Represented By Paul B La Scala
Plaintiff(s):
HIGHLAND PARK SKILLED Represented By David R Ginsburg
10:00 AM
Docket 0
- NONE LISTED -
1:30 PM
fr 1-16-19; 2-27-19
Docket 24
- NONE LISTED -
Debtor(s):
Roselyn Diane Ibanez Represented By
Hale Andrew Antico
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-27-19
Docket 43
- NONE LISTED -
Debtor(s):
Mario Arellano Represented By Rebecca Tomilowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 2-27-19
Docket 22
- NONE LISTED -
Debtor(s):
Edward F. Urquidi Represented By Cynthia Grande
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 2-27-19
Docket 49
- NONE LISTED -
Debtor(s):
Doreen Cabral Represented By Yelena Gurevich
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-27-19
Stipulation for order resolving Motion filed 4/22/19
Docket 78
- NONE LISTED -
Debtor(s):
Gloria Martinez Represented By William J Smyth
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-27-19
Docket 23
- NONE LISTED -
Debtor(s):
Mike Azarya Seliktar Represented By Daniel King
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 7-11-18; 9-12-18; 11-7-18; 1-16-19; 2-27-19
Docket 45
- NONE LISTED -
Debtor(s):
Lisa Marie Battiest Represented By William G Cort
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-27-19
Docket 41
- NONE LISTED -
Debtor(s):
Esther Sepulveda Castaneda Represented By Jaime A Cuevas Jr.
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Telephonic Hearing
fr 2-27-19
Arjun Sivakumar to appear by telephone
Docket 125
- NONE LISTED -
Debtor(s):
Erin Baldwin Represented By
Matthew D. Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-27-19
Docket 35
- NONE LISTED -
Debtor(s):
Charles Allen Contreras Represented By Joshua L Sternberg
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-27-19
Docket 32
- NONE LISTED -
Debtor(s):
Stanley Heyward Wilson Represented By
Raj T Wadhwani
Joint Debtor(s):
Sharie Mary Wilson Represented By
Raj T Wadhwani
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-27-19
Docket 35
- NONE LISTED -
Debtor(s):
Thomas Vicente Tovar Represented By Jacqueline D Serrao
Joint Debtor(s):
Carey Peter Cronin Represented By Jacqueline D Serrao
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-27-19
Docket 38
- NONE LISTED -
Debtor(s):
Lydia M Torres Represented By Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-27-19
Docket 34
- NONE LISTED -
Debtor(s):
Paula Louise Walton Represented By
Richard L. Sturdevant
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-27-19
Docket 35
- NONE LISTED -
Debtor(s):
Manuel J. Leon Jr. Represented By Jacqueline D Serrao
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-27-19
Docket 46
- NONE LISTED -
Debtor(s):
Nikita K. Knowles Represented By Jaime A Cuevas Jr.
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-27-19
Docket 33
- NONE LISTED -
Debtor(s):
Juana Maria Del Aguila De Conejo Represented By
Bryn C Deb
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3-13-19
Docket 33
- NONE LISTED -
Debtor(s):
Luis Ramon Ramirez Represented By Heather J Canning Michael E Clark Barry E Borowitz
Joint Debtor(s):
Amanda Patricia Dominguez Represented By Heather J Canning Michael E Clark Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 2-27-19
Docket 36
- NONE LISTED -
Debtor(s):
Christel A Beattie Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-27-19
Docket 36
- NONE LISTED -
Debtor(s):
Consuelo C Chavira Represented By
W. Derek May
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-27-19
Docket 32
- NONE LISTED -
Debtor(s):
Gabriel Salazar Represented By Rebecca Tomilowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 45
- NONE LISTED -
Debtor(s):
Gwendolyn Fields-Abrams Represented By Leon D Bayer
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 71
- NONE LISTED -
Debtor(s):
Katherine Marie Akingbade Represented By Brad Weil
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 50
- NONE LISTED -
Debtor(s):
Juan Manuel Ortega Represented By Peter M Lively
Joint Debtor(s):
Sharollyn Hufana Ortega Represented By Peter M Lively
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 48
- NONE LISTED -
Debtor(s):
Desmond Paul McLean Represented By Jeffrey J Hagen
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 36
- NONE LISTED -
Debtor(s):
Maureen Elizabeth Alley Represented By
Rabin J Pournazarian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 32
- NONE LISTED -
Debtor(s):
Jerry Jimeno Represented By
Ryan A. Stubbe
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-6-19; 3-13-19
Docket 43
- NONE LISTED -
Debtor(s):
George Contreras Lopez Represented By Nicholas M Wajda
Joint Debtor(s):
Deborah Margaret Lopez Represented By Nicholas M Wajda
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3-13-19
Docket 47
- NONE LISTED -
Debtor(s):
Faizal Khan Kamal Khan Represented By Brad Weil
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 3-13-19
Docket 57
- NONE LISTED -
Debtor(s):
Hidonol Ponds Represented By Andy C Warshaw
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3-13-19
Docket 48
- NONE LISTED -
Debtor(s):
Enrique Tellez Represented By Raymond Perez
Joint Debtor(s):
Gloria Tellez Represented By
Raymond Perez
Movant(s):
Enrique Tellez Represented By Raymond Perez
Gloria Tellez Represented By
Raymond Perez
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3-13-19
Docket 45
- NONE LISTED -
Debtor(s):
Alejandro Villarreal Sanchez Represented By Raymond Perez
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 39
- NONE LISTED -
Debtor(s):
Sonya Winfield Represented By
Joseph Arthur Roberts
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 99
- NONE LISTED -
Debtor(s):
Andrew Babakhanlou Represented By Matthew D. Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 39
- NONE LISTED -
Debtor(s):
Leona E. Williams Represented By Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 48
- NONE LISTED -
Debtor(s):
Joseph A Villagrana Represented By Axel H Richter
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 26
- NONE LISTED -
Debtor(s):
Rosa Godoy Represented By
Matthew D. Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 32
- NONE LISTED -
Debtor(s):
Thomas Perez Represented By Michael Jay Berger
Joint Debtor(s):
Cynthia Perez Represented By Michael Jay Berger
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 39
- NONE LISTED -
Debtor(s):
Marcus John Almaraz Represented By Jeffrey J Hagen
Joint Debtor(s):
Sandie Hanae Almaraz Represented By Jeffrey J Hagen
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 31
- NONE LISTED -
Debtor(s):
Earline J. Franklin Represented By Julie J Villalobos
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 36
- NONE LISTED -
Debtor(s):
Billy Alvares Represented By
Robert T Chen
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 30
- NONE LISTED -
Debtor(s):
Bobbie Y Lyons Represented By Nima S Vokshori
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 22
- NONE LISTED -
Debtor(s):
James Crowley Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 30
- NONE LISTED -
Debtor(s):
Arja Brown-Langdon Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 48
- NONE LISTED -
Debtor(s):
Jennifer Goodie Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 9-12-18; 11-7-18; 1-30-19; 2-27-19
Docket 31
- NONE LISTED -
Debtor(s):
Jennifer Goodie Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 43
- NONE LISTED -
Debtor(s):
Haile Earnel Williams Represented By Steven A Alpert
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 12-12-18; 2-6-19; 2-27-19
Docket 39
- NONE LISTED -
Debtor(s):
Haile Earnel Williams Represented By Steven A Alpert
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 70
- NONE LISTED -
Debtor(s):
Gina Maria Dapremont Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 44
None.
Debtor(s):
Shirley Ann Barnes Represented By Leon D Bayer
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
of Fees and Expenses Following Withdrawal From Chapter 13 Case Subject to a Rights and Responsibilities Agreement (RARA)
Docket 49
None.
Debtor(s):
Marine Akrabian Represented By Matthew D. Resnik Sunjay Bhatia
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 68
None.
Debtor(s):
Doris Mae Tinson Represented By Paul Horn
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 29
- NONE LISTED -
Debtor(s):
Carlos Omar Aguilar Represented By Barry E Borowitz
Joint Debtor(s):
Claudia Maria Mineros Represented By Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3-27-19
Docket 20
Debtor(s):
Charles William Humphrey Represented By Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Telephonic Hearing
Sanaz S. Bereliani to appear by telephone
Docket 52
None.
Debtor(s):
Marta Schultz Represented By Michael Jay Berger
Movant(s):
Marta Schultz Represented By Michael Jay Berger
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 23
None.
Debtor(s):
Laura Olivia Vinsonhaler Represented By
Raj T Wadhwani
Movant(s):
Laura Olivia Vinsonhaler Represented By
Raj T Wadhwani
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Telephonic Hearing
fr. 2-6-19 ; 3-27-19
Caroline S. Kim to appear by telephone
Docket 15
None.
Debtor(s):
Elvira Garcia Lobusta Represented By Caroline S Kim
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Telephonic Hearing
Caroline S. Kim to appear by telephone
Docket 20
None.
Debtor(s):
Shaikhalyn Lobusta Ceralde Represented By Caroline S Kim
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 24
The valuation motion is DENIED without prejudice.
Debtors seek to value debtors' PERSONAL PROPERTY, a 2009 Jaguar XF, at a fair market value of $6,526. The subject property is secured by an interest held by Wells Fargo Bank, N.A., securing a loan with a balance as of the petition date of approximately $11,675.39. Debtor has not established a prima facie case for the granting of the relief requested in the motion.
Debtor must use the retail value as purchased from dealer for the car, and submit a Kelley Blue Book/N.A.D.A. Guide retail value or other such evidence of valuation. Courts have employed a variety of vehicle valuation methods under § 506(a)(2), and presently the Ninth Circuit has not established a uniform method. See In re Ayres, 2010 WL 652825 at *5 (Bankr. N.D. Cal.) (collecting cases detailing vehicle valuation and describing the state of the law in the Ninth Circuit). However, in In re Morales, the United States Bankruptcy Court for the Central District of California determined that retail value should be calculated "by adjusting the Kelley Blue Book or N.A.D.A. Guide retail value for a like vehicle by a reasonable amount in light of the evidence presented regarding the condition of the vehicle or any other relevant factors." In re Morales, 387 B.R. 36, 45 (Bankr.
C.D. Cal. 2008). Appearances waived.
Pursuant to LBR 9021-1(b)(1)(B), debtors must lodge a proposed order via LOU within 7 days of the hearing.
Debtor(s):
Tyjuan Hibbler Jr. Represented By
1:30 PM
Trustee(s):
Lionel E Giron
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 16
No opposition was filed.
Debtor seek to value debtor's PERSONAL PROPERTY, a 2013 Volkswagen Jetta (the "Jetta"), at its retail value. The subject property is secured by an interest held by Tidewater Finance Company ("Tidewater"), securing a loan with a balance as of the petition date of approximately
$12,384.20. Tidewater's proof of claim provides that the Jetta is currently worth $2,720. The valuation motion is supported by Tidewater's proof of claim as well as evidence as to the retail value of the subject property. The content of the notice meets the due process requirement that it be "reasonably calculated, under all of the circumstances, to apprise interested parties of the pendency of the action and to afford them the opportunity to present their objections." Mullane v. Central Hanover Bank & Trust Co., 339
U.S. 306, 314 (1950). Therefore, Infiniti Finance Services’ claim is only partially secured by a deed of trust lien.
The debtor's motion is GRANTED. Tidewater's claim will be allowed as a secured claim only in the amount of $2,720. 11 U.S.C. § 506(a). As a result, the chapter 13 plan must provide for full payment of the secured portion of the claim over the life of the plan and pay the unsecured portion of the lien with other unsecured claims. 11 U.S.C. §1325(a)(5)(B); see In re Enewally, 368 F.3d 1165, 1171-1172 (9th Cir. 2004), cert. den. 543 U.S.
1021, 125 S.Ct. 669 (2004). Appearances waived.
Pursuant to LBR 9021-1(b)(1)(B), debtor must serve and lodge a proposed order via LOU within 7 days of the hearing.
Debtor(s):
Jonathan Gomez Pro Se
1:30 PM
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Telephonic Hearing
Adam N. Barasch to appear by telephone Lemuel B. Jaquez to appear by telephone
Docket 22
None.
Debtor(s):
Eric Wayne Swain Represented By Matthew D. Resnik
Joint Debtor(s):
Rachel Marie Swain Represented By Matthew D. Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 23
None.
Debtor(s):
Eric Wayne Swain Represented By Matthew D. Resnik
Joint Debtor(s):
Rachel Marie Swain Represented By Matthew D. Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
2:30 PM
Telephonic Hearing
11 of PBR, LLC
fr 2-6-19; 2-27-19; 3-27-19; 4-10-19
David B. Lally to appear by telephone
Docket 107
None.
Debtor(s):
Joseph Hoats Represented By
Alan W Forsley
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 28
No opposition was filed.
The Motion is granted pursuant to Fed. R. Bankr. P. 4004(b)(1). The movant timely filed the motion to extend the deadline to file a motion to dismiss under 11 U.S.C. § 707 (b)(3). The movant presented facts in the motion that establish cause. Thus, the movant's new deadline to file to motion to dismiss under § 707 (b)(3) is October 1, 2019. Appearances Waived.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Sebo Hatam Zadeh Represented By
Hamid Soleimanian
Trustee(s):
Timothy Yoo (TR) Pro Se
10:00 AM
Stipulation resolving Motion filed 4/23/19
Docket 153
A stipulation resolving the matter was filed in this case. The Court will review the stipulation and enter an order approving the stipulation.
Accordingly, this matter is taken OFF CALENDAR. Appearances waived.
Debtor(s):
Fariborz Rafael Represented By Vahe Khojayan
10:00 AM
fr 4-11-19
Docket 83
- NONE LISTED -
Debtor(s):
Stanley Swain's, Inc. Represented By Steven R Fox
10:00 AM
Docket 53
None.
Debtor(s):
Carla Langley Represented By Kevin Tang
10:00 AM
Telephonic Hearing
fr 12-20-18; 1-17-19; 4-11-19
Docket 0
None.
Debtor(s):
Carla Langley Represented By Kevin Tang
10:00 AM
fr 12-6-18
Docket 0
Debtor(s):
Crescent Associates, LLC. Represented By Robert M Yaspan
10:00 AM
fr. 12-13-18
Docket 1
This status conference is CONTINUED to May 16, 2019 at 10:00 a.m.
Appearances waived.
Debtor(s):
Ameriquest Security Service Represented By Michael Jay Berger
10:00 AM
Docket 25
This matter is OFF CALENDAR. The Court ordered this case dismissed. Appearances waived.
Debtor(s):
Old Firehouse of Pomona, LLC Represented By Raymond H. Aver
10:00 AM
Docket 35
None.
Debtor(s):
Alverna Stanley Represented By Lane K Bogard
Vanessa M Haberbush David R Haberbush
10:00 AM
fr. 8-13-15; 9-24-15; 1-28-16, 5-26-16; 9-28-16
1-26-17, 5-25-17; 8-24-17, 12-14-17; 2-1-18; 3-29-18,
5-3-18; 5-31-18; 8-23-18; 11-15-18; 1-17-19
Docket 1
None.
Debtor(s):
Philip L. Marchiondo Represented By Ian Landsberg
Movant(s):
Philip L. Marchiondo Represented By Ian Landsberg
10:00 AM
Docket 144
Reorganized Debtor is to explain why no status report was filed.
Debtor(s):
William O Haight Represented By Dana M Douglas M Jonathan Hayes
10:00 AM
Docket 1184
None.
Debtor(s):
Even St. Productions Ltd. Represented By David L. Neale
Krikor J Meshefejian Maryann R Marzano Loeb & Loeb
Krikor J Meshefejian
Majoken, Inc. Represented By
Krikor J Meshefejian
10:00 AM
Docket 1096
None.
Debtor(s):
Massoud Tayyar Represented By
Rachel S Milman Esq Mark E Goodfriend George E Akwo
10:00 AM
Docket 72
None.
Debtor(s):
Expressway Deliveries, Inc. Represented By
J. Bennett Friedman
10:00 AM
Docket 267
None.
Debtor(s):
Cedric Leonardi Represented By Leslie A Cohen
Mark E Goodfriend
10:00 AM
Stipulation to continue hearing filed 4/23/19
Docket 204
The parties have entered into a stipulation to continue this hearing to June 27, 2019 at 10:00 a.m. to allow the parties to continue settlement negotiations. The court will approve the stipulation. However, no further continuances will be allowed absent a showing of good cause. Appearances waived.
Debtor(s):
Cedric Leonardi Represented By Leslie A Cohen
Mark E Goodfriend
10:00 AM
fr 1-31-19
Docket 149
A stipulation to continue the hearing was filed in this case. The Court will review the stipulation and enter an order approving the stipulation.
Accordingly, this matter is CONTINUED to June 6, 2019 at 10:00 a.m.
Appearances waived.
Debtor(s):
American Ranch and Seafood Represented By Sandford L. Frey
10:00 AM
(Judge Saltzman Case)
fr 3-7-19
Docket 0
None.
Debtor(s):
Grayn Company, a California Represented By
William H Brownstein
10:00 AM
and Clear of Liens and Claims, (2) To Authorize Payment of Real Estate Brokers' Commissions,
and (3) For Turnover Against Debtor and Its Principal,
KYMM Snowden fr. 4-4-19
Docket 30
None.
Debtor(s):
Solomon & King Management Represented By Michael Avanesian
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Sonia Singh
10:00 AM
Docket 50
None.
Debtor(s):
Michelle Carter Represented By Kevin Tang
Movant(s):
Michelle Carter Represented By Kevin Tang Kevin Tang Kevin Tang
10:00 AM
fr. 8-30-18; 12-13-18; 1-17-19; 4-16-19
Docket 28
None.
Debtor(s):
Michelle Carter Represented By Kevin Tang
2:00 PM
Docket 17
No opposition having been filed, and good cause presented, the motion is GRANTED. The UST shall upload an appropriate order within 7 days of the hearing. Appearances waived.
Debtor(s):
Maria C Salgado Rosales Represented By Raymond Perez
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
and Clear of Liens and Claims, (2) To Authorize Payment of Real Estate Brokers' Commissions,
and (3) For Turnover Against Debtor and Its Principal,
KYMM Snowden fr. 4-4-19
Docket 30
None.
Debtor(s):
Solomon & King Management Represented By Michael Avanesian
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Sonia Singh
10:00 AM
fr 2-28-19
Docket 150
None.
Debtor(s):
Lilia Nuno Represented By
Thomas B Ure
10:00 AM
Adv#: 2:17-01550 Mastan v. Civitas Incorporated., a California corporation et
fr 3-8-19; 3-11-19
Docket 1
- NONE LISTED -
Debtor(s):
Carlo Bondanelli Represented By John D Monte Nathan D Meyer Michael J Glenn
Defendant(s):
Civitas Incorporated., a California Represented By
Michael J Glenn
St. Joseph's Investments, Inc., a Represented By Michael J Glenn
DOES 1-10, Inclusive Pro Se
Plaintiff(s):
Peter J Mastan Represented By John P Reitman
Aleksandra Zimonjic Jack A Reitman
10:00 AM
Trustee(s):
Peter J Mastan (TR) Represented By John P Reitman
Aleksandra Zimonjic Jack A Reitman
10:00 AM
Adv#: 2:17-01547 Mastan v. Bondanelli et al
fr 3-8-19; 3-11-19
Docket 1
- NONE LISTED -
Debtor(s):
Carlo Bondanelli Represented By John D Monte Nathan D Meyer Michael J Glenn
Defendant(s):
Carlo Bondanelli Represented By Michael J Glenn
Carlo Bondanelli, as trustee of St. Represented By
Michael J Glenn
St. Joseph's Investments, Inc. Represented By Michael J Glenn
St. Joseph's Investments, Inc. in its Represented By
Michael J Glenn
Does 1-10, Inclusive Pro Se
Plaintiff(s):
Peter J Mastan Represented By
10:00 AM
Trustee(s):
John P Reitman Aleksandra Zimonjic Jack A Reitman
Peter J Mastan (TR) Represented By John P Reitman
Aleksandra Zimonjic Jack A Reitman
10:00 AM
Adv#: 2:17-01549 Mastan v. Desert Solis, Inc., a California corporation et al
fr 3-8-19; 3-11-19
Docket 1
- NONE LISTED -
Debtor(s):
Carlo Bondanelli Represented By John D Monte Nathan D Meyer Michael J Glenn
Defendant(s):
Desert Solis, Inc., a California Represented By Michael J Glenn
DOES 1-10, Inclusive Pro Se
Plaintiff(s):
Peter J Mastan Represented By John P Reitman
Aleksandra Zimonjic Jack A Reitman
Trustee(s):
Peter J Mastan (TR) Represented By John P Reitman
10:00 AM
Aleksandra Zimonjic Jack A Reitman
3:00 PM
Telephonic Hearing
the payment of prepetition wages,
the continuation of employee programs postpetition,
the withholding and payment of payroll related taxes, and
the payment of prepetition claims relating to employee programs;
David Neale to appear by telephone
Docket 8
- NONE LISTED -
Debtor(s):
Scoobeez Represented By
Ashley M McDow
3:00 PM
Telephonic Hearing
Authorizing the maintenance of existing bank accounts and
Authorizing the continued use of cash collateral system;
David Neale to appear by telephone
Docket 7
- NONE LISTED -
Debtor(s):
Scoobeez Represented By
Ashley M McDow
3:00 PM
Telephonic Hearing
David Neale to appear by telephone
Docket 9
- NONE LISTED -
Debtor(s):
Scoobeez Represented By
Ashley M McDow
3:00 PM
Telephonic Hearing
David Neale to appear by telephone
Docket 13
- NONE LISTED -
Debtor(s):
Scoobeez Represented By
Ashley M McDow
10:00 AM
Adv#: 2:17-01549 Mastan v. Desert Solis, Inc., a California corporation et al
fr 3-8-19; 3-11-19; 5-1-19
Docket 1
Debtor(s):
Carlo Bondanelli Represented By John D Monte Nathan D Meyer Michael J Glenn
Defendant(s):
Desert Solis, Inc., a California Represented By Michael J Glenn
DOES 1-10, Inclusive Pro Se
Plaintiff(s):
Peter J Mastan Represented By John P Reitman
Aleksandra Zimonjic Jack A Reitman
Trustee(s):
Peter J Mastan (TR) Represented By John P Reitman
Aleksandra Zimonjic Jack A Reitman
10:00 AM
Adv#: 2:17-01547 Mastan v. Bondanelli et al
fr 3-8-19; 3-11-19; 5-1-19
Docket 1
Debtor(s):
Carlo Bondanelli Represented By John D Monte Nathan D Meyer Michael J Glenn
Defendant(s):
Carlo Bondanelli Represented By Michael J Glenn
Carlo Bondanelli, as trustee of St. Represented By
Michael J Glenn
St. Joseph's Investments, Inc. Represented By Michael J Glenn
St. Joseph's Investments, Inc. in its Represented By
Michael J Glenn
Does 1-10, Inclusive Pro Se
Plaintiff(s):
Peter J Mastan Represented By John P Reitman
Aleksandra Zimonjic Jack A Reitman
10:00 AM
Trustee(s):
Peter J Mastan (TR) Represented By John P Reitman
Aleksandra Zimonjic Jack A Reitman
10:00 AM
Adv#: 2:17-01550 Mastan v. Civitas Incorporated., a California corporation et
fr 3-8-19; 3-11-19; 5-1-19
Docket 1
Debtor(s):
Carlo Bondanelli Represented By John D Monte Nathan D Meyer Michael J Glenn
Defendant(s):
Civitas Incorporated., a California Represented By
Michael J Glenn
St. Joseph's Investments, Inc., a Represented By Michael J Glenn
DOES 1-10, Inclusive Pro Se
Plaintiff(s):
Peter J Mastan Represented By John P Reitman
Aleksandra Zimonjic Jack A Reitman
Trustee(s):
Peter J Mastan (TR) Represented By John P Reitman
Aleksandra Zimonjic Jack A Reitman
10:00 AM
10:00 AM
DIAMOND PROPERTY MANAGEMENT, INC VS
DEBTOR
Docket 9
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d) (2). The stay is terminated as to the debtor and the debtor’s bankruptcy estate with respect to the movant, its successors, transferees and assigns. Movant may enforce its remedies to obtain possession of the property in accordance with applicable law, but may not pursue a deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Appearances waived.
Movant served the debtor with a three-day notice to quit the premises on January 26, 2019. When the debtor failed to vacate the premises, an unlawful detainer action was filed and served on February 4, 2019. Debtor filed the bankruptcy petition on April 2, 2019 in an apparent effort to stay commencement of the unlawful detainer action. This motion has been filed to proceed with the unlawful detainer action. This action must go forward because the debtor’s right to possess the premises must be determined.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Chung Suh Pro Se
Movant(s):
Diamond Property Management, Inc. Represented By
Joseph Cruz
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DUJACK INVESTMENT, INC VS
DEBTOR
Docket 8
- NONE LISTED -
Debtor(s):
David Choi Pro Se
Movant(s):
Dujack Investment, Inc. Represented By Joseph Cruz
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
CONSUMER PORTFOLIO SERVICES, INC VS
DEBTOR fr 4-2-19
Stipulation for adequate protection filed 5/3/19
Docket 25
The parties lodge a stipulation resolving this matter. The Court will review and approve the stipulation. The hearing is OFF CALENDAR. Appearances waived.
Debtor(s):
Joann Dunbar Represented By Kahlil J McAlpin
Movant(s):
Consumer Portfolio Services, Inc. Represented By
Erin M McCartney
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
CAPITAL ONE AUTO FINANCE VS
DEBTOR
Docket 28
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's Chevrolet Cruze. The debtor has failed to pay 4 post- petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Susana Bernal Salomon Represented By
D Justin Harelik
Movant(s):
Capital One Auto Finance, a division Represented By
10:00 AM
Trustee(s):
Cheryl A Skigin
Nancy K Curry (TR) Pro Se
10:00 AM
XCL TITLING TRUST LLC VS
DEBTOR
Docket 28
None.
Debtor(s):
William Alvin Scott Represented By Richard T Baum
Joint Debtor(s):
Mary Catherine Scott Represented By Richard T Baum
Movant(s):
XCL TITLING TRUST LLC, its Represented By
Timothy J Silverman
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK, N.A. VS
DEBTOR
fr. 11-27-18; 12-18-18; 2-12-19
Docket 22
None.
Debtor(s):
Samuel Mendez Represented By Barry E Borowitz
Joint Debtor(s):
Veronica Olga Corza Represented By Barry E Borowitz
Movant(s):
Wells Fargo Bank, N.A. Represented By Cassandra J Richey
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DEUTSCHE BANK NATIONAL TRUST COMPANY
VS DEBTOR
Docket 24
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 7 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Barbara Justine Stamps Represented By Stephen S Smyth
10:00 AM
Movant(s):
DEUTSCHE BANK NATIONAL Represented By
Sean C Ferry Eric P Enciso
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
THE BANK NEW YORK MELLON VS
DEBTOR
Docket 48
None.
Debtor(s):
Beverly Ann Rodgers Represented By
Raj T Wadhwani
Movant(s):
THE BANK OF NEW YORK Represented By Mary D Vitartas
Erin M McCartney
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
CAPITAL ONE, N.A. VS
DEBTOR
Docket 38
Debtor(s):
Nannette Michele Meldrum Represented By
D Justin Harelik
Movant(s):
Capital One, N.A. Represented By Mark S Krause
Erin M McCartney
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
NATIONSTAR MORTGAGE LLC dba MR. COOPER
VS DEBTOR
Docket 40
None.
Debtor(s):
Serj Mesrobian Represented By Scott Kosner
Joint Debtor(s):
Talin Mesrobian Represented By Scott Kosner
Movant(s):
Nationstar Mortgage LLC Represented By Cassandra J Richey
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WEST COAST SERVICING, INC VS
DEBTOR
Docket 17
- NONE LISTED -
Debtor(s):
J Agustin Sagrero- Chavez Represented By William G Cort
Movant(s):
WEST COAST SERVICING, INC. Represented By
Matthew R. Clark III Erin M McCartney
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
MARTA SCHULTZ VS
DEBTOR
Docket 63
None.
Debtor(s):
Marta Schultz Represented By Michael Jay Berger
Movant(s):
Marta Schultz Represented By Michael Jay Berger
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
FORD MOTOR CREDIT COMPANY LLC VS
DEBTOR
Stipilation of the parties filed 4-30-19
Docket 29
This matter has been resolved by stipulation of the parties. The Court will enter an order approving the stipulation. The hearing is taken OFF CALENDAR. Apppearances waived.
Debtor(s):
Nicole Denise Lucien Represented By Kevin T Simon
Movant(s):
Ford Motor Credit Company LLC Represented By
Jennifer H Wang
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
362(c)(4)(A)(ii)
Docket 21
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
In this case, movant has requested confirmation that there is no stay in effect. On June 29, 2018, the debtor's previous bankruptcy case was dismissed. On February 8, 2019, the debtor filed the instant case. Having had a pending case within a year of the petition date, and no steps having been taken to continue the stay before its expiration, the Court finds that the stay terminated by operation of law on March 10, 2019 and no stay is in effect in this case. 11 U.S.C. § 362(c)(3)(A).
Movant's counsel shall upload an appropriate order confirming that no stay is in effect under 11 U.S.C. §362(c)(c)(A) via the Court's LOU system.
Appearances waived.
10:00 AM
Debtor(s):
Lee Edmond Jr. Represented By Alon Darvish
Movant(s):
Breckenridge Property Fund 2016, Represented By
Amelia B. Valenzuela
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 7
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on April 10, 2019. This motion was filed on April 10, 2019 and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition.
The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to the creditors listed on pages 19-21 of the motion. Pursuant to the evidence presented, the Court GRANTS the relief requested
10:00 AM
in the motion based upon an apparent change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Brian Jeffrey Peyatt Represented By Sanaz S Bereliani
Joint Debtor(s):
Shawn Christine Peyatt Represented By Sanaz S Bereliani
Movant(s):
Brian Jeffrey Peyatt Represented By Sanaz S Bereliani
Shawn Christine Peyatt Represented By Sanaz S Bereliani
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 15
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on April 11, 2019. This motion was filed on April 18, 2019 and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition.
The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to the creditors listed on page 11 of the motion. Pursuant to the evidence presented, the Court GRANTS the relief requested in the
10:00 AM
motion based upon an apparent change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Tosha Crim Represented By
Devin Sawdayi
Movant(s):
Tosha Crim Represented By
Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
fr. 4-9-19
Docket 52
None.
Debtor(s):
John Julian Kelly Represented By Keith F Rouse
Joint Debtor(s):
Monica Lorrain Kelly Represented By Keith F Rouse
Movant(s):
John Julian Kelly Represented By Keith F Rouse
Monica Lorrain Kelly Represented By Keith F Rouse
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK VS
DEBTOR
Stip. of the parties filed 5-6-19
Docket 42
None.
Debtor(s):
DAMON C. SWEATT Represented By Vernon R Yancy
Joint Debtor(s):
JAMIENIQUE T SWEATT Represented By Vernon R Yancy
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
RANDAL D HAYWORTH M.D. VS
DEBTOR
Docket 156
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to proceed with Amiri v.
Haworth which is a lawsuit currently pending against the debtor in a nonbankruptcy forum. Although the term "cause" is not defined in the Code, courts in the Ninth Circuit have granted relief from the stay under § 362(d)(1) when necessary to permit pending litigation to be concluded in another forum. See, e.g., Christensen v. Tucson Estates, Inc. (In re Tucson Estates, Inc.), 912 F.2d 1162, 1166 (9th Cir. 1990) stating that "[w]here a bankruptcy court may abstain from deciding issues in favor of an imminent state court trial involving the same issues, cause may exist for lifting the stay as to the state court trial"); Packerland Packing Co. v. Griffith Brokerage Co. (In re Kemble), 776 F.2d 802, 807 (9th Cir. 1985) (affirming an order lifting the stay to permit a creditor to pursue a conversion and fraudulent conveyance action pending in the federal district court following a remand of the case by the appellate court for a retrial on the damages issue).
Here, the Court finds cause to permit the pending litigation to be concluded in a non-bankruptcy forum. Movant may proceed in the non- bankruptcy forum to final judgment (including any appeals) in accordance with applicable non-bankruptcy law. However, the automatic stay shall remain in effect with respect to enforcement of any judgment against Debtor and/or estate property, except for filing of a Proof of Claim and/or timely bringing a non-dischargeability adversary proceeding.
10:00 AM
The 14-day period specified in Fed.R.Bankr.P. 4001(a)(3) is waived.
All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Randal D. Haworth M.D. Inc. Represented By Stella A Havkin
Movant(s):
Randal D. Haworth M.D. Inc. Represented By Stella A Havkin
10:00 AM
FAN LI VS DEBTOR
Docket 15
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d) (2). The stay is terminated as to the debtor and the debtor’s bankruptcy estate with respect to the movant, its successors, transferees and assigns. Movant may enforce its remedies to obtain possession of the property in accordance with applicable law, but may not pursue a deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Appearances waived.
Movant served the debtor with a three-day notice to quit the premises on February 7, 2019. When the debtor failed to vacate the premises, an unlawful detainer action was filed and served on February 20, 2019. Debtor filed the bankruptcy petition on April 5, 2019 in an apparent effort to stay commencement of the unlawful detainer action. This motion has been filed to proceed with the unlawful detainer action. This action must go forward because the debtor’s right to possess the premises must be determined.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Guillermo Nunez Pro Se
Movant(s):
FAN LI Represented By
Helen G Long
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR fr. 4-23-19
Docket 30
None.
Debtor(s):
Michael Adams Represented By Lionel E Giron
Movant(s):
U.S. Bank National Association as Represented By
Ashish R Rawat Diane Weifenbach
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
FORD MOTOR CREDIT COMPANY VS
DEBTOR fr. 4-23-19
Docket 97
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's Ford Edge. The debtor has failed to pay 3 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
William Osmeo Godoy Represented By Joshua L Sternberg
10:00 AM
Joint Debtor(s):
Veronica Godoy Represented By Joshua L Sternberg
Movant(s):
Ford Motor Credit Company LLC Represented By
Jennifer H Wang
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK, N.A. VS
DEBTOR fr. 4-23-19
Docket 31
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's Toyota Highlander. The debtor has failed to pay 7 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
William Ochoa Represented By Raymond Perez
10:00 AM
Movant(s):
Wells Fargo Bank, N.A. dba Wells Represented By
Jennifer H Wang
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:19-01074 Keel v. Keel
Docket 1
- NONE LISTED -
Debtor(s):
Marie Keel Represented By
Raymond H. Aver
Defendant(s):
Marie Keel Represented By
Raymond H. Aver
Plaintiff(s):
Greg G. Keel Represented By
Richard G Heston
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 0
- NONE LISTED -
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments.
fr. 5-24-17, 8-2-17; 9-20-17; 11-15-17; 12-13-17; 2-14-18
4-18-18; 6-27-18; 9-12-18; 12-12-18; 2-6-19; 4-10-19
Docket 88
- NONE LISTED -
Debtor(s):
Angela D Walton Represented By Matthew D Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 3-13-19
Docket 64
- NONE LISTED -
Debtor(s):
Rafael Torres De La Torre Represented By Matthew D. Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3-13-19
Docket 44
- NONE LISTED -
Debtor(s):
Hector Manuel Cardenas Represented By Dina Farhat
Joint Debtor(s):
Silvia Cardenas Represented By Dina Farhat
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 11-7-18; 1-16-19; 3-27-19
Docket 61
- NONE LISTED -
Debtor(s):
Sabrina January Dethloff Represented By David P Farrell
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 3-13-19
Docket 52
- NONE LISTED -
Debtor(s):
Alma Lileana Polanco Represented By Michael E Clark Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3-27-19
Docket 41
- NONE LISTED -
Debtor(s):
David King Represented By
Michelle A Marchisotto Sundee M Teeple
Joint Debtor(s):
Michelle King Represented By
Michelle A Marchisotto Sundee M Teeple
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-14-18; 4-11-18; 5-16-18; 8-22-18; 9-12-18; 11-7-18
1-30-19; 3-27-19
Docket 34
- NONE LISTED -
Debtor(s):
Keith Berglund Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3-27-19
Docket 33
- NONE LISTED -
Debtor(s):
Edis Zamora Represented By
Luis G Torres
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-17-19; 3-27-19
Docket 21
- NONE LISTED -
Debtor(s):
MATTHEW JOHN RASDEL Represented By
Raj T Wadhwani
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 34
- NONE LISTED -
Debtor(s):
Nicolas Romero Represented By Holly Roark
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 40
- NONE LISTED -
Debtor(s):
Dionna Gayle McPheeters Represented By Elena Steers
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 64
- NONE LISTED -
Debtor(s):
Joyce M Chapman-Simpson Represented By Vernon R Yancy
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 41
- NONE LISTED -
Debtor(s):
Simona Delli Jacobo Represented By Cameron Sanchez
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 37
- NONE LISTED -
Debtor(s):
Michelle Susan Rogalla Represented By Joshua L Sternberg
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 35
- NONE LISTED -
Debtor(s):
Stephanie Hamilton Represented By Jacqueline D Serrao
Trustee(s):
Nancy K Curry (TR) Represented By Jacqueline D Serrao
1:30 PM
Docket 69
None.
Debtor(s):
Mario G. Cardona Represented By Marcus G Tiggs
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
[11 U.S.C. § 1307(c)(6)]
fr 1-16-19; 2-27-19; 3-27-19
Docket 64
None.
Debtor(s):
Mario G. Cardona Represented By Jaenam J Coe
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 49
Debtor(s):
Mario Arellano Represented By Rebecca Tomilowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-27-19; 4-24-19
Docket 43
Debtor(s):
Mario Arellano Represented By Rebecca Tomilowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 93
- NONE LISTED -
Debtor(s):
Lazara Idalis Diaz Represented By Giovanni Orantes
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 18
None.
Debtor(s):
Nettabai Ahmed Represented By Scott Kosner
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 88
No opposition having been filed, and good cause presented, the motion is GRANTED. The order dismissing the debtors' bankruptcy case entered by the court on April 2, 2019 is vacated. The automatic stay is reinstated as of the entry of the order granting the motion. Any actions taken by any creditors of the estate between the April 2, 2019 entry of the order dismissing this chapter 13 case and the date of entry of this order shall not be affected by reinstatement of this bankruptcy case. This language must be included in the order. Pursuant to LBR 9021-1(b)(1)(B), debtors must lodge a proposed order via LOU within 7 days of the hearing. Appearances waived.
Debtor(s):
Ramon Villafana Macias Represented By Claudia C Osuna
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 0
The Order to Show Cause is discharged. Debtor has filed the necessary documents. This matter is now OFF CALENDAR. Appearances waived.
Debtor(s):
Robert M Gonzales Sr Pro Se
Trustee(s):
Nancy K Curry (TR) Represented By
Nancy K Curry (TR)
1:30 PM
fr 3-13-19; 4-10-19
Docket 64
None.
Debtor(s):
Sergio Moreno Morales Represented By
Leroy Bishop Austin Anthony Obehi Egbase
W. Sloan Youkstetter
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 27
None.
Debtor(s):
Belita L. Barrett Represented By
Rabin J Pournazarian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
by Claimant First Associates Loan Servicing, LLC with request for valuation of security, payment of fully secured claims, and modification of undersecured claims
Docket 16
No opposition was filed.
This objection to the proof of claim of First Associates Loan Servicing, LLC ("Claim No. 2") has been set for hearing on at least 30 days notice to the claimant as required by FRBP 3007 and LBR 3007-1. The failure of the claimant to file written opposition at least 14 days prior to the hearing as required by LBR 3007-1(b)(6) is considered as consent to the sustaining of the objection. See LBR 9013-1(h). Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
The court is granting the relief requested to disallow Claim No. 2. The claimant's default is entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). Appearances waived.
A proof of claim filed in accordance with the Federal Rules of Bankruptcy Procedure constitutes prima facie evidence of the validity and the amount of the claim, and such claim is deemed allowed unless a party in interest objects. Rule 3001(f); 11 U.S.C. § 502(a) (2012). Upon objection, a proof of claim provides "some evidence as to its validity and amount" and is "strong enough to carry over a mere formal objection without more." See Lundell v. Anchor Constr. Spec., Inc., 223 F.3d 1035, 1039 (9th Cir. 2000)
(citing In re Holm, 931 F.2d 620, 623 (9th Cir. 1991)).
An objecting party bears the burden of presenting evidence that is sufficient to overcome the presumptive validity of the claim and must "show facts tending to defeat the claim by probative force equal to that of the allegations of the proofs of claim themselves." Holm, 931 F.2d at 623. When the objector has shown enough evidence to negate one or more facts in the proof of claim, the burden shifts back to the claimant to prove the validity of
1:30 PM
the claim by a preponderance of the evidence. See Lundell, 223 F.3d at 1039 (quoting In re Consol. Pioneer Mort., 178 B.R. 222, 226 (9th Cir. BAP 1995)) (emphasis added).
The objection is SUSTAINED. Debtors have presented evidence sufficient to shift the burden of demonstrating the validity of Claim No. 2 onto the claimant. The claimant has failed to meet its burden. The court disallows Claim No. 2 as there are no supporting documents to evidence that a debt is owed.
Pursuant to LBR 9021-1(b)(1)(B), debtor must lodge an appropriate order via LOU within 7 days of the hearing.
Debtor(s):
Jorge Campana Represented By
David Samuel Shevitz
Joint Debtor(s):
Elizabeth Campana Represented By
David Samuel Shevitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 26
The objection to the exemption is SUSTAINED. The failure of the debtor to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(h) is considered as consent to the sustaining of the objection. LBR 9013-1(h). Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir.
1995). Further, the chapter 13 trustee has established a prima facie case for granting the relief requested. The debtor is not permitted to claim the homestead exemption in the amount of $100,000 under CCP § 704.730 since he does not meet any of the requirements to claim this exemption. The chapter 13 trustee shall submit an appropriate order. No appearance is necessary.
Debtor(s):
Jose O. Hospidales Represented By Stephen L Burton
Joint Debtor(s):
Staci Blue Hospidales Represented By Stephen L Burton
Movant(s):
Nancy K Curry (TR) Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 46
None.
Debtor(s):
Eyiko Eleen Abarca Represented By
R Grace Rodriguez
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 21
No opposition was filed.
Debtor seek to value debtor's PERSONAL PROPERTY, a 2006 BMW 325i ("BMW") at a retail sale value of $2,949. The subject property is secured by an interest held by Portfolio Recovery Associates, LLC ("PRC"), securing a loan with a balance as of the petition date of approximately $18,640.99. The valuation motion is accompanied by evidence that supports an appropriate retail value of $3,752. See In re Morales, 387 B.R. 36, 45 (Bankr. C.D. Cal.
2008). The valuation motion is supported by evidence as to the retail value of the subject property. The content of the notice meets the due process requirement that it be "reasonably calculated, under all of the circumstances, to apprise interested parties of the pendency of the action and to afford them the opportunity to present their objections." Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 314 (1950). Therefore, PRC's claim is only partially secured by a deed of trust lien.
The debtor's motion is GRANTED. PRC's claim will be allowed as a secured claim only in the amount of $2,949. 11 U.S.C. § 506(a). As a result, the chapter 13 plan must provide for full payment of the secured portion of the claim over the life of the plan and pay the unsecured portion of the lien with other unsecured claims. 11 U.S.C. §1325(a)(5)(B); see In re Enewally, 368 F.3d 1165, 1171-1172 (9th Cir. 2004), cert. den. 543 U.S. 1021, 125
S.Ct. 669 (2004). Appearances waived.
Pursuant to LBR 9021-1(b)(1)(B), debtor must serve and lodge a proposed order via LOU within 7 days of the hearing.
Debtor(s):
Washica Little Represented By
1:30 PM
Trustee(s):
Matthew D. Resnik
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 57
Debtor has not attached a declaration establishing the amount and priority of the liens on the property. Debtor is to address this issue at the hearing.
Debtor(s):
Roberto L Corona Represented By Kerry P O'Brien
Joint Debtor(s):
Maria R Corona Represented By Kerry P O'Brien
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
fr. 8-16-18; 11-8-18, 2-7-19; 3-7-19, 4-4-19
Docket 15
Debtor(s):
Randal D. Haworth M.D. Inc. Represented By Stella A Havkin
10:00 AM
fr 2-7-19
Docket 33
None.
Debtor(s):
Expressway Deliveries, Inc. Represented By
J. Bennett Friedman
10:00 AM
Docket 0
None.
Debtor(s):
Little Saigon Supermarket, LLC Represented By Elaine Nguyen Daniel J Weintraub
Amelia Puertas-Samara
10:00 AM
fr 1-31-19; 3-19-19
Docket 53
None.
Debtor(s):
Luis Carlos Flores Represented By Lionel E Giron
Joint Debtor(s):
Teresa Flores Represented By
Lionel E Giron
Movant(s):
Luis Carlos Flores Represented By Lionel E Giron Lionel E Giron
Teresa Flores Represented By
Lionel E Giron
10:00 AM
Docket 1103
None.
Debtor(s):
Massoud Tayyar Represented By
Rachel S Milman Esq Mark E Goodfriend George E Akwo
10:00 AM
fr. 4-25-19
Docket 1096
None.
Debtor(s):
Massoud Tayyar Represented By
Rachel S Milman Esq Mark E Goodfriend George E Akwo
10:00 AM
Docket 0
None.
Debtor(s):
Wajida Alhambra Represented By
Anthony Obehi Egbase Crystle Jane Lindsey
W. Sloan Youkstetter
10:00 AM
Docket 103
None.
Debtor(s):
Stanley Swain's, Inc. Represented By Steven R Fox
10:00 AM
Motion to continue hearing filed 4/29/19
Docket 566
None.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
10:00 AM
Docket 82
None.
Debtor(s):
Crescent Associates, LLC. Represented By Robert M Yaspan
2:00 PM
Heide Kurtz
Docket 21
None.
Final Ruling. This fee application has been set for hearing on the notice required by LBR 9013-1(d)(2) and other applicable rules. The failure of the debtor and parties in interest to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(f) is considered as consent to the granting of the motion. LBR 9013-1(h). CF. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). No appearance is allowed.
Heide Kurtz. Heide Kurtz("Trustee") has filed a Final Report and Application for Compensation and reimbursement of expenses pursuant to 11
U.S.C. §§ 326 & 330. Trustee has itemized $2,147.05 in fees and $58.58 in expenses, for a total of $2,205.63. No creditor or other party in interest, including the United States trustee, has filed an objection to the application.
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee’s services, payable after the trustee renders such services, not to exceed 25% of the first $5,000 or less, 10% on any amounts in excess of $5,000 but not in excess of
$50,000, 5% on any amount in excess of $50,000 but not in excess of
$1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the
2:00 PM
case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
In this case, the total money disbursed or turned over in the case by the Trustee to parties in interest, excluding the debtor, is $13,970.46. There being no extraordinary circumstances present in this case, the trustee’s requested compensation is presumed reasonable since it is sought at the statutory rate. In re Salgado-Nava, 473 B.R. 911 (9th Cir. BAP 2012).
The court finds that the Trustee’s requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is APPROVED.
Debtor(s):
Applicant shall submit an appropriate order.
Butler Compressor & Spray Represented By Taylor F Williams
Trustee(s):
Heide Kurtz (TR) Pro Se
2:00 PM
Docket 17
Hahn Fife & Company, LLP ("Hahn Fife"): The court has reviewed the Application of Hahn Fife for the Allowance of Fees and Reimbursement of Expenses. The court GRANTS the Application and awards $1,722.00 in fees and $238.80 in expenses, for a total of $1,960.80. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Debtor(s):
Trustee is to lodge an appropriate order.
Butler Compressor & Spray Represented By Taylor F Williams
Trustee(s):
Heide Kurtz (TR) Pro Se
2:00 PM
Peter J Mastan
Docket 0
None.
Final Ruling. This fee application has been set for hearing on the notice required by LBR 9013-1(d)(2) and other applicable rules. The failure of the debtor and parties in interest to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(f) is considered as consent to the granting of the motion. LBR 9013-1(h). CF. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). No appearance is allowed.
Peter J. Mastan. Peter J. Mastan ("Trustee") has filed a Final Report and Application for Compensation and reimbursement of expenses pursuant to 11 U.S.C. §§ 326 & 330. Trustee has itemized $9,689.49 in fees and
$100.95 in expenses, for a total of $9,786.44. No creditor or other party in interest, including the United States trustee, has filed an objection to the application.
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee’s services, payable after the trustee renders such services, not to exceed 25% of the first $5,000 or less, 10% on any amounts in excess of $5,000 but not in excess of
$50,000, 5% on any amount in excess of $50,000 but not in excess of
$1,000,000, and reasonable compensation not to exceed 3% of such moneys
2:00 PM
in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
In this case, the total money disbursed or turned over in the case by the Trustee to parties in interest, excluding the debtor, is $128,709.73. There being no extraordinary circumstances present in this case, the trustee’s requested compensation is presumed reasonable since it is sought at the statutory rate. In re Salgado-Nava, 473 B.R. 911 (9th Cir. BAP 2012).
The court finds that the Trustee’s requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is APPROVED.
Debtor(s):
Applicant shall submit an appropriate order.
Edward S. Ahn Represented By Steven T Gubner Darren B Neilson Robyn B Sokol Michael W Davis Reagan E Boyce Susan K Seflin Jessica L Bagdanov Larry W Gabriel
Joint Debtor(s):
Helen Ahn Represented By
Steven T Gubner Darren B Neilson Robyn B Sokol Michael W Davis Reagan E Boyce
2:00 PM
Trustee(s):
Susan K Seflin Jessica L Bagdanov Larry W Gabriel
Peter J Mastan (TR) Represented By Chad V Haes
2:00 PM
Docket 747
Marshack Hays LLP: The court has reviewed the Application of Marshack Hays LLP for the Allowance of Fees and Reimbursement of Expenses. The court GRANTS the Application and awards $41,564.50 in fees and $1,605.47 in expenses, for a total of $43,142.97. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Debtor(s):
Trustee is to lodge an appropriate order.
Edward S. Ahn Represented By Steven T Gubner Darren B Neilson Robyn B Sokol Michael W Davis Reagan E Boyce Susan K Seflin Jessica L Bagdanov Larry W Gabriel
Joint Debtor(s):
Helen Ahn Represented By
Steven T Gubner Darren B Neilson Robyn B Sokol Michael W Davis Reagan E Boyce
2:00 PM
Trustee(s):
Susan K Seflin Jessica L Bagdanov Larry W Gabriel
Peter J Mastan (TR) Represented By Chad V Haes
2:00 PM
Teeple LLP as Accountants for the Chapter 7 Trustee
Docket 749
Grobstein Teeple LLP: The court has reviewed the Application of Grobstein Teeple LLP for the Allowance of Fees and Reimbursement of Expenses. The court GRANTS the Application and awards $4,287.50 in fees and $224.95 in expenses, for a total of $4,511.45. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Trustee is to lodge an appropriate order.
Debtor(s):
Edward S. Ahn Represented By Steven T Gubner Darren B Neilson Robyn B Sokol Michael W Davis Reagan E Boyce Susan K Seflin Jessica L Bagdanov Larry W Gabriel
Joint Debtor(s):
Helen Ahn Represented By
Steven T Gubner Darren B Neilson Robyn B Sokol
2:00 PM
Trustee(s):
Michael W Davis Reagan E Boyce Susan K Seflin Jessica L Bagdanov Larry W Gabriel
Peter J Mastan (TR) Represented By Chad V Haes
10:00 AM
FR 1-29-19; 2/28/19
Docket 458
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
10:00 AM
Docket 0
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
10:00 AM
Adv#: 2:18-01435 Point.360, a California Corporation v. Medley Capital Corporation et al
fr 2-12-19; 2/28/19
Docket 1
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
Defendant(s):
Medley Capital Corporation Pro Se
Medley Opportunity Fund II LP Pro Se
Plaintiff(s):
Point.360, a California Corporation Represented By
Lewis R Landau
10:00 AM
PALMER/BOSTON ST PROPERTIES II VS
DEBTOR
Docket 7
- NONE LISTED -
Debtor(s):
Ray Dozier Pro Se
Movant(s):
Palmer/Boston St. Properties II, A Represented By
Joseph Cruz
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
ALLY BANK VS DEBTOR
Adam N. Barasch to appear by telephone
Docket 30
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's Dodge Charger. The debtor has failed to pay 12 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Olivia Shannon Represented By Daniel King
10:00 AM
Movant(s):
Ally Bank Represented By
Adam N Barasch
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
CAB WEST LLC VS
DEBTOR
Randall Mroczynski to appear by telephone
Docket 53
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is the lessor debtor's Ford Explorer. On February 16, 2019, the debtor voluntarily surrendered the vehicle to movant. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Scott David Narvell Represented By Charles J Brash
10:00 AM
Joint Debtor(s):
Rael Marie Narvell Represented By Charles J Brash
Movant(s):
Cab West LLC Represented By Jennifer H Wang
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
BAYVIEW LOAN SERVICING, LLC VS
DEBTOR
fr 2-26-19; 3-26-19
Lance Kaufman to appear by telephone
Docket 36
None.
Debtor(s):
Ricardo Cruz Represented By
Matthew D. Resnik
Movant(s):
BAYVIEW LOAN SERVICING, Represented By
Edward G Schloss
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Docket 43
None.
Debtor(s):
Hermila Flores Rueda Represented By Michael E Clark Barry E Borowitz
Movant(s):
U.S. BANK NATIONAL Represented By Sean C Ferry
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
DEUTSCHE BANK NATIONAL TRUST COMPANY
VS DEBTOR
Stipulation re adequate protection filed 5/10/19 Megan E Lees to appear by telephone
Docket 42
None.
Debtor(s):
Lopa Ahmed Represented By
Thomas B Ure
Movant(s):
Deutsche Bank National Trust Represented By Robert P Zahradka
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Kelly Raftery to appear by telephone
Docket 23
Due to movant's failure to service of the motion and hearing on all parties holding an interest in the subject property, the motion is DENIED without prejudice. Appearances waived.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Jonathan Gomez Pro Se
Movant(s):
U.S. Bank National Association Represented By Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
PEK EAN CHONG VS
DEBTOR
Docket 28
None.
Debtor(s):
Muriel Jones Represented By
Matthew D. Resnik
Movant(s):
Pek Ean Chong, Trustee of the Represented By Samuel H Park
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
fr 3-26-19, 4-23-19
Stipulation resolving opposition to motion filed 5/7/19 Erin M McCartney to appear by telephone
Docket 11
On May 7, 2019, the parties filed a stipulation to resolve the matter.
The parties have failed to lodge an order approving the stipulation. The parties are to lodge an appropriate order order on the stipulation for the Court's review. Accordingly, this matter is OFF CALENDAR. No appearance is required.
Debtor(s):
Eric Wayne Swain Represented By Matthew D. Resnik
Joint Debtor(s):
Rachel Marie Swain Represented By Matthew D. Resnik
Movant(s):
Eric Wayne Swain Represented By Matthew D. Resnik
10:00 AM
Rachel Marie Swain Represented By Matthew D. Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
That No Stay is in Effect under 11 U.S.C. 362(c)(4)(A)(ii) that stay terminated as to all property or Alternatively, Lifting any Stay to Allow Ex-Spouse Adia Jackson Leung to Garnish Debtor Amoni's Wages to Seek to Collect Judgment Owed from Divorce,
Which is Domestic Support Priority Debt, per 11 USC 507(a)(1)(A)
Docket 27
The debtor's was dismissed on April 25, 2019. As a result the the motion is DENIED as moot. Appearances waived.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Oraiu Amoni Represented By
Richard Warren Shuben
Movant(s):
Adia Jackson Represented By
Kathleen P March
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
JM KOENIG FAMILY PROPERTIES VS
DEBTOR
Stipulation for relief from stay filed 4/24/19 & 4/30/19
Docket 20
On April 24, 2019 the parties filed a stipulation to resolve the matter. The Court has reviewed the lodged order and stipulation and instructed the movant to file an amended stipulation in compliance with LBR 4001-1 and to lodge a new corresponding proposed order. The Court will then review the amended stipulation and refiled order. Accordingly, this matter is OFF CALENDAR. No appearance is required.
Debtor(s):
Donjia Gale Represented By
Sevag S Simonian
Movant(s):
JM Koenig Family Properties, LLC Represented By
David S Hagen
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
Telephonic Hearing
NATIONSTAR MORTGAGE LLC VS
DEBTOR
Angie M Marth to appear by telephone
Docket 26
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 62 pre- petition payments. There is no evidence that the debtor has made or tendered any payments to movant since the petition date. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d) (4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case
10:00 AM
under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11
U.S.C. § 362(d)(4). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Antonia Flores Represented By Edward A Villalobos
Movant(s):
Nationstar Mortgage LLC D/B/A Represented By
Angie M Marth
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
Telephonic Hearing
SANTANDER CONSUMER USA INC VS
DEBTOR
Randall Mroczynski to appear by telephone
Docket 266
The chapter 11 plan was confirmed on April 1, 2015. As a result, there is no automatic stay. Further the default occurred two years after confirmation. Moving party is to explain why relief from stay is necessary.
Debtor(s):
Philip L. Marchiondo Represented By Ian Landsberg
Movant(s):
Santander Consumer USA Inc. Represented By
Randall P Mroczynski
2:00 PM
Adv#: 2:19-01063 Cruz Montano v. SLFG SERVICES, LLC, a California Limited Liability
quiet title
cancellation of instruments
Docket 1
None.
Debtor(s):
Ricardo Cruz Represented By
Matthew D. Resnik
Defendant(s):
SLFG SERVICES, LLC, a Pro Se
JUAN GONZALEZ Pro Se
DOES 1 through 10, inclusive Pro Se
Plaintiff(s):
Ricardo Cruz Montano Represented By Matthew D. Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01435 Point.360, a California Corporation v. Medley Capital Corporation et al
fr. 4-23-19
Telephone Appearances:
Daren R Brinkman Committee of Unsecured Creditors Lewis Landau Point.360
Carey D Screiber Medley
Rolf S Woolner Medley
Docket 30
None.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
Defendant(s):
Medley Capital Corporation Represented By Justin E Rawlins
Medley Opportunity Fund II LP Represented By Justin E Rawlins
Plaintiff(s):
Point.360, a California Corporation Represented By
2:00 PM
Lewis R Landau
2:00 PM
Adv#: 2:18-01256 Katz v. R & R Management, LLC et al
fr. 10-9-18; 11-27-18, 1-29-19; 2-26-19
fr 4-9-19
Docket 1
This adversary proeceeding has been dismissed pursuant to the parties' settlement. This status conference is taken OFF CALENDAR. Appearances waived.
Debtor(s):
Little Saigon Supermarket, LLC Represented By Elaine Nguyen Daniel J Weintraub
Amelia Puertas-Samara Nina Z Javan
Defendant(s):
R & R Management, LLC Represented By Ian Landsberg
James Hung Nguyen Represented By Timothy F Umbreit Thomas K Emmitt
Biogreen Unlimited, Inc Represented By
2:00 PM
Timothy F Umbreit Thomas K Emmitt
Plaintiff(s):
Ira Benjamin Katz Represented By James R Selth
2:00 PM
Adv#: 2:18-01281
Katz v. Nguyen et al
Telephonic Hearing
avoidance of fraudulent transfers pursuant to 11 U.S.C. Section 544 and 548
recovery of fraudulent transfers pursuant to 11 U.S.C. Section 550
objection to proof of claim
disallowance of claim pursuant to 11 U.S.C. Section 502(d) and (j)
fr 11-6-18; 11-27-18, 1-29-19; 2-26-19
fr 4-9-19
Docket 1
This adversary proeceeding has been dismissed pursuant to the parties' settlement. This status conference is taken OFF CALENDAR. Appearances waived.
Debtor(s):
Little Saigon Supermarket, LLC Represented By Elaine Nguyen Daniel J Weintraub
Amelia Puertas-Samara Nina Z Javan
2:00 PM
Defendant(s):
Jasmine Hoa Nguyen Represented By Timothy F Umbreit
Biogreen Unlimited, Inc. Represented By Thomas K Emmitt Timothy F Umbreit
Plaintiff(s):
Ira Benjamin Katz Represented By James R Selth Nina Z Javan
2:00 PM
Telephonic Hearing
fr 5-1-19
Adam H Friedman to appear by telephone
Docket 13
None.
Debtor(s):
Scoobeez Represented By
Ashley M McDow
2:00 PM
Authorizing the maintenance of existing bank accounts and
Authorizing the continued use of cash collateral system;
fr 5-1-19
Docket 7
None.
Debtor(s):
Scoobeez Represented By
Ashley M McDow
2:00 PM
Telephonic Hearing
the payment of prepetition wages,
the continuation of employee programs postpetition,
the withholding and payment of payroll related taxes, and
the payment of prepetition claims relating to employee programs;
fr 5-1-19
Docket 8
None.
Debtor(s):
Scoobeez Represented By
Ashley M McDow
10:00 AM
Adv#: 2:18-01349 Johnson v. Sharaf
fr. 4-22-19
Docket 1
Debtor(s):
Hayssam Sharaf Pro Se
Defendant(s):
Hayssam Sharaf Pro Se
Plaintiff(s):
R.K. Johnson Represented By
JoAnne Belisle Frances M Campbell
Alexander Gregory Boone
Trustee(s):
Heide Kurtz (TR) Pro Se
10:00 AM
fr 1-29-19; 2-28-19; 5-13-19
Docket 458
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
10:00 AM
Docket 0
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
10:00 AM
Adv#: 2:18-01435 Point.360, a California Corporation v. Medley Capital Corporation et al
fr 2-12-19; 2-28-19; 5-13-19
Docket 1
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
Defendant(s):
Medley Capital Corporation Pro Se
Medley Opportunity Fund II LP Pro Se
Plaintiff(s):
Point.360, a California Corporation Represented By
Lewis R Landau
10:00 AM
Docket 0
This matter is off calendar. The court entered an order granting motion for final decree and to close the case on January 29, 2019. Appearances waived.
Debtor(s):
RPM Harbor Services, Inc. Represented By
Vanessa M Haberbush Lane K Bogard
David R Haberbush
10:00 AM
Docket 71
None.
Debtor(s):
Sergio Cayetano Montero Represented By Onyinye N Anyama
10:00 AM
Docket 145
No opposition was filed.
This objection to the proof of claim of Israel Ramos ("Claim No. 13") has been set for hearing on at least 30 days notice to the claimant as required by FRBP 3007 and LBR 3007-1. The failure of the claimant to file written opposition at least 14 days prior to the hearing as required by LBR 3007-1(b)(6) is considered as consent to the sustaining of the objection. See LBR 9013-1(h). Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
The court grants the relief requested to reclassify Claim No. 13. The claimant's default is entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). Appearances waived.
The objection is sustained. The court reclassifies Claim No. 13 as a general unsecured claim. Debtor shall submit an appropriate order granting the relief requested pursuant to this tentative ruling.
Debtor(s):
Ameriquest Security Service Represented By Michael Jay Berger
Movant(s):
Ameriquest Security Service Represented By Michael Jay Berger
10:00 AM
Docket 143
None.
Debtor(s):
Ameriquest Security Service Represented By Michael Jay Berger
10:00 AM
fr. 12-13-18, 4-25-19
Docket 1
None.
Debtor(s):
Ameriquest Security Service Represented By Michael Jay Berger
2:00 PM
Docket 83
None.
Debtor(s):
New West TC, LLC Represented By John P Reitman
Aleksandra Zimonjic Carmela Pagay Jeremy A Rhyne
Trustee(s):
Timothy Yoo (TR) Represented By Carmela Pagay John P Reitman Jack A Reitman
2:00 PM
Docket 182
None.
Debtor(s):
Carlo Bondanelli Represented By John D Monte Nathan D Meyer Michael J Glenn
Trustee(s):
Peter J Mastan (TR) Represented By John P Reitman
Aleksandra Zimonjic Jack A Reitman
2:00 PM
Docket 134
- NONE LISTED -
Debtor(s):
Kaveh Roshan Represented By
Andrew Edward Smyth
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Sonia Singh Richard K Diamond
2:00 PM
Docket 132
- NONE LISTED -
Debtor(s):
Kaveh Roshan Represented By
Andrew Edward Smyth
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Sonia Singh Richard K Diamond
11:00 AM
fr 3-13-19
Docket 17
None.
Debtor(s):
David Alberto Perez Represented By Heather J Canning
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
ACAR LEASING LTD dba GM FINANCIAL LEASING
VS DEBTOR
Jennifer H. Wang to appear by telephone
Docket 41
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is the lessor debtor's Cadillac SRX. On April 11, 2019, the debtor surrendered the vehicle to movant. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Alan M Brawer Represented By Jeffrey B Smith
Joint Debtor(s):
Ilyse Brawer Represented By
Jeffrey B Smith
Movant(s):
ACAR Leasing LTD dba GM Represented By Jennifer H Wang
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
PNC BANK, NATIONAL ASSOCIATION VS
DEBTOR
fr 3-26-19, 5-21-19
Docket 49
None.
Debtor(s):
Margaret E Jones Represented By Elena Steers
Movant(s):
PNC BANK, NATIONAL Represented By Vicki Ann Pringle Lucy Miller
Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK, N.A. VS
DEBTOR fr. 4-23-19
Docket 99
None.
Debtor(s):
Daniel Rivera Represented By Thomas B Ure
Movant(s):
WELLS FARGO BANK, N.A., AS Represented By
Leslie M Klott April Harriott Keith Labell Sean C Ferry
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
WILMINGTON TRUST, NATIONAL ASSOCIATION VS
DEBTOR fr. 4-23-19
Cassandra Richey to appear by telephone
Docket 50
None.
Debtor(s):
Paulette Therine Hibbert Represented By
Rabin J Pournazarian
Movant(s):
Wilmington Trust, National Represented By Sumit Bode
Cassandra J Richey
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WILMINGTON SAVINGS FUND SOCIETY VS
DEBTOR fr. 4-23-19
Docket 46
Debtor(s):
Consuelo C Chavira Represented By
W. Derek May
Movant(s):
Wilmington Savings Fund Society, Represented By
Kelsey X Luu
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
CITIBANK NATIONAL ASSOCIATION VS
DEBTOR
Darren J. Devlin to appear by telephone
Docket 25
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 4 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Amos K Sloan Represented By David L Nelson
Movant(s):
Citibank, National Association as Represented By
Darren J Devlin
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WILMINGTON TRUST NA VS
DEBTOR
Docket 12
Debtor's case was dismissed on April 8, 2019; however, because movant has requested in rem relief the court will retain its jurisdiction to hear the matter under 11 U.S.C. § 362.
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay any post- petition payments. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after
10:00 AM
the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11
U.S.C. § 362(d)(4). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Alicia Hernandez Pro Se
Movant(s):
Wilmington Trust, NA, successor Represented By
Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
JPMORGAN CHASE BANK NATIONAL ASSOCIATION
VS DEBTOR
Jenelle C. Arnold to appear by telephone
Docket 32
None.
Debtor(s):
Garry Vincent Trujillo Represented By Kevin T Simon
Joint Debtor(s):
Paula Jane Trujillo Represented By Kevin T Simon
Movant(s):
JPMorgan Chase Bank, National Represented By
Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
NATIONSTAR MORTGAGE LLC VS
DEBTOR
Dane Exnowski to appear by telephone
Docket 53
Debtor(s):
Mary Hanizel Agaza Fuentes Represented By Stanley D Bowman
Movant(s):
Nationstar Mortgage LLC D/B/A Represented By
Dane W Exnowski
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 13
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on April 22, 2019. This motion was filed on April 26, 2019, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition.
The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to all creditors. Pursuant to the evidence presented, the Court GRANTS the relief requested in the motion based upon an apparent
10:00 AM
change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Svetlana Chizhov Represented By Elena Steers
Movant(s):
Svetlana Chizhov Represented By Elena Steers Elena Steers Elena Steers
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 14
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on April 24, 2019. This motion was filed on May 3, 2019, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to creditors listed on pages 31-32 of the motion at Docket No. 14. Pursuant to the evidence presented, the Court GRANTS the relief
10:00 AM
requested in the motion based upon an apparent change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Kristine McCallie Represented By Ali R Nader
Movant(s):
Kristine McCallie Represented By Ali R Nader
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
PALMER/BOSTON ST.PROPERTIES II VS
DEBTOR
Docket 8
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d) (2). The stay is terminated as to the debtor and the debtor’s bankruptcy estate with respect to the movant, its successors, transferees and assigns. Movant may enforce its remedies to obtain possession of the property in accordance with applicable law, but may not pursue a deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Appearances waived.
Movant served the debtor with a three-day notice to quit the premises on February 4, 2019. When the debtor failed to vacate the premises, an unlawful detainer action was filed and served on February 13, 2019. A judgment was entered on April 16, 2019. Debtor filed the bankruptcy petition on April 29, 2019 in an apparent effort to stay enforcement of the unlawful detainer action. This motion has been filed to proceed with the unlawful detainer action. This action must go forward because the debtor’s right to possess the premises must be determined.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Grant Byers Pro Se
Movant(s):
Palmer/Boston St. Properties II, A Represented By
Joseph Cruz
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
HONDA LEASE TRUST VS
DEBTOR
Docket 9
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Since a chapter 7 case does not contemplate reorganization, the sole issue before the court when stay relief is sought under 11 U.S.C. § 362(d)(2) is whether the debtor has equity in the property. See e.g., Nev. Nat’l Bank v. Casgul of Nev., Inc. (In re Casgul of Nev., Inc.), 22 B.R. 65, 66 (9th Cir. BAP 1982); Ramco Indus. v. Preuss (In re Preuss), 15 B.R. 896 (9th Cir. BAP 1981). Appearances waived.
The debtor has no equity Honda Accord because he has only a leashold interest in it. This is "cause" to terminate the stay under 11
U.S.C. § 362(d)(1).
The 14-day stay of FRBP 4001(a)(3) is ordered waived due to the fact that the movant’s collateral is being used by the debtor without compensation and is depreciating in value. All other relief is denied.
The movant shall submit an appropriate order.
10:00 AM
Debtor(s):
Mario T. Salazar Represented By Steven B Lever
Movant(s):
Honda Lease Trust Represented By Vincent V Frounjian
Trustee(s):
Peter J Mastan (TR) Pro Se
10:00 AM
Telephonic Hearing
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Darren J. Devlin to appear by telephone
Docket 19
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1), and (d)
(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Since a chapter 7 case does not contemplate reorganization, the sole issue before the Court when stay relief is sought under 11 U.S.C. § 362(d)(2) is whether the debtor has equity in the property. See e.g., Nev. Nat’l Bank v. Casgul of Nev., Inc. (In re Casgul of Nev., Inc.), 22 B.R. 65, 66 (9th Cir. BAP 1982); Ramco Indus. v. Preuss (In re Preuss), 15 B.R. 896 (9th Cir. BAP 1981).
The subject real property has a value of $350,000.00 and is encumbered by a perfected deed of trust or mortgage in favor of the movant. The liens against the property total $621,555.29. The Court finds there is no equity and there is no evidence that the trustee can administer the subject real property for the benefit of creditors. Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed
10:00 AM
by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d).
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Carlos Franco Guzman Pro Se
Movant(s):
U.S Bank National Association as Represented By
Darren J Devlin
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
BOBS, LLC VS DEBTOR
cross collateralized with 773 Lilac Drive Los Osos, CA 934
fr. 4-23-19
Docket 8
None.
Debtor(s):
Kenneth C Chew Pro Se
Movant(s):
BOBS, LLC Represented By
David Jacob
Trustee(s):
Wesley H Avery (TR) Represented By David M Goodrich
10:00 AM
BOBS, LLC VS DEBTOR
fr. 4-23-19
Docket 7
Debtor(s):
None.
Kenneth C Chew Pro Se
Movant(s):
BOBS, LLC Represented By
David Jacob
Trustee(s):
Wesley H Avery (TR) Represented By David M Goodrich
11:00 AM
Telephonic Hearing
ORAL RULING
Telephonic appearances by:
Christopher D. Beatty
Daren R. Brinkman
Peter Burton
Garrick A. Hollander
David S. Kupetz
Carey D. Schreiber
Docket 324
None.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
2:00 PM
Adv#: 2:18-01341 Avery v. Posada et al
Docket 1
This matter is continued to August 6, 2019 at 2:00 p.m. Appearances waived.
Debtor(s):
Luis Posada Represented By
Raymond Perez
Defendant(s):
Luis Posada Pro Se
Evangelina Posada Pro Se
ARCADIO POSADA Pro Se
Anita Posada Pro Se
Plaintiff(s):
Wesley H. Avery Represented By Gennady L Lebedev
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
Adv#: 2:18-01093
Wike v. Hong
Telephonic Hearing
FR. 6-5-18; 6-26-18, 7-17-18, 8-14-18; 11-13-18
12-4-18; 12-18-18; 3-26-19
Shai Oved to appear by telephone
Docket 1
None.
Debtor(s):
Michael T Hong Represented By Young K Chang
Defendant(s):
Michael T Hong Pro Se
Plaintiff(s):
Chalmers Wike Represented By Marc Lazarus
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:00 PM
Adv#: 2:18-01092 Meier et al v. Welker, II
FR. 6-05-18; 6-12-18; 10-16-18; 1-15-19
4-23-19
Joint Notice of Settlement and request to continue filed 5/16/19
Docket 1
The parties have filed a notice of settlement. The pretrial conference is converted to a status conference and continued to June 11, 2019 at 2:00
p.m. to allow the parties to document their settlement. Appearances waived.
Tentative Ruling of 1/15/19:
The parties have submitted another stipulation to continue the pre-trial conference and extend the discovery cut-off. The pretrial conference is continued to April 23, 2019 at 2:00 p.m. The deadline to complete discovery is extended to April 1, 2019. No further continuances will be approved. The parties are required to comply with the Local Bankruptcy Rules in the preparation of a joint pretrial stipulation and to file it timely. Failure to do so may result in sanctions.
Appearances waived.
Debtor(s):
James Joseph Welker II Represented By Jeffrey N Wishman
Defendant(s):
James Joseph Welker II Pro Se
2:00 PM
Plaintiff(s):
Claudio Meier Represented By Bradford T Child
Brigitte Frank Meier Represented By Bradford T Child
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:19-01038 Ehrenberg v. Niu et al
fr 4-2-19
Docket 1
Debtor(s):
NCI Apparel, Inc. Represented By Todd B Becker
Defendant(s):
William L. Niu Pro Se
William L. Niu, A Professional Law Pro Se
Plaintiff(s):
Howard M. Ehrenberg Represented By Claire K Wu
Trustee(s):
Howard M Ehrenberg (TR) Represented By Claire K Wu
2:00 PM
Adv#: 2:17-01547
Mastan v. Bondanelli et al
Telephonic Hearing
Jack A. Reitman to appear by telephone
Docket 1
- NONE LISTED -
Debtor(s):
Carlo Bondanelli Represented By John D Monte Nathan D Meyer Michael J Glenn
Defendant(s):
Carlo Bondanelli Represented By Michael J Glenn
Carlo Bondanelli, as trustee of St. Represented By
Michael J Glenn
St. Joseph's Investments, Inc. Represented By Michael J Glenn
St. Joseph's Investments, Inc. in its Represented By
Michael J Glenn
Does 1-10, Inclusive Pro Se
Plaintiff(s):
Peter J Mastan Represented By
2:00 PM
Trustee(s):
John P Reitman Aleksandra Zimonjic Jack A Reitman
Peter J Mastan (TR) Represented By John P Reitman
Aleksandra Zimonjic Jack A Reitman
2:00 PM
Adv#: 2:17-01549 Mastan v. Desert Solis, Inc., a California corporation et al
Docket 1
- NONE LISTED -
Debtor(s):
Carlo Bondanelli Represented By John D Monte Nathan D Meyer Michael J Glenn
Defendant(s):
Desert Solis, Inc., a California Represented By Michael J Glenn
DOES 1-10, Inclusive Pro Se
Plaintiff(s):
Peter J Mastan Represented By John P Reitman
Aleksandra Zimonjic Jack A Reitman
Trustee(s):
Peter J Mastan (TR) Represented By John P Reitman
Aleksandra Zimonjic Jack A Reitman
2:00 PM
Adv#: 2:17-01550 Mastan v. Civitas Incorporated., a California corporation et
Docket 1
- NONE LISTED -
Debtor(s):
Carlo Bondanelli Represented By John D Monte Nathan D Meyer Michael J Glenn
Defendant(s):
Civitas Incorporated., a California Represented By
Michael J Glenn
St. Joseph's Investments, Inc., a Represented By Michael J Glenn
DOES 1-10, Inclusive Pro Se
Plaintiff(s):
Peter J Mastan Represented By John P Reitman
Aleksandra Zimonjic Jack A Reitman
Trustee(s):
Peter J Mastan (TR) Represented By John P Reitman
Aleksandra Zimonjic
2:00 PM
Jack A Reitman
10:00 AM
fr 3-19-19, 4-23-19
Docket 126
None.
Debtor(s):
Kaveh Roshan Represented By
Andrew Edward Smyth
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Sonia Singh Richard K Diamond
10:00 AM
fr 3-19-19, 4-23-19
Docket 127
None.
Debtor(s):
Kaveh Roshan Represented By
Andrew Edward Smyth
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Sonia Singh Richard K Diamond
10:00 AM
Adv#: 2:17-01516 Villas Del Rey Condominium Assoc. v. Roshan
Docket 1
- NONE LISTED -
Debtor(s):
Kaveh Roshan Represented By
Andrew Edward Smyth
Defendant(s):
Kaveh Roshan Represented By
Andrew Edward Smyth
Plaintiff(s):
Villas Del Rey Condominium Assoc. Represented By
Dennis E McGoldrick
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Sonia Singh Richard K Diamond
10:00 AM
Prohibiting Utility Companies from altering, refusing, or discontinuing service,
determining adequate assurance of payment for future utility services, and
establishing procedures for determining adequate assurance of payment
Stipulation for authorization to use cash collateral & Appt of CRO filed 5/22/19
Docket 65
None.
Debtor(s):
Scoobeez Represented By
Ashley M McDow
10:00 AM
Appointing Brian Weiss as Chief Restructuring Officer of the Debtor's Nunc Pro Tunc to May 16, 2019
Stipulation for authorization to use cash collateral & Appt of CRO filed 5/22/19
Docket 63
None.
Debtor(s):
Scoobeez Represented By
Ashley M McDow
1:00 PM
Telephone Appearances:
James Bastian Haig Bagerdijan
Daren Brinkman Comm. of Unsecured Creditors
Lewis Landau Point.360
Carey Schreiber Medley Capital
Docket 665
None.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
Movant(s):
Visual Data Media Services, Inc. Represented By
Ron Bender Jeffrey F Gersh David S Kupetz Claire K Wu Elissa Miller Asa S Hami
10:00 AM
Docket 0
- NONE LISTED -
1:30 PM
fr. 5-16-18; 7-11-18; 9-12-18; 11-14-18; 1-30-19
3-27-19
Docket 57
- NONE LISTED -
Debtor(s):
Kevork N Ashkharian Represented By
David I Brownstein Joshua L Sternberg
Joint Debtor(s):
Sonia F Ashkharian Represented By
David I Brownstein Joshua L Sternberg
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
U.S.C. §1307(c)
fr. 9-20-17; 11-15-17; 1-31-18; 3-28-18; 4-18-18
6-27-18; 9-12-18; 11-14-18; 2-6-19; 4-10-19
Docket 60
- NONE LISTED -
Debtor(s):
Inna Dmitriev Represented By Elena Steers
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 4-18-18; 6-13-18; 7-11-18; 9-12-18; 11-14-18
1-30-19; 3-27-19
Docket 46
- NONE LISTED -
Debtor(s):
Jesus Cardenas Represented By Leonard Pena
Joint Debtor(s):
Maria Dora Cardenas Represented By Leonard Pena
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 4-10-19
Docket 55
- NONE LISTED -
Debtor(s):
Franklin Hernan Gonzalez Represented By Michael Y Lo
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3-27-19
Docket 48
- NONE LISTED -
Debtor(s):
Neauman Wayne Morgan Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 6-13-18; 8-22-18; 10-17-18; 12-12-18
fr 2-6-19; 4-10-19
Docket 59
- NONE LISTED -
Debtor(s):
Louie Jim Pagoulatos Represented By Brad Weil
Joint Debtor(s):
Rosemary Guzman Represented By Brad Weil
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 11-7-18;1-16-19; 3-27-19
Docket 74
- NONE LISTED -
Debtor(s):
Todd A King Represented By
Julie J Villalobos
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 3-27-19
Docket 38
- NONE LISTED -
Debtor(s):
Mckay San Represented By
Tina H Trinh
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-14-18; 2-6-19; 3-27-19
Docket 44
- NONE LISTED -
Debtor(s):
Joseph Jennings Represented By David L Speckman
Joint Debtor(s):
Monalisa E Jennings Represented By David L Speckman
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3-27-19
Docket 101
- NONE LISTED -
Debtor(s):
Timothy Joseph Bussio Represented By Joshua L Sternberg
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 4-10-19
Docket 40
- NONE LISTED -
Debtor(s):
Richard Martin Afanador Represented By Ali R Nader
Joint Debtor(s):
Ja'nice Inez Afanador Represented By Ali R Nader
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-6-19; 4-10-19
Docket 26
- NONE LISTED -
Debtor(s):
Manuel Alejandro Barrios Represented By
D Justin Harelik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-27-19; 4-24-19
Docket 35
- NONE LISTED -
Debtor(s):
Charles Allen Contreras Represented By Joshua L Sternberg
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 4-10-19
Docket 38
- NONE LISTED -
Debtor(s):
Doreen Andrea Spencer Represented By Sundee M Teeple Craig K Streed
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-14-18; 2-6-19; 3-13-19; 3-27-19
Docket 46
- NONE LISTED -
Debtor(s):
Armando Diaz Represented By Christopher J Langley
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 1-30-19; 3-27-19
Docket 20
- NONE LISTED -
Debtor(s):
Luis Vega Represented By
Heather J Canning
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-7-18; 1-16-19; 3-27-19
Docket 36
- NONE LISTED -
Debtor(s):
Charles Hansford Jr. Represented By Erika Luna
Joint Debtor(s):
Denise Hansford Represented By Erika Luna
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 87
- NONE LISTED -
Debtor(s):
Henry Franco Represented By Heather J Canning Barry E Borowitz David Brian Lally
Joint Debtor(s):
Roselia Vargas Franco Represented By Heather J Canning Barry E Borowitz David Brian Lally
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 56
- NONE LISTED -
Debtor(s):
Margaret E Jones Represented By Elena Steers
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 72
- NONE LISTED -
Debtor(s):
Jorge Reyes Represented By
Brad Weil
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 29
- NONE LISTED -
Debtor(s):
Anna M Black Represented By Lauren Rode
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 29
- NONE LISTED -
Debtor(s):
Lorranie Melissande Sheldon Represented By
D Justin Harelik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 44
- NONE LISTED -
Debtor(s):
Felipe Gonzalez Represented By Jaime A Cuevas Jr.
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 27
- NONE LISTED -
Debtor(s):
Vickie Lynn Gill Represented By Brad Weil
Joint Debtor(s):
James Edward Gill Represented By Brad Weil
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 47
- NONE LISTED -
Debtor(s):
DAMON C. SWEATT Represented By Vernon R Yancy
Joint Debtor(s):
JAMIENIQUE T SWEATT Represented By Vernon R Yancy
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 74
None.
Debtor(s):
George Chavez Jr. Represented By Lior Katz
Joint Debtor(s):
Nate Charisse Chavez Represented By Lior Katz
Trustee(s):
Nancy K Curry (TR) Represented By
Nancy K Curry (TR)
1:30 PM
Docket 33
No opposition having been filed, and good cause presented, the motion is GRANTED. The order dismissing the debtors' bankruptcy case entered by the court on May 8, 2019 is vacated. The automatic stay is reinstated as of the entry of the order granting the motion. Any actions taken by any creditors of the estate between the May 8, 2019 entry of the order dismissing this chapter 13 case and the date of entry of this order shall not be affected by reinstatement of this bankruptcy case. This language must be included in the order. Pursuant to LBR 9021-1(b)(1)(B), debtors must lodge a proposed order via LOU within 7 days of the hearing. Appearances waived.
Debtor(s):
Curt B Hand Represented By
Nancy Korompis
Joint Debtor(s):
Rebecca L. Hand Represented By Nancy Korompis
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3-13-19; 4-10-19; 5-8-19
Docket 64
None.
Debtor(s):
Sergio Moreno Morales Represented By
Leroy Bishop Austin Anthony Obehi Egbase
W. Sloan Youkstetter
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 49
The court issued an Order to Show Cause why the court should not convert or dismiss debtor’s case for failure to comply with 11 U.S.C. 109(e). The debtor's case was subsequently dismissed on May 16, 2019. This matter is now OFF CALENDAR. Appearances waived.
Debtor(s):
Jong Wo Hong Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 63
No opposition having been filed, and good cause presented, the motion is GRANTED. Pursuant to LBR 9021-1(b)(1)(B), debtor must lodge a proposed order via LOU within 7 days of the hearing. Appearances waived.
Debtor(s):
Narciso De leon Represented By Bobby Samini
Joint Debtor(s):
Linda De leon Represented By Bobby Samini
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 50
None.
Debtor(s):
Santiago Villalobos Represented By
Jeffrey V Hernandez
Joint Debtor(s):
Sylvia Leticia VIllalobos Represented By
Jeffrey V Hernandez
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 35
None.
Debtor(s):
Muriel Jones Represented By
Matthew D. Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 21
None.
Debtor(s):
Colin Hooks Pro Se
Movant(s):
Nancy K Curry (TR) Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 0
None.
Debtor(s):
VICENTE SOLIS Represented By Michael D Luppi
Joint Debtor(s):
SONIA LARA SOLIS Represented By Michael D Luppi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 123
No opposition was filed.
This objection to the proof of claim of Gregory Daly ("Claim No. 13") has been set for hearing on at least 30 days notice to the claimant as required by FRBP 3007 and LBR 3007-1. The failure of the claimant to file written opposition at least 14 days prior to the hearing as required by LBR 3007-1(b)(6) is considered as consent to the sustaining of the objection. See LBR 9013-1(h). Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
The claimant's default is entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). The objection is sustained. Claim No. 13 is disallowed. Claimant may not assert a claim for personal liability for real property taxes under Missouri law. The taxes attach to the property.
Appearances waived.
The objecting party shall submit an appropriate order granting the relief requested pursuant to this tentative ruling.
Debtor(s):
Joseph Hoats Represented By
Alan W Forsley
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 30
On May 23, 2019, Debtor filed a voluntary dismissal of the instant objection. This matter is now OFF CALENDAR. Appearances waived.
Debtor(s):
Belita L. Barrett Represented By
Rabin J Pournazarian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 35
No opposition was filed.
This objection to the proof of claim of MUFG Union Bank N.A. ("Claim No. 12") has been set for hearing on at least 30 days notice to the claimant as required by FRBP 3007 and LBR 3007-1. The failure of the claimant to file written opposition at least 14 days prior to the hearing as required by LBR 3007-1(b)(6) is considered as consent to the sustaining of the objection. See LBR 9013-1(h). Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
The court is granting the relief requested to disallow Claim No. 1. The claimant's default is entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). Appearances waived.
The objection is sustained. The court disallows Claim No. 12 as it was not timely filed. Claim No. 12 was filed on February 28, 2019, after the deadline of February 8, 2019 for filing claims in this case. The objecting party shall submit an appropriate order granting the relief requested pursuant to this tentative ruling.
Debtor(s):
Raul C Martinez Represented By Kerry A Denton
Movant(s):
Raul C Martinez Represented By Kerry A Denton Kerry A Denton
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
1:30 PM
for valuation of security, payment of fully secured claims, and modification of undersecured claims
Docket 14
No opposition was filed.
This objection to the proof of claim of Reviver Financial, LLC ("Claim No. 4") has been set for hearing on at least 30 days notice to the claimant as required by FRBP 3007 and LBR 3007-1. The failure of the claimant to file written opposition at least 14 days prior to the hearing as required by LBR 3007-1(b)(6) is considered as consent to the sustaining of the objection. See LBR 9013-1(h). Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
The claimant's default is entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). The objection is sustained. Claim No. 4 is disallowed. The claim is barred by the four year statute of limitations. Appearances waived.
The objecting party shall submit an appropriate order granting the relief requested pursuant to this tentative ruling.
Debtor(s):
Ani Maria Kazazian Represented By
David Samuel Shevitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 16
The valuation motion is DENIED without prejudice.
Debtors seek to value debtors' PERSONAL PROPERTY, a 2011 Honda Accord, at a fair market value of $5,500. The subject property is secured by an interest held by Santander Consumer USA Inc., securing a loan with a balance as of the petition date of approximately $17,666.32.
Debtor has not established a prima facie case for the granting of the relief requested in the motion.
Debtor must use the retail value of the car, and submit a N.A.D.A. Guide retail value or other such evidence of valuation. Debtors' CarMax purchase offer is in sufficient. Courts have employed a variety of vehicle valuation methods under § 506(a)(2), and presently the Ninth Circuit has not established a uniform method. See In re Ayres, 2010 WL 652825 at *5 (Bankr. N.D. Cal.) (collecting cases detailing vehicle valuation and describing the state of the law in the Ninth Circuit). However, in In re Morales, the United States Bankruptcy Court for the Central District of California determined that retail value should be calculated "by adjusting the Kelley Blue Book or N.A.D.A. Guide retail value for a like vehicle by a reasonable amount in light of the evidence presented regarding the condition of the vehicle or any other relevant factors." In re Morales, 387 B.R. 36, 45 (Bankr.
C.D. Cal. 2008). Appearances waived.
Pursuant to LBR 9021-1(b)(1)(B), debtors must lodge a proposed order via LOU within 7 days of the hearing.
Debtor(s):
William Phillip Vogel Represented By
1:30 PM
Elena Steers
Joint Debtor(s):
Maricela Vogel Represented By Elena Steers
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 4-24-19
Docket 22
This hearing was continued to allow the debtor an opportunity to file a declaration establishing proof of the value of the Chevrolet Silverado.
Nothing has been filed since the last hearing. Debtor is to explain his failure to file the required declaration.
Debtor(s):
Eric Wayne Swain Represented By Matthew D. Resnik
Joint Debtor(s):
Rachel Marie Swain Represented By Matthew D. Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 43
On May 15, 2019, the parties filed a stipulation to resolve the matter.
The Court will review the order lodged. Accordingly, this matter is OFF CALENDAR. No appearance is required.
Debtor(s):
Eric Wayne Swain Represented By Matthew D. Resnik
Joint Debtor(s):
Rachel Marie Swain Represented By Matthew D. Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 8
None.
Debtor(s):
Hae Jo Jung Pro Se
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
Docket 12
None.
Debtor(s):
Joyce Barlow Represented By
Giovanni Orantes Luis A Solorzano
10:00 AM
fr.7-19-18; 10-18-18; 12-13-18, 1-31-19
4-25-19
Docket 144
Reorganized Debtor is to explain why no status report was filed.
Debtor(s):
William O Haight Represented By Dana M Douglas M Jonathan Hayes
10:00 AM
Docket 292
No opposition was filed.
The motion is GRANTED. The Order at Docket No. 282 is vacated and an amended order is to provide 20151291579 as the corrected instrument number for the deed of trust and October 21, 2015 as its recording date.
Appearances waived. Movant shall upload an appropriate order.
Debtor(s):
Robert Joseph Blessing Pro Se
10:00 AM
Docket 154
No opposition was filed.
The motion to approve the stipulation between the debtor and Mehdi Yahanejad ("Yahanejad") is GRANTED. Yahanejad's relief is limited to the terms of the stipulation found in motion at Docket No. 155 at 14-16.
Appearances waived.
Movant shall upload an appropriate order.
Debtor(s):
Lucky Cats, Inc. Represented By Steven R Fox
W. Sloan Youkstetter
10:00 AM
Docket 94
No opposition was filed.
The court has reviewed the Application of Steven R. Fox for the Allowance of Fees and Reimbursement of Expenses. The court GRANTS the Application and awards $42,302.50 in fees and $2,465.52 in costs, for a total of $44,768.02. The total, less a retainer of $24,845.50, results in an unpaid balance of $19,922.52, which is to be paid by the debtor. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Debtor(s):
Debtors’ counsel is to lodge an appropriate order.
Sumar International, Inc. Represented By Steven R Fox
W. Sloan Youkstetter
10:00 AM
Docket 89
No opposition was filed.
The motion is GRANTED. The deadline to file a plan and disclosure statement is extend to July 2, 2019. Appearances waived. Movant shall upload an appropriate order.
Debtor(s):
Crescent Associates, LLC. Represented By Robert M Yaspan
10:00 AM
Docket 72
No opposition was filed.
This objection to the proof of claim of Cavalry SPV I, LLC ("Claim No.
1") has been set for hearing on at least 30 days notice to the claimant as required by FRBP 3007 and LBR 3007-1. The failure of the claimant to file written opposition at least 14 days prior to the hearing as required by LBR 3007-1(b)(6) is considered as consent to the sustaining of the objection. See LBR 9013-1(h). Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
The objection is sustained. Claim No. 1 is disallowed as the four-year statute of limitations has expired on the account under California Code of Civil Procedure 337. The objecting party shall submit an appropriate order granting the relief requested pursuant to this tentative ruling. Appearances waived.
The objecting party shall submit an appropriate order granting the relief requested pursuant to this tentative ruling.
Debtor(s):
Carla Langley Represented By Kevin Tang
10:00 AM
(Second Supplement)
Docket 115
None.
Debtor(s):
Stanley Swain's, Inc. Represented By Steven R Fox Janis G Abrams
10:00 AM
fr. 4-4-19
Docket 63
None.
Debtor(s):
Robert Gabriel Represented By Onyinye N Anyama
Movant(s):
Robert Gabriel Represented By Onyinye N Anyama
10:00 AM
Telephonic Hearing
fr. 11-8-18; 2-7-19, 4-4-19
Onyinye Anyama to appear by telephone
Docket 0
This status conference is continued to June 6, 2019 at 10:00 a.m.
Appearances waived.
Debtor(s):
Robert Gabriel Represented By Onyinye N Anyama
10:00 AM
fr. 5-9-19
Docket 1103
None.
Debtor(s):
Massoud Tayyar Represented By
Rachel S Milman Esq Mark E Goodfriend George E Akwo
10:00 AM
Docket 598
- NONE LISTED -
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
2:00 PM
Telephonic Hearing
Sam Leslie to appear by telephone
Docket 15
None.
Debtor(s):
Adelina Joy Timbol Represented By Jamie Roberts
Trustee(s):
Sam S Leslie (TR) Pro Se
2:00 PM
Elissa Miller
Docket 157
Final Ruling. This fee application has been set for hearing on the notice required by LBR 9013-1(d)(2) and other applicable rules. The failure of the debtor and parties in interest to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(f) is considered as consent to the granting of the motion. LBR 9013-1(h). CF. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). No appearance is allowed.
Elissa D. Miller. Elissa D. Miller ("Trustee") has filed a Final Report and Application for Compensation and reimbursement of expenses pursuant to 11 U.S.C. §§ 326 & 330. Trustee has itemized $38,450.83 in fees and
$46.21 in expenses, for a total of $38,497.04. No creditor or other party in interest, including the United States trustee, has filed an objection to the application.
Thomas B. Ure. Thomas B. Ure ("Ure") has filed a Final Report and Application for Compensation and reimbursement of expenses pursuant to 11
U.S.C. §§ 326 & 330. Trustee has itemized $10,534.50 in fees and $480.30 in expenses, for a total of $11,014.80. No creditor or other party in interest, including the United States trustee, has filed an objection to the application.
2:00 PM
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee’s services, payable after the trustee renders such services, not to exceed 25% of the first $5,000 or less, 10% on any amounts in excess of $5,000 but not in excess of
$50,000, 5% on any amount in excess of $50,000 but not in excess of
$1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
In this case, the total money disbursed or turned over in the case by the Trustee to parties in interest, excluding the debtor, is $789,462.84. There being no extraordinary circumstances present in this case, the trustee’s requested compensation is presumed reasonable since it is sought at the statutory rate. In re Salgado-Nava, 473 B.R. 911 (9th Cir. BAP 2012).
The court finds that the Trustee’s requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is APPROVED. Applicant shall submit an appropriate order.
Debtor(s):
Rhonda E. Reynolds Represented By Leonard Pena
Trustee(s):
Elissa Miller (TR) Pro Se
2:00 PM
Howard Ehrenberg
Docket 26
Final Ruling. This fee application has been set for hearing on the notice required by LBR 9013-1(d)(2) and other applicable rules. The failure of the debtor and parties in interest to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(f) is considered as consent to the granting of the motion. LBR 9013-1(h). CF. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). No appearance is allowed.
Howard M. Ehrenberg. Howard M. Ehrenberg ("Trustee") has filed a Final Report and Application for Compensation and reimbursement of expenses pursuant to 11 U.S.C. §§ 326 & 330. Trustee has itemized
$1,250.00 in fees and $34.86 in expenses, for a total of $1,284.86. No creditor or other party in interest, including the United States trustee, has filed an objection to the application.
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee’s services, payable after the trustee renders such services, not to exceed 25% of the first $5,000 or less, 10% on any amounts in excess of $5,000 but not in excess of
$50,000, 5% on any amount in excess of $50,000 but not in excess of
$1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the
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case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
In this case, the total money disbursed or turned over in the case by the Trustee to parties in interest, excluding the debtor, is $5,000.00. There being no extraordinary circumstances present in this case, the trustee’s requested compensation is presumed reasonable since it is sought at the statutory rate. In re Salgado-Nava, 473 B.R. 911 (9th Cir. BAP 2012).
The court finds that the Trustee’s requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is APPROVED. Applicant shall submit an appropriate order.
Debtor(s):
Matthew John Tevere Represented By Allan S Williams
Joint Debtor(s):
Robyn Lee Tevere Represented By Allan S Williams
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:00 AM
Docket 0
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
10:00 AM
fr 1-29-19; 2-28-19; 5-13-19; 5-15-19;
Docket 458
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
10:00 AM
fr. 5-9-19
Docket 566
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
10:00 AM
Docket 633
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
10:00 AM
Docket 641
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
10:00 AM
Adv#: 2:18-01435 Point.360, a California Corporation v. Medley Capital Corporation et al
fr 2-12-19; 2-28-19; 5-13-19; 5-15-19;
Docket 1
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
Defendant(s):
Medley Capital Corporation Pro Se
Medley Opportunity Fund II LP Pro Se
Plaintiff(s):
Point.360, a California Corporation Represented By
Lewis R Landau
10:00 AM
fr 5-30-19
Docket 598
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
10:00 AM
Docket 597
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
9:00 AM
fr 1-29-19; 2-28-19; 5-13-19; 5-15-19; 5-31-19;
Docket 458
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
9:00 AM
fr 1-29-19; 2-5-19; 2-28-19; 5-13-19; 5-15-19; 5-31-19
Docket 0
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
9:00 AM
Adv#: 2:18-01435 Point.360, a California Corporation v. Medley Capital Corporation et al
fr 2-12-19; 2-28-19; 5-13-19; 5-15-19; 5-31-19
Docket 1
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
Defendant(s):
Medley Capital Corporation Pro Se
Medley Opportunity Fund II LP Pro Se
Plaintiff(s):
Point.360, a California Corporation Represented By
Lewis R Landau
10:00 AM
fr 1-29-19; 2-28-19; 5-13-19; 5-15-19; 5-31-19;
Docket 458
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
10:00 AM
fr 1-29-19; 2-5-19; 2-28-19; 5-13-19; 5-15-19; 5-31-19
Docket 0
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
10:00 AM
Adv#: 2:18-01435 Point.360, a California Corporation v. Medley Capital Corporation et al
fr 2-12-19; 2-28-19; 5-13-19; 5-15-19; 5-31-19
Docket 1
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
Defendant(s):
Medley Capital Corporation Pro Se
Medley Opportunity Fund II LP Pro Se
Plaintiff(s):
Point.360, a California Corporation Represented By
Lewis R Landau
10:00 AM
MORGAN PICKS TWO, LLC VS
DEBTOR
Docket 10
None.
Debtor(s):
Juan Olvera Represented By
Thomas B Ure
Movant(s):
Morgan Picks Two, LLC, A Represented By Barry L O'Connor
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DUJACK INVESTMENT, INC VS
DEBTOR
Case dismissed 5/21/19
Notice of Movant's intent to proceed with motion despite dismissal filed 5/21/19
Docket 8
On May 21, 2019 the Court entered an order dismissing the debtor's bankruptcy case. The Court does not retain jurisdiction to grant the extraordinary in rem relief sought by movant. Accordingly, the motion is DENIED as moot. The hearing on this motion is now OFF CALENDAR. Appearances waived.
Debtor(s):
Hyun Choi Pro Se
Movant(s):
Dujack Investment, Inc. Represented By Joseph Cruz
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
HONDA LEASE TRUST VS
DEBTOR
Vincent Frounjian to appear by telephone
Docket 21
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is the lessor debtor's Honda Civic. On April 8, 2019, the lease matured. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
Debtor(s):
Tomia Labachyan Represented By Danny K Agai
Movant(s):
HONDA LEASE TRUST Represented By Vincent V Frounjian
10:00 AM
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
FORD MOTOR CREDIT COMPANY LLC VS
DEBTOR
John H. Kim to appear by telephone
Docket 52
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's Ford C-Max. The debtor has failed to pay post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d).
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Joan Fan Represented By
Matthew D. Resnik
Movant(s):
Ford Motor Credit Company LLC Represented By
Jennifer H Wang
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
FINANCIAL SERVICES VEHICLE TRUST VS
DEBTOR
Docket 15
None.
Debtor(s):
Isaac Vizcarra Represented By Jaime A Cuevas Jr.
Movant(s):
Financial Services Vehicle Trust Represented By
Cheryl A Skigin
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
SANTANDER CONSUMER USA, INC. VS
DEBTOR
John H. Kim to appear by telephone
Docket 15
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is the lessor debtor's Dodge Challenger. On February 21, 2019, the lease matured. This is "cause" to terminate the stay under 11
U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
Debtor(s):
Scott Wilson Margot Represented By Jeffrey N Wishman
Movant(s):
Santander Consumer USA Inc. dba Represented By
Jennifer H Wang
10:00 AM
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK, N.A. VS
DEBTOR fr 4-2-19
Docket 41
None.
Debtor(s):
Peter J Dragaloski Represented By
Amelia Puertas-Samara Hasmik Jasmine Papian
Joint Debtor(s):
Lara Mae Dragaloski Represented By
Hasmik Jasmine Papian
Movant(s):
Wells Fargo Bank, N.A. Represented By Marisol A Nagata John Chandler
Gwendolyn C McClain Cassandra J Richey
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
U.S. BANK NA VS
DEBTOR
Stip of the parties filed 5-31-19 Megan Lees to appear by telephone
Docket 63
None.
Debtor(s):
Judith Michelle Thompson Represented By Tamar Terzian
Joint Debtor(s):
Steven Russell Thompson Represented By Tamar Terzian
Movant(s):
U.S. Bank NA, successor trustee to Represented By
Robert P Zahradka
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
DITECH FINANCIAL LLC VS
DEBTOR
Kelsey Luu to appear by telephone
Docket 93
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 4 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Michelle Jacildo Mandel Represented By
10:00 AM
Movant(s):
Steven B Lever
Ditech Financial LLC Represented By Keena N Newmark Kelsey X Luu
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
RTED AMERICA, LLC VS
DEBTOR
Stipulation for adequate protection filed 5/31/19 Bonni Mantovani to appear by telephone
Docket 104
None.
Debtor(s):
William Osmeo Godoy Represented By Joshua L Sternberg
Joint Debtor(s):
Veronica Godoy Represented By Joshua L Sternberg
Movant(s):
RTED America, LLC Represented By Bruce T Bauer
Alexander G Meissner
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
JPMORGAN CHASE BANK, NATIONAL ASOCIATION
VS DEBTOR
Docket 48
None.
Debtor(s):
Teresita Requillas Orcini Represented By Thomas B Ure
Movant(s):
JPMorgan Chase Bank, National Represented By
Christina J O
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DEUTSCHE BANK NATIONAL TRUST COMPANY
VS DEBTOR
Docket 42
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 6 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Michelle Evelyn Stewart Represented By Bradley J Yourist
10:00 AM
Movant(s):
DEUTSCHE BANK NATIONAL Represented By
Sean C Ferry Eric P Enciso
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
RED LEAF MANAGEMENT VS
DEBTOR
Docket 12
Debtor's case was dismissed on May 23, 2019; however, because movant has requested (d)(4) relief the Court will retain its jurisdiction to hear the matter under 11 U.S.C. § 362.
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 2 post- petition payments. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed
10:00 AM
circumstances or for good cause shown, after notice and a hearing. 11
U.S.C. § 362(d)(4). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Haizea Albinson Pro Se
Movant(s):
Red Leaf Management Represented By Daniel I Singer
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
BMW BANK OF NORTH AMERICA VS
DEBTOR
Docket 10
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Since a chapter 7 case does not contemplate reorganization, the sole issue before the court when stay relief is sought under 11 U.S.C. § 362(d)(2) is whether the debtor has equity in the property. See e.g., Nev. Nat’l Bank v. Casgul of Nev., Inc. (In re Casgul of Nev., Inc.), 22 B.R. 65, 66 (9th Cir. BAP 1982); Ramco Indus. v. Preuss (In re Preuss), 15 B.R. 896 (9th Cir. BAP 1981). Appearances waived.
The subject property has a value of $23,412.00 and is encumbered by a perfected security interest in favor of the movant. That security interest secures a claim of $29,505.48. There is no equity in the subject property and no evidence that the trustee can administer the subject property for the benefit of creditors. The trustee has filed a no asset report. Also, the debtor has not provided movant with proof of insurance on the subject property. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1).
The 14-day stay of FRBP 4001(a)(3) is ordered waived due to the fact that the movant’s collateral is being used by the debtor without compensation and is depreciating in value. All other relief is denied.
10:00 AM
Debtor(s):
The movant shall submit an appropriate order.
Cynthia Salazar Represented By Michael E Clark
Movant(s):
BMW Bank of North America Represented By Cheryl A Skigin
Trustee(s):
David M Goodrich (TR) Pro Se
10:00 AM
Telephonic Hearing
DAIMLER TRUST VS
DEBTOR
John H. Kim to appear by telephone
Docket 9
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is the lessor debtor's Mercedes Benz E320. The debtor has failed to pay any post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
Debtor(s):
Carlos Eugenio Garcia Represented By
Ramiro Flores Munoz
Movant(s):
Daimler Trust Represented By
Jennifer H Wang
10:00 AM
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Docket 50
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant has established a prima facie case that cause exists, and debtor has not responded with evidence establishing that the property is not declining in value or that movant is adequately protected. Appearances waived.
In this case, the debtor was delinquent 31 installments on the loan secured by the subject property at the time this motion was filed. There is no evidence that debtor or trustee has made or tendered any payments to movant since commencement of the case. Accordingly, the Court finds "cause" for termination of the stay under 11 U.S.C. § 362(d)(1). Furthermore, the Court finds that the filing of the petition was part of a scheme to hinder, delay or defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or Court approval. 11 U.S.C. § 362(d)(4).
The 14-day period specified in FRBP 4001(a)(3) is waived. Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this
10:00 AM
title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11
U.S.C. § 362(d)(4). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Pablo I Vargas Pro Se
Movant(s):
U.S. Bank National Association, not Represented By
Joseph C Delmotte
Trustee(s):
John J Menchaca (TR) Pro Se
10:00 AM
Telephonic Hearing
THE BANK OF NEW YORK MELLON VS
DEBTOR
Bonni Mantovani to appear by telephone
Docket 11
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1), and (d)
to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Since a chapter 7 case does not contemplate reorganization, the sole issue before the Court when stay relief is sought under 11 U.S.C. § 362(d)(2) is whether the debtor has equity in the property. See e.g., Nev. Nat’l Bank v. Casgul of Nev., Inc. (In re Casgul of Nev., Inc.), 22 B.R. 65, 66 (9th Cir. BAP 1982); Ramco Indus. v. Preuss (In re Preuss), 15 B.R. 896 (9th Cir. BAP 1981).
The subject real property has a value of $640,726.00 and is encumbered by a perfected deed of trust or mortgage in favor of the movant. The liens against the property total $913,230.91. The Court finds there is no equity and there is no evidence that the trustee can administer the subject real property for the benefit of creditors. Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Pedro Escamilla Represented By
Juan Castillo-Onofre
Joint Debtor(s):
Ernestina Escamilla Represented By
Juan Castillo-Onofre
Movant(s):
The Bank of New York Mellon, et al Represented By
Diana Torres-Brito
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
Telephonic Hearing
362(c)(4)(A)(ii)
Misty A. Perry-Isaacson to appear by telephone
Docket 21
No opposition was filed.
Section 362(c) states that if a single or joint case filed by or against the Debtor was pending but dismissed within the year ending on the petition date of this case, the dismissed case was not a case refiled under a chapter other than chapter 7 following dismissal under 11 U.S.C. § 707(b), and 30 days have elapsed since the filing of the petition in the above-entitled case and no order has been entered continuing the stay, the Court shall promptly enter an order confirming that no stay is in effect. 11 U.S.C. § 362(c)(3)
In this case, movant has requested relief from the automatic stay under 11 U.S.C. §§ 362(d)(1) and (d)(4) and relief from the co-debtors’ stay. However, upon review of this motion, the Court finds that no stay is in effect in this case under 11 U.S.C. § 362(c)(3) due to a single or joint case filed by or against the debtor that was pending within the previous year but was dismissed, the 30 days having elapsed since the filing of the petition and no order having been entered continuing the stay. The stay having been terminated as to the debtor and no opposition having been filed by the co- debtors, movant is granted relief as to any co-debtors on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
Movant's counsel shall upload an order using the appropriate Local Bankruptcy Rules Forms on the Court website confirming that no stay is in effect under 11 U.S.C. §362(c)(3) via the Court's LOU system. Appearances waived.
10:00 AM
Debtor(s):
Kenneth C Chew Pro Se
Movant(s):
JCP, LP Represented By
Misty A Perry Isaacson
Trustee(s):
Wesley H Avery (TR) Represented By David M Goodrich
10:00 AM
Telephonic Hearing
WELLS FARGO BANK, N.A. VS
DEBTOR
Giovanni Orantes to appear by telephone
Docket 18
None.
Debtor(s):
Joyce Barlow Represented By
Giovanni Orantes Luis A Solorzano
Movant(s):
Wells Fargo Bank, N.A. Represented By Cassandra J Richey
2:00 PM
Adv#: 2:18-01381 Garza v. Cardona
fr. 1-22-19; 1-29-19; 4-2-19
Docket 1
None.
Debtor(s):
Mario G. Cardona Represented By Jaenam J Coe
Defendant(s):
Mario G. Cardona Pro Se
Plaintiff(s):
Daniel Garza Represented By
Baruch C Cohen
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:19-01082 Romex Textiles, Inc. v. Kim
Docket 1
- NONE LISTED -
Debtor(s):
Roy Tae Kim Represented By
Michael H Yi
Defendant(s):
Roy Tae Kim Pro Se
Plaintiff(s):
Romex Textiles, Inc. Represented By Nico N Tabibi
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:00 PM
Adv#: 2:19-01083 Melrose Textiles, Inc. v. Kim
Docket 1
- NONE LISTED -
Debtor(s):
Roy Tae Kim Represented By
Michael H Yi
Defendant(s):
Roy Tae Kim Pro Se
Plaintiff(s):
Melrose Textiles, Inc. Represented By Nico N Tabibi
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:00 PM
Adv#: 2:19-01093 United States Trustee for the Central District of v. Zadeh
of discharge pursuant to 11 U.S.C. Sec. 727(a)(3) and (a)(5)
Docket 1
- NONE LISTED -
Debtor(s):
Sebo Hatam Zadeh Represented By
Hamid Soleimanian
Defendant(s):
Sebo Hatam Zadeh Pro Se
Plaintiff(s):
United States Trustee for the Central Represented By
Hatty K Yip
Trustee(s):
Timothy Yoo (TR) Pro Se
2:00 PM
Adv#: 2:19-01094 Gonzalez v. Edwards
Sale of interest of Co-owner in property of the estate; and
Turnover of property
Docket 1
- NONE LISTED -
Debtor(s):
Scott Thomas Edwards Represented By Mark T Young
Defendant(s):
Lisa Edwards Pro Se
Plaintiff(s):
Rosendo Gonzalez Represented By Carmela Pagay
Trustee(s):
Rosendo Gonzalez (TR) Represented By Timothy J Yoo
2:00 PM
Adv#: 2:19-01090 Chavois v. PRD, LLC et al
Docket 1
- NONE LISTED -
Debtor(s):
Stephanias Chavois Pro Se
Defendant(s):
PRD, LLC Pro Se
DOES 1 to 50, Inclusive Pro Se
Plaintiff(s):
Stephanias Chavois Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01448 FRESNO SKILLED NURSING & WELLNESS CENTRE, LLC v.
Docket 1
This matter is CONTINUED to April 23, 2019 at 2:00 p.m.
Appearances waived.
Defendant(s):
NATIONAL UNION FIRE Represented By Paul B La Scala
Plaintiff(s):
FRESNO SKILLED NURSING & Represented By
David R Ginsburg
2:00 PM
Adv#: 2:18-01448 FRESNO SKILLED NURSING & WELLNESS CENTRE, LLC v.
fr 2-12-19; 3-19-19, 4-23-19
Docket 11
This matter is CONTINUED to April 23, 2019 at 2:00 p.m.
Appearances waived.
Defendant(s):
NATIONAL UNION FIRE Represented By Paul B La Scala
Plaintiff(s):
FRESNO SKILLED NURSING & Represented By
David R Ginsburg
2:00 PM
Adv#: 2:18-01448 FRESNO SKILLED NURSING & WELLNESS CENTRE, LLC v.
fr 2-12-19; 3-19-19, 4-23-19
Docket 4
This matter is CONTINUED to April 23, 2019 at 2:00 p.m.
Appearances waived.
Defendant(s):
NATIONAL UNION FIRE Represented By Paul B La Scala
Plaintiff(s):
FRESNO SKILLED NURSING & Pro Se
2:00 PM
Adv#: 2:18-01449 HIGHLAND PARK SKILLED NURSING & WELLNESS CENTRE, L v.
Docket 1
This matter is CONTINUED to April 23, 2019 at 2:00 p.m.
Appearances waived.
Defendant(s):
NATIONAL UNION FIRE Represented By Paul B La Scala
Plaintiff(s):
HIGHLAND PARK SKILLED Represented By David R Ginsburg
2:00 PM
Adv#: 2:18-01449 HIGHLAND PARK SKILLED NURSING & WELLNESS CENTRE, L v.
fr. 2-12-19; 3-19-19, 4-23-19
Docket 11
This matter is CONTINUED to April 23, 2019 at 2:00 p.m.
Appearances waived.
Defendant(s):
NATIONAL UNION FIRE Represented By Paul B La Scala
Plaintiff(s):
HIGHLAND PARK SKILLED Represented By David R Ginsburg
2:00 PM
Adv#: 2:18-01449 HIGHLAND PARK SKILLED NURSING & WELLNESS CENTRE, L v.
fr. 2-12-19; 3-19-19, 4-23-19
Docket 4
This matter is CONTINUED to April 23, 2019 at 2:00 p.m.
Appearances waived.
Defendant(s):
NATIONAL UNION FIRE Represented By Paul B La Scala
Plaintiff(s):
HIGHLAND PARK SKILLED Represented By David R Ginsburg
10:00 AM
Docket 0
- NONE LISTED -
1:30 PM
fr 12-12-18; 2-6-19; 4-10-19
Docket 49
- NONE LISTED -
Debtor(s):
Milton David Avalos Represented By Ali R Nader
Nathan A Berneman
Joint Debtor(s):
Ana Daisy Lima Represented By Ali R Nader
Nathan A Berneman
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-14-18; 2-6-19; 4-10-19
Docket 84
- NONE LISTED -
Debtor(s):
Lynette Marie Baker Represented By Axel H Richter
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 10-17-18; 12-12-18; 2-6-19; 4-10-19
Docket 49
- NONE LISTED -
Debtor(s):
Michael Naef Represented By Sundee M Teeple
Michelle A Marchisotto Craig K Streed
Joint Debtor(s):
Lisa Naef Represented By
Sundee M Teeple Michelle A Marchisotto Craig K Streed
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 11-14-18; 2-6-19; 4-10-19
Docket 41
- NONE LISTED -
Debtor(s):
Henry L Jackson Represented By Thomas B Ure
Joint Debtor(s):
Carolyn L Jackson Represented By Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 4-10-19
Docket 60
- NONE LISTED -
Debtor(s):
Nicholas Paul Richards Represented By Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-27-19; 4-24-19
Docket 78
- NONE LISTED -
Debtor(s):
Gloria Martinez Represented By William J Smyth
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 4-10-19
Docket 51
- NONE LISTED -
Debtor(s):
Raffi Badoyan Represented By
Raffy M Boulgourjian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-6-19; 4-10-19
Docket 71
- NONE LISTED -
Debtor(s):
Arnold Lydell Youngblood Represented By Dana C Bruce Crystal Johnson
Joint Debtor(s):
Sylvia Stacey Gonzales Represented By Dana C Bruce
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 4-10-19
Docket 58
- NONE LISTED -
Debtor(s):
Norberto Diaz Jr. Represented By Axel H Richter
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3-13-19; 4-24-19
Docket 47
- NONE LISTED -
Debtor(s):
Faizal Khan Kamal Khan Represented By Brad Weil
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 4-24-19
Docket 48
- NONE LISTED -
Debtor(s):
Desmond Paul McLean Represented By Jeffrey J Hagen
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 4-10-19
Docket 24
- NONE LISTED -
Debtor(s):
Steve Lynn Wright Represented By Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 45
- NONE LISTED -
Debtor(s):
Marcus Joseph Veal Represented By
D Justin Harelik
Joint Debtor(s):
Camille Veal Represented By
D Justin Harelik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 12-12-18; 2-6-19; 4-10-19
Docket 20
- NONE LISTED -
Debtor(s):
Constantine Sklavos Represented By Daniel King
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 4-10-19
Docket 38
- NONE LISTED -
Debtor(s):
Mirtha Viviana Tabares Represented By Steven A Alpert
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-27-19; 4-24-19
Docket 35
- NONE LISTED -
Debtor(s):
Thomas Vicente Tovar Represented By Jacqueline D Serrao
Joint Debtor(s):
Carey Peter Cronin Represented By Jacqueline D Serrao
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 12-12-18; 2-6-19; 4-10-19
Docket 30
- NONE LISTED -
Debtor(s):
Beverly Ann Rodgers Represented By
Raj T Wadhwani
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-27-19; 4-24-19
Docket 35
- NONE LISTED -
Debtor(s):
Manuel J. Leon Jr. Represented By Jacqueline D Serrao
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-6-19; 4-10-19
Docket 30
- NONE LISTED -
Debtor(s):
Ninfa Carado Isidro Represented By Nicholas M Wajda
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-6-19; 4-10-19
Docket 39
- NONE LISTED -
Debtor(s):
Alfredo Gutierrez Represented By Jaime A Cuevas Jr.
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 4-10-19
Docket 29
- NONE LISTED -
Debtor(s):
Jose Rigoberto Aguilar Represented By Donald E Iwuchuku
Joint Debtor(s):
Maria Trinidad Aguilar Represented By Donald E Iwuchuku
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 4-10-19
Docket 28
- NONE LISTED -
Debtor(s):
Michael Moradi Represented By Krystina T Tran
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 54
- NONE LISTED -
Debtor(s):
Pamela Golden-Rice Represented By
David Samuel Shevitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 64
- NONE LISTED -
Debtor(s):
Rusty Eugene Jarreau Represented By Axel H Richter
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 27
- NONE LISTED -
Debtor(s):
Debra Guzman Represented By Michael E Plotkin
Joint Debtor(s):
Manuel Guzman Represented By Michael E Plotkin
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 30
- NONE LISTED -
Debtor(s):
Claudia Delgadillo Represented By
David Samuel Shevitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 35
- NONE LISTED -
Debtor(s):
Carlton Peter Ricketts Represented By Axel H Richter
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 43
- NONE LISTED -
Debtor(s):
Haile Earnel Williams Represented By Steven A Alpert
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 12-12-18; 2-6-19; 2-27-19; 4-24-19
Docket 39
- NONE LISTED -
Debtor(s):
Haile Earnel Williams Represented By Steven A Alpert
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 42
- NONE LISTED -
Debtor(s):
Christel A Beattie Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 2-27-19; 4-24-19
Docket 36
- NONE LISTED -
Debtor(s):
Christel A Beattie Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 32
None.
Debtor(s):
Martin Winchester Represented By Michael J Hemming
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
of Fees and Expenses Following Withdrawal From Chapter 13 Case Subject to a Rights and Responsibilities Agreement (RARA)
fr 4-24-19
Docket 49
None.
Debtor(s):
Marine Akrabian Represented By Matthew D. Resnik Sunjay Bhatia
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 4-10-19
Docket 24
A stipulation to continue the matter was filed in this case. The Court will review the stipulation and enter an order approving the stipulation.
Accordingly, this matter is CONTINUED to June 5, 2019 at 1:30 p.m.
Appearances waived.
Debtor(s):
Pamela Diane Fisher Represented By Christine A Kingston
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 4-24-19
Docket 23
None.
Debtor(s):
Eric Wayne Swain Represented By Matthew D. Resnik
Joint Debtor(s):
Rachel Marie Swain Represented By Matthew D. Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 29
None.
Debtor(s):
Tyjuan Hibbler Jr. Represented By Lionel E Giron
Crystle Jane Lindsey
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 12
The motion is DENIED without prejudice.
Service of this motion is improper. A motion is a contested matter which must be served "in the manner provided for service of a summons and complaint by Rule 7004." Fed. R. Bankr. P. 9014(b) ("FRBP"). The motion and notice of hearing must be served on [name of institution] at the address per the California Secretary of State website, to the attention of an officer, a managing or general agent, or other agent authorized by appointment or law to receive service of process for the respondent creditor. See, e.g., Beneficial California, Inc. v. Villar (In re Villar), 317 B.R. 88, 94-95 (9th Cir. BAP 2004) ("Only if the notice is ‘directed to a corporation and the attention of an officer or agent as identified in Rule 7004(b)(3),’ can it be considered to have been received by a person who is charged with responding to the service."); ECMC v. Repp (In re Repp), 307 B.R. 144, 152 (9th Cir. BAP 2004) ("Unlike Rule 7004’s service requirement for adversary proceedings, the Rule 2002(b) notice requirement regarding chapter 13 plans need only be mailed to
nobody-in-particular at the address provided by the debtor . . . , unless the creditor has designated a mailing address in a filed proof of claim or request for notice."). Here, the motion was not served to the attention of an officer for the respondent creditor.
Pursuant to LBR 9021-1(b)(1)(B), debtor must lodge a proposed order via LOU within 7 days of the hearing. Appearances waived.
Debtor(s):
Jennifer Marelene Gutierrez Represented By Devin Sawdayi
1:30 PM
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Parcel No #3053-024-058, vacant land
fr 3-13-19
Docket 32
None.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Parcel #3053-024-058, vacant land
fr 3-13-19
Docket 33
None.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Parcel #3053-024-059, vacant land
fr 3-13-19
Docket 34
None.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Parcel #3053-024-059, vacant land
fr 3-13-19
Docket 35
None.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Parcel #3053-024-060, vacant land
fr 3-13-19
Docket 36
None.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Parcel #3053-024-060, vacant land
fr 3-13-19
Docket 37
None.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Property 2250 Old Nadeau Road, Palmdale
fr 3-13-19
Docket 44
None.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Movant(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber
Raymonda Jean Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber
1:30 PM
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
2250 Old Nadeau Road, Palmdale
fr 3-13-19
Docket 45
None.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Movant(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber
Raymonda Jean Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber
1:30 PM
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
2264 Old Nadeau Road, Palmdale
fr 3-13-19
Docket 46
- NONE LISTED -
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Movant(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber
Raymonda Jean Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber
1:30 PM
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
2264 Old Nadeau Road, Palmdale
fr 3-13-19
Docket 47
- NONE LISTED -
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Movant(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber
Raymonda Jean Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber
1:30 PM
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Parcel No #3053-024-038 - vacant land
fr 3-13-19
Docket 48
- NONE LISTED -
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Movant(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber
Raymonda Jean Jarvis Represented By
Richard Mark Garber Richard Mark Garber
1:30 PM
Trustee(s):
Richard Mark Garber
Nancy K Curry (TR) Pro Se
1:30 PM
Parcel No #3053-024-038 - vacant land
fr 3-13-19
Docket 49
- NONE LISTED -
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Movant(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber
Raymonda Jean Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber
1:30 PM
Trustee(s):
Nancy K Curry (TR) Pro Se
3:00 PM
[ORAL RULING]
fr 1-29-19; 2-28-19; 5-13-19; 5-15-19; (advanced from 10:00 a.m.)
5-31-19; 6-3-19
Docket 458
None.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
3:00 PM
[ORAL RULING]
fr 1-29-19; 2-5-19; 2-28-19; 5-13-19; 5-15-19;
5-31-19 (advanced from 10:00 a.m.); 6-3-19
Docket 0
None.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
10:00 AM
fr. 8-16-18; 11-8-18, 2-7-19; 3-7-19, 4-4-19; 5-9-19
Docket 15
The status conference is CONTINUED to July 11, 2019 at 10:00 a.m.
Appearances waived.
Debtor(s):
Randal D. Haworth M.D. Inc. Represented By Stella A Havkin
10:00 AM
fr. 4-25-19
Docket 35
None.
Debtor(s):
Alverna Stanley Represented By Lane K Bogard
Vanessa M Haberbush David R Haberbush
10:00 AM
fr. 4-25-19
Docket 53
None.
Debtor(s):
Carla Langley Represented By Kevin Tang
10:00 AM
Docket 68
None.
Debtor(s):
Carla Langley Represented By Kevin Tang
Movant(s):
Carla Langley Represented By Kevin Tang
10:00 AM
Telephonic Hearing
fr 12-20-18; 1-17-19; 4-11-19, 4-25-19
Docket 0
None.
Debtor(s):
Carla Langley Represented By Kevin Tang
10:00 AM
Docket 12
None.
Debtor(s):
Yadira Romero Represented By Lionel E Giron
10:00 AM
Docket 16
None.
Debtor(s):
Yadira Romero Represented By Lionel E Giron
10:00 AM
fr. 4-15-19
Stipulation to dismiss with prejudice filed 6/3/19
Docket 1184
A stipulation to dismiss the motion with prejudice was filed in this matter. Movant is ordered to file a notice of lodgment of order approving the stipulation. Once filed, the Court will review the stipulation and enter an order approving the stipulation. Accordingly, this matter is taken OFF CALENDAR. Appearances waived.
Debtor(s):
Even St. Productions Ltd. Represented By David L. Neale
Krikor J Meshefejian Maryann R Marzano Loeb & Loeb
Krikor J Meshefejian
Majoken, Inc. Represented By
Krikor J Meshefejian
10:00 AM
Docket 0
None.
Debtor(s):
Lucky Cats, Inc. Represented By Steven R Fox
10:00 AM
fr 4-4-19
Docket 153
None.
Debtor(s):
Benjamin Isaac Menjivar Represented By Giovanni Orantes Luis A Solorzano
Joint Debtor(s):
Sara Aura Menjivar Represented By Giovanni Orantes Luis A Solorzano
10:00 AM
Docket 140
None.
Debtor(s):
Wajida Alhambra Represented By
Anthony Obehi Egbase Crystle Jane Lindsey
W. Sloan Youkstetter
10:00 AM
fr 1-31-19; 4-25-19
Docket 149
A stipulation to continue the hearing was filed in this case. The Court will review the stipulation and enter an order approving the stipulation.
Accordingly, this matter is CONTINUED to June 6, 2019 at 10:00 a.m.
Appearances waived.
Debtor(s):
American Ranch and Seafood Represented By Sandford L. Frey
10:00 AM
Docket 91
None.
Debtor(s):
Robert Gabriel Represented By Onyinye N Anyama
10:00 AM
fr. 4-4-19; 5-30-19
Docket 63
None.
Debtor(s):
Robert Gabriel Represented By Onyinye N Anyama
Movant(s):
Robert Gabriel Represented By Onyinye N Anyama
10:00 AM
NORTHEAST BANK VS
DEBTOR
[Pursuant to declaration re default under APO and Objection]
Docket 12
None.
Debtor(s):
Luis Carlos Flores Represented By Onyinye N Anyama
Joint Debtor(s):
Teresa Flores Represented By
Onyinye N Anyama
Movant(s):
Northeast Bank Represented By Michael S Greger
10:00 AM
fr 1-31-19; 3-19-19; 5-9-19
Docket 53
None.
Debtor(s):
Luis Carlos Flores Represented By Lionel E Giron
Joint Debtor(s):
Teresa Flores Represented By
Lionel E Giron
Movant(s):
Luis Carlos Flores Represented By Lionel E Giron Lionel E Giron
Teresa Flores Represented By
Lionel E Giron
10:00 AM
Docket 83
- NONE LISTED -
Debtor(s):
Expressway Deliveries, Inc. Represented By
J. Bennett Friedman
10:00 AM
Docket 85
- NONE LISTED -
Debtor(s):
Expressway Deliveries, Inc. Represented By
J. Bennett Friedman
10:00 AM
Docket 95
Debtor is to address the following issues:
The proposed bid procedures are excessive in light of the fact that the debtor intends to sell 2 vehicles and offfice equipment and will not be approved. For example, the bid procedures require a confidentiality agreement from each potential bidder (not attached to the bid procedures), an asset purchase agreement with a redline to the proposed asset purchase agreement (not attached to the bid procedures); audited or unaudited financial statements; statements regarding the assumption of executory contracts, and more. This is a simple transaction. The bid procedures as proposed chill bidding.
How is the sale being advertised in order to promote bidding?
Should the debtor have an auctioneer sell the assets instead of what appears to be a private sale to an insider?
Debtor(s):
Expressway Deliveries, Inc. Represented By
J. Bennett Friedman
10:00 AM
fr 4-4-19
Docket 327
None.
Debtor(s):
PH DIP, Inc Represented By
Robert P Goe Stephen Reider
10:00 AM
fr 4-4-19
Docket 328
None.
Debtor(s):
PH DIP, Inc Represented By
Robert P Goe Stephen Reider
10:00 AM
fr 4-4-19
Docket 330
None.
Debtor(s):
PH DIP, Inc Represented By
Robert P Goe Stephen Reider
10:00 AM
of David A. Greer, PLC as Special Virginia Counsel in the Ordinary Course
Docket 379
None.
Debtor(s):
PH DIP, Inc Represented By
Robert P Goe Stephen Reider
10:00 AM
fr 3-19-19
Docket 292
None
Debtor(s):
PH DIP, Inc Represented By
Robert P Goe Stephen Reider
Movant(s):
PH DIP, Inc Represented By
Robert P Goe Stephen Reider
10:00 AM
Fr. 7-19-18; 8-16-18; 9-6-18; 9-20-18; 9-28-18; 11-8-18;
12-20-18; 2-28-19; 3-19-19
Docket 15
None.
Debtor(s):
PH DIP, Inc Represented By
Robert P Goe Stephen Reider
10:00 AM
(1) Appointing Brian Weiss as Chief Restructuring Officer of the Debtor's Nunc Pro Tunc to May 16, 2019
fr 5-28-19
Docket 63
None.
Debtor(s):
Scoobeez Represented By
Ashley M McDow
10:00 AM
fr 5-1-19; 5-14-19
Docket 13
None.
Debtor(s):
Scoobeez Represented By
Ashley M McDow
10:00 AM
Final Orders Authorizing Use of Cash Collateral
Docket 122
None.
Debtor(s):
Scoobeez Represented By
Ashley M McDow
10:00 AM
Docket 61
None.
Debtor(s):
Scoobeez Represented By
Ashley M McDow
10:00 AM
Establishing Notice and Hearing Procedures
for Trading In, or Certain Claims of Worthlessness with Respect to Equity Securities
in Debtor Scoobeez Global Inc.
Docket 104
None.
Debtor(s):
Scoobeez Represented By
Ashley M McDow
2:00 PM
Docket 28
None.
Debtor(s):
Kenneth C Chew Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By David M Goodrich
2:00 PM
fr 5-16-19
Docket 134
- NONE LISTED -
Debtor(s):
Kaveh Roshan Represented By
Andrew Edward Smyth
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Sonia Singh Richard K Diamond
2:00 PM
fr. 5-16-19
Docket 132
- NONE LISTED -
Debtor(s):
Kaveh Roshan Represented By
Andrew Edward Smyth
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Sonia Singh Richard K Diamond
9:00 AM
[ORAL RULING]
fr 1-29-19; 2-28-19; 5-13-19; 5-15-19; (advanced from 10:00 a.m.)
5-31-19; 6-3-19
Telephone Appearances:
James Bastian Jr. Haig Bagerdijan & H Way
Peter Burton Medley Capital Listen Only Steven H Felderstein Central Valley Fund Listen Only John Fredericks Medley Capital Listen Only
Asa Hami Visual Data Media Services
David Kupetz Visual Data Media Services
Lewis Landau Point.360
Adam Meislik Medley Capital (advisor) Listen Only
Carey Schreiber Medley Capital
John Trautman Visual Data Media Services (personal rep)
fr 6-5-19
Docket 458
None.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
9:00 AM
9:00 AM
[ORAL RULING]
fr 1-29-19; 2-5-19; 2-28-19; 5-13-19; 5-15-19;
5-31-19 (advanced from 10:00 a.m.); 6-3-19
Telephone Appearances:
James Bastian Jr. Haig Bagerdijan & H Way
Peter Burton Medley Capital Listen Only Steven H Felderstein Central Valley Fund Listen Only John Fredericks Medley Capital Listen Only
Asa Hami Visual Data Media Services
David Kupetz Visual Data Media Services
Lewis Landau Point.360
Adam Meislik Medley Capital (advisor) Listen Only
Carey Schreiber Medley Capital
John Trautman Visual Data Media Services (personal rep)
fr 6-5-19
Docket 0
None.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
9:00 AM
fr 2-28-19; 4-30-19 (ADVANCED TO 9:00 a.m.)
Docket 150
None.
Debtor(s):
Lilia Nuno Represented By
Thomas B Ure
11:00 AM
fr 2-28-19; 4-30-19
Docket 150
None.
Debtor(s):
Lilia Nuno Represented By
Thomas B Ure
9:00 AM
Adv#: 2:17-01516 Villas Del Rey Condominium Assoc. v. Roshan
fr 5-28-19
Docket 1
- NONE LISTED -
Debtor(s):
Kaveh Roshan Represented By
Andrew Edward Smyth
Defendant(s):
Kaveh Roshan Represented By
Andrew Edward Smyth
Plaintiff(s):
Villas Del Rey Condominium Assoc. Represented By
Dennis E McGoldrick
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Sonia Singh Richard K Diamond
9:00 AM
fr 3-19-19, 4-23-19, 5-28-19
Docket 127
None.
Debtor(s):
Kaveh Roshan Represented By
Andrew Edward Smyth
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Sonia Singh Richard K Diamond
9:00 AM
Association
fr 3-19-19, 4-23-19; 5-28-19
Docket 126
None.
Debtor(s):
Kaveh Roshan Represented By
Andrew Edward Smyth
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Sonia Singh Richard K Diamond
10:00 AM
CHRISTINA ENTERPRISES-BELLFLOWER, LLC VS
DEBTOR
Docket 41
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1). The stay is terminated as to the debtor and the debtor’s bankruptcy estate with respect to the movant, its successors, transferees and assigns. Movant may enforce its remedies to obtain possession of the property in accordance with applicable law, but may not pursue a deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. §
501. Appearances waived.
Movant served the debtor with a three-day notice to quit the premises on April 12, 2019. When the debtor failed to vacate the premises, an unlawful detainer action was filed and served on April 26, 2019. Debtor filed the bankruptcy petition on June 6, 2019 in an apparent effort to stay commencement of the unlawful detainer action. This motion has been filed to proceed with the unlawful detainer action. This action must go forward because the debtor’s right to possess the premises must be determined.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay is annulled retroactive to the petition date, so that enforcement actions taken by movant, if any, before receipt of notice of the automatic stay will not be deemed to have been voided by the automatic stay. See Nat’l Envtl. Waste Corp. v. City of Riverside (In re Nat’l Envtl. Waste Corp.), 129 F.3d 1052, 1055 (9th Cir. 1997). The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is
10:00 AM
denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Neil Jack Wachs Represented By Sevan Gorginian
Movant(s):
CHRISTINA ENTERPRISES- Represented By Julian K Bach
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
LIJUAN GUAN VS
DEBTOR
Docket 9
On June 4, 2019 the Court entered an order dismissing the debtor's bankruptcy case. The Court does not retain jurisdiction to grant the extraordinary in rem relief sought by movant. Accordingly, the motion is DENIED as moot. The hearing on this motion is now OFF CALENDAR. Appearances waived.
Debtor(s):
Trentan Von Lee Pro Se
Movant(s):
LIJUAN GUAN Represented By Julian K Bach
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
XCL TITLING TRUST LLC VS
DEBTOR fr 5-7-19
Docket 28
None.
Debtor(s):
William Alvin Scott Represented By Richard T Baum
Joint Debtor(s):
Mary Catherine Scott Represented By Richard T Baum
Movant(s):
XCL TITLING TRUST LLC, its Represented By
Timothy J Silverman
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
MECHANICS BANK VS
DEBTOR
Docket 24
- NONE LISTED -
Debtor(s):
Maritza Yesenia Urena Represented By Raymond Perez
Movant(s):
MECHANICS BANK Represented By Vincent V Frounjian
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
CARMAX BUSINESS SERVICES, LLC VS
DEBTOR
Docket 34
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's Mercedes-Benz S63. The debtor has failed to pay 4 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d) (1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Ramiro Durazo Jr. Represented By Michael E Clark
Joint Debtor(s):
Elizabeth Durazo Represented By
10:00 AM
Movant(s):
Michael E Clark
Carmax Business Services LLC Represented By Jennifer H Wang
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK, N.A. VS
DEBTOR fr. 4-23-19
Docket 43
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Gwendolyn Fields-Abrams Represented By Leon D Bayer
10:00 AM
Movant(s):
Wells Fargo Bank, N.A., s/b/m to Represented By
Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK, N.A. VS
DEBTOR
fr. 11-27-18; 12-18-18; 2-12-19
fr 5-7-19
Docket 22
Debtor(s):
Samuel Mendez Represented By Barry E Borowitz
Joint Debtor(s):
Veronica Olga Corza Represented By Barry E Borowitz
Movant(s):
Wells Fargo Bank, N.A. Represented By Cassandra J Richey
10:00 AM
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK, NATIONAL ASSOCIATION VS
DEBTOR fr. 4-23-19
Docket 128
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant and junior creditors that joined the motion, their successors, transferees and assigns, to enforce thier remedies to repossess or otherwise obtain possession and dispose of their respective collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Parties granted relief may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 4 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Similarly, cause is established by the joining creditors due to the effect movant's relief from the automatic stay. Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Erin Baldwin Represented By
Matthew D Resnik
Movant(s):
Wells Fargo Bank, National Represented By April Harriott Seth Greenhill Sean C Ferry
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DEUTSCHE BANK NATIONAL TRUST COMPANY
VS DEBTOR
fr. 4-23-19
Docket 54
None.
Debtor(s):
John Butler Represented By
Kahlil J McAlpin
Movant(s):
Deutsche Bank National Trust Represented By Sean C Ferry Theron S Covey Eric P Enciso
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
CARRINGTON MORTGAGE SERVICES VS
DEBTOR fr. 4-23-19
Docket 24
Debtor(s):
Roberto Alvarado Zuniga Represented By Amanda G Billyard
Movant(s):
Carrington Mortgage Services, LLC Represented By
Asya Landa
S Renee Sawyer Blume
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
BAYVIEW LOAN SERVICING, LLC VS
DEBTOR
fr 2-26-19; 3-26-19; 5-14-19
Docket 36
None.
Debtor(s):
Ricardo Cruz Represented By
Matthew D Resnik
Movant(s):
BAYVIEW LOAN SERVICING, Represented By
Edward G Schloss
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR fr 5-14-19
Docket 23
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay any post- petition payments. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order,
10:00 AM
except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11 U.S.C. § 362(d)(4). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Jonathan Gomez Pro Se
Movant(s):
U.S. Bank National Association Represented By Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
PEK EAN CHONG VS
DEBTOR fr 5-14-19
Docket 28
None.
Debtor(s):
Muriel Jones Represented By
Matthew D Resnik
Movant(s):
Pek Ean Chong, Trustee of the Represented By Samuel H Park
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK N.A.
VS
DEBTOR
Stipulation for adequate protection filed 6/7/19
Docket 56
A stipulation for adequate protection was filed on June 7, 2019. The court will review the stipulation and enter an order on the stipulation. This matter is OFF CALENDAR. Appearances waived.
Debtor(s):
Linda Judy Glau Represented By Michael E Clark Barry E Borowitz
Movant(s):
U.S. Bank N.A., as trustee, on behalf Represented By
Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NAIONAL ASSOCIATION VS
DEBTOR
Docket 48
None.
Debtor(s):
Ammie Lubag Represented By Mariano A Alvarez
Movant(s):
U.S. Bank National Association as Represented By
Ashish R Rawat Diane Weifenbach
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WILMINGTON SAVINGS FUND SOCIETY, FSB VS
DEBTOR
Docket 51
None.
Debtor(s):
Clettious E Woolfork Represented By Elena Steers
Movant(s):
Wilmington Savings Fund Society, Represented By
Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
THE BANK OF NEW YORK MELLON VS
DEBTOR
Docket 64
None.
Debtor(s):
Debbie M Page Represented By Ali R Nader
Movant(s):
The Bank of New York Mellon, f/k/a Represented By
Daniel K Fujimoto Caren J Castle
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK TRUST, N.A. VS
DEBTOR
Docket 18
Debtor's case was dismissed on May 16, 2019; however, because movant has requested (d)(4) relief the Court will retain its jurisdiction to hear the matter under 11 U.S.C. § 362.
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay any post- petition payments. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case
10:00 AM
under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11
U.S.C. § 362(d)(4). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Guillermo Nunez Pro Se
Movant(s):
U.S. Bank Trust, N.A., as Trustee for Represented By
Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK, N.A. VS
DEBTOR
Docket 12
Debtor's case was dismissed on May 7, 2019; however, because movant has requested (d)(4) relief the Court will retain its jurisdiction to hear the matter under 11 U.S.C. § 362.
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay any post- petition payments. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case
10:00 AM
under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11
U.S.C. § 362(d)(4). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Ray Dozier Pro Se
Movant(s):
Wells Fargo Bank, N.A. Represented By Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
fr 3-26-19, 4-23-19
Stipulation resolving opposition to motion filed 5/7/19 Erin M McCartney to appear by telephone
fr 5-14-19
Docket 11
On May 7, 2019, the parties filed a stipulation to resolve the matter.
The parties have failed to lodge an order approving the stipulation. The parties are to lodge an appropriate order order on the stipulation for the Court's review. Accordingly, this matter is OFF CALENDAR. No appearance is required.
Debtor(s):
Eric Wayne Swain Represented By Matthew D Resnik
Joint Debtor(s):
Rachel Marie Swain Represented By Matthew D Resnik
Movant(s):
Eric Wayne Swain Represented By
10:00 AM
Matthew D Resnik
Rachel Marie Swain Represented By Matthew D Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
VICKAID ARMS HOMEOWNERS ASSOCIATION VS
DEBTOR
Docket 30
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its lawful remedies under the CC&Rs and nonbankruptcy law, to pursue the owner for payment of HOA dues and fees and/or repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. The debtor has failed to pay 13 post-petition assessments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985).
Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. Movant, or its agents, may, at its option, offer, provide and enter into a potential forebearance agreement, loan modification, refinance agreement or other loan workout or loss mitigation agreement. Movant, through its servicing agent, may contact the Debtor by telephone or written correspondence to offer such an agreement. Any such agreement shall be nonrecourse unless stated in a reaffirmation agreement. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Barbara Justine Stamps Represented By Stephen S Smyth
Movant(s):
VICKAID ARMS HOMEOWNERS Represented By
Lisa A Tashjian
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 14
None.
Debtor(s):
Vernitta Jones Represented By Thomas B Ure
Movant(s):
Vernitta Jones Represented By Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 13
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on May 20, 2019 This motion was filed on May 27, 2019 and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to the creditors listed on pages 22-26 of Docket No. 13-5. Pursuant to the evidence presented, the Court GRANTS the relief requested
10:00 AM
in the motion based upon an apparent change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Lee Arthur Miller Represented By Joseph C Rosenblit
Joint Debtor(s):
Barbara Jean Miller Represented By Joseph C Rosenblit
Movant(s):
Lee Arthur Miller Represented By Joseph C Rosenblit
Barbara Jean Miller Represented By Joseph C Rosenblit
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
fr. 4-9-19; 5-7-19
Docket 52
Debtor(s):
John Julian Kelly Represented By Keith F Rouse
Joint Debtor(s):
Monica Lorrain Kelly Represented By Keith F Rouse
Movant(s):
John Julian Kelly Represented By Keith F Rouse
Monica Lorrain Kelly Represented By Keith F Rouse
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK, NATIONAL ASSOCIATION VS
DEBTOR
Docket 52
Debtor's case was dismissed on May 16, 2019; however, because movant has requested (d)(4) relief the Court will retain its jurisdiction to hear the matter under 11 U.S.C. § 362.
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant has established a prima facie case that cause exists, and debtor has not responded with evidence establishing that the property is not declining in value or that movant is adequately protected. Appearances waived.
In this case, the debtor was delinquent on installment payments on the loan secured by the subject property at the time this motion was filed. There is no evidence that debtor or trustee has made or tendered any payments to movant since commencement of the case. Accordingly, the Court finds "cause" for termination of the stay under 11 U.S.C. § 362(d)(1). Furthermore, the Court finds that the filing of the petition was part of a scheme to hinder, delay or defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or Court approval. 11 U.S.C. § 362(d)(4).
10:00 AM
The 14-day period specified in FRBP 4001(a)(3) is waived. Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11
U.S.C. § 362(d)(4). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Pablo I Vargas Pro Se
Movant(s):
Wells Fargo Bank, National Represented By Nancy L Lee
Trustee(s):
John J Menchaca (TR) Pro Se
10:00 AM
JUANITA MARCELO VS
DEBTOR
Docket 9
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(4). The stay is terminated as to the debtor and the debtor’s bankruptcy estate with respect to the movant, its successors, transferees and assigns. Movant may enforce its remedies to obtain possession of the property in accordance with applicable law, but may not pursue a deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. §
501. Appearances waived.
Movant served the debtor with a three-day notice to quit the premises on February 14, 2019. Movant filed an unlawful detainer complaint on March 5, 2019. Debtor filed the bankruptcy petition on April 23, 2019 in an apparent effort to stay commencement of the unlawful detainer action. This motion has been filed to proceed with the unlawful detainer action. This action must go forward because the debtor’s right to possess the premises must be determined. This does not change simply because a bankruptcy petition was filed.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Gloria A Minnis Pro Se
Movant(s):
Juanita Marcelo Represented By Blanca Pacheco
Trustee(s):
Heide Kurtz (TR) Pro Se
10:00 AM
WELLS FARGO BANK VS
DEBTOR
Docket 68
On June 6, 2019, the parties filed a stipulation to continue the matter to July 2, 2019. The Court will review the order lodged. Accordingly, this matter is OFF CALENDAR. No appearance is required.
Debtor(s):
Thomas D. Bohlmann Represented By Paul R Shankman
James Andrew Hinds Jr Rachel M Sposato
Movant(s):
Wells Fargo Bank, N.A. Represented By Jennifer C Wong
10:00 AM
fr. 7-19-18; 11-15-18; 2-28-19
Docket 120
Debtor(s):
Fariborz Rafael Represented By Vahe Khojayan
10:00 AM
WELLS FARGO BANK, N.A. VS
DEBTOR fr 6-4-19
Docket 18
None.
Debtor(s):
Joyce Barlow Represented By
Giovanni Orantes Luis A Solorzano
Movant(s):
Wells Fargo Bank, N.A. Represented By Cassandra J Richey
10:00 AM
MARIA C HERNANDEZ VS
DEBTOR
Docket 22
None.
Debtor(s):
Maria Elvia Mares Represented By Lionel E Giron
Movant(s):
Maria C Hernandez Represented By William A Elliott
Trustee(s):
Nancy K Curry (TR) Pro Se
11:00 AM
fr. 6-6-19
Docket 95
None.
Tentative Ruling for 6/6/2019:
Debtor is to address the following issues:
The proposed bid procedures are excessive in light of the fact that the debtor intends to sell 2 vehicles and offfice equipment and will not be approved. For example, the bid procedures require a confidentiality agreement from each potential bidder (not attached to the bid procedures), an asset purchase agreement with a redline to the proposed asset purchase agreement (not attached to the bid procedures); audited or unaudited financial statements; statements regarding the assumption of executory contracts, and more. This is a simple transaction. The bid procedures as proposed chill bidding.
How is the sale being advertised in order to promote bidding?
Should the debtor have an auctioneer sell the assets instead of what appears to be a private sale to an insider?
Debtor(s):
Expressway Deliveries, Inc. Represented By
J. Bennett Friedman
2:00 PM
Adv#: 2:18-01092 Meier et al v. Welker, II
FR. 6-05-18; 6-12-18; 10-16-18; 1-15-19; 4-23-19; 5-21-19
Docket 1
The parties filed a notice of settlement on May 16. On May 21, 2019, the court converted the pretrial conference to a status conference and continued it to June 11, 2019 at 2:00 p.m. to allow the parties to document their settlement. The parties are to advise the status of the settlement.
Debtor(s):
James Joseph Welker II Represented By Jeffrey N Wishman
Defendant(s):
James Joseph Welker II Pro Se
Plaintiff(s):
Claudio Meier Represented By Bradford T Child
Brigitte Frank Meier Represented By Bradford T Child
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
2:00 PM
Adv#: 2:18-01349 Johnson v. Sharaf
[RULING]
fr. 4-22-19; 5-15-19
Docket 1
This matter is CONTINUED to June 25, 2019 at 2:00 p.m.
Appearances waived.
Debtor(s):
Hayssam Sharaf Pro Se
Defendant(s):
Hayssam Sharaf Pro Se
Plaintiff(s):
R.K. Johnson Represented By
JoAnne Belisle Frances M Campbell
Alexander Gregory Boone
Trustee(s):
Heide Kurtz (TR) Pro Se
2:00 PM
of Fees and Expenses Following Withdrawal From Chapter 13 Case Subject to a Rights and Responsibilities Agreement (RARA)
fr 4-24-19; 6-5-19
Docket 49
None.
Debtor(s):
Marine Akrabian Represented By Matthew D. Resnik Sunjay Bhatia
Trustee(s):
Nancy K Curry (TR) Pro Se
9:00 AM
Adv#: 2:17-01516 Villas Del Rey Condominium Assoc. v. Roshan
fr 5-28-19; 6-11-19
Docket 1
Debtor(s):
Kaveh Roshan Represented By
Andrew Edward Smyth
Defendant(s):
Kaveh Roshan Represented By
Andrew Edward Smyth
Plaintiff(s):
Villas Del Rey Condominium Assoc. Represented By
Dennis E McGoldrick
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Sonia Singh Richard K Diamond
9:00 AM
fr 3-19-19, 4-23-19; 5-28-19; 6-11-19
Docket 127
Debtor(s):
Kaveh Roshan Represented By
Andrew Edward Smyth
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Sonia Singh Richard K Diamond
9:00 AM
Association
fr 3-19-19, 4-23-19; 5-28-19; 6-11-19
Docket 126
Debtor(s):
Kaveh Roshan Represented By
Andrew Edward Smyth
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Sonia Singh Richard K Diamond
11:00 AM
Ffr 4-3-19
Docket 118
Debtor(s):
4402 Mammoth Investors, LLC Represented By Mark T Young
Greenberg Glusker
11:00 AM
relief from stay [RP]
STONEHAVEN LLC VS
DEBTOR
fr 9-21-18; 11-9-18; 11-16-18; 12-5-18; 3-11-19; 3-6-19
Ffr 4-3-19
Docket 30
Debtor(s):
4402 Mammoth Investors, LLC Represented By Mark T Young
Movant(s):
Stonehaven LLC Represented By Michael H Weiss
1:30 PM
and Disgorgement of Fees
fr 3-13-19; 4-10-19; 5-8-19; 5-29-19
Docket 64
None.
Debtor(s):
Sergio Moreno Morales Represented By
Leroy Bishop Austin Anthony Obehi Egbase
W. Sloan Youkstetter
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
MORGAN PICKS TWO, LLC VS
DEBTOR fr 6-4-19
Docket 10
None.
Debtor(s):
Juan Olvera Represented By
Thomas B Ure
Movant(s):
Morgan Picks Two, LLC, A Represented By Barry L O'Connor
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
FORD MOTOR CREDIT COMPANY LLC VS
DEBTOR
Stipulation for adequate protection filed 6/21/19 John Kim to appear by telephone
Docket 56
A stipulation for adequate protection was filed in this case. The Court will review the stipulation and enter an order approving the stipulation.
Accordingly, this matter is taken OFF CALENDAR. Appearances waived.
Debtor(s):
Sandra Olivo Represented By
Lazaro E Fernandez
Movant(s):
Ford Motor Credit Company LLC Represented By
Jennifer H Wang
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
TOYOTA MOTOR CREDIT CORPORATION VS
DEBTOR
Docket 29
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's Toyota Prius. The debtor has failed to pay 1 post-petition payment. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
William L Houston Represented By
David Samuel Shevitz
Movant(s):
Toyota Motor Credit Corporation Represented By
10:00 AM
Trustee(s):
Austin P Nagel
Nancy K Curry (TR) Pro Se
10:00 AM
NISSAN-INFINITI LT VS
DEBTOR
Docket 20
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is the lessor debtor's Nissan Maxima. The debtor has failed to pay 1 post-petition payment. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Laura Veronica Villasenor Represented By Aris Artounians
Movant(s):
NISSAN-INFINITI LT. Represented By
Michael D Vanlochem
10:00 AM
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
KINECTA FEDERAL CREDIT UNION VS
DEBTOR
Docket 20
Debtor filed a non-opposition to the motion.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is the lessor of debtor's Chevrolet Cruze. The debtor has failed to pay 4 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1) and (d)(2). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Rhonda Gayle McKinney Represented By James C Shields
Movant(s):
Kinecta Federal Credit Union Represented By
10:00 AM
Trustee(s):
Bruce P. Needleman
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
MECHANICS BANK VS
DEBTOR
Docket 12
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's Ford Econoline. The debtor has failed to pay 1 post-petition payment. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Reynaldo Taboada Represented By Scott Kosner
10:00 AM
Movant(s):
MECHANICS BANK Represented By Vincent V Frounjian
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
PNC BANK, NATIONAL ASSOCIATION VS
DEBTOR
fr 3-26-19, 5-21-19; 5-21-19
Docket 49
Debtor(s):
Margaret E Jones Represented By Elena Steers
Movant(s):
PNC BANK, NATIONAL Represented By Vicki Ann Pringle Lucy Miller
Joseph C Delmotte Christine Kinderdine
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
CITIBANK NATIONAL ASSOCIATION VS
DEBTOR fr 5-21-19
Docket 25
Debtor(s):
Amos K Sloan Represented By David L Nelson
Movant(s):
Citibank, National Association as Represented By
Darren J Devlin
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WILMINGTON TRUST, NATIONAL ASSOCIATION VS
DEBTOR
fr. 4-23-19; 5-21-19
Docket 50
Debtor(s):
Paulette Therine Hibbert Represented By
Rabin J Pournazarian
Movant(s):
Wilmington Trust, National Represented By Sumit Bode
Cassandra J Richey
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
JPMORGAN CHASE BANK NATIONAL ASSOCIATION
VS DEBTOR
fr 5-21-19
Stip of the parties filed 5-30-19
Docket 32
Debtor(s):
Garry Vincent Trujillo Represented By Kevin T Simon
Joint Debtor(s):
Paula Jane Trujillo Represented By Kevin T Simon
Movant(s):
JPMorgan Chase Bank, National Represented By
Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Diane Weifenbach to appear by telephone
Docket 76
None.
Debtor(s):
Katherine Marie Akingbade Represented By Brad Weil
Movant(s):
U.S. Bank National Association as Represented By
Ashish R Rawat Diane Weifenbach
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
THE BANK OF NEW YORK MELLON VS
DEBTOR
Erin McCartney to appear by telephone
Docket 31
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Bernardino Moreno Nazario Represented By A Mina Tran
10:00 AM
Joint Debtor(s):
Agripina Fabian Represented By A Mina Tran
Movant(s):
THE BANK OF NEW YORK Represented By Ashish R Rawat Erin M McCartney
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
HSBC BANK USA, NATIONAL ASSOCIATION VS
DEBTOR
Stip to continue hearing filed 6/21/19
Docket 55
A stipulation to continue the matter was filed in this case. The Court will review the stipulation and enter an order approving the stipulation.
Accordingly, this matter is CONTINUED to July 16, 2019 at 10:00 a.m.
Appearances waived.
Debtor(s):
Juan Manuel Ortega Represented By Peter M Lively
Joint Debtor(s):
Sharollyn Hufana Ortega Represented By Peter M Lively
Movant(s):
HSBC Bank USA, National Represented By Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
WELLS FARGO BANK, N.A. VS
DEBTOR
Dane Exnowski to appear by telephone
Docket 36
Debtor(s):
Diethra Kimberly Clare Represented By Kevin T Simon
Movant(s):
Wells Fargo Bank, N.A. Represented By
Dane W Exnowski Kenya C Jones
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
UNITED SHORE FINANCIAL SERVICES VS
DEBTOR
Docket 49
Debtor(s):
Eduardo Reyes Represented By Barry E Borowitz
Movant(s):
United Shore Financial Services, Represented By
Christina J O Nathan F Smith
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Stipulation to continue filed 6/18/19
Docket 28
A stipulation to continue the matter was filed in this case. The Court will review the stipulation and enter an order approving the stipulation.
Accordingly, this matter is CONTINUED to July 2, 2019 at 10:00 a.m. Appearances waived.
Debtor(s):
Mark A Sligh Represented By
Julie J Villalobos
Movant(s):
U.S. Bank National Association, as Represented By
Jennifer C Wong
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR fr 5-14-19
Docket 43
None.
Debtor(s):
Hermila Flores Rueda Represented By Michael E Clark Barry E Borowitz
Movant(s):
U.S. BANK NATIONAL Represented By Sean C Ferry
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
NEWREZ LLC VS
DEBTOR
Case dismissed 5/28/19
Erin McCartney to appear by telephone
Docket 51
On May 28, 2019, the Court entered an order dismissing the debtors' bankruptcy case. The Court finds no basis to retain its jurisdiction to hear this matter. The hearing on this motion is now OFF CALENDAR. Appearances waived.
Debtor(s):
Rodney M Van Pelt Represented By Laleh Ensafi
Movant(s):
NewRez LLC d/b/a Shellpoint Represented By
Erin M McCartney
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
NATIONSTAR MORTGAGE LLC VS
DEBTOR
Nichole Glowin to appear by telephone
Docket 23
None.
Debtor(s):
Sabino Alfonso Najera Represented By Barry E Borowitz
Joint Debtor(s):
Sandra Patricia Reyna-Najera Represented By Barry E Borowitz
Movant(s):
Nationstar Mortgage LLC d/b/a Mr. Represented By
Nichole Glowin Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION
VS DEBTOR
Docket 32
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 4 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Catherine Margaret Davis Represented By Thomas B Ure
10:00 AM
Movant(s):
JPMorgan Chase Bank, National Represented By
Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Dane Exnowski to appear by telephone
Docket 19
Debtor(s):
Shannon D Perez Represented By Axel H Richter
Movant(s):
U.S. Bank National Association, as Represented By
Dane W Exnowski
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
HOME POINT FINANCIAL CORPORATION VS
DEBTOR
Docket 20
On June 7, 2019, the Court entered an order dismissing the debtors' bankruptcy case. The Court finds no basis to retain its jurisdiction to hear this matter. The hearing on this motion is now OFF CALENDAR. Appearances waived.
Debtor(s):
Florencio Torres Torres Represented By William G Cort
Movant(s):
Home Point Financial Corporation Represented By
D Anthony Sottile Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
ALLINGHAM COURT HOMEOWNERS ASSOCIATION
VS DEBTOR
Mark D Estle to appear by telephone
Docket 13
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) and (d)(4) to permit movant, its successors, transferees and assigns, to enforce its lawful remedies under the CC&Rs and nonbankruptcy law, to pursue the owner for payment of HOA dues and fees and/or repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property. 11
U.S.C. § 362(d)(4). This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The 14- day period specified in FRBP 4001(a)(3) is waived. Provided the order is
10:00 AM
recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11 U.S.C.
§ 362(d)(4). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
AURORA D BOWSER Represented By Julie J Villalobos
Movant(s):
ALLINGHAM COURT Represented By Mark D Estle
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
BANK OF THE WEST VS
DEBTOR
Case dismissed 6/4/19
Mary E Tang to appear by telephone
Docket 9
Debtor's case was dismissed on June 4, 2019; however, because movant has requested (d)(4) relief the Court will retain its jurisdiction to hear the matter under 11 U.S.C. § 362.
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering real property. The debtor received an interest in the property through an unauthorized grant deed. The debtor has failed to pay any post- petition payments. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
10:00 AM
The 14-day period specified in FRBP 4001(a)(3) is waived. Provided
the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11
U.S.C. § 362(d)(4). All other relief is denied.
Debtor(s):
Movant shall upload an appropriate order via the Court’s LOU system.
Steven Lee Pro Se
Movant(s):
BANK OF THE WEST Represented By
Mary Ellmann Tang
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 9
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on May 31, 2019. This motion was filed on June 4, 2019 and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to the creditors listed on pages 15-17 of the motion at Docket No. 9. Pursuant to the evidence presented, the Court GRANTS the
10:00 AM
relief requested in the motion based upon an apparent change in the personal and financial affairs of the debtor since dismissal of the last case.
Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Doreen Elizabeth Cabral Represented By Jaime A Cuevas Jr.
Movant(s):
Doreen Elizabeth Cabral Represented By Jaime A Cuevas Jr. Jaime A Cuevas Jr. Jaime A Cuevas Jr.
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WM SUNSET & VINE LLC VS
DEBTOR
Docket 21
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §362(d)(2). The stay is terminated as to the debtor and the debtor’s bankruptcy estate with respect to the movant, its successors, transferees and assigns. Movant may enforce its remedies to obtain possession of the property in accordance with applicable law, but may not pursue a deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. §
501. Appearances waived.
Movant served the debtor with a three-day notice to quit the premises on February 5, 2019. When the debtor failed to vacate the premises, an unlawful detainer action was filed and served on February 25, 2019. Debtor filed the bankruptcy petition on May 7, 2019 in an apparent effort to stay commencement of the unlawful detainer action. This motion has been filed to proceed with the unlawful detainer action. This action must go forward because the debtor’s right to possess the premises must be determined.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Marc Jason Richter Pro Se
Movant(s):
WM SUNSET & VINE LLC Represented By Richard Sontag
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
BOBS, LLC VS DEBTOR
fr. 4-23-19
fr 5-21-19
Docket 7
Debtor(s):
None.
Kenneth C Chew Pro Se
Movant(s):
BOBS, LLC Represented By
David Jacob
Trustee(s):
Wesley H Avery (TR) Represented By David M Goodrich
10:00 AM
BOBS, LLC VS DEBTOR
cross collateralized with 773 Lilac Drive Los Osos, CA 934
fr. 4-23-19
fr 5-21-19
Docket 8
None.
Debtor(s):
Kenneth C Chew Pro Se
Movant(s):
BOBS, LLC Represented By
David Jacob
Trustee(s):
Wesley H Avery (TR) Represented By David M Goodrich
10:00 AM
Telephonic Hearing
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR fr 6-11-19
Docket 48
Debtor(s):
Ammie Lubag Represented By Mariano A Alvarez
Movant(s):
U.S. Bank National Association as Represented By
Ashish R Rawat Diane Weifenbach
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
PEK EAN CHONG VS
DEBTOR
fr 5-14-19; 6-11-19
Docket 28
Debtor(s):
Muriel Jones Represented By
Matthew D Resnik
Movant(s):
Pek Ean Chong, Trustee of the Represented By Samuel H Park
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
VS DEBTOR
fr 5-7-19; 6-11-19
Timothy Silverman to appear by telephone
Docket 28
None.
Debtor(s):
William Alvin Scott Represented By Richard T Baum
Joint Debtor(s):
Mary Catherine Scott Represented By Richard T Baum
Movant(s):
XCL TITLING TRUST LLC, its Represented By
Timothy J Silverman
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:19-01082 Romex Textiles, Inc. v. Kim
fr 6-4-19
Docket 1
The status conference in this matter is continued to August 13, 2019 at 2:00 p.m. to allow the parties to engage in settlement negotiations.
Appearances waived.
Debtor(s):
Roy Tae Kim Represented By
Michael H Yi
Defendant(s):
Roy Tae Kim Pro Se
Plaintiff(s):
Romex Textiles, Inc. Represented By Nico N Tabibi
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:00 PM
Adv#: 2:19-01083 Melrose Textiles, Inc. v. Kim
fr 6-4-19
Docket 1
The status conference in this matter is continued to August 13, 2019 at 2:00 p.m. to allow the parties to engage in settlement negotiations.
Appearances waived.
Debtor(s):
Roy Tae Kim Represented By
Michael H Yi
Defendant(s):
Roy Tae Kim Pro Se
Plaintiff(s):
Melrose Textiles, Inc. Represented By Nico N Tabibi
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:00 PM
Adv#: 2:19-01090 Chavois v. PRD, LLC et al
fr 6-4-19
Docket 1
The summons was issued on April 1, 2019. Plaintiff has failed to file a proof of service indicating that the summons and complaint were served and has not filed a Joint Status Report as required by the Local Rules. Plaintiff is to explain why the adversary proceeding should not be dismissed for lack of prosecution.
Debtor(s):
Stephanias Chavois Pro Se
Defendant(s):
PRD, LLC Pro Se
DOES 1 to 50, Inclusive Pro Se
Plaintiff(s):
Stephanias Chavois Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:19-01093 United States Trustee for the Central District of v. Zadeh
of discharge pursuant to 11 U.S.C. Sec. 727(a)(3) and (a)(5)
fr 6-4-19
Docket 1
None.
Debtor(s):
Sebo Hatam Zadeh Represented By
Hamid Soleimanian
Defendant(s):
Sebo Hatam Zadeh Pro Se
Plaintiff(s):
United States Trustee for the Central Represented By
Hatty K Yip
Trustee(s):
Timothy Yoo (TR) Pro Se
2:00 PM
Adv#: 2:19-01094 Gonzalez v. Edwards
Sale of interest of Co-owner in property of the estate; and
Turnover of property fr 6-4-19
O/L 6/21 to continue status conference for 60 days
Docket 1
A stipulation to continue the status conference was filed in this case.
The Court will review the stipulation and enter an order approving the stipulation. Accordingly, this matter is CONTINUED to August 27, 2019 at 2:00 p.m. Appearances waived.
Debtor(s):
Scott Thomas Edwards Represented By Mark T Young
Defendant(s):
Lisa Edwards Pro Se
Plaintiff(s):
Rosendo Gonzalez Represented By Carmela Pagay
Trustee(s):
Rosendo Gonzalez (TR) Represented By
2:00 PM
Timothy J Yoo
2:00 PM
Adv#: 2:18-01381 Garza v. Cardona
fr. 1-22-19; 1-29-19; 4-2-19; 6-4-19
Docket 1
None.
Debtor(s):
Mario G. Cardona Represented By Jaenam J Coe
Defendant(s):
Mario G. Cardona Pro Se
Plaintiff(s):
Daniel Garza Represented By
Baruch C Cohen
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01450 Lipscomb v. United States Department of Education et al
fr 3-5-19;
Docket 1
None.
Debtor(s):
Tamara D. Lipscomb Represented By Christine A Kingston
Defendant(s):
United States Department of Pro Se
US Bank ELT Acapita Pro Se
Illinois Student Assistance Pro Se
VL Funding, LLC Pro Se
Navient Solutions, LLC. Pro Se
United Student Aid Funds, Inc. Pro Se
Pennsylvania Higher Education Pro Se
Plaintiff(s):
Tamara D. Lipscomb Represented By Christine A Kingston
2:00 PM
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01298 Preferred Bank v. EBF Partners, LLC et al
declaratory judgment regarding the validity, priority and extent of Preferred Bank's lien in debtor's accounts receivable and proceeds thereof;
for determination that purported junior lienholders' claims are unsecured under 11 USC Section 506(d)
fr 11-27-18; 1-22-19; 2-26-19, 4-23-19;
Stipulation to continue hearing filed 6/10/19
Docket 1
None.
Debtor(s):
Playhut, Inc. Represented By
Robert P Goe Stephen Reider
Defendant(s):
EBF Partners, LLC Pro Se
Yellowstone Capital West LLC Pro Se
Citi Capital LLC Pro Se
1 West Capital LLC Pro Se
2:00 PM
Plaintiff(s):
Preferred Bank Represented By Gerrick Warrington Michael G Fletcher
2:00 PM
Adv#: 2:18-01300 Playhut, Inc. v. EBF Partners, LLC dba Everest Business Funding
Avoidance and Recovery of Preferential Transfers
Avoidance and Recovery of Constructive Fraudulent Transfers; and
Disallowing Claims
fr 11-27-18; 1-22-19; 2-26-19, 4-23-19; 4-23-19
Stipulation to continue hearing filed 6-21-19
Docket 4
None.
Debtor(s):
PH DIP, Inc Represented By
Robert P Goe Stephen Reider
Defendant(s):
EBF Partners, LLC dba Everest Represented By Eric Tsai
Plaintiff(s):
Playhut, Inc. Represented By
Robert P Goe
2:00 PM
Adv#: 2:18-01448 FRESNO SKILLED NURSING & WELLNESS CENTRE, LLC v.
STIPULATED DISMISSAL FILED 5-31-19
Docket 1
A stipulation for dismissal was filed in this case. Movant is to lodge an appropriate order approving the stipulation. The lodged order must contain language that the court approves the stipulation. The Court will review the stipulation and enter an order approving the stipulation. Accordingly, this matter is taken OFF CALENDAR. Appearances waived.
Defendant(s):
NATIONAL UNION FIRE Represented By Paul B La Scala
Plaintiff(s):
FRESNO SKILLED NURSING & Represented By
David R Ginsburg
2:00 PM
Adv#: 2:18-01448 FRESNO SKILLED NURSING & WELLNESS CENTRE, LLC v.
fr 2-12-19; 3-19-19, 4-23-19; 6-4-19
STIPULATED DISMISSAL FILED 5-31-19
Docket 11
A stipulation for dismissal was filed in this case. Movant is to lodge an appropriate order approving the stipulation. The lodged order must contain language that the court approves the stipulation. The Court will review the stipulation and enter an order approving the stipulation. Accordingly, this matter is taken OFF CALENDAR. Appearances waived.
Defendant(s):
NATIONAL UNION FIRE Represented By Paul B La Scala
Plaintiff(s):
FRESNO SKILLED NURSING & Represented By
David R Ginsburg
2:00 PM
Adv#: 2:18-01448 FRESNO SKILLED NURSING & WELLNESS CENTRE, LLC v.
fr 2-12-19; 3-19-19, 4-23-19; 6-4-19
STIPULATED DISMISSAL FILED 5-31-19
Docket 4
A stipulation for dismissal was filed in this case. Movant is to lodge an appropriate order approving the stipulation. The lodged order must contain language that the court approves the stipulation. The Court will review the stipulation and enter an order approving the stipulation. Accordingly, this matter is taken OFF CALENDAR. Appearances waived.
Defendant(s):
NATIONAL UNION FIRE Represented By Paul B La Scala
Plaintiff(s):
FRESNO SKILLED NURSING & Pro Se
2:00 PM
Adv#: 2:18-01449 HIGHLAND PARK SKILLED NURSING & WELLNESS CENTRE, L v.
fr. 2-12-19; 3-19-19,4-23-19; 6-4-19
STIPULATED DISMISSAL FILED 5-31-19
Docket 1
A stipulation for dismissal was filed in this case. Movant is to lodge an appropriate order approving the stipulation. The lodged order must contain language that the court approves the stipulation. The Court will review the stipulation and enter an order approving the stipulation. Accordingly, this matter is taken OFF CALENDAR. Appearances waived.
Defendant(s):
NATIONAL UNION FIRE Represented By Paul B La Scala
Plaintiff(s):
HIGHLAND PARK SKILLED Represented By David R Ginsburg
2:00 PM
Adv#: 2:18-01449 HIGHLAND PARK SKILLED NURSING & WELLNESS CENTRE, L v.
fr. 2-12-19; 3-19-19, 4-23-19; 6-4-19
STIPULATED DISMISSAL FILED 5-31-19
Docket 11
A stipulation for dismissal was filed in this case. Movant is to lodge an appropriate order approving the stipulation. The lodged order must contain language that the court approves the stipulation. The Court will review the stipulation and enter an order approving the stipulation. Accordingly, this matter is taken OFF CALENDAR. Appearances waived.
Defendant(s):
NATIONAL UNION FIRE Represented By Paul B La Scala
Plaintiff(s):
HIGHLAND PARK SKILLED Represented By David R Ginsburg
2:00 PM
Adv#: 2:18-01449 HIGHLAND PARK SKILLED NURSING & WELLNESS CENTRE, L v.
fr. 2-12-19; 3-19-19, 4-23-19' 6-4-19
STIPULATED DISMISSAL FILED 5-31-19
Docket 4
A stipulation for dismissal was filed in this case. Movant is to lodge an appropriate order approving the stipulation. The lodged order must contain language that the court approves the stipulation. The Court will review the stipulation and enter an order approving the stipulation. Accordingly, this matter is taken OFF CALENDAR. Appearances waived.
Defendant(s):
NATIONAL UNION FIRE Represented By Paul B La Scala
Plaintiff(s):
HIGHLAND PARK SKILLED Represented By David R Ginsburg
2:00 PM
Adv#: 2:18-01349 Johnson v. Sharaf
[RULING]
fr. 4-22-19; 5-15-19; 6-11-19
Docket 1
None.
Debtor(s):
Hayssam Sharaf Pro Se
Defendant(s):
Hayssam Sharaf Pro Se
Plaintiff(s):
R.K. Johnson Represented By
JoAnne Belisle Frances M Campbell
Alexander Gregory Boone
Trustee(s):
Heide Kurtz (TR) Pro Se
10:00 AM
Docket 0
- NONE LISTED -
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 12-12-18; 2-6-19; 4-10-19
Docket 109
- NONE LISTED -
Debtor(s):
Vena Marie Rubalcaba Represented By Matthew D. Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 8-22-17; 10-17-18;12-12-18; 2-6-19; 4-10-19
Docket 83
- NONE LISTED -
Debtor(s):
Daniel Rodriguez Represented By Michael E Clark Barry E Borowitz
Joint Debtor(s):
Karina Padilla Represented By Michael E Clark Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 11-7-18; 1-16-19; 3-27-19; 5-8-19
Docket 61
- NONE LISTED -
Debtor(s):
Sabrina January Dethloff Represented By David P Farrell
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 2-27-19; 4-24-19
Docket 22
- NONE LISTED -
Debtor(s):
Edward F. Urquidi Represented By Cynthia Grande
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 4-24-19
Docket 71
- NONE LISTED -
Debtor(s):
Katherine Marie Akingbade Represented By Brad Weil
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 4-10-19
Docket 51
- NONE LISTED -
Debtor(s):
Janice Dean Lewis Represented By Todd J Roberts
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3-27-19; 5-8-19
Docket 41
- NONE LISTED -
Debtor(s):
David King Represented By
Michelle A Marchisotto Sundee M Teeple
Joint Debtor(s):
Michelle King Represented By
Michelle A Marchisotto Sundee M Teeple
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-27-19; 4-24-19
Docket 23
- NONE LISTED -
Debtor(s):
Mike Azarya Seliktar Represented By Daniel King
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 4-24-19
Docket 50
- NONE LISTED -
Debtor(s):
Juan Manuel Ortega Represented By Peter M Lively
Joint Debtor(s):
Sharollyn Hufana Ortega Represented By Peter M Lively
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Telephonic Hearing
fr 2-27-19; 4-24-19
Arjun Sivakumar to appear by telephone
1:30 PM
1:30 PM
1:30 PM
1:30 PM
1:30 PM
1:30 PM
1:30 PM
1:30 PM
1:30 PM
1:30 PM
1:30 PM
1:30 PM
1:30 PM
1:30 PM
fr 2-27-19; 4-24-19
Docket 38
- NONE LISTED -
Debtor(s):
Lydia M Torres Represented By Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3-13-19; 4-24-19
Docket 33
- NONE LISTED -
Debtor(s):
Luis Ramon Ramirez Represented By Heather J Canning Michael E Clark Barry E Borowitz
Joint Debtor(s):
Amanda Patricia Dominguez Represented By Heather J Canning Michael E Clark Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 4-24-19
Docket 48
- NONE LISTED -
Debtor(s):
Joseph A Villagrana Represented By Axel H Richter
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 4-24-19
Docket 36
- NONE LISTED -
Debtor(s):
Billy Alvares Represented By
Robert T Chen
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Telephonic Hearing
fr 4-24-19
Devin Sawdayi to appear by telephone
Docket 22
- NONE LISTED -
Debtor(s):
James Crowley Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Telephonic Hearing
fr 4-24-19
Devin Sawdayi to appear by telephone
Docket 30
- NONE LISTED -
Debtor(s):
Arja Brown-Langdon Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 4-10-19; 6-5-19
Docket 38
- NONE LISTED -
Debtor(s):
Mirtha Viviana Tabares Represented By Steven A Alpert
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 39
- NONE LISTED -
Debtor(s):
Leo Hill Represented By
Michael E Clark Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 47
- NONE LISTED -
Debtor(s):
Gilberto Velazquez Represented By Rebecca Tomilowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 59
- NONE LISTED -
Debtor(s):
Marcus P Gutierrez Represented By Brad Weil
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 55
- NONE LISTED -
Debtor(s):
Linda Judy Glau Represented By Michael E Clark Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 63
- NONE LISTED -
Debtor(s):
Debbie M Page Represented By Ali R Nader
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 35
- NONE LISTED -
Debtor(s):
Maria Agnes Ahyong Miranda Represented By
Hasmik Jasmine Papian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 40
- NONE LISTED -
Debtor(s):
Ramona Cameille Olmedo Represented By Heather J Canning
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 34
- NONE LISTED -
Debtor(s):
Dushawn D Green Represented By Madhu Kalra
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 29
- NONE LISTED -
Debtor(s):
Roberto Alvarado Zuniga Represented By Amanda G Billyard
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 89
- NONE LISTED -
Debtor(s):
Jose Rivera Represented By
Brad Weil
Joint Debtor(s):
Rita Maria Rivera Represented By Brad Weil
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Telephonic Hearing
Devin Sawdayi to appear by telephone
Docket 48
- NONE LISTED -
Debtor(s):
Jennifer Goodie Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Telephonic Hearing
fr 9-12-18; 11-7-18; 1-30-19; 2-27-19; 4-24-19
Devin Sawdayi to appear by telephone
Docket 31
- NONE LISTED -
Debtor(s):
Jennifer Goodie Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Telephonic Hearing
Devin Sawdayi to appear by telephone
Docket 70
- NONE LISTED -
Debtor(s):
Gina Maria Dapremont Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 42
- NONE LISTED -
Debtor(s):
Mirtha Viviana Tabares Represented By Steven A Alpert
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
for Allowance of Fees and Expenses Following Dismissal or Conversion of Chapter 13 Case Subject to a Rights and Responsibilities Agreement
Docket 24
None.
Debtor(s):
Leslie Eugene Patton Represented By Matthew D Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 33
None.
Debtor(s):
Alexandra Marsela Arvizo Represented By Matthew D Resnik
Trustee(s):
John P Pringle (TR) Pro Se
1:30 PM
Telephonic Hearing
Catherine S. Robertson to appear by telephone
Docket 50
None.
Debtor(s):
Brian G Newton Represented By Matthew D. Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
FR. 5-8-19
Stipulation resolving objection to claim filed 6/5/19
Docket 27
A stipulation resolving the matter was filed in this case. The Court rejected the order and no new order on the stipulation has been lodged. The parties are to explain the failure to lodge a new order. Appearances required.
Debtor(s):
Belita L. Barrett Represented By
Rabin J Pournazarian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 23
None.
Debtor(s):
Shannon D Perez Represented By Axel H Richter
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 90
No opposition was filed.
Debtor seeks to value debtor’s residence at a fair market value of
$455,000 as of March 1, 2015. The subject property is encumbered by a first deed of trust lien held by Ocwen Loan Servicing, LLC, securing a loan with a balance as of the petition date of approximately $506,411.18, and a judicial lien held by Ana Lopez, et. al., in the amount of $152,160.00. The valuation motion is supported by evidence as to the value of the subject property. The content of the notice meets the due process requirement that it be "reasonably calculated, under all of the circumstances, to apprise interested parties of the pendency of the action and to afford them the opportunity to present their objections." Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 314 (1950).
The debtor’s motion is GRANTED. The judicial lien sought to be avoided impairs an exemption to which Debtor would otherwise be entitled; therefore, the lien of Ana Lopez, et. al. is void and unenforceable in its entirety.
Pursuant to LBR 9021-1(b)(1)(B), debtor must lodge a proposed order using the mandatory local rules order form via LOU within 7 days of the hearing.
Debtor(s):
Greer Yvonne Davis Represented By
Rabin J Pournazarian
1:30 PM
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 16
No opposition was filed.
Debtors seek to value debtors' PERSONAL PROPERTY, a 2011 Honda Accord, at a fair market value of $8,825.00. The subject property is secured by an interest held by Santander Consumer USA Inc., securing a loan with a balance as of the petition date of approximately $17,666.32. The valuation motion is supported by evidence as to the value of the subject property. The content of the notice meets the due process requirement that it be "reasonably calculated, under all of the circumstances, to apprise interested parties of the pendency of the action and to afford them the opportunity to present their objections." Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 314 (1950). No opposition was filed. Therefore, Santander Consumer USA Inc.’s claim is only partially secured by a deed of trust lien.
The debtors' motion is GRANTED. Santander Consumer USA Inc.'s claim will be allowed as a secured claim only in the amount of $8,825.00. 11
U.S.C. § 506(a). As a result, the chapter 13 plan must provide for full payment of the secured portion of the claim over the life of the plan and pay the unsecured portion of the lien with other unsecured claims. 11 U.S.C. § 1325(a)(5)(B); see In re Enewally, 368 F.3d 1165, 1171-1172 (9th Cir. 2004), cert. den. 543 U.S. 1021, 125 S.Ct. 669 (2004).
Pursuant to LBR 9021-1(b)(1)(B), debtors must serve and lodge a proposed order via LOU within 7 days of the hearing.
1:30 PM
Debtor(s):
William Phillip Vogel Represented By Elena Steers
Joint Debtor(s):
Maricela Vogel Represented By Elena Steers
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 4-24-19; 5-29-19
Docket 22
Debtor(s):
Eric Wayne Swain Represented By Matthew D. Resnik
Joint Debtor(s):
Rachel Marie Swain Represented By Matthew D. Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Telephonic Hearing
fr. 2-6-19 ; 3-27-19
Caroline S. Kim to appear by telephone Renee M. Parker to appear by telephone
fr 4-24-19
Docket 15
None.
Debtor(s):
Elvira Garcia Lobusta Represented By Caroline S Kim
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Telephonic Hearing
fr 4-24-19
Caroline S. Kim to appear by telephone
Docket 20
None.
Debtor(s):
Shaikhalyn Lobusta Ceralde Represented By Caroline S Kim
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 24
The valuation motion is DENIED without prejudice.
Debtors seek to value debtors' PERSONAL PROPERTY, Miscellaneous vehicles and equipment, at a fair market value of $70,292.00. The subject property is secured by first and second position interests held by Independence Bank, and a third position interest held by On Deck Capital, Inc. The interests secure loan balances of approximately $110,421.89,
$130,135.17, and $170,897.48. Debtor has not established a prima facie
case for the granting of the relief requested in the motion.
Debtor must use the retail value of the vehicles and submit a Kelley Blue Book, the N.A.D.A. Guide retail value, or other such evidence of valuation. The current valuations fail to demonstrate retail value in the relevant Southern California market. Courts have employed a variety of vehicle valuation methods under § 506(a)(2), and presently the Ninth Circuit has not established a uniform method. See In re Ayres, 2010 WL 652825 at * 5 (Bankr. N.D. Cal.) (collecting cases detailing vehicle valuation and describing the state of the law in the Ninth Circuit). However, in In re Morales, the United States Bankruptcy Court for the Central District of California determined that retail value should be calculated "by adjusting the Kelley Blue Book or N.A.D.A. Guide retail value for a like vehicle by a reasonable amount in light of the evidence presented regarding the condition of the vehicle or any other relevant factors." In re Morales, 387 B.R. 36, 45 (Bankr.
C.D. Cal. 2008).
Pursuant to LBR 9021-1(b)(1)(B), debtors must lodge a proposed order via LOU within 7 days of the hearing.
1:30 PM
Debtor(s):
James Albert Schutte Represented By Kevin T Simon
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Parcel No #3053-024-058, vacant land
fr 3-13-19; 6-5-19
Stipulation to continue hearing filed 6/12/19
Docket 32
A stipulation to continue the matter was filed in this case. The Court will review the stipulation and enter an order approving the stipulation.
Accordingly, this matter is CONTINUED to July 31, 2019 at 1:30 p.m. Appearances waived.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Parcel #3053-024-058, vacant land
fr 3-13-19; 6-5-19
Stipulation to continue hearing filed 6/12/19
Docket 33
A stipulation to continue the matter was filed in this case. The Court will review the stipulation and enter an order approving the stipulation.
Accordingly, this matter is CONTINUED to July 31, 2019 at 1:30 p.m. Appearances waived.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Parcel #3053-024-059, vacant land
fr 3-13-19; 6-5-19
Stipulation to continue hearing filed 6/12/19
Docket 34
A stipulation to continue the matter was filed in this case. The Court will review the stipulation and enter an order approving the stipulation.
Accordingly, this matter is CONTINUED to July 31, 2019 at 1:30 p.m. Appearances waived.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Parcel #3053-024-059, vacant land
fr 3-13-19; 6-5-19
Stipulation to continue hearing filed 6/12/19
Docket 35
A stipulation to continue the matter was filed in this case. The Court will review the stipulation and enter an order approving the stipulation.
Accordingly, this matter is CONTINUED to July 31, 2019 at 1:30 p.m. Appearances waived.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Parcel #3053-024-060, vacant land
fr 3-13-19; 6-5-19
Stipulation to continue hearing filed 6/12/19
Docket 36
A stipulation to continue the matter was filed in this case. The Court will review the stipulation and enter an order approving the stipulation.
Accordingly, this matter is CONTINUED to July 31, 2019 at 1:30 p.m. Appearances waived.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Parcel #3053-024-060, vacant land
fr 3-13-19; 6-5-19
Stipulation to continue hearing filed 6/12/19
Docket 37
A stipulation to continue the matter was filed in this case. The Court will review the stipulation and enter an order approving the stipulation.
Accordingly, this matter is CONTINUED to July 31, 2019 at 1:30 p.m. Appearances waived.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Property 2250 Old Nadeau Road, Palmdale
fr 3-13-19; 6-5-19
Stipulation to continue hearing filed 6/12/19
Docket 44
A stipulation to continue the matter was filed in this case. The Court will review the stipulation and enter an order approving the stipulation.
Accordingly, this matter is CONTINUED to July 31, 2019 at 1:30 p.m. Appearances waived.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Movant(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber
Raymonda Jean Jarvis Represented By
1:30 PM
Trustee(s):
Richard Mark Garber Richard Mark Garber Richard Mark Garber
Nancy K Curry (TR) Pro Se
1:30 PM
2250 Old Nadeau Road, Palmdale
fr 3-13-19; 6-5-19
Stipulation to continue hearing filed 6/12/19
Docket 45
A stipulation to continue the matter was filed in this case. The Court will review the stipulation and enter an order approving the stipulation.
Accordingly, this matter is CONTINUED to July 31, 2019 at 1:30 p.m. Appearances waived.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Movant(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber
Raymonda Jean Jarvis Represented By
1:30 PM
Trustee(s):
Richard Mark Garber Richard Mark Garber Richard Mark Garber
Nancy K Curry (TR) Pro Se
1:30 PM
2264 Old Nadeau Road, Palmdale
fr 3-13-19; 6-5-19
Stipulation to continue hearing filed 6/12/19
Docket 46
A stipulation to continue the matter was filed in this case. The Court will review the stipulation and enter an order approving the stipulation.
Accordingly, this matter is CONTINUED to July 31, 2019 at 1:30 p.m. Appearances waived.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Movant(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber
1:30 PM
Raymonda Jean Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
2264 Old Nadeau Road, Palmdale
fr 3-13-19; 6-5-19
Stipulation to continue hearing filed 6/12/19
Docket 47
A stipulation to continue the matter was filed in this case. The Court will review the stipulation and enter an order approving the stipulation.
Accordingly, this matter is CONTINUED to July 31, 2019 at 1:30 p.m. Appearances waived.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Movant(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber
1:30 PM
Raymonda Jean Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Parcel No #3053-024-038 - vacant land
fr 3-13-19; 6-5-19
Stipulation to continue hearing filed 6/12/19
Docket 48
A stipulation to continue the matter was filed in this case. The Court will review the stipulation and enter an order approving the stipulation.
Accordingly, this matter is CONTINUED to July 31, 2019 at 1:30 p.m. Appearances waived.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Movant(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber
1:30 PM
Richard Mark Garber
Raymonda Jean Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Parcel No #3053-024-038 - vacant land
fr 3-13-19; 6-5-19
Stipulation to continue hearing filed 6/12/19
Docket 49
A stipulation to continue the matter was filed in this case. The Court will review the stipulation and enter an order approving the stipulation.
Accordingly, this matter is CONTINUED to July 31, 2019 at 1:30 p.m. Appearances waived.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Movant(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber
1:30 PM
Raymonda Jean Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
9:30 AM
fr 3-19-19; 6-6-19
O/L on 6-21-19 Stipulation to Continue Gerrick Warrington to appear by telephone
Docket 292
A stipulationto continue the matter was filed in this case. The Court will review the stipulation and enter an order approving the stipulation.
Accordingly, this matter is CONTINUED to August 1, 2019 at 10:00 a.m. Appearances waived.
Debtor(s):
PH DIP, Inc Represented By
Robert P Goe Stephen Reider
Movant(s):
PH DIP, Inc Represented By
Robert P Goe Stephen Reider
10:00 AM
fr. 8-30-18; 12-13-18; 1-17-19; 4-16-19
Docket 28
The status conference is continued to July 11, 2019 at 10:00 a.m.
Appearances waived.
Debtor(s):
Michelle Carter Represented By Kevin Tang
10:00 AM
fr 12-6-18; 4-11-19, 4-25-19
Joseph McCarty to appear by telephone
Docket 0
None.
Debtor(s):
Crescent Associates, LLC. Represented By Robert M Yaspan
10:00 AM
fr. 5-9-19; 5-30-19
Docket 1103
None.
Debtor(s):
Massoud Tayyar Represented By
Rachel S Milman Esq Mark E Goodfriend George E Akwo
10:00 AM
Docket 1132
None.
Debtor(s):
Massoud Tayyar Represented By
Rachel S Milman Esq Mark E Goodfriend George E Akwo
10:00 AM
Docket 23
None.
Debtor(s):
Yadira Romero Represented By Lionel E Giron
10:00 AM
Docket 143
No opposition was filed.
The court has reviewed the Application of the Law Offices of Donahue & Young, LLP for the Allowance of Fees and Reimbursement of Expenses.
The court GRANTS the Application and awards $47,579.25 in fees and
$672.62 in costs, for a total of $48,249.87. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Debtor(s):
Debtor’s/Debtors’ counsel is to lodge an appropriate order.
4402 Mammoth Investors, LLC Represented By Mark T Young
Greenberg Glusker
10:00 AM
Docket 161
Debtor(s):
None.
Wajida Alhambra Represented By
Anthony Obehi Egbase Crystle Jane Lindsey
W. Sloan Youkstetter
10:00 AM
fr. 5-16-19
Stipulation to continue hearing filed 6/10/19
Docket 143
None.
Debtor(s):
Ameriquest Security Service Represented By Michael Jay Berger
10:00 AM
Leslie A. Cohhen to appear by telephone
Docket 204
Debtor(s):
Cedric Leonardi Represented By Leslie A Cohen
Mark E Goodfriend
10:00 AM
Telephonic Hearing
Joseph McCarty to appear by telephone
Docket 267
None.
Debtor(s):
Cedric Leonardi Represented By Leslie A Cohen
Mark E Goodfriend
2:00 PM
fr 5-16-19; 6-6-19
Joint stipulation to continue hearing filed 6/20/19 Michael G D'alba to appear by telephone
John D. Monte to appear by telephone
Docket 134
A stipulation to continue the matter was filed in this case. The Court will review the stipulation and enter an order approving the stipulation.
Accordingly, this matter is CONTINUED to July 11, 2019 at 2:00 p.m. Appearances waived.
Debtor(s):
Kaveh Roshan Represented By
Andrew Edward Smyth
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Sonia Singh Richard K Diamond
2:00 PM
David Goodrich
Docket 34
None.
Final Ruling. This fee application has been set for hearing on the notice required by LBR 9013-1(d)(2) and other applicable rules. The failure of the debtor and parties in interest to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(f) is considered as consent to the granting of the motion. LBR 9013-1(h). CF. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). No appearance is allowed.
David M. Goodrich. David M. Goodrich ("Trustee") has filed a Final Report and Application for Compensation and reimbursement of expenses pursuant to 11 U.S.C. §§ 326 & 330. Trustee has itemized $750.00 in fees and $54.50 in expenses, for a total of $804.50. No creditor or other party in interest, including the United States trustee, has filed an objection to the application.
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee’s services, payable after the trustee renders such services, not to exceed 25% of the first $5,000 or less, 10% on any amounts in excess of $5,000 but not in excess of
$50,000, 5% on any amount in excess of $50,000 but not in excess of
$1,000,000, and reasonable compensation not to exceed 3% of such moneys
2:00 PM
in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
In this case, the total money disbursed or turned over in the case by the Trustee to parties in interest, excluding the debtor, is $3,000. There being no extraordinary circumstances present in this case, the trustee’s requested compensation is presumed reasonable since it is sought at the statutory rate. In re Salgado-Nava, 473 B.R. 911 (9th Cir. BAP 2012).
The court finds that the Trustee’s requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is APPROVED.
Debtor(s):
Applicant shall submit an appropriate order.
Miguel Angel Portillo Represented By Jacqueline D Serrao
Joint Debtor(s):
Veronica Portillo Represented By Jacqueline D Serrao
Trustee(s):
David M Goodrich (TR) Pro Se
2:00 PM
Docket 197
- NONE LISTED -
Debtor(s):
Carlo Bondanelli Represented By John D Monte Nathan D Meyer Michael J Glenn
Trustee(s):
Peter J Mastan (TR) Represented By John P. Reitman
Aleksandra Zimonjic Jack A. Reitman
2:00 PM
fr 5-1-19; 5-14-19; 6-5-19
Docket 13
None.
Debtor(s):
Scoobeez Represented By
Ashley M McDow
2:00 PM
ORAL RULING
Docket 118
Debtor(s):
4402 Mammoth Investors, LLC Represented By Mark T Young
Greenberg Glusker
2:00 PM
relief from stay [RP]
STONEHAVEN LLC VS
DEBTOR
ORAL RULING
fr 9-21-18; 11-9-18; 11-16-18; 12-5-18; 3-11-19; 3-6-19
4-3-19; 6-17-19
Docket 30
Debtor(s):
4402 Mammoth Investors, LLC Represented By Mark T Young
Movant(s):
Stonehaven LLC Represented By Michael H Weiss
10:00 AM
WELLS FARGO BANK, N.A. VS
DEBTOR
fr 4-2-19; 6-4-19
Docket 41
None.
Debtor(s):
Peter J Dragaloski Represented By
Amelia Puertas-Samara Hasmik Jasmine Papian
Joint Debtor(s):
Lara Mae Dragaloski Represented By
Hasmik Jasmine Papian
Movant(s):
Wells Fargo Bank, N.A. Represented By Marisol A Nagata John Chandler
Gwendolyn C McClain Cassandra J Richey
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
CARRINGTON MORTGAGE SERVICES, LLC VS
DEBTOR
Docket 80
- NONE LISTED -
Debtor(s):
Linda Jean O'Connor Represented By Peter M Lively
Movant(s):
Carrington Mortgage Services, LLC Represented By
Diana Torres-Brito
S Renee Sawyer Blume Christopher Giacinto Asya Landa
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK VS
DEBTOR
Stipulation to continue hearing filed 6/14/19
Docket 72
This matter is continued to July 30, 2019 at 10:00 a.m. Appearances waived.
Debtor(s):
Thomas D. Bohlmann Represented By Paul R Shankman
James Andrew Hinds Jr Rachel M Sposato
Movant(s):
Wells Fargo Bank, N.A. Represented By Jennifer C Wong
10:00 AM
VS DEBTOR
Docket 52
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 2 post- petition payments. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11 U.S.C. § 362(d)(4). All other relief is
10:00 AM
denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Muriel Jones Represented By
Matthew D Resnik
Movant(s):
Bank of America, N.A. Represented By Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
RIDGEGATE WILBUR HOMEOWNERS ASSOCIATION
VS DEBTOR
Docket 8
Debtor's case was dismissed on June 17, 2019; however, because movant has requested (d)(4) relief the Court will retain its jurisdiction to hear the matter under 11 U.S.C. § 362.
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) and (d)(4) to permit movant, its successors, transferees and assigns, to enforce its lawful remedies under the CC&Rs and nonbankruptcy law, to pursue the owner for payment of HOA dues and fees and/or repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985).
Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The 14- day period specified in FRBP 4001(a)(3) is waived. Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the
10:00 AM
date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11 U.S.C.
§ 362(d)(4). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Edward Shin Pro Se
Movant(s):
Ridgegate Wilbur Homeowners Represented By James Geffner
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
CAB WEST LLC VS
DEBTOR
Docket 16
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral, or proceeds of any insurance coverage naming movant as the loss payee, pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is the lessor debtor's Ford Fusion and the beneficiary of its insurance coverage. On April 10, 2019, the Ford Fusion was declared a total loss triggering an insurance payout. Furthermore, the Court takes judicial notice of the Chapter 13 Individual amended Chapter 13 plan filed in this case on June 24, 2019, in which the debtor proposes to reject the movant's lease. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
David K. Cantrell Represented By
10:00 AM
Movant(s):
Andrew S Mansfield
Cab West LLC Represented By Jennifer H Wang
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
STATE FARM MUTUAL AUTOMOBILE INSURANCE
VS DEBTOR
Docket 26
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to proceed with State Farm Mutual Auto. Ins. Co. v. Francisco Nuno, 19STLC02949, which is an action currently pending against the debtor in a nonbankruptcy forum. Although the term "cause" is not defined in the Code, courts in the Ninth Circuit have granted relief from the stay under § 362(d)(1) when necessary to permit pending litigation to be concluded in another forum. See, e.g., Christensen v. Tucson Estates, Inc. (In re Tucson Estates, Inc.), 912 F.2d 1162, 1166 (9th Cir. 1990) stating that "[w]here a bankruptcy court may abstain from deciding issues in favor of an imminent state court trial involving the same issues, cause may exist for lifting the stay as to the state court trial"); Packerland Packing Co. v. Griffith Brokerage Co. (In re Kemble), 776 F.2d 802, 807 (9th Cir. 1985) (affirming an order lifting the stay to permit a creditor to pursue a conversion and fraudulent conveyance action pending in the federal district court following a remand of the case by the appellate court for a retrial on the damages issue).
Here, the Court finds cause to permit the pending litigation to be concluded in a non-bankruptcy forum. Movant may proceed in the non- bankruptcy forum to final judgment (including any appeals) in accordance with applicable non-bankruptcy law. However, the automatic stay shall remain in effect with respect to enforcement of any judgment against Debtor and/or estate property, except for filing of a Proof of Claim and/or timely bringing a
10:00 AM
non-dischargeability adversary proceeding.
The 14-day period specified in Fed.R.Bankr.P. 4001(a)(3) is waived.
All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Francisco Pablo Nuno Represented By Nicholas M Wajda
Movant(s):
State Farm Mutual Automobile Represented By Richard L Mahfouz
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
MORGAN PICKS TWO, LLC VS
DEBTOR
fr 6-4-19; 6-25-19
Docket 10
None.
Debtor(s):
Juan Olvera Represented By
Thomas B Ure
Movant(s):
Morgan Picks Two, LLC, A Represented By Barry L O'Connor
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR fr. 6-25-19
Docket 28
None.
Debtor(s):
Mark A Sligh Represented By
Julie J Villalobos
Movant(s):
U.S. Bank National Association, as Represented By
Jennifer C Wong
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01093 Wike v. Hong
FR. 6-5-18; 6-26-18, 7-17-18, 8-14-18; 11-13-18
12-4-18; 12-18-18; 3-26-19
Stipulation resolving adversary filed 6/20/19
Docket 1
On June 20, 2019, the parties filed a stipulation to resolve the matter.
The Court will review the order lodged. Accordingly, this matter is OFF CALENDAR. No appearance is required.
Debtor(s):
Michael T Hong Represented By Young K Chang
Defendant(s):
Michael T Hong Pro Se
Plaintiff(s):
Chalmers Wike Represented By Marc Lazarus
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:00 AM
Docket 0
- NONE LISTED -
1:30 PM
fr 4-24-19
Docket 45
- NONE LISTED -
Debtor(s):
Gwendolyn Fields-Abrams Represented By Leon D Bayer
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-14-18; 2-6-19; 3-27-19; 5-29-19
Docket 44
- NONE LISTED -
Debtor(s):
Joseph Jennings Represented By David L Speckman
Joint Debtor(s):
Monalisa E Jennings Represented By David L Speckman
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 7-11-18; 9-12-18; 11-7-18; 1-16-19; 2-27-19; 4-24-19
Docket 45
- NONE LISTED -
Debtor(s):
Lisa Marie Battiest Represented By William G Cort
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-27-19; 4-24-19; 6-5-19
Docket 35
- NONE LISTED -
Debtor(s):
Thomas Vicente Tovar Represented By Jacqueline D Serrao
Joint Debtor(s):
Carey Peter Cronin Represented By Jacqueline D Serrao
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-27-19; 4-24-19; 6-5-19
Docket 35
- NONE LISTED -
Debtor(s):
Manuel J. Leon Jr. Represented By Jacqueline D Serrao
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-7-18; 1-16-19; 3-27-19; 5-29-19
Docket 36
- NONE LISTED -
Debtor(s):
Charles Hansford Jr. Represented By Erika Luna
Joint Debtor(s):
Denise Hansford Represented By Erika Luna
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3-13-19; 4-24-19
Docket 45
- NONE LISTED -
Debtor(s):
Alejandro Villarreal Sanchez Represented By Raymond Perez
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3-27-19; 5-8-19
Docket 33
- NONE LISTED -
Debtor(s):
Edis Zamora Represented By
Luis G Torres
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 5-8-19
Docket 35
- NONE LISTED -
Debtor(s):
Stephanie Hamilton Represented By Jacqueline D Serrao
Trustee(s):
Nancy K Curry (TR) Represented By Jacqueline D Serrao
1:30 PM
Docket 51
- NONE LISTED -
Debtor(s):
Regina Gale Willis Represented By Jacqueline D Serrao
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 32
- NONE LISTED -
Debtor(s):
Cynthia Campbell Kennedy Represented By Steven A Alpert
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 55
- NONE LISTED -
Debtor(s):
Shirley Ann Barnes Represented By Leon D Bayer
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 52
- NONE LISTED -
Debtor(s):
Shirley Ann Barnes Represented By Leon D Bayer
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Stipulation to continue hearing filed 7/1/19
Docket 115
The parties filed a stipulation to continue this hearing. The hearing is continued to August 14, 2019 at 1:30 p.m. Appearances waived.
Debtor(s):
Tenesah Marie Davis Represented By Bobby Samini
James D. Hornbuckle
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 86
No opposition having been filed, and good cause appearing, the motion is GRANTED. Pursuant to LBR 9021-1(b)(1)(B), debtor must lodge a proposed order via LOU within 7 days of the hearing. Appearances waived.
Debtor(s):
George Chavez Jr. Represented By Lior Katz
Joint Debtor(s):
Nate Charisse Chavez Represented By Lior Katz
Trustee(s):
Nancy K Curry (TR) Represented By
Nancy K Curry (TR)
1:30 PM
for Allowance of Fees and Expenses Following Dismissal or Conversion of Chapter 13 Case Subject to a Rights and Responsibilities Agreement
Docket 22
None.
Debtor(s):
Leticia Gonzalez Represented By Matthew D Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 38
None.
Debtor(s):
Pete Gomez Represented By
Matthew D Resnik
Joint Debtor(s):
Anna Maria Gomez Represented By Matthew D Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 28
None.
Debtor(s):
Robert Castanon Represented By Andrew Moher
Joint Debtor(s):
Julissa R Castanon Represented By Andrew Moher
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 14
No opposition was filed.
Debtor seeks to value debtor’s residence at a fair market value of
$450,000 as of April 27, 2019 . The subject property is encumbered by a first deed of trust lien held by Select Portfolia Servicing securing a loan with a balance as of the petition date of approximately $458,243.00 and a second deed of trust held by Trinity Financial Services, securing a loan with a balance as of the petition date of approximately $58,964.00. The valuation motion is supported by evidence as to the value of the subject property. The content of the notice meets the due process requirement that it be "reasonably calculated, under all of the circumstances, to apprise interested parties of the pendency of the action and to afford them the opportunity to present their objections." Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 314 (1950). No opposition was filed. Therefore, Trinity Financial Services’ claim secured by a junior deed of trust lien is completely under-collateralized.
The debtor’s motion is GRANTED. The claim of the junior lienholder is to be treated as an unsecured claim and to be paid through the plan pro rata with all other unsecured claims. The beneficiary of the trust deed encumbered by the junior lien will retain its lien against the subject property to the extent recognized by applicable nonbankruptcy law unless and until the debtor fully performs under the chapter 13 plan and the debtor receives a discharge pursuant to 11 U.S.C. § 1328. Upon the completion of all payments under the chapter 13 plan and upon entry of a discharge pursuant to 11 U.S.C. § 1328 in this case, the junior lien arising from the deed of trust against the subject property will be void and will not constitute an encumbrance on the subject property.
Pursuant to LBR 9021-1(b)(1)(B), debtors must serve and lodge a
1:30 PM
proposed order via LOU within 7 days of the hearing. Appearances waived.
Debtor(s):
Nelson Orellana Pineda Represented By
D Justin Harelik
Joint Debtor(s):
Guisela Pineda Represented By
D Justin Harelik
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
fr 6-6-19
Docket 12
None.
Debtor(s):
Yadira Romero Represented By Lionel E Giron
10:00 AM
fr 6-6-19
Docket 16
None.
Debtor(s):
Yadira Romero Represented By Lionel E Giron
10:00 AM
Docket 96
None.
Debtor(s):
Michelle Carter Represented By Kevin Tang
10:00 AM
fr. 8-30-18; 12-13-18; 1-17-19; 4-16-19; 6-27-19
Docket 28
None.
Debtor(s):
Michelle Carter Represented By Kevin Tang
10:00 AM
Docket 0
None.
Debtor(s):
Luis Carlos Flores Represented By Onyinye N Anyama
Joint Debtor(s):
Teresa Flores Represented By
Onyinye N Anyama
10:00 AM
Telephonic Hearing
fr. 1-11-19, 1-31-19
Docket 0
None.
Debtor(s):
Stanley Swain's, Inc. Represented By Steven R Fox
10:00 AM
of Expenses for Onyinye N Anyama, Debtor's Attorney
Docket 89
No opposition was filed.
The court has reviewed the Application for Payment of Fees of the Anyama Law Firm. The court GRANTS the Application and awards
$13,390.00 in fees and $697.73 in costs for a total of $14,087.73. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Movant is to lodge an appropriate order.
Debtor(s):
Sergio Cayetano Montero Represented By Onyinye N Anyama
10:00 AM
fr.7-19-18; 10-18-18; 12-13-18, 1-31-19
4-25-19; 5-30-19
Docket 144
Debtor(s):
William O Haight Represented By Dana M Douglas M Jonathan Hayes
10:00 AM
fr. 10-18-18; 12-6-18; 3-7-19, 4-25-19, 6-27-19
Docket 204
Debtor(s):
Cedric Leonardi Represented By Leslie A Cohen
Mark E Goodfriend
10:00 AM
fr 1-31-19; 4-25-19; 6-6-19
Docket 149
Debtor(s):
American Ranch and Seafood Represented By Sandford L. Frey
10:00 AM
fr 6-27-19
Docket 161
None.
Debtor(s):
Wajida Alhambra Represented By
Anthony Obehi Egbase Crystle Jane Lindsey
W. Sloan Youkstetter
10:00 AM
fr 6-6-19
Docket 140
None.
Debtor(s):
Wajida Alhambra Represented By
Anthony Obehi Egbase Crystle Jane Lindsey
W. Sloan Youkstetter
10:00 AM
Docket 186
None.
Debtor(s):
Randal D. Haworth M.D. Inc. Represented By Stella A Havkin
Movant(s):
Randal D. Haworth M.D. Inc. Represented By Stella A Havkin
10:00 AM
fr. 8-16-18; 11-8-18, 2-7-19; 3-7-19, 4-4-19; 5-9-19; 6-6-19
Docket 15
None.
Debtor(s):
Randal D. Haworth M.D. Inc. Represented By Stella A Havkin
10:00 AM
Docket 41
None.
Debtor(s):
Joyce Barlow Represented By
Giovanni Orantes Luis A Solorzano
Movant(s):
Joyce Barlow Represented By
Giovanni Orantes Giovanni Orantes Giovanni Orantes Luis A Solorzano Luis A Solorzano Luis A Solorzano
10:00 AM
fr 5-30-19
Docket 12
None.
Debtor(s):
Joyce Barlow Represented By
Giovanni Orantes Luis A Solorzano
10:00 AM
a Claim Reserve, and Granting Related Relief 11 U.S.C. §§ 105(a) and 502(c)]
Docket 111
- NONE LISTED -
Debtor(s):
Crescent Associates, LLC. Represented By Robert M Yaspan
10:00 AM
Docket 116
None.
Debtor(s):
Scoobeez Represented By
Ashley M McDow
10:00 AM
Docket 90
None.
Debtor(s):
Scoobeez Represented By
Ashley M McDow
10:00 AM
fr. 6-6-19
Docket 83
- NONE LISTED -
Debtor(s):
Expressway Deliveries, Inc. Represented By
J. Bennett Friedman
10:00 AM
fr 6-6-19
Docket 85
- NONE LISTED -
Debtor(s):
Expressway Deliveries, Inc. Represented By
J. Bennett Friedman
10:00 AM
Docket 139
None.
Debtor(s):
Expressway Deliveries, Inc. Represented By
J. Bennett Friedman
10:00 AM
Docket 113
- NONE LISTED -
Debtor(s):
Expressway Deliveries, Inc. Represented By
J. Bennett Friedman
10:00 AM
fr 2-7-19; 5-9-19
Docket 33
None.
Debtor(s):
Expressway Deliveries, Inc. Represented By
J. Bennett Friedman
10:00 AM
Docket 727
No opposition was filed.
The court has reviewed the Application for Payment of Fees of Brinkman
Portillo Ronk, APC. The court GRANTS the Application and awards
$298,214.69 in fees and $2,793.07 in costs for a total of $298,214.07. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1).
Debtor(s):
Movant is to lodge an appropriate order.
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
10:00 AM
Docket 728
No opposition was filed.
The court has reviewed the Application for Payment of Fees of Lewis R Landau. The court GRANTS the Application and awards $142,609.50 in fees and $6,919.25 in costs for a total of $149,528.75 the unpaid balance to be paid by the debtor. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11
U.S.C. § 330(a)(1).
Movant is to lodge an appropriate order.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
10:00 AM
Docket 730
No opposition was filed.
The court has reviewed the Application for Payment of Fees of Daniel
P. Hogan, Attorney at Law. The court GRANTS the Application and awards
$1,470.00 in fees and $0 in costs for a total of $1,470.00. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Movant is to lodge an appropriate order.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
10:00 AM
Docket 731
No opposition was filed.
The court has reviewed the Application for Payment of Fees of TroyGould PC. The court GRANTS the Application and awards $0 in fees and
$33.09 in costs for a total of $33.09. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Movant is to lodge an appropriate order.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
10:00 AM
Docket 738
No opposition was filed.
The court has reviewed the Application for Payment of Fees of GlassRatner Advisory & Capital Group, LLC. The court GRANTS the Application and awards $190,549.50 in fees and $1,080.34 in costs for a total of $191,629.84. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1).
Debtor(s):
Movant is to lodge an appropriate order.
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
2:00 PM
Brad Krasnoff
Docket 36
Final Ruling. This fee application has been set for hearing on the notice required by LBR 9013-1(d)(2) and other applicable rules. The failure of the debtor and parties in interest to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(f) is considered as consent to the granting of the motion. LBR 9013-1(h). CF. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). No appearance is allowed.
Brad D. Krasnoff. Brad D. Krasnoff ("Trustee") has filed a Final Report and Application for Compensation and reimbursement of expenses pursuant to 11 U.S.C. §§ 326 & 330. Trustee has itemized $924.75 in fees and $87.20 in expenses, for a total of $1,011.95. No creditor or other party in interest, including the United States trustee, has filed an objection to the application.
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee’s services, payable after the trustee renders such services, not to exceed 25% of the first $5,000 or less, 10% on any amounts in excess of $5,000 but not in excess of
$50,000, 5% on any amount in excess of $50,000 but not in excess of
$1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including
2:00 PM
holders of secured claims. 11 U.S.C. § 326(a).
In this case, the total money disbursed or turned over in the case by the Trustee to parties in interest, excluding the debtor, is $3,699. There being no extraordinary circumstances present in this case, the trustee’s requested compensation is presumed reasonable since it is sought at the statutory rate. In re Salgado-Nava, 473 B.R. 911 (9th Cir. BAP 2012).
The court finds that the Trustee’s requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is APPROVED.
Debtor(s):
Applicant shall submit an appropriate order.
Vincent Harris Represented By Julie J Villalobos
Trustee(s):
Brad D Krasnoff (TR) Pro Se
2:00 PM
fr. 5-16-19; 6-6-19
Docket 132
A stipulation to continue the matter was filed in this case. The Court will review the stipulation and enter an order approving the stipulation.
Accordingly, this matter is continued to August 15, 2019 at 2:00 p.m.
Appearances waived.
Debtor(s):
Kaveh Roshan Represented By
Andrew Edward Smyth
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Sonia Singh Richard K Diamond
2:00 PM
fr 5-16-19; 6-6-19; 6-27-19
Stipulation to continue hearing filed 7/8/19
Docket 134
A stipulation to continue the matter was filed in this case. The Court will review the stipulation and enter an order approving the stipulation.
Accordingly, this matter is CONTINUED to August 15, 2019 at 2:00 p.m. Appearances waived.
Debtor(s):
Kaveh Roshan Represented By
Andrew Edward Smyth
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Sonia Singh Richard K Diamond
2:00 PM
Docket 25
Debtor(s):
Yvonne K. Lausch Represented By Jeffrey S Shinbrot
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:00 PM
Docket 15
Debtor(s):
Reba Lee Brown Pro Se
Trustee(s):
Peter J Mastan (TR) Pro Se
2:00 PM
Docket 10
Debtor(s):
Paulino Pena Represented By
Nancy Korompis
Trustee(s):
Timothy Yoo (TR) Pro Se
2:00 PM
Docket 9
Debtor(s):
Fermin Santana Pro Se
Joint Debtor(s):
Dominique Rodriguez Pro Se
Trustee(s):
Sam S Leslie (TR) Pro Se
2:00 PM
Docket 11
Debtor(s):
Antonio Cruz Represented By Barry E Borowitz
Joint Debtor(s):
Gala Caprice Cruz Represented By Barry E Borowitz
Trustee(s):
David M Goodrich (TR) Pro Se
2:00 PM
Docket 10
Debtor(s):
Fatima Isabel Baca Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:00 PM
Docket 8
Debtor(s):
Miranda B. Irwin Represented By Steven B Lever
Trustee(s):
David M Goodrich (TR) Pro Se
2:00 PM
Docket 15
Debtor(s):
Sandra G Luna-Rosales Represented By
Michael H Colmenares
Trustee(s):
Peter J Mastan (TR) Pro Se
2:00 PM
Docket 10
Debtor(s):
Chad E Leatherman Represented By Daniel King
Trustee(s):
Timothy Yoo (TR) Pro Se
2:00 PM
Docket 10
Debtor(s):
Jaime Ortega Pro Se
Trustee(s):
Jason M Rund (TR) Pro Se
2:00 PM
Docket 11
Debtor(s):
Julio Cesar Pivaral Represented By
Michael H Colmenares
Joint Debtor(s):
Mayra Veronica Pivaral Represented By
Michael H Colmenares
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:00 PM
Docket 10
Debtor(s):
Kimberly A Padilla Pro Se
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Docket 11
Debtor(s):
Tyree Bishop Lasley Represented By Barry E Borowitz
Joint Debtor(s):
Suzanne Evelyn Perry-Lasley Represented By Barry E Borowitz
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
Dba GM Financial
Docket 14
Debtor(s):
Sandra Araceli Ferrer-Gonzalez Represented By
Michael H Colmenares
Joint Debtor(s):
Dario Estuardo Gonzalez Reyes Represented By
Michael H Colmenares
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
Docket 9
Debtor(s):
Ray Anthony Chambers Pro Se
Trustee(s):
David M Goodrich (TR) Pro Se
2:00 PM
Docket 12
Debtor(s):
Ray Anthony Chambers Pro Se
Trustee(s):
David M Goodrich (TR) Pro Se
2:00 PM
Docket 16
Debtor(s):
Janus James Quiambao Pro Se
Trustee(s):
David M Goodrich (TR) Pro Se
2:00 PM
Docket 10
Debtor(s):
Londell Chaff Jr Represented By Jeffrey N Wishman
Trustee(s):
Jason M Rund (TR) Pro Se
2:00 PM
Docket 8
Debtor(s):
Susana Saucedo Represented By Lauren M Foley
Trustee(s):
Jason M Rund (TR) Pro Se
2:00 PM
Docket 12
Debtor(s):
Luis A Morales Pro Se
Trustee(s):
John J Menchaca (TR) Pro Se
2:00 PM
Docket 11
Debtor(s):
Daisy Gladys Guerrero Pro Se
Trustee(s):
Sam S Leslie (TR) Pro Se
2:00 PM
Docket 11
Debtor(s):
Jose Luis Juarez-Escalante Represented By
Michael H Colmenares
Trustee(s):
Sam S Leslie (TR) Pro Se
2:00 PM
Docket 10
Debtor(s):
Sara Maritza Alcantara Pro Se
Joint Debtor(s):
Juan Carlos Alcantara Pro Se
Trustee(s):
John J Menchaca (TR) Pro Se
2:00 PM
Docket 10
Debtor(s):
Cecile E Romero Represented By William J Smyth
Trustee(s):
John J Menchaca (TR) Pro Se
2:00 PM
Docket 9
Debtor(s):
Leticia Segundo Aguilar Represented By
Sevag Nigoghosian
Trustee(s):
Sam S Leslie (TR) Pro Se
2:00 PM
Infiniti Q60
Docket 9
Debtor(s):
Brandon Hernandez Represented By Philomena N Nzegge
Trustee(s):
Sam S Leslie (TR) Pro Se
2:00 PM
Infiniti QX 30
Docket 10
Debtor(s):
Brandon Hernandez Represented By Philomena N Nzegge
Trustee(s):
Sam S Leslie (TR) Pro Se
2:00 PM
Docket 11
Debtor(s):
Caroline Baghasarian Represented By Jeffrey J Hagen
Joint Debtor(s):
Hagop Baghasarian Represented By Jeffrey J Hagen
Trustee(s):
Timothy Yoo (TR) Pro Se
2:00 PM
Docket 16
Debtor(s):
Genoveva Cuevas Pro Se
Trustee(s):
Brad D Krasnoff (TR) Pro Se
2:00 PM
Docket 14
Debtor(s):
Eugene Nelson Pro Se
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Docket 9
Debtor(s):
Jeanine Ann Fisher Represented By Jeffrey J Hagen
Trustee(s):
Heide Kurtz (TR) Pro Se
2:00 PM
Docket 8
Debtor(s):
Sunny Tang Represented By
Maria W Tam
Trustee(s):
Heide Kurtz (TR) Pro Se
2:00 PM
Docket 9
Debtor(s):
Kwi Ye Yi Pro Se
Trustee(s):
Jason M Rund (TR) Pro Se
2:00 PM
Docket 9
Debtor(s):
Leanna Margaret Martinez Pro Se
Trustee(s):
David M Goodrich (TR) Pro Se
2:00 PM
Docket 10
Debtor(s):
Bertha Sebastian Gomez Represented By Benard C Udeozor
Trustee(s):
David M Goodrich (TR) Pro Se
2:00 PM
Docket 10
Debtor(s):
Enrique Meza Altamirano Represented By Philomena N Nzegge
Trustee(s):
Elissa Miller (TR) Pro Se
2:00 PM
Docket 9
Debtor(s):
Mario Flores Represented By
Kelly Warren
Joint Debtor(s):
Jeanine A. Chavolla Represented By Kelly Warren
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Docket 22
Debtor(s):
Marina Tsis Represented By
Janet A Lawson
Joint Debtor(s):
Gabrial Shafer Represented By Janet A Lawson
Trustee(s):
Timothy Yoo (TR) Pro Se
2:00 PM
Docket 14
Debtor(s):
Felicia Pauline Reece Pro Se
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:00 PM
Docket 9
Debtor(s):
Ana Vilma Lopez Ayala Pro Se
Trustee(s):
Sam S Leslie (TR) Pro Se
2:00 PM
Docket 7
Debtor(s):
Themis Brunett Represented By Julie J Villalobos
Trustee(s):
Sam S Leslie (TR) Pro Se
2:00 PM
Docket 7
Debtor(s):
Gloria Francheska Vanegas Pro Se
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
MAGNUM PROPERTY INVESTMENTS VS
DEBTOR
Docket 8
Movant has not established how debtor has any interest in the real property at issue in the motion. Movant is to explain why relief from stay should be granted in this case.
Debtor(s):
Jorge Hernandez Pro Se
Movant(s):
Magnum Property Investments, LLC Represented By
Lane M Nussbaum
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
FINANCIAL SERVICES VEHICLE TRUST VS
DEBTOR fr. 6-4-19
Docket 15
None.
Debtor(s):
Isaac Vizcarra Represented By Jaime A Cuevas Jr.
Movant(s):
Financial Services Vehicle Trust Represented By
Cheryl A Skigin
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
TITLEMAX OF CALIFORNIA, INC VS
DEBTOR
Brian A. Paino to appear by telephone
Docket 37
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's Toyota Supra. The debtor has failed to pay 25 post-petition payment. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Mitchell Inegbenehi Oifoh Represented By Brian J Soo-Hoo
10:00 AM
Movant(s):
TitleMax of California, Inc. Represented By Brian A Paino
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WILSHIRE CONSUMER CREDIT VS
DEBTOR
Docket 59
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's Lexus SC430. The debtor has failed to pay 3 post-petition payment. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Muriel Jones Represented By
Matthew D Resnik
Movant(s):
Wilshire Consumer Credit Represented By
10:00 AM
Trustee(s):
Cheryl A Skigin
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR fr 6-25-19
Diane V Weifenbach to appear by telephone
Docket 76
None.
Debtor(s):
Katherine Marie Akingbade Represented By Brad Weil
Movant(s):
U.S. Bank National Association as Represented By
Ashish R Rawat Diane Weifenbach
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
HSBC BANK USA, NATIONAL ASSOCIATION VS
DEBTOR fr 6-25-19
Joseph DelMotte to appear by telephone
Docket 55
The parties have filed a stipulation for adequate protection. The court will review the stipulation and enter an order approving the stipulation. This hearing is off calendar. Appearances waived.
Debtor(s):
Juan Manuel Ortega Represented By Peter M Lively
Joint Debtor(s):
Sharollyn Hufana Ortega Represented By Peter M Lively
Movant(s):
HSBC Bank USA, National Represented By Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DITECH FINANCIAL LLC VS
DEBTOR fr 6-4-19
Kelsey Luu to appear by telephone
Docket 93
None.
Debtor(s):
Michelle Jacildo Mandel Represented By Steven B Lever
Movant(s):
Ditech Financial LLC Represented By Keena N Newmark Kelsey X Luu
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
THE BANK OF NEW YORK MELLON VS
DEBTOR fr 6-11-19
Docket 64
None.
Debtor(s):
Debbie M Page Represented By Ali R Nader
Movant(s):
The Bank of New York Mellon, f/k/a Represented By
Daniel K Fujimoto Caren J Castle
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
JPMORGAN CHASE BANK, NATIONAL ASOCIATION
VS DEBTOR
fr 6-4-19
Docket 48
None.
Debtor(s):
Teresita Requillas Orcini Represented By Thomas B Ure
Movant(s):
JPMorgan Chase Bank, National Represented By
Christina J O
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DEUTSCHE BANK NATIONAL TRUST COMPANY
VS DEBTOR
fr 6-4-19
Docket 42
Debtor(s):
Michelle Evelyn Stewart Represented By Bradley J Yourist
Movant(s):
DEUTSCHE BANK NATIONAL Represented By
Sean C Ferry Eric P Enciso
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
ABS REO TRUST II VS
DEBTOR
Daniel Fujimoto to appear by telephone
Docket 47
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 11 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Serena Wright Represented By Julie J Villalobos
10:00 AM
Movant(s):
ABS REO Trust II Represented By Daniel K Fujimoto Caren J Castle
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
NATIONSTAR MORTGAGE LLC VS
DEBTOR
JaVonne J. Phillips to appear by telephone
Docket 27
None.
Debtor(s):
Annabelle Dinsay Anderson Represented By Michael E Clark
Movant(s):
Nationstar Mortgage LLC as Represented By
Dane W Exnowski Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WILMINGTON TRUST NATIONAL ASSOCIATION VS
DEBTOR
Docket 46
A stipulation to continue the matter was filed in this case. The Court will review the stipulation and enter an order approving the stipulation.
Accordingly, this matter is CONTINUED to July 30, 2019 at 10:00 a.m. Appearances waived.
Debtor(s):
Travis Lovell Lindsey Sr. Represented By Todd J Roberts
Movant(s):
Wilmington Trust, National Represented By Sumit Bode Robert P Zahradka Kelly M Raftery
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
DEUTSCHE BANK NATIONAL TRUST COMPANY
VS DEBTOR
Megan E. Lees to appear by telephone
Docket 33
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 4 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Cheryl Yvonne Jackson Represented By
10:00 AM
Movant(s):
Stephen S Smyth William J Smyth
Deutsche Bank National Trust Represented By Daniel K Fujimoto Robert P Zahradka
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
WILMINGTON TRUST, NATIONAL ASSOCIATION VS
DEBTOR
Cassandra Richey to appear by telephone
Docket 45
None.
Debtor(s):
Leobardo Alaniz Represented By Jaime A Cuevas Jr.
Movant(s):
Wilmington Trust, National Represented By Sumit Bode Robert P Zahradka
Cassandra J Richey
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
NEWREZ LLC VS
DEBTOR
Case dismissed 12/3/18
Docket 24
Debtor's case was dismissed on December 26, 2018; however, because movant has requested for the Court to annul the stay, the Court will retain its jurisdiction to hear the matter under 11 U.S.C. § 362.
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay any post- petition payments. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. Provided
10:00 AM
the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11
U.S.C. § 362(d)(4). Further, the stay is annulled retroactive to the petition date, so that enforcement actions taken by movant, if any, before receipt of notice of the automatic stay will not be deemed to have been voided by the automatic stay. See Nat’l Envtl. Waste Corp. v. City of Riverside (In re Nat’l Envtl. Waste Corp.), 129 F.3d 1052, 1055 (9th Cir. 1997). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Edward Rodriguez Pro Se
Movant(s):
NewRez LLC d/b/a Shellpoint Represented By
Erin M McCartney
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
CARRINGTON MORTGAGE SERVICES VS
DEBTOR
Docket 31
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 5 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Raul Gil Orozco Represented By Daniel King
Movant(s):
Carrington Mortgage Services, LLC Represented By
10:00 AM
Trustee(s):
Sean C Ferry Erin Elam
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
SANTANDER CONSUMER USA, INC VS
DEBTOR
Randall Mroczynski to appear by telephone
Docket 31
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral, or proceeds of any insurance coverage naming movant as the loss payee, pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's Toyota Sienna and the beneficiary of its insurance coverage. On May 2, 2019, the Toyota was declared a total loss triggering an insurance payout. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1 ). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court's LOU system.
10:00 AM
Debtor(s):
Ralaina Vonette Potts Represented By John Asuncion
Movant(s):
Santander Consumer USA Inc. Represented By Jennifer H Wang
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 11
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on June 17, 2019. This motion was filed on June 19, 2019, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition.
The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to the creditors listed on pages 21-23 of the motion at Docket No. 11. Pursuant to the evidence presented, the Court GRANTS the
10:00 AM
relief requested in the motion based upon an apparent change in the personal and financial affairs of the debtor since dismissal of the last case.
Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Jennifer Penalber Represented By Marcus Gomez
Movant(s):
Jennifer Penalber Represented By Marcus Gomez
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 11
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on June 26, 2019. This motion was filed on July 1, 2019, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to the creditors listed on pages 23-25 of the motion at Docket No. 11. Pursuant to the evidence presented, the Court GRANTS the
10:00 AM
relief requested in the motion based upon an apparent change in the personal and financial affairs of the debtor since dismissal of the last case.
Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Frank Perez Represented By
David Samuel Shevitz
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 9
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on June 26, 2019. This motion was filed on June 28, 2019, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition.
The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to the creditors listed on pages 18-19 of the motion at Docket No. 9. Pursuant to the evidence presented, the Court GRANTS the
10:00 AM
relief requested in the motion based upon an apparent change in the personal and financial affairs of the debtor since dismissal of the last case.
Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Roberto Lopez Gomez Represented By Cynthia Grande
Movant(s):
Roberto Lopez Gomez Represented By Cynthia Grande Cynthia Grande
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
DAIMLER TRUST VS
DEBTOR
Randall Mroczynski to appear by telephone
Docket 20
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is the lessor debtor's Mercedes Benz C300. On June 2, 2019, the lease matured and debtor subsequently surrendered the vehicle to movant. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Pierre Amaury Crespeau Pro Se
10:00 AM
Movant(s):
Daimler Trust Represented By
Jennifer H Wang
Trustee(s):
David M Goodrich (TR) Pro Se
10:00 AM
AUTURO VEGA VS
DEBTOR
Docket 156
Debtor(s):
Scoobeez Represented By
Ashley M McDow
Movant(s):
Arturo Vega Represented By
Eric K Yaeckel
2:00 PM
Adv#: 2:19-01136 Stewart v. Panma Properties A Nevada Limited Liability Corpor
damages, attorney fees and costs, for declaratory relief and a conditional action for an accounting and to obtain unapplied credits, quiet title, action for cancellation of instruments, setting aside Trustee's Sale, voiding or cancelling Trustee's deed opon sale, wrongful foreclosure
Docket 1
- NONE LISTED -
Debtor(s):
Robert Dale Stewart Pro Se
Defendant(s):
Panma Properties A Nevada Limited Pro Se All Persons Unknown Claiming any Pro Se Does 1 - 20 Inclusive Pro Se
Plaintiff(s):
Robert D Stewart Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:19-01141 Stewart v. Guerra et al
Docket 1
- NONE LISTED -
Debtor(s):
Robert Dale Stewart Pro Se
Defendant(s):
Tracy Guerra Pro Se
Donna Seyedi Pro Se
Guerra And Seyedi APC Pro Se
Does 1-20 Inclusive Pro Se
Plaintiff(s):
Robert D Stewart Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01092 Meier et al v. Welker, II
FR. 6-05-18; 6-12-18; 10-16-18; 1-15-19; 4-23-19; 5-21-19
6-11-19
Docket 1
The parties filed a notice of settlement on May 16. The court converted the pretrial conference to a status conference. The parties are to advise the status of the settlement.
Debtor(s):
James Joseph Welker II Represented By Jeffrey N Wishman
Defendant(s):
James Joseph Welker II Pro Se
Plaintiff(s):
Claudio Meier Represented By Bradford T Child
Brigitte Frank Meier Represented By Bradford T Child
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
2:00 PM
Adv#: 2:17-01547 Mastan v. Bondanelli et al
fr 5-21-19
Jack A. Reitman to appear by telephone
Docket 1
On July 3, 2019, the court entered the Order on Trustee's Motion For Approval of Compromise With Carlo Bondanelli, St. Joseph's Investments, Inc. Defined Benefit Pension Plan, Civitas Incorporated, St. Joseph's Investments, Inc., and Desert Solis, Inc. in the underlying bankruptcy case. Accordingly, the parties need to dismiss this adversary proceeding.
Debtor(s):
Carlo Bondanelli Represented By John D Monte Nathan D Meyer Michael J Glenn
Defendant(s):
Carlo Bondanelli Represented By Michael J Glenn
Carlo Bondanelli, as trustee of St. Represented By
Michael J Glenn
St. Joseph's Investments, Inc. Represented By Michael J Glenn
St. Joseph's Investments, Inc. in its Represented By
Michael J Glenn
2:00 PM
Does 1-10, Inclusive Pro Se
Plaintiff(s):
Peter J Mastan Represented By John P Reitman
Aleksandra Zimonjic Jack A Reitman
Trustee(s):
Peter J Mastan (TR) Represented By John P Reitman
Aleksandra Zimonjic Jack A Reitman
2:00 PM
Adv#: 2:17-01549
Mastan v. Desert Solis, Inc., a California corporation et al Telephonic Hearing
fr 5-21-19
Jack A. Reitman to appear by telephone
Docket 1
On July 3, 2019, the court entered the Order on Trustee's Motion For Approval of Compromise With Carlo Bondanelli, St. Joseph's Investments, Inc. Defined Benefit Pension Plan, Civitas Incorporated, St. Joseph's Investments, Inc., and Desert Solis, Inc. in the underlying bankruptcy case. Accordingly, the parties need to dismiss this adversary proceeding.
Debtor(s):
Carlo Bondanelli Represented By John D Monte Nathan D Meyer Michael J Glenn
Defendant(s):
Desert Solis, Inc., a California Represented By Michael J Glenn
DOES 1-10, Inclusive Pro Se
Plaintiff(s):
Peter J Mastan Represented By John P Reitman
Aleksandra Zimonjic
2:00 PM
Trustee(s):
Jack A Reitman
Peter J Mastan (TR) Represented By John P Reitman
Aleksandra Zimonjic Jack A Reitman
2:00 PM
Adv#: 2:17-01550
Mastan v. Civitas Incorporated., a California corporation et Telephonic Hearing
fr 5-21-19
Jack A. Reitman to appear by telephone
Docket 1
On July 3, 2019, the court entered the Order on Trustee's Motion For Approval of Compromise With Carlo Bondanelli, St. Joseph's Investments, Inc. Defined Benefit Pension Plan, Civitas Incorporated, St. Joseph's Investments, Inc., and Desert Solis, Inc. in the underlying bankruptcy case. Accordingly, the parties need to dismiss this adversary proceeding.
Debtor(s):
Carlo Bondanelli Represented By John D Monte Nathan D Meyer Michael J Glenn
Defendant(s):
Civitas Incorporated., a California Represented By
Michael J Glenn
St. Joseph's Investments, Inc., a Represented By Michael J Glenn
DOES 1-10, Inclusive Pro Se
2:00 PM
Plaintiff(s):
Peter J Mastan Represented By John P Reitman
Aleksandra Zimonjic Jack A Reitman
Trustee(s):
Peter J Mastan (TR) Represented By John P Reitman
Aleksandra Zimonjic Jack A Reitman
2:00 PM
Adv#: 2:19-01129
Point.360, a California Corporation et al v. Medley Capital Corporation et al Telephonic Hearing
Mandatory Subordination and Claim Disallowance;
Recharacterization and Claim Disallowance;
Objection to Claim; and
Lien Avoidance
[11 U.S.C. Section 502(b)(1); 510(b); 506(d)
Telephone Appearances:
Lewis Landau Point.360 Katherine Preston Medley Capital Carey D. Schreiber Medley Capital
Docket 1
The status conference is continued to August 13, 2019 at 2:00 p.m. to be heard at the same time as the Defendants' motion to dismiss.
Appearances waived.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
Defendant(s):
Medley Capital Corporation Pro Se
Medley Opportunity Fund II LP Pro Se
2:00 PM
Plaintiff(s):
Point.360, a California Corporation Represented By
Lewis R Landau
Committee of Creditors Holding Represented By
Lewis R Landau Daren Brinkman
2:00 PM
Telephonic Hearing
Michael Weiss to appear by telephone Mark T. Young to appear by telephone
Docket 118
None.
Debtor(s):
4402 Mammoth Investors, LLC Represented By Mark T Young
Greenberg Glusker
2:00 PM
relief from stay [RP]
STONEHAVEN LLC VS
DEBTOR
ORAL RULING
fr 9-21-18; 11-9-18; 11-16-18; 12-5-18; 3-11-19; 3-6-19
4-3-19; 6-17-19
fr 7-1-19
Docket 30
None.
Debtor(s):
4402 Mammoth Investors, LLC Represented By Mark T Young
Movant(s):
Stonehaven LLC Represented By Michael H Weiss
10:00 AM
FIRST CITY CREDIT UNION VS
DEBTOR
Docket 29
None.
Debtor(s):
Alex Gonzales Represented By Andy C Warshaw
Movant(s):
First City Credit Union Represented By Karel G Rocha
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
ACAR LEASING LTD VS
DEBTOR
Docket 37
- NONE LISTED -
Debtor(s):
Roberto Alvarado Zuniga Represented By Amanda G Billyard
Movant(s):
ACAR Leasing LTD d/b/a GM Represented By Jennifer H Wang
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WILMINGTON SAVINGS FUND SOCIETY, FSB VS
DEBTOR fr 6-11-19
Docket 51
None.
Debtor(s):
Clettious E Woolfork Represented By Elena Steers
Movant(s):
Wilmington Savings Fund Society, Represented By
Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
fr. 6-25-19; 7-2-19
Docket 28
Debtor(s):
Mark A Sligh Represented By
Julie J Villalobos
Movant(s):
U.S. Bank National Association, as Represented By
Jennifer C Wong Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
NATIONSTAR MORTGAGE LLC VS
DEBTOR fr 6-25-19
Docket 23
None.
Debtor(s):
Sabino Alfonso Najera Represented By Barry E Borowitz
Joint Debtor(s):
Sandra Patricia Reyna-Najera Represented By Barry E Borowitz
Movant(s):
Nationstar Mortgage LLC d/b/a Mr. Represented By
Nichole Glowin Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DEUTSCHE BANK NATIONAL TRUST COMPANY
VS DEBTOR
fr. 4-23-19; 6-11-19
Docket 54
None.
Debtor(s):
John Butler Represented By
Kahlil J McAlpin
Movant(s):
Deutsche Bank National Trust Represented By Sean C Ferry Theron S Covey Eric P Enciso
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
NEW HORIZON CONDOMINIUM ASSOCIATION VS
DEBTOR
Stipulation for adequate protection filed 7/29/19
Docket 26
None.
Debtor(s):
Nicholas Lee Tennant Represented By
Hasmik Jasmine Papian
Movant(s):
New Horizon Condominium Represented By Bonni S Mantovani
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Docket 34
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Diana RAZINN Represented By
R Grace Rodriguez
10:00 AM
Joint Debtor(s):
Masaki FUJISHIMA Represented By
R Grace Rodriguez
Movant(s):
U.S. BANK NATIONAL Represented By Andrew Kussmaul Sean C Ferry
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
US BANK TRUST NA VS
DEBTOR
Docket 45
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 7 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Noe M Urias Represented By
James Bryant
10:00 AM
Joint Debtor(s):
Lucila Urias Represented By
James Bryant
Movant(s):
US Bank Trust NA Represented By
Lemuel Bryant Jaquez
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
US BANK TRUST NA VS
DEBTOR
Docket 43
None.
Debtor(s):
Leona E. Williams Represented By Thomas B Ure
Movant(s):
US Bank Trust NA Represented By
Lemuel Bryant Jaquez
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK N.A.
VS
DEBTOR
Docket 34
None.
Debtor(s):
Jose Luis Perez Represented By Michael E Clark Barry E Borowitz
Joint Debtor(s):
Jessie Marie Vaiz Represented By Michael E Clark Barry E Borowitz
Movant(s):
U.S. Bank N.A., as trustee, on behalf Represented By
Daniel K Fujimoto
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
CITIBANK N.A.
VS
DEBTOR
Docket 25
None.
Debtor(s):
Richard Tod Strausman Represented By Brad Weil
Movant(s):
Citibank, N.A., its assignees and/or Represented By
Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
MTGLQ INVESTORS, L.P. VS
DEBTOR
Docket 25
Debtor's case was dismissed on July 11, 2019; however,
because movant has requested in rem relief the court will retain its jurisdiction to hear the matter under 11 U.S.C. § 362.
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post- petition payments. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case
10:00 AM
under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11
U.S.C. § 362(d)(4). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Ruena M. Bombane Represented By William J Smyth
Movant(s):
MTGLQ Investors, L.P. Represented By Daniel K Fujimoto Caren J Castle
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
NISSAN MOTOR ACCEPTANCE CORPORATION VS
DEBTOR
Docket 32
- NONE LISTED -
Debtor(s):
Wendy L. Mathis Represented By Daniela P Romero
Movant(s):
NISSAN MOTOR ACCEPTANCE Represented By
Michael D Vanlochem
Trustee(s):
Timothy Yoo (TR) Pro Se
10:00 AM
AIS CAPITAL INESTMENTS, INC. VS
DEBTOR.
Docket 10
None.
Debtor(s):
Alan Glazer Represented By
Sanaz S Bereliani
Movant(s):
General Sherman R.E. Group, Inc. Represented By
Jason L Weisberg
AIS Capital Investments, Inc. Represented By Jason L Weisberg
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
WELLS FARGO BANK VS
DEBTOR fr 7-2-19
Docket 72
Debtor(s):
Thomas D. Bohlmann Represented By Paul R Shankman
James Andrew Hinds Jr Rachel M Sposato
Movant(s):
Wells Fargo Bank, N.A. Represented By Jennifer C Wong
10:00 AM
WILMINGTON TRUST NATIONAL ASSOCIATION VS
DEBTOR fr 7-16-19
Docket 46
None.
Debtor(s):
Travis Lovell Lindsey Sr. Represented By Todd J Roberts
Movant(s):
Wilmington Trust, National Represented By Sumit Bode Robert P Zahradka Kelly M Raftery
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
AUTURO VEGA VS
DEBTOR FR 7-16-19
Docket 156
A stipulation to continue the matter was filed in this case. The Court will review the stipulation and enter an order approving the stipulation.
Accordingly, this matter is CONTINUED to September 3, 2019 at 10:00 a.m. Appearances waived.
Debtor(s):
Scoobeez Represented By
Ashley M McDow
Movant(s):
Arturo Vega Represented By
Eric K Yaeckel
10:00 AM
DITECH FINANCIAL LLC VS
DEBTOR
fr 6-4-19; 7-16-19
Docket 93
None.
Debtor(s):
Michelle Jacildo Mandel Represented By Steven B Lever
Movant(s):
Ditech Financial LLC Represented By Keena N Newmark Kelsey X Luu
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
11 U.S.C. § 543 by Prepetition Receiver or other Custodian
Docket 8
None.
Debtor(s):
OSB Investment, LLC Represented By Ovsanna Takvoryan
Movant(s):
Ocean Santa Barbara Investments, Represented By
Anthony J Napolitano
Pamela Becker Represented By Anthony J Napolitano
2:00 PM
Adv#: 2:19-01090 Chavois v. PRD, LLC et al
Docket 5
None.
Debtor(s):
Stephanias Chavois Pro Se
Defendant(s):
PRD, LLC Pro Se
DOES 1 to 50, Inclusive Pro Se
Plaintiff(s):
Stephanias Chavois Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:19-01090 Chavois v. PRD, LLC et al
fr 6-4-19; 6-25-19
Docket 1
The summons was issued on April 1, 2019. Plaintiff has failed to file a proof of service indicating that the summons and complaint were served and has not filed a Joint Status Report as required by the Local Rules. Plaintiff is to explain why the adversary proceeding should not be dismissed for lack of prosecution.
Debtor(s):
Stephanias Chavois Pro Se
Defendant(s):
PRD, LLC Pro Se
DOES 1 to 50, Inclusive Pro Se
Plaintiff(s):
Stephanias Chavois Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:19-01063 Cruz Montano v. SLFG SERVICES, LLC, a California Limited Liability
quiet title
cancellation of instruments fr 5-14-19
Docket 1
None.
Debtor(s):
Ricardo Cruz Represented By
Matthew D. Resnik
Defendant(s):
SLFG SERVICES, LLC, a Pro Se
JUAN GONZALEZ Pro Se
DOES 1 through 10, inclusive Pro Se
Plaintiff(s):
Ricardo Cruz Montano Represented By Matthew D. Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:19-01154 Landaverde v. Expressway Deliveries, Inc.
Stipulation to dismiss filed 7/25/19
Docket 1
The court will approve the parties' stipulation to dismiss this adversary proceeding. Appearances waived.
Debtor(s):
Expressway Deliveries, Inc. Represented By
J. Bennett Friedman
Defendant(s):
Expressway Deliveries, Inc. Pro Se
Plaintiff(s):
Oscar Landaverde Represented By Yoonis Han Sam Kim
2:00 PM
Adv#: 2:17-01547 Mastan v. Bondanelli et al
fr 5-21-19; 7-16-19
Docket 1
The Tieni parties have filed an appeal of this court's Order on Trustee's Motion For Approval of Compromise With Carlo Bondanelli, St. Joseph's Investments, Inc. Defined Benefit Pension Plan, Civitas Incorporated, St.
Joseph's Investments, Inc., and Desert Solis, Inc. in the underlying bankruptcy case. The trustee has requested that the matter be stayed pending the outcome of the appeal. The adversary proceeding is stayed. The status conference is continued to December 17, 2019 at 2:00 p.m. The parties are to file a status report 14 days before the status conference advising the court of the status of the appeal. Appearances waived.
Debtor(s):
Carlo Bondanelli Represented By John D Monte Nathan D Meyer Michael J Glenn
Defendant(s):
Carlo Bondanelli Represented By Michael J Glenn
Carlo Bondanelli, as trustee of St. Represented By
Michael J Glenn
St. Joseph's Investments, Inc. Represented By Michael J Glenn
2:00 PM
St. Joseph's Investments, Inc. in its Represented By
Michael J Glenn
Does 1-10, Inclusive Pro Se
Plaintiff(s):
Peter J Mastan Represented By John P Reitman
Aleksandra Zimonjic Jack A Reitman
Trustee(s):
Peter J Mastan (TR) Represented By John P Reitman
Aleksandra Zimonjic Jack A Reitman
2:00 PM
Adv#: 2:17-01549 Mastan v. Desert Solis, Inc., a California corporation et al
fr 5-21-19; 7-16-19
Docket 1
The Tieni parties have filed an appeal of this court's Order on Trustee's Motion For Approval of Compromise With Carlo Bondanelli, St. Joseph's Investments, Inc. Defined Benefit Pension Plan, Civitas Incorporated, St.
Joseph's Investments, Inc., and Desert Solis, Inc. in the underlying bankruptcy case. The trustee has requested that the matter be stayed pending the outcome of the appeal. The adversary proceeding is stayed. The status conference is continued to December 17, 2019 at 2:00 p.m. The parties are to file a status report 14 days before the status conference advising the court of the status of the appeal. Appearances waived.
Debtor(s):
Carlo Bondanelli Represented By John D Monte Nathan D Meyer Michael J Glenn
Defendant(s):
Desert Solis, Inc., a California Represented By Michael J Glenn
DOES 1-10, Inclusive Pro Se
Plaintiff(s):
Peter J Mastan Represented By John P Reitman
2:00 PM
Trustee(s):
Aleksandra Zimonjic Jack A Reitman
Peter J Mastan (TR) Represented By John P Reitman
Aleksandra Zimonjic Jack A Reitman
2:00 PM
Adv#: 2:17-01550 Mastan v. Civitas Incorporated., a California corporation et
fr 5-21-19; 7-16-19
Docket 1
The Tieni parties have filed an appeal of this court's Order on Trustee's Motion For Approval of Compromise With Carlo Bondanelli, St. Joseph's Investments, Inc. Defined Benefit Pension Plan, Civitas Incorporated, St.
Joseph's Investments, Inc., and Desert Solis, Inc. in the underlying bankruptcy case. The trustee has requested that the matter be stayed pending the outcome of the appeal. The adversary proceeding is stayed. The status conference is continued to December 17, 2019 at 2:00 p.m. The parties are to file a status report 14 days before the status conference advising the court of the status of the appeal. Appearances waived.
Debtor(s):
Carlo Bondanelli Represented By John D Monte Nathan D Meyer Michael J Glenn
Defendant(s):
Civitas Incorporated., a California Represented By
Michael J Glenn
St. Joseph's Investments, Inc., a Represented By Michael J Glenn
DOES 1-10, Inclusive Pro Se
2:00 PM
Plaintiff(s):
Peter J Mastan Represented By John P Reitman
Aleksandra Zimonjic Jack A Reitman
Trustee(s):
Peter J Mastan (TR) Represented By John P Reitman
Aleksandra Zimonjic Jack A Reitman
9:00 AM
Debtor to: Maintain bank accounts and cash management system and continue use of its existing business
forums
Docket 2
None.
Debtor(s):
Mad Dogg Athletics, Inc. Represented By David S Kupetz Asa S Hami Cathy Ta
9:00 AM
Docket 3
None.
Debtor(s):
Mad Dogg Athletics, Inc. Represented By David S Kupetz Asa S Hami Cathy Ta
9:00 AM
Pay Pre-petition claims of critical vendors and
Perform under agreements with critical vendors
Docket 4
None.
Debtor(s):
Mad Dogg Athletics, Inc. Represented By David S Kupetz Asa S Hami Cathy Ta
9:00 AM
Docket 5
None.
Debtor(s):
Mad Dogg Athletics, Inc. Represented By David S Kupetz Asa S Hami Cathy Ta
9:00 AM
Limiting Extent of Notice Required for Administrative Matters; and
Authorizing Service by Electronic Mail
Docket 6
None.
Debtor(s):
Mad Dogg Athletics, Inc. Represented By David S Kupetz Asa S Hami Cathy Ta
9:00 AM
Deeming Utility Companies Adequately Assured of Future Performance,
Establishing Procedures for Requests for Additional Assurance, and
Restraining Utility Companies from Discontinuing, Alternating, or Refusing Service
Docket 7
None.
Debtor(s):
Mad Dogg Athletics, Inc. Represented By David S Kupetz Asa S Hami Cathy Ta
9:00 AM
Docket 8
- NONE LISTED -
Debtor(s):
Mad Dogg Athletics, Inc. Represented By David S Kupetz Asa S Hami Cathy Ta
9:00 AM
Docket 9
None.
Debtor(s):
Mad Dogg Athletics, Inc. Represented By David S Kupetz Asa S Hami Cathy Ta
9:00 AM
Docket 10
None.
Debtor(s):
Mad Dogg Athletics, Inc. Represented By David S Kupetz Asa S Hami Cathy Ta
9:00 AM
Authorizing Debtor to Obtain Postpetition Loan Secured by Junior Lien Under 11 U.S.C. Section 364;
Scheduling Final Hearing on Motion; and
Granting Related Relief
Docket 12
None.
Debtor(s):
Mad Dogg Athletics, Inc. Represented By David S Kupetz Asa S Hami Cathy Ta
9:00 AM
Docket 16
None.
Debtor(s):
Mad Dogg Athletics, Inc. Represented By David S Kupetz Asa S Hami Cathy Ta
10:00 AM
Docket 0
- NONE LISTED -
10:00 AM
fr 3-7-19
Docket 12
None.
Debtor(s):
Thomas D. Bohlmann Represented By Paul R Shankman
James Andrew Hinds Jr Rachel M Sposato
1:30 PM
fr 5-8-19
Docket 40
- NONE LISTED -
Debtor(s):
Dionna Gayle McPheeters Represented By Elena Steers
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 5-8-19
Docket 64
- NONE LISTED -
Debtor(s):
Joyce M Chapman-Simpson Represented By Vernon R Yancy
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 4-10-19; 5-29-19
Docket 55
- NONE LISTED -
Debtor(s):
Franklin Hernan Gonzalez Represented By Michael Y Lo
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 3-13-19; 5-8-19
Docket 64
- NONE LISTED -
Debtor(s):
Rafael Torres De La Torre Represented By Matthew D. Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 11-14-18; 2-6-19; 4-10-19; 6-5-19
Docket 41
- NONE LISTED -
Debtor(s):
Henry L Jackson Represented By Thomas B Ure
Joint Debtor(s):
Carolyn L Jackson Represented By Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 5-8-19
Docket 41
- NONE LISTED -
Debtor(s):
Simona Delli Jacobo Represented By Cameron Sanchez
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3-27-19; 5-29-19
Docket 48
- NONE LISTED -
Debtor(s):
Neauman Wayne Morgan Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 6-13-18; 8-22-18; 10-17-18; 12-12-18; 2-6-19; 4-10-19
5-29-19
Docket 59
- NONE LISTED -
Debtor(s):
Louie Jim Pagoulatos Represented By Brad Weil
Joint Debtor(s):
Rosemary Guzman Represented By Brad Weil
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 3-27-19; 5-29-19
Docket 38
- NONE LISTED -
Debtor(s):
Mckay San Represented By
Tina H Trinh
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-14-18; 2-6-19; 3-27-19; 5-29-19; 7-3-19
Docket 44
- NONE LISTED -
Debtor(s):
Joseph Jennings Represented By David L Speckman
Joint Debtor(s):
Monalisa E Jennings Represented By David L Speckman
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 4-24-19; 6-26-19
Docket 50
- NONE LISTED -
Debtor(s):
Juan Manuel Ortega Represented By Peter M Lively
Joint Debtor(s):
Sharollyn Hufana Ortega Represented By Peter M Lively
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3-27-19; 5-29-19
Docket 101
- NONE LISTED -
Debtor(s):
Timothy Joseph Bussio Represented By Joshua L Sternberg
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 4-10-19; 5-29-19
Docket 40
- NONE LISTED -
Debtor(s):
Richard Martin Afanador Represented By Ali R Nader
Joint Debtor(s):
Ja'nice Inez Afanador Represented By Ali R Nader
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-6-19; 4-10-19; 5-29-19
Docket 26
- NONE LISTED -
Debtor(s):
Manuel Alejandro Barrios Represented By
D Justin Harelik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-14-18; 2-6-19; 3-13-19; 3-27-19; 5-29-19
Docket 46
- NONE LISTED -
Debtor(s):
Armando Diaz Represented By Christopher J Langley
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-27-19; 4-24-19; 6-5-19; 7-3-19
Docket 35
- NONE LISTED -
Debtor(s):
Thomas Vicente Tovar Represented By Jacqueline D Serrao
Joint Debtor(s):
Carey Peter Cronin Represented By Jacqueline D Serrao
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 1-30-19; 3-27-19; 5-29-19
Docket 20
- NONE LISTED -
Debtor(s):
Luis Vega Represented By
Heather J Canning
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 4-24-19
Docket 39
- NONE LISTED -
Debtor(s):
Leona E. Williams Represented By Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 5-29-19
Docket 47
- NONE LISTED -
Debtor(s):
DAMON C. SWEATT Represented By Vernon R Yancy
Joint Debtor(s):
JAMIENIQUE T SWEATT Represented By Vernon R Yancy
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 5-29-19
Docket 29
- NONE LISTED -
Debtor(s):
Anna M Black Represented By Lauren Rode
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 5-8-19
Docket 37
- NONE LISTED -
Debtor(s):
Michelle Susan Rogalla Represented By Joshua L Sternberg
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 5-29-19
Docket 44
- NONE LISTED -
Debtor(s):
Felipe Gonzalez Represented By Jaime A Cuevas Jr.
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 60
- NONE LISTED -
Debtor(s):
Rodrigo Mendoza Represented By
Hale Andrew Antico
Joint Debtor(s):
Ana Rosa Mendoza Represented By
Hale Andrew Antico
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 88
- NONE LISTED -
Debtor(s):
Lota Lozleta Hadley Represented By
Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 42
- NONE LISTED -
Debtor(s):
Juan Miguel Villalbazo Represented By Michael E Clark Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 29
- NONE LISTED -
Debtor(s):
Brian Kim Represented By
Jeffrey N Wishman
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 50
- NONE LISTED -
Debtor(s):
Lorena Maccioni Represented By
Rabin J Pournazarian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 59
- NONE LISTED -
Debtor(s):
Anthony Ginnane Represented By Scott Kosner
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 48
- NONE LISTED -
Debtor(s):
Bertha Noemi Gonzalez Represented By Elena Steers
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 29
- NONE LISTED -
Debtor(s):
Juan Villalpando Jr Represented By Arthur H Lampel
Joint Debtor(s):
Norma Villalpando Represented By Arthur H Lampel
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 26
- NONE LISTED -
Debtor(s):
Jennifer Maravilla Mohler Represented By
Hasmik Jasmine Papian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 49
- NONE LISTED -
Debtor(s):
Serj Mesrobian Represented By Scott Kosner
Joint Debtor(s):
Talin Mesrobian Represented By Scott Kosner
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 71
- NONE LISTED -
Debtor(s):
Francis Xavier M. Garcia Represented By
James Geoffrey Beirne
Joint Debtor(s):
Therese Marie Castro Garcia Represented By
James Geoffrey Beirne
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 34
- NONE LISTED -
Debtor(s):
Deborah Plummer Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 36
- NONE LISTED -
Debtor(s):
Bertha Alicia Camberos Represented By
Rabin J Pournazarian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 20
- NONE LISTED -
Debtor(s):
Jose J Torres Represented By
Lauren Rode
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 43
- NONE LISTED -
Debtor(s):
Nicole Denise Lucien Represented By Kevin T Simon
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 25
- NONE LISTED -
Debtor(s):
Tammy Marie Sprague Represented By Heather J Canning
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 49
Debtor(s):
Mario Arellano Represented By Rebecca Tomilowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-27-19; 4-24-19; 5-8-19
Docket 43
Debtor(s):
Mario Arellano Represented By Rebecca Tomilowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 56
- NONE LISTED -
Debtor(s):
Alma Lileana Polanco Represented By Michael E Clark Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 3-13-19
fr 5-8-19
Docket 52
- NONE LISTED -
Debtor(s):
Alma Lileana Polanco Represented By Michael E Clark Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
for Allowance of Fees and Expenses Following Dismissal or Conversion of Chapter 13 Case Subject to a Rights and Responsibilities Agreement
fr 7-3-19
Docket 22
No opposition was filed.
The court has reviewed the Application for Payment of Fees of Resnik Hayes Moradi LLP. The court GRANTS the Application and awards
$5,000.00 in fees pursuant to the RARA. After deducting $1,000 previously paid to counsel, the Applicant may receive payment of $4,000 [the unpaid balance of which is to be paid from the estate of the debtor as funds permit]. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1).
Appearances waived.
Debtor(s):
Debtor’s counsel is to lodge an appropriate order.
Leticia Gonzalez Represented By Matthew D Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
for Allowance of Fees and Expenses Following Dismissal or Conversion of Chapter 13 Case Subject to a Rights and Responsibilities Agreement
fr 6-26-19
Docket 24
No opposition was filed.
The court has reviewed the Application for Payment of Fees of Resnik Hayes Moradi LLP. The court GRANTS the Application and awards
$5,000.00 in fees pursuant to the RARA. After deducting $1,500 previously paid to counsel, the Applicant may receive payment of $3,500 [the unpaid balance of which is to be paid from the estate of the debtor as funds permit]. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1).
Appearances waived.
Debtor(s):
Debtor’s counsel is to lodge an appropriate order.
Leslie Eugene Patton Represented By Matthew D Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 7-3-19
Docket 38
No opposition was filed.
The court has reviewed the Application for Payment of Fees of Resnik Hayes Moradi LLP. The court GRANTS the Application and awards
$5,000.00 in fees pursuant to the RARA [the unpaid balance of which is to be paid from the estate of the debtor as funds permit]. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Debtor’s counsel is to lodge an appropriate order.
Debtor(s):
Pete Gomez Represented By
Matthew D Resnik
Joint Debtor(s):
Anna Maria Gomez Represented By Matthew D Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 6-26-19
Docket 33
No opposition was filed.
The court has reviewed the Application for Payment of Fees of Resnik Hayes Moradi LLP. The court GRANTS the Application and awards
$5,000.00 in fees pursuant to the RARA. After deducting $300 previously paid to counsel, the Applicant may receive payment of $3,700 [the unpaid balance of which is to be paid from the estate of the debtor as funds permit]. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1).
Appearances waived.
Debtor(s):
Debtor’s counsel is to lodge an appropriate order.
Alexandra Marsela Arvizo Represented By Matthew D Resnik
Trustee(s):
John P Pringle (TR) Pro Se
1:30 PM
Docket 15
The order to show cause is discharged. The debtor paid the final intallment payment on July 19, 2019. Appearances waived.
Debtor(s):
Joshua James Stish Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 36
None.
Debtor(s):
Lee Edmond Jr. Represented By Alon Darvish
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 33
No opposition was filed.
On July 16, 2019, secured creditor, Lakeview Loan Servicing, LLC, filed an amended response to the debtor's notice of final cure payment asserting that all of the debtor's payment and escrow obligation are current. As a result, the Court finds that the debtor's mortgage obligation deficiencies have been cured and the account is current.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Gerald Scott Johnson Represented By Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 97
No opposition was filed.
The motion is GRANTED. The debtor has failed to pay in excess of
$296,646.34 in post-confirmation employment tax obligations as they have come due. This is cause for dismissal under 11 U.S.C. § 1307(c).
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Greer Yvonne Davis Represented By
Rabin J Pournazarian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Telephonic Hearing
Dhruv Sharma to appear by telephone Andy Warsaw to appear by telephone
Docket 141
No opposition was filed.
The motion is GRANTED. The Debtor shall lodge an AMENDED order providing for the avoidance of the junior liens of Platinum Capital Group and Deutsche Bank National Trust Company, solely as Trustee for Greenpoint Mortgage Funding Trust 2005-HE4 including the recording information for the deeds of trust and assignments thereof. Appearances waived.
Debtor(s):
Julie Carroll Dwyer Represented By Andy C Warshaw
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Telephonic Hearing
David B. Lally to appear by telephone
Docket 35
None.
Debtor(s):
Lorranie Melissande Sheldon Represented By
D Justin Harelik David Brian Lally
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 5-29-19
Docket 29
- NONE LISTED -
Debtor(s):
Lorranie Melissande Sheldon Represented By
D Justin Harelik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 73
None.
Debtor(s):
Joe Hernandez Ledesma Represented By Christopher J Langley
Joint Debtor(s):
Maria G Cortez De Ledesma Represented By Marlin Branstetter
Christopher J Langley
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 76
No opposition was filed.
The debtors' objection to proof of claim ("Claim No. 2") filed with the court’s Claims Register by Cavalry SPV I, LLC is SUSTAINED. The failure of the creditor to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(h) is considered as consent to the sustaining of the objection. LBR 9013-1(h). Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir.
1995). Further, the debtor has established a prima facie case for granting the relief requested. Appearances waived.
The objection is sustained. The court disallows Claim No. 2 as the four-year statute of limitations has expired on the account under California Code of Civil Procedure 337. The objecting party shall submit an appropriate order granting the relief requested pursuant to this tentative ruling.
Debtor(s):
Joe Hernandez Ledesma Represented By Christopher J Langley
Joint Debtor(s):
Maria G Cortez De Ledesma Represented By Marlin Branstetter
Christopher J Langley
Movant(s):
Joe Hernandez Ledesma Represented By Christopher J Langley
1:30 PM
Maria G Cortez De Ledesma Represented By Marlin Branstetter Marlin Branstetter
Christopher J Langley Christopher J Langley
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 77
No opposition was filed.
The debtors' objection to proof of claim ("Claim No. 4") filed with the court’s Claims Register by LVNV Funding, LLC is SUSTAINED. The failure of the creditor to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(h) is considered as consent to the sustaining of the objection. LBR 9013-1(h). Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir.
1995). Further, the debtor has established a prima facie case for granting the relief requested. Appearances waived.
The objection is sustained. The court disallows Claim No. 4 as the four-year statute of limitations has expired on the account under California Code of Civil Procedure 337. The objecting party shall submit an appropriate order granting the relief requested pursuant to this tentative ruling.
Debtor(s):
Joe Hernandez Ledesma Represented By Christopher J Langley
Joint Debtor(s):
Maria G Cortez De Ledesma Represented By Marlin Branstetter
Christopher J Langley
Movant(s):
Joe Hernandez Ledesma Represented By Christopher J Langley
1:30 PM
Maria G Cortez De Ledesma Represented By Marlin Branstetter Marlin Branstetter
Christopher J Langley Christopher J Langley
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 78
No opposition was filed.
The debtors' objection to proof of claim ("Claim No. 5") filed with the court’s Claims Register by Cach, LLC is SUSTAINED. The failure of the creditor to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(h) is considered as consent to the sustaining of the objection. LBR 9013-1(h). Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir.
1995). Further, the debtor has established a prima facie case for granting the relief requested. Appearances waived.
The objection is sustained. The court disallows Claim No. 5 as the four-year statute of limitations has expired on the account under California Code of Civil Procedure 337. The objecting party shall submit an appropriate order granting the relief requested pursuant to this tentative ruling.
Debtor(s):
Joe Hernandez Ledesma Represented By Christopher J Langley
Joint Debtor(s):
Maria G Cortez De Ledesma Represented By Marlin Branstetter
Christopher J Langley
Movant(s):
Joe Hernandez Ledesma Represented By Christopher J Langley
1:30 PM
Maria G Cortez De Ledesma Represented By Marlin Branstetter Marlin Branstetter
Christopher J Langley Christopher J Langley
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 36
The objection is Sustained. The basis for the debtor’s objection to Quantum3 Group, LLC ("Quantum") Claim #11 is that Quantum has not estabilshed that it is the holder of the claim. Quantum has not provided evidence of the assignment of the claim from the original creditor Comenity.
Here, the debtor gave Quantum proper notice of the hearing and Qauntum failed to respond with sufficient proof of its interest in the claim against the debtor. As such, Qauntum has failed to meet its burden and the objection is propertly sustained.
Debtor(s):
The debtor shall submit an appropriate order.
Fariba Edwards Represented By Sundee M Teeple Craig K Streed
Movant(s):
Fariba Edwards Represented By Sundee M Teeple Craig K Streed
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 22
No opposition was filed.
This objection to the proof of claim of Navient PC Trust ("Claim No. 8") has been set for hearing on at least 30 days notice to the claimant as required by FRBP 3007 and LBR 3007-1. The failure of the claimant to file written opposition at least 14 days prior to the hearing as required by LBR 3007-1(b)(6) is considered as consent to the sustaining of the objection. See LBR 9013-1(h). Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
The court is granting the relief requested to disallow Claim No. 8. The claimant's default is entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). Appearances waived.
The objection is sustained. The court disallows Claim No. 8 as it was not timely filed. Claim No. 8 was filed on March 15, 2019, after the deadline of March 7, 2019 for filing claims in this case. The objecting party shall submit an appropriate order granting the relief requested pursuant to this tentative ruling.
Debtor(s):
Jacquelyne Lenore Hardaway Represented By Steven L Bryson
Movant(s):
Jacquelyne Lenore Hardaway Represented By Steven L Bryson
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
1:30 PM
Telephonic Hearing
Eliza Ghanooni to appear by telephone
Docket 29
None.
Debtor(s):
Carlos R. Castillo Represented By Eliza Ghanooni
Joint Debtor(s):
Maria P. Castillo Represented By Eliza Ghanooni
Movant(s):
Carlos R. Castillo Represented By Eliza Ghanooni Eliza Ghanooni
Maria P. Castillo Represented By Eliza Ghanooni
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 28
No opposition was filed.
This objection to the proof of claim of Twenty-One-Eighty five, LLC ("Claim No. 3") has been set for hearing on at least 30 days notice to the claimant as required by FRBP 3007 and LBR 3007-1. The failure of the claimant to file written opposition at least 14 days prior to the hearing as required by LBR 3007-1(b)(6) is considered as consent to the sustaining of the objection. See LBR 9013-1(h). Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
The court is granting the relief requested to disallow Claim No. 3. The claimant's default is entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). Appearances waived.
The objection is sustained. The court disallows Claim No. 3 as it was fully satisfied by a non-debtor third party. The objecting party shall submit an appropriate order granting the relief requested pursuant to this tentative ruling.
Debtor(s):
Carlos R. Castillo Represented By Eliza Ghanooni
Joint Debtor(s):
Maria P. Castillo Represented By Eliza Ghanooni
Movant(s):
Carlos R. Castillo Represented By
1:30 PM
Eliza Ghanooni Eliza Ghanooni
Maria P. Castillo Represented By Eliza Ghanooni
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
(Claim Number 8 was amended)
Docket 41
- NONE LISTED -
Debtor(s):
Debbie V. Hughes-Lopez Represented By Steven B Lever
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 19
The valuation motion is DENIED without prejudice.
Debtors seek to value debtors' PERSONAL PROPERTY, a 2013 Ford Escape, at a fair market value of $4,050. The subject property is secured by an interest held by Bridgecrest, securing a loan with a balance as of the petition date of approximately $15,372.00. Debtor has not established a prima facie case for the granting of the relief requested in the motion.
Debtor must use the retail value of the car, and submit a Kelley Blue Book/N.A.D.A. Guide retail value or other such evidence of valuation. Courts have employed a variety of vehicle valuation methods under § 506(a)(2), and presently the Ninth Circuit has not established a uniform method. See In re Ayres, 2010 WL 652825 at *5 (Bankr. N.D. Cal.) (collecting cases detailing vehicle valuation and describing the state of the law in the Ninth Circuit).
However, in In re Morales, the United States Bankruptcy Court for the Central District of California determined that retail value should be calculated "by adjusting the Kelley Blue Book or N.A.D.A. Guide retail value for a like vehicle by a reasonable amount in light of the evidence presented regarding the condition of the vehicle or any other relevant factors." In re Morales, 387 B.R. 36, 45 (Bankr. C.D. Cal. 2008). Appearances waived.
Pursuant to LBR 9021-1(b)(1)(B), debtors must lodge a proposed order via LOU within 7 days of the hearing.
Debtor(s):
Jennifer Marelene Gutierrez Represented By Devin Sawdayi
1:30 PM
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 41
The motion is DENIED. Debtor has not established a prima facie case for the granting of the relief requested in the motion. Debtor seeks to value the debtor’s residence at $ 491,167.00, but debtor has not offered admissible evidence in support of this value. To the extent that debtors' opinion of value is based on a broker's price opinion, debtors' testimony is hearsay. A broker's price opinion may not be used to establish the value of the property. Please refer to the court website for Judge Brand's Guidelines for Valuing and Avoiding Liens in Chapter 13 Cases regarding admissible evidence. Property value is not an adjudicative fact within the scope of FRE 201. A debtor’s opinion of value as a lay witness under FRE 701 must be supported by facts establishing that the debtor’s opinion of value is rationally based on the debtor’s perception as the owner of the subject property. See generally, B. Russell, 2 Bankr. Evid. Man. § 701:2, at 717-18 (2009-2010 Ed.).
Debtor must lodge an appropriate order via the court's LOU system.
Debtor(s):
Domitila Garcia Represented By William G Cort
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 43
The motion is DENIED. Debtor has not established a prima facie case for the granting of the relief requested in the motion. Debtor seeks to value the debtor’s residence at $ 491,167.00, but debtor has not offered admissible evidence in support of this value. To the extent that debtors' opinion of value is based on a broker's price opinion, debtors' testimony is hearsay. A broker's price opinion may not be used to establish the value of the property. Please refer to the court website for Judge Brand's Guidelines for Valuing and Avoiding Liens in Chapter 13 Cases regarding admissible evidence. Property value is not an adjudicative fact within the scope of FRE 201. A debtor’s opinion of value as a lay witness under FRE 701 must be supported by facts establishing that the debtor’s opinion of value is rationally based on the debtor’s perception as the owner of the subject property. See generally, B. Russell, 2 Bankr. Evid. Man. § 701:2, at 717-18 (2009-2010 Ed.).
Debtor(s):
Debtor must lodge an appropriate order via the court's LOU system.
Domitila Garcia Represented By William G Cort
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Telephonic Hearing
fr. 2-6-19 ;3-27-19; 4-24-19; 6-26-19
Caroline S. Kim to appear by telephone Renee M Parker to appear by telephone
Docket 15
None.
Debtor(s):
Elvira Garcia Lobusta Represented By Caroline S Kim
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 4-24-19; 6-26-19
Docket 20
None.
Debtor(s):
Shaikhalyn Lobusta Ceralde Represented By Caroline S Kim
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Parcel No #3053-024-058, vacant land
fr 3-13-19; 6-5-19; 6-26-19
Docket 32
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Parcel #3053-024-058, vacant land
fr 3-13-19; 6-5-19; 6-26-19
Stip of the parties filed 7-17-19
Docket 33
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Parcel #3053-024-059, vacant land
fr 3-13-19; 6-5-19; 6-26-19
Docket 34
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Parcel #3053-024-059, vacant land
fr 3-13-19; 6-5-19; 6-26-19
Stip of the parties filed 7-17-19
Docket 35
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Parcel #3053-024-060, vacant land
fr 3-13-19; 6-5-19; 6-26-19
Docket 36
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Parcel #3053-024-060, vacant land
fr 3-13-19; 6-5-19; 6-26-19
Stip of the parties filed 7-17-19
Docket 37
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Property 2250 Old Nadeau Road, Palmdale
fr 3-13-19; 6-5-19; 6-26-19
Docket 44
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Movant(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber
Raymonda Jean Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
2250 Old Nadeau Road, Palmdale
fr 3-13-19; 6-5-19; 6-26-19
Stip of the parties filed 7-17-19
Docket 45
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Movant(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber
Raymonda Jean Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber
1:30 PM
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
2264 Old Nadeau Road, Palmdale
fr 3-13-19; 6-5-19; 6-26-19
Docket 46
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Movant(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber
Raymonda Jean Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
2264 Old Nadeau Road, Palmdale
fr 3-13-19; 6-5-19; 6-26-19
Stip of the parties filed 7-17-19
Docket 47
None.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Movant(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber
Raymonda Jean Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber
1:30 PM
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Parcel No #3053-024-038 - vacant land
fr 3-13-19; 6-5-19; 6-26-19
Docket 48
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Movant(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber
Raymonda Jean Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber
1:30 PM
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Parcel No #3053-024-038 - vacant land
fr 3-13-19; 6-5-19; 6-26-19
Stip of the parties filed 7-17-19
Docket 49
None.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Movant(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber
Raymonda Jean Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber
1:30 PM
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
fr. 4-25-19; 6-6-19
Docket 53
None.
Debtor(s):
Carla Langley Represented By Kevin Tang
10:00 AM
fr 6-6-19
Docket 68
None.
Debtor(s):
Carla Langley Represented By Kevin Tang
Movant(s):
Carla Langley Represented By Kevin Tang
10:00 AM
Docket 181
No opposition having been filed, and good cause appearing, the motion is GRANTED. The debtor's bankruptcy case shall be reopened to allow the further administration of the case. Debtor shall upload an appropriate order via the court's LOU system. Appearances are waived.
Debtor(s):
Chol H Sin Represented By
Jerome S Cohen Steven B Lever
10:00 AM
Docket 138
None.
Debtor(s):
Luis Carlos Flores Represented By Onyinye N Anyama
Joint Debtor(s):
Teresa Flores Represented By
Onyinye N Anyama
10:00 AM
fr. 5-16-19; 6-27-19
Docket 143
None.
Debtor(s):
Ameriquest Security Service Represented By Michael Jay Berger
10:00 AM
fr. 7-11-19
Docket 41
None.
Debtor(s):
Joyce Barlow Represented By
Giovanni Orantes Luis A Solorzano
Movant(s):
Joyce Barlow Represented By
Giovanni Orantes Giovanni Orantes Giovanni Orantes Luis A Solorzano Luis A Solorzano Luis A Solorzano
10:00 AM
fr 5-30-19, 7-11-19
Docket 12
None.
Debtor(s):
Joyce Barlow Represented By
Giovanni Orantes Luis A Solorzano
10:00 AM
Docket 35
No opposition was filed.
This objection to the proof of claim of Shawna Wright ("Claim No. 9") has been set for hearing on at least 30 days notice to the claimant as required by FRBP 3007 and LBR 3007-1. The failure of the claimant to file written opposition at least 14 days prior to the hearing as required by LBR 3007-1(b)(6) is considered as consent to the sustaining of the objection. See LBR 9013-1(h). Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
A proof of claim filed in accordance with the Federal Rules of Bankruptcy Procedure constitutes prima facie evidence of the validity and the amount of the claim, and such claim is deemed allowed unless a party in interest objects. Rule 3001(f); 11 U.S.C. § 502(a) (2012). Upon objection, a proof of claim provides "some evidence as to its validity and amount" and is "strong enough to carry over a mere formal objection without more." See Lundell v. Anchor Constr. Spec., Inc., 223 F.3d 1035, 1039 (9th Cir. 2000)
(citing In re Holm, 931 F.2d 620, 623 (9th Cir. 1991)).
An objecting party bears the burden of presenting evidence that is sufficient to overcome the presumptive validity of the claim and must "show facts tending to defeat the claim by probative force equal to that of the allegations of the proofs of claim themselves." Holm, 931 F.2d at 623. When the objector has shown enough evidence to negate one or more facts in the proof of claim, the burden shifts back to the claimant to prove the validity of the claim by a preponderance of the evidence. See Lundell, 223 F.3d at 1039 (quoting In re Consol. Pioneer Mort., 178 B.R. 222, 226 (9th Cir. BAP 1995)) (emphasis added).
Here, the debtor shifted the burden to produce evidence in support of
10:00 AM
Claim No. 9 to the creditor. The creditor has failed to meet its burden. As a result, the objection is sustained. The court disallows Claim No. 9 as there are no supporting documents to evidence that a debt is owed. Appearances waived.
The objecting party shall submit an appropriate order granting the relief requested pursuant to this tentative ruling.
Debtor(s):
Mohdsameer Y Aljanedi Represented By Andy C Warshaw
Movant(s):
Mohdsameer Y Aljanedi Represented By Andy C Warshaw Andy C Warshaw
10:00 AM
Docket 29
None.
Debtor(s):
Mohdsameer Y Aljanedi Represented By Andy C Warshaw
10:00 AM
Deadline to File Plan and Disclosure Statement for Cause
Docket 82
None.
Debtor(s):
Thomas D. Bohlmann Represented By Paul R Shankman
James Andrew Hinds Jr Rachel M Sposato
10:00 AM
Docket 87
No opposition was filed.
The court has reviewed the Application for Payment of Fees of SLBiggs. The court GRANTS the Application and awards $14,425.00 in fees and $114.14 in costs, less the retainer of $7,000.00, for a total of $7,539.14, the unpaid balance of which is to be paid by the debtor. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Debtor(s):
Debtor’s counsel is to lodge an appropriate order.
Thomas D. Bohlmann Represented By Paul R Shankman
James Andrew Hinds Jr Rachel M Sposato
10:00 AM
Docket 100
None.
Debtor(s):
Thomas D. Bohlmann Represented By Paul R Shankman
James Andrew Hinds Jr Rachel M Sposato
10:00 AM
Docket 102
None.
Debtor(s):
Thomas D. Bohlmann Represented By Paul R Shankman
James Andrew Hinds Jr Rachel M Sposato
10:00 AM
fr 3-7-19; 7-31-19
Docket 12
None.
Debtor(s):
Thomas D. Bohlmann Represented By Paul R Shankman
James Andrew Hinds Jr Rachel M Sposato
10:00 AM
Docket 740
This matter is continued to August 22, 2019 at 10:00 a.m.
Appearances waived.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
10:00 AM
fr 3-19-19; 6-6-19; 6-27-19
Docket 292
None.
Debtor(s):
PH DIP, Inc Represented By
Robert P Goe Stephen Reider
Movant(s):
PH DIP, Inc Represented By
Robert P Goe Stephen Reider
10:00 AM
of Liens, Claims, Interests And Encumbrances
[3548 1/2 N Multiview Dr., Los Angeles, CA 90068]
Docket 124
None.
Debtor(s):
Crescent Associates, LLC. Represented By Robert M Yaspan
10:00 AM
a Claim Reserve, and Granting Related Relief 11 U.S.C. §§ 105(a) and 502(c)]
fr 7-11-19
Docket 111
None.
Debtor(s):
Crescent Associates, LLC. Represented By Robert M Yaspan
10:00 AM
(Shoushana Ohanessian)
Affects:
All Debtors
Jointly Administered with:
Scoobeez Global, Inc. 2:19-bk-14991 WB Scoobur LLC 2:19-bk-14997 WB
Stipulation resolving objection filed 7/29/19
Docket 0
This matter has been resolved by stipulation. The court will enter an order approving the stipulation. Appearances waived.
Debtor(s):
Scoobeez Represented By
Ashley M McDow Shane J Moses
10:00 AM
Affects:
All Debtors
Jointly Administered with:
Scoobeez Global, Inc. 2:19-bk-14991 WB Scoobur LLC 2:19-bk-14997 WB
Docket 1
None.
Debtor(s):
Scoobeez Represented By
Ashley M McDow
2:00 PM
Jason M Rund
Docket 67
Final Ruling. This fee application has been set for hearing on the notice required by LBR 9013-1(d)(2) and other applicable rules. The failure of the debtor and parties in interest to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(f) is considered as consent to the granting of the motion. LBR 9013-1(h). CF. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). No appearance is allowed.
Jason M. Rund. Jason M Rund ("Trustee") has filed a Final Report and Application for Compensation and reimbursement of expenses pursuant to 11 U.S.C. §§ 326 & 330. Trustee has itemized $2,727.70 in fees and
$708.01 in expenses, for a total of $3,435.71. No creditor or other party in interest, including the United States trustee, has filed an objection to the application.
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee’s services, payable after the trustee renders such services, not to exceed 25% of the first $5,000 or less, 10% on any amounts in excess of $5,000 but not in excess of
$50,000, 5% on any amount in excess of $50,000 but not in excess of
$1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including
2:00 PM
holders of secured claims. 11 U.S.C. § 326(a).
In this case, the total money disbursed or turned over in the case by the Trustee to parties in interest, excluding the debtor, is $19,776.95. There being no extraordinary circumstances present in this case, the trustee’s requested compensation is presumed reasonable since it is sought at the statutory rate. In re Salgado-Nava, 473 B.R. 911 (9th Cir. BAP 2012).
The court finds that the Trustee’s requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is APPROVED.
Hahn Fife & Company LLP: The court has reviewed the Application of Hahn Fife & Company LLPfor the Allowance of Fees and Reimbursement of Expenses. The court GRANTS the Application and awards $4,200 in fees and $404.00 in expenses, for a total of $4,604.00. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Trustee is to lodge an appropriate order.
Debtor(s):
TBE TOUR CONSULTANT CORP. Represented By
Michael Y Lo
Trustee(s):
Jason M Rund (TR) Represented By Angie S Lee Joshua P Friedman
10:00 AM
NATIONSTAR MORTGAGE LLC VS
DEBTOR
Docket 47
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Brenda Rodriguez Represented By Silvia Bombalier
Movant(s):
10:00 AM
Nationstar Mortgage LLC D/B/A Represented By
Angie M Marth Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Caren J. Castle to appear by telephone
Docket 25
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Jose Guadalupe Aguilar Represented By Joshua L Sternberg
Movant(s):
U.S. Bank National Association, as Represented By
Daniel K Fujimoto Caren J Castle
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
BANK OF NEW YORK MELLON TRUST COMPANY
VS DEBTOR
Docket 32
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering real property. The debtor has failed to pay any post-petition payments. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11
U.S.C. § 362(d)(4). All other relief is denied.
10:00 AM
The movant shall upload an appropriate order via the Court’s LOU
system.
Debtor(s):
Jorge Hernandez Pro Se
Movant(s):
Bank of New York Mellon Trust Represented By
Nathan F Smith
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
ACM PS ALAMOSA LLC VS
DEBTOR
Docket 18
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering real property. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11
U.S.C. § 362(d)(4). All other relief is denied.
10:00 AM
The movant shall upload an appropriate order via the Court’s LOU
system.
Debtor(s):
Joshua James Stish Pro Se
Movant(s):
ACM PS Alamosa LLC Represented By Martin W. Phillips
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
U.S. BABK NATIONAL ASSOCIATION VS
DEBTOR
Diane V. Weifenbach to appear by telephone
Docket 54
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Sergio Burchfield Represented By Tom A Moore
Movant(s):
U.S. Bank National Association as Represented By
Ashish R Rawat Diane Weifenbach
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
PALMER/CITY CENTER II LP VS
DEBTOR
Docket 33
Debtor's case was dismissed on July 25, 2019; however, because movant has requested retroactive annulment the court will retain its jurisdiction to hear the matter under 11 U.S.C. § 362.
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d) (2). The stay is terminated as to the debtor and the debtor’s bankruptcy estate with respect to the movant, its successors, transferees and assigns. Movant may enforce its remedies to obtain possession of the property in accordance with applicable law, but may not pursue a deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Appearances waived.
Movant completed a nonjudicial foreclosure sale on the real property formerly owned by, and still occupied by, the debtor. Under California law, once a nonjudicial foreclosure sale has occurred, the trustor has no right of redemption. Moeller v. Lien, 25 Cal. App. 4th 822, 831 (1994). In this case, the debtor has no right to ignore the foreclosure and attempt to reorganize the debt.
Movant served the debtor with a three-day notice to quit the premises on April 25, 2019. When the debtor failed to vacate the premises, an unlawful detainer action was filed and served on May 2, 2019. A judgment was entered on June 17, 2019. Debtor filed the bankruptcy petition on May 7, 2019 in an apparent effort to stay enforcement of the unlawful detainer action.
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This motion has been filed to proceed with the unlawful detainer action. This action must go forward because the debtor’s right to possess the premises must be determined.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay is annulled retroactive to the petition date, so that enforcement actions taken by movant, if any, before receipt of notice of the automatic stay will not be deemed to have been voided by the automatic stay. See Nat’l Envtl. Waste Corp. v. City of Riverside (In re Nat’l Envtl. Waste Corp.), 129 F.3d 1052, 1055 (9th Cir. 1997). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Marc Jason Richter Pro Se
Movant(s):
Palmer/City Center II, LP Represented By Agop G Arakelian
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
HONDA LEASE TRUST VS
DEBTOR
Docket 8
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is the lessor of debtor's Honda Accord. The debtor has failed to pay 2 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1) and (d)(2). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Giselle Guadalupe Gonzalez Represented By Leonard Pena
10:00 AM
Movant(s):
HONDA LEASE TRUST Represented By Vincent V Frounjian
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:00 AM
Docket 14
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on July 11, 2019. This motion was filed on July 11, 2019, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition.
The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to the creditors listed on pages 1-3 of the notice at Docket No. 16 Pursuant to the evidence presented, the Court GRANTS the relief
10:00 AM
requested in the motion based upon an apparent change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Juan Manuel Morales Jr. Represented By Erika Luna
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
§§ 1121(e)(3) and 1129 (e) to confirm plan
Janis G. Abrams to appear by telephone
Docket 165
None.
Debtor(s):
Stanley Swain's, Inc. Represented By Steven R Fox Janis G Abrams
Movant(s):
Stanley Swain's, Inc. Represented By Steven R Fox Steven R Fox Steven R Fox Steven R Fox Steven R Fox Steven R Fox Janis G Abrams Janis G Abrams Janis G Abrams Janis G Abrams Janis G Abrams Janis G Abrams
10:00 AM
2:00 PM
Adv#: 2:18-01341 Avery v. Posada et al
Luis Posada Arcdio Posada fr 2-26-19
Docket 6
This matter is CONTINUED to October 8, 2019 at 2:00 p.m.
Appearances waived.
Debtor(s):
Luis Posada Represented By
Raymond Perez
Defendant(s):
Luis Posada Pro Se
Evangelina Posada Pro Se
ARCADIO POSADA Represented By
Vanessa M Haberbush
Anita Posada Represented By
Vanessa M Haberbush
Plaintiff(s):
Wesley H. Avery Represented By Gennady L Lebedev
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
2:00 PM
Adv#: 2:18-01341 Avery v. Posada et al
fr. 5-21-19
Docket 1
This matter is CONTINUED to October 8, 2019 at 2:00 p.m.
Appearances waived.
Debtor(s):
Luis Posada Represented By
Raymond Perez
Defendant(s):
Luis Posada Pro Se
Evangelina Posada Pro Se
ARCADIO POSADA Pro Se
Anita Posada Pro Se
Plaintiff(s):
Wesley H. Avery Represented By Gennady L Lebedev
Trustee(s):
Wesley H Avery (TR) Pro Se
10:00 AM
LAFLOWER STREET APARTMENTS LP VS
DEBTOR
Docket 8
On July 29, 2019, the Court entered an order dismissing the debtor's bankruptcy case. Movant has not sought in rem relief. As a result, the Court does not retain jurisdiction to hear this matter. The hearing on this motion is now OFF CALENDAR. Appearances waived.
Debtor(s):
David Turner Pro Se
Movant(s):
LA Flower Street Apartments, LP Represented By
Agop G Arakelian
Trustee(s):
Nancy K Curry (TR) Pro Se
2:19-12890 | Isaac Vizcarra | Chapter 13 |
#2.00 | Motion for relief from stay [PP] | |
FINANCIAL SERVICES VEHICLE TRUST VS DEBTOR | ||
fr. 6-4-19; 7-16-19 |
10:00 AM
Docket 15
None.
Debtor(s):
Isaac Vizcarra Represented By Jaime A Cuevas Jr.
Movant(s):
Financial Services Vehicle Trust Represented By
Cheryl A Skigin
Trustee(s):
Nancy K Curry (TR) Pro Se
CAB WEST LLC VS
DEBTOR
Docket 28
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to
10:00 AM
satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is the lessor debtor's 2017 Lincoln MKC. On July, 1 2018, the debtor rejected the lease and surrendered the vehicle to movant. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d).
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Timothy Joseph Monaghan Represented By David P Farrell
Movant(s):
Cab West LLC Represented By Jennifer H Wang
Trustee(s):
Nancy K Curry (TR) Pro Se
2:18-16778 | Lisa Jordan | Chapter 13 |
#4.00 | Motion for relief from stay [PP] | |
PUBLIC STORAGE VS DEBTOR | ||
Docket | 51 |
10:00 AM
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is the lessor of debtor's storage space. The debtor has failed to pay 16 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1) and (d)(2). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Lisa Jordan Represented By
Sanaz S Bereliani
Movant(s):
Public Storage Represented By Lovee D Sarenas
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
fr 5-14-19; 6-25-19
Docket 43
Debtor(s):
Hermila Flores Rueda Represented By Michael E Clark Barry E Borowitz
Movant(s):
U.S. BANK NATIONAL Represented By Sean C Ferry
Trustee(s):
Nancy K Curry (TR) Pro Se
2:18-15629 | Samuel Ernesto Mendoza | Chapter 13 |
#6.00 | Motion for relief from stay [RP] | |
LAKEVIEW LOAN SERVICING VS DEBTOR | ||
Docket 27 |
10:00 AM
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 5 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Samuel Ernesto Mendoza Represented By Julie J Villalobos
Movant(s):
Lakeview Loan Servicing, LLC Represented By Cassandra J Richey
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM | ||
CONT... | Billy Alvares | Chapter 13 |
#7.00 | Motion for relief from stay [RP] | |
CITIMORTGAGE, INC. VS DEBTOR | ||
Docket | 46 | |
None.
Debtor(s):
Billy Alvares Represented By
Robert T Chen
Movant(s):
CitiMortgage, Inc. Represented By Cassandra J Richey
Trustee(s):
Nancy K Curry (TR) Pro Se
NATIONSTAR MORTGAGE LLC VS
DEBTOR
Docket 42
None.
10:00 AM
Debtor(s):
MATTHEW JOHN RASDEL Represented By
Raj T Wadhwani
Movant(s):
Nationstar Mortgage LLC d/b/a Mr. Represented By
Kelsey X Luu
Trustee(s):
Nancy K Curry (TR) Pro Se
DEUTSCHE BANK NATIONAL TRUST COMPANY VS
DEBTOR
Docket 27
None.
Debtor(s):
Joseph Hernandez Represented By Julie J Villalobos
Joint Debtor(s):
Roberta Hernandez Represented By Julie J Villalobos
10:00 AM
Movant(s):
Deutsche Bank National Trust Represented By
Erica T Loftis Pacheco
Trustee(s):
Nancy K Curry (TR) Pro Se
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Docket 22
None.
Debtor(s):
Rosalina Rachels Represented By Michael Jay Berger
Movant(s):
U.S. Bank, National Association as Represented By
Diane Weifenbach
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
SANTANDER CONSUMER USA, INC VS
DEBTOR
Docket 38
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is the loss payee on debtors' insurance policy for their 2008 Dodge Caliber. On June, 4 2019, the debtors totaled the vehicle. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1) to allow movant to collect insurance proceedings. Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Curt B Hand Represented By
Nancy Korompis
Joint Debtor(s):
Rebecca L. Hand Represented By Nancy Korompis
10:00 AM
Movant(s):
Santander Consumer USA Inc. Represented By Jennifer H Wang
Trustee(s):
Nancy K Curry (TR) Pro Se
Docket 12
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
10:00 AM
In this case, debtor filed the voluntary chapter 13 petition on July 19, 2019. This motion was filed on July 23, 2019, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition.
The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to the creditors listed on page 30-32 of the motion at Docket. No. 12. Pursuant to the evidence presented, the Court GRANTS the relief requested in the motion based upon an apparent change in the personal and financial affairs of the debtor since dismissal of the last case.
Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
A V Hankins Represented By
Raj T Wadhwani
Joint Debtor(s):
Jennifer Rayford Represented By
Raj T Wadhwani
Movant(s):
A V Hankins Represented By
Raj T Wadhwani
Jennifer Rayford Represented By
Raj T Wadhwani
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
ROY ANTHONY CATELLANOS VS
DEBTOR
Docket 211
This matter is continued to September 10, 2019 at 10:00 a.m.
Appearances waived.
Debtor(s):
Scoobeez Represented By
Ashley M McDow Shane J Moses
Movant(s):
Roy Anthony Catellanos Represented By
Akop J Nalbandyan
Docket 12
No opposition was filed.
10:00 AM
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on July 24, 2019. This motion was filed on July 30, 2019, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition.
The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to the creditors listed on page 11-12 of the motion at Docket. No. 12. Pursuant to the evidence presented, the Court GRANTS the relief requested in the motion based upon an apparent change in the personal and financial affairs of the debtor since dismissal of the last case.
Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Alejandro Anguiano Gudino Represented By
10:00 AM
Movant(s):
Matthew D Resnik
Alejandro Anguiano Gudino Represented By Matthew D Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
FIRST CITY CREDIT UNION VS
DEBTOR fr 7-30-19
Docket 29
Debtor(s):
Alex Gonzales Represented By Andy C Warshaw
Movant(s):
First City Credit Union Represented By Karel G Rocha
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 26
None.
Debtor(s):
Faithie Lee Parker Pro Se
Movant(s):
Faithie Lee Parker Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01093 Wike v. Hong
Docket 29
None.
Debtor(s):
Michael T Hong Represented By Young K Chang
Defendant(s):
Michael T Hong Pro Se
Plaintiff(s):
Chalmers Wike Represented By Marc Lazarus Shai S Oved
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
Adv#: 2:18-01093 Wike v. Hong
FR. 6-5-18; 6-26-18, 7-17-18, 8-14-18; 11-13-18
12-4-18; 12-18-18; 3-26-19; 7-2-19
2:00 PM
Docket 1
None.
Debtor(s):
Michael T Hong Represented By Young K Chang
Defendant(s):
Michael T Hong Pro Se
Plaintiff(s):
Chalmers Wike Represented By Marc Lazarus
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
Adv#: 2:18-01093 Wike v. Hong
Docket 34
None.
2:00 PM
Debtor(s):
Michael T Hong Represented By Young K Chang
Defendant(s):
Michael T Hong Pro Se
Plaintiff(s):
Chalmers Wike Represented By Marc Lazarus Shai S Oved
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
Adv#: 2:19-01082 Romex Textiles, Inc. v. Kim
fr 6-4-19; 6-25-19
Docket 1
None.
Debtor(s):
Roy Tae Kim Represented By
Michael H Yi
2:00 PM
Defendant(s):
Roy Tae Kim Pro Se
Plaintiff(s):
Romex Textiles, Inc. Represented By Nico N Tabibi
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
Adv#: 2:19-01083 Melrose Textiles, Inc. v. Kim
fr 6-4-19; 6-25-19
Docket 1
None.
Debtor(s):
Roy Tae Kim Represented By
Michael H Yi
Defendant(s):
Roy Tae Kim Pro Se
Plaintiff(s):
Melrose Textiles, Inc. Represented By Nico N Tabibi
2:00 PM
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
Adv#: 2:19-01129 Point.360, a California Corporation et al v. Medley Capital Corporation et al
Docket 6
None.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
Defendant(s):
Medley Capital Corporation Represented By Justin E Rawlins
Medley Opportunity Fund II LP Represented By Justin E Rawlins
Plaintiff(s):
Point.360, a California Corporation Represented By
Lewis R Landau
Committee of Creditors Holding Represented By
Lewis R Landau Daren Brinkman
Adv#: 2:19-01129 Point.360, a California Corporation et al v. Medley Capital Corporation et al
2:00 PM
Mandatory Subordination and Claim Disallowance;
Recharacterization and Claim Disallowance;
Objection to Claim; and
Lien Avoidance
[11 U.S.C. Section 502(b)(1); 510(b); 506(d) fr 7-16-19
Docket 1
None.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
Defendant(s):
Medley Capital Corporation Pro Se
Medley Opportunity Fund II LP Pro Se
Plaintiff(s):
Point.360, a California Corporation Represented By
Lewis R Landau
Committee of Creditors Holding Represented By
Lewis R Landau Daren Brinkman
10:00 AM
Docket 0
- NONE LISTED -
1:30 PM
fr 11-14-18; 2-6-19; 4-10-19
fr 6-5-19
Docket 84
- NONE LISTED -
Debtor(s):
Lynette Marie Baker Represented By Axel H Richter
Trustee(s):
Nancy K Curry (TR) Pro Se
2:14-33804 | Margaret E Jones | Chapter 13 |
#2.00 | Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments | |
fr. 5-29-19 | ||
Docket | 56 | |
- NONE LISTED -
Debtor(s):
Margaret E Jones Represented By
1:30 PM
Trustee(s):
Elena Steers
Nancy K Curry (TR) Pro Se
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 12-12-18; 2-6-19; 4-10-19
fr 6-26-19
Docket 109
- NONE LISTED -
Debtor(s):
Vena Marie Rubalcaba Represented By Matthew D. Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
2:15-15021 | Daniel Rodriguez and Karina Padilla | Chapter 13 |
#4.00 | Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/Delinquent Plan Payments | |
fr 8-22-17; 10-17-18;12-12-18; 2-6-19; 4-10-19 fr 6-26-19 |
1:30 PM
Docket 83
- NONE LISTED -
Debtor(s):
Daniel Rodriguez Represented By Michael E Clark Barry E Borowitz
Joint Debtor(s):
Karina Padilla Represented By Michael E Clark Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
fr. 11-7-18; 1-16-19; 3-27-19; 5-8-19
fr 6-26-19
Docket 61
- NONE LISTED -
1:30 PM
Debtor(s):
Sabrina January Dethloff Represented By David P Farrell
Trustee(s):
Nancy K Curry (TR) Pro Se
fr 4-10-19
fr 6-26-19
Docket 51
- NONE LISTED -
Debtor(s):
Janice Dean Lewis Represented By Todd J Roberts
Trustee(s):
Nancy K Curry (TR) Pro Se
2:16-24621 | Norberto Diaz, Jr. | Chapter 13 |
#7.00 | Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments | |
fr 4-10-19 fr 6-5-19 |
1:30 PM
Docket 58
- NONE LISTED -
Debtor(s):
Norberto Diaz Jr. Represented By Axel H Richter
Trustee(s):
Nancy K Curry (TR) Pro Se
Telephonic Hearing
fr 2-27-19; 4-24-19
Arjun Sivakumar to appear by telephone
fr 6-26-19
Docket 125
- NONE LISTED -
Debtor(s):
Erin Baldwin Represented By
Matthew D. Resnik
1:30 PM
Trustee(s):
Nancy K Curry (TR) Pro Se
fr 4-10-19; 6-5-19
Docket 24
- NONE LISTED -
Debtor(s):
Steve Lynn Wright Represented By Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
fr 6-5-19
Docket 64
- NONE LISTED -
1:30 PM
Debtor(s):
Rusty Eugene Jarreau Represented By Axel H Richter
Trustee(s):
Nancy K Curry (TR) Pro Se
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 6-26-19
Docket 63
- NONE LISTED -
Debtor(s):
Debbie M Page Represented By Ali R Nader
Trustee(s):
Nancy K Curry (TR) Pro Se
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 6-5-19
Docket 30
1:30 PM
- NONE LISTED -
Debtor(s):
Claudia Delgadillo Represented By
David Samuel Shevitz
Trustee(s):
Nancy K Curry (TR) Pro Se
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 4-10-19
fr 6-5-19
Docket 29
- NONE LISTED -
Debtor(s):
Jose Rigoberto Aguilar Represented By Donald E Iwuchuku
Joint Debtor(s):
Maria Trinidad Aguilar Represented By Donald E Iwuchuku
1:30 PM
Trustee(s):
Nancy K Curry (TR) Pro Se
fr 4-10-19
fr 6-5-19
Docket 28
- NONE LISTED -
Debtor(s):
Michael Moradi Represented By Krystina T Tran
Trustee(s):
Nancy K Curry (TR) Pro Se
fr 6-26-19
Docket 29
- NONE LISTED -
1:30 PM
Debtor(s):
Roberto Alvarado Zuniga Represented By Amanda G Billyard
Trustee(s):
Nancy K Curry (TR) Pro Se
Docket 51
- NONE LISTED -
Debtor(s):
Teresa M Saavedra Represented By Caroline S Kim
Trustee(s):
Nancy K Curry (TR) Pro Se
Docket 49
1:30 PM
- NONE LISTED -
Debtor(s):
Odon Dela Cruz Salvacion Represented By
James Geoffrey Beirne
Joint Debtor(s):
Eliza R. Salvacion Represented By
James Geoffrey Beirne
Trustee(s):
Nancy K Curry (TR) Pro Se
Docket 110
- NONE LISTED -
Debtor(s):
Andrew Babakhanlou Represented By Matthew D Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 32
- NONE LISTED -
Debtor(s):
David De Leon Represented By Anthony B Vigil
Joint Debtor(s):
Valeria De Leon Represented By Anthony B Vigil
Trustee(s):
Nancy K Curry (TR) Pro Se
Docket 25
- NONE LISTED -
Debtor(s):
Hsinyi Diana Ballantyne Represented By
D Justin Harelik
1:30 PM
Trustee(s):
Nancy K Curry (TR) Pro Se
Docket 28
- NONE LISTED -
Debtor(s):
Sabino Alfonso Najera Represented By Barry E Borowitz
Joint Debtor(s):
Sandra Patricia Reyna-Najera Represented By Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
Docket 51
- NONE LISTED -
1:30 PM
Debtor(s):
Louie Jose Quintanar Represented By William G Cort
Trustee(s):
Nancy K Curry (TR) Pro Se
Docket 55
- NONE LISTED -
Debtor(s):
Hector Edward Arciniega Represented By Nicholas M Wajda
Joint Debtor(s):
Melinda Ann Arciniega Represented By Nicholas M Wajda
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 41
- NONE LISTED -
Debtor(s):
Benjo James Pigtain Certeza Represented By Steven A Alpert
Trustee(s):
Nancy K Curry (TR) Pro Se
Docket 22
- NONE LISTED -
Debtor(s):
Angeluz Flores Represented By Brad Weil
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 27
- NONE LISTED -
Debtor(s):
Edward F. Urquidi Represented By Cynthia Grande
Trustee(s):
Nancy K Curry (TR) Pro Se
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 2-27-19; 4-24-19; 6-26-19
Docket 22
- NONE LISTED -
Debtor(s):
Edward F. Urquidi Represented By Cynthia Grande
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 42
- NONE LISTED -
Debtor(s):
Mirtha Viviana Tabares Represented By Steven A Alpert
Trustee(s):
Nancy K Curry (TR) Pro Se
2:17-20934 | Mirtha Viviana Tabares | Chapter 13 |
#29.00 | Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/Delinquent Plan Payments | |
fr 4-10-19; 6-5-19; 6-26-19 | ||
Docket 38 |
- NONE LISTED -
Debtor(s):
Mirtha Viviana Tabares Represented By Steven A Alpert
1:30 PM
Trustee(s):
Nancy K Curry (TR) Pro Se
Docket 43
- NONE LISTED -
Debtor(s):
Haile Earnel Williams Represented By Steven A Alpert
Trustee(s):
Nancy K Curry (TR) Pro Se
2:17-22322 | Haile Earnel Williams | Chapter 13 |
#31.00 | Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments | |
fr 12-12-18; 2-6-19; 2-27-19; 4-24-19; 6-5-19 | ||
Docket | 39 | |
- NONE LISTED -
1:30 PM
Debtor(s):
Haile Earnel Williams Represented By Steven A Alpert
Trustee(s):
Nancy K Curry (TR) Pro Se
Docket 52
- NONE LISTED -
Debtor(s):
Joseph A Villagrana Represented By Axel H Richter
Movant(s):
Joseph A Villagrana Represented By Axel H Richter
Trustee(s):
Nancy K Curry (TR) Pro Se
2:18-12666 | Joseph A Villagrana | Chapter 13 |
#33.00 | Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments | |
fr 4-24-19; 6-26-19 |
1:30 PM
Docket 48
- NONE LISTED -
Debtor(s):
Joseph A Villagrana Represented By Axel H Richter
Trustee(s):
Nancy K Curry (TR) Pro Se
Docket 42
- NONE LISTED -
Debtor(s):
Christel A Beattie Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 2-27-19; 4-24-19; 6-5-19
Docket 36
- NONE LISTED -
Debtor(s):
Christel A Beattie Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
Docket 41
- NONE LISTED -
Debtor(s):
Carlton Peter Ricketts Represented By Axel H Richter
Movant(s):
Carlton Peter Ricketts Represented By
1:30 PM
Trustee(s):
Axel H Richter
Nancy K Curry (TR) Pro Se
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 6-5-19
Docket 35
- NONE LISTED -
Debtor(s):
Carlton Peter Ricketts Represented By Axel H Richter
Trustee(s):
Nancy K Curry (TR) Pro Se
Docket 115
1:30 PM
Debtor(s):
None.
Tenesah Marie Davis Represented By Bobby Samini
James D. Hornbuckle
Trustee(s):
Nancy K Curry (TR) Pro Se
for Allowance of Fees and Expenses Following Dismissal or Conversion of Chapter 13 Case Subject to a Rights and Responsibilities Agreement
Case dismised 7/5/19
Docket 29
No opposition was filed.
The court has reviewed the Application for Payment of Fees of Resnik Hayes Moradi LLP. The court GRANTS the Application and awards
$6,000.00 in fees pursuant to the RARA. After deducting $880 previously paid to counsel, the Applicant may receive payment of $5,120 the unpaid balance of which is to be paid from the estate of the debtor as funds permit. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1).
Appearances waived.
Debtor’s counsel is to lodge an appropriate order.
1:30 PM
Debtor(s):
Javier Nunez Godinez Represented By Matthew D Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
Docket 21
None.
Debtor(s):
Phoebe E Boswell Pro Se
Movant(s):
Nancy K Curry (TR) Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket
141
None.
Debtor(s):
Julie Carroll Dwyer Represented By Andy C Warshaw
Trustee(s):
Nancy K Curry (TR) Pro Se
Docket 29
None.
Debtor(s):
Carlos R. Castillo Represented By Eliza Ghanooni
Joint Debtor(s):
Maria P. Castillo Represented By Eliza Ghanooni
1:30 PM
Movant(s):
Carlos R. Castillo Represented By Eliza Ghanooni Eliza Ghanooni
Maria P. Castillo Represented By Eliza Ghanooni
Trustee(s):
Nancy K Curry (TR) Pro Se
fr 6-26-19
Docket 23
None.
Debtor(s):
Shannon D Perez Represented By Axel H Richter
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 28
None.
Debtor(s):
Richard Tod Strausman Represented By Brad Weil
Trustee(s):
Nancy K Curry (TR) Pro Se
Docket 107
None.
Debtor(s):
Joseph Hoats Represented By
Alan W Forsley
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
and/or Expenses for Fredman Lieberman Pearl LLP, Debtor's Attorney
Docket 139
None.
Debtor(s):
Joseph Hoats Represented By
Alan W Forsley
Trustee(s):
Nancy K Curry (TR) Pro Se
2:18-24797 | James Albert Schutte | Chapter 13 |
#44.00 | Motion for Order Determining Value of Collateral [11 U.S.C. § 506(a), FRBP 3012] | |
fr 6-26-19 | ||
Docket 24 |
Debtor seeksto value debtors' PERSONAL PROPERTY listed in the motion at Docket No. 24 at a fair market value of $61,749.96. The subject property is secured by first and second position interests held by Independence Bank with approximate balances of $110,713.89 and
$130,135.17 as of the petition date, and a third position interest held by On Deck Capital, Inc. with an approximate balance of $170,897.48 as of the petition date. The valuation motion is supported by evidence as to the value
1:30 PM
of the subject property. The content of the notice meets the due process requirement that it be "reasonably calculated, under all of the circumstances, to apprise interested parties of the pendency of the action and to afford them the opportunity to present their objections." Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 314 (1950). No opposition was filed. Therefore, Santander Consumer USA Inc.’s claim is only partially secured by a deed of trust lien.
The debtors' motion is GRANTED. Independence Bank’s first position interest will be allowed as a secured claim only in the amount of $61,749.96 and an unsecured claim in the amount of $48,963.93 and its second position as well as On Deck Capital Inc.’s third position interest will be treated as unsecured claims. 11 U.S.C. § 506(a). The chapter 13 plan must provide for full payment of the secured portion of the claim over the life of the plan and pay the unsecured portion of the liens with other unsecured claims. 11 U.S.C.
§1325(a)(5)(B); see In re Enewally, 368 F.3d 1165, 1171-1172 (9th Cir. 2004), cert. den. 543 U.S. 1021, 125 S.Ct. 669 (2004).
Pursuant to LBR 9021-1(b)(1)(B), debtors must serve and lodge a proposed order via LOU within 7 days of the hearing.
Debtor(s):
James Albert Schutte Represented By Kevin T Simon
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 53
None.
Debtor(s):
Kippy Lynn Miller Represented By Keith F Rouse
Movant(s):
Kippy Lynn Miller Represented By Keith F Rouse
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 13
None.
Debtor(s):
Online 4 Online Inc. Represented By
R Grace Rodriguez
10:00 AM
Docket 7
The debtor has failed to file a written status report prior to the status conference. Debtor is to explain its failure to do so.
Debtor(s):
Online 4 Online Inc. Represented By
R Grace Rodriguez
10:00 AM
Docket 16
- NONE LISTED -
Debtor(s):
OSB Investment, LLC Represented By Ovsanna Takvoryan
10:00 AM
Docket 196
Applicant is to explain the failure to obtain a declaration from the debtor with respect to the fee application.
Debtor(s):
Lilia Nuno Represented By
Thomas B Ure
Movant(s):
Lilia Nuno Represented By
Thomas B Ure Thomas B Ure Thomas B Ure
10:00 AM
Docket 138
Debtor(s):
None.
Crescent Associates, LLC. Represented By Robert M Yaspan
Movant(s):
Crescent Associates, LLC. Represented By Robert M Yaspan
10:00 AM
Docket 83
None.
Debtor(s):
Michelle Carter Represented By Kevin Tang
Movant(s):
Michelle Carter Represented By Kevin Tang Kevin Tang Kevin Tang
10:00 AM
fr. 8-30-18; 12-13-18; 1-17-19; 4-16-19; 6-27-19
7-11-19
Docket 28
None.
Debtor(s):
Michelle Carter Represented By Kevin Tang
10:00 AM
fr. 6-6-19; 7-11-19
Docket 83
- NONE LISTED -
Debtor(s):
Expressway Deliveries, Inc. Represented By
J. Bennett Friedman
10:00 AM
fr 7-11-19
Docket 113
- NONE LISTED -
Debtor(s):
Expressway Deliveries, Inc. Represented By
J. Bennett Friedman
10:00 AM
fr. 1-31-19; 2-7-19; 4-25-19; 6-27-19
Docket 267
None.
Debtor(s):
Cedric Leonardi Represented By Leslie A Cohen
Mark E Goodfriend
10:00 AM
Telephonic Hearing
fr. 10-18-18; 12-6-18; 3-7-19, 4-25-19, 6-27-19;
7-11-19
Mark E. Goodfriend to appear by telephone
Docket 204
None.
Debtor(s):
Cedric Leonardi Represented By Leslie A Cohen
Mark E Goodfriend
10:00 AM
Docket 179
None.
Debtor(s):
Scoobeez Represented By
Ashley M McDow Shane J Moses
10:00 AM
fr 8-1-19
Docket 138
None.
Debtor(s):
Luis Carlos Flores Represented By Onyinye N Anyama
Joint Debtor(s):
Teresa Flores Represented By
Onyinye N Anyama
2:00 PM
Peter J Mastan
Docket 354
Final Ruling. This fee application has been set for hearing on the notice required by LBR 9013-1(d)(2) and other applicable rules. The failure of the debtor and parties in interest to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(f) is considered as consent to the granting of the motion. LBR 9013-1(h). CF. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). No appearance is allowed.
Peter J. Mastan. Peter J. Mastan ("Trustee") has filed a Final Report and Application for Compensation and reimbursement of expenses pursuant to 11 U.S.C. §§ 326 & 330. Trustee has itemized $9,701.14 in fees and
$54.60 in expenses, for a total of $9,755.74. No creditor or other party in interest, including the United States trustee, has filed an objection to the application.
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee’s services, payable after the trustee renders such services, not to exceed 25% of the first $5,000 or less, 10% on any amounts in excess of $5,000 but not in excess of
$50,000, 5% on any amount in excess of $50,000 but not in excess of
$1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including
2:00 PM
holders of secured claims. 11 U.S.C. § 326(a).
In this case, the total money disbursed or turned over in the case by the Trustee to parties in interest, excluding the debtor, is $159,022.86. There being no extraordinary circumstances present in this case, the trustee’s requested compensation is presumed reasonable since it is sought at the statutory rate. In re Salgado-Nava, 473 B.R. 911 (9th Cir. BAP 2012).
The court finds that the Trustee’s requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is APPROVED.
Bryan Cave Leighton Paisner LLP: The court has reviewed the Application of Bryan Cave Leighton Paisner LLP for the Allowance of Fees and Reimbursement of Expenses. The court GRANTS the Application and awards $96,114.90 in fees and $8,885.10 in expenses, for a total of
$105,000.00. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
SLBiggs: The court has reviewed the Application of SLBiggs for the Allowance of Fees and Reimbursement of Expenses. The court GRANTS the Application and awards $5,431.00 in fees and $221.87 in expenses, for a total of $5,652.87. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Debtor(s):
Trustee shall submit an appropriate order.
Ambra Bisconti Represented By Daren M Schlecter Michael Jay Berger
2:00 PM
Trustee(s):
Peter J Mastan (TR) Represented By Sharon Z. Weiss
2:00 PM
Telephonic Hearing
fr 5-16-19; 6-6-19; 6-27-19, 7-11-19
John D. Monte to appear by telephone
Docket 134
None.
Debtor(s):
Kaveh Roshan Represented By
Andrew Edward Smyth
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Sonia Singh Richard K Diamond
2:00 PM
fr. 5-16-19; 6-6-19; 7-11-19
Docket 132
None.
Debtor(s):
Kaveh Roshan Represented By
Andrew Edward Smyth
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Sonia Singh Richard K Diamond
10:00 AM
fr 1-31-19; 4-25-19; 6-6-19; 7-11-19
Docket 149
A stipulation to continue the hearing was filed in this case. The Court will review the stipulation and enter an order approving the stipulation.
Accordingly, this matter is CONTINUED to June 6, 2019 at 10:00 a.m.
Appearances waived.
Debtor(s):
American Ranch and Seafood Represented By Sandford L. Frey
10:00 AM
Docket 156
None.
Debtor(s):
Stanley Swain's, Inc. Represented By Steven R Fox Janis G Abrams
Movant(s):
Stanley Swain's, Inc. Represented By Steven R Fox Steven R Fox Steven R Fox Steven R Fox Steven R Fox Steven R Fox Janis G Abrams Janis G Abrams Janis G Abrams Janis G Abrams Janis G Abrams Janis G Abrams
10:00 AM
Telephonic Hearing
fr. 1-11-19, 1-31-19, 7-11-19
Docket 0
None.
Debtor(s):
Stanley Swain's, Inc. Represented By Steven R Fox
10:00 AM
Docket 38
- NONE LISTED -
Debtor(s):
OSB Investment, LLC Represented By Ovsanna Takvoryan
10:00 AM
Docket 0
- NONE LISTED -
Debtor(s):
OSB Investment, LLC Represented By Ovsanna Takvoryan
10:00 AM
a Claim Reserve, and Granting Related Relief 11 U.S.C. §§ 105(a) and 502(c)]
fr 7-11-19; 8-1-19
Docket 111
None.
Debtor(s):
Crescent Associates, LLC. Represented By Robert M Yaspan
10:00 AM
of Liens, Claims, Interests And Encumbrances
[3548 1/2 N Multiview Dr., Los Angeles, CA 90068]
fr 8-1-19
Docket 124
None.
Debtor(s):
Crescent Associates, LLC. Represented By Robert M Yaspan
10:00 AM
Deadline to File Plan and Disclosure Statement for Cause
fr 8-1-19
Docket 82
None.
Debtor(s):
Thomas D. Bohlmann Represented By Paul R Shankman
James Andrew Hinds Jr Rachel M Sposato
10:00 AM
fr 3-7-19; 7-31-19; 8-1-19
Docket 12
None.
Debtor(s):
Thomas D. Bohlmann Represented By Paul R Shankman
James Andrew Hinds Jr Rachel M Sposato
10:00 AM
fr 8-1-19
Docket 740
This matter is continued to the 3:00 calendar.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
10:00 AM
Docket 237
None.
Debtor(s):
Scoobeez Represented By
Ashley M McDow Shane J Moses
10:00 AM
Docket 240
Having established good cause for the relief requested in the motion, the motion is GRANTED.
Debtor(s):
Scoobeez Represented By
Ashley M McDow Shane J Moses
10:00 AM
Docket 241
None.
Debtor(s):
Scoobeez Represented By
Ashley M McDow Shane J Moses
10:00 AM
Affects:
All Debtors
Jointly Administered with:
Scoobeez Global, Inc. 2:19-bk-14991 WB Scoobur LLC 2:19-bk-14997 WB
fr 8-1-19
Docket 1
None.
Debtor(s):
Scoobeez Represented By
Ashley M McDow
10:00 AM
Docket 17
- NONE LISTED -
Debtor(s):
Luis Carlos Flores Represented By Lionel E Giron Joanne P Sanchez
Joint Debtor(s):
Teresa Flores Represented By
Lionel E Giron Joanne P Sanchez
10:00 AM
Appropriate 7821 Eastern Ave, Bell Gardens, CA 90201; 7112 and 7112 Heliotrope Ave., Bell Gardens, CA 90201; and 2018 Honda CRV-EX.
Docket 15
- NONE LISTED -
Debtor(s):
Luis Carlos Flores Represented By Lionel E Giron Joanne P Sanchez
Joint Debtor(s):
Teresa Flores Represented By
Lionel E Giron Joanne P Sanchez
2:00 PM
Wesley H Avery
Docket 59
Final Ruling. This fee application has been set for hearing on the notice required by LBR 9013-1(d)(2) and other applicable rules. The failure of the debtor and parties in interest to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(f) is considered as consent to the granting of the motion. LBR 9013-1(h). CF. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). No appearance is allowed.
Wesley H. Avery. Wesley H. Avery ("Trustee") has filed a Final Report and Application for Compensation and reimbursement of expenses pursuant to 11 U.S.C. §§ 326 & 330. Trustee has itemized $23,404.57 in fees and $260.84 in expenses, for a total of $23,665.41. No creditor or other party in interest, including the United States trustee, has filed an objection to the application.
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee’s services, payable after the trustee renders such services, not to exceed 25% of the first $5,000 or less, 10% on any amounts in excess of $5,000 but not in excess of
$50,000, 5% on any amount in excess of $50,000 but not in excess of
$1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the
2:00 PM
case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
In this case, the total money disbursed or turned over in the case by the Trustee to parties in interest, excluding the debtor, is $60,000. There being no extraordinary circumstances present in this case, the trustee’s requested compensation is presumed reasonable since it is sought at the statutory rate. In re Salgado-Nava, 473 B.R. 911 (9th Cir. BAP 2012).
The court finds that the Trustee’s requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is APPROVED.
Zi Lin: The court has reviewed the Application of Zi Lin for the Allowance of Fees and Reimbursement of Expenses. The court GRANTS the Application and awards $29,600.11 in fees and $2,126.49 in expenses, for a total of $31,726.60. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Menchaca & Company LLP: The court has reviewed the Application of Menchaca & Company LLP for the Allowance of Fees and Reimbursement of Expenses. The court GRANTS the Application and awards $3,360.00 in fees and $31.25 in expenses, for a total of $3,390.25. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived. The court finds that the Trustee’s requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is APPROVED.
Debtor(s):
Trustee is to lodge an appropriate order.
Nathaniel T. ILano Represented By
2:00 PM
Trustee(s):
Luis G Torres
Wesley H Avery (TR) Represented By Zi Chao Lin
Courtesy NEF Represented By Zi Chao Lin
2:00 PM
Docket 4
- NONE LISTED -
Debtor(s):
Nicolas Gutierrez Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
(2) Approving Overbid Procedures; (3) Approving Buyer, Successful Bidder, and Back-up Bidder as Good-Faith Purchaser Pursuant to 11 U.S.C. § 363(m); and (4) Authorizing Payment of Undisputed Liens,
Real Estate Broker's Commissions and Other Ordinary Costs of Sale
Docket 66
None.
Debtor(s):
Kenneth C Chew Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By David M Goodrich
2:00 PM
Authorizing Debtor to Obtain Postpetition Loan Secured by Junior Lien Under 11 U.S.C. Section 364;
Scheduling Final Hearing on Motion; and
Granting Related Relief fr 7-31-19
Docket 12
None.
Debtor(s):
Mad Dogg Athletics, Inc. Represented By David S Kupetz Asa S Hami Cathy Ta
2:00 PM
fr 7-31-19
Docket 16
None.
Debtor(s):
Mad Dogg Athletics, Inc. Represented By David S Kupetz Asa S Hami Cathy Ta
3:00 PM
fr 8-1-19; (trailed from 10:00 a.m. calendar 8/22/19)
Docket 740
This matter is continued to August 27, 2019 at 2:00 p.m.
Appearances waived.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
10:00 AM
fr 3-11-19; 3-6-19; 4-3-19; 6-17-19; 7-1-19; 7-16-19
Docket 118
Debtor(s):
4402 Mammoth Investors, LLC Represented By Mark T Young
Greenberg Glusker
10:00 AM
VS DEBTOR
Docket 8
On August 8, 2019, the Court entered an order dismissing the debtor's bankruptcy case. Because movant has not sought in rem relief, the Court will not retain jurisdiction to hear this matter. The hearing on this motion is now OFF CALENDAR. Appearances waived.
Debtor(s):
Dennis M. Jackson Pro Se
Movant(s):
Todd Brisco Represented By
Todd A Brisco
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
SANTANDER CONSUMER USA, INC VS
DEBTOR
Docket 21
- NONE LISTED -
Debtor(s):
Rosanna Cassettari Represented By David H Chung
Movant(s):
Santander Consumer USA Inc. Represented By Jennifer H Wang
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
ASSOCIATED SCHOOL EMPLOYEES CREDIT UNION
VS DEBTOR
Docket 26
Debtor(s):
Mark Anthony Marino Represented By Gregory M Shanfeld
Joint Debtor(s):
Suzette Ann Marino Represented By Gregory M Shanfeld
Movant(s):
Associated School Employees Credit Represented By
Scott S Weltman
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
BMW BANK OF NEW YORK VS
DEBTOR
Docket 26
None.
Debtor(s):
Gwendolyn Scott Represented By
Nicholas Nicholas Wajda
Movant(s):
BMW Bank of North America Represented By Cheryl A Skigin
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
SANTANDER CONSUMER USA, INC VS
DEBTOR
Docket 40
- NONE LISTED -
Debtor(s):
Alfreda Barry Represented By Raymond Perez
Movant(s):
Santander Consumer USA Inc. dba Represented By
Jennifer H Wang
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
21ST MORTGAGE CORPORATION VS
DEBTOR
Diane V. Weifenbach to appear by telephone
Docket 21
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's manufactured home located at 760 Lomita Blvd. Sp. 18, Harbor City, CA. The debtor has failed to pay 2 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Thomas J. Hofve Represented By Joseph A Weber
10:00 AM
Movant(s):
Fritz J Firman
21st Mortgage Corporation Represented By Diane Weifenbach
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
fr 6-25-19; 7-16-19
Telephone Appearances:
Diane V. Weifenbach U.S. Bank
Brad F. Weil Katherine Akingbade
Docket 76
None.
Debtor(s):
Katherine Marie Akingbade Represented By Brad Weil
Movant(s):
U.S. Bank National Association as Represented By
Ashish R Rawat Diane Weifenbach
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR fr 7-30-19
Docket 34
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Diana RAZINN Represented By
R Grace Rodriguez
Joint Debtor(s):
Masaki FUJISHIMA Represented By
R Grace Rodriguez
Movant(s):
U.S. BANK NATIONAL Represented By Andrew Kussmaul Sean C Ferry
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
WILMINGTON SAVINGS FUND SOCIETY, FSB VS
DEBTOR
fr 6-11-19; 7-30-19
Joseph C. Delmotte to appear by telephone
Docket 51
None.
Debtor(s):
Clettious E Woolfork Represented By Elena Steers
Movant(s):
Wilmington Savings Fund Society, Represented By
Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
US BANK TRUST NA VS
DEBTOR fr 7-30-19
Lemuel B. Jaquez to appear by telephone
Docket 45
None.
Debtor(s):
Noe M Urias Represented By
James Bryant
Joint Debtor(s):
Lucila Urias Represented By
James Bryant
Movant(s):
US Bank Trust NA Represented By
Lemuel Bryant Jaquez
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
US BANK TRUST NA VS
DEBTOR fr 7-30-19
Lemuel B. Jaquez to appear by telephone
Docket 43
None.
Debtor(s):
Leona E. Williams Represented By Thomas B Ure
Movant(s):
US Bank Trust NA Represented By
Lemuel Bryant Jaquez
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
NATIONSTAR MORTGAGE LLC VS
DEBTOR
fr 6-25-19; 7-30-19
Nichole L. Glowin to appear by telephone
Docket 23
Debtor(s):
Sabino Alfonso Najera Represented By Barry E Borowitz
Joint Debtor(s):
Sandra Patricia Reyna-Najera Represented By Barry E Borowitz
Movant(s):
Nationstar Mortgage LLC d/b/a Mr. Represented By
Nichole Glowin Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK N.A.
VS
DEBTOR fr 7-30-19
Docket 34
Debtor(s):
Jose Luis Perez Represented By Michael E Clark Barry E Borowitz
Joint Debtor(s):
Jessie Marie Vaiz Represented By Michael E Clark Barry E Borowitz
Movant(s):
U.S. Bank N.A., as trustee, on behalf Represented By
Daniel K Fujimoto Caren J Castle
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Diane V. Weifenbach to appear by telephone
Docket 40
No opposition was filed.
The motion is GRANTED in part pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post- petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985).
Movant's request for relief under section 362(d)(4) is denied. There is no evidence this case was filed in bad faith. The debtor confirmed a chapter 13 plan in 2016 and made plan and mortgage payments until 2019 when she missed 3 post-petition mortgage payments. While the debtor filed 3 cases in total over the last 6 years, her participation in this chapter 13 case evidences good faith on her part.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
10:00 AM
The movant shall upload an appropriate order via the Court’s LOU
system.
Debtor(s):
Nora Zamora Represented By
Mark E Brenner
Movant(s):
U.S. Bank National Association as Represented By
Ashish R Rawat Diane Weifenbach
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
THE BANK OF NEW YORK MELLON VS
DEBTOR
Docket 71
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay any post- petition payments. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11
U.S.C. § 362(d)(4). The stay is annulled retroactive to the petition date, so that enforcement actions taken by movant, if any, before receipt of notice of
10:00 AM
the automatic stay will not be deemed to have been voided by the automatic stay. See Nat’l Envtl. Waste Corp. v. City of Riverside (In re Nat’l Envtl.
Waste Corp.), 129 F.3d 1052, 1055 (9th Cir. 1997). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Sonya Winfield Represented By
Joseph Arthur Roberts
Movant(s):
The Bank Of New York Mellon, Represented By Cassandra J Richey
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
WELLS FARGO BANK, N.A. VS
DEBTOR
Merdaud Jafarnia to appear by telephone
Docket 32
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Oscar Santoscoy Represented By Daniel King
10:00 AM
Movant(s):
Wells Fargo Bank, N.A. Represented By Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Diane V. Weifenbach to appear by telephone
Docket 48
None.
Debtor(s):
Neil Jack Wachs Represented By Sevan Gorginian
Movant(s):
U.S. BANK NATIONAL Represented By Diane Weifenbach
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
WELLS FARGO BANK, N.A. VS
DEBTOR
Dane W. Exnowski to appear by telephone
Docket 14
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay payments since February of 2015. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11
10:00 AM
U.S.C. § 362(d)(4). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Annette L. Pratte Pro Se
Movant(s):
Wells Fargo Bank, N.A. Represented By
Dane W Exnowski
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
362(c)(4)(A)(ii)
Erica T. Loftis Pacheco to appear by telephone
Docket 16
No opposition was filed.
Section 362(c)(4)(A) states that if a single or joint case is filed by or against a debtor who is an individual under this title, and if 2 or more single or joint cases of the debtor were pending within the previous year but were dismissed, other than a cased refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay shall not go into effect upon the filing of the later case, and on request of a party in interest, the Court shall promptly enter an order confirming that no stay is in effect. 11 U.S.C. § 362(c) (4)(A)(ii).
The Court finds that no stay is in effect in this case under 11 U.S.C. § 362(c)(4)(A)(ii) due to two or more cases of the debtor that were pending within the previous year but were dismissed.
Movant's counsel shall upload an appropriate order confirming that no stay is in effect under 11 U.S.C. §362(c)(4)(A)(ii) via the Court's LOU system. Appearances waived.
Debtor(s):
Annette L. Pratte Pro Se
10:00 AM
Movant(s):
Deutsche Bank National Trust Represented By
Erica T Loftis Pacheco
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 10
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on July 31, 2019. This motion was filed on August 5, 2019, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to the creditors listed on page 11-13 of the motion. Pursuant to the evidence presented, the Court GRANTS the relief requested
10:00 AM
in the motion based upon an apparent change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Frederick Earl Ware Represented By
Nicholas Nicholas Wajda
Movant(s):
Frederick Earl Ware Represented By
Nicholas Nicholas Wajda
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
SONIA MENA GARCIA VS
DEBTOR
Shelby Kail to appear by telephone
Docket 30
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to proceed with Garcia and Valencia v. Hernandez; Herrera, and Does 1-50, Case #19STCV06675 which is a lawsuit currently pending against the debtor in a nonbankruptcy forum. Although the term "cause" is not defined in the Code, courts in the Ninth Circuit have granted relief from the stay under § 362(d)(1) when
necessary to permit pending litigation to be concluded in another forum. See, e.g., Christensen v. Tucson Estates, Inc. (In re Tucson Estates, Inc.), 912 F.2d 1162, 1166 (9th Cir. 1990) stating that "[w]here a bankruptcy court may abstain from deciding issues in favor of an imminent state court trial involving the same issues, cause may exist for lifting the stay as to the state court trial"); Packerland Packing Co. v. Griffith Brokerage Co. (In re Kemble), 776 F.2d 802, 807 (9th Cir. 1985) (affirming an order lifting the stay to permit a creditor to pursue a conversion and fraudulent conveyance action pending in the federal district court following a remand of the case by the appellate court for a retrial on the damages issue).
Here, the Court finds cause to permit the pending litigation to be concluded in a non-bankruptcy forum. Movant may proceed in the non- bankruptcy forum to final judgment (including any appeals) in accordance with applicable non-bankruptcy law. However, the automatic stay shall remain in effect with respect to enforcement of any judgment against Debtor and/or
10:00 AM
estate property, except for filing of a Proof of Claim and/or timely bringing a non-dischargeability adversary proceeding.
The 14-day period specified in Fed.R.Bankr.P. 4001(a)(3) is waived. All other relief is denied. The stay is annulled retroactive to the petition date, so that litigation undertaken by movant, if any, before receipt of notice of the automatic stay will not be deemed to have been voided by the automatic stay. See Nat’l Envtl. Waste Corp. v. City of Riverside (In re Nat’l Envtl. Waste Corp.), 129 F.3d 1052, 1055 (9th Cir. 1997). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
ELIZABETH ZEPEDA Represented By Eric O Ibisi
Joint Debtor(s):
LUIS HUMBERTO HERRERA Represented By
Eric O Ibisi
Movant(s):
Juan M. Valencia Represented By
John-Patrick M Fritz
Sonia Mena Garcia Represented By
John-Patrick M Fritz
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
Telephonic Hearing
AIS CAPITAL INESTMENTS, INC. VS
DEBTOR. fr 7-30-19
Telephone Appearances:
Jason L. Weisberg General Sherman Re. Group
Sanaz S. Bereliani Alan Glazer
Docket 10
None.
Debtor(s):
Alan Glazer Represented By
Sanaz S Bereliani
Movant(s):
General Sherman R.E. Group, Inc. Represented By
Jason L Weisberg
AIS Capital Investments, Inc. Represented By Jason L Weisberg
Trustee(s):
Brad D Krasnoff (TR) Pro Se
2:00 PM
Adv#: 2:19-01094 Gonzalez v. Edwards
Sale of interest of Co-owner in property of the estate; and
Turnover of property fr 6-4-19; 6-25-19
Docket 1
A stipulation to continue the status conference was filed in this case.
The Court will review the stipulation and enter an order approving the stipulation. Accordingly, this matter is CONTINUED to August 27, 2019 at 2:00 p.m. Appearances waived.
Debtor(s):
Scott Thomas Edwards Represented By Mark T Young
Defendant(s):
Lisa Edwards Pro Se
Plaintiff(s):
Rosendo Gonzalez Represented By Carmela Pagay
Trustee(s):
Rosendo Gonzalez (TR) Represented By
2:00 PM
Timothy J Yoo
2:00 PM
Adv#: 2:19-01063 Cruz Montano v. SLFG SERVICES, LLC, a California Limited Liability
Docket 20
The Order to Show Cause re Dismissal is discharged. This hearing is OFF CALENDAR. Appearances waived.
Debtor(s):
Ricardo Cruz Represented By
Matthew D Resnik
Defendant(s):
SLFG SERVICES, LLC, a Pro Se
JUAN GONZALEZ Pro Se
DOES 1 through 10, inclusive Pro Se
Plaintiff(s):
Ricardo Cruz Montano Represented By Matthew D Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:19-01063 Cruz Montano v. SLFG SERVICES, LLC, a California Limited Liability
quiet title
cancellation of instruments fr 5-14-19; 7-30-19
Docket 1
Plaintiff's counsel to explain when motions for entry of default judgment will be filed.
Debtor(s):
Ricardo Cruz Represented By
Matthew D. Resnik
Defendant(s):
SLFG SERVICES, LLC, a Pro Se
JUAN GONZALEZ Pro Se
DOES 1 through 10, inclusive Pro Se
Plaintiff(s):
Ricardo Cruz Montano Represented By Matthew D. Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01092 Meier et al v. Welker, II
FR. 6-05-18; 6-12-18; 10-16-18; 1-15-19; 4-23-19; 5-21-19
6-11-19; 7-16-19
Docket 1
Debtor(s):
James Joseph Welker II Represented By Jeffrey N Wishman
Defendant(s):
James Joseph Welker II Pro Se
Plaintiff(s):
Claudio Meier Represented By Bradford T Child
Brigitte Frank Meier Represented By Bradford T Child
2:00 PM
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01093 Wike v. Hong
Docket 34
- NONE LISTED -
Debtor(s):
Michael T Hong Represented By Young K Chang
Defendant(s):
Michael T Hong Pro Se
Plaintiff(s):
Chalmers Wike Represented By Marc Lazarus Shai S Oved
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:00 PM
Adv#: 2:18-01298
Preferred Bank v. EBF Partners, LLC et al
Telephonic Hearing
declaratory judgment regarding the validity, priority and extent of Preferred Bank's lien in debtor's accounts receivable and proceeds thereof;
for determination that purported junior lienholders' claims are unsecured under 11 USC Section 506(d)
fr 11-27-18; 1-22-19; 2-26-19, 4-23-19; 6-25-19
Telephone Appearances:
Eric Tsai EBF Partners, LLC
Timothy W. Evanston West Coast Business Capital Robert P. Goe PH DIP
Docket 1
None.
Debtor(s):
PH DIP, Inc Represented By
Robert P Goe Stephen Reider
Defendant(s):
EBF Partners, LLC Represented By Eric Tsai
2:00 PM
Yellowstone Capital West LLC Represented By
Lei Lei Wang Ekvall Timothy W Evanston
Citi Capital LLC Pro Se
1 West Capital LLC Pro Se
Plaintiff(s):
Preferred Bank Represented By Gerrick Warrington Michael G Fletcher
2:00 PM
Adv#: 2:18-01300 Playhut, Inc. v. EBF Partners, LLC dba Everest Business Funding
Avoidance and Recovery of Preferential Transfers
Avoidance and Recovery of Constructive Fraudulent Transfers; and
Disallowing Claims
fr 11-27-18; 1-22-19; 2-26-19, 4-23-19; 4-23-19; 6-25-19
Stipulation to continue hearing filed 8-13-19
Docket 4
The parties have filed a stipulation to continue this hearing to November 5, 2019 at 2:00 p.m. to allow the parties to continue with settlement discussions. The court will approve the stipulation. This hearing is continued to November 5, 2019 at 2:00 p.m. Appearances waived.
Debtor(s):
PH DIP, Inc Represented By
Robert P Goe Stephen Reider
Defendant(s):
EBF Partners, LLC dba Everest Represented By Eric Tsai
Plaintiff(s):
Playhut, Inc. Represented By
Robert P Goe
2:00 PM
fr 8-1-19; (trailed from 10:00 a.m. calendar 8/22/19); 8-22-19
Telephone Appearances:
Daren R. Brinkman Comm. of Unsecured Creditors
Carey D. Schreiber Medley Capital
Docket 740
None.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
10:00 AM
Docket 0
- NONE LISTED -
1:30 PM
fr. 5-29-19
Docket 87
- NONE LISTED -
Debtor(s):
Henry Franco Represented By Heather J Canning Barry E Borowitz David Brian Lally
Joint Debtor(s):
Roselia Vargas Franco Represented By Heather J Canning Barry E Borowitz David Brian Lally
Trustee(s):
Nancy K Curry (TR) Pro Se
2:15-18147 | Leo Hill | Chapter 13 |
#2.00 | Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/Delinquent Plan Payments | |
fr 6-26-19 | ||
Docket 39 |
1:30 PM
- NONE LISTED -
Debtor(s):
Leo Hill Represented By
Michael E Clark Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 4-24-19; 6-26-19
Docket 71
- NONE LISTED -
Debtor(s):
Katherine Marie Akingbade Represented By Brad Weil
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3-27-19; 5-8-19; 6-26-19
Docket 41
- NONE LISTED -
Debtor(s):
David King Represented By
Michelle A Marchisotto Sundee M Teeple
Joint Debtor(s):
Michelle King Represented By
Michelle A Marchisotto Sundee M Teeple
Trustee(s):
Nancy K Curry (TR) Pro Se
2:17-12510 | Linda Judy Glau | Chapter 13 |
#5.00 | Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/Delinquent Plan Payments | |
fr 6-26-19 | ||
Docket 55 |
1:30 PM
- NONE LISTED -
Debtor(s):
Linda Judy Glau Represented By Michael E Clark Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
fr 2-27-19; 4-24-19; 6-26-19
Docket 38
- NONE LISTED -
Debtor(s):
Lydia M Torres Represented By Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 6-26-19
Docket 40
- NONE LISTED -
Debtor(s):
Ramona Cameille Olmedo Represented By Heather J Canning
Trustee(s):
Nancy K Curry (TR) Pro Se
2:18-10563 | Dushawn D Green | Chapter 13 |
#8.00 | Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments | |
fr 6-26-19 | ||
Docket | 34 | |
- NONE LISTED -
Debtor(s):
Dushawn D Green Represented By Madhu Kalra
1:30 PM
Trustee(s):
Nancy K Curry (TR) Pro Se
fr 3-13-19; 4-24-19; 6-26-19
Docket 33
- NONE LISTED -
Debtor(s):
Luis Ramon Ramirez Represented By Heather J Canning Michael E Clark Barry E Borowitz
Joint Debtor(s):
Amanda Patricia Dominguez Represented By Heather J Canning Michael E Clark Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
of Delinquent Plan Payments fr 5-8-19; 7-31-19
Docket 37
- NONE LISTED -
Debtor(s):
Michelle Susan Rogalla Represented By Joshua L Sternberg
Trustee(s):
Nancy K Curry (TR) Pro Se
fr 4-24-19; 6-26-19
Docket 22
- NONE LISTED -
Debtor(s):
James Crowley Represented By Devin Sawdayi
1:30 PM
Trustee(s):
Nancy K Curry (TR) Pro Se
Docket 29
- NONE LISTED -
Debtor(s):
James Brian Wasti Represented By Sunita N Sood
Trustee(s):
Nancy K Curry (TR) Pro Se
Docket 39
- NONE LISTED -
Debtor(s):
Kimberly LaTreese Dunham Represented By
1:30 PM
Trustee(s):
Heather J Canning Barry E Borowitz
Nancy K Curry (TR) Pro Se
Docket 76
- NONE LISTED -
Debtor(s):
Romel Castrillo Faraon Represented By Stephen S Smyth William J Smyth
Movant(s):
Nancy K Curry (TR) Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
Docket 59
1:30 PM
- NONE LISTED -
Debtor(s):
William Ronald Lively Represented By Louis J Esbin
Joint Debtor(s):
Kathleen Ann Lively Represented By Louis J Esbin
Trustee(s):
Nancy K Curry (TR) Pro Se
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 45
- NONE LISTED -
Debtor(s):
Luis Manuel Bautista Represented By Clifford Bordeaux
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 30
- NONE LISTED -
Debtor(s):
Jose Gerardo Cortes Represented By Matthew D Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 25
- NONE LISTED -
Debtor(s):
Sheena L Bostic Represented By Devin Sawdayi
1:30 PM
Trustee(s):
Nancy K Curry (TR) Pro Se
Docket 26
- NONE LISTED -
Debtor(s):
Lafayette Doval Ellis Represented By Nicholas M Wajda
Trustee(s):
Nancy K Curry (TR) Pro Se
Docket 63
- NONE LISTED -
Debtor(s):
Marcus P Gutierrez Represented By Brad Weil
1:30 PM
Trustee(s):
Nancy K Curry (TR) Pro Se
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 6-26-19
Docket 59
- NONE LISTED -
Debtor(s):
Marcus P Gutierrez Represented By Brad Weil
Trustee(s):
Nancy K Curry (TR) Pro Se
Docket 57
- NONE LISTED -
1:30 PM
Debtor(s):
DAMON C. SWEATT Represented By Vernon R Yancy
Joint Debtor(s):
JAMIENIQUE T SWEATT Represented By Vernon R Yancy
Movant(s):
DAMON C. SWEATT Represented By Vernon R Yancy
JAMIENIQUE T SWEATT Represented By Vernon R Yancy
Trustee(s):
Nancy K Curry (TR) Pro Se
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 5-29-19; 7-31-19
Docket 47
- NONE LISTED -
Debtor(s):
DAMON C. SWEATT Represented By Vernon R Yancy
1:30 PM
Joint Debtor(s):
JAMIENIQUE T SWEATT Represented By Vernon R Yancy
Trustee(s):
Nancy K Curry (TR) Pro Se
Docket 95
- NONE LISTED -
Debtor(s):
Jose Rivera Represented By
Brad Weil
Joint Debtor(s):
Rita Maria Rivera Represented By Brad Weil
Trustee(s):
Nancy K Curry (TR) Pro Se
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 6-26-19
1:30 PM
Docket 89
- NONE LISTED -
Debtor(s):
Jose Rivera Represented By
Brad Weil
Joint Debtor(s):
Rita Maria Rivera Represented By Brad Weil
Trustee(s):
Nancy K Curry (TR) Pro Se
Docket 18
- NONE LISTED -
Debtor(s):
May Domingo Luciano Represented By Brad Weil
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 29
- NONE LISTED -
Debtor(s):
Juan Cordova Represented By Rebecca Tomilowitz
Joint Debtor(s):
Norma Becerra Represented By Rebecca Tomilowitz
Movant(s):
Juan Cordova Represented By Rebecca Tomilowitz Rebecca Tomilowitz Rebecca Tomilowitz
Norma Becerra Represented By Rebecca Tomilowitz Rebecca Tomilowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
Docket 33
1:30 PM
- NONE LISTED -
Debtor(s):
Kelvin D Clement Represented By Lauren Rode
Trustee(s):
Nancy K Curry (TR) Pro Se
Docket 20
Order to Show Cause Re Dismissal
Debtor(s):
Mathew R Upchurch Represented By David S Henshaw
Trustee(s):
Nancy K Curry (TR) Pro Se
of Michael G. Spector, Attorneys for the Debtor
Docket 113
1:30 PM
No opposition was filed.
The court has reviewed the Application of the Law Offices of Michael
G. Spectorfor the Allowance of Fees and Reimbursement of Expenses. The court GRANTS the Application and awards $6,494.50 in fees and $872.16 in costs, for a total of $7,366.66. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11
U.S.C. § 330(a)(1). Appearances waived.
Debtor(s):
Debtor’s/Debtors’ counsel is to lodge an appropriate order.
Robert Edward Travis Represented By Michael G Spector Vicki L Schennum
Trustee(s):
Nancy K Curry (TR) Pro Se
Docket 18
None.
1:30 PM
Debtor(s):
Alfredo Vargas Represented By Heather J Canning
Movant(s):
Alfredo Vargas Represented By Heather J Canning Heather J Canning
Trustee(s):
Nancy K Curry (TR) Pro Se
Docket 23
No opposition was filed.
This objection to the proof of claim of Deutsche Bank Trust Company ("Claim No. 10") has been set for hearing on at least 30 days notice to the claimant as required by FRBP 3007 and LBR 3007-1. The failure of the claimant to file written opposition at least 14 days prior to the hearing as required by LBR 3007-1(b)(6) is considered as consent to the sustaining of the objection. See LBR 9013-1(h). Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
The court is granting the relief requested to disallow Claim No. 10.
The claimant's default is entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). Appearances waived.
The objection is sustained. The court disallows Claim No. 10 as it was not timely filed. Claim No. 10 was filed on July 10, 2019, after the deadline of March 7, 2019 for filing claims in this case. The objecting party shall submit
1:30 PM
an appropriate order granting the relief requested pursuant to this tentative ruling.
Debtor(s):
Jacquelyne Lenore Hardaway Represented By Steven L Bryson
Movant(s):
Jacquelyne Lenore Hardaway Represented By Steven L Bryson
Trustee(s):
Nancy K Curry (TR) Pro Se
Stipulation between debtors and the FTB & State of CA filed 8/20/19
Docket 83
Debtor(s):
Raymond Tom Jarvis Represented By
1:30 PM
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Movant(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber
Raymonda Jean Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
Parcel No #3053-024-058, vacant land
fr 3-13-19; 6-5-19; 6-26-19; 7-31-19
Docket 32
This matter is CONTINUED to September 25, 2019 at 1:30 p.m.
Appearances waived.
1:30 PM
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
Parcel #3053-024-058, vacant land
fr 3-13-19; 6-5-19; 6-26-19; 7-31-19
Docket 33
This matter is CONTINUED to September 25, 2019 at 1:30 p.m.
Appearances waived.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
1:30 PM
Trustee(s):
Nancy K Curry (TR) Pro Se
Parcel #3053-024-059, vacant land
fr 3-13-19; 6-5-19; 6-26-19; 7-31-19
Docket 34
This matter is CONTINUED to September 25, 2019 at 1:30 p.m.
Appearances waived.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
with Internal Revenue Service Parcel #3053-024-059, vacant land fr 3-13-19; 6-5-19; 6-26-19; 7-31-19
Docket 35
This matter is CONTINUED to September 25, 2019 at 1:30 p.m.
Appearances waived.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
Parcel #3053-024-060, vacant land
fr 3-13-19; 6-5-19; 6-26-19; 7-31-19
Docket 36
1:30 PM
This matter is CONTINUED to September 25, 2019 at 1:30 p.m.
Appearances waived.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
Parcel #3053-024-060, vacant land
fr 3-13-19; 6-5-19; 6-26-19; 7-31-19
Docket 37
This matter is CONTINUED to September 25, 2019 at 1:30 p.m.
Appearances waived.
Debtor(s):
Raymond Tom Jarvis Represented By
1:30 PM
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
Property 2250 Old Nadeau Road, Palmdale
fr 3-13-19; 6-5-19; 6-26-19; 7-31-19
Docket 44
This matter is CONTINUED to September 25, 2019 at 1:30 p.m.
Appearances waived.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Movant(s):
Raymond Tom Jarvis Represented By
1:30 PM
Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber
Raymonda Jean Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
2250 Old Nadeau Road, Palmdale
fr 3-13-19; 6-5-19; 6-26-19; 7-31-19
Docket 45
This matter is CONTINUED to September 25, 2019 at 1:30 p.m.
Appearances waived.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
1:30 PM
Movant(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber
Raymonda Jean Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
2264 Old Nadeau Road, Palmdale
fr 3-13-19; 6-5-19; 6-26-19; 7-31-19
Docket 46
This matter is CONTINUED to September 25, 2019 at 1:30 p.m.
Appearances waived.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
1:30 PM
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Movant(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber
Raymonda Jean Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
2264 Old Nadeau Road, Palmdale
fr 3-13-19; 6-5-19; 6-26-19; 7-31-19
Docket 47
This matter is CONTINUED to September 25, 2019 at 1:30 p.m.
Appearances waived.
1:30 PM
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Movant(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber
Raymonda Jean Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
Parcel No #3053-024-038 - vacant land
fr 3-13-19; 6-5-19; 6-26-19; 7-31-19
Docket 48
1:30 PM
This matter is CONTINUED to September 25, 2019 at 1:30 p.m.
Appearances waived.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Movant(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber
Raymonda Jean Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
Parcel No #3053-024-038 - vacant land
fr 3-13-19; 6-5-19; 6-26-19; 7-31-19
Docket 49
1:30 PM
This matter is CONTINUED to September 25, 2019 at 1:30 p.m.
Appearances waived.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Movant(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber
Raymonda Jean Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 8-14-19
Docket 53
None.
Debtor(s):
Kippy Lynn Miller Represented By Keith F Rouse
Movant(s):
Kippy Lynn Miller Represented By Keith F Rouse
Trustee(s):
Nancy K Curry (TR) Pro Se
Docket 0
- NONE LISTED -
Debtor(s):
Kippy Lynn Miller Represented By Keith F Rouse
1:30 PM
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
AUTURO VEGA VS
DEBTOR
FR 7-16-19, 7-30-19
Docket 156
Debtor(s):
Scoobeez Represented By
Ashley M McDow
Movant(s):
Arturo Vega Represented By
Eric K Yaeckel
2:00 PM
Adv#: 2:18-01381 Garza v. Cardona
fr. 1-22-19; 1-29-19; 4-2-19; 6-4-19; 6-25-19
Docket 1
Debtor(s):
Mario G. Cardona Represented By Jaenam J Coe
Defendant(s):
Mario G. Cardona Pro Se
Plaintiff(s):
Daniel Garza Represented By
Baruch C Cohen
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:19-01199 Crescent Associates LLC v. Epco Consultants Inc
RE: [1] Adversary case 2:19-ap-01199. Complaint by Crescent Associates LLC against Epco Consultants Inc. (Charge To Estate). Nature of Suit: (21 (Validity, priority or extent of lien or other interest in property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Yaspan, Robert)
Docket 1
Debtor(s):
Crescent Associates, LLC. Represented By Robert M Yaspan
Defendant(s):
Epco Consultants Inc Pro Se
Plaintiff(s):
Crescent Associates LLC Represented By Robert M Yaspan
10:00 AM
Docket 9
None.
Debtor(s):
JPGC Corp Represented By
Katherine Butts Warwick
Movant(s):
United States Trustee (LA) Represented By Alvin Mar
10:00 AM
Docket 22
None.
Debtor(s):
JPGC Corp Represented By
Katherine Butts Warwick
10:00 AM
Docket 12
None.
Debtor(s):
Corey Demon Sims Pro Se
10:00 AM
Docket 218
None.
Debtor(s):
Randal D. Haworth M.D. Inc. Represented By Stella A Havkin
10:00 AM
of Costs of Terzian Law Group, A Professional Corporation, Counsel for Elliot M. Hirsch, M.D., Patient Care Ombudsman
Docket 219
None.
Debtor(s):
Randal D. Haworth M.D. Inc. Represented By Stella A Havkin
10:00 AM
Docket 176
This matter is taken off calendar. The court previously entered an order converting the case to one under chapter 7. Appearances waived.
Debtor(s):
Stanley Swain's, Inc. Represented By Steven R Fox Janis G Abrams
10:00 AM
Telephonic Hearing
fr 3-19-19; 6-6-19; 6-27-19; 8-1-19
Telephone Appearances:
Robert Goe PH Dip
Mette Kurth Committee of Unsecured Creditors
Docket 292
None.
Debtor(s):
PH DIP, Inc Represented By
Robert P Goe Stephen Reider
Movant(s):
PH DIP, Inc Represented By
Robert P Goe Stephen Reider
10:00 AM
Scoobeez 19-14989
Jointly Administered with:
Scoobeez Global, Inc. 2:19-bk-14991 WB Scoobur LLC 2:19-bk-14997 WB
fr 5-1-19; 5-14-19; 6-5-19; 6-27-17
Docket 13
None.
Debtor(s):
Scoobeez Represented By
Ashley M McDow
10:00 AM
(iv) Granting Related Relief
Scoobeez 19-14989
Jointly Administered with:
Scoobeez Global, Inc. 2:19-bk-14991 WB Scoobur LLC 2:19-bk-14997 WB
Docket 293
None.
Debtor(s):
Scoobeez Represented By
Ashley M McDow Shane J Moses
Movant(s):
Scoobeez Represented By
Ashley M McDow Ashley M McDow Shane J Moses Shane J Moses
10:00 AM
of Liens, Claims, Interests And Encumbrances
[3548 1/2 N Multiview Dr., Los Angeles, CA 90068]
fr 8-1-19; 8-22-19
Telephone Appearances:
Omar Hasan Purchaser
Shawn Kormondy Pro Se, Crescent Assoc
Docket 124
None.
Debtor(s):
Crescent Associates, LLC. Represented By Robert M Yaspan
2:00 PM
Telephonic Hearing
Jason M Rund
Jason Rund to apper by telephone
Docket 29
Final Ruling. This fee application has been set for hearing on the notice required by LBR 9013-1(d)(2) and other applicable rules. The failure of the debtor and parties in interest to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(f) is considered as consent to the granting of the motion. LBR 9013-1(h). CF. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). No appearance is allowed.
Jason M. Rund. Jason M. Rund ("Trustee") has filed a Final Report and Application for Compensation and reimbursement of expenses pursuant to 11 U.S.C. §§ 326 & 330. Trustee has itemized $285.12 in fees and
$39.90 in expenses, for a total of $325.02. No creditor or other party in interest, including the United States trustee, has filed an objection to the application.
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee’s services, payable after the trustee renders such services, not to exceed 25% of the first $5,000
2:00 PM
or less, 10% on any amounts in excess of $5,000 but not in excess of
$50,000, 5% on any amount in excess of $50,000 but not in excess of
$1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
In this case, the total money disbursed or turned over in the case by the Trustee to parties in interest, excluding the debtor, is $1,152.00. There being no extraordinary circumstances present in this case, the trustee’s requested compensation is presumed reasonable since it is sought at the statutory rate. In re Salgado-Nava, 473 B.R. 911 (9th Cir. BAP 2012).
The court finds that the Trustee’s requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is APPROVED.
Debtor(s):
Applicant shall submit an appropriate order.
Noreen Bermudez Represented By Christie Cronenweth
Trustee(s):
Jason M Rund (TR) Pro Se
2:00 PM
Telephonic Hearing
fr 5-16-19; 6-6-19; 6-27-19, 7-11-19, 8-15-19
Telephone Appearances:
Michael G. D'Alba Trustee, Richard Diamond
John D. Monte Najeed and Roshan Gar
Docket 134
None.
Debtor(s):
Kaveh Roshan Represented By
Andrew Edward Smyth
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Sonia Singh Richard K Diamond
2:00 PM
Telephonic Hearing
David M. Goodrich to apper by telephone
Docket 0
Trustee seeks to reclassify Claim No. 2 (the "Claim") as a general unsecured claim in the amount of $8,708.11. Dayna Carter/DC Law ("DC") filed the Claim as a priority claim under 11 U.S.C. § 507(a)(4) for unpaid wages, salary, and commission earned within 180 days of the petition date. DC did not file the Claim with documentation supporting priority under § 507. The Claim provides that the basis of the debt is "Legal services rendered" rather than wages or salaries earned as an employee during the 180 days preceding the petition date. No opposition was filed. Therefore, the Claim is reclassified as a general unsecured claim for DC’s failure to demonstrate priority under § 507(a)(4). Appearances waived.
The objection to Claim No. 2 of DC is SUSTAINED. DC’s claim will be allowed as a general unsecured claim in the amount of $8,708.11.
Pursuant to LBR 9021-1(b)(1)(B), debtor must lodge an appropriate order via LOU within 7 days of the hearing.
Debtor(s):
Michael Torres Represented By Thomas B Ure
Joint Debtor(s):
Carla Torres Pro Se
2:00 PM
Trustee(s):
David M Goodrich (TR) Represented By Richard A Marshack Laila Masud
D Edward Hays
2:00 PM
Docket 23
None.
Debtor(s):
Corey Demon Sims Represented By Thomas B Ure
Movant(s):
Corey Demon Sims Represented By Thomas B Ure Thomas B Ure Thomas B Ure
2:00 PM
Docket 9
None.
Debtor(s):
Jean Lang Pro Se
Movant(s):
Jean Lang Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:19-01283 Parker v. Magnum Property LLC
Docket 2
None.
Debtor(s):
Faithie Lee Parker Pro Se
Defendant(s):
Magnum Property LLC Pro Se
Movant(s):
Faithie Lee Parker Pro Se
Plaintiff(s):
Faithie Lee Parker Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
fr 3-11-19; 3-6-19; 4-3-19; 6-17-19; 7-1-19; 7-16-19; 8-23-19
Docket 118
None.
Debtor(s):
4402 Mammoth Investors, LLC Represented By Mark T Young
Greenberg Glusker
10:00 AM
Adv#: 2:19-01289 4402 Mammoth Investors, LLC, A California Limited v. Stonehaven LLC
Docket 3
None.
Debtor(s):
4402 Mammoth Investors, LLC Represented By Mark T Young
Greenberg Glusker
Defendant(s):
Stonehaven LLC Pro Se
Movant(s):
4402 Mammoth Investors, LLC, A Represented By
Mark T Young
Plaintiff(s):
4402 Mammoth Investors, LLC, A Represented By
Mark T Young
10:00 AM
GROUP IV POMONA PROPERTIES, LTD VS
DEBTOR
Docket 8
- NONE LISTED -
Debtor(s):
Eric Rodriguez Pro Se
Movant(s):
GROUP IV POMONA Represented By Helen G Long
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WILMINGTON SAVINGS FUND SOCIETY FSB VS
DEBTOR
Docket 7
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d) (2). The stay is terminated as to the debtor and the debtor’s bankruptcy estate with respect to the movant, its successors, transferees and assigns. Movant may enforce its remedies to obtain possession of the property in accordance with applicable law, but may not pursue a deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Appearances waived.
Movant served the debtor with a three-day notice to quit the premises on May 24, 2019. When the debtor failed to vacate the premises, an unlawful detainer action was filed and served on May 30, 2019. Debtor filed the bankruptcy petition on August 13, 2019 in an apparent effort to stay the unlawful detainer action. This motion has been filed to proceed with the unlawful detainer action. This action must go forward because the debtor’s right to possess the premises must be determined.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Pierre Wasolua Nsilu Pro Se
Movant(s):
Wilmington Savings Fund Society Represented By
Trace D Alexander
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
FINANCIAL SERVICES VEHICLE TRUST VS
DEBTOR
fr. 6-4-19; 7-16-19, 8-13-19
Stipulation and order lodged: 9/9/19
Docket 15
None.
Debtor(s):
Isaac Vizcarra Represented By Jaime A Cuevas Jr.
Movant(s):
Financial Services Vehicle Trust Represented By
Cheryl A Skigin
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
NISSAN MOTOR ACCEPTANCE CORPORATION VS
DEBTOR
Docket 73
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's 2019 Nissan Altima. The debtor has failed to pay 3 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Mariana Brown Represented By Anthony P Cara
Movant(s):
NISSAN MOTOR ACCEPTANCE Represented By
10:00 AM
Trustee(s):
Michael D Vanlochem
Nancy K Curry (TR) Pro Se
10:00 AM
EXETER FINANCE, LLC VS
DEBTOR
Docket 43
None.
Debtor(s):
Marcus John Almaraz Represented By Jeffrey J Hagen
Joint Debtor(s):
Sandie Hanae Almaraz Represented By Jeffrey J Hagen
Movant(s):
Exeter Finance, LLC Represented By Cheryl A Skigin
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
TOYOTA MOTOR CREDIT CORPORATION VS
DEBTOR
Docket 28
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's 2018 Toyota Highlander. The debtor has failed to pay 3 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Sandra Navas Represented By Devin Sawdayi
Movant(s):
TOYOTA MOTOR CREDIT Represented By
10:00 AM
Trustee(s):
Erica T Loftis Pacheco
Nancy K Curry (TR) Pro Se
10:00 AM
ALLY FINANCIAL INC VS
DEBTOR
Docket 29
No opposition was filed. The court takes judicial notice of the chapter 13 debtor’s Statement of Intention filed in this case on February 11, 2019 in which the debtor stated an intention to surrender the property to movant.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's 2015 Hyundai Veloster. The debtor has failed to pay 6 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Heather Nicole Ferry Represented By Julie J Villalobos
10:00 AM
Movant(s):
Ally Financial Inc. Represented By Adam N Barasch
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
U.S. BABK NATIONAL ASSOCIATION VS
DEBTOR fr. 8-6-19
Docket 54
None.
Debtor(s):
Sergio Burchfield Represented By Tom A Moore
Movant(s):
U.S. Bank National Association as Represented By
Ashish R Rawat Diane Weifenbach
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR fr. 8-6-19
Docket 25
- NONE LISTED -
Debtor(s):
Jose Guadalupe Aguilar Represented By Joshua L Sternberg
Movant(s):
U.S. Bank National Association, as Represented By
Daniel K Fujimoto Caren J Castle
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
LAKEVIEW LOAN SERVICING VS
DEBTOR fr. 8-13-19
Docket 27
- NONE LISTED -
Debtor(s):
Samuel Ernesto Mendoza Represented By Julie J Villalobos
Movant(s):
Lakeview Loan Servicing, LLC Represented By Cassandra J Richey
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
NATIONSTAR MORTGAGE LLC VS
DEBTOR fr. 8-13-19
Docket 42
None.
Debtor(s):
MATTHEW JOHN RASDEL Represented By
Raj T Wadhwani
Movant(s):
Nationstar Mortgage LLC d/b/a Mr. Represented By
Kelsey X Luu Dane W Exnowski
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
DEUTSCHE BANK NATIONAL TRUST COMPANY VS
DEBTOR fr. 8-13-19
Docket 27
None.
Debtor(s):
Joseph Hernandez Represented By Julie J Villalobos
Joint Debtor(s):
Roberta Hernandez Represented By Julie J Villalobos
Movant(s):
Deutsche Bank National Trust Represented By
Erica T Loftis Pacheco
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR fr. 8-13-19
Docket 22
None.
Debtor(s):
Rosalina Rachels Represented By Michael Jay Berger
Movant(s):
U.S. Bank, National Association as Represented By
Diane Weifenbach
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
JPMORGAN CHASE BANK NATIONAL ASSOCIATION
VS DEBTOR
Docket 54
None.
Debtor(s):
Sonya Jo Thompson Represented By Brad Weil
Movant(s):
JPMorgan Chase Bank, National Represented By
Christina J O Joseph C Delmotte Von Mai Kennessa C Hartin
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
BAYVIEW LOAN SERVICING, LLC VS
DEBTOR
Docket 63
- NONE LISTED -
Debtor(s):
Keyla R Bell Represented By
Nancy Korompis
Movant(s):
BAYVIEW LOAN SERVICING, Represented By
Edward G Schloss
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WILMINGTON SAVINGS FUND SOCIETY, FSB VS
DEBTOR
Case dismissed 8/21/19
Docket 32
Movant failed to serve the amended notice of hearing on Debtor. The proof of service only provides notice to Maria Jones and not Carole Y. Jones. As a result, the Motion will be denied.
Appearances required.
Debtor(s):
Carole Y Jones Represented By Stephen L Burton
Movant(s):
Wilmington Savings Fund Society, Represented By
Erin M McCartney
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
NATIONSTAR MORTGAGE LLC VS
DEBTOR
Docket 33
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 4 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Jose Edgardo Rodriguez Represented By Todd L Turoci
Movant(s):
Nationstar Mortgage LLC D/B/A Represented By
10:00 AM
Trustee(s):
Angie M Marth Cassandra J Richey
Nancy K Curry (TR) Pro Se
10:00 AM
SAMUEL NWOSU VS
DEBTOR
Docket 20
None.
Debtor(s):
Isaac J. Martin Jr. Represented By Mark T Young
Movant(s):
Samuel Nwosu Represented By
Benjamin R Levinson ESQ
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
SELF DIRECTED IRA SERIVCES, INC VS
DEBTOR
Docket 7
None.
Debtor(s):
Milagros Granillo Pro Se
Movant(s):
SELF DIRECTED IRA SERVICES Represented By
Edward T Weber
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
FORD MOTOR CREDIT COMPANY VS
DEBTOR
Docket 28
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to proceed with recovering insurance proceeds from third parties. Although the term "cause" is not defined in the Code, courts in the Ninth Circuit have granted relief from the stay under § 362(d)(1) when necessary to permit pending litigation to be concluded in another forum. See, e.g., Christensen v. Tucson Estates, Inc. (In re Tucson Estates, Inc.), 912 F.2d 1162, 1166 (9th Cir. 1990) stating that "[w]here a bankruptcy court may abstain from deciding issues in favor of an imminent state court trial involving the same issues, cause may exist for lifting the stay as to the state court trial"); Packerland Packing Co. v. Griffith Brokerage Co. (In re Kemble), 776 F.2d 802, 807 (9th Cir. 1985) (affirming an order lifting the stay to permit a creditor to pursue a conversion and fraudulent conveyance action pending in the federal district court following a remand of the case by the appellate court for a retrial on the damages issue).
Here, the Court finds cause to permit the proceeding to be concluded in a non-bankruptcy forum. Movant may proceed in the non-bankruptcy forum to final judgment (including any appeals) in accordance with applicable non- bankruptcy law. However, the automatic stay shall remain in effect with respect to enforcement of any judgment against Debtor and/or estate property, except for filing of a Proof of Claim and/or timely bringing a non- dischargeability adversary proceeding.
The 14-day period specified in Fed.R.Bankr.P. 4001(a)(3) is waived.
10:00 AM
All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Silvia Castillo Represented By Danny K Agai
Movant(s):
Ford Motor Credit Company LLC Represented By
Jennifer H Wang
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 36
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on July 25, 2019. This motion was filed on August 15, 2019 and was noticed for a hearing on September 10, 2019, which falls outside the 30-day period following the filing of the petition. The motion is untimely.
Accordingly, this motion is DENIED. Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Armine Carapetian Represented By Armen Shaghzo
Movant(s):
Armine Carapetian Represented By Armen Shaghzo
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
10:00 AM
Docket 12
None.
Debtor(s):
Manuel Domingo Represented By Kevin Tang
Movant(s):
Manuel Domingo Represented By Kevin Tang
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 13
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on August 14, 2019. This motion was filed on August 20, 2019, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to the creditor[s] listed on page 3 of the motion / all creditors. Pursuant to the evidence presented, the Court GRANTS the relief
10:00 AM
requested in the motion based upon an apparent change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Lance Dana Gipson Represented By Steven A Alpert
Joint Debtor(s):
Antoinette LaShawn Gipson Represented By Steven A Alpert
Movant(s):
Lance Dana Gipson Represented By Steven A Alpert
Antoinette LaShawn Gipson Represented By Steven A Alpert
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 10
None.
Debtor(s):
Luis Vega Represented By
Jaime A Cuevas Jr.
Movant(s):
Luis Vega Represented By
Jaime A Cuevas Jr.
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 12
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on August 21, 2019. This motion was filed on August 26, 2019, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to all secured creditors. Pursuant to the evidence presented, the Court GRANTS the relief requested in the motion based upon
10:00 AM
an apparent change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Jonathan Samuel Uyere Represented By Stephen S Smyth
Movant(s):
Jonathan Samuel Uyere Represented By Stephen S Smyth Stephen S Smyth
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
BANK OF NEW YORK MELLON TRUST COMPANY
VS DEBTOR
Docket 48
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant has established a prima facie case that cause exists, and debtor has not responded with evidence establishing that the property is not declining in value or that movant is adequately protected. Appearances waived.
There is no evidence that the debtor has made or tendered any payments to movant since the petition date. Accordingly, the Court finds "cause" for termination of the stay under 11 U.S.C. § 362(d)(1). Furthermore, the Court finds that the filing of the petition was part of a scheme to hinder, delay or defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or Court approval and multiple bankruptcy filings affecting the subject real property. 11 U.S.C. § 362(d)(4).
The 14-day period specified in FRBP 4001(a)(3) is waived. Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this
10:00 AM
title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11
U.S.C. § 362(d)(4). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Jorge Hernandez Pro Se
Movant(s):
Bank of New York Mellon Trust Represented By
Nathan F Smith Christina J O
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
U.S. BANK TRUST, N.A. VS
DEBTOR
Docket 45
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant has established a prima facie case that cause exists, and debtor has not responded with evidence establishing that the property is not declining in value or that movant is adequately protected. Appearances waived.
There is no evidence that the debtor has made or tendered any payments to movant since the petition date. Accordingly, the Court finds "cause" for termination of the stay under 11 U.S.C. § 362(d)(1). Furthermore, the Court finds that the filing of the petition was part of a scheme to hinder, delay or defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or Court approval and multiple bankruptcy filings affecting the subject real property. 11 U.S.C. § 362(d)(4).
The 14-day period specified in FRBP 4001(a)(3) is waived. Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after
10:00 AM
the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11
U.S.C. § 362(d)(4). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Jorge Hernandez Pro Se
Movant(s):
U.S. Bank Trust, N.A., as Trustee for Represented By
Merdaud Jafarnia
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
BRUCE HYMANSON VS
DEBTOR
Docket 88
Debtor filed a non-opposition to the motion on August 27, 2019.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to proceed with Mad Dogg Athletics, Inc. v. Hymanson, Inc., dba Bodyblade which is an appeal of the Superior Court's Judgment entered January 28, 2019 currently pending involving the debtor in a nonbankruptcy forum. Although the term "cause" is not defined in the Code, courts in the Ninth Circuit have granted relief from the stay under § 362(d)(1) when necessary to permit pending litigation to be concluded in another forum. See, e.g., Christensen v. Tucson Estates, Inc. (In re Tucson Estates, Inc.), 912 F.2d 1162, 1166 (9th Cir. 1990) stating that "[w]here a bankruptcy court may abstain from deciding issues in favor of an imminent state court trial involving the same issues, cause may exist for lifting the stay as to the state court trial"); Packerland Packing Co. v. Griffith Brokerage Co. (In re Kemble), 776 F.2d 802, 807 (9th Cir. 1985) (affirming an order lifting the stay to permit a creditor to pursue a conversion and fraudulent conveyance action pending in the federal district court following a remand of the case by the appellate court for a retrial on the damages issue).
Here, the Court finds cause to permit the pending litigation to be concluded in a non-bankruptcy forum. Movant may proceed in the non- bankruptcy forum to final judgment (including any appeals) in accordance with applicable non-bankruptcy law. However, the automatic stay shall remain in effect with respect to enforcement of any judgment against Debtor and/or estate property, except for filing of a Proof of Claim and/or timely bringing a non-dischargeability adversary proceeding.
10:00 AM
The 14-day period specified in Fed.R.Bankr.P. 4001(a)(3) is waived.
All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Appearances waived.
Mad Dogg Athletics, Inc. Represented By David S Kupetz Asa S Hami Cathy Ta
Movant(s):
Bruce Hymanson Represented By Robert P Goe
Elizabeth A LaRocque
10:00 AM
NORTHEAST BANK VS
DEBTOR
Docket 40
Pursuant to LBR 5005-2(d), movant is required to serve a "Judge's Copy" on chambers in the manner, and not later than the deadline, set forth in the Court Manual. In this case, the Court did not receive a Judge's Copy of the motion and; thus, was unable to review the contents therein.
Accordingly, the Court takes this matter OFF CALENDAR. Movant is to select a new available hearing date, provide notice of the new hearing date to all interested parties, and provide chambers with a Judge's Copy of the motion. Appearances waived.
Debtor(s):
Luis Carlos Flores Represented By Lionel E Giron Joanne P Sanchez
Joint Debtor(s):
Teresa Flores Represented By
Lionel E Giron Joanne P Sanchez
Movant(s):
Northeast Bank Represented By
10:00 AM
Michael S Greger William W Huckins
10:00 AM
ROY ANTHONY CATELLANOS VS
DEBTOR fr. 8-13-19
Docket 211
- NONE LISTED -
Debtor(s):
Scoobeez Represented By
Ashley M McDow Shane J Moses
Movant(s):
Roy Anthony Catellanos Represented By
Akop J Nalbandyan
10:00 AM
AUTURO VEGA VS
DEBTOR
FR 7-16-19, 7-30-19, 9-3-19
Stipulationfor limited relief from stay filed 9/6/19
Docket 156
None.
Debtor(s):
Scoobeez Represented By
Ashley M McDow Shane J Moses
Movant(s):
Arturo Vega Represented By
Eric K Yaeckel
10:00 AM
Telephonic Hearing
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
fr 6-25-19; 7-16-19, 8-27-19
Docket 76
None.
Debtor(s):
Katherine Marie Akingbade Represented By Brad Weil
Movant(s):
U.S. Bank National Association as Represented By
Ashish R Rawat Diane Weifenbach
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:19-01199 Crescent Associates LLC v. Epco Consultants Inc
quiet title
slander of title
cancellation of recorded documents; and
declaratory relief fr. 9-3-19
Docket 1
None.
Debtor(s):
Crescent Associates, LLC. Represented By Robert M Yaspan
Defendant(s):
Epco Consultants Inc Pro Se
Plaintiff(s):
Crescent Associates LLC Represented By Robert M Yaspan
2:00 PM
Adv#: 2:18-01341 Avery v. Posada et al
Docket 36
- NONE LISTED -
Debtor(s):
Luis Posada Represented By
Raymond Perez Michael A Cisneros
Defendant(s):
Luis Posada Represented By
Michael A Cisneros
Evangelina Posada Represented By Michael A Cisneros
ARCADIO POSADA Represented By
Vanessa M Haberbush
Anita Posada Represented By
Vanessa M Haberbush
Movant(s):
ARCADIO POSADA Represented By
Vanessa M Haberbush
Anita Posada Represented By
Vanessa M Haberbush
2:00 PM
ARCADIO POSADA Represented By
Vanessa M Haberbush
Anita Posada Represented By
Vanessa M Haberbush
Plaintiff(s):
Wesley H. Avery Represented By Gennady L Lebedev
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
Adv#: 2:18-01381 Garza v. Cardona
fr. 1-22-19; 1-29-19; 4-2-19; 6-4-19; 6-25-19, 9-3-19
Docket 1
None.
Debtor(s):
Mario G. Cardona Represented By Jaenam J Coe
Defendant(s):
Mario G. Cardona Pro Se
Plaintiff(s):
Daniel Garza Represented By
Baruch C Cohen
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 0
- NONE LISTED -
1:30 PM
U.S.C. §1307(c)
fr. 9-20-17; 11-15-17; 1-31-18; 3-28-18; 4-18-18
6-27-18; 9-12-18; 11-14-18; 2-6-19; 4-10-19; 5-29-19
Docket 60
- NONE LISTED -
Debtor(s):
Inna Dmitriev Represented By Elena Steers
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 7-3-19
Docket 52
- NONE LISTED -
Debtor(s):
Shirley Ann Barnes Represented By Leon D Bayer
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 7-3-19
Docket 51
- NONE LISTED -
Debtor(s):
Regina Gale Willis Represented By Jacqueline D Serrao
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3-27-19; 5-29-19; 7-31-19
Docket 101
- NONE LISTED -
Debtor(s):
Timothy Joseph Bussio Represented By Joshua L Sternberg
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 6-26-19
Docket 35
- NONE LISTED -
Debtor(s):
Maria Agnes Ahyong Miranda Represented By
Hasmik Jasmine Papian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3-13-19; 4-24-19
fr 7-3-19
Docket 45
- NONE LISTED -
Debtor(s):
Alejandro Villarreal Sanchez Represented By Raymond Perez
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3-27-19; 5-8-19
fr 7-3-19
Docket 33
- NONE LISTED -
Debtor(s):
Edis Zamora Represented By
Luis G Torres
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 56
- NONE LISTED -
Debtor(s):
Juan V Hurtado Represented By Daniela P Romero
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 30
- NONE LISTED -
Debtor(s):
Larry J. Ortiz Jr. Represented By Sam Benevento
Joint Debtor(s):
Isabel M. Ortiz Represented By Sam Benevento
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 94
- NONE LISTED -
Debtor(s):
Gloria Martinez Represented By William J Smyth
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 38
- NONE LISTED -
Debtor(s):
Orson Van Gay Represented By Scott Kosner
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 32
- NONE LISTED -
Debtor(s):
Jose Rigoberto Aguilar Represented By Donald E Iwuchuku
Joint Debtor(s):
Maria Trinidad Aguilar Represented By Donald E Iwuchuku
Movant(s):
Jose Rigoberto Aguilar Represented By Donald E Iwuchuku
Maria Trinidad Aguilar Represented By Donald E Iwuchuku
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 4-10-19; 6-5-19, 8-14-19
Docket 29
- NONE LISTED -
Debtor(s):
Jose Rigoberto Aguilar Represented By Donald E Iwuchuku
Joint Debtor(s):
Maria Trinidad Aguilar Represented By Donald E Iwuchuku
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 47
- NONE LISTED -
Debtor(s):
Guilmar Alfredo Ruano Represented By Brian J Soo-Hoo
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 29
- NONE LISTED -
Debtor(s):
Mona Lynn Clayton Represented By Steven A Alpert
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 96
- NONE LISTED -
Debtor(s):
Gloria Jackson Represented By
Rabin J Pournazarian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 40
- NONE LISTED -
Debtor(s):
Beatriz Raya Represented By
Nicholas Nicholas Wajda
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 96
- NONE LISTED -
Debtor(s):
Gabriel Santana Represented By David Lozano
Joint Debtor(s):
Lorena Santana Represented By David Lozano
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 24
- NONE LISTED -
Debtor(s):
Danisha Shana McCall Represented By David Lozano
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 66
- NONE LISTED -
Debtor(s):
Linda Judy Glau Represented By Michael E Clark Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 6-26-19, 8-28-19
Docket 55
- NONE LISTED -
Debtor(s):
Linda Judy Glau Represented By Michael E Clark Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 32
- NONE LISTED -
Debtor(s):
Cynthia Campbell Kennedy Represented By Steven A Alpert
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 6-26-19; 8-14-19
Docket 23
Debtor(s):
Shannon D Perez Represented By Axel H Richter
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 1
- NONE LISTED -
Debtor(s):
Shannon D Perez Represented By Axel H Richter
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
by Claimant Francisco Conejo, Octavio Moya, Rogelio Montezuma
Docket 36
The Court notes that an Opposition was filed on August 28, 2019.
Pursuant to LBR 5005-2(d), movant is required to serve a "Judge's Copy" on chambers in the manner, and not later than the deadline, set forth in the Court Manual. In this case, the Court did not receive a Judge's Copy of the motion and; thus, was unable to review the contents therein.
Additionally, as a courtesy Movant's attorney's office was notified that a Judge's Copy must be delivered to chambers by September 9, 2019 at 4:00
p.m. Movant's counsel delivered a partial judges copy that did not comply with the Court Manual--it was printed doublesided and failed to attach any exhibits. The motion with exhibits is over 280 pages. The Court cannot consider the matter without the full motion. Accordingly, the Court takes this matter OFF CALENDAR. Movant is to select a new available hearing date, provide notice of the new hearing date to all interested parties, and provide chambers with a complete Judge's Copy of the motion. Appearances waived.
Debtor(s):
Raymond Ismail Alda Represented By Robert S Altagen
Movant(s):
Raymond Ismail Alda Represented By Robert S Altagen Robert S Altagen
1:30 PM
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 25
None.
Debtor(s):
Rodrigo E Chacon Pro Se
Movant(s):
Nancy K Curry (TR) Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
#17.10 Status Conference re Objection to Claim #1 by Claimant Radin Co
Docket 0
None.
Debtor(s):
Brian G Newton Represented By Matthew D. Resnik
M. Jonathan Hayes
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 50
No opposition was filed.
Debtor seeks to value debtor’s residence at a fair market value of
$510,000.00 as of December 4, 2018. The subject property is encumbered by a first deed of trust lien held by Caliber Home Loans, Inc., securing a loan with a balance as of the petition date of approximately $538,804.54, a second deed of trust held by Axel Bail Bonds, securing a loan with a balance as of the petition date of approximately $80,000.00, and a third deed of trust held by Montana Bail Bonds, securing a loan with a balance as of the petition date of approximately $100,000.00. The valuation motion is supported by evidence as to the value of the subject property. The content of the notice meets the due process requirement that it be "reasonably calculated, under all of the circumstances, to apprise interested parties of the pendency of the action and to afford them the opportunity to present their objections." Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 314 (1950). Therefore, Montana Bail Bond’s claim secured by a junior deed of trust lien is completely under-collateralized.
The debtor’s motion is GRANTED. The claim of the junior lienholder is to be treated as an unsecured claim and to be paid through the plan pro rata with all other unsecured claims. The beneficiary of the trust deed encumbered by the junior lien will retain its lien against the subject property to the extent recognized by applicable nonbankruptcy law unless and until the debtor fully performs under the chapter 13 plan and the debtor receives a discharge pursuant to 11 U.S.C. § 1328. Upon the completion of all payments under the chapter 13 plan and upon entry of a discharge pursuant to 11 U.S.C. § 1328 in this case, the junior lien arising from the deed of trust against the subject property will be void and will not constitute an encumbrance on the subject property.
1:30 PM
Pursuant to LBR 9021-1(b)(1)(B), debtors must serve and lodge a proposed order via LOU within 7 days of the hearing. Appearances waived.
Debtor(s):
Domitila Garcia Represented By William G Cort
Movant(s):
Domitila Garcia Represented By William G Cort William G Cort
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 51
No opposition filed.
Debtor seeks to value debtor’s residence at a fair market value of
$510,000.00 as of December 4, 2018. The subject property is encumbered by a first deed of trust lien held by Caliber Home Loans, Inc., securing a loan with a balance as of the petition date of approximately $538,804.54, a second deed of trust held by Axel Bail Bonds, securing a loan with a balance as of the petition date of approximately $80,000.00, and a third deed of trust held by Montana Bail Bonds, securing a loan with a balance as of the petition date of approximately $100,000.00. The valuation motion is supported by evidence as to the value of the subject property. The content of the notice meets the due process requirement that it be "reasonably calculated, under all of the circumstances, to apprise interested parties of the pendency of the action and to afford them the opportunity to present their objections." Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 314 (1950). No opposition was filed. Therefore, Axel Bail Bond’s claim secured by a junior deed of trust lien is completely under-collateralized.
The debtor’s motion is GRANTED. The claim of the junior lienholder is to be treated as an unsecured claim and to be paid through the plan pro rata with all other unsecured claims. The beneficiary of the trust deed encumbered by the junior lien will retain its lien against the subject property to the extent recognized by applicable nonbankruptcy law unless and until the debtor fully performs under the chapter 13 plan and the debtor receives a discharge pursuant to 11 U.S.C. § 1328. Upon the completion of all payments under the chapter 13 plan and upon entry of a discharge pursuant to 11 U.S.C. § 1328 in this case, the junior lien arising from the deed of trust against the subject property will be void and will not constitute an encumbrance on the subject property.
1:30 PM
Pursuant to LBR 9021-1(b)(1)(B), debtors must serve and lodge a proposed order via LOU within 7 days of the hearing. Appearances waived.
Debtor(s):
Domitila Garcia Represented By William G Cort
Movant(s):
Domitila Garcia Represented By William G Cort William G Cort
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 27
None.
Debtor(s):
Janice Asuncion Pabalan Represented By Nicholas W Gebelt
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Trustee with an Order Directing Payment of Quarterly Fees and for Judgment Thereon
Docket 15
None.
Debtor(s):
Corey Demon Sims Pro Se
Movant(s):
United States Trustee (LA) Represented By Alvin Mar
10:00 AM
fr. 9-5-19
Docket 12
None.
Debtor(s):
Corey Demon Sims Pro Se
10:00 AM
fr 12-6-18; 4-11-19, 4-25-19; 6-27-19
Docket 0
None.
Debtor(s):
Crescent Associates, LLC. Represented By Robert M Yaspan
10:00 AM
Docket 186
No opposition having been filed, and good cause appearing, the motion is GRANTED. The court grants a discharge and the debtor's bankruptcy case shall be closed. Debtor shall upload an appropriate order via the court's LOU system. Appearances waived.
Debtor(s):
Chol H Sin Represented By
Jerome S Cohen Steven B Lever
10:00 AM
Docket 71
None.
Debtor(s):
Mad Dogg Athletics, Inc. Represented By David S Kupetz Asa S Hami Cathy Ta
10:00 AM
fr 6-6-19; 7-11-19
Docket 85
- NONE LISTED -
Debtor(s):
Expressway Deliveries, Inc. Represented By
J. Bennett Friedman
2:00 PM
David M Goodrich
Docket 82
None.
Final Ruling. This fee application has been set for hearing on the notice required by LBR 9013-1(d)(2) and other applicable rules. The failure of the debtor and parties in interest to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(f) is considered as consent to the granting of the motion. LBR 9013-1(h). CF. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). No appearance is allowed.
David M. Goodrich. David M. Goodrich ("Trustee") has filed a Final Report and Application for Compensation and reimbursement of expenses pursuant to 11 U.S.C. §§ 326 & 330. Trustee has itemized $8,474.92 in fees and $120.50 in expenses, for a total of $8,595.42. No creditor or other party in interest, including the United States trustee, has filed an objection to the application.
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee’s services, payable after the trustee renders such services, not to exceed 25% of the first $5,000 or less, 10% on any amounts in excess of $5,000 but not in excess of
$50,000, 5% on any amount in excess of $50,000 but not in excess of
$1,000,000, and reasonable compensation not to exceed 3% of such moneys
2:00 PM
in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
In this case, the total money disbursed or turned over in the case by the Trustee to parties in interest, excluding the debtor, is $104,498.31. There being no extraordinary circumstances present in this case, the trustee’s requested compensation is presumed reasonable since it is sought at the statutory rate. In re Salgado-Nava, 473 B.R. 911 (9th Cir. BAP 2012).
The court finds that the Trustee’s requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is APPROVED.
Trustee to lodge an appropriate order.
Debtor(s):
Consuelo Munoz Represented By Jeffrey S Shinbrot
Trustee(s):
David M Goodrich (TR) Represented By Wesley H Avery
2:00 PM
(Wesley Avery)
Docket 79
Law Offices of Wesley H. Avery, APC: The court has reviewed the Application of the Law Offices of Wesley H. Avery, APC for the Allowance of Fees and Reimbursement of Expenses. The court GRANTS the Application and awards $37153.50 in fees and $208.63 in expenses, for a total of
$37,362.13. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Debtor(s):
Trustee is to lodge an appropriate order.
Consuelo Munoz Represented By Jeffrey S Shinbrot
Trustee(s):
David M Goodrich (TR) Represented By Wesley H Avery
2:00 PM
Docket 80
Menchaca & Company LLP: The court has reviewed the Application of Menchaca & Company LLP for the Allowance of Fees and Reimbursement of Expenses. The court GRANTS the Application and awards $4,828.50 in fees and $35.90 in expenses, for a total of $4,864.40. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Trustee is to lodge an appropriate order.
Debtor(s):
Consuelo Munoz Represented By Jeffrey S Shinbrot
Trustee(s):
David M Goodrich (TR) Represented By Wesley H Avery
2:00 PM
Stipulation to continue hearing filed 9/6/19
Docket 72
Based on the stipulatiom of the parties, this matter is continued to November 7, 2019 at 2:00 p.m. Appearances waived.
Debtor(s):
Kenneth C Chew Pro Se
Movant(s):
Wesley H Avery (TR) Represented By David M Goodrich
Trustee(s):
Wesley H Avery (TR) Represented By David M Goodrich
2:00 PM
Docket 13
None.
Debtor(s):
Uwe Backer Represented By
Joshua L Sternberg
Movant(s):
Uwe Backer Represented By
Joshua L Sternberg
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
fr 3-19-19; 6-6-19; 6-27-19; 8-1-19; 9-5-19
Docket 292
None.
Debtor(s):
PH DIP, Inc Represented By
Robert P Goe Stephen Reider
Movant(s):
PH DIP, Inc Represented By
Robert P Goe Stephen Reider
2:00 PM
Adv#: 2:19-01289 4402 Mammoth Investors, LLC, A California Limited v. Stonehaven LLC
Docket 3
- NONE LISTED -
Debtor(s):
4402 Mammoth Investors, LLC Represented By Mark T Young
Greenberg Glusker
Defendant(s):
Stonehaven LLC Represented By Michael H Weiss Kevin J Leichter
Plaintiff(s):
4402 Mammoth Investors, LLC, A Represented By
Mark T Young
2:00 PM
Docket 22
None.
Debtor(s):
Lowell Warner Anderson Represented By Donald E Iwuchuku
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
AMERICREDIT FINANCIAL SERVICES, INC VS
DEBTOR
Docket 28
None.
Debtor(s):
Ruben Rodriguez Represented By Ruben Fuentes
Movant(s):
Americredit Financial Services, Inc., Represented By
Jennifer H Wang
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
CAPITAL ONE AUTO FINANCE VS
DEBTOR
Docket 42
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's 2014 Nissan Sentra. The debtor has failed to pay 9 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Eddy M. Diaz Represented By
Julie J Villalobos
Joint Debtor(s):
Luz Diaz Represented By
10:00 AM
Movant(s):
Julie J Villalobos
Capital One Auto Finance, a division Represented By
Cheryl A Skigin
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
AMERICAN HONDA FINANCE CORPORATION
VS DEBTOR
Docket 26
- NONE LISTED -
Debtor(s):
Dennis W Ball Jr. Represented By David S Hagen
Joint Debtor(s):
Monique Ball Represented By David S Hagen
Movant(s):
AMERICAN HONDA FINANCE Represented By
Vincent V Frounjian
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
FINANCIAL SERVICES VEHICLE TRUST VS
DEBTOR
Docket 19
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's 2017 BMW i3 Range Extender Hatchback 4D. The debtor has failed to pay 5 post-petition payments. Also, the chapter 13 plan calls for surrender of the Property. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Don Edwin Matutina Represented By
Hasmik Jasmine Papian
10:00 AM
Joint Debtor(s):
Margarita Aguilar Matutina Represented By
Hasmik Jasmine Papian
Movant(s):
Financial Services Vehicle Trust Represented By
Cheryl A Skigin
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
MECHANICS BANK VS
DEBTOR
Stipulation for adequate protection filed 9/16/19
Docket 30
The Court entered an order approving the parties adequate protection stipulation. This matter is OFF CALENDAR. Appearances waived.
Debtor(s):
Joseph Chris Jinzo Jr. Represented By Nima S Vokshori
Movant(s):
MECHANICS BANK Represented By Vincent V Frounjian
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
NATIONSTAR MORTGAGE LLC VS
DEBTOR fr 7-16-19
Docket 27
None.
Debtor(s):
Annabelle Dinsay Anderson Represented By Michael E Clark Barry E Borowitz
Movant(s):
Nationstar Mortgage LLC as Represented By
Dane W Exnowski Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
US BANK TRUST NA VS
DEBTOR
fr 7-30-19, 8-27-19
Docket 45
- NONE LISTED -
Debtor(s):
Noe M Urias Represented By
James Bryant
Joint Debtor(s):
Lucila Urias Represented By
James Bryant
Movant(s):
US Bank Trust NA Represented By
Lemuel Bryant Jaquez
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
US BANK TRUST NA VS
DEBTOR
fr 7-30-19, 8-27-19
Docket 43
- NONE LISTED -
Debtor(s):
Leona E. Williams Represented By Thomas B Ure
Movant(s):
US Bank Trust NA Represented By
Lemuel Bryant Jaquez
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
ABS REO TRUST VI VS
DEBTOR
Docket 39
None.
Debtor(s):
Rogelio Ferreira Castro Represented By William G Cort
Movant(s):
ABS REO Trust VI Represented By Merdaud Jafarnia Robert P Zahradka
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Docket 61
None.
Debtor(s):
Irey Dolores Hilsman Represented By Kathleen A Moreno
Movant(s):
U.S. Bank National Association as Represented By
Ashish R Rawat Diane Weifenbach
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DEUTSCHE BANK NATIONAL TRUST COMPANY
VS DEBTOR
Docket 32
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Jose Guadalupe Aguilar Represented By Joshua L Sternberg
10:00 AM
Movant(s):
Deutsche Bank National Trust Represented By
Erica T Loftis Pacheco
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
MEB LOAN TRUST VS
DEBTOR
Stipulation for adequate protection filed 9/20/19
Docket 55
None.
Debtor(s):
Louie Jose Quintanar Represented By William G Cort
Movant(s):
MEB Loan Trust Represented By Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Docket 38
None.
Debtor(s):
Bobbie Y Lyons Represented By Nima S Vokshori
Movant(s):
U.S. Bank National Association as Represented By
Ashish R Rawat Diane Weifenbach
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
BANK OF THE WEST VS
DEBTOR
Docket 33
- NONE LISTED -
Debtor(s):
Jose Gerardo Cortes Represented By Matthew D. Resnik
Movant(s):
Bank of the West Represented By Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DEUTSCHE BANK NATIONAL TRUST COMPANY
VS DEBTOR
Docket 25
A stipulation to continue the matter was filed in this case. The Court will review the stipulation and enter an order approving the stipulation.
Accordingly, this matter is CONTINUED to October 15, 2019 at 10:00 a.m. Appearances waived.
Debtor(s):
Isaac Vizcarra Represented By Jaime A Cuevas Jr.
Movant(s):
Deutsche Bank National Trust Represented By Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
CALIFORNIA HOUSING FINANCE AGENCY VS
DEBTOR
Docket 36
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Lilian A Weaver Represented By Philip O Falese
Movant(s):
California Housing Finance Agency Represented By
10:00 AM
Trustee(s):
Mark S Krause
Nancy K Curry (TR) Pro Se
10:00 AM
DCELK IRREVOCABLE TRUST VS
DETOR
Docket 24
Pursuant to LBR 5005-2(d), movant is required to serve a "Judge's Copy" on chambers in the manner, and not later than the deadline, set forth in the Court Manual. In this case, the Court did not receive a Judge's Copy of the motion and; thus, was unable to review the contents therein.
Accordingly, the Court takes this matter OFF CALENDAR. Movant is to select a new available hearing date, provide notice of the new hearing date to all interested parties, and provide chambers with a Judge's Copy of the motion. Appearances waived.
Debtor(s):
Guadalupe Avila Represented By Kelly L Casado
Movant(s):
DCELK Irrevocable Trust Represented By Daniel I Singer
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 13
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on August 27, 2019. This motion was filed on August 29, 2019, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to the secured creditor listed on page 3 of the motion. Pursuant to the evidence presented, the Court GRANTS the relief requested
10:00 AM
in the motion based upon an apparent change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Julio Gaudencio Martinez Martinez Represented By
Claudia C Osuna
Movant(s):
Julio Gaudencio Martinez Martinez Represented By
Claudia C Osuna
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DAIMLER TRUST VS
DEBTOR
Docket 13
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is the lessor of debtor's 2018 Mercedes-Benz GLE550E4. Debtors have voluntarily surrendered the vehicle to Movant postpetition. This is "cause" to terminate the stay under 11 U.S.C. § 362(d) (1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Hamlet Cloud Muradyan Represented By Jeffrey J Hagen
Joint Debtor(s):
Knarik Kate Muradyan Represented By
10:00 AM
Movant(s):
Jeffrey J Hagen
Daimler Trust Represented By
Jennifer H Wang
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
PENNYMAC LOAN SERVICES,LLC VS
DEBTOR
Docket 65
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Since a chapter 7 case does not contemplate reorganization, the sole issue before the court when stay relief is sought under 11 U.S.C. § 362(d)(2) is whether the debtor has equity in the property. See e.g., Nev. Nat’l Bank v. Casgul of Nev., Inc. (In re Casgul of Nev., Inc.), 22 B.R. 65, 66 (9th Cir. BAP 1982); Ramco Indus. v. Preuss (In re Preuss), 15 B.R. 896 (9th Cir. BAP 1981). Appearances waived.
In this case, the debtor was delinquent on the loan secured by the subject property at the time this motion was filed. There is no evidence that debtor or trustee has made or tendered any payments to movant since commencement of the case. The trustee has filed a no asset report. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1).
The 14-day stay of FRBP 4001(a)(3) is ordered waived due to the fact that the movant’s collateral is being used by the debtor without compensation and is depreciating in value. All other relief is denied.
The movant shall submit an appropriate order.
10:00 AM
Debtor(s):
Marcus Joseph Veal Represented By Allan S Williams
Joint Debtor(s):
Camille Veal Represented By
Allan S Williams
Movant(s):
PennyMac Loan Services, LLC, and Represented By
Christina J O
Trustee(s):
John J Menchaca (TR) Pro Se
10:00 AM
DEUTSCHE BANK NATIONAL TRUST COMPANY
VS DEBTOR
Docket 77
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is the lessor of debtor's 2018 Mercedes-Benz GLE550E4. The debtor has failed to pay post-petition payments lease payments. Further, the debtor voluntarily relinquished the vehicle to movant on August 10, 2019. This is "cause" to terminate the stay under 11
U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Kenneth C Chew Pro Se
10:00 AM
Movant(s):
DEUTSCHE BANK NATIONAL Represented By
Sean C Ferry
Trustee(s):
Wesley H Avery (TR) Represented By David M Goodrich
10:00 AM
CASA VERDE ESTATES HOMEOWNERS ASSOCIATION
VS DEBTOR
Docket 51
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its lawful remedies under the CC&Rs and nonbankruptcy law to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. §
501. The Court finds that the filing of the petition was part of a scheme to hinder, delay or defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or Court approval and multiple bankruptcy filings affecting the subject real property. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11
U.S.C. § 362(d)(4). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Jorge Hernandez Pro Se
Movant(s):
Casa Verde Estates Homeowners Represented By
Mark D Estle
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
REVERSE MORTGAGE FUNDING LLC VS
DEBTOR
Docket 53
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. The Court finds that the filing of the petition was part of a scheme to hinder, delay or defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or Court approval and multiple bankruptcy filings affecting the subject real property. 11 U.S.C. § 362(d)(4). This is cause to terminate the automatic stay. Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11
U.S.C. § 362(d)(4). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Jorge Hernandez Pro Se
Movant(s):
Reverse Mortgage Funding, LLC Represented By
Merdaud Jafarnia
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
Docket 55
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. The Court finds that the filing of the petition was part of a scheme to hinder, delay or defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or Court approval and multiple bankruptcy filings affecting the subject real property. 11 U.S.C. § 362(d)(4). This is cause to terminate the automatic stay. Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11
U.S.C. § 362(d)(4). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Jorge Hernandez Pro Se
Movant(s):
Bank of New York Mellon Trust Represented By
Nathan F Smith Christina J O
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
LAW OFFICES OF DAVID TILEM VS
DEBTOR
Docket 183
This case was converted to chapter 7 on August 27, 2019 and Elissa
D. Miller was appointed chapter 7 trustee on September 20, 2019. The motion for relief from stay must be served on the chapter 7 trustee and she must be given an opportunity to respond. The court continues the hearing on the motion to October 15, 2019 at 10:00 a.m. to allow movant to serve the chapter 7 trustee with the motion. The motion must be served by September 25, 2019 and the Trustee's response shall be due by October 2, 2019 and any reply shall be filed by October 9, 2019. Appearances waived.
Debtor(s):
Stanley Swain's, Inc. Represented By Steven R Fox Janis G Abrams
Movant(s):
Law Offices of David Tilem Represented By David A Tilem
10:00 AM
MAGNUM PROPERTY INVESTMENTS, LLC VS
DEBTOR
Request to continue hearing filed 9-20-19
Docket 52
None.
Debtor(s):
Faithie Lee Parker Pro Se
Movant(s):
Magnum Property Investments, LLC Represented By
Lane M Nussbaum
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 10
None.
Debtor(s):
German Aldana Sanchez Represented By Lionel E Giron
Movant(s):
German Aldana Sanchez Represented By Lionel E Giron
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01381 Garza v. Cardona
fr. 1-22-19; 1-29-19; 4-2-19; 6-4-19; 6-25-19, 9-3-19; 9-10-19
Docket 1
None.
Debtor(s):
Mario G. Cardona Represented By Jaenam J Coe
Defendant(s):
Mario G. Cardona Pro Se
Plaintiff(s):
Daniel Garza Represented By
Baruch C Cohen
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:19-01187 Avery v. Chew
§§ 727(a)(2), 727(a)(4), and 727(a)(6)
Clerk has Entered Default Against Defendant(s) Kenneth C Chew on 7/26/19
Docket 1
The status conference is continued to October 1, 2019 at 2:00 p.m.
Appearances waived.
Debtor(s):
Kenneth C Chew Pro Se
Defendant(s):
Kenneth C Chew Pro Se
Plaintiff(s):
Wesley H. Avery Represented By David M Goodrich
Trustee(s):
Wesley H Avery (TR) Represented By David M Goodrich
2:00 PM
fr. 8-14-19
Docket 107
None.
Debtor(s):
Joseph Hoats Represented By
Alan W Forsley
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
fr 8-1-19; (trailed from 10:00 a.m. calendar 8/22/19); 8-22-19, 8-27-19
Docket 740
None.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
2:00 PM
Adv#: 2:19-01129
Point.360, a California Corporation et al v. Medley Capital Corporation et al Telephonic Hearing
Mandatory Subordination;
Objection to Claim; and
Lien Avoidance
[11 U.S.C. Sections 502(b)(1); 510(b); 506(d)]
Complaint for:
fr 7-16-19, 8-13-19
Docket 1
None.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
Defendant(s):
Medley Capital Corporation Pro Se
Medley Opportunity Fund II LP Pro Se
Plaintiff(s):
Point.360, a California Corporation Represented By
Lewis R Landau
Committee of Creditors Holding Represented By
Lewis R Landau
2:00 PM
Daren Brinkman
2:00 PM
Adv#: 2:18-01298 Preferred Bank v. EBF Partners, LLC et al
Docket 73
None.
Debtor(s):
PH DIP, Inc Represented By
Robert P Goe Stephen Reider
Defendant(s):
EBF Partners, LLC Represented By Eric Tsai
Yellowstone Capital West LLC Represented By
Lei Lei Wang Ekvall Timothy W Evanston
Citi Capital LLC Pro Se
1 West Capital LLC Pro Se
Plaintiff(s):
Preferred Bank Represented By Gerrick Warrington Michael G Fletcher
2:00 PM
Adv#: 2:18-01298 Preferred Bank v. EBF Partners, LLC et al
Docket 72
None.
Debtor(s):
PH DIP, Inc Represented By
Robert P Goe Stephen Reider
Defendant(s):
EBF Partners, LLC Represented By Eric Tsai
Yellowstone Capital West LLC Represented By
Lei Lei Wang Ekvall Timothy W Evanston
Citi Capital LLC Pro Se
1 West Capital LLC Pro Se
Plaintiff(s):
Preferred Bank Represented By Gerrick Warrington Michael G Fletcher
2:00 PM
9075-1
Docket 3
None.
Debtor(s):
Parking Management Services of Represented By
Alla Tenina
1:30 PM
(located at 2250 Old Nadeau Road, Palmdale, CA)
Docket 95
This matter is CONTINUED to October 16, 2019 at 1:30 p.m.
Appearances waived.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Movant(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber
Raymonda Jean Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 8-28-19
Docket 83
This matter is CONTINUED to October 16, 2019 at 1:30 p.m.
Appearances waived.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Movant(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber
Raymonda Jean Jarvis Represented By
Richard Mark Garber
1:30 PM
Trustee(s):
Richard Mark Garber Richard Mark Garber
Nancy K Curry (TR) Pro Se
1:30 PM
Parcel No #3053-024-058, vacant land
fr 3-13-19; 6-5-19; 6-26-19; 7-31-19
fr. 8-28-19
Docket 32
This matter is CONTINUED to October 16, 2019 at 1:30 p.m.
Appearances waived.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Parcel #3053-024-058, vacant land
fr 3-13-19; 6-5-19; 6-26-19; 7-31-19
fr. 8-28-19
Docket 33
This matter is CONTINUED to October 16, 2019 at 1:30 p.m.
Appearances waived.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Parcel #3053-024-059, vacant land
fr 3-13-19; 6-5-19; 6-26-19; 7-31-19
fr. 8-28-19
Docket 34
This matter is CONTINUED to October 16, 2019 at 1:30 p.m.
Appearances waived.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Parcel #3053-024-059, vacant land
fr 3-13-19; 6-5-19; 6-26-19; 7-31-19
fr. 8-28-19
Docket 35
This matter is CONTINUED to October 16, 2019 at 1:30 p.m.
Appearances waived.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Parcel #3053-024-060, vacant land
fr 3-13-19; 6-5-19; 6-26-19; 7-31-19
fr. 8-28-19
Docket 36
This matter is CONTINUED to October 16, 2019 at 1:30 p.m.
Appearances waived.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Parcel #3053-024-060, vacant land
fr 3-13-19; 6-5-19; 6-26-19; 7-31-19
fr. 8-28-19
Docket 37
This matter is CONTINUED to October 16, 2019 at 1:30 p.m.
Appearances waived.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Property 2250 Old Nadeau Road, Palmdale
fr 3-13-19; 6-5-19; 6-26-19; 7-31-19
fr. 8-28-19
Docket 44
This matter is CONTINUED to October 16, 2019 at 1:30 p.m.
Appearances waived.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Movant(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber
Raymonda Jean Jarvis Represented By
Richard Mark Garber Richard Mark Garber
1:30 PM
Trustee(s):
Richard Mark Garber
Nancy K Curry (TR) Pro Se
1:30 PM
2250 Old Nadeau Road, Palmdale
fr 3-13-19; 6-5-19; 6-26-19; 7-31-19
fr. 8-28-19
Docket 45
This matter is CONTINUED to October 16, 2019 at 1:30 p.m.
Appearances waived.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Movant(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber
Raymonda Jean Jarvis Represented By
Richard Mark Garber Richard Mark Garber
1:30 PM
Trustee(s):
Richard Mark Garber
Nancy K Curry (TR) Pro Se
1:30 PM
2264 Old Nadeau Road, Palmdale
fr 3-13-19; 6-5-19; 6-26-19; 7-31-19
fr. 8-28-19
Docket 46
This matter is CONTINUED to October 16, 2019 at 1:30 p.m.
Appearances waived.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Movant(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber
Raymonda Jean Jarvis Represented By
Richard Mark Garber Richard Mark Garber
1:30 PM
Trustee(s):
Richard Mark Garber
Nancy K Curry (TR) Pro Se
1:30 PM
2264 Old Nadeau Road, Palmdale
fr 3-13-19; 6-5-19; 6-26-19; 7-31-19
fr. 8-28-19
Docket 47
This matter is CONTINUED to October 16, 2019 at 1:30 p.m.
Appearances waived.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Movant(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber
Raymonda Jean Jarvis Represented By
Richard Mark Garber
1:30 PM
Trustee(s):
Richard Mark Garber Richard Mark Garber
Nancy K Curry (TR) Pro Se
1:30 PM
Parcel No #3053-024-038 - vacant land
fr 3-13-19; 6-5-19; 6-26-19; 7-31-19
fr. 8-28-19
Docket 48
This matter is CONTINUED to October 16, 2019 at 1:30 p.m.
Appearances waived.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Movant(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber
Raymonda Jean Jarvis Represented By
Richard Mark Garber
1:30 PM
Trustee(s):
Richard Mark Garber Richard Mark Garber
Nancy K Curry (TR) Pro Se
1:30 PM
Parcel No #3053-024-038 - vacant land
fr 3-13-19; 6-5-19; 6-26-19; 7-31-19
fr. 8-28-19
Docket 49
This matter is CONTINUED to October 16, 2019 at 1:30 p.m.
Appearances waived.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Movant(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber
Raymonda Jean Jarvis Represented By
Richard Mark Garber
1:30 PM
Trustee(s):
Richard Mark Garber Richard Mark Garber
Nancy K Curry (TR) Pro Se
4:00 PM
Adv#: 2:19-01289 4402 Mammoth Investors, LLC, A California Limited v. Stonehaven LLC
Docket 0
Debtor(s):
4402 Mammoth Investors, LLC Represented By Mark T Young
Greenberg Glusker
Defendant(s):
Stonehaven LLC Represented By Michael H Weiss Kevin J Leichter
Plaintiff(s):
4402 Mammoth Investors, LLC, A Represented By
Mark T Young
1:30 PM
Docket 95
Debtor(s):
Arnold Lydell Youngblood Represented By Dana C Bruce Crystal Johnson
Joint Debtor(s):
Sylvia Stacey Gonzales Represented By Dana C Bruce
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
fr 7-31-19
Stipulation for resolution of Motion filed 9/23/19
Docket 35
None.
Debtor(s):
Lorranie Melissande Sheldon Represented By
D Justin Harelik David Brian Lally
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
SCG ATLAS DEERWOOD, LLC VS
DEBTOR
Docket 8
On September 24, 2019, the Court entered an order dismissing the debtor's bankruptcy case.
Movant requests in the motion that "extraordinary relief" be granted by the Court. An order prohibiting for 180 days, or longer, the subsequent filing of a bankruptcy case by the debtor or by another person or entity to whom the subject property may be transferred is in the nature of an injunction not specifically authorized by the Bankruptcy Code. Johnson v. TRE Holdings LLC (In re Johnson), 346 B.R. 190, 196 (9th Cir. BAP 2006). Nor does there "appear to be direct statutory authority for an order that bans the filing of future bankruptcy cases by other persons, bans automatic stays in future cases, and authorizes the sheriff to ignore a future bankruptcy case when conducting an eviction." In re Van Ness, 399 B.R. 897, 903 (Bankr. E.D. Cal. 2009). Therefore, a motion is not the appropriate vehicle for obtaining the "extraordinary relief" requested. Movant must seek this aspect of relief by adversary proceeding. Johnson, 346 B.R. at 195. Accordingly, the Court will not retain jurisdiction to hear this matter. The hearing on this motion is now OFF CALENDAR. Appearances waived.
Debtor(s):
Rafael Aburto Pro Se
Joint Debtor(s):
Lupita Gomez Pro Se
10:00 AM
Movant(s):
SCG ATLAS DEERWOOD, L.L.C. Represented By
Scott Andrews
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
FORD MOTOR CREDIT COMPANY LLC VS
DEBTOR
Stip for adequate protection - filed 9-24-19
Docket 23
A stipulation for adequate protection was filed in this case. The Court will review the stipulation and enter an order approving the stipulation.
Accordingly, this matter is taken OFF CALENDAR. Appearances waived.
Debtor(s):
Diyay I Jafari Represented By
Mark J Markus
Movant(s):
Ford Motor Credit Company LLC Represented By
Jennifer H Wang
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
WHEELS FINANCIAL GROUP, LLC VS
DEBTOR
Sheryl D. Noel to appear by telephone
Docket 46
- NONE LISTED -
Debtor(s):
Lorranie Melissande Sheldon Represented By
D Justin Harelik
Movant(s):
WHEELS FINANCIAL GROUP, Represented By
Sheryl D Noel
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR fr. 8-27-19
Diane V. Weifenbach to appear by telephone
Docket 40
None.
Debtor(s):
Nora Zamora Represented By
Mark E Brenner
Movant(s):
U.S. Bank National Association as Represented By
Ashish R Rawat Diane Weifenbach
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
fr 7-30-19, 8-27-19
Docket 34
None.
Debtor(s):
Diana RAZINN Represented By
R Grace Rodriguez
Joint Debtor(s):
Masaki FUJISHIMA Represented By
R Grace Rodriguez
Movant(s):
U.S. BANK NATIONAL Represented By Andrew Kussmaul Sean C Ferry
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
CARRINGTON MORTGAGE SERVICES VS
DEBTOR
Anna Landa to appear by telephone
Docket 23
- NONE LISTED -
Debtor(s):
Brigitte Jeneen Barrow Represented By Steven L Bryson
Movant(s):
Carrington Mortgage Services, LLC Represented By
Diana Torres-Brito
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Joseph Delmotte to appear by telephone
Docket 25
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Solombra Ingram Represented By Julie J Villalobos
Movant(s):
U.S. Bank National Association, as Represented By
Gilbert R Yabes
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
BABKOF AMERICA, N.A. VS
DEBTOR
Joseph Delmotte to appear by telephone
Docket 27
Debtor's case was dismissed on July 25, 2019; however, because movant has requested in rem relief and for the Court to annul the stay, the Court will retain its jurisdiction to hear the matter under 11 U.S.C. § 362.
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering real property. The debtor received an interest in the property through an unauthorized grant deed. The debtor has failed to pay post- petition payments. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived.
Provided the order is recorded in compliance with applicable state law,
10:00 AM
the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11 U.S.C. § 362(d)(4).
Further, the stay is annulled retroactive to the petition date, so that enforcement actions taken by movant, if any, before receipt of notice of the automatic stay will not be deemed to have been voided by the automatic stay. See Nat’l Envtl. Waste Corp. v. City of Riverside (In re Nat’l Envtl. Waste Corp.), 129 F.3d 1052, 1055 (9th Cir. 1997).
All other relief is denied.
Movant requests in the motion that "extraordinary relief" be granted by the Court. An order prohibiting for 180 days, or longer, the subsequent filing of a bankruptcy case by the debtor or by another person or entity to whom the subject property may be transferred is in the nature of an injunction not specifically authorized by the Bankruptcy Code. Johnson v. TRE Holdings LLC (In re Johnson), 346 B.R. 190, 196 (9th Cir. BAP 2006). Nor does there "appear to be direct statutory authority for an order that bans the filing of future bankruptcy cases by other persons, bans automatic stays in future cases, and authorizes the sheriff to ignore a future bankruptcy case when conducting an eviction." In re Van Ness, 399 B.R. 897, 903 (Bankr. E.D. Cal. 2009). Therefore, a motion is not the appropriate vehicle for obtaining the "extraordinary relief" requested. Movant must seek this aspect of relief by adversary proceeding. Johnson, 346 B.R. at 195. Accordingly, the movant’s request for "extraordinary relief" is denied.
Movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Carolina Villalvazo Pro Se
10:00 AM
Movant(s):
BANK OF AMERICA, N.A. Represented By Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 12
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on September 5, 2019. This motion was filed on September 6, 2019, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to the all creditors. Pursuant to the evidence presented, the Court GRANTS the relief requested in the motion based upon an
10:00 AM
apparent change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Florencio Torres Torres Represented By Onyinye N Anyama
Movant(s):
Florencio Torres Torres Represented By Onyinye N Anyama
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 7
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on September 6, 2019. This motion was filed on September 9, 2019, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to the all creditors. Pursuant to the evidence presented, the Court GRANTS the relief requested in the motion based upon an
10:00 AM
apparent change in the personal and financial affairs of the debtor since dismissal of the last case. Since only Select Portfolio Servicing was served with the Motion, the Court grants the relief as to Select Portfolio Servicing only. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Lopa Ahmed Represented By
Thomas B Ure
Movant(s):
Lopa Ahmed Represented By
Thomas B Ure Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
OAK RIDGE DRIVE FEE OWNER, LLC VS
DEBTOR
Docket 14
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d) (2). The stay is terminated as to the debtor and the debtor’s bankruptcy estate with respect to the movant, its successors, transferees and assigns. Movant may enforce its remedies to obtain possession of the property in accordance with applicable law, but may not pursue a deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Appearances waived.
Movant served the debtor with a three-day notice to quit the premises on July 8, 2019. When the debtor failed to vacate the premises, an unlawful detainer action was filed and served on July 16, 2019. This motion has been filed to proceed with the unlawful detainer action. This action must go forward because the debtor’s right to possess the premises must be determined.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay is annulled retroactive to the petition date, so that enforcement actions taken by movant, if any, before receipt of notice of the automatic stay will not be deemed to have been voided by the automatic stay. See Nat’l Envtl. Waste Corp. v. City of Riverside (In re Nat’l Envtl. Waste Corp.), 129 F.3d 1052, 1055 (9th Cir. 1997). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Cameron Alan Blau Represented By David H Chung
Joint Debtor(s):
Evelyn Leticia Guadamuz Represented By David H Chung
Movant(s):
Oak Ridge Drive Fee Owner, LLC Represented By
Agop G Arakelian
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
Telephonic Hearing
GARY R. ADAMS, TRUSTEE OF THE GARY
R. ADAMS REVOCABLE TRUST VS
DEBTOR
Martin W Phillips to appear by telephone
Docket 58
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. The Court finds that the filing of the petition was part of a scheme to hinder, delay or defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or Court approval and multiple bankruptcy filings affecting the subject real property. 11 U.S.C. § 362(d)(4). This is cause to terminate the automatic stay. Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11
10:00 AM
U.S.C. § 362(d)(4). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Jorge Hernandez Pro Se
Movant(s):
Gary R. Adams, Trustee of the Gary Represented By
Martin W. Phillips
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
Telephonic Hearing
DETRA PERKINS VS
DEBTOR
Theresa A Jones to appear by telephone
Docket 8
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d) (2). The stay is terminated as to the debtor and the debtor’s bankruptcy estate with respect to the movant, its successors, transferees and assigns. Movant may enforce its remedies to obtain possession of the property in accordance with applicable law, but may not pursue a deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Appearances waived.
Movant served the debtor with a three-day notice to quit the premises on July 1, 2019. When the debtor failed to vacate the premises, an unlawful detainer action was filed and served on August 5, 2019. This motion has been filed to proceed with the unlawful detainer action. This action must go forward because the debtor’s right to possess the premises must be determined.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Maria De Garate Cibrian Pro Se
Movant(s):
Detra Perkins Represented By Theresa A Jones
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR fr. 9-24-19
Diane V Weifenbach to appear by telephone
Docket 61
None.
Debtor(s):
Irey Dolores Hilsman Represented By Kathleen A Moreno
Movant(s):
U.S. Bank National Association as Represented By
Ashish R Rawat Diane Weifenbach
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:19-01026 Schultz v. Schultz
fr. 3-26-19
Sanaz Bereliani to appear by telephone Michael J Berger to appear by telephone
Docket 1
The Court has reviewed the joint status report filed by the parties. The status conference is continued to December 3, 2019 at 2:00 p.m. The parties are to file a joint status report 14 days prior to the continued hearing.
Appearances waived.
Debtor(s):
Marta Schultz Represented By Michael Jay Berger
Defendant(s):
Marta Schultz Pro Se
Plaintiff(s):
Erik Schultz Represented By
Sanaz S Bereliani
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:19-01094 Gonzalez v. Edwards
Sale of interest of Co-owner in property of the estate; and
Turnover of property
fr 6-4-19; 6-25-19; 8-27-19
Docket 1
Debtor(s):
Scott Thomas Edwards Represented By Mark T Young
Defendant(s):
Lisa Edwards Pro Se
Plaintiff(s):
Rosendo Gonzalez Represented By Carmela Pagay
Trustee(s):
Rosendo Gonzalez (TR) Represented By Timothy J Yoo
2:00 PM
Adv#: 2:19-01187 Avery v. Chew
C. Chew
Docket 10
Even when a party has failed to respond to a complaint and its default has been entered, a plaintiff is not entitled to a default judgment as a matter of right. 10 Moore's Federal Practice—Civil, ¶ 55.31 (Daniel R. Coquillette & Gregory P. Joseph eds. 3rd ed.). Entry of a default judgment is within the discretion of the court. Eitel v. McCool, 782 F.2d 1470, 1471 (9th Cir.1986). Default judgments are not favored, as the judicial process prefers determining cases on their merits whenever reasonably possible. Id. at 1472. Factors which the court may consider in exercising its discretion include:
the possibility of prejudice to the plaintiff,
the merits of plaintiff's substantive claim,
the sufficiency of the complaint,
the sum of money at stake in the action,
the possibility of a dispute concerning material facts,
whether the default was due to excusable neglect, and
the strong policy underlying the Federal Rules of Civil Procedure favoring decisions on the merits.
Id. at 1471–72 (citing 6 Moore's Federal Practice—Civil, ¶ 55–05[s], at 55–24 to 55–26). In determining whether to exercise its discretion, courts also consider the factors traditionally used to determine whether a default judgment should be set aside: (a) whether the default was willful or culpable;
(b) whether granting relief from the default would prejudice the opposing party; and (c) whether the defaulting party has a meritorious defense. Id.
The court finds that the Complaint is sufficient and the requests for relief requested therein are meritorious. It has not been shown to the court there is or may be any dispute concerning material facts. Defendant debtor ("Defendant" or "Debtor") has not contested any facts in this Adversary Proceeding, nor did he dispute facts presented by Plaintiff regarding Debtor’s
2:00 PM
interest in certain real properties. Further, there is no evidence of excusable neglect by Defendant. Although the Federal Rules of Civil Procedure favor decisions on the merits through the crucible of litigation, Defendant has been given several opportunities to respond and there is no indication that Defendant has a meritorious defense or disputes Plaintiff's right to judgment in this Adversary Proceeding. Failing to fulfill one's contractual and statutory obligations, and then failing to respond to judicial process, is not a basis for denying relief to an aggrieved plaintiff. The court finds that it is necessary and proper for the entry of a default judgment against the Defendant.
CONCLUSION
Upon consideration of the Complaint, Motion for Entry of a Default Judgment, and evidence presented, the court finds that relief as requested in the Complaint to deny Debtor’s discharge under §§727(a)(2)A) and (a)(4)(A) is warranted because of actions in Debtor’s personal bankruptcy. Debtor concealed his interest in the properties located at 1308 8th Street, Los Osos, California 93402, 773 Lilac Drive, Los Osos, California 93402, 813-814 Encino Place, Monrovia, California 91016, and 20635 Appaloosa Trail, Crosby, Texas 77532 by failing to disclose them in his Schedules. Further, Debtor’s omissions of ownership interest in the four real properties equates to false oaths, accounts and claims in this case. Thus, Debtor’s discharge is denied pursuant to §§727(a)(2)A) and (a)(4)(A).
The Motion for Entry of Default Judgment is granted as to §§727(a)(2)
and (a)(4)(A). All remainder causes of action are dismissed.
Appearances waived.
Debtor(s):
Kenneth C Chew Pro Se
Defendant(s):
Kenneth C Chew Pro Se
2:00 PM
Plaintiff(s):
Wesley H. Avery Represented By David M Goodrich
Trustee(s):
Wesley H Avery (TR) Represented By David M Goodrich
2:00 PM
Adv#: 2:19-01187 Avery v. Chew
§§ 727(a)(2), 727(a)(4), and 727(a)(6)
Clerk has Entered Default Against Defendant(s) Kenneth C Chew on 7/26/19
fr. 9-24-19
Docket 1
The status conference is off calendar based on the court's determination to grant default judgment. Appearances waived.
Debtor(s):
Kenneth C Chew Pro Se
Defendant(s):
Kenneth C Chew Pro Se
Plaintiff(s):
Wesley H. Avery Represented By David M Goodrich
Trustee(s):
Wesley H Avery (TR) Represented By David M Goodrich
2:00 PM
Adv#: 2:19-01063 Cruz Montano v. SLFG SERVICES, LLC, a California Limited Liability
Docket 24
None.
Debtor(s):
Ricardo Cruz Represented By
Matthew D. Resnik
Defendant(s):
SLFG SERVICES, LLC, a Pro Se
JUAN GONZALEZ Pro Se
DOES 1 through 10, inclusive Pro Se
Plaintiff(s):
Ricardo Cruz Montano Represented By Matthew D. Resnik David M Kritzer
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:19-01063 Cruz Montano v. SLFG SERVICES, LLC, a California Limited Liability
quiet title
cancellation of instruments fr 5-14-19; 7-30-19, 8-27-19
Docket 1
None.
Debtor(s):
Ricardo Cruz Represented By
Matthew D. Resnik
Defendant(s):
SLFG SERVICES, LLC, a Pro Se
JUAN GONZALEZ Pro Se
DOES 1 through 10, inclusive Pro Se
Plaintiff(s):
Ricardo Cruz Montano Represented By Matthew D. Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01341 Avery v. Posada et al
fr 9-10-19
Docket 36
- NONE LISTED -
Debtor(s):
Luis Posada Represented By
Raymond Perez Michael A Cisneros
Defendant(s):
Luis Posada Represented By
Michael A Cisneros
Evangelina Posada Represented By Michael A Cisneros
ARCADIO POSADA Represented By
Vanessa M Haberbush
Anita Posada Represented By
Vanessa M Haberbush
Movant(s):
ARCADIO POSADA Represented By
Vanessa M Haberbush
Anita Posada Represented By
2:00 PM
Vanessa M Haberbush
ARCADIO POSADA Represented By
Vanessa M Haberbush
Anita Posada Represented By
Vanessa M Haberbush
Plaintiff(s):
Wesley H. Avery Represented By Gennady L Lebedev
Trustee(s):
Wesley H Avery (TR) Pro Se
10:00 AM
Docket 0
- NONE LISTED -
1:30 PM
fr 8-1-19
Docket 60
- NONE LISTED -
Debtor(s):
Rodrigo Mendoza Represented By
Hale Andrew Antico
Joint Debtor(s):
Ana Rosa Mendoza Represented By
Hale Andrew Antico
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 4-10-19; 5-29-19; 8-1-19
Docket 55
- NONE LISTED -
Debtor(s):
Franklin Hernan Gonzalez Represented By Michael Y Lo
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 11-14-18; 2-6-19; 4-10-19; 6-5-19; 8-1-19
Docket 41
- NONE LISTED -
Debtor(s):
Henry L Jackson Represented By Thomas B Ure
Joint Debtor(s):
Carolyn L Jackson Represented By Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3-27-19; 5-29-19; 8-1-19
Docket 48
- NONE LISTED -
Debtor(s):
Neauman Wayne Morgan Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 8-28-19
Docket 29
- NONE LISTED -
Debtor(s):
James Brian Wasti Represented By Sunita N Sood
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 3-27-19; 5-29-19; 8-1-19
Docket 38
- NONE LISTED -
Debtor(s):
Mckay San Represented By
Tina H Trinh
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 8-1-19
Docket 42
- NONE LISTED -
Debtor(s):
Juan Miguel Villalbazo Represented By Michael E Clark Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 4-10-19; 5-29-19; 8-1-19
Docket 40
- NONE LISTED -
Debtor(s):
Richard Martin Afanador Represented By Ali R Nader
Joint Debtor(s):
Ja'nice Inez Afanador Represented By Ali R Nader
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 8-1-19
Docket 50
- NONE LISTED -
Debtor(s):
Lorena Maccioni Represented By
Rabin J Pournazarian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-6-19; 4-10-19; 5-29-19; 8-1-19
Docket 26
- NONE LISTED -
Debtor(s):
Manuel Alejandro Barrios Represented By
D Justin Harelik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 8-1-19
Docket 59
- NONE LISTED -
Debtor(s):
Anthony Ginnane Represented By Scott Kosner
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 8-1-19
Docket 48
- NONE LISTED -
Debtor(s):
Bertha Noemi Gonzalez Represented By Elena Steers
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 8-1-19
Docket 29
- NONE LISTED -
Debtor(s):
Juan Villalpando Jr Represented By Arthur H Lampel
Joint Debtor(s):
Norma Villalpando Represented By Arthur H Lampel
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-14-18; 2-6-19; 3-13-19; 3-27-19; 5-29-19
8-1-19
Docket 46
- NONE LISTED -
Debtor(s):
Armando Diaz Represented By Christopher J Langley
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 8-1-19
Docket 26
- NONE LISTED -
Debtor(s):
Jennifer Maravilla Mohler Represented By
Hasmik Jasmine Papian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 4-24-19; 8-1-19
Docket 39
- NONE LISTED -
Debtor(s):
Leona E. Williams Represented By Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-27-19; 4-24-19; 6-26-19, 8-28-19
Docket 38
- NONE LISTED -
Debtor(s):
Lydia M Torres Represented By Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 6-26-19, 8-28-19
Docket 40
- NONE LISTED -
Debtor(s):
Ramona Cameille Olmedo Represented By Heather J Canning
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 8-1-19
Docket 49
- NONE LISTED -
Debtor(s):
Serj Mesrobian Represented By Scott Kosner
Joint Debtor(s):
Talin Mesrobian Represented By Scott Kosner
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 8-1-19
Docket 71
- NONE LISTED -
Debtor(s):
Francis Xavier M. Garcia Represented By
James Geoffrey Beirne
Joint Debtor(s):
Therese Marie Castro Garcia Represented By
James Geoffrey Beirne
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3-13-19; 4-24-19; 6-26-19, 8-28-19
Docket 33
- NONE LISTED -
Debtor(s):
Luis Ramon Ramirez Represented By Heather J Canning Michael E Clark Barry E Borowitz
Joint Debtor(s):
Amanda Patricia Dominguez Represented By Heather J Canning Michael E Clark Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 5-29-19; 7-31-19
Docket 29
- NONE LISTED -
Debtor(s):
Lorranie Melissande Sheldon Represented By
D Justin Harelik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 8-1-19
Docket 34
- NONE LISTED -
Debtor(s):
Deborah Plummer Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 8-14-19
Docket 25
- NONE LISTED -
Debtor(s):
Hsinyi Diana Ballantyne Represented By
D Justin Harelik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 8-14-19
Docket 55
- NONE LISTED -
Debtor(s):
Hector Edward Arciniega Represented By Nicholas M Wajda
Joint Debtor(s):
Melinda Ann Arciniega Represented By Nicholas M Wajda
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 8-14-19
Docket 41
- NONE LISTED -
Debtor(s):
Benjo James Pigtain Certeza Represented By Steven A Alpert
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 5-29-19; 8-1-19
Docket 44
- NONE LISTED -
Debtor(s):
Felipe Gonzalez Represented By Jaime A Cuevas Jr.
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 7-31-19
Docket 25
- NONE LISTED -
Debtor(s):
Tammy Marie Sprague Represented By Heather J Canning
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 121
- NONE LISTED -
Debtor(s):
Jorge Alberto Rosa Jr. Represented By Steven A Alpert
Joint Debtor(s):
Heather Nicole Rosa Represented By Steven A Alpert
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 47
- NONE LISTED -
Debtor(s):
Jesus R Moreno Represented By Julie J Villalobos
Joint Debtor(s):
Rachel Z Moreno Represented By Julie J Villalobos
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 77
- NONE LISTED -
Debtor(s):
Ethel Vergara Hul Represented By Christian N. Cooper
Joint Debtor(s):
Nicholas Sophinn Hul Represented By Christian N. Cooper
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 91
- NONE LISTED -
Debtor(s):
Linda Jean O'Connor Represented By Peter M Lively
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 45
- NONE LISTED -
Debtor(s):
Eric R Bartholomew Represented By Julie J Villalobos
Joint Debtor(s):
Mercy B Bartholomew Represented By Julie J Villalobos
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 61
- NONE LISTED -
Debtor(s):
Adolfo Flores Represented By Tamar Terzian
Joint Debtor(s):
Delia Flores Represented By
Tamar Terzian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 31
- NONE LISTED -
Debtor(s):
Arlinda Cleopatra Miller Represented By Gregory M Shanfeld
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
(Post Petition Tax Liability Incurred)
Docket 59
- NONE LISTED -
Debtor(s):
Michael Lee Allen Represented By Michael Jones Sara Tidd
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 73
- NONE LISTED -
Debtor(s):
Grady J Dagnan Jr. Represented By Elena Steers
Joint Debtor(s):
Karen L Dagnan Represented By Elena Steers
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 78
- NONE LISTED -
Debtor(s):
Zohrab Wartkes Hairic Represented By Sylvia Lew David A Tilem
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 61
- NONE LISTED -
Debtor(s):
Anita Burton-Smithee Represented By Julie J Villalobos
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 51
- NONE LISTED -
Debtor(s):
Liza M Level Represented By
Joshua L Sternberg
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 75
- NONE LISTED -
Debtor(s):
Robert John Groner Represented By Todd J Roberts
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 50
- NONE LISTED -
Debtor(s):
Darren Searle Represented By William G Cort
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 69
- NONE LISTED -
Debtor(s):
Keyla R Bell Represented By
Nancy Korompis
Trustee(s):
Nancy K Curry (TR) Represented By Nancy Korompis
1:30 PM
Docket 41
- NONE LISTED -
Debtor(s):
Jose Luis Perez Represented By Michael E Clark Barry E Borowitz
Joint Debtor(s):
Jessie Marie Vaiz Represented By Michael E Clark Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 29
- NONE LISTED -
Debtor(s):
Jose Gaudencio Huerta Represented By Barry E Borowitz
Joint Debtor(s):
Victoria Maria Huerta Represented By Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 31
- NONE LISTED -
Debtor(s):
Margarita Ortiz Represented By Arthur H Lampel
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 24
- NONE LISTED -
Debtor(s):
Marilyn Petra Moreno Represented By William G Cort
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 35
No opposition having been filed, and good cause appearing, the motion is GRANTED. The automatic stay, to the extent such stay existed prior to case dismissal, is reinstated as of the date of entry of this order. Any actions taken by any creditors of the estate between the August 21, 2019 entry of the order dismissing this chapter 13 case and the date of entry of this order shall not be affected by reinstatement of this bankruptcy case. Proof of all mortgage payments shall be filed by October 9, 2019. This language must be included in the proposed order. Appearances waived.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Tyjuan Hibbler Jr. Represented By Lionel E Giron
Crystle Jane Lindsey
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 57
None.
Debtor(s):
Teresa M Saavedra Represented By Caroline S Kim
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 55
No opposition was filed.
The court has reviewed the Application of Joshua L. Sternberg for Additional Fees and Related Expenses in a Pending Chapter 13 Case Subject to a Rights and Responsibilities Agreement (RARA). The court GRANTS the Application and awards $3,047.50 in fees and $0.00 in costs, for a total of $3,047.50. The court finds that the fees requested are reasonable compensation for "representing the interests of the debtor in connection with the bankruptcy case based on a consideration of the benefit and necessity of such services to the debtor" under 11 U.S.C. § 330(a)(4)(B). Appearances waived.
Debtor(s):
Debtor's counsel is to lodge an appropriate order.
Charles Allen Contreras Represented By Joshua L Sternberg
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 8-14-19
Docket 51
- NONE LISTED -
Debtor(s):
Teresa M Saavedra Represented By Caroline S Kim
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 42
- NONE LISTED -
Debtor(s):
Mirtha Viviana Tabares Represented By Steven A Alpert
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 4-10-19; 6-5-19; 6-26-19, 8-14-19
Docket 38
- NONE LISTED -
Debtor(s):
Mirtha Viviana Tabares Represented By Steven A Alpert
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 43
- NONE LISTED -
Debtor(s):
Haile Earnel Williams Represented By Steven A Alpert
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 12-12-18; 2-6-19; 2-27-19; 4-24-19; 6-5-19,
8-14-19
Docket 39
- NONE LISTED -
Debtor(s):
Haile Earnel Williams Represented By Steven A Alpert
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 59
- NONE LISTED -
Debtor(s):
Regina Gale Willis Represented By Jacqueline D Serrao
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 7-3-19; 9-11-19
Docket 51
- NONE LISTED -
Debtor(s):
Regina Gale Willis Represented By Jacqueline D Serrao
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Telephonic Hearing
Stephen T Hicklin to appear by telephone
Docket 64
No opposition having been filed, and good cause appearing, the motion is GRANTED. Appearances waived.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Nazem D Rajha Represented By Keith F Rouse
Joint Debtor(s):
Manar Mayalah Represented By Keith F Rouse
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 18
No opposition having been filed, and good cause appearing, the motion is GRANTED. The automatic stay, to the extent such stay existed prior to case dismissal, is reinstated as of the date of entry of this order. Any actions taken by any creditors of the estate between the September 4, 2019 entry of the order dismissing this chapter 13 case and the date of entry of this order shall not be affected by reinstatement of this bankruptcy case. This language must be included in the proposed order. Appearances waived.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Edward S. Shin Represented By Stephen S Smyth
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 16
The debtor failed to serve notice of the hearing on creditors as required in the Court's order setting this matter for hearing. A review of the docket reveals that the debtor failed to file all of her schedules and statement of financial affairs as required by Court order. The motion is denied for lack of proper service.
Debtor(s):
Liu Jean Quan-Reece Pro Se
Movant(s):
Liu Jean Quan-Reece Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 1
- NONE LISTED -
Debtor(s):
Liu Jean Quan-Reece Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 4-10-19; 6-5-19
Docket 24
Debtor(s):
Pamela Diane Fisher Represented By Christine A Kingston
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 0
None.
Debtor(s):
Marine Akrabian Represented By Matthew D. Resnik Sunjay Bhatia
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 40
No opposition having been filed, and good cause appearing, the motion is GRANTED. The automatic stay, to the extent such stay existed prior to case dismissal, is reinstated as of the date of entry of this order. Any actions taken by any creditors of the estate between the September 12, 2019 entry of the order dismissing this chapter 13 case and the date of entry of this order shall not be affected by reinstatement of this bankruptcy case. The debtor shall become current on all plan payments by October 9, 2019. This language must be included in the proposed order. Appearances waived.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Kristine McCallie Represented By Ali R Nader
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 23
None.
Debtor(s):
Parking Management Services of Represented By
Alla Tenina
10:00 AM
Docket 274
None.
Debtor(s):
Philip L. Marchiondo Represented By Ian Landsberg
10:00 AM
Trustee with an Order Directing Payment of Quarterly Fees and for Judgment Thereon
fr 9-12-19
Docket 15
None.
Debtor(s):
Corey Demon Sims Pro Se
Movant(s):
United States Trustee (LA) Represented By Alvin Mar
10:00 AM
Docket 177
- NONE LISTED -
Debtor(s):
Expressway Deliveries, Inc. Represented By
J. Bennett Friedman
10:00 AM
fr 2-7-19; 5-9-19,7-11-19
Docket 33
- NONE LISTED -
Debtor(s):
Expressway Deliveries, Inc. Represented By
J. Bennett Friedman
10:00 AM
Docket 70
None.
Debtor(s):
Alverna Stanley Represented By Lane K Bogard
Vanessa M Haberbush David R Haberbush
10:00 AM
fr. 4-25-19; 6-6-19
Docket 35
None.
Debtor(s):
Alverna Stanley Represented By Lane K Bogard
Vanessa M Haberbush David R Haberbush
10:00 AM
Docket 271
None.
Debtor(s):
Little Saigon Supermarket, LLC Represented By Elaine Nguyen Daniel J Weintraub
Amelia Puertas-Samara Nina Z Javan
10:00 AM
Relieving The Trustee And The Trust's Professionals And Agents Of Any Further Duties; (C) Discharging And Releasing The Trustee From All Liability Related To The Trust; And (D) For Final Decree Closing The Case
Docket 270
None.
Debtor(s):
Little Saigon Supermarket, LLC Represented By Elaine Nguyen Daniel J Weintraub
Amelia Puertas-Samara Nina Z Javan
10:00 AM
Docket 210
None.
Debtor(s):
Randal D. Haworth M.D. Inc. Represented By Stella A Havkin
10:00 AM
Docket 0
Debtor has failed to file a post-confirmation status report. Debtor is to explain the failure to do so.
Debtor(s):
Sergio Cayetano Montero Represented By Onyinye N Anyama
10:00 AM
Docket 94
None.
Debtor(s):
Mad Dogg Athletics, Inc. Represented By David S Kupetz Asa S Hami Cathy Ta
10:00 AM
Docket 77
None.
Debtor(s):
Mad Dogg Athletics, Inc. Represented By David S Kupetz Asa S Hami Cathy Ta
10:00 AM
Docket 172
None.
Debtor(s):
Ameriquest Security Service Represented By Michael Jay Berger
10:00 AM
Docket 80
None.
Debtor(s):
Joyce Barlow Represented By
Giovanni Orantes Luis A Solorzano
2:00 PM
Docket 192
No opposition having been filed and good cause presented, the Settlement Agreement is approved. Trustee must lodge a proposed order via LOU within 7 days of the hearing. Appearances waived.
Debtor(s):
Kaveh Roshan Represented By
Andrew Edward Smyth
Movant(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Sonia Singh Richard K Diamond
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Sonia Singh Richard K Diamond
2:00 PM
fr. 5-16-19; 6-6-19; 7-11-19, 8-15-19
Docket 132
The matter is off calendar based on the court's determination to approve the Settlement Agreement. Appearances waived.
Debtor(s):
Kaveh Roshan Represented By
Andrew Edward Smyth
Trustee(s):
Richard K Diamond (TR) Represented By Michael G D'Alba Sonia Singh Richard K Diamond
10:00 AM
Sanctions for Violation of the Automatic Stay against Capital Auto Financial, Inc.
fr 7-3-19
Docket 28
Debtor(s):
Robert Castanon Represented By Andrew Moher
Joint Debtor(s):
Julissa R Castanon Represented By Andrew Moher
Trustee(s):
Nancy K Curry (TR) Pro Se
9:30 AM
fr 3-11-19; 3-6-19; 4-3-19; 6-17-19; 7-1-19; 7-16-19; 8-23-19
9-6-19
Docket 118
None.
Debtor(s):
4402 Mammoth Investors, LLC Represented By Mark T Young
Greenberg Glusker
1:00 PM
fr 3-11-19; 3-6-19; 4-3-19; 6-17-19; 7-1-19; 7-16-19; 8-23-19
9-6-19 (trailed fr 10-7-19 9:30 calendar)
Docket 118
None.
Debtor(s):
4402 Mammoth Investors, LLC Represented By Mark T Young
Greenberg Glusker
10:00 AM
STEVE MARTIN VS
DEBTOR
Docket 11
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1). The stay is terminated as to the debtor and the debtor’s bankruptcy estate with respect to the movant, its successors, transferees and assigns. Movant may enforce its remedies to obtain possession of the property in accordance with applicable law, but may not pursue a deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. §
501. Appearances waived.
Movant served the debtor with a three-day notice to quit the premises on August 2, 2019. Movant filed an unlawful detainer complaint on August 7, 2019. Debtor filed the bankruptcy petition on September 5, 2019 in an apparent effort to stay the unlawful detainer action. This motion has been filed to proceed with the unlawful detainer action. This action must go forward because the debtor’s right to possess the premises must be determined. This does not change simply because a bankruptcy petition was filed.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Bernard Reed Smith Represented By Daniel King
Movant(s):
Steve Martin Represented By
Barry L O'Connor
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
NISSAN MOTOR ACCEPTANCE CORPORATION VS
DEBTOR fr 9-10-19
Docket 73
None.
Debtor(s):
Mariana Brown Represented By Anthony P Cara
Movant(s):
NISSAN MOTOR ACCEPTANCE Represented By
Michael D Vanlochem
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
EXETER FINANCE, LLC VS
DEBTOR fr 9-10-19
Docket 43
None.
Debtor(s):
Marcus John Almaraz Represented By Jeffrey J Hagen
Joint Debtor(s):
Sandie Hanae Almaraz Represented By Jeffrey J Hagen
Movant(s):
Exeter Finance, LLC Represented By Cheryl A Skigin
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
DAIMLER TRUST VS
DEBTOR
Sheryl Ith to appear by telephone
Docket 31
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's 2017 Mercedes-Benz SLC43R. The debtor has failed to pay 1 post- petition payment and subsequently surrendered the vehicle to movant. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Christopher LeGrand Represented By
10:00 AM
Ryan A. Stubbe
Joint Debtor(s):
Kay Vosburgh LeGrand Represented By Ryan A. Stubbe
Movant(s):
Daimler Trust Represented By
Jennifer H Wang
Trustee(s):
Carolyn A Dye (TR) Pro Se
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
NATIONSTAR MORTGAGE LLC VS
DEBTOR
fr. 8-13-19; 9-10-19
Stipulation for adequate protection filed 10/7/19 Kelsey Luu to appear by telephone
Docket 42
None.
Debtor(s):
MATTHEW JOHN RASDEL Represented By
Raj T Wadhwani
Movant(s):
Nationstar Mortgage LLC d/b/a Mr. Represented By
Kelsey X Luu Dane W Exnowski
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR fr. 9-24-19
Diane Weifenbach to appear by telephone
Docket 38
None.
Debtor(s):
Bobbie Y Lyons Represented By Nima S Vokshori
Movant(s):
U.S. Bank National Association as Represented By
Ashish R Rawat Diane Weifenbach
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
DEUTSCHE BANK NATIONAL TRUST COMPANY VS
DEBTOR fr. 8-13-19
Kristen M. Martinez to appear by telephone
fr 9-10-19
Docket 27
None.
Debtor(s):
Joseph Hernandez Represented By Julie J Villalobos
Joint Debtor(s):
Roberta Hernandez Represented By Julie J Villalobos
Movant(s):
Deutsche Bank National Trust Represented By
Erica T Loftis Pacheco
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
WILMINGTON SAVINGS FUND SOCIETY, FSB VS
DEBTOR
Case dismissed 8/21/19
fr 9-10-19
Mark Krause to appear by telephone
Docket 32
Debtor's case was dismissed on August 21, 2019; however, because movant has requested (d)(4) relief the Court will retain its jurisdiction to hear the matter under 11 U.S.C. § 362.
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay # post- petition payments. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances
10:00 AM
waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11
U.S.C. § 362(d)(4). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Carole Y Jones Represented By Stephen L Burton
Movant(s):
Wilmington Savings Fund Society, Represented By
Erin M McCartney
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
AJAX MORTGAGE LOAN TRUST VS
DEBTOR
Reilly D. Wilkinson to appear by telephone
Docket 30
None.
Debtor(s):
Nola J. Pettigrew Represented By Steven B Lever
Movant(s):
Ajax Mortgage Loan Trust 2018-G, Represented By
Joshua L Scheer Reilly D Wilkinson
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
FREEDOM MORTGAGE CORPORATION VS
DEBTOR
Dane Exnowski to appear by telephone
Docket 25
None.
Debtor(s):
Catherina Anne Marie Richard Represented By
Raj T Wadhwani
Movant(s):
Freedom Mortgage Corporation Represented By Ciro Mestres
Dane W Exnowski
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
BAYVIEW LOAN SERVICING LLC VS
DEBTOR
Mark S. Krause to appear by telephone
Docket 28
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering real property. The debtor received an interest in the property through an unauthorized deed of trust. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11
U.S.C. § 362(d)(4). All other relief is denied.
10:00 AM
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Carmen Lopez Represented By Jaime A Cuevas Jr.
Movant(s):
Bayview Loan Servicing LLC Represented By Mark S Krause
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 9
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on September 11, 2019. This motion was filed on September 12, 2019, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to all creditors. Pursuant to the evidence presented, the Court GRANTS the relief requested in the motion based upon an apparent
10:00 AM
change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Theresa Kang Represented By Scott Kosner
Movant(s):
Theresa Kang Represented By Scott Kosner
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
SCHOOLSFIRST FEDERAL CREDIT UNION VS
DEBTOR
Docket 12
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Since a chapter 7 case does not contemplate reorganization, the sole issue before the court when stay relief is sought under 11 U.S.C. § 362(d)(2) is whether the debtor has equity in the property. See e.g., Nev. Nat’l Bank v. Casgul of Nev., Inc. (In re Casgul of Nev., Inc.), 22 B.R. 65, 66 (9th Cir. BAP 1982); Ramco Indus. v. Preuss (In re Preuss), 15 B.R. 896 (9th Cir. BAP 1981). Appearances waived.
The subject property has a value of $22,995.00 and is encumbered by a perfected security interest in favor of the movant. That security interest secures a claim of $31,686.18. There is no equity in the subject property and no evidence that the trustee can administer the subject property for the benefit of creditors. The trustee has filed a no asset report. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1).
The 14-day stay of FRBP 4001(a)(3) is ordered waived due to the fact that the movant’s collateral is being used by the debtor without compensation and is depreciating in value. All other relief is denied.
10:00 AM
Debtor(s):
The movant shall submit an appropriate order.
Liliana Gomez Represented By
D Justin Harelik
Joint Debtor(s):
Jose Manuel Guzman Jr. Represented By
D Justin Harelik
Movant(s):
SchoolsFirst Federal Credit Union Represented By
Alexandra K Martinez Paul V Reza
Trustee(s):
David M Goodrich (TR) Pro Se
10:00 AM
Telephonic Hearing
GOLDEN 1 CREDIT UNION VS
DEBTOR
Mirco Haag to appear by telephone
Docket 17
No opposition was filed. The court takes judicial notice of the chapter 7 debtor’s Statement of Intention filed in this case on August 8, 2019 in which the debtor stated an intention to surrender the property to movant.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Since a chapter 7 case does not contemplate reorganization, the sole issue before the court when stay relief is sought under 11 U.S.C. § 362(d)(2) is whether the debtor has equity in the property. See e.g., Nev. Nat’l Bank v. Casgul of Nev., Inc. (In re Casgul of Nev., Inc.), 22 B.R. 65, 66 (9th Cir. BAP 1982); Ramco Indus. v. Preuss (In re Preuss), 15 B.R. 896 (9th Cir. BAP 1981). Appearances waived.
The subject property has a value of $16,016.00 and is encumbered by a perfected security interest in favor of the movant. That security interest secures a claim of $17,095.03. There is no equity in the subject property and no evidence that the trustee can administer the subject property for the benefit of creditors. The trustee has filed a no asset report. This is "cause" to terminate the stay under
10:00 AM
11 U.S.C. § 362(d)(1).
The 14-day stay of FRBP 4001(a)(3) is ordered waived due to the fact that the movant’s collateral is being used by the debtor without compensation and is depreciating in value. All other relief is denied.
Debtor(s):
The movant shall submit an appropriate order.
Mon Josef Punzalan Represented By Alaa A Ibrahim
Movant(s):
Golden 1 Credit Union Represented By Mirco J Haag
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:00 AM
MECHANICS BANK VS
DEBTOR
Docket 8
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Since a chapter 7 case does not contemplate reorganization, the sole issue before the court when stay relief is sought under 11 U.S.C. § 362(d)(2) is whether the debtor has equity in the property. See e.g., Nev. Nat’l Bank v. Casgul of Nev., Inc. (In re Casgul of Nev., Inc.), 22 B.R. 65, 66 (9th Cir. BAP 1982); Ramco Indus. v. Preuss (In re Preuss), 15 B.R. 896 (9th Cir. BAP 1981). Appearances waived.
The subject property has a value of $7,450.00 and is encumbered by a perfected security interest in favor of the movant. That security interest secures a claim of $12,127.67. There is no equity in the subject property and no evidence that the trustee can administer the subject property for the benefit of creditors. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1).
The 14-day stay of FRBP 4001(a)(3) is ordered waived due to the fact that the movant’s collateral is being used by the debtor without compensation and is depreciating in value. All other relief is denied.
The movant shall submit an appropriate order.
10:00 AM
Debtor(s):
Devone Aaron Richard Pro Se
Movant(s):
MECHANICS BANK Represented By Vincent V Frounjian
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
AZAD BABAN VS
DEBTOR
Docket 319
Debtor(s):
Scoobeez Represented By
Ashley M McDow Shane J Moses
Movant(s):
Azad Baban Represented By
Gregory M Salvato
2:00 PM
Adv#: 2:19-01205 Evans et al v. Tippie et al
Docket 0
None.
Debtor(s):
C & M Russell, LLC Represented By Alan G Tippie Elizabeth Jiang
Defendant(s):
Alan G. Tippie Represented By
David J Richardson
SulmeyerKupetz, APC Represented By
David J Richardson
Plaintiff(s):
Mattie Belinda Evans Pro Se
C & M Russell, LLC Pro Se
2:00 PM
Adv#: 2:18-01341 Avery v. Posada et al
Luis Posada Arcdio Posada fr 2-26-19, 8-6-19
Docket 6
Off calendar. The Court granted the motion for summary judgment at the hearing held on October 1, 2019. Appearances waived.
Debtor(s):
Luis Posada Represented By
Raymond Perez
Defendant(s):
Luis Posada Pro Se
Evangelina Posada Pro Se
ARCADIO POSADA Represented By
Vanessa M Haberbush
Anita Posada Represented By
Vanessa M Haberbush
Plaintiff(s):
Wesley H. Avery Represented By Gennady L Lebedev
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
2:00 PM
Adv#: 2:18-01341 Avery v. Posada et al
fr. 5-21-19, 8-6-19
Docket 1
Off calendar. The Court granted the motion for summary judgment at the hearing held on October 1, 2019. Appearances waived.
Debtor(s):
Luis Posada Represented By
Raymond Perez
Defendant(s):
Luis Posada Pro Se
Evangelina Posada Pro Se
ARCADIO POSADA Pro Se
Anita Posada Pro Se
Plaintiff(s):
Wesley H. Avery Represented By Gennady L Lebedev
Trustee(s):
Wesley H Avery (TR) Pro Se
10:00 AM
Adv#: 2:19-01289 4402 Mammoth Investors, LLC, A California Limited v. Stonehaven LLC
Docket 0
Debtor(s):
4402 Mammoth Investors, LLC Represented By Mark T Young
Greenberg Glusker
Defendant(s):
Stonehaven LLC Represented By Michael H Weiss Kevin J Leichter
Plaintiff(s):
4402 Mammoth Investors, LLC, A Represented By
Mark T Young
10:00 AM
[RULING]
fr 3-11-19; 3-6-19; 4-3-19; 6-17-19; 7-1-19; 7-16-19; 8-23-19
9-6-19 (trailed fr 10-7-19 9:30 calendar); 10-7-19
Docket 118
Debtor(s):
4402 Mammoth Investors, LLC Represented By Mark T Young
Greenberg Glusker
10:00 AM
VS DEBTOR
Docket 11
- NONE LISTED -
Debtor(s):
George Jenkins Sr. Represented By Faith A Ford
Movant(s):
Calmview Partners, LLC, A Ca Represented By Paul E Gold
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
LAW OFFICES OF DAVID TILEM VS
DEBTOR fr. 9-24-19
Docket 183
This case was converted to chapter 7 on August 27, 2019 and Elissa
D. Miller was appointed chapter 7 trustee on September 20, 2019. The motion for relief from stay must be served on the chapter 7 trustee and she must be given an opportunity to respond. The court continued the hearing on the motion from September 24, 2019 to October 15, 2019 at 10:00 a.m. to allow movant to serve the chapter 7 trustee with the motion. The motion was to be served by September 25, 2019. There is no proof of service to show the motion was served on the chapter 7 trustee by September 25, 2019, as required by the Court. Accordingly, the motion is denied.
Debtor(s):
Stanley Swain's, Inc. Represented By Steven R Fox Janis G Abrams
Movant(s):
Law Offices of David Tilem Represented By David A Tilem
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
PERITUS PORTFOLIO SERVICES VS
DEBTOR
Docket 40
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's 2006 Mercedes-Benz E Class. The debtor has failed to pay post- petition payments. Furthermore, on August 23, 2018 debtor surrendered the vehicle to movant. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Joseph Chris Jinzo Jr. Represented By Nima S Vokshori
10:00 AM
Movant(s):
Peritus Portfolio Services as Servicer Represented By
Reilly D Wilkinson
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
BMW BANK OF NORTH AMERICA VS
DEBTOR
Docket 16
No opposition was filed. The Court takes judicial notice of the Chapter 13 Plan filed in this case on July 17, 2019 in which the debtor stated an intention to surrender the property to movant.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's 2014 BMW 5 Series 528i Sedan 4D. The debtor has failed to pay 1 post-petition payment. In addition, the Chapter 13 Plan states debtor's intention to surrender the property to movant. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Leticia Garcia Represented By
10:00 AM
Movant(s):
David Samuel Shevitz
BMW Bank of North America Represented By Cheryl A Skigin
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
fr. 9-24-19; 10-1-19
Docket 61
None.
Debtor(s):
Irey Dolores Hilsman Represented By Kathleen A Moreno
Movant(s):
U.S. Bank National Association as Represented By
Ashish R Rawat Diane Weifenbach
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
JPMORGAN CHASE BANK NATIONAL ASSOCIATION
VS DEBTOR
fr 9-10-19
Stipulation for adequate protection filed 9/17/19
Docket 54
- NONE LISTED -
Debtor(s):
Sonya Jo Thompson Represented By Brad Weil
Movant(s):
JPMorgan Chase Bank, National Represented By
Christina J O Joseph C Delmotte Von Mai Kennessa C Hartin
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DEUTSCHE BANK NATIONAL TRUST COMPANY
VS DEBTOR
fr. 9-24-19
Docket 25
- NONE LISTED -
Debtor(s):
Isaac Vizcarra Represented By Jaime A Cuevas Jr.
Movant(s):
Deutsche Bank National Trust Represented By Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
SELF DIRECTED IRA SERIVCES, INC VS
DEBTOR fr 9-10-19
Docket 7
- NONE LISTED -
Debtor(s):
Milagros Granillo Pro Se
Movant(s):
SELF DIRECTED IRA SERVICES Represented By
Edward T Weber
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
BANK OF AMERICA N.A. VS
DEBTOR
Docket 34
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Catherine A Johnson Represented By Gregory Grigoryants
Movant(s):
BANK OF AMERICA, N.A. Represented By
10:00 AM
Trustee(s):
Joseph C Delmotte
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Docket 41
None.
Debtor(s):
Lisa Dibiasi Hayes Represented By William G Cort
Movant(s):
U.S. Bank National Association as Represented By
Ashish R Rawat Diane Weifenbach
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Docket 70
None.
Debtor(s):
Benjie L Knox Represented By Sunita N Sood
Movant(s):
U.S. Bank National Association as Represented By
Ashish R Rawat Diane Weifenbach
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
JPMC SPECIALTY MORTGAGE, LLC VS
DEBTOR
Docket 34
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Margarita Ortiz Represented By Arthur H Lampel
Movant(s):
JPMC Specialty Mortgage LLC, its Represented By
10:00 AM
Trustee(s):
Merdaud Jafarnia
Nancy K Curry (TR) Pro Se
10:00 AM
WILMINGTON TRUST NATIONAL ASSOCIATION VS
DEBTOR
Docket 39
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 5 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Dock Watts Represented By
Dana C Bruce
Movant(s):
Wilmington Trust, National Represented By
10:00 AM
Trustee(s):
Ketan G Sawarkar Cassandra J Richey Merdaud Jafarnia
Nancy K Curry (TR) Pro Se
10:00 AM
SUN WEST MORTGAGE COMPANY VS
DEBTOR
Docket 33
None.
Debtor(s):
Susana Bernal Salomon Represented By
D Justin Harelik
Movant(s):
Sun West Mortgage Company, Inc., Represented By
Nichole Glowin
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 11
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on September 24, 2019. This motion was filed on September 30, 2019, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to all creditors. Pursuant to the evidence presented, the Court GRANTS the relief requested in the motion based upon an apparent
10:00 AM
change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Barbara Justine Stamps Represented By Stephen S Smyth
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 12
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on September 27, 2019. This motion was filed on October 1, 2019, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to the creditors served with the motion as listed on the proof of service. Pursuant to the evidence presented, the Court GRANTS
10:00 AM
the relief requested in the motion based upon an apparent change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Travis Lovell Lindsey Sr. Represented By
David Samuel Shevitz
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 11
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtors filed the voluntary chapter 13 petition on September 19, 2019. This motion was filed on September 26, 2019, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to the creditors served with the motion as listed on the proof of service. Pursuant to the evidence presented, the Court GRANTS
10:00 AM
the relief requested in the motion based upon an apparent change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Diosdado Bustria Balcorta Jr. Represented By David Lozano
Joint Debtor(s):
Vicky Bustamante Balcorta Represented By David Lozano
Movant(s):
Diosdado Bustria Balcorta Jr. Represented By David Lozano
Vicky Bustamante Balcorta Represented By David Lozano
Trustee(s):
Kathy A Dockery (TR) Pro Se
10:00 AM
Docket 7
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on September 23, 2019. This motion was filed on September 23, 2019, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to all creditors. Pursuant to the evidence presented, the Court GRANTS the relief requested in the motion based upon an apparent
10:00 AM
change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Lota Lozleta Hadley Represented By
Richard Mark Garber
Movant(s):
Lota Lozleta Hadley Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 11
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on September 25, 2019. This motion was filed on September 30, 2019, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to the creditors served with the motion as listed on the proof of service. Pursuant to the evidence presented, the Court GRANTS
10:00 AM
the relief requested in the motion based upon an apparent change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Ozella Marie Jackson Represented By Stephen S Smyth
Movant(s):
Ozella Marie Jackson Represented By Stephen S Smyth
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
SLP INVESTMENT GRP, LLC VS
DEBTOR
Docket 69
- NONE LISTED -
Debtor(s):
Jorge Hernandez Pro Se
Movant(s):
SLP Investment Grp, LLC, A Ca Represented By
Paul E Gold
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
QUALITY REIMBURSEMENT SERVICES, INC VS
DEBTOR
Docket 16
On September 27, 2019 a response was filed wherein creditors Eastpoint Corp. and Alvaro Gancman indicated they do not oppose the granting of the relief requested.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to proceed with Gancman, et al. v. Quality Reimbursement Services, Inc. which is an appeal currently pending against the debtor in a nonbankruptcy forum. Although the term "cause" is not defined in the Code, courts in the Ninth Circuit have granted relief from the stay under § 362(d)(1) when necessary to permit pending litigation to be concluded in another forum. See, e.g., Christensen v. Tucson Estates, Inc. (In re Tucson Estates, Inc.), 912 F.2d 1162, 1166 (9th Cir. 1990) stating that "[w]here a bankruptcy court may abstain from deciding issues in favor of an imminent state court trial involving the same issues, cause may exist for lifting the stay as to the state court trial"); Packerland Packing Co. v. Griffith Brokerage Co. (In re Kemble), 776 F.2d 802, 807 (9th Cir. 1985) (affirming an order lifting the stay to permit a creditor to pursue a conversion and fraudulent conveyance action pending in the federal district court following a remand of the case by the appellate court for a retrial on the damages issue).
Here, the Court finds cause to permit the pending appeal to be concluded in a non-bankruptcy forum. Movant may proceed in the non- bankruptcy forum to final judgment (including any appeals) in accordance with applicable non-bankruptcy law. However, the automatic stay shall remain in effect with respect to enforcement of any judgment against Debtor and/or
10:00 AM
estate property, except for filing of a Proof of Claim and/or timely bringing a non-dischargeability adversary proceeding. Appearances waived.
The 14-day period specified in Fed.R.Bankr.P. 4001(a)(3) is waived.
All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Quality Reimbursement Services, Represented By
Garrick A Hollander
Movant(s):
Quality Reimbursement Services, Represented By
Garrick A Hollander
10:00 AM
Docket 9
Debtor(s):
None.
Tia S. Mahorn Represented By William J Smyth
Movant(s):
Tia S. Mahorn Represented By William J Smyth
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 16
None.
Debtor(s):
Sandra Zirate Avila Represented By
Anthony Obehi Egbase
Movant(s):
Sandra Zirate Avila Represented By
Anthony Obehi Egbase
Trustee(s):
Kathy A Dockery (TR) Pro Se
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:19-01268 The Jones-Bowens Family Revocable Living Trust Dat v. Jones
Docket 1
The Debtor's chapter 13 case was dismissed on August 21, 2019. The debtor is the defendant in this adversary proceeding to quiet title. The adversary proceeding raises state law claims only that are best addressed in the state court. The court will not retain jurisdiction over this adversary proceeding after the dismissal of the underlying chapter 13 case. This adversary proceeding will be dismissed. The court will issue an order dismissing the proceeding. Appearances waived.
Debtor(s):
Carole Y Jones Represented By Stephen L Burton
Defendant(s):
Carole Y Jones Pro Se
Plaintiff(s):
The Jones-Bowens Family Represented By David Brian Lally
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:19-01273 Yoo v. Biasiolo et al
Stip and order to extend response deadline and continue S/C filed 10/4/19
Docket 1
- NONE LISTED -
Debtor(s):
New West TC, LLC Represented By John P. Reitman
Aleksandra Zimonjic Carmela Pagay Jeremy A Rhyne
Defendant(s):
Pierluigi Biasiolo Pro Se
Renergy Alliance Corp., a California Pro Se St. Joseph Investments, Inc., a Pro Se St. Joseph Investments, Inc., Defined Pro Se Civitas, Incorporated, a California Pro Se Progressive Estates, LLC Pro Se
Alessandra Pisani Pro Se
2:00 PM
James M. Donovan dba Law Offices Pro Se DOES 1 through 10, inclusive Pro Se
Plaintiff(s):
Timothy J. Yoo Represented By Carmela Pagay Irving M Gross
Trustee(s):
Timothy Yoo (TR) Represented By Carmela Pagay John P. Reitman Jack A. Reitman
2:00 PM
Adv#: 2:19-01093 United States Trustee for the Central District of v. Zadeh
of discharge pursuant to 11 U.S.C. Sec. 727(a)(3) and (a)(5)
fr 6-4-19; 6-25-19
Docket 1
- NONE LISTED -
Debtor(s):
Sebo Hatam Zadeh Represented By
Hamid Soleimanian
Defendant(s):
Sebo Hatam Zadeh Pro Se
Plaintiff(s):
United States Trustee for the Central Represented By
Hatty K Yip
Trustee(s):
Timothy Yoo (TR) Pro Se
10:00 AM
Docket 0
- NONE LISTED -
1:30 PM
fr 11-14-18; 2-6-19; 4-10-19
fr 6-5-19, 8-14-19
Docket 84
- NONE LISTED -
Debtor(s):
Lynette Marie Baker Represented By Axel H Richter
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 5-29-19, 8-14-19
Docket 56
- NONE LISTED -
Debtor(s):
Margaret E Jones Represented By Elena Steers
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 9-11-19
Docket 94
- NONE LISTED -
Debtor(s):
Gloria Martinez Represented By William J Smyth
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 4-10-19
fr 6-26-19, 8-14-19
Docket 51
- NONE LISTED -
Debtor(s):
Janice Dean Lewis Represented By Todd J Roberts
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 6-26-19, 8-14-19
Docket 63
- NONE LISTED -
Debtor(s):
Debbie M Page Represented By Ali R Nader
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 8-14-19
Docket 110
- NONE LISTED -
Debtor(s):
Andrew Babakhanlou Represented By Matthew D Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3-13-19; 4-24-19; 6-26-19, 8-28-19; 10-4-19
Docket 33
- NONE LISTED -
Debtor(s):
Luis Ramon Ramirez Represented By Heather J Canning Michael E Clark Barry E Borowitz
Joint Debtor(s):
Amanda Patricia Dominguez Represented By Heather J Canning Michael E Clark Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 6-5-19, 8-14-19
Docket 30
- NONE LISTED -
Debtor(s):
Claudia Delgadillo Represented By
David Samuel Shevitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 8-14-19
Docket 51
- NONE LISTED -
Debtor(s):
Louie Jose Quintanar Represented By William G Cort
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 4-10-19
fr 6-5-19, 8-14-19
Docket 28
- NONE LISTED -
Debtor(s):
Michael Moradi Represented By Krystina T Tran
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Telephonic Hearing
fr 4-24-19; 6-26-19, 8-28-19
Devin Sawdayi to appear by telephone
Docket 22
- NONE LISTED -
Debtor(s):
James Crowley Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Telephonic Hearing
a Material Default of a Plan Provision/Delinquent Plan Payments
fr. 8-28-19
Devin Sawdayi to appear by telephone
Docket 25
- NONE LISTED -
Debtor(s):
Sheena L Bostic Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 4-10-19
fr 6-5-19, 8-14-19
Docket 58
- NONE LISTED -
Debtor(s):
Norberto Diaz Jr. Represented By Axel H Richter
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Telephonic Hearing
fr 2-27-19; 4-24-19; 6-26-19, 8-14-19
Arjun Sivakumar to appear by telephone
Docket 125
- NONE LISTED -
Debtor(s):
Erin Baldwin Represented By
Matthew D. Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 4-10-19; 6-5-19, 8-14-19
Docket 24
- NONE LISTED -
Debtor(s):
Steve Lynn Wright Represented By Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Telephonic Hearing
a Material Default of a Plan Provision/Delinquent Plan Payments
Devin Sawdayi to appear by telephone
Docket 56
- NONE LISTED -
Debtor(s):
Steven D. Wade Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 43
- NONE LISTED -
Debtor(s):
Maria L Miranda Represented By Sunita N Sood
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 29
- NONE LISTED -
Debtor(s):
Marco Antonio Delgado Represented By Jaime A Cuevas Jr.
Joint Debtor(s):
Ana Cristina Delgado Represented By Jaime A Cuevas Jr.
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Telephonic Hearing
a Material Default of a Plan Provision/Delinquent Plan Payments
Joseph A. Roberts to appear by telephone
Docket 76
- NONE LISTED -
Debtor(s):
Sonya Winfield Represented By
Joseph Arthur Roberts
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 52
- NONE LISTED -
Debtor(s):
Maria Johnston Represented By Mariano A Alvarez
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 46
- NONE LISTED -
Debtor(s):
Betty Brandly Represented By Michael Jay Berger
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 48
- NONE LISTED -
Debtor(s):
Carlos R. Castillo Represented By Eliza Ghanooni
Joint Debtor(s):
Maria P. Castillo Represented By Eliza Ghanooni
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 35
- NONE LISTED -
Debtor(s):
Mariano Elpedes Salazar III Represented By Michael Jones
Joint Debtor(s):
Juby Sia-Salazar Represented By Michael Jones
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 41
- NONE LISTED -
Debtor(s):
Carlton Peter Ricketts Represented By Axel H Richter
Movant(s):
Carlton Peter Ricketts Represented By Axel H Richter
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 6-5-19, 8-14-19
Docket 35
- NONE LISTED -
Debtor(s):
Carlton Peter Ricketts Represented By Axel H Richter
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 93
- NONE LISTED -
Debtor(s):
Gloria Jackson Represented By
Rabin J Pournazarian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 38
None.
Debtor(s):
Ricardo Garcia Represented By Stephen L Burton
Joint Debtor(s):
Edith Isela Garcia Represented By Stephen L Burton
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 52
No opposition was filed.
The court has reviewed the Application of Attorney for Debtor for Additional Fees and Related Expenses in a Pending Chapter 13 Case Subject to a Rights and Responsibilities Agreement (RARA) ("Application"). The court finds that the fees requested are reasonable compensation under 11 U.S.C. § 330(a)(4)(B). The court GRANTS the Application and the Attorney for Debtor is allowed the sum of $3,232.50 as compensation for Additional Services and the sum of $212.03 in expenses related to Additional Services referred to in the Application, and the Chapter 13 Trustee is directed to pay the unpaid balance of $3,444.53 from the estate of Debtor as funds permit. Appearances waived.
Debtor(s):
Debtor’s counsel is to lodge an appropriate order.
Christel A Beattie Represented By Devin Sawdayi
Movant(s):
Christel A Beattie Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Telephonic Hearing
Devin Sawdayi to appear by telephone
Docket 0
None.
Debtor(s):
Jesse Gonzalez Represented By Rebecca Tomilowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Telephonic Hearing
Law Group, LLP Should not be held in Contempt of Court for Violation of the Automatic Stay
Tamar G. Ellyin to appear by telephone
Docket 118
None.
Debtor(s):
Milton Roberto Gonzalez Represented By Barry E Borowitz
Joint Debtor(s):
Georgina Mercedes Gonzalez Represented By Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Telephonic Hearing
Merdaud Jafarnia to appear by telephone
Docket 52
None.
Debtor(s):
Brenda Rodriguez Represented By Silvia Bombalier
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Telephonic Hearing
Merdaud Jafarnia to appear by telephone
Docket 35
None.
Debtor(s):
Wende June Kleinick Represented By
Nicholas Nicholas Wajda
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 33
No opposition was filed.
The objection to the exemption is SUSTAINED. The failure of the debtor to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(h) is considered as consent to the sustaining of the objection. LBR 9013-1(h). Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir.
1995). Further, the chapter 13 trustee has established a prima facie case for granting the relief requested. The debtor is not permitted to claim exemptions under both CCP §§ 703 and 704, et seq., as debtor must choose one exemption scheme. The chapter 13 trustee shall submit an appropriate order. No appearance is necessary.
Debtor(s):
Thomas Arthur Granlund Pro Se
Movant(s):
Nancy K Curry (TR) Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 46
- NONE LISTED -
Debtor(s):
Fariba Edwards Represented By Sundee M Teeple Craig K Streed
Movant(s):
Fariba Edwards Represented By Sundee M Teeple Craig K Streed
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 44
- NONE LISTED -
Debtor(s):
Fariba Edwards Represented By Sundee M Teeple Craig K Streed
Movant(s):
Fariba Edwards Represented By Sundee M Teeple Craig K Streed
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 42
- NONE LISTED -
Debtor(s):
Fariba Edwards Represented By Sundee M Teeple Craig K Streed
Movant(s):
Fariba Edwards Represented By Sundee M Teeple Craig K Streed
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Telephonic Hearing
Charlene A. Busch to appear by telephone
Docket 42
None.
Debtor(s):
Deborah Sandi Stein Represented By William Huestis
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 31
It appears that this motion was unnecessary as the proof of claim provides for the secured amount that was requested in the motion. Debtor's attorney shall provide an explanation as to why he believes this motion was required.
Debtor(s):
Jennifer Penalber Represented By Marcus Gomez
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
(located at 2250 Old Nadeau Road, Palmdale, CA)
fr. 9-25-19
Docket 95
- NONE LISTED -
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Movant(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber
Raymonda Jean Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber
1:30 PM
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 8-28-19; 9-25-19
Docket 83
- NONE LISTED -
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Movant(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber
Raymonda Jean Jarvis Represented By
Richard Mark Garber Richard Mark Garber
1:30 PM
Trustee(s):
Richard Mark Garber
Nancy K Curry (TR) Pro Se
1:30 PM
Parcel No #3053-024-058, vacant land
fr 3-13-19; 6-5-19; 6-26-19; 7-31-19; 8-28-19; 9-25-19
Docket 32
- NONE LISTED -
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Parcel #3053-024-058, vacant land
fr 3-13-19; 6-5-19; 6-26-19; 7-31-19; 8-28-19; 9-25-19
Docket 33
- NONE LISTED -
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Parcel #3053-024-059, vacant land
fr 3-13-19; 6-5-19; 6-26-19; 7-31-19; 8-28-19; 9-25-19
Docket 34
- NONE LISTED -
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Parcel #3053-024-059, vacant land
fr 3-13-19; 6-5-19; 6-26-19; 7-31-19; 8-28-19; 9-25-19
Docket 35
- NONE LISTED -
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Parcel #3053-024-060, vacant land
fr 3-13-19; 6-5-19; 6-26-19; 7-31-19; 8-28-19; 9-25-19
Docket 36
- NONE LISTED -
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Parcel #3053-024-060, vacant land
fr 3-13-19; 6-5-19; 6-26-19; 7-31-19; 8-28-19; 9-25-19
Docket 37
- NONE LISTED -
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Property 2250 Old Nadeau Road, Palmdale
fr 3-13-19; 6-5-19; 6-26-19; 7-31-19; 8-28-19; 9-25-19
Docket 44
- NONE LISTED -
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Movant(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber
Raymonda Jean Jarvis Represented By
Richard Mark Garber Richard Mark Garber
1:30 PM
Trustee(s):
Richard Mark Garber
Nancy K Curry (TR) Pro Se
1:30 PM
2250 Old Nadeau Road, Palmdale
fr 3-13-19; 6-5-19; 6-26-19; 7-31-19; 8-28-19; 9-25-19
Docket 45
- NONE LISTED -
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Movant(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber
Raymonda Jean Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber
1:30 PM
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
2264 Old Nadeau Road, Palmdale
fr 3-13-19; 6-5-19; 6-26-19; 7-31-19; 8-28-19; 9-25-19
Docket 46
- NONE LISTED -
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Movant(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber
Raymonda Jean Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber
1:30 PM
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
2264 Old Nadeau Road, Palmdale
fr 3-13-19; 6-5-19; 6-26-19; 7-31-19; 8-28-19; 9-25-19
Docket 47
- NONE LISTED -
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Movant(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber
Raymonda Jean Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber
1:30 PM
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Parcel No #3053-024-038 - vacant land
fr 3-13-19; 6-5-19; 6-26-19; 7-31-19; 8-28-19; 9-25-19
Docket 48
- NONE LISTED -
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Movant(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber
Raymonda Jean Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber
1:30 PM
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Parcel No #3053-024-038 - vacant land
fr 3-13-19; 6-5-19; 6-26-19; 7-31-19; 8-28-19; 9-25-19
Docket 49
- NONE LISTED -
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Movant(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber
Raymonda Jean Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber
1:30 PM
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
fr 9-5-19
Docket 9
None.
Debtor(s):
JPGC Corp Represented By
Katherine Butts Warwick
Movant(s):
United States Trustee (LA) Represented By Alvin Mar
10:00 AM
Telephonic Hearing
fr 9-5-19
Alan I. Nahmias to appear by telephone
Docket 22
None.
Debtor(s):
JPGC Corp Represented By
Katherine Butts Warwick
10:00 AM
Docket 12
- NONE LISTED -
Debtor(s):
Enramada Properties, LLC Represented By Andrew S Bisom
10:00 AM
Docket 15
- NONE LISTED -
Debtor(s):
Enramada Properties, LLC Represented By Andrew S Bisom
10:00 AM
Docket 50
None.
Debtor(s):
Mohdsameer Y Aljanedi Represented By Andy C Warshaw
10:00 AM
fr 1-31-19; 4-25-19; 6-6-19; 7-11-19; 8-22-19
Docket 149
- NONE LISTED -
Debtor(s):
American Ranch and Seafood Represented By Sandford L. Frey
10:00 AM
fr. 8-13-15; 9-24-15; 1-28-16, 5-26-16; 9-28-16
1-26-17, 5-25-17; 8-24-17, 12-14-17; 2-1-18; 3-29-18,
5-3-18; 5-31-18; 8-23-18; 11-15-18; 1-17-19, 4-25-19
Docket 1
None.
Debtor(s):
Philip L. Marchiondo Represented By Ian Landsberg
Movant(s):
Philip L. Marchiondo Represented By Ian Landsberg
10:00 AM
Docket 0
The Post-Confirmation Status Report is deficient. It does not provide the schedule of payments required by LBR 3020-1(b)(1). Debtor is to explain the failure to provide the schedule.
Debtor(s):
Lilia Nuno Represented By
Thomas B Ure
10:00 AM
Docket 0
This hearing is OFF CALENDAR. The court entered an order granting the motion for order terminating trust, relieving trustee, discharging trustee and for a final decree. Appearances waived.
Debtor(s):
Little Saigon Supermarket, LLC Represented By Elaine Nguyen Daniel J Weintraub
Amelia Puertas-Samara
10:00 AM
Telephonic Hearing
Giovanni Orantes to appear by telephone
Docket 0
None.
Debtor(s):
Benjamin Isaac Menjivar Represented By Giovanni Orantes Luis A Solorzano
Joint Debtor(s):
Sara Aura Menjivar Represented By Giovanni Orantes Luis A Solorzano
10:00 AM
Free and Clear of All Liens, Claims, Encumbrances and Interests, Subject to Higher and Better
Bids; (ii) Authorizing the Assumption and Assignment of Certain Executory Contracts and Unexpired Leases in Connection With Such Sale
Scoobeez 19-14989
Jointly Administered with:
Scoobeez Global, Inc. 2:19-bk-14991 WB Scoobur LLC 2:19-bk-14997 WB
Docket 329
None.
Debtor(s):
Scoobeez Represented By
Ashley M McDow Shane J Moses
10:00 AM
Docket 365
None.
Debtor(s):
Scoobeez Represented By
Ashley M McDow Shane J Moses
10:00 AM
Docket 114
- NONE LISTED -
Debtor(s):
Mad Dogg Athletics, Inc. Represented By David S Kupetz Asa S Hami Cathy Ta
10:00 AM
Adv#: 2:15-01467 Holy Hill Community Church et al v. Zemer et al
fr. 11-19-15; 12-15-15, 1-20-15, 3-22-16; 3-29-16
4-19-16, 6-21-16; 8-9-16; 11-8-16; 1-10-17; 2-2-17;
3-9-17; 6-13-17; 7-11-17, 8-1-17; 9-5-17; 10-10-17
11-14-17, 12-14-17, 1-18-18; 4-12-18; 6-14-18; 9-20-18
fr 11-15-18; 12-20-18; 4-11-19
Docket 11
This matter is OFF CALENDAR. The parties have stipulated to dismissal of this adversary proceeding. Appearances waived.
Debtor(s):
Holy Hill Community Church Represented By W Dan Lee Won Lee
Richard T Baum Jaenam J Coe
Defendant(s):
Yuval Bar Zemer Represented By
Bernard D Bollinger Jr
1111 Sunset, LLC Represented By
Bernard D Bollinger Jr Anthony J Napolitano
Downtown Capital, LLC Represented By
Bernard D Bollinger Jr
10:00 AM
Anthony J Napolitano
Carl Sohn Pro Se
Chan Hyo Tak Pro Se
Hae Hoon Owh Pro Se
Sung Yeol Yim Pro Se
Movant(s):
1111 Sunset Boulevard, LLC Represented By Jeffrey A Krieger
Plaintiff(s):
Holy Hill Community Church Represented By Andy Kong Richard T Baum
Reorganized Debtor, Holy Hill Represented By Andy Kong
Trustee(s):
Richard J Laski (TR) Represented By Andy Kong
M Douglas Flahaut Aram Ordubegian
10:00 AM
Adv#: 2:15-01467 Holy Hill Community Church et al v. Zemer et al
FR. 10-13-15; 12-15-15; 1-20-16, 3-22-16; 3-29-16, 6-21-16
8-9-16; 11-8-16; 1-10-17; 2-2-17,3-9-17; 6-13-17; 7-11-17,
8-1-17; 9-5-17; 10-10-17; 11-14-17, 12-14-17, 1-18-18
4-12-18; 6-14-18; 9-20-18; 11-15-18; 12-20-18
fr 4-11-19
Docket 1
This matter is OFF CALENDAR. The parties have stipulated to dismissal of this adversary proceeding. Appearances waived.
Debtor(s):
Holy Hill Community Church Represented By W Dan Lee Won Lee
Richard T Baum Jaenam J Coe
Defendant(s):
Yuval Bar Zemer Represented By
Bernard D Bollinger Jr
1111 Sunset, LLC Represented By
10:00 AM
Bernard D Bollinger Jr Anthony J Napolitano
Downtown Capital, LLC Represented By
Bernard D Bollinger Jr Anthony J Napolitano
Carl Sohn Pro Se
Chan Hyo Tak Pro Se
Hae Hoon Owh Pro Se
Sung Yeol Yim Pro Se
Plaintiff(s):
Holy Hill Community Church Represented By Andy Kong Richard T Baum
Reorganized Debtor, Holy Hill Represented By Andy Kong
Trustee(s):
Richard J Laski (TR) Represented By Andy Kong
M Douglas Flahaut Aram Ordubegian
10:00 AM
Telephone appearances:
Daren R. Brinkman Lewis Landau Katherine Preston Carey D Schreiber
Docket 713
This matter is continued to the 2:00 calendar.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
2:00 PM
Telephonic Hearing
Sam Leslie to appear by telephone
Docket 15
No opposition was filed.
The Chapter 7 Trustee's motion is GRANTED. The Court also orders that the discharge entered in this case on July 22, 2019 is vacated.
Appearances waived.
The Chapter 7 Trustee shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Shirley Lorena Gonzalez Alvarado Represented By
Daniel King
Trustee(s):
Sam S Leslie (TR) Pro Se
2:00 PM
fr 8-1-19; (trailed from 10:00 a.m. calendar 8/22/19); 8-22-19, 8-27-19;
9-24-19
Telephone appearances:
Daren R. Brinkman Lewis Landau Katherine Preston Carey D Schreiber
Docket 740
None.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
2:00 PM
Telephone appearances:
Daren R. Brinkman Lewis Landau Katherine Preston Carey D Schreiber
Docket 713
None.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
2:00 PM
Docket 13
None.
Debtor(s):
Frank Anthony Ferri Represented By Arlene M Tokarz
Movant(s):
Frank Anthony Ferri Represented By Arlene M Tokarz
Trustee(s):
Nancy K Curry (TR) Pro Se
3:00 PM
fr 7-31-19; 8-22-19
Docket 16
None.
Debtor(s):
Mad Dogg Athletics, Inc. Represented By David S Kupetz Asa S Hami Cathy Ta
3:00 PM
Docket 114
The Debtor's application to employ KeatsGatien LLP as special counsel is APPROVED upon the terms set forth in the application, with such employment to be effective as of August 22, 2019.
The Debtor shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Mad Dogg Athletics, Inc. Represented By David S Kupetz Asa S Hami Cathy Ta
3:00 PM
(Objection to Professional Fee Statement #2)
Docket 0
None.
Debtor(s):
Mad Dogg Athletics, Inc. Represented By David S Kupetz Asa S Hami Cathy Ta
10:00 AM
Docket 1
None.
Debtor(s):
Mad Dogg Athletics, Inc. Represented By David S Kupetz Asa S Hami Cathy Ta
Movant(s):
Mad Dogg Athletics, Inc. Represented By David S Kupetz Asa S Hami Cathy Ta
10:00 AM
fr. 10-17-19
Docket 13
None.
Debtor(s):
Frank Anthony Ferri Represented By Arlene M Tokarz
Movant(s):
Frank Anthony Ferri Represented By Arlene M Tokarz
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
fr 8-1-19; (trailed from 10:00 a.m. calendar 8/22/19); 8-22-19, 8-27-19;
9-24-19; 10-17-19
Telephone Appearances:
Lewis Landau Point.360
Katherine Preston Medley Corporation Carey Schreiber Medley Corporation
Darren Brinkman Official Creditors Committee
Docket 740
None.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
2:00 PM
Telephonic Hearing
Alla Tenina to appear by telephone
Docket 48
- NONE LISTED -
Debtor(s):
Parking Management Services of Represented By
Alla Tenina
2:00 PM
Adv#: 2:19-01456 Scoobeez, Inc. v. Amazon Logistics, Inc.
Docket 2
- NONE LISTED -
Debtor(s):
Scoobeez Represented By
Ashley M McDow Shane J Moses
Defendant(s):
Amazon Logistics, Inc. Pro Se
Plaintiff(s):
Scoobeez, Inc. Represented By Shane J Moses Ashley M McDow
2:00 PM
Docket 406
Debtor(s):
Scoobeez Represented By
Ashley M McDow Shane J Moses
10:00 AM
OAKWOOD WORLDWIDE VS
DEBTOR
Docket 9
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d) (2). The stay is terminated as to the debtor and the debtor’s bankruptcy estate with respect to the movant, its successors, transferees and assigns. Movant may enforce its remedies to obtain possession of the property in accordance with applicable law, but may not pursue a deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Appearances waived.
Movant served the debtor with a three-day notice to quit the premises on July 15, 2019. When the debtor failed to vacate the premises, an unlawful detainer action was filed and served on July 24, 2019. This motion has been filed to proceed with the unlawful detainer action. This action must go forward because the debtor’s right to possess the premises must be determined.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Trentan Von Lee Pro Se
10:00 AM
Movant(s):
Oakwood Worldwide Represented By Agop G Arakelian
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DAMODER REDDY VS
DEBTOR
Docket 9
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d) (2). The stay is terminated as to the debtor and the debtor’s bankruptcy estate with respect to the movant, its successors, transferees and assigns. Movant may enforce its remedies to obtain possession of the property in accordance with applicable law, but may not pursue a deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Appearances waived.
Movant served the debtor with a three-day notice to quit the premises on August 7, 2019. When the debtor failed to vacate the premises, an unlawful detainer action was filed and served on August 13, 2019. This motion has been filed to proceed with the unlawful detainer action. This action must go forward because the debtor’s right to possess the premises must be determined.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Elainna Watson Pro Se
Movant(s):
Damoder Reddy Represented By Luke P Daniels
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
TOYOTA LEASE TRUST VS
DEBTOR
Docket 28
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is the lessor of debtor's 2016 Toyota Scion FRS. The debtor has failed to pay 1 post-petition payment. On August 26, 2019, the lease matured, and Movant regained possession of the vehicle. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d).
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Armineh Davtian Represented By Ali R Nader
Movant(s):
Toyota Lease Trust Represented By Kirsten Martinez
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
GATEWAY ONE LENDING & FINANCE VS
DEBTOR
Docket 14
None.
Debtor(s):
Jamenica B. Reyes Represented By Tom A Moore
Movant(s):
Gateway One Lending & Finance Represented By
Karel G Rocha
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
TOYOTA MOTOR CREDIT CORPORATION VS
DEBTOR
Docket 29
- NONE LISTED -
Debtor(s):
Juan Manuel Hernandez Represented By Juanita V Miller
Movant(s):
Toyota Motor Credit Corporation Represented By
Austin P Nagel
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
NATIONSTAR MORTGAGE LLC VS
DEBTOR
fr 7-16-19, 9-24-19
Docket 27
- NONE LISTED -
Debtor(s):
Annabelle Dinsay Anderson Represented By Michael E Clark Barry E Borowitz
Movant(s):
Nationstar Mortgage LLC as Represented By
Dane W Exnowski Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
ABS REO TRUST VI VS
DEBTOR fr. 9-24-19
Docket 39
- NONE LISTED -
Debtor(s):
Rogelio Ferreira Castro Represented By William G Cort
Movant(s):
ABS REO Trust VI Represented By Merdaud Jafarnia Robert P Zahradka
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DEUTSCHE BANK NATIONAL TRUST COMPANY
VS DEBTOR
fr. 9-24-19
Docket 32
- NONE LISTED -
Debtor(s):
Jose Guadalupe Aguilar Represented By Joshua L Sternberg
Movant(s):
Deutsche Bank National Trust Represented By
Erica T Loftis Pacheco
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
FREEDOM MORTGAGE CORPORATION VS
DEBTOR fr 10-8-19
Docket 25
- NONE LISTED -
Debtor(s):
Catherina Anne Marie Richard Represented By
Raj T Wadhwani
Movant(s):
Freedom Mortgage Corporation Represented By Ciro Mestres
Dane W Exnowski
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
THE BANK OF NEW YORK MELLON VS
DEBTOR
Case dismissed 9/26/19
Docket 23
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay post- petition payments. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving multiple bankruptcy filings affecting the subject property; this bankruptcy case is Debtor's third bankruptcy case filed within 1 year. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11
U.S.C. § 362(d)(4). All other relief is denied.
10:00 AM
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Nicolas Gutierrez Pro Se
Movant(s):
The Bank of New York Mellon FKA Represented By
Kirsten Martinez
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
SELECT PORTFOLIO SERVICING, INC VS
DEBTORN
Docket 61
- NONE LISTED -
Debtor(s):
James Daniel Mccarns Represented By
Rabin J Pournazarian
Movant(s):
SELECT PORTFOLIO Represented By Gina Hiatt Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
US BANK TRUST NA VS
DEBTOR
Docket 47
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 4 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The request for relief as to any codebtor stay pursuant to 11 U.S.C. § 1301(d) is denied as the codebtor was not served with the motion. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
David Saravia Represented By Rebecca Tomilowitz
10:00 AM
Movant(s):
US Bank Trust NA Represented By
Kristin A Zilberstein
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WILMINGTOM TRUST, NATIONAL ASSOCIATION VS
DEBTOR
Docket 65
None.
Debtor(s):
Gabriela Barraza Represented By Christopher J Langley
Movant(s):
Wilmington Trust, National Represented By Joseph C Delmotte Seth Greenhill Cassandra J Richey
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK N.A.
VS
DEBTOR
Docket 112
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 9 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Timothy Joseph Bussio Represented By Joshua L Sternberg
Movant(s):
U.S. Bank N.A., as Trustee f/b/o Represented By
10:00 AM
Trustee(s):
Merdaud Jafarnia
Nancy K Curry (TR) Pro Se
10:00 AM
NATIONSTAR MORTGAGE LLC VS
DEBTOR
Docket 49
None.
Debtor(s):
RAUL RANGEL CERVANTES Represented By
Ruben Fuentes
Movant(s):
Nationstar Mortgage LLC d/b/a Mr. Represented By
Nichole Glowin
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
SELECT PORTFOLIO SERVICING INC VS
DEBTOR
Docket 31
None.
Debtor(s):
Robert Destefano Represented By Erika Luna
Movant(s):
Select Portfolio Servicing Inc. as Represented By
Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DCELK IRREVOCABLE TRUST VS
DEBTOR
Docket 27
- NONE LISTED -
Debtor(s):
Guadalupe Avila Represented By Kelly L Casado
Movant(s):
DCELK Irrevocable Trust Represented By Daniel I Singer
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
CHAMPION MORTGAGE COMPANY VS
DEBTOR
Docket 16
None.
Debtor(s):
Kevin Cabral Represented By
Eliza Ghanooni
Movant(s):
Champion Mortgage Company Represented By Anna Landa
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WESTERN STAR FINANCIAL, INC VS
DEBTOR
Docket 24
None.
Debtor(s):
Erica Valdez Represented By
Lotfy Mrich
Movant(s):
Western Star Financial, Inc. Represented By Todd L Turoci
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
TD AUTO FINANCE LLC VS
DEBTOR
Docket 15
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Since a chapter 7 case does not contemplate reorganization, the sole issue before the court when stay relief is sought under 11 U.S.C. § 362(d)(2) is whether the debtor has equity in the property. See e.g., Nev. Nat’l Bank v. Casgul of Nev., Inc. (In re Casgul of Nev., Inc.), 22 B.R. 65, 66 (9th Cir. BAP 1982); Ramco Indus. v. Preuss (In re Preuss), 15 B.R. 896 (9th Cir. BAP 1981). Appearances waived.
The subject property has a value of $21,479.00 and is encumbered by a perfected security interest in favor of the movant. That security interest secures a claim of $21,583.69. There is no equity in the subject property and no evidence that the trustee can administer the subject property for the benefit of creditors. The trustee has filed a no asset report. Movant states the debtor contacted Movant on September 17, 2019 to arrange for voluntary surrender.
Movant is in the process of obtaining possesion of the vehicle. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1).
The 14-day stay of FRBP 4001(a)(3) is ordered waived due to
10:00 AM
the fact that the movant’s collateral is being used by the debtor without compensation and is depreciating in value. All other relief is denied.
Debtor(s):
The movant shall submit an appropriate order.
Kelly Lynn Burnette Represented By Daniel King
Movant(s):
TD Auto Finance LLC Represented By Jennifer H Wang
Trustee(s):
Wesley H Avery (TR) Pro Se
10:00 AM
CAB WEST,, LLC VS
DEBTOR
Docket 15
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Since a chapter 7 case does not contemplate reorganization, the sole issue before the court when stay relief is sought under 11 U.S.C. § 362(d)(2) is whether the debtor has equity in the property. See e.g., Nev. Nat’l Bank v. Casgul of Nev., Inc. (In re Casgul of Nev., Inc.), 22 B.R. 65, 66 (9th Cir. BAP 1982); Ramco Indus. v. Preuss (In re Preuss), 15 B.R. 896 (9th Cir. BAP 1981). Appearances waived.
Movant is the lessor of debtor's 2017 Ford Escape. On June 30, 2019, the lease matured. Debtor has not exercised her purchase option or returned the vehicle. Further, payments have not been made pursuant to the contract. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1).
Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Devone Aaron Richard Pro Se
Movant(s):
Cab West, LLC Represented By Jennifer H Wang
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
THE BANK OF NEW YORK MELLON VS
DEBTOR
Docket 16
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant has established a prima facie case that cause exists, and debtor has not responded with evidence establishing that the property is not declining in value or that movant is adequately protected. Appearances waived.
According to the evidence, movant has a claim in the amount of
$396,013.01 secured by a lien on the subject property. The Court is unable to make a finding establishing the value of the property because movant has not provided an authenticated valuation of the property. Further, the debtor is delinquent 3 installments on the loan secured by the subject property at the time this motion was filed. Accordingly, the Court finds "cause" for termination of the stay under 11 U.S.C. § 362(d)(1).
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Lee Anthony Hodge Sr Pro Se
Joint Debtor(s):
Lynnkisha Hodge Pro Se
Movant(s):
The Bank of New York Mellon FKA Represented By
Kirsten Martinez
Trustee(s):
John J Menchaca (TR) Pro Se
10:00 AM
Docket 11
None.
Debtor(s):
Anthony Simien Represented By Julie J Villalobos
Movant(s):
Anthony Simien Represented By Julie J Villalobos
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:19-01283 Parker v. Magnum Property LLC
Docket 1
None.
Debtor(s):
Faithie Lee Parker Pro Se
Defendant(s):
Magnum Property LLC Pro Se
Plaintiff(s):
Faithie Lee Parker Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:19-01294 Mad Dogg Athletics, Inc., a California Subchapter v. Hymanson,
Avoidance of Preferential Transfers
Recovery of Transfers
Preservation of Transfers
Determination of Validity, Priority, Extent, and Enforeceability of Liens; and
Disallowance of Claims
Docket 1
None.
Debtor(s):
Mad Dogg Athletics, Inc. Represented By David S Kupetz Asa S Hami Cathy Ta
Defendant(s):
Hymanson, Incorporated Pro Se
Plaintiff(s):
Mad Dogg Athletics, Inc., a Represented By David S Kupetz Asa S Hami Cathy Ta
2:00 PM
Adv#: 2:19-01289 4402 Mammoth Investors, LLC, A California Limited v. Stonehaven LLC
Docket 1
- NONE LISTED -
Debtor(s):
4402 Mammoth Investors, LLC Represented By Mark T Young
Greenberg Glusker
Defendant(s):
Stonehaven LLC Pro Se
Plaintiff(s):
4402 Mammoth Investors, LLC, A Represented By
Mark T Young
2:00 PM
Adv#: 2:18-01298
Preferred Bank v. EBF Partners, LLC et al
Telephonic Hearing
declaratory judgment regarding the validity, priority and extent of Preferred Bank's lien in debtor's accounts receivable and proceeds thereof;
for determination that purported junior lienholders' claims are unsecured under 11 USC Section 506(d)
fr 11-27-18; 1-22-19; 2-26-19, 4-23-19; 6-25-19, 8-27-19
Docket 1
None.
Debtor(s):
PH DIP, Inc Represented By
Robert P Goe Stephen Reider
Defendant(s):
EBF Partners, LLC Represented By Eric Tsai
Yellowstone Capital West LLC Represented By
Lei Lei Wang Ekvall Timothy W Evanston
Citi Capital LLC Pro Se
West Capital LLC Pro Se
2:00 PM
Plaintiff(s):
Preferred Bank Represented By Gerrick Warrington Michael G Fletcher
2:00 PM
Adv#: 2:18-01300
Playhut, Inc. v. EBF Partners, LLC dba Everest Business Funding Telephonic Hearing
Avoidance and Recovery of Preferential Transfers
Avoidance and Recovery of Constructive Fraudulent Transfers; and
Disallowing Claims
fr 11-27-18; 1-22-19; 2-26-19, 4-23-19; 4-23-19; 6-25-19, 8-27-19
Docket 4
- NONE LISTED -
Debtor(s):
PH DIP, Inc Represented By
Robert P Goe Stephen Reider
Defendant(s):
EBF Partners, LLC dba Everest Represented By Eric Tsai
Plaintiff(s):
Playhut, Inc. Represented By
Robert P Goe
2:00 PM
Adv#: 2:19-01454 McCallie v. WILMINGTON SAVINGS FUND SOCIETY FSB, doing
(1) to Stop the Completion of the Foreclosure Sale by Defendant; and (2) to Prevent Defendant From Recording The Trustee's Deed Upon Sale
Docket 2
None.
Debtor(s):
Kristine McCallie Represented By Ali R Nader
Defendant(s):
WILMINGTON SAVINGS FUND Pro Se
Plaintiff(s):
Kristine McCallie Represented By David Brian Lally
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 0
- NONE LISTED -
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 6-26-19, 8-28-19
Docket 39
- NONE LISTED -
Debtor(s):
Leo Hill Represented By
Michael E Clark Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 4-24-19; 6-26-19, 8-28-19
Docket 71
- NONE LISTED -
Debtor(s):
Katherine Marie Akingbade Represented By Brad Weil
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 9-11-19
Docket 30
- NONE LISTED -
Debtor(s):
Larry J. Ortiz Jr. Represented By Sam Benevento
Joint Debtor(s):
Isabel M. Ortiz Represented By Sam Benevento
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 9-11-19
Docket 40
- NONE LISTED -
Debtor(s):
Beatriz Raya Represented By
Nicholas Nicholas Wajda
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 9-11-19
Docket 47
- NONE LISTED -
Debtor(s):
Guilmar Alfredo Ruano Represented By Brian J Soo-Hoo
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 8-28-19
Docket 39
- NONE LISTED -
Debtor(s):
Kimberly LaTreese Dunham Represented By Heather J Canning Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 8-28-19
Docket 76
- NONE LISTED -
Debtor(s):
Romel Castrillo Faraon Represented By Stephen S Smyth William J Smyth
Movant(s):
Nancy K Curry (TR) Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 8-28-19
Docket 59
- NONE LISTED -
Debtor(s):
William Ronald Lively Represented By Louis J Esbin
Joint Debtor(s):
Kathleen Ann Lively Represented By Louis J Esbin
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3-27-19; 5-29-19; 7-31-19; 9-11-19
Docket 101
- NONE LISTED -
Debtor(s):
Timothy Joseph Bussio Represented By Joshua L Sternberg
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 9-11-19
Docket 29
- NONE LISTED -
Debtor(s):
Mona Lynn Clayton Represented By Steven A Alpert
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 9-11-19
Docket 96
- NONE LISTED -
Debtor(s):
Gloria Jackson Represented By
Rabin J Pournazarian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr. 8-28-19
Docket 45
- NONE LISTED -
Debtor(s):
Luis Manuel Bautista Represented By Clifford Bordeaux
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3-13-19; 4-24-19; 7-3-19; 9-11-19
Docket 45
- NONE LISTED -
Debtor(s):
Alejandro Villarreal Sanchez Represented By Raymond Perez
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 8-1-19; 10-2-19
Docket 71
- NONE LISTED -
Debtor(s):
Francis Xavier M. Garcia Represented By
James Geoffrey Beirne
Joint Debtor(s):
Therese Marie Castro Garcia Represented By
James Geoffrey Beirne
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 5-8-19; 7-31-19, 8-28-19
Docket 37
- NONE LISTED -
Debtor(s):
Michelle Susan Rogalla Represented By Joshua L Sternberg
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 9-11-19
Docket 38
- NONE LISTED -
Debtor(s):
Orson Van Gay Represented By Scott Kosner
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 8-14-19; 10-2-19
Docket 55
- NONE LISTED -
Debtor(s):
Hector Edward Arciniega Represented By Nicholas M Wajda
Joint Debtor(s):
Melinda Ann Arciniega Represented By Nicholas M Wajda
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 9-11-19
Docket 24
- NONE LISTED -
Debtor(s):
Danisha Shana McCall Represented By David Lozano
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 8-14-19; 10-2-19
Docket 41
- NONE LISTED -
Debtor(s):
Benjo James Pigtain Certeza Represented By Steven A Alpert
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 95
- NONE LISTED -
Debtor(s):
Alejandro Abella Represented By Matthew D. Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 43
- NONE LISTED -
Debtor(s):
Asma Khan Represented By
William J Smyth Stephen S Smyth
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 32
- NONE LISTED -
Debtor(s):
Terence Patrick O'Donnell Represented By
D Justin Harelik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 26
- NONE LISTED -
Debtor(s):
Daniel Tyler Armstrong Represented By Sam Benevento
Joint Debtor(s):
Brittney Dawn Armstrong Represented By Sam Benevento
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 40
- NONE LISTED -
Debtor(s):
Cheryl Yvonne Jackson Represented By Stephen S Smyth William J Smyth
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 78
- NONE LISTED -
Debtor(s):
Paulette Therine Hibbert Represented By
Rabin J Pournazarian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 27
- NONE LISTED -
Debtor(s):
Joshua Ernest Chaney Represented By Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 26
- NONE LISTED -
Debtor(s):
Cesar Alexis Resendez Represented By William G Cort
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 23
- NONE LISTED -
Debtor(s):
Felix Alejandro Guzman Represented By David H Chung
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 26
- NONE LISTED -
Debtor(s):
Julia Ann Goodwin Represented By Peter M Lively
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 27
- NONE LISTED -
Debtor(s):
Patricia Ann Jordan Represented By Gregory M Shanfeld
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 44
- NONE LISTED -
Debtor(s):
Ramiro Durazo Jr. Represented By Michael E Clark Barry E Borowitz
Joint Debtor(s):
Elizabeth Durazo Represented By Michael E Clark Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 44
- NONE LISTED -
Debtor(s):
Dock Watts Represented By
Dana C Bruce
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 20
- NONE LISTED -
Debtor(s):
Kevin Walter Singleton Represented By Steven A Alpert
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
§349(a) And §1307(c)
Docket 12
- NONE LISTED -
Debtor(s):
James Andrew Sutton Represented By Alon Darvish
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 63
- NONE LISTED -
Debtor(s):
Marcus P Gutierrez Represented By Brad Weil
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 6-26-19, 8-28-19
Docket 59
- NONE LISTED -
Debtor(s):
Marcus P Gutierrez Represented By Brad Weil
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 31
- NONE LISTED -
Debtor(s):
Steve Lynn Wright Represented By Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 4-10-19; 6-5-19, 8-14-19, 10-16-19
Docket 24
- NONE LISTED -
Debtor(s):
Steve Lynn Wright Represented By Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 42
- NONE LISTED -
Debtor(s):
Mirtha Viviana Tabares Represented By Steven A Alpert
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 4-10-19; 6-5-19; 6-26-19, 8-14-19; 10-2-19
Docket 38
- NONE LISTED -
Debtor(s):
Mirtha Viviana Tabares Represented By Steven A Alpert
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 46
- NONE LISTED -
Debtor(s):
Lydia M Torres Represented By Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-27-19; 4-24-19; 6-26-19, 8-28-19; 10-2-19
Docket 38
- NONE LISTED -
Debtor(s):
Lydia M Torres Represented By Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 57
- NONE LISTED -
Debtor(s):
DAMON C. SWEATT Represented By Vernon R Yancy
Joint Debtor(s):
JAMIENIQUE T SWEATT Represented By Vernon R Yancy
Movant(s):
DAMON C. SWEATT Represented By Vernon R Yancy
JAMIENIQUE T SWEATT Represented By Vernon R Yancy
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 5-29-19; 7-31-19, 8-28-19
Docket 47
- NONE LISTED -
Debtor(s):
DAMON C. SWEATT Represented By Vernon R Yancy
Joint Debtor(s):
JAMIENIQUE T SWEATT Represented By Vernon R Yancy
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 95
- NONE LISTED -
Debtor(s):
Jose Rivera Represented By
Brad Weil
Joint Debtor(s):
Rita Maria Rivera Represented By Brad Weil
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 6-26-19, 8-28-19
Docket 89
- NONE LISTED -
Debtor(s):
Jose Rivera Represented By
Brad Weil
Joint Debtor(s):
Rita Maria Rivera Represented By Brad Weil
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 8-14-19
Docket 21
- NONE LISTED -
Debtor(s):
Phoebe E Boswell Pro Se
Movant(s):
Nancy K Curry (TR) Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 74
- NONE LISTED -
Debtor(s):
Paulette Therine Hibbert Represented By
Rabin J Pournazarian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 60
No opposition having been filed, and good cause presented, the motion is GRANTED. The order dismissing the debtors' bankruptcy case entered by the court on September 19, 2019 is vacated. The automatic stay is reinstated as of the entry of the order granting the motion. Any actions taken by any creditors of the estate between the September 19, 2019 entry of the order dismissing this chapter 13 case and the date of entry of this order shall not be affected by reinstatement of this bankruptcy case. This language must be included in the order. Pursuant to LBR 9021-1(b)(1)(B), debtors must lodge a proposed order via LOU within 7 days of the hearing.
Appearances waived.
Debtor(s):
Juan V Hurtado Represented By Daniela P Romero
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 27
No opposition having been filed, and good cause presented, the motion is GRANTED. The order dismissing the debtors' bankruptcy case entered by the court on September 30, 2019 is vacated. The automatic stay is reinstated as of the entry of the order granting the motion. Any actions taken by any creditors of the estate between the September 30, 2019 entry of the order dismissing this chapter 13 case and the date of entry of this order shall not be affected by reinstatement of this bankruptcy case. This language must be included in the order. Pursuant to LBR 9021-1(b)(1)(B), debtors must lodge a proposed order via LOU within 7 days of the hearing.
Appearances waived.
Debtor(s):
Jesus Quiroz Represented By
Barry E Borowitz
Joint Debtor(s):
Elsa Corral Quiroz Represented By Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 18
In order to participate in the LMM Pilot Program, the Debtor is required to make adequate protection payments to the lender in an amount that is 80% of the current principal and interest payment. Debtor has proposed a payment of $800 per month which is not 80% of the principal and interest payment identified in lender's proof of claim of $2981.35. Debtor is to explain how the motion can be granted when Debtor has failed to comply with this requirement.
Debtor(s):
Margarito Guerrero Represented By Kevin Tang
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 28
No opposition having been filed, and good cause presented, the motion is GRANTED. The order dismissing the debtors' bankruptcy case entered by the court on September 11, 2019 is vacated. The automatic stay is reinstated as of the entry of the order granting the motion. Any actions taken by any creditors of the estate between the September 11, 2019 entry of the order dismissing this chapter 13 case and the date of entry of this order shall not be affected by reinstatement of this bankruptcy case. This language must be included in the order. Pursuant to LBR 9021-1(b)(1)(B), debtors must lodge a proposed order via LOU within 7 days of the hearing.
Appearances waived.
Debtor(s):
David Benedicto Juarez Represented By Heather J Canning
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
#51.00 Status Conference re Objection to Claim #1 by Claimant Radin Co
fr 9-11-19
Docket 0
None.
Debtor(s):
Brian G Newton Represented By Matthew D. Resnik
M. Jonathan Hayes
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 56
No opposition was filed.
The debtor's objection to proof of claim ("Claim No. 6") filed with the court’s Claims Register by Wang Yang Enterprises LLC Retirement Account ("Creditor") is SUSTAINED. The failure of the creditor to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(h) is considered as consent to the sustaining of the objection. LBR 9013-1(h). Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, the debtor has established a prima facie case for granting the relief requested.
Appearances waived.
The objection is sustained. Creditor filed Claim No. 6 after receiving an assignment of the deed of trust from the holder of Claim No. 5. Claim No. 6 is thus a duplicate of Claim No. 5. Debtor objects to Claim No. 6 on the grounds that the Court granted a motion to avoid the lien which secures both Claim No. 5 and Claim No. 6 and that debt will be treated as an unsecured claim in the Debtor's plan. Debtor also asserts that Creditor should have filed an amended Claim No. 5 rather than filing a new Claim once Creditor received the assignment of the deed of trust.
The court disallows Claim No. 6. Claim No. 6 is a duplicate of Claim No. 5. Creditor may file a notice of transfer of claim with respect to Claim No.
5. Since the Order on the Motion for Avoidance of Junior Lien provides that Claim No. 5 will be treated as an unsecured claim, no amendment of the Claim is necessary.
Debtor to serve and lodge an appropriate order via the Court’s LOU system.
1:30 PM
Debtor(s):
John Richard A. Retodo Represented By Sam Benevento
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 53
- NONE LISTED -
Debtor(s):
John Richard A. Retodo Represented By Sam Benevento
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 24
None.
Debtor(s):
Laura Veronica Villasenor Represented By Aris Artounians
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 26
None.
Debtor(s):
Laura Veronica Villasenor Represented By Aris Artounians
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 28
None.
Debtor(s):
Laura Veronica Villasenor Represented By Aris Artounians
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 25
None.
Debtor(s):
Israel Aguayo Represented By
Michael D Kwasigroch
Joint Debtor(s):
Julie Aguayo Represented By
Michael D Kwasigroch
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 36
None.
Debtor(s):
Dennis J. Kiggins Represented By Kevin Tang
Joint Debtor(s):
Georgenia M. Kiggins Represented By Kevin Tang
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 8-28-19; 9-25-19
FR 10-16-19
Docket 83
None.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Movant(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber
Raymonda Jean Jarvis Represented By
Richard Mark Garber
1:30 PM
Trustee(s):
Richard Mark Garber Richard Mark Garber
Nancy K Curry (TR) Pro Se
1:30 PM
(located at 2250 Old Nadeau Road, Palmdale, CA)
fr. 9-25-19; 10-16-19
Docket 95
None.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Movant(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber
Raymonda Jean Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Parcel No #3053-024-058, vacant land
fr 3-13-19; 6-5-19; 6-26-19; 7-31-19; 8-28-19; 9-25-19; 10-16-19
Docket 32
None.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Parcel #3053-024-058, vacant land
fr 3-13-19; 6-5-19; 6-26-19; 7-31-19; 8-28-19; 9-25-19; 10-16-19
Docket 33
None.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Parcel #3053-024-059, vacant land
fr 3-13-19; 6-5-19; 6-26-19; 7-31-19; 8-28-19; 9-25-19; 10-16-19
Docket 34
None.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Parcel #3053-024-059, vacant land
fr 3-13-19; 6-5-19; 6-26-19; 7-31-19; 8-28-19; 9-25-19; 10-16-19
Docket 35
None.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Parcel #3053-024-060, vacant land
fr 3-13-19; 6-5-19; 6-26-19; 7-31-19; 8-28-19; 9-25-19; 10-16-19
Docket 36
None.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Parcel #3053-024-060, vacant land
fr 3-13-19; 6-5-19; 6-26-19; 7-31-19; 8-28-19; 9-25-19; 10-16-19
Docket 37
None.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Property 2250 Old Nadeau Road, Palmdale
fr 3-13-19; 6-5-19; 6-26-19; 7-31-19; 8-28-19; 9-25-19
FR 10-16-19
Docket 44
None.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Movant(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber
Raymonda Jean Jarvis Represented By
Richard Mark Garber
1:30 PM
Trustee(s):
Richard Mark Garber Richard Mark Garber
Nancy K Curry (TR) Pro Se
1:30 PM
2250 Old Nadeau Road, Palmdale
fr 3-13-19; 6-5-19; 6-26-19; 7-31-19; 8-28-19; 9-25-19; 10-16-19
Docket 45
None.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Movant(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber
Raymonda Jean Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber
1:30 PM
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
2264 Old Nadeau Road, Palmdale
fr 3-13-19; 6-5-19; 6-26-19; 7-31-19; 8-28-19; 9-25-19; 10-16-19
Docket 46
None.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Movant(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber
Raymonda Jean Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber
1:30 PM
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
2264 Old Nadeau Road, Palmdale
fr 3-13-19; 6-5-19; 6-26-19; 7-31-19; 8-28-19 ;9-25-19; 10-16-19
Docket 47
None.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Movant(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber
Raymonda Jean Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber
1:30 PM
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Parcel No #3053-024-038 - vacant land
fr 3-13-19; 6-5-19; 6-26-19; 7-31-19; 8-28-19; 9-25-19; 10-16-19
Docket 48
None.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Movant(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber
Raymonda Jean Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber
1:30 PM
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Parcel No #3053-024-038 - vacant land
fr 3-13-19; 6-5-19; 6-26-19; 7-31-19;8-28-19; 9-25-19;10-16-19
Docket 49
None.
Debtor(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber
Joint Debtor(s):
Raymonda Jean Jarvis Represented By
Richard Mark Garber
Movant(s):
Raymond Tom Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber
Raymonda Jean Jarvis Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber
1:30 PM
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 115
None.
Debtor(s):
Cindya P Vargas Represented By Giovanni Orantes Luis A Solorzano
10:00 AM
fr. 10-17-19
Docket 12
None.
Debtor(s):
Enramada Properties, LLC Represented By Andrew S Bisom
10:00 AM
fr. 10-17-19
Docket 15
None.
Debtor(s):
Enramada Properties, LLC Represented By Andrew S Bisom
10:00 AM
Docket 762
- NONE LISTED -
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
10:00 AM
fr 8-1-19
Docket 29
This status conference is continued to November 14, 2019 at 10:00
a.m. Appearances waived.
Debtor(s):
Mohdsameer Y Aljanedi Represented By Andy C Warshaw
10:00 AM
Docket 122
No opposition having been filed, and good cause appearing, the motion is GRANTED. Debtor shall upload an appropriate order via the court's LOU system. Appearances waived.
Debtor(s):
Michelle Carter Represented By Kevin Tang
10:00 AM
Docket 83
- NONE LISTED -
Debtor(s):
Michelle Carter Represented By Kevin Tang
Movant(s):
Michelle Carter Represented By Kevin Tang Kevin Tang Kevin Tang
10:00 AM
Docket 0
None.
Debtor(s):
Lilia Nuno Represented By
Thomas B Ure
10:00 AM
Docket 0
The Reorganized Debtor's Post Confirmation Status Report does not comply with the requirements of LBR 3020-1(b). It does not include a schedule listing for each debt and class of claims, the total amount required to be paid under the plan, the amount required to be paid as of the date of the report, the amount actually paid as of the date of the report and the deficiency if any in required payments. Reorganized Debtor is to explain the failure and to provide the required information.
Debtor(s):
Wajida Alhambra Represented By
Anthony Obehi Egbase Crystle Jane Lindsey
W. Sloan Youkstetter
10:00 AM
Telephonic Hearing
fr. 10-18-18; 12-6-18; 3-7-19, 4-25-19, 6-27-19;
7-11-19, 8-15-19
Docket 204
None.
Debtor(s):
Cedric Leonardi Represented By Leslie A Cohen
Mark E Goodfriend
10:00 AM
Docket 96
None.
Debtor(s):
Sergio Cayetano Montero Represented By Onyinye N Anyama
10:00 AM
Docket 102
None.
Debtor(s):
Sergio Cayetano Montero Represented By Onyinye N Anyama
10:00 AM
Docket 0
None.
Debtor(s):
Sergio Cayetano Montero Represented By Onyinye N Anyama
10:00 AM
by Debtor in Possession for Order Authorizing Interim Use of Cash CollateraL
FR. 10-2-19
Docket 23
None.
Debtor(s):
Parking Management Services of Represented By
Alla Tenina
10:00 AM
Docket 209
No opposition was filed.
The court has reviewed the Application for Payment of Fees of PFS Accounting, LLP. The court GRANTS the Application and awards $2,441.20 in fees and $0.00 in costs, for a total of $2,441.20. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Debtor(s):
Debtor’s counsel is to lodge an appropriate order.
Benjamin Isaac Menjivar Represented By Giovanni Orantes Luis A Solorzano
Joint Debtor(s):
Sara Aura Menjivar Represented By Giovanni Orantes Luis A Solorzano
10:00 AM
Docket 211
No opposition was filed.
The court has reviewed the Final Fee Application of The Orantes Law Firm, P.C. The court GRANTS the Application and awards $56,313.00 in fees and $750.87 in costs for the period of August 1, 2018 through July 2, 2019. The court approves on a final basis the total amount of $95,760.00 in fees and $3,103.84 in costs. Any unpaid balance is to be paid by the debtor. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1).
Appearances waived.
Debtor(s):
Debtor’s counsel is to lodge an appropriate order.
Benjamin Isaac Menjivar Represented By Giovanni Orantes Luis A Solorzano
Joint Debtor(s):
Sara Aura Menjivar Represented By Giovanni Orantes Luis A Solorzano
10:00 AM
Docket 215
None.
Debtor(s):
Benjamin Isaac Menjivar Represented By Giovanni Orantes Luis A Solorzano
Joint Debtor(s):
Sara Aura Menjivar Represented By Giovanni Orantes Luis A Solorzano
10:00 AM
Docket 235
No opposition was filed.
The court has reviewed the Final Fee Application of Gumbiner Savett, Inc. The court approves on a final basis the amount of $1,163.00 in fees and costs. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Debtor(s):
Debtor’s counsel is to lodge an appropriate order.
Randal D. Haworth M.D. Inc. Represented By Stella A Havkin
10:00 AM
Docket 237
None.
Debtor(s):
Randal D. Haworth M.D. Inc. Represented By Stella A Havkin
10:00 AM
Docket 243
No opposition was filed.
The court has reviewed the Final Fee Application of Buchalter, A Professional Corporation. The court GRANTS the Application and awards
$97,903.50 in fees and $378.33 in costs for the period of August 9, 2018 through October 16, 2019. The court approves on a final basis the total amount of $165,937.33 in fees and costs. Any unpaid balance is to be paid by the debtor. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Debtor’s counsel is to lodge an appropriate order.
Debtor(s):
Randal D. Haworth M.D. Inc. Represented By Stella A Havkin
10:00 AM
M.D., Patient Care Ombudsman fr 9-5-19
Docket 218
None.
Debtor(s):
Randal D. Haworth M.D. Inc. Represented By Stella A Havkin
10:00 AM
Hirsch, M.D., Patient Care Ombudsman fr 9-5-19
Docket 219
None.
Debtor(s):
Randal D. Haworth M.D. Inc. Represented By Stella A Havkin
10:00 AM
of Confidential Documents Under Seal Pursuant to Federal Rule of Bankruptcy Procedure 9018
fr 10-17-19
Docket 365
- NONE LISTED -
Debtor(s):
Scoobeez Represented By
Ashley M McDow Shane J Moses
10:00 AM
Free and Clear of All Liens, Claims, Encumbrances and Interests, Subject to Higher and Better
Bids; (ii) Authorizing the Assumption and Assignment of Certain Executory Contracts and Unexpired Leases in Connection With Such Sale
Scoobeez 19-14989
Jointly Administered with:
Scoobeez Global, Inc. 2:19-bk-14991 WB Scoobur LLC 2:19-bk-14997 WB
fr 10-17-19
Docket 329
- NONE LISTED -
Debtor(s):
Scoobeez Represented By
Ashley M McDow Shane J Moses
10:00 AM
Scoobeez 19-14989
Jointly Administered with:
Scoobeez Global, Inc. 2:19-bk-14991 WB Scoobur LLC 2:19-bk-14997 WB
Docket 371
- NONE LISTED -
Debtor(s):
Scoobeez Represented By
Ashley M McDow Shane J Moses
10:00 AM
Scoobeez 19-14989
Jointly Administered with:
Scoobeez Global, Inc. 2:19-bk-14991 WB Scoobur LLC 2:19-bk-14997 WB
Docket 372
- NONE LISTED -
Debtor(s):
Scoobeez Represented By
Ashley M McDow Shane J Moses
10:00 AM
Scoobeez 19-14989
Jointly Administered with:
Scoobeez Global, Inc. 2:19-bk-14991 WB Scoobur LLC 2:19-bk-14997 WB
Docket 376
- NONE LISTED -
Debtor(s):
Scoobeez Represented By
Ashley M McDow Shane J Moses
10:00 AM
Scoobeez 19-14989
Jointly Administered with:
Scoobeez Global, Inc. 2:19-bk-14991 WB Scoobur LLC 2:19-bk-14997 WB
Scoobeez 19-14989
Jointly Administered with:
Scoobeez Global, Inc. 2:19-bk-14991 WB Scoobur LLC 2:19-bk-14997 WB
Docket 378
- NONE LISTED -
Debtor(s):
Scoobeez Represented By
Ashley M McDow Shane J Moses
2:00 PM
fr 9-12-19
Docket 72
None.
Debtor(s):
Kenneth C Chew Pro Se
Movant(s):
Wesley H Avery (TR) Represented By David M Goodrich
Trustee(s):
Wesley H Avery (TR) Represented By David M Goodrich
10:00 AM
Adv#: 2:19-01289 4402 Mammoth Investors, LLC, A California Limited v. Stonehaven LLC
Docket 34
None.
Debtor(s):
4402 Mammoth Investors, LLC Represented By Mark T Young
Greenberg Glusker
Defendant(s):
Stonehaven LLC Represented By Michael H Weiss Kevin J Leichter
Plaintiff(s):
4402 Mammoth Investors, LLC, A Represented By
Mark T Young
10:00 AM
NISSAN MOTOR ACCEPTANCE CORPORATION VS
DEBTOR
fr 9-10-19; 10-8-19
Docket 73
None.
Debtor(s):
Mariana Brown Represented By Anthony P Cara
Movant(s):
NISSAN MOTOR ACCEPTANCE Represented By
Michael D Vanlochem
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
ALLY FINANCIAL INC VS
DEBTOR
re: 2011 BMW 3 Series
Stipulation for adequate protection filed 11/6/19
Docket 54
Debtor(s):
Alexander Macoy Epino Represented By Lawrence B Yang
Joint Debtor(s):
Joann Consolacion-Domingo Epino Represented By
Lawrence B Yang
Movant(s):
Ally Financial Inc. Represented By Adam N Barasch
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
ALLY FINANCIAL LEASE TRUST VS
DEBTOR
2017 Dodge Charger
Stipulation for adequate protection filed 11/6/19
Docket 55
Debtor(s):
Alexander Macoy Epino Represented By Lawrence B Yang
Joint Debtor(s):
Joann Consolacion-Domingo Epino Represented By
Lawrence B Yang
Movant(s):
ALLY FINANCIAL LEASE TRUST Represented By
Adam N Barasch
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
FLAGSHIP CREDIT ACCEPTANCE LLC VS
DEBTOR
Docket 22
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's 2017 Jeep Cherokee. The debtor has failed to pay 2 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Myrtle Faustine Jeffers Represented By Brian J Soo-Hoo
Movant(s):
Flagship Credit Acceptance LLC Represented By
10:00 AM
Trustee(s):
Michael D Vanlochem
Nancy K Curry (TR) Pro Se
10:00 AM
CAB WEST, LLC VS
DEBTOR
Docket 24
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is the lessor of debtor's 2015 Ford Flex. On September 14, 2019, debtor surrendered the vehicle to movant. On October 2, 2019, the lease matured. This is "cause" to terminate the stay under 11
U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Perla Tabora Long Represented By
Raj T Wadhwani
Movant(s):
Cab West, LLC Represented By
10:00 AM
Trustee(s):
Jennifer H Wang
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
fr 6-25-19; 7-16-19, 8-27-19; 9-10-19
Docket 76
None.
Debtor(s):
Katherine Marie Akingbade Represented By Brad Weil
Movant(s):
U.S. Bank National Association as Represented By
Ashish R Rawat Diane Weifenbach
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
fr 7-30-19, 8-27-19; 10-1-19
Docket 34
- NONE LISTED -
Debtor(s):
Diana RAZINN Represented By
R Grace Rodriguez
Joint Debtor(s):
Masaki FUJISHIMA Represented By
R Grace Rodriguez
Movant(s):
U.S. BANK NATIONAL Represented By Andrew Kussmaul Sean C Ferry
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
fr. 9-24-19; 10-1-19, 10-15-19
Docket 61
None.
Debtor(s):
Irey Dolores Hilsman Represented By Kathleen A Moreno
Movant(s):
U.S. Bank National Association as Represented By
Ashish R Rawat Diane Weifenbach
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DEUTSCHE BANK NATIONAL TRUST COMPANY VS
DEBTOR
fr. 8-13-19; 9-10-19; 10-8-19
Docket 27
- NONE LISTED -
Debtor(s):
Joseph Hernandez Represented By Julie J Villalobos
Joint Debtor(s):
Roberta Hernandez Represented By Julie J Villalobos
Movant(s):
Deutsche Bank National Trust Represented By
Erica T Loftis Pacheco Kirsten Martinez
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
MADELEINE COURT COMMUNITY ASSOCIATION
VS DEBTOR
Docket 34
None.
Debtor(s):
Genia Elicia Graves Represented By
Raj T Wadhwani
Movant(s):
Madeleine Court Community Assoc Represented By
Neil B Katz
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Docket 29
None.
Debtor(s):
Cristian Omar Maulion Represented By Lionel E Giron
Movant(s):
U.S. Bank National Association as Represented By
Ashish R Rawat Diane Weifenbach
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
NATIONSTAR MORTGAGE LLC VS
DEBTOR
Docket 48
Notice of the hearing was insufficient. Hearing must be continued to provide sufficient notice to parties in interest.
Debtor(s):
Dock Watts Represented By
Dana C Bruce
Movant(s):
Nationstar Mortgage LLC d/b/a Mr. Represented By
Erin Elam
John D Schlotter
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
QUALITY LOAN SERVICE CORPORATION VS
DEBTOR
Docket 52
None.
Debtor(s):
Kristine McCallie Represented By Ali R Nader
Movant(s):
Quality Loan Service Corporation Represented By
Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 7
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on October 16, 2019. This motion was filed on October 16, 2019, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to all creditors. Pursuant to the evidence presented, the Court GRANTS the relief requested in the motion based upon an apparent
10:00 AM
change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Carolyn Denise Echols Represented By
D Justin Harelik
Movant(s):
Carolyn Denise Echols Represented By
D Justin Harelik
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 20
None.
Debtor(s):
Dominique C Edwards Represented By Onyinye N Anyama
Movant(s):
Dominique C Edwards Represented By Onyinye N Anyama
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 10
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on October 17, 2019. This motion was filed on October 22, 2019, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to all creditors. Pursuant to the evidence presented, the Court GRANTS the relief requested in the motion based upon an apparent
10:00 AM
change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Roberto Garcia Represented By Jaime A Cuevas Jr.
Joint Debtor(s):
Lilia Arechiga Represented By Jaime A Cuevas Jr.
Movant(s):
Roberto Garcia Represented By Jaime A Cuevas Jr.
Lilia Arechiga Represented By Jaime A Cuevas Jr. Jaime A Cuevas Jr.
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
HALEY CAPITAL LLC VS
DEBTOR
Docket 22
- NONE LISTED -
Debtor(s):
Trousdale US Aussie, LLC Represented By John N Tedford
Movant(s):
Hankey Capital LLC Represented By Eric A Mitnick
2:00 PM
Adv#: 2:18-01249 Harmandjian v. Massei et al
Fraud; and
Conversion 11 USC Section 523(a)(2)(A) & (a)(4) & (a)(6) & 9a)(2)(C)
Docket 25
None.
Debtor(s):
Steven Massei Represented By
Andrew Edward Smyth Stephen S Smyth
Defendant(s):
Steven Massei Represented By
Andrew Edward Smyth
Martha Massei Represented By
Andrew Edward Smyth
Joint Debtor(s):
Martha Massei Represented By
Andrew Edward Smyth Stephen S Smyth
Plaintiff(s):
Liana Harmandjian Represented By
Raffy M Boulgourjian
2:00 PM
Trustee(s):
Sam S Leslie (TR) Pro Se
10:00 AM
Docket 0
- NONE LISTED -
1:30 PM
Docket 72
- NONE LISTED -
Debtor(s):
Maricela Pocasangre Represented By Halli B Heston
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 64
- NONE LISTED -
Debtor(s):
Dimas Israel Galindo Garcia Represented By Todd L Turoci
Joint Debtor(s):
Lily Senaida Galindo Represented By Todd L Turoci
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 42
- NONE LISTED -
Debtor(s):
Margarita Tovar Represented By Jeffrey N Wishman
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 45
- NONE LISTED -
Debtor(s):
David Saravia Represented By Rebecca Tomilowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 45
- NONE LISTED -
Debtor(s):
Ramon Celestino Represented By Todd L Turoci
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 45
- NONE LISTED -
Debtor(s):
Jose O. Rosales Represented By Michael Jay Berger
Joint Debtor(s):
Olga D Rosales Represented By Michael Jay Berger
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 94
- NONE LISTED -
Debtor(s):
Gina Maria Dapremont Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 34
- NONE LISTED -
Debtor(s):
Roberto Rodriguez Lopez Represented By Lauren M Foley
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 52
- NONE LISTED -
Debtor(s):
Manuel J. Leon Jr. Represented By Jacqueline D Serrao
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 27
- NONE LISTED -
Debtor(s):
Marlene Louise Butler Swancy Represented By
D Justin Harelik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 54
- NONE LISTED -
Debtor(s):
Raul De Jesus Represented By Stuart R Simone
Joint Debtor(s):
Rosa Ortega Represented By
Stuart R Simone
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 21
- NONE LISTED -
Debtor(s):
Salena Ojeda Represented By
Amanda G Billyard
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 52
- NONE LISTED -
Debtor(s):
Rassoul Yazdipour Represented By Mark T Jessee
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 26
- NONE LISTED -
Debtor(s):
Ronnie Woods Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 49
- NONE LISTED -
Debtor(s):
Jerome Reynolds Represented By Heather J Canning Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 10-16-19
Docket 38
The court continued the hearing to allow Debtor's counsel to file a declaration providing a narrative of the services provided. No supplemental declaration has been filed. As a result, counsel has not met his burden of proof and the application for fees is DENIED.
Debtor(s):
Ricardo Garcia Represented By Stephen L Burton
Joint Debtor(s):
Edith Isela Garcia Represented By Stephen L Burton
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 93
- NONE LISTED -
Debtor(s):
Arnold Lydell Youngblood Represented By Dana C Bruce Crystal Johnson
Joint Debtor(s):
Sylvia Stacey Gonzales Represented By Dana C Bruce
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 31
None.
Debtor(s):
Colin Hooks Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 80
- NONE LISTED -
Debtor(s):
Katherine Marie Akingbade Represented By Brad Weil
Movant(s):
Katherine Marie Akingbade Represented By Brad Weil
Katherine Marie Akingbade Represented By Brad Weil
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 4-24-19; 6-26-19, 8-28-19; 11-6-19
Docket 71
- NONE LISTED -
Debtor(s):
Katherine Marie Akingbade Represented By Brad Weil
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 8-28-19; 11-6-19
Docket 76
- NONE LISTED -
Debtor(s):
Romel Castrillo Faraon Represented By Stephen S Smyth William J Smyth
Movant(s):
Nancy K Curry (TR) Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 106
None.
Debtor(s):
Marine Akrabian Represented By Matthew D. Resnik Sunjay Bhatia
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-6-19
Docket 36
None.
Debtor(s):
Dennis J. Kiggins Represented By Kevin Tang
Joint Debtor(s):
Georgenia M. Kiggins Represented By Kevin Tang
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
fr 10-3-19
Docket 274
A stipulation to continue the hearing on the motion was filed in this case. The Court will review the stipulation. Movant is to refer to docket entry no. 288 on CMECF and to properly file the documents and lodge an appropriate proposed order. Accordingly, this matter is CONTINUED to December 19, 2019 at 10:00 a.m. Appearances waived.
Debtor(s):
Philip L. Marchiondo Represented By Ian Landsberg
10:00 AM
fr. 8-13-15; 9-24-15; 1-28-16, 5-26-16; 9-28-16
1-26-17, 5-25-17; 8-24-17, 12-14-17; 2-1-18; 3-29-18,
5-3-18; 5-31-18; 8-23-18; 11-15-18; 1-17-19, 4-25-19; 10-17-19
Docket 1
A stipulation to continue the post-confirmation status conference was filed in this case. The Court will review the stipulation. Movant is to refer to docket entry no. 288 on CMECF and to properly file the documents and lodge an appropriate proposed order. Accordingly, the status conference is CONTINUED to December 19, 2019 at 10:00 a.m. Appearances waived.
Debtor(s):
Philip L. Marchiondo Represented By Ian Landsberg
Movant(s):
Philip L. Marchiondo Represented By Ian Landsberg
10:00 AM
Docket 9
None.
Debtor(s):
Trousdale US Aussie, LLC Represented By John N Tedford
10:00 AM
Docket 7
This status conference is CONTINUED to December 12, 2019 at 10:00 a.m. Debtor's counsel is to serve notice of the continued status conference by November 13, 2019 at 4:00 p.m. Appearances waived.
Debtor(s):
Parking Management Services of Represented By
Alla Tenina
10:00 AM
Affects:
All Debtors
Jointly Administered with:
Scoobeez Global, Inc. 2:19-bk-14991 WB Scoobur LLC 2:19-bk-14997 WB
fr 8-1-19; 8-22-19
Docket 1
Debtor(s):
Scoobeez Represented By
Ashley M McDow
10:00 AM
fr 10-17-19
Docket 50
None.
Debtor(s):
Mohdsameer Y Aljanedi Represented By Andy C Warshaw
10:00 AM
fr 8-1-19; 11-7-19
Docket 29
None.
Debtor(s):
Mohdsameer Y Aljanedi Represented By Andy C Warshaw
10:00 AM
Telephonic Hearing
fr 11-7-19
Oniyinye Anyama to appear by telephone
Docket 96
None.
Debtor(s):
Sergio Cayetano Montero Represented By Onyinye N Anyama
10:00 AM
Docket 0
None.
Debtor(s):
Wajida Alhambra Represented By
Anthony Obehi Egbase Crystle Jane Lindsey
W. Sloan Youkstetter
10:00 AM
fr 1-31-19; 4-25-19; 6-6-19; 7-11-19; 8-22-19, 10-17-19
Docket 149
A stipulation to continue the hearing was filed in this case. The Court will review the stipulation and enter an order approving the stipulation.
Accordingly, this matter is CONTINUED to June 6, 2019 at 10:00 a.m.
Appearances waived.
Debtor(s):
American Ranch and Seafood Represented By Sandford L. Frey
10:00 AM
Docket 173
None.
Debtor(s):
Crescent Associates, LLC. Represented By Robert M Yaspan
Movant(s):
Crescent Associates, LLC. Represented By Robert M Yaspan
10:00 AM
fr 12-6-18; 4-11-19, 4-25-19; 6-27-19; 9-12-19
Docket 0
None.
Debtor(s):
Crescent Associates, LLC. Represented By Robert M Yaspan
10:00 AM
For Authority To Employ Winthrop Couchot Golubow Hollander, LLP As Its General Insolvency Counsel;
Docket 23
None.
Debtor(s):
Quality Reimbursement Services, Represented By
Garrick A Hollander Alastair M Gesmundo
10:00 AM
Docket 49
None.
Debtor(s):
Quality Reimbursement Services, Represented By
Garrick A Hollander Alastair M Gesmundo
10:00 AM
Docket 30
None.
Debtor(s):
Quality Reimbursement Services, Represented By
Garrick A Hollander Alastair M Gesmundo
10:00 AM
Docket 47
- NONE LISTED -
Debtor(s):
Quality Reimbursement Services, Represented By
Garrick A Hollander Alastair M Gesmundo
10:00 AM
Docket 13
None.
Debtor(s):
Quality Reimbursement Services, Represented By
Garrick A Hollander
10:00 AM
Telephonic Hearing
Robert Goe to appear by telephone
Docket 191
No opposition having been filed, and good cause presented, the motion is GRANTED. Movant must lodge a proposed order via LOU within 7 days of the hearing. Appearances waived.
Debtor(s):
Mad Dogg Athletics, Inc. Represented By David S Kupetz Asa S Hami Cathy Ta
10:00 AM
Telephonic Hearing
fr 10-3-19
Robert Goe to appear by telephone
Docket 1
Debtor(s):
Mad Dogg Athletics, Inc. Represented By David S Kupetz Asa S Hami Cathy Ta
Movant(s):
Mad Dogg Athletics, Inc. Represented By David S Kupetz Asa S Hami Cathy Ta
10:00 AM
Telephonic Hearing
(1) Approving the Sale of Real Property of the Estate Free and Clear of Liens and Other Interests and Bidding Procedures; (2) Finding Buyer is a Good Faith Purchaser; (3) Waiving 14-Day Stay
of FRBP 6004(h)
Allan D Sarver to appear by telephone Jennifer C Wong to appear by telephone
Docket 153
None.
Debtor(s):
Thomas D. Bohlmann Represented By Paul R Shankman
James Andrew Hinds Jr Rachel M Sposato
10:00 AM
Telephonic Hearing
fr 3-7-19; 7-31-19; 8-1-19; 8-22-19
Allan D Sarver to appear by telephone Jennifer C Wong to appear by telephone
Docket 12
None.
Debtor(s):
Thomas D. Bohlmann Represented By Paul R Shankman
James Andrew Hinds Jr Rachel M Sposato
10:00 AM
Docket 208
- NONE LISTED -
Debtor(s):
Ameriquest Security Service Represented By Michael Jay Berger
Amelia Puertas-Samara
2:00 PM
Brad Krasnoff
Docket 68
None.
Final Ruling. This fee application has been set for hearing on the notice required by LBR 9013-1(d)(2) and other applicable rules. The failure of the debtor and parties in interest to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(f) is considered as consent to the granting of the motion. LBR 9013-1(h). CF. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). No appearance is allowed.
Brad D. Krasnoff. Brad D. Krasnoff ("Trustee") has filed a Final Report and Application for Compensation and reimbursement of expenses pursuant to 11 U.S.C. §§ 326 & 330. Trustee has itemized $30,031.26 in fees and $206.77 expenses with a pro rata proposed payment of
$18,513.88 in fees and $206.77 in expenses, for a total of $18,720.65. No creditor or other party in interest, including the United States trustee, has filed an objection to the application.
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee’s services, payable after the trustee renders such services, not to exceed 25% of the first $5,000 or less, 10% on any amounts in excess of $5,000 but not in excess of
$50,000, 5% on any amount in excess of $50,000 but not in excess of
2:00 PM
$1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
In this case, the total money disbursed or turned over in the case by the Trustee to parties in interest, excluding the debtor, is $535,625.15. There being no extraordinary circumstances present in this case, the trustee’s requested compensation is presumed reasonable since it is sought at the statutory rate. In re Salgado-Nava, 473 B.R. 911 (9th Cir. BAP 2012).
The court finds that the Trustee’s requested compensation, pro rata, meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate. The compensation is APPROVED.
Danning Gill Diamond & Kollitz LLP: The court has reviewed the Application of Danning Gill Diamond & Kollitz LLP for the Allowance of Fees and Reimbursement of Expenses. The court GRANTS the Application and awards $61,163.00 in fees and $1,736.60 in expenses, with a pro rata proposed payment of $37,706.19 in fees and $1,736.60 in expenses for a total of $39,442.79. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Trustee is to lodge an appropriate order.
LEA Accountancy: The court has reviewed the Application of LEA Accountancy for the Allowance of Fees and Reimbursement of Expenses. The court GRANTS the Application and awards $12,650.00 in fees and
$575.19 in expenses, with a pro rata proposed payment of $7,798.56 in fees and $575.19 in expenses for a total of $8,373.75. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Trustee is to lodge an appropriate order.
2:00 PM
Debtor(s):
Solomon & King Management Represented By Michael Avanesian
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Sonia Singh
2:00 PM
Docket 39
None.
Debtor(s):
Ngozi Ndidi Obieli Represented By Sanaz S Bereliani
Trustee(s):
Elissa Miller (TR) Pro Se
2:00 PM
fr 10-17-19
Docket 15
Debtor(s):
Shirley Lorena Gonzalez Alvarado Represented By
Daniel King
Trustee(s):
Sam S Leslie (TR) Pro Se
2:00 PM
Docket 11
None.
Debtor(s):
Anthony Simien Represented By Julie J Villalobos
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Free and Clear of All Liens, Claims, Encumbrances and Interests, Subject to Higher and Better
Bids; (ii) Authorizing the Assumption and Assignment of Certain Executory Contracts and Unexpired Leases in Connection With Such Sale
Scoobeez 19-14989
Jointly Administered with:
Scoobeez Global, Inc. 2:19-bk-14991 WB Scoobur LLC 2:19-bk-14997 WB
fr 10-17-19, 11-7-19
Docket 329
None.
Debtor(s):
Scoobeez Represented By
Ashley M McDow Shane J Moses
10:00 AM
of Confidential Documents Under Seal Pursuant to Federal Rule of Bankruptcy Procedure 9018
fr 10-17-19, 11-7-19
Scoobeez 19-14989
Jointly Administered with:
Scoobeez Global, Inc. 2:19-bk-14991 WB Scoobur LLC 2:19-bk-14997 WB
Docket 365
None.
Debtor(s):
Scoobeez Represented By
Ashley M McDow Shane J Moses
10:00 AM
(A) Determining that the Automatic Stay does not Require Amazon to Utilize Debtor's Services, and (B) Modifying the Automatic Stay
Scoobeez 19-14989
Jointly Administered with:
Scoobeez Global, Inc. 2:19-bk-14991 WB Scoobur LLC 2:19-bk-14997 WB
Docket 393
This matter is CONTINUED to December 11, 2019 at 10:00 a.m.
Appearances waived.
Debtor(s):
Scoobeez Represented By
Ashley M McDow Shane J Moses
Movant(s):
Amazon Logistics, Inc. Represented By Richard W Esterkin
10:00 AM
Adv#: 2:19-01456 Scoobeez, Inc. v. Amazon Logistics, Inc.
Scoobeez 19-14989
Jointly Administered with:
Scoobeez Global, Inc. 2:19-bk-14991 WB Scoobur LLC 2:19-bk-14997 WB
Docket 6
This matter is CONTINUED to December 11, 2019 at 10:00 a.m.
Appearances waived.
Debtor(s):
Scoobeez Represented By
Ashley M McDow Shane J Moses
Defendant(s):
Amazon Logistics, Inc. Represented By Richard W Esterkin
Movant(s):
Hillair Capital Management, LLC Represented By
Eric D Winston Jennifer L Nassiri
Plaintiff(s):
Scoobeez, Inc. Represented By Shane J Moses
10:00 AM
Ashley M McDow
10:00 AM
Adv#: 2:19-01456 Scoobeez, Inc. v. Amazon Logistics, Inc.
fr. 10-28-19
Scoobeez 19-14989
Jointly Administered with:
Scoobeez Global, Inc. 2:19-bk-14991 WB Scoobur LLC 2:19-bk-14997 WB
Docket 2
This matter is CONTINUED to December 11, 2019 at 10:00 a.m.
Appearances waived.
Debtor(s):
Scoobeez Represented By
Ashley M McDow Shane J Moses
Defendant(s):
Amazon Logistics, Inc. Pro Se
Plaintiff(s):
Scoobeez, Inc. Represented By Shane J Moses Ashley M McDow
10:00 AM
Affects:
All Debtors
Jointly Administered with:
Scoobeez Global, Inc. 2:19-bk-14991 WB Scoobur LLC 2:19-bk-14997 WB
fr 8-1-19; 8-22-19, 11-7-19
Docket 1
None.
Debtor(s):
Scoobeez Represented By
Ashley M McDow
10:00 AM
WILMINGTON SAVINGS FUND SOCIETY FSB VS
DEBTOR
Docket 9
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1), (d)(2), and (d)(4). The stay is terminated as to the debtor and the debtor’s bankruptcy estate with respect to the movant, its successors, transferees and assigns. Movant may enforce its remedies to obtain possession of the property in accordance with applicable law, but may not pursue a deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Appearances waived.
Movant completed a nonjudicial foreclosure sale on the real property formerly owned by, and still occupied by, the debtor. Under California law, once a nonjudicial foreclosure sale has occurred, the trustor has no right of redemption. Moeller v. Lien, 25 Cal. App. 4th 822, 831 (1994). In this case, the debtor has no right to ignore the foreclosure and attempt to reorganize the debt.
Movant served the debtor with a three-day notice to quit the premises on May 24, 2019. Movant filed an unlawful detainer complaint on May 30, 2019. Debtor filed a bankruptcy petition on August 13,2019, case number 19- bk-19449, and an order was entered on September 11, 2019 granting relief from the automatic stay in favor of movant. A judgment was entered on September 25, 2019. Case number 19-bk-19449 was dismissed on September 26, 2019. Debtor then filed the current bankruptcy petition on October 25, 2019 in an apparent effort to stay enforcement of the unlawful detainer judgment. This motion has been filed to proceed with the unlawful
10:00 AM
detainer action. This action must go forward because the debtor’s right to possess the premises must be determined. This does not change simply because a bankruptcy petition was filed. Furthermore, the court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving multiple bankruptcy filings affecting the subject property.
11 U.S.C. § 362(d)(4).
The 14-day period specified in FRBP 4001(a)(3) is waived. Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11
U.S.C. § 362(d)(4). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Pierre Wasolua Nsilu Pro Se
Movant(s):
Wilmington Savings Fund Society Represented By
Trace D Alexander
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
CONSUMER PORTFOLIO SERVICES, INC VS
DEBTOR
Docket 113
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's 2018 Toyota Camry. The debtor has failed to pay 3 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Byron H. Knight Represented By Steven B Lever
Joint Debtor(s):
Lakesha M. Knight Represented By
10:00 AM
Movant(s):
Steven B Lever
Consumer Portfolio Services, Inc. Represented By
Lemuel Bryant Jaquez
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
JPMORGAN CHASE BANK, N.A. VS
DEBTOR
Docket 42
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's 2008 Cadillac Escalade. The debtor has failed to pay 4 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Diana RAZINN Represented By
R Grace Rodriguez
Joint Debtor(s):
Masaki FUJISHIMA Represented By
10:00 AM
Movant(s):
R Grace Rodriguez
JPMORGAN CHASE BANK, N.A. Represented By
Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
VW CREDIT, INC VS
DEBTOR
Docket 14
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's 2017 Volkswagen Golf. The debtor has failed to pay 1 post-petition payment. Also, the court takes judicial notice of the debtor’s Chapter 13 Plan filed in this case on September 13, 2019 in which the debtor stated an intention to surrender the property to movant. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Lori Ann Carreon Represented By Julie J Villalobos
10:00 AM
Movant(s):
VW Credit, Inc. Represented By Austin P Nagel
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
BANK OF AMERICA N.A. VS
DEBTOR fr. 10-15-19
Docket 34
- NONE LISTED -
Debtor(s):
Catherine A Johnson Represented By Gregory Grigoryants
Movant(s):
BANK OF AMERICA, N.A. Represented By Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR fr. 10-15-19
Docket 70
None.
Debtor(s):
Benjie L Knox Represented By Sunita N Sood
Movant(s):
U.S. Bank National Association as Represented By
Ashish R Rawat Diane Weifenbach
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
SUN WEST MORTGAGE COMPANY VS
DEBTOR fr. 10-15-19
Docket 33
None.
Debtor(s):
Susana Bernal Salomon Represented By
D Justin Harelik
Movant(s):
Sun West Mortgage Company, Inc., Represented By
Nichole Glowin
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WILMINGTON TRUST NATIONAL ASSOCIATION VS
DEBTOR fr.10-15-19
Docket 39
None.
Debtor(s):
Dock Watts Represented By
Dana C Bruce
Movant(s):
Wilmington Trust, National Represented By Ketan G Sawarkar
Cassandra J Richey Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
LOAN CARE, LLC VS
DEBTOR
Docket 40
None.
Debtor(s):
Virgilio Cledera Verdejo Represented By David Lozano
Joint Debtor(s):
Susana Guerrero Verdejo Represented By David Lozano
Movant(s):
LoanCare, LLC Represented By Cassandra J Richey
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Docket 55
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Angela Gabriela Padron Represented By Kevin Liu
10:00 AM
Movant(s):
U.S. Bank National Association as Represented By
Ashish R Rawat Diane Weifenbach
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
CHAMPION MORTGAGE COMPANY VS
DEBTOR
Docket 26
None.
Debtor(s):
Jean Walker Represented By
Michael E Clark
Movant(s):
CHAMPION MORTGAGE Represented By Can Guner Sean C Ferry
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WILMINGTON SAVINGS FUND SOCIETY, FSB VS
DEBTOR
Docket 52
None.
Debtor(s):
Darren Searle Represented By William G Cort
Movant(s):
Wilmington Savings Fund Society, Represented By
Nichole Glowin
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK TRUST, N.A., VS
DEBTOR
Docket 35
- NONE LISTED -
Debtor(s):
Julian Barajas Represented By Stephen L Burton
Movant(s):
U.S. Bank Trust, N.A., as Trustee for Represented By
Christina J Khil
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
US BANK NA VS
DEBTOR
Docket 27
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 6 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
William Frank Marshall Represented By John Asuncion
Movant(s):
US Bank NA Represented By
10:00 AM
Trustee(s):
Kristin A Zilberstein
Nancy K Curry (TR) Pro Se
10:00 AM
MURIAL MEDIA LLC 401K VS
DEBTOR
Docket 14
None.
Debtor(s):
Dominique C Edwards Represented By Onyinye N Anyama
Movant(s):
Mural Media LLC 401K plan as to Represented By
Edward T Weber
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
fr 11-12-19
Docket 20
None.
Debtor(s):
Dominique C Edwards Represented By Onyinye N Anyama
Movant(s):
Dominique C Edwards Represented By Onyinye N Anyama
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
RAMA NPL 1, LLC VS
DEBTOR
Docket 9
The debtor filed a notice of conversion to chapter 7 on November 7, 2019. The hearing on this motion is continued to December 17, 2019 at 10:00 a.m. so that movant may serve the chapter 7 trustee with the motion. Appearances waived.
Debtor(s):
Debora Perez Represented By
Joshua R Engle
Movant(s):
Rama NPL 1, LLC Represented By Martin W. Phillips
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WILLIE GUTMAN & INNA SHTURMAN VS
DEBTOR
Docket 11
Debtor's case was dismissed on November 12, 2019; however, because movant has requested in rem, relief, (d)(4) relief, and for the Court to annul the stay the Court will retain its jurisdiction to hear the matter under 11
U.S.C. § 362.
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving multiple bankruptcy filings affecting the subject property. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay is annulled retroactive to the petition date, so that enforcement actions taken by movant, if any, before receipt of notice of the automatic stay will not be deemed to have been voided by the automatic stay. See Nat’l Envtl. Waste Corp. v. City of Riverside (In re Nat’l Envtl. Waste Corp.), 129 F.3d 1052, 1055 (9th Cir. 1997). Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject
10:00 AM
property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11 U.S.C. § 362(d)(4). All other relief is denied.
Movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Joan Fan Pro Se
Movant(s):
Willie Gutman, an individual as to Represented By
Alla Tenina
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
362(c)(4)(A)(ii)
INLAND PRESTIGE PROPERTIES, LLC VS
DEBTOR
Docket 19
No opposition was filed.
Section 362(c) states that if a single or joint case filed by or against the Debtor was pending but dismissed within the year ending on the petition date of this case, the dismissed case was not a case refiled under a chapter other than chapter 7 following dismissal under 11 U.S.C. § 707(b), and 30 days have elapsed since the filing of the petition in the above-entitled case and no order has been entered continuing the stay, the Court shall promptly enter an order confirming that no stay is in effect. 11 U.S.C. § 362(c)(3)
The motion is GRANTED. The Court finds that no stay is in effect in this case under 11 U.S.C. § 362(c)(3) due to a single or joint case filed by or against the debtor that was pending within the previous year but was dismissed, the 30 days having elapsed since the filing of the petition and no order having been entered continuing the stay. All other relief is denied.
Movant's counsel must lodge a proposed order via LOU within 7 days of the hearing. Appearances waived.
Debtor(s):
James H Chatman Pro Se
10:00 AM
Movant(s):
Inland Prestige Properties, LLC Represented By Coby Halavais
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 12
No opposition was filed.
Section 362(c)(4)(A) states that if a single or joint case is filed by or against a debtor who is an individual under this title, and if 2 or more single or joint cases of the debtor were pending within the previous year but were dismissed, other than a cased refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay shall not go into effect upon the filing of the later case, and on request of a party in interest, the Court shall promptly enter an order confirming that no stay is in effect. 11 U.S.C. § 362(c) (4)(A).
On motion of a party in interest for imposition of the automatic stay and upon notice and a hearing, the Court may impose the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) if the request is made within 30 days of the filing of the later case and after notice and a hearing, only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11 U.S.C. § 362(c)(4)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on October 22, 2019. This motion was filed on October 29, 2019. The motion is timely.
According to the evidence, debtor seeks imposition of the automatic stay as to all creditors. Pursuant to the evidence presented, the Court GRANTS the relief requested in the motion based upon an apparent change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
10:00 AM
Movant’s counsel shall upload an appropriate order via the Court’s
LOU system.
Debtor(s):
Lee Arthur Miller Represented By Joseph C Rosenblit
Joint Debtor(s):
Barbara Jean Miller Represented By Joseph C Rosenblit
Movant(s):
Lee Arthur Miller Represented By Joseph C Rosenblit
Barbara Jean Miller Represented By Joseph C Rosenblit
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 13
- NONE LISTED -
Debtor(s):
Marina Alina Armijo Represented By Christopher J Langley
Movant(s):
Marina Alina Armijo Represented By Christopher J Langley
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 9
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on October 29, 2019. This motion was filed on October 29, 2019, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to all creditors. Pursuant to the evidence presented, the Court GRANTS the relief requested in the motion based upon an apparent
10:00 AM
change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Shannon D Perez Represented By Axel H Richter
Movant(s):
Shannon D Perez Represented By Axel H Richter
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 12
None.
Debtor(s):
Ferdinand Manalo Galang Represented By Heather J Canning
Joint Debtor(s):
LaDonna Padrelanan Montajes Represented By Heather J Canning
Movant(s):
Ferdinand Manalo Galang Represented By Heather J Canning
LaDonna Padrelanan Montajes Represented By Heather J Canning Heather J Canning Heather J Canning Heather J Canning
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DANCO INC VS DEBTOR
Docket 18
None.
Debtor(s):
Johnny Xavier Freile Pro Se
Movant(s):
DANCO INC. Represented By
Lane M Nussbaum
Trustee(s):
Timothy Yoo (TR) Pro Se
10:00 AM
GATEWAY ONE LENDING & FINANCE VS
DEBTOR fr 11-5-19
Docket 14
None.
Debtor(s):
Jamenica B. Reyes Represented By Tom A Moore
Movant(s):
Gateway One Lending & Finance Represented By
Karel G Rocha
Trustee(s):
Nancy K Curry (TR) Pro Se
11:00 AM
Docket 85
None.
Debtor(s):
Quality Reimbursement Services, Represented By
Garrick A Hollander Alastair M Gesmundo
2:00 PM
Adv#: 2:19-01414 Official Committee of Unsecured Creditors of the E v. Hillair Capital
1) Mandatory Subordination of Claim Pursuant to 11 U.S.C. § 510(b) and Rule 7001(8) of the Federal Rules of Bankruptcy Procedure;
Subordination of Lien Pursuant to 11
U.S.C. § 105 and Rules 7001(2) and 7001(8) of the Federal Rules of Bankruptcy Procedure;
Disallowance of Claim Pursuant to 11
U.S.C. § 502(b)(1) as to Amount;
Recharacterization of Claim as Equity;
Avoidance and Preservation of Lien Pursuant to 11 U.S.C. §§ 506(d) & 551; and
Determination of Extent of Value of Lien Pursuant to 11 U.S.C. § 506(a)
Docket 1
- NONE LISTED -
Debtor(s):
Scoobeez Represented By
Ashley M McDow Shane J Moses
Defendant(s):
Hillair Capital Investments L.P. Pro Se
2:00 PM
Plaintiff(s):
Official Committee of Unsecured Represented By
John-Patrick M Fritz
2:00 PM
Adv#: 2:19-01454 McCallie v. WILMINGTON SAVINGS FUND SOCIETY FSB, doing
Docket 2
None.
Debtor(s):
Kristine McCallie Represented By Ali R Nader
Defendant(s):
WILMINGTON SAVINGS FUND Pro Se
Plaintiff(s):
Kristine McCallie Represented By David Brian Lally
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
QUALITY LOAN SERVICE CORPORATION VS
DEBTOR fr 11-12-19
Docket 52
None.
Debtor(s):
Kristine McCallie Represented By Ali R Nader
Movant(s):
Quality Loan Service Corporation Represented By
Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
9:00 AM
Adv#: 2:19-01289
4402 Mammoth Investors, LLC, A California Limited v. Stonehaven LLC
Docket No: 34
Debtor(s):
4402 Mammoth Investors, LLC Represented By Mark T Young
Greenberg Glusker
Defendant(s):
Stonehaven LLC Represented By Michael H Weiss Kevin J Leichter
Plaintiff(s):
4402 Mammoth Investors, LLC, A Cal Represented By
Mark T Young
10:00 AM
fr 7-31-19; 8-22-19; 10-17-19
Docket 16
Given the acquistion of the Union Bank debt by Mr. Baudhuin, Debtor and Replacement Lender are to address how Mr. Baudhuin can fulfill his fiduciary duties to the creditors and the estate given the terms of the stipulation authorizing the use of cash collateral. Specifically, Debtor is to address paragraphs 1.1.3, 4.1, 4.2, and 5.1 of the stipulation, which according to Debtor will be incorporated into the stipulation with Replacement Lender.
Debtor(s):
Mad Dogg Athletics, Inc. Represented By David S Kupetz Asa S Hami Cathy Ta
10:00 AM
fr 11-19-19
Docket 12
None.
Debtor(s):
Ferdinand Manalo Galang Represented By Heather J Canning
Joint Debtor(s):
LaDonna Padrelanan Montajes Represented By Heather J Canning
Movant(s):
Ferdinand Manalo Galang Represented By Heather J Canning
LaDonna Padrelanan Montajes Represented By Heather J Canning Heather J Canning Heather J Canning Heather J Canning
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 101
None.
Debtor(s):
Quality Reimbursement Services, Represented By
Garrick A Hollander Alastair M Gesmundo
2:00 PM
Adv#: 2:19-01289 4402 Mammoth Investors, LLC, A California Limited v. Stonehaven LLC
[RULING]
fr. 10-11-19; 10-22-19; 11-8-19; 11-20-19
Docket 34
None.
Debtor(s):
4402 Mammoth Investors, LLC Represented By Mark T Young
Greenberg Glusker
Defendant(s):
Stonehaven LLC Represented By Michael H Weiss Kevin J Leichter
Plaintiff(s):
4402 Mammoth Investors, LLC, A Represented By
Mark T Young
10:00 AM
HOLLAND RESIDENTIAL, LLC VS
DEBTOR
Docket 8
- NONE LISTED -
Debtor(s):
Amber Johnson Pro Se
Movant(s):
Holland Residential, LLC Represented By Agop G Arakelian
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
TOYOTA MOTOR CREDIT CORPORATION VS
DEBTOR
Austin P. Nagel to appear by telephone
Docket 38
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's 2011 Lexus IS350C. The debtor has failed to pay 3 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Candice Belasco Conerly Represented By Kian Mottahedeh
10:00 AM
Movant(s):
Toyota Motor Credit Corporation Represented By
Austin P Nagel
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
FORD MOTOR CREDIT COMPANY VS
DEBTOR
Sheryl K Ith to appear by telephone
Docket 68
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's 2015 Ford Transit Connect. The debtor has failed to pay 10 post- petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Percival D Clarito Represented By
10:00 AM
William J Smyth Andrew Edward Smyth
Joint Debtor(s):
Rosanna D Clarito Represented By William J Smyth
Andrew Edward Smyth
Movant(s):
Ford Motor Credit Company LLC Represented By
Jennifer H Wang
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
MADELEINE COURT COMMUNITY ASSOCIATION
VS DEBTOR
fr 11-12-19
Docket 34
- NONE LISTED -
Debtor(s):
Genia Elicia Graves Represented By
Raj T Wadhwani
Movant(s):
Madeleine Court Community Assoc Represented By
Neil B Katz
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
NATIONSTAR MORTGAGE LLC VS
DEBTOR fr 11-5-19
Arnold L. Graff to appear by telephone
Docket 49
None.
Debtor(s):
RAUL RANGEL CERVANTES Represented By
Ruben Fuentes
Movant(s):
Nationstar Mortgage LLC d/b/a Mr. Represented By
Nichole Glowin
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
SELECT PORTFOLIO SERVICING INC VS
DEBTOR fr 11-5-19
Erica A. Luna to appear by telephone
Docket 31
None.
Debtor(s):
Robert Destefano Represented By Erika Luna
Movant(s):
Select Portfolio Servicing Inc. as Represented By
Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
THE BANK OF NEW YORK MELLON VS
DEBTOR
Case dismissed 9/26/19
fr 11-5-19
Docket 23
None.
Debtor(s):
Nicolas Gutierrez Pro Se
Movant(s):
The Bank of New York Mellon FKA Represented By
Kirsten Martinez
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
CHAMPION MORTGAGE COMPANY VS
DEBTOR fr 11-5-19
Docket 16
- NONE LISTED -
Debtor(s):
Kevin Cabral Represented By
Eliza Ghanooni
Movant(s):
Champion Mortgage Company Represented By Anna Landa
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
FREEDOM MORTGAGE CORPORATION VS
DEBTOR
Sanaz S. Bereliani to appear by telephone Dane Exnowski to appear by telephone
Docket 65
- NONE LISTED -
Debtor(s):
Myron Mackey Represented By Sanaz S Bereliani
Movant(s):
Freedom Mortgage Corporation Represented By Keith Labell
Matthew R. Clark III Sean C Ferry
Can Guner
Dane W Exnowski Ashley Popowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Richard J.. Bauer to appear by telephone
Docket 126
None.
Debtor(s):
Scott Thomas Edwards Represented By Mark T Young
Movant(s):
U.S. Bank National Association, not Represented By
Stephen T Hicklin
Trustee(s):
Rosendo Gonzalez (TR) Represented By Timothy J Yoo Carmela Pagay
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Docket 56
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 5 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Enrique Tellez Represented By Raymond Perez
Joint Debtor(s):
Gloria Tellez Represented By
Raymond Perez
10:00 AM
Movant(s):
U.S. Bank National Association Represented By Cassandra J Richey
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION
VS DEBTOR
Docket 39
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Monique Doniese Arbuckle Represented By Devin Sawdayi
Movant(s):
JPMORGAN CHASE BANK, Represented By
10:00 AM
Trustee(s):
Joseph C Delmotte
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
FREEDOM MORTGAGE CORPORATION VS
DEBTOR
Dane Exnowski to appear by telephone
Docket 25
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 5 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.`
Debtor(s):
Craig T. Williams Represented By Barry E Borowitz
10:00 AM
Joint Debtor(s):
Kimberly B. Williams Represented By Barry E Borowitz
Movant(s):
Freedom Mortgage Corporation Represented By
Dane W Exnowski
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK N.A.
VS
DEBTOR
Docket 35
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 7 post- petition payments. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the co-debtors, movant is granted relief as to any co-debtors on the note pursuant to 11 U.S.C. § 1301(d). Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11 U.S.C. § 362(d)(4). All other relief is
10:00 AM
denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Ernesto Garcia Lopez Represented By Raymond Perez
Movant(s):
U.S. Bank, N.A., successor trustee to Represented By
Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
LOANCARE, LLC VS
DEBTOR
Erin McCartney to appear by telephone
Docket 37
- NONE LISTED -
Debtor(s):
Roberto Arias Represented By Patricia A Mireles
Movant(s):
LoanCare, LLC Represented By Daniel K Fujimoto Mark S Krause
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
FREEDOM MORTGAGE CORPORATION VS
DEBTOR
Dane Exnowski to appear by telephone
Docket 39
Debtor(s):
Jesus Tecuanhuey Garcia Represented By Jaime A Cuevas Jr.
Movant(s):
Freedom Mortgage Corporation Represented By
Dane W Exnowski
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WILMINGTON SAVINGS FUND SOCIETY VS
DEBTOR
Docket 38
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Lafayette Doval Ellis Represented By Nicholas M Wajda
Movant(s):
Wilmington Savings Fund Society, Represented By
10:00 AM
Trustee(s):
Christopher M McDermott Joseph C Delmotte
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
CALIBER HOME LOANS, INC VS
DEBTOR
Kelly M. Raftery to appear by telephone
Docket 26
None.
Debtor(s):
Carlos Alberto Rodriguez Represented By Thomas B Ure
Movant(s):
Caliber Home Loans, Inc. Represented By Erin Elam
Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
US BANK NA VS
DEBTOR
Lemuel B Jaquez to appear by telephone
Docket 25
None.
Debtor(s):
Felipe Bueno Jr. Represented By Daniela P Romero
Movant(s):
US Bank NA Represented By
Kristin A Zilberstein
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK, N.A. VS
DEBTOR
Docket 32
None.
Debtor(s):
Rodney Edward Donkin Jr Pro Se
Movant(s):
Wells Fargo Bank, N.A. as Trustee Represented By
Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
RON AGRESTI AND RUTH AGRESTI VS
DEBTOR
Docket 7
None.
Debtor(s):
Marina Alina Armijo Represented By Christopher J Langley
Movant(s):
Ron Agresti and Ruth Agresti, Represented By Edward T Weber
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
fr 11-19-19
Docket 13
None.
Debtor(s):
Marina Alina Armijo Represented By Christopher J Langley
Movant(s):
Marina Alina Armijo Represented By Christopher J Langley
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
THE WOMANS CLUB OF HOLLYWOOD VS
DEBTOR
Docket 18
None.
Debtor(s):
Jennifer Morgan Represented By Leon D Bayer Marcus G Tiggs
Movant(s):
The Womans Club of Hollywood, Represented By
James Andrew Hinds Jr
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
Adam Barasch to appear by telephone
Docket 9
None.
Debtor(s):
Jose Rigoberto Aguilar Represented By Donald E Iwuchuku
Joint Debtor(s):
Maria Trinidad Aguilar Represented By Donald E Iwuchuku
Movant(s):
Jose Rigoberto Aguilar Represented By Donald E Iwuchuku
Maria Trinidad Aguilar Represented By Donald E Iwuchuku
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Telephonic Hearing
TD AUTO FINANCE LLC VS
DEBTOR
Sheryl K. Ith to appear by telephone
Docket 38
None.
Debtor(s):
Joshua Ernest Chaney Represented By Barry E Borowitz
Movant(s):
TD Auto Finance LLC Represented By Jennifer H Wang
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:00 AM
Telephonic Hearing
BANK OF THE WEST VS
DEBTOR
Mary E. Tang to appear by telephone
Docket 12
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's 2018 Nissan Altima. The debtor has failed to pay post-petition payments. Also, it appears Debtor intends to surrender the property to movant. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Jesus Frumencio Lopez Represented By Daniel King
Movant(s):
BANK OF THE WEST Represented By
Mary Ellmann Tang
Trustee(s):
Wesley H Avery (TR) Pro Se
10:00 AM
Telephonic Hearing
AMERICAN HONDA FINANCE CORPORATION VS
DEBTOR
Vincent Frounjian to appear by telephone
Docket 11
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Since a chapter 7 case does not contemplate reorganization, the sole issue before the court when stay relief is sought under 11 U.S.C. § 362(d)(2) is whether the debtor has equity in the property. See e.g., Nev. Nat’l Bank v. Casgul of Nev., Inc. (In re Casgul of Nev., Inc.), 22 B.R. 65, 66 (9th Cir. BAP 1982); Ramco Indus. v. Preuss (In re Preuss), 15 B.R. 896 (9th Cir. BAP 1981). Appearances waived.
The subject property has a value of $12,875.00 and is encumbered by a perfected security interest in favor of the movant. That security interest secures a claim of $24,877.60. There is no equity in the subject property and no evidence that the trustee can administer the subject property for the benefit of creditors. Also, the court takes judicial notice of the chapter 7 debtor’s Statement of Intention filed in this case on October 21, 2019 in which the debtor stated an intention to surrender the property to movant. This is
10:00 AM
"cause" to terminate the stay under 11 U.S.C. § 362(d)(1).
The 14-day stay of FRBP 4001(a)(3) is ordered waived due to the fact that the movant’s collateral is being used by the debtor without compensation and is depreciating in value. All other relief is denied.
The movant shall submit an appropriate order.
Debtor(s):
Alexander Osei Kissi Jr. Pro Se
Movant(s):
AMERICAN HONDA FINANCE Represented By
Vincent V Frounjian
Trustee(s):
David M Goodrich (TR) Pro Se
10:00 AM
KAMBIZ MOMENI VS
DEBTOR
Docket 9
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to proceed with Momeni v. Acuni which is a lawsuit currently pending against the debtor in a nonbankruptcy forum. Although the term "cause" is not defined in the Code, courts in the Ninth Circuit have granted relief from the stay under § 362(d)(1) when necessary to permit pending litigation to be concluded in another forum. See, e.g., Christensen v. Tucson Estates, Inc. (In re Tucson Estates, Inc.), 912 F.2d 1162, 1166 (9th Cir. 1990) stating that "[w]here a bankruptcy court may abstain from deciding issues in favor of an imminent state court trial involving the same issues, cause may exist for lifting the stay as to the state court trial"); Packerland Packing Co. v. Griffith Brokerage Co. (In re Kemble), 776 F.2d 802, 807 (9th Cir. 1985) (affirming an order lifting the stay to permit a creditor to pursue a conversion and fraudulent conveyance action pending in the federal district court following a remand of the case by the appellate court for a retrial on the damages issue). Appearances waived.
Here, the Court finds cause to permit the pending litigation to be concluded in a non-bankruptcy forum. Movant may proceed in the non- bankruptcy forum to final judgment (including any appeals) in accordance with applicable non-bankruptcy law. However, the automatic stay shall remain in effect with respect to enforcement of any judgment against Debtor and/or estate property, except for filing of a Proof of Claim and/or timely bringing a non-dischargeability adversary proceeding.
10:00 AM
The 14-day period specified in Fed.R.Bankr.P. 4001(a)(3) is waived.
All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Hector R. Acuna Represented By Steven B Lever
Movant(s):
Kambiz Momeni Represented By Kian Mottahedeh
Trustee(s):
Jason M Rund (TR) Pro Se
10:00 AM
HALEY CAPITAL LLC VS
DEBTOR fr 11-12-19
Docket 22
Debtor(s):
Trousdale US Aussie, LLC Represented By John N Tedford
Movant(s):
Hankey Capital LLC Represented By Eric A Mitnick
10:00 AM
Telephonic Hearing
THE BANK OF NEW YORK MELLON VS
DEBTOR
Kelly Raftery to appear by telephone
Docket 43
None.
Debtor(s):
Corey Demon Sims Represented By Thomas B Ure
Movant(s):
The Bank of New York Mellon, f/k/a Represented By
Kelly M Kaufmann
10:00 AM
DANCO INC VS DEBTOR
Docket 46
None.
Debtor(s):
Corey Demon Sims Represented By Thomas B Ure
Movant(s):
DANCO INC. Represented By
Lane M Nussbaum
10:00 AM
Docket 11
None.
Debtor(s):
Frederick Earl Ware Represented By Nicholas M Wajda
Movant(s):
Frederick Earl Ware Represented By Nicholas M Wajda
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
ARDIS STEPHENS VS
DEBTOR
Docket 424
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to proceed with Stephens v. Scoobeez, Inc. and Billy Carroll which is a lawsuit currently pending against the debtor in a nonbankruptcy forum. Although the term "cause" is not defined in the Code, courts in the Ninth Circuit have granted relief from the stay under § 362(d)(1) when necessary to permit pending litigation to be concluded in another forum. See, e.g., Christensen v. Tucson Estates, Inc. (In re Tucson Estates, Inc.), 912 F.2d 1162, 1166 (9th Cir. 1990) stating that "[w]here a bankruptcy court may abstain from deciding issues in favor of an imminent state court trial involving the same issues, cause may exist for lifting the stay as to the state court trial"); Packerland Packing Co. v. Griffith Brokerage Co. (In re Kemble), 776 F.2d 802, 807 (9th Cir. 1985) (affirming an order lifting the stay to permit a creditor to pursue a conversion and fraudulent conveyance action pending in the federal district court following a remand of the case by the appellate court for a retrial on the damages issue).
Appearances waived.
Here, the Court finds cause to permit the pending litigation to be concluded in a non-bankruptcy forum. Movant may proceed in the non- bankruptcy forum to final judgment (including any appeals) in accordance with applicable non-bankruptcy law. However, the automatic stay shall remain in effect with respect to enforcement of any judgment against Debtor and/or estate property, except for filing of a Proof of Claim and/or timely bringing a
10:00 AM
non-dischargeability adversary proceeding.
The 14-day period specified in Fed.R.Bankr.P. 4001(a)(3) is waived.
All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Scoobeez Represented By
Ashley M McDow Shane J Moses
Movant(s):
Ardis Stephens Represented By Bradley E Brook
2:00 PM
Adv#: 2:19-01093 United States Trustee for the Central District of v. Zadeh
of discharge pursuant to 11 U.S.C. Sec. 727(a)(3) and (a)(5)
fr 6-4-19; 6-25-19, 10-15-19
Docket 1
The pre-trial conference is continued to December 10, 2019 at 2:00
p.m. Appearances waived.
Debtor(s):
Sebo Hatam Zadeh Represented By
Hamid Soleimanian
Defendant(s):
Sebo Hatam Zadeh Pro Se
Plaintiff(s):
United States Trustee for the Central Represented By
Hatty K Yip
Trustee(s):
Timothy Yoo (TR) Pro Se
2:00 PM
Docket 102
Having considered the responses of David Goodrich and David P. Jacobs in response to the Court's order to show cause re sanctions; the court orders the OSC discharged without the imposition of sanctions on counsel.
Appearances waived.
Debtor(s):
Kenneth C Chew Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By David M Goodrich
2:00 PM
fr 9-12-19; 11-7-19
Docket 72
None.
Debtor(s):
Kenneth C Chew Pro Se
Movant(s):
Wesley H Avery (TR) Represented By David M Goodrich
Trustee(s):
Wesley H Avery (TR) Represented By David M Goodrich
2:00 PM
Adv#: 2:19-01289
4402 Mammoth Investors, LLC, A California Limited v. Stonehaven LLC Telephonic Hearing
fr. 11-5-19
Mark T. Young to appear by telephone
Docket 1
None.
Debtor(s):
4402 Mammoth Investors, LLC Represented By Mark T Young
Greenberg Glusker
Defendant(s):
Stonehaven LLC Pro Se
Plaintiff(s):
4402 Mammoth Investors, LLC, A Represented By
Mark T Young
2:00 PM
Adv#: 2:19-01289
4402 Mammoth Investors, LLC, A California Limited v. Stonehaven LLC Telephonic Hearing
[RULING]
fr. 10-11-19; 10-22-19; 11-8-19; 11-20-19,
11-26-19
Docket 34
None.
Debtor(s):
4402 Mammoth Investors, LLC Represented By Mark T Young
Greenberg Glusker
Defendant(s):
Stonehaven LLC Represented By Michael H Weiss Kevin J Leichter
Plaintiff(s):
4402 Mammoth Investors, LLC, A Represented By
Mark T Young
10:00 AM
Docket 0
- NONE LISTED -
1:30 PM
fr 10-2-19
Docket 77
- NONE LISTED -
Debtor(s):
Ethel Vergara Hul Represented By Christian N. Cooper
Joint Debtor(s):
Nicholas Sophinn Hul Represented By Christian N. Cooper
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 4-10-19; 5-29-19; 8-1-19; 10-2-19
Docket 55
- NONE LISTED -
Debtor(s):
Franklin Hernan Gonzalez Represented By Michael Y Lo
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 11-14-18; 2-6-19; 4-10-19; 6-5-19; 8-1-19
fr 10-2-19
Docket 41
- NONE LISTED -
Debtor(s):
Henry L Jackson Represented By Thomas B Ure
Joint Debtor(s):
Carolyn L Jackson Represented By Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3-27-19; 5-29-19; 8-1-19
fr 10-2-19
Docket 48
- NONE LISTED -
Debtor(s):
Neauman Wayne Morgan Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 10-2-19
Docket 73
- NONE LISTED -
Debtor(s):
Grady J Dagnan Jr. Represented By Elena Steers
Joint Debtor(s):
Karen L Dagnan Represented By Elena Steers
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 10-2-19
Docket 61
- NONE LISTED -
Debtor(s):
Anita Burton-Smithee Represented By Julie J Villalobos
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 9-11-19
fr 11-6-19
Docket 29
- NONE LISTED -
Debtor(s):
Mona Lynn Clayton Represented By Steven A Alpert
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 10-2-19
Docket 51
- NONE LISTED -
Debtor(s):
Liza M Level Represented By
Joshua L Sternberg
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 4-10-19; 5-29-19; 8-1-19
fr 10-2-19
Docket 40
- NONE LISTED -
Debtor(s):
Richard Martin Afanador Represented By Ali R Nader
Joint Debtor(s):
Ja'nice Inez Afanador Represented By Ali R Nader
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 2-6-19; 4-10-19; 5-29-19; 8-1-19
fr 10-2-19
Docket 26
- NONE LISTED -
Debtor(s):
Manuel Alejandro Barrios Represented By
D Justin Harelik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 8-1-19
fr 10-2-19
Docket 59
- NONE LISTED -
Debtor(s):
Anthony Ginnane Represented By Scott Kosner
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 8-1-19
fr 10-2-19
Docket 48
- NONE LISTED -
Debtor(s):
Bertha Noemi Gonzalez Represented By Elena Steers
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 8-1-19
fr 10-2-19
Docket 29
- NONE LISTED -
Debtor(s):
Juan Villalpando Jr Represented By Arthur H Lampel
Joint Debtor(s):
Norma Villalpando Represented By Arthur H Lampel
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 8-1-19
fr 10-2-19
Docket 26
- NONE LISTED -
Debtor(s):
Jennifer Maravilla Mohler Represented By
Hasmik Jasmine Papian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 4-24-19; 8-1-19
fr 10-2-19
Docket 39
- NONE LISTED -
Debtor(s):
Leona E. Williams Represented By Thomas B Ure
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 10-2-19
Docket 75
- NONE LISTED -
Debtor(s):
Robert John Groner Represented By Todd J Roberts
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 8-1-19
fr 10-2-19
Docket 34
- NONE LISTED -
Debtor(s):
Deborah Plummer Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 10-2-19
Docket 50
- NONE LISTED -
Debtor(s):
Darren Searle Represented By William G Cort
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3-27-19; 5-8-19; 7-3-19; 9-11-19
Docket 33
- NONE LISTED -
Debtor(s):
Edis Zamora Represented By
Luis G Torres
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 10-2-19
Docket 41
- NONE LISTED -
Debtor(s):
Jose Luis Perez Represented By Michael E Clark Barry E Borowitz
Joint Debtor(s):
Jessie Marie Vaiz Represented By Michael E Clark Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 10-2-19
Docket 29
- NONE LISTED -
Debtor(s):
Jose Gaudencio Huerta Represented By Barry E Borowitz
Joint Debtor(s):
Victoria Maria Huerta Represented By Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 10-2-19
Docket 31
- NONE LISTED -
Debtor(s):
Margarita Ortiz Represented By Arthur H Lampel
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 10-2-19
Docket 24
- NONE LISTED -
Debtor(s):
Marilyn Petra Moreno Represented By William G Cort
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 47
- NONE LISTED -
Debtor(s):
Yvonne Arinova Singh Represented By Heather J Canning Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 57
- NONE LISTED -
Debtor(s):
Edna A Rivera Represented By Todd L Turoci
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 8-1-19; 10-2-19
Docket 42
- NONE LISTED -
Debtor(s):
Juan Miguel Villalbazo Represented By Michael E Clark Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 69
- NONE LISTED -
Debtor(s):
Rene Garcia Represented By
Todd J Roberts
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 42
- NONE LISTED -
Debtor(s):
Laura Alicia Soria Represented By David Lozano
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 112
- NONE LISTED -
Debtor(s):
William Osmeo Godoy Represented By Joshua L Sternberg
Joint Debtor(s):
Veronica Godoy Represented By Joshua L Sternberg
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 56
- NONE LISTED -
Debtor(s):
Ammie Lubag Represented By Mariano A Alvarez
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 74
- NONE LISTED -
Debtor(s):
Kippy Lynn Miller Represented By Keith F Rouse
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 48
- NONE LISTED -
Debtor(s):
Angel Leon Represented By
Michael E Clark Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 33
- NONE LISTED -
Debtor(s):
Samuel Ernesto Mendoza Represented By Julie J Villalobos
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 39
- NONE LISTED -
Debtor(s):
Patricia Ann Guerrero Represented By Matthew D. Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 40
- NONE LISTED -
Debtor(s):
Raymond Ismail Alda Represented By Robert S Altagen
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 28
- NONE LISTED -
Debtor(s):
Rey Vincent Tejada Singson Represented By
Hasmik Jasmine Papian
Joint Debtor(s):
Michele Gallardo Singson Represented By
Hasmik Jasmine Papian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 59
- NONE LISTED -
Debtor(s):
Regina Gale Willis Represented By Jacqueline D Serrao
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 7-3-19; 9-11-19; 10-2-19
Docket 51
- NONE LISTED -
Debtor(s):
Regina Gale Willis Represented By Jacqueline D Serrao
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 93
- NONE LISTED -
Debtor(s):
Gloria Jackson Represented By
Rabin J Pournazarian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 9-11-19; 11-6-19
Docket 96
- NONE LISTED -
Debtor(s):
Gloria Jackson Represented By
Rabin J Pournazarian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 70
- NONE LISTED -
Debtor(s):
Bridget Louise Cook Represented By Kevin T Simon
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 49
- NONE LISTED -
Debtor(s):
Guilmar Alfredo Ruano Represented By Brian J Soo-Hoo
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 82
- NONE LISTED -
Debtor(s):
Scott David Narvell Represented By Charles J Brash
Joint Debtor(s):
Rael Marie Narvell Represented By Charles J Brash
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 10-16-19; 11-13-19
Docket 38
The court again continued the hearing to allow Debtor's counsel to file a declaration providing a narrative of the services provided. No supplemental declaration has been filed. As a result, counsel has not met his burden of proof and the application for fees is DENIED.
Debtor(s):
Ricardo Garcia Represented By Stephen L Burton
Joint Debtor(s):
Edith Isela Garcia Represented By Stephen L Burton
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Dismissal or Conversion of Chapter 13 Case Subject to a Rights and Responsibilities Agreement
Docket 83
No opposition was filed.
The court has reviewed the Application for Payment of Fees of Resnik Hayes Moradi LLP. The court GRANTS the Application for fees pursuant to the RARA after case dismissal and awards $3,500.00 [the unpaid balance of which is to be paid from the estate of the debtor as funds permit]. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Debtor(s):
Debtor’s counsel is to lodge an appropriate order.
Joan Fan Represented By
Matthew D. Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 83
No opposition having been filed, and good cause presented, the motion is GRANTED. The motion(s) to avoid judicial lien must be pending within 30 days of the entry of the order granting this motion or the case shall be closed without further notice or hearing. Movant must lodge a proposed order via LOU within 7 days of the hearing. Appearances waived.
Debtor(s):
Kevork N Ashkharian Represented By Roland H Kedikian
Joint Debtor(s):
Sonia F Ashkharian Represented By Roland H Kedikian
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 37
None.
Debtor(s):
Thomas Arthur Granlund Represented By Hayk Grigoryan
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 42
None.
Debtor(s):
Deborah Sandi Stein Represented By William Huestis
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 52
None.
Debtor(s):
Armine Carapetian Represented By Armen Shaghzo
Movant(s):
Nancy K Curry (TR) Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
fr. 10-17-19; 11-7-19
Docket 12
Movant
Respondent
Grant Deny Stip/AP
Off Calendar
Opposition Filed yes no
Moot W/drawn Deny F/F to appear
Continued
Continued for APO
Submitted on the tentative
Order to be submitted by: Plaintiff/Movant - Defendant/Respondent - Court
10:00 AM
None.
Debtor(s):
Enramada Properties, LLC Represented By Andrew S Bisom
10:00 AM
fr. 10-17-19; 11-7-19
Docket 15
Continued
Convert Dismiss Appoint Ch 11 Trustee
OFF CALENDAR
Claims bar date
Deadline to file Disclosure Statement
None.
Debtor(s):
Enramada Properties, LLC Represented By Andrew S Bisom
10:00 AM
fr 11-7-19; 11-14-19
Docket 96
Movant
Respondent
Grant Deny Stip/AP
Off Calendar
Opposition Filed yes no
Moot W/drawn Deny F/F to appear
Continued
Continued for APO
Submitted on the tentative
Order to be submitted by: Plaintiff/Movant - Defendant/Respondent - Court
None.
10:00 AM
Debtor(s):
Sergio Cayetano Montero Represented By Onyinye N Anyama
10:00 AM
Docket 164
Movant
Respondent
Grant Deny Stip/AP
Off Calendar
Opposition Filed yes no
Moot W/drawn Deny F/F to appear
Continued
Continued for APO
Submitted on the tentative
Order to be submitted by: Plaintiff/Movant - Defendant/Respondent - Court
The Motion is granted. The deadline to file a plan and disclosure statement is extended to December 12, 2019.
10:00 AM
Debtor(s):
Thomas D. Bohlmann Represented By Paul R Shankman
James Andrew Hinds Jr Rachel M Sposato
10:00 AM
fr 3-7-19; 7-31-19; 8-1-19; 8-22-19; 11-14-19
Docket 12
Continued
Convert Dismiss Appoint Ch 11 Trustee
OFF CALENDAR
Claims bar date
Deadline to file Disclosure Statement
None.
Debtor(s):
Thomas D. Bohlmann Represented By Paul R Shankman
James Andrew Hinds Jr Rachel M Sposato
10:00 AM
Docket 243
Movant
Respondent
Grant Deny Stip/AP
Off Calendar
Opposition Filed yes no
Moot W/drawn Deny F/F to appear
Continued
Continued for APO
Submitted on the tentative
Order to be submitted by: Plaintiff/Movant - Defendant/Respondent - Court
None.
Debtor(s):
4402 Mammoth Investors, LLC Represented By
10:00 AM
Mark T Young Greenberg Glusker
10:00 AM
Docket 210
Movant
Respondent
Grant Deny Stip/AP
Off Calendar
Opposition Filed yes no
Moot W/drawn Deny F/F to appear
Continued
Continued for APO
Submitted on the tentative
Order to be submitted by: Plaintiff/Movant - Defendant/Respondent - Court
None.
Debtor(s):
4402 Mammoth Investors, LLC Represented By
10:00 AM
Mark T Young Greenberg Glusker
10:00 AM
Requiring Reconveyance Of Secured Creditors Interest In Real Property
Docket 214
Movant
Respondent
Grant Deny Stip/AP
Off Calendar
Opposition Filed yes no
Moot W/drawn Deny F/F to appear
Continued
Continued for APO
Submitted on the tentative
Order to be submitted by: Plaintiff/Movant - Defendant/Respondent - Court
None.
10:00 AM
Debtor(s):
4402 Mammoth Investors, LLC Represented By Mark T Young
Greenberg Glusker
10:00 AM
Docket 431
GRANTED:
GRANTED IN PART/
DENIED IN PART:
GRANTED W/CONDITIONS:
DENIED:
ORDER TO FOLLOW:
ORDER SIGNED:
AMENDED PLAN TO BE FILED/SERVED BY:
OBJECTIONS TO BE FILED/SERVED BY:
REPLIES TO BE FILED/SERVED BY:
CONFIRMATION HEARING CONT'D. TO
POST CONFIRMATION HEARING SET FOR:
- NONE LISTED -
10:00 AM
Debtor(s):
PH DIP, Inc Represented By
Robert P Goe Stephen Reider
10:00 AM
fr. 11-14-19
Docket 208
APPROVE DENY W/DRAWN
ALLOWED: FEES
EXPENSES
CONTINUED:
None.
Debtor(s):
Ameriquest Security Service Represented By Michael Jay Berger
Amelia Puertas-Samara
10:00 AM
Docket 61
Movant
Respondent
Grant Deny Stip/AP
Off Calendar
Opposition Filed yes no
Moot W/drawn Deny F/F to appear
Continued
Continued for APO
Submitted on the tentative
Order to be submitted by: Plaintiff/Movant - Defendant/Respondent - Court
None.
10:00 AM
Debtor(s):
Quality Reimbursement Services, Represented By
Garrick A Hollander Alastair M Gesmundo
Movant(s):
Quality Reimbursement Services, Represented By
Garrick A Hollander Alastair M Gesmundo
10:00 AM
Docket 253
APPROVE DENY W/DRAWN
ALLOWED: FEES
EXPENSES
CONTINUED:
No opposition was filed.
The court has reviewed the Final Fee Application of Elliot M. Hirsch,
M.D. The court GRANTS the Application and awards $9,000.00 in fees and
$7,500.00 in costs for the period of December 1, 2018 through September 20, 2019. The court approves on a final basis the total amount of $27,187.50, in fees and costs. Any unpaid balance is to be paid by the debtor. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1).
10:00 AM
Appearances waived.
Debtor(s):
Applicant’s counsel is to lodge an appropriate order.
Randal D. Haworth M.D. Inc. Represented By Stella A Havkin
10:00 AM
Docket 254
APPROVE DENY W/DRAWN
ALLOWED: FEES
EXPENSES
CONTINUED:
The court has reviewed the Final Fee Application of Terzian Law Group. The court GRANTS the Application and awards $12,960.00 in fees and $42.28 in costs for the period of November 8, 2018 through September 23, 2019.
The court approves on a final basis the total amount of $23,674.26, in fees and costs. Any unpaid balance is to be paid by the debtor. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Applicant’s counsel is to lodge an appropriate order.
10:00 AM
Debtor(s):
Randal D. Haworth M.D. Inc. Represented By Stella A Havkin
10:00 AM
Telephonic Hearing
Scoobeez 19-14989
Jointly Administered with:
Scoobeez Global, Inc. 2:19-bk-14991 WB Scoobur LLC 2:19-bk-14997 WB
fr. 11-7-19
Jeffrey Shinbrot to appear by telephone
Docket 372
APPROVE DENY W/DRAWN
ALLOWED: FEES
EXPENSES
CONTINUED:
10:00 AM
Debtor(s):
None.
Scoobeez Represented By
Ashley M McDow Shane J Moses
10:00 AM
Telephonic Hearing
Scoobeez 19-14989
Jointly Administered with:
Scoobeez Global, Inc. 2:19-bk-14991 WB Scoobur LLC 2:19-bk-14997 WB
fr. 11-7-19
Jeffrey Shinbrot to appear by telephone
Docket 378
APPROVE DENY W/DRAWN
ALLOWED: FEES
EXPENSES
CONTINUED:
10:00 AM
None.
Debtor(s):
Scoobeez Represented By
Ashley M McDow Shane J Moses
10:00 AM
Telephonic Hearing
Scoobeez 19-14989
Jointly Administered with:
Scoobeez Global, Inc. 2:19-bk-14991 WB Scoobur LLC 2:19-bk-14997 WB
fr. 11-7-19
Jeffrey Shinbrot to appear by telephone
Docket 376
APPROVE DENY W/DRAWN
ALLOWED: FEES
EXPENSES
CONTINUED:
10:00 AM
Debtor(s):
None.
Scoobeez Represented By
Ashley M McDow Shane J Moses
10:00 AM
Telephonic Hearing
Scoobeez 19-14989
Jointly Administered with:
Scoobeez Global, Inc. 2:19-bk-14991 WB Scoobur LLC 2:19-bk-14997 WB
fr. 11-7-19
Jeffrey Shinbrot to appear by telephone
Docket 371
APPROVE DENY W/DRAWN
ALLOWED: FEES
EXPENSES
CONTINUED:
None.
10:00 AM
Debtor(s):
Scoobeez Represented By
Ashley M McDow Shane J Moses
2:00 PM
Docket 3
DISM CONV TRUSTEE APPT'D CAUSE SHOWN
CONT'D / /
OFF CALENDAR
OTHER
DISCHARGE
None.
Debtor(s):
Minnie Ferguson Pro Se
10:00 AM
NISSAN MOTOR ACCEPTANCE CORPORATION VS
DEBTOR
fr 9-10-19; 10-8-19; 11-12-19
Docket 73
None.
Debtor(s):
Mariana Brown Represented By Anthony P Cara
Movant(s):
NISSAN MOTOR ACCEPTANCE Represented By
Michael D Vanlochem
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
JPMORGAN CHASE BANK VS
DEBTOR
Docket 35
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's 2016 Nissan Sentra. The debtor has failed to pay 4 post-petition payments. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Maria Rosario Cardenas Represented By Roland H Kedikian
10:00 AM
Movant(s):
JPMorgan Chase Bank, N.A. Represented By Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WELLS FARGO BANK, N.A. VS
DEBTOR
Docket 25
Debtors filed a Non-Opposition on November 25, 2019.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a security interest and lien on the debtor's 2011 Ford Edge. The debtor has failed to pay 6 post-petition payments. In addition, Debtors filed a Non-Opposition on November 25, 2019. This is "cause" to terminate the stay under 11 U.S.C. § 362(d)(1). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Jacob Berkowicz Represented By Philomena N Nzegge
10:00 AM
Joint Debtor(s):
Maria-Alicia Berkowicz Represented By Philomena N Nzegge
Movant(s):
Wells Fargo Bank, N.A., dba Wells Represented By
Austin P Nagel
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
LOAN CARE, LLC VS
DEBTOR FR 11-19-19
Docket 40
- NONE LISTED -
Debtor(s):
Virgilio Cledera Verdejo Represented By David Lozano
Joint Debtor(s):
Susana Guerrero Verdejo Represented By David Lozano
Movant(s):
LoanCare, LLC Represented By Cassandra J Richey
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
NATIONSTAR MORTGAGE LLC VS
DEBTOR fr. 11-12-19
Docket 48
None.
Debtor(s):
Dock Watts Represented By
Dana C Bruce
Movant(s):
Nationstar Mortgage LLC d/b/a Mr. Represented By
Erin Elam
John D Schlotter
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
ARVEST CENTRAL MORTGAGE COMPANY VS
DEBTOR
Docket 25
- NONE LISTED -
Debtor(s):
Adrian Mcclendon Represented By Joshua L Sternberg
Movant(s):
Arvest Central Mortgage Company Represented By
Robert P Zahradka
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Docket 63
- NONE LISTED -
Debtor(s):
Janice Dean Lewis Represented By Todd J Roberts
Movant(s):
U.S. Bank National Association as Represented By
Ashish R Rawat Diane Weifenbach
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
JPMORGAN CHASE BANK VS
DEBTOR
Docket 28
None.
Debtor(s):
Carolyn Jacqueline Scott Represented By Gregory M Shanfeld
Movant(s):
JPMorgan Chase Bank, National Represented By
Joseph C Delmotte
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
THE BANK OF NEW YORK MELLON VS
DEBTOR
Case dismissed 11/12/19
Docket 10
Debtor's case was dismissed on November 12, 2019; however, because movant has requested (d)(4) relief the Court will retain its jurisdiction to hear the matter under 11 U.S.C. § 362
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. §§ 362(d)(1) and (d)
(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving multiple bankruptcy filings affecting the subject real property. 11 U.S.C. § 362(d)(4). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the co-debtors, movant is granted relief as to any co-debtors on the note pursuant to 11 U.S.C. § 1301(d). Provided the order is recorded in compliance with applicable state law, the order granting this motion will be binding and effective in any other case under this title purporting to affect the
10:00 AM
subject property filed not later than 2 years after the date of entry of the order, except that the debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. 11 U.S.C. § 362(d)(4). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Alfred Robert Santana Pro Se
Movant(s):
THE BANK OF NEW YORK Represented By
Lemuel Bryant Jaquez
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
a Stay or Continuing Stay as the Court Deems Appropriate
Docket 8
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on November 19, 2019. This motion was filed on November 20, 2019, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to creditors served with the motion as listed on the proof of service. Pursuant to the evidence presented, the Court GRANTS the relief
10:00 AM
requested in the motion based upon an apparent change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Filiberto Sanchez Represented By Cynthia Grande
Trustee(s):
Kathy A Dockery (TR) Pro Se
10:00 AM
HALEY CAPITAL LLC VS
DEBTOR
fr 11-12-19; 12-3-19
Docket 22
This motion must be set for an evidentiary hearing. There is a dispute as to the value of the property, which the Court must determine in order to rule on the request for relief under sections 362(d)(1) and (d)(2). The parties should be prepared to address the timing for the evidentiary hearing.
Debtor(s):
Trousdale US Aussie, LLC Represented By John N Tedford
Movant(s):
Hankey Capital LLC Represented By Eric A Mitnick
10:00 AM
U.S BANK NA VS
DEBTOR
Case dismissed 12/2/19
Docket 9
Debtor's case was dismissed on December 2, 2019; however, because movant has requested (d)(4) the Court will retain its jurisdiction to hear the matter under 11 U.S.C. § 362.
No opposition was filed.
In this case, movant has requested relief from the automatic stay under 11 U.S.C. §§ 362(d)(1) and (d)(4). Movant's request for relief under § 362(d)(1) is DENIED as moot because the underlying bankruptcy case has been dismissed. Movant's request for § 362(d)(4) relief is DENIED because movant is not a "creditor whose claim is secured by an interest in such real property." Ellis v. Yu (In re Ellis), 523 B.R. 673, 678 (9th Cir. BAP 2014).
Movant is not a "creditor" and does not hold a secured claim by an interest in the subject property as contemplated by 11 U.S.C. § 362(d)(4).
Appearances waived.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Francis Gonzalez Pro Se
Movant(s):
U.S. BANK NA, SUCCESSOR Represented By
10:00 AM
Trustee(s):
Daniel K Fujimoto Caren J Castle
Howard M Ehrenberg (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR fr 12-3-19
Docket 56
None.
Debtor(s):
Enrique Tellez Represented By Raymond Perez
Joint Debtor(s):
Gloria Tellez Represented By
Raymond Perez
Movant(s):
U.S. Bank National Association Represented By Cassandra J Richey
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
fr 12-3-19
Docket 9
None.
Debtor(s):
Jose Rigoberto Aguilar Represented By Donald E Iwuchuku
Joint Debtor(s):
Maria Trinidad Aguilar Represented By Donald E Iwuchuku
Movant(s):
Jose Rigoberto Aguilar Represented By Donald E Iwuchuku
Maria Trinidad Aguilar Represented By Donald E Iwuchuku
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:18-01381 Garza v. Cardona
fr. 1-22-19; 1-29-19; 4-2-19; 6-4-19; 6-25-19, 9-3-19; 9-10-19
9-24-19
Docket 1
None.
Debtor(s):
Mario G. Cardona Represented By Jaenam J Coe
Defendant(s):
Mario G. Cardona Pro Se
Plaintiff(s):
Daniel Garza Represented By
Baruch C Cohen
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:19-01093 United States Trustee for the Central District of v. Zadeh
Docket 20
None.
Debtor(s):
Sebo Hatam Zadeh Represented By
Hamid Soleimanian
Defendant(s):
Sebo Hatam Zadeh Represented By
Hamid Soleimanian
Plaintiff(s):
United States Trustee for the Central Represented By
Hatty K Yip
Trustee(s):
Timothy Yoo (TR) Pro Se
2:00 PM
Adv#: 2:19-01093 United States Trustee for the Central District of v. Zadeh
of discharge pursuant to 11 U.S.C. Sec. 727(a)(3) and (a)(5)
fr 6-4-19; 6-25-19, 10-15-19; 12-3-19
Docket 1
None.
Debtor(s):
Sebo Hatam Zadeh Represented By
Hamid Soleimanian
Defendant(s):
Sebo Hatam Zadeh Pro Se
Plaintiff(s):
United States Trustee for the Central Represented By
Hatty K Yip
Trustee(s):
Timothy Yoo (TR) Pro Se
10:00 AM
Adv#: 2:19-01456 Scoobeez, Inc. v. Amazon Logistics, Inc.
fr. 10-28-19; 11-18-19
Scoobeez 19-14989
Jointly Administered with:
Scoobeez Global, Inc. 2:19-bk-14991 WB Scoobur LLC 2:19-bk-14997 WB
Docket 2
Debtor(s):
Scoobeez Represented By
Ashley M McDow Shane J Moses
Defendant(s):
Amazon Logistics, Inc. Pro Se
Plaintiff(s):
Scoobeez, Inc. Represented By Shane J Moses Ashley M McDow
10:00 AM
Adv#: 2:19-01456 Scoobeez, Inc. v. Amazon Logistics, Inc.
fr 11-18-19
Scoobeez 19-14989
Jointly Administered with:
Scoobeez Global, Inc. 2:19-bk-14991 WB Scoobur LLC 2:19-bk-14997 WB
Docket 6
Debtor(s):
Scoobeez Represented By
Ashley M McDow Shane J Moses
Defendant(s):
Amazon Logistics, Inc. Represented By Richard W Esterkin
Movant(s):
Hillair Capital Management, LLC Represented By
Eric D Winston Jennifer L Nassiri
10:00 AM
Plaintiff(s):
Scoobeez, Inc. Represented By Shane J Moses Ashley M McDow
10:00 AM
(A) Determining that the Automatic Stay does not Require Amazon to Utilize Debtor's Services, and (B) Modifying the Automatic Stay
fr 11-18-19
Scoobeez 19-14989
Jointly Administered with:
Scoobeez Global, Inc. 2:19-bk-14991 WB Scoobur LLC 2:19-bk-14997 WB
Docket 393
Debtor(s):
Scoobeez Represented By
Ashley M McDow Shane J Moses
Movant(s):
Amazon Logistics, Inc. Represented By Richard W Esterkin
10:00 AM
Affects:
All Debtors
Jointly Administered with:
Scoobeez Global, Inc. 2:19-bk-14991 WB Scoobur LLC 2:19-bk-14997 WB
fr 8-1-19; 8-22-19, 11-7-19; 11-18-19
Docket 1
Debtor(s):
Scoobeez Represented By
Ashley M McDow
10:00 AM
fr 11-14-19
Docket 7
None.
Debtor(s):
Parking Management Services of Represented By
Alla Tenina
10:00 AM
fr. 6-8-17; 10-5-17; 6-14-18; 12-13-18; 6-6-19
Docket 0
None.
Debtor(s):
Lucky Cats, Inc. Represented By Steven R Fox
10:00 AM
Docket 83
None.
Debtor(s):
Michelle Carter Represented By Kevin Tang
Movant(s):
Michelle Carter Represented By Kevin Tang Kevin Tang Kevin Tang
10:00 AM
fr 1-31-19; 4-25-19; 6-6-19; 7-11-19; 8-22-19,10-17-19,11-14-19
Docket 149
Debtor(s):
American Ranch and Seafood Represented By Sandford L. Frey
10:00 AM
Docket 196
None.
Debtor(s):
American Ranch and Seafood Represented By Sandford L. Frey
10:00 AM
Docket 224
No opposition was filed. The Debtor requests an extension of the plan filing deadline set by this court to January 7, 2020. The court finds good cause exists for the extension. The Motion is GRANTED. Debtor is to lodge an order. Appearances waived.
Debtor(s):
Mad Dogg Athletics, Inc. Represented By David S Kupetz Asa S Hami Cathy Ta
Movant(s):
Mad Dogg Athletics, Inc. Represented By David S Kupetz Asa S Hami Cathy Ta
10:00 AM
Telephonic Hearing
fr. 11-26-19
Docket 101
None.
Debtor(s):
Quality Reimbursement Services, Represented By
Garrick A Hollander Alastair M Gesmundo
10:00 AM
fr. 12-5-19
Docket 61
None.
Debtor(s):
Quality Reimbursement Services, Represented By
Garrick A Hollander Alastair M Gesmundo
Movant(s):
Quality Reimbursement Services, Represented By
Garrick A Hollander Alastair M Gesmundo
10:00 AM
11 U.S.C. § 328
Docket 56
None.
Debtor(s):
Trousdale US Aussie, LLC Represented By
John N Tedford IV
10:00 AM
HALEY CAPITAL LLC VS
DEBTOR
fr 11-12-19; 12-3-19; 12-10-19
Docket 22
This motion must be set for an evidentiary hearing. There is a dispute as to the value of the property, which the Court must determine in order to rule on the request for relief under sections 362(d)(1) and (d)(2). The parties should be prepared to address the timing for the evidentiary hearing.
Debtor(s):
Trousdale US Aussie, LLC Represented By John N Tedford
Movant(s):
Hankey Capital LLC Represented By Eric A Mitnick
2:00 PM
David M Goodrich
Docket 242
Final Ruling. This fee application has been set for hearing on the notice required by LBR 9013-1(d)(2) and other applicable rules. The failure of the debtor and parties in interest to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(f) is considered as consent to the granting of the motion. LBR 9013-1(h). CF. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). No appearance is allowed.
David M. Goodrich. David M. Goodrich ("Trustee") has filed a Final Report and Application for Compensation and reimbursement of expenses pursuant to 11 U.S.C. §§ 326 & 330. Trustee has itemized $25,329.88 in fees and $411.07 in expenses, for a total of $25,740.95. No creditor or other party in interest, including the United States trustee, has filed an objection to the application.
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee’s services, payable after the trustee renders such services, not to exceed 25% of the first $5,000 or less, 10% on any amounts in excess of $5,000 but not in excess of
$50,000, 5% on any amount in excess of $50,000 but not in excess of
$1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including
2:00 PM
holders of secured claims. 11 U.S.C. § 326(a).
In this case, the total money disbursed or turned over in the case by the Trustee to parties in interest, excluding the debtor, is $450,000.00. There being no extraordinary circumstances present in this case, the trustee’s requested compensation is presumed reasonable since it is sought at the statutory rate. In re Salgado-Nava, 473 B.R. 911 (9th Cir. BAP 2012).
The court finds that the Trustee’s requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is APPROVED.
Hahn Fife & Company: The court has reviewed the Application of Hahn Fife & Company for the Allowance of Fees and Reimbursement of Expenses. The court GRANTS the Application and awards $3,150.00 in fees and $391.30 in expenses, for a total of $3,541.30. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Trustee is to lodge an appropriate order.
Debtor(s):
Michael Torres Represented By Thomas B Ure
Joint Debtor(s):
Carla Torres Pro Se
Trustee(s):
David M Goodrich (TR) Represented By Richard A Marshack Laila Masud
D Edward Hays
2:00 PM
Docket 42
No opposition was filed.
The motion is GRANTED. Appearances waived.
Debtor(s):
Debtor shall upload an appropriate order via the Court’s LOU system.
Ngozi Ndidi Obieli Represented By Sanaz S Bereliani
Trustee(s):
Elissa Miller (TR) Pro Se
10:00 AM
Docket 80
Debtor(s):
Joyce Barlow Represented By
Giovanni Orantes Luis A Solorzano
10:00 AM
INLAND PRESTIGE PROPERTIES, LLC VS
DEBTOR
Docket 13
None.
Debtor(s):
Raphaela Chatman Represented By Elena Steers
Movant(s):
Inland Prestige Properties, LLC Represented By Coby Halavais
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
CAPITAL ONE AUTO FINANCE VS
DEBTOR
Docket 32
None.
Debtor(s):
Charles Niles Jr. Represented By
David Samuel Shevitz
Movant(s):
Capital One Auto Finance, a division Represented By
Cheryl A Skigin
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
CAPITAL ONE AUTO FINANCE VS
DEBTOR
Docket 36
None.
Debtor(s):
Wanda Denise Clayton Represented By Gregory M Shanfeld
Movant(s):
Capital One Auto Finance, a division Represented By
Cheryl A Skigin
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK TRUST, N.A., VS
DEBTOR fr 11-19-19
Docket 35
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 3 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
10:00 AM
Debtor(s):
Julian Barajas Represented By Stephen L Burton
Movant(s):
U.S. Bank Trust, N.A., as Trustee for Represented By
Christina J Khil
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
WILMINGTON TRUST NATIONAL ASSOCIATION VS
DEBTOR
fr.10-15-19; 11-19-19
Docket 39
- NONE LISTED -
Debtor(s):
Dock Watts Represented By
Dana C Bruce
Movant(s):
Wilmington Trust, National Represented By Ketan G Sawarkar
Cassandra J Richey Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK N.A.
VS
DEBTOR
Docket 52
None.
Debtor(s):
Dock Watts Represented By
Dana C Bruce
Movant(s):
U.S. Bank NA, successor trustee to Represented By
Merdaud Jafarnia Jennifer C Wong
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
RAMA NPL 1, LLC VS
DEBTOR fr 11-19-19
Docket 9
- NONE LISTED -
Debtor(s):
Debora Perez Represented By
Joshua R Engle
Movant(s):
Rama NPL 1, LLC Represented By Martin W. Phillips
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
M&T BANK VS DEBTOR
Docket 46
- NONE LISTED -
Debtor(s):
Anna M Black Represented By Lauren Rode
Movant(s):
M&T Bank as Attorney in Fact for Represented By
Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
NATIONSTAR MORTGAGE LLC VS
DEBTOR
Docket 56
None.
Debtor(s):
Joann Dunbar Represented By Kahlil J McAlpin
Movant(s):
Nationstar Mortgage LLC d/b/a Mr. Represented By
Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
M&T BANK VS DEBTOR
Docket 45
No opposition was filed.
The motion is GRANTED pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim. Movant may not pursue any deficiency claim against the debtor or property of the estate except by filing a proof of claim pursuant to 11
U.S.C. § 501. Movant is secured by a deed of trust encumbering the debtor’s residence. The debtor has failed to pay 6 post-petition payments. This is cause to terminate the automatic stay. See Ellis v. Parr (In re Ellis), 60 B.R. 432, 434-35 (9th Cir. BAP 1985). Appearances waived.
The 14-day period specified in FRBP 4001(a)(3) is waived. The stay having been terminated as to the debtor and no opposition having been filed by the codebtor, movant is granted relief as to any codebtor on the note pursuant to 11 U.S.C. § 1301(d). All other relief is denied.
The movant shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Alfreda Barry Represented By Raymond Perez
10:00 AM
Movant(s):
M&T Bank as Attorney in Fact for Represented By
Merdaud Jafarnia
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
U.S. BANK NATIONAL ASSOCIATION VS
DEBTOR
Docket 59
- NONE LISTED -
Debtor(s):
Enrico Cecilio Manalo Represented By David Lozano
Joint Debtor(s):
Irene Grace Pan Represented By David Lozano
Movant(s):
U.S. Bank Trust National Represented By
Lemuel Bryant Jaquez
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 6
No opposition was filed.
Section 362(c)(3)(A) states that if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding one- year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under § 707(b), the stay under § 362(a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case. 11 U.S.C. § 362(c)(3)
(A) (emphasis added).
On motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the Court may extend the stay in particular cases as to any and all creditors (subject to such conditions and limitations as the Court may then impose) after notice and a hearing completed before expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. 11
U.S.C. § 362(c)(3)(B) (emphases added).
In this case, debtor filed the voluntary chapter 13 petition on December 2, 2019. This motion was filed on December 3, 2019, and was noticed for a hearing to be concluded within the 30-day period following the filing of the petition. The motion is timely.
According to the evidence, debtor seeks a continuation of the automatic stay as to all creditors. Pursuant to the evidence presented, the Court GRANTS the relief requested in the motion as to Fay Servicing, LLC
10:00 AM
c/o U.S. Bank, N.A. and U.S. Bank, N.A. only based upon an apparent change in the personal and financial affairs of the debtor since dismissal of the last case. Appearances waived.
Debtor’s counsel shall upload an appropriate order via the Court’s LOU system.
Debtor(s):
Francisca Gomez Represented By Jaime A Cuevas Jr.
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
DANCO INC VS DEBTOR
fr 11-19-19
Docket 18
The hearing was continued to allow Movant to file a declaration with the deed of trust and to serve the junior lienholder. On November 22, 2019, Movant filed a supplemental declaration with the deed of trust but did not provide a proof of service indicating that the entire motion and notice of hearing were served on the junior lienholder. On November 27, 2019, the case was dismissed and the automatic stay terminated. Thus, relief under sections 362(d)(1) and (d)(2) is not warranted. Movant has requested relief under section 362(d)(4). The court will not grant relief under section 362(d)(4) due to Movant's failure to serve the motion on the junior lienholder.
Debtor(s):
Johnny Xavier Freile Pro Se
Movant(s):
DANCO INC. Represented By
Lane M Nussbaum
Trustee(s):
Timothy Yoo (TR) Pro Se
10:00 AM
ARDIS STEPHENS VS
DEBTOR fr. 12-3-19
Docket 424
Movant and Debtor have stipulated to limited to relief from the automatic stay to allow Movant to proceed with state court litigation, that Movant will receive recovery against insurance only and Movant waives any deficiency or other claim against the Debtors or property of the estates, except as to insurance recovery. The Court will grant the motion on the terms provided in the stipulation.
Movant shall upload an order granting the motion. Appearances waived.
Debtor(s):
Scoobeez Represented By
Ashley M McDow Shane J Moses
Movant(s):
Ardis Stephens Represented By Bradley E Brook
2:00 PM
Adv#: 2:19-01451 Baer v. JP Morgan Chase Bank N.A.
Avoidance and recovery of preferential transfers pursuant to 11 U.S.C. Section 547; and
Disallowance of Defendants claim pursuant to 11 U.S.C. Section 502(d)
Docket 1
The status conference is continued to February 4, 2019 at 2:00 p.m. to be heard concurrently with Plaintiff's motion for entry of default judgment.
Appearances waived.
Debtor(s):
Eleanore Jean Baer Represented By Peter M Lively
Defendant(s):
JP Morgan Chase Bank N.A. Pro Se
Plaintiff(s):
Eleanore Baer Represented By Peter M Lively
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:19-01446 Akrabian v. 2 BS Law, LLP et al
Docket 3
No opposition was filed.
The bankruptcy case was dismissed on April 1, 2019. This adversary proceeding was filed on October 16, 2019. Notwithstanding the dismissal of the bankruptcy case, the bankruptcy court has discretion to retain jurisdiction over an adversary proceeding where judicial economy, fairness, convenience and comity favor retention. The court will not retain jurisdiction over this adversary proceeding filed 6 1/2 months after dismissal of the bankruptcy case. None of the factors favor retention of jurisdiction in this case. The adversary proceeding seeks to litigate issues regarding defendant's lien on real property formerly owned by Debtor. Movant foreclosed on the real property on October 16, 2019. The plaintiff has not taken any action in the adversary proceeding other than filing it. It has not been served on the defendants and the court has made no substantive rulings in this matter.
Judicial economy, fairness and convenience do not favor retention of the proceeding in this court. To the extent claims exist, they arise under state law and comity favors resolution of any such claims in state court. As a result, the Motion to Dismiss is GRANTED. Because the motion is granted on the grounds that the court will not retain jurisdiction over this matter, the court does not reach the request to dismiss for failure to state a claim upon which relief can be granted.
Movant shall upload an order consistent with this ruling.
Appearances waived.
2:00 PM
Debtor(s):
Marine Akrabian Represented By Matthew D. Resnik Sunjay Bhatia
Defendant(s):
BS Law, LLP Pro Se
West Coast Servicing INC Represented By Julian K Bach
West Coast 2015-4LLC Represented By Julian K Bach
Movant(s):
West Coast Servicing INC Represented By Julian K Bach
West Coast 2015-4LLC Represented By Julian K Bach
Plaintiff(s):
Marine Akrabian Pro Se
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Adv#: 2:19-01082 Romex Textiles, Inc. v. Kim
fr 6-4-19; 6-25-19, 8-13-19
Docket 1
None.
Debtor(s):
Roy Tae Kim Represented By
Michael H Yi
Defendant(s):
Roy Tae Kim Pro Se
Plaintiff(s):
Romex Textiles, Inc. Represented By Nico N Tabibi
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:00 PM
Adv#: 2:19-01083 Melrose Textiles, Inc. v. Kim
fr 6-4-19; 6-25-19, 8-13-19
Docket 1
None.
Debtor(s):
Roy Tae Kim Represented By
Michael H Yi
Defendant(s):
Roy Tae Kim Pro Se
Plaintiff(s):
Melrose Textiles, Inc. Represented By Nico N Tabibi
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:00 PM
Adv#: 2:17-01547
Mastan v. Bondanelli et al
Telephonic Hearing
fr 5-21-19; 7-16-19; 7-30-19
Docket 1
The court stayed this adversary proceeding pending the resolution of Mr. Tieni's appeal of the settlement agreement approved by the court. That appeal has not yet been concluded. This matter will continue to be stayed. The court sets a continued status conference of April 14, 2019 at 2:00 p.m. Appearances waived.
Debtor(s):
Carlo Bondanelli Represented By John D Monte Nathan D Meyer Michael J Glenn
Defendant(s):
Carlo Bondanelli Represented By Michael J Glenn
Carlo Bondanelli, as trustee of St. Represented By
Michael J Glenn
St. Joseph's Investments, Inc. Represented By Michael J Glenn
St. Joseph's Investments, Inc. in its Represented By
Michael J Glenn
2:00 PM
Does 1-10, Inclusive Pro Se
Plaintiff(s):
Peter J Mastan Represented By John P Reitman
Aleksandra Zimonjic Jack A Reitman
Trustee(s):
Peter J Mastan (TR) Represented By John P Reitman
Aleksandra Zimonjic Jack A Reitman
2:00 PM
Adv#: 2:17-01549
Mastan v. Desert Solis, Inc., a California corporation et al Telephonic Hearing
fr 5-21-19; 7-16-19; 7-30-19
Docket 1
The court stayed this adversary proceeding pending the resolution of Mr. Tieni's appeal of the settlement agreement approved by the court. That appeal has not yet been concluded. This matter will continue to be stayed. The court sets a continued status conference of April 14, 2019 at 2:00 p.m. Appearances waived.
Debtor(s):
Carlo Bondanelli Represented By John D Monte Nathan D Meyer Michael J Glenn
Defendant(s):
Desert Solis, Inc., a California Represented By Michael J Glenn
DOES 1-10, Inclusive Pro Se
Plaintiff(s):
Peter J Mastan Represented By John P Reitman
Aleksandra Zimonjic Jack A Reitman
2:00 PM
Trustee(s):
Peter J Mastan (TR) Represented By John P Reitman
Aleksandra Zimonjic Jack A Reitman
2:00 PM
Adv#: 2:17-01550 Mastan v. Civitas Incorporated., a California corporation et
fr 5-21-19; 7-16-19; 7-30-19
Docket 1
The court stayed this adversary proceeding pending the resolution of Mr. Tieni's appeal of the settlement agreement approved by the court. That appeal has not yet been concluded. This matter will continue to be stayed. The court sets a continued status conference of April 14, 2019 at 2:00 p.m. Appearances waived.
Debtor(s):
Carlo Bondanelli Represented By John D Monte Nathan D Meyer Michael J Glenn
Defendant(s):
Civitas Incorporated., a California Represented By
Michael J Glenn
St. Joseph's Investments, Inc., a Represented By Michael J Glenn
DOES 1-10, Inclusive Pro Se
Plaintiff(s):
Peter J Mastan Represented By John P Reitman
Aleksandra Zimonjic
2:00 PM
Trustee(s):
Jack A Reitman
Peter J Mastan (TR) Represented By John P Reitman
Aleksandra Zimonjic Jack A Reitman
2:00 PM
Adv#: 2:19-01442 Point.360, a California Corporation v. Office Of The United States Trustee
Docket 1
- NONE LISTED -
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
Defendant(s):
Office Of The United States Trustee Pro Se
Plaintiff(s):
Point.360, a California Corporation Represented By
Lewis R Landau
10:00 AM
Docket 0
- NONE LISTED -
1:30 PM
fr. 5-29-19, 8-28-19
Docket 87
- NONE LISTED -
Debtor(s):
Henry Franco Represented By Heather J Canning Barry E Borowitz David Brian Lally
Joint Debtor(s):
Roselia Vargas Franco Represented By Heather J Canning Barry E Borowitz David Brian Lally
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 9-11-19
Docket 96
- NONE LISTED -
Debtor(s):
Gabriel Santana Represented By David Lozano
Joint Debtor(s):
Lorena Santana Represented By David Lozano
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Telephonic Hearing
a Material Default of a Plan Provision/Delinquent Plan Payments
fr. 10-16-19
Docket 56
- NONE LISTED -
Debtor(s):
Steven D. Wade Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 10-16-19
Docket 43
- NONE LISTED -
Debtor(s):
Maria L Miranda Represented By Sunita N Sood
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr. 10-16-19
Docket 29
- NONE LISTED -
Debtor(s):
Marco Antonio Delgado Represented By Jaime A Cuevas Jr.
Joint Debtor(s):
Ana Cristina Delgado Represented By Jaime A Cuevas Jr.
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 9-11-19; 11-6-19
Docket 40
- NONE LISTED -
Debtor(s):
Beatriz Raya Represented By
Nicholas Nicholas Wajda
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 9-11-19; 11-6-19
Docket 47
- NONE LISTED -
Debtor(s):
Guilmar Alfredo Ruano Represented By Brian J Soo-Hoo
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 8-28-19; 11-6-19
Docket 39
- NONE LISTED -
Debtor(s):
Kimberly LaTreese Dunham Represented By Heather J Canning Barry E Borowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 10-16-19
Docket 35
- NONE LISTED -
Debtor(s):
Mariano Elpedes Salazar III Represented By Michael Jones
Joint Debtor(s):
Juby Sia-Salazar Represented By Michael Jones
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 3-27-19; 5-29-19; 7-31-19; 9-11-19; 11-6-19
Docket 101
- NONE LISTED -
Debtor(s):
Timothy Joseph Bussio Represented By Joshua L Sternberg
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr. 10-16-19
Docket 76
- NONE LISTED -
Debtor(s):
Sonya Winfield Represented By
Joseph Arthur Roberts
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 6-26-19, 8-14-19, 10-16-19
Docket 63
- NONE LISTED -
Debtor(s):
Debbie M Page Represented By Ali R Nader
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 4-10-19; 6-5-19; 6-26-19, 8-14-19; 10-2-19; 11-6-19
Docket 38
- NONE LISTED -
Debtor(s):
Mirtha Viviana Tabares Represented By Steven A Alpert
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 8-14-19, 10-16-19
Docket 110
- NONE LISTED -
Debtor(s):
Andrew Babakhanlou Represented By Matthew D Resnik
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr. 10-16-19
Docket 52
- NONE LISTED -
Debtor(s):
Maria Johnston Represented By Mariano A Alvarez
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr 6-5-19, 8-14-19, 10-16-19
Docket 30
- NONE LISTED -
Debtor(s):
Claudia Delgadillo Represented By
David Samuel Shevitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr. 10-16-19
Docket 46
- NONE LISTED -
Debtor(s):
Betty Brandly Represented By Michael Jay Berger
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 4-24-19; 6-26-19, 8-28-19, 10-16-19
Docket 22
- NONE LISTED -
Debtor(s):
James Crowley Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
fr. 8-28-19, 10-16-19
Docket 25
- NONE LISTED -
Debtor(s):
Sheena L Bostic Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr. 10-16-19
Docket 48
- NONE LISTED -
Debtor(s):
Carlos R. Castillo Represented By Eliza Ghanooni
Joint Debtor(s):
Maria P. Castillo Represented By Eliza Ghanooni
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 84
- NONE LISTED -
Debtor(s):
Jenny L. Do Represented By
Alla Tenina
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
/Tax Refunds)
Docket 67
- NONE LISTED -
Debtor(s):
Mario Arellano Represented By Rebecca Tomilowitz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 59
- NONE LISTED -
Debtor(s):
Arturo Nila Represented By
Julie J Villalobos
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
(Tax Returns/Tax Refunds)
Docket 34
- NONE LISTED -
Debtor(s):
Felix Moreno Represented By William G Cort
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 60
- NONE LISTED -
Debtor(s):
David King Represented By
Michelle A Marchisotto Sundee M Teeple
Joint Debtor(s):
Michelle King Represented By
Michelle A Marchisotto Sundee M Teeple
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 48
- NONE LISTED -
Debtor(s):
Diethra Kimberly Clare Represented By Kevin T Simon
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 33
- NONE LISTED -
Debtor(s):
William Peter Salinas Represented By James C Shields
Joint Debtor(s):
Vivian Salinas Represented By James C Shields
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 59
- NONE LISTED -
Debtor(s):
Nikita K. Knowles Represented By Jaime A Cuevas Jr.
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 41
- NONE LISTED -
Debtor(s):
Monique Doniese Arbuckle Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 25
- NONE LISTED -
Debtor(s):
Ricardo Ponce Represented By Jaime A Cuevas Jr.
Joint Debtor(s):
Roxana Ponce Represented By Jaime A Cuevas Jr.
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 40
- NONE LISTED -
Debtor(s):
Jesus Tecuanhuey Garcia Represented By Jaime A Cuevas Jr.
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 47
- NONE LISTED -
Debtor(s):
Stephanie Hamilton Represented By Jacqueline D Serrao
Trustee(s):
Nancy K Curry (TR) Represented By Jacqueline D Serrao
1:30 PM
Docket 56
- NONE LISTED -
Debtor(s):
Manuel J. Leon Jr. Represented By Jacqueline D Serrao
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 65
- NONE LISTED -
Debtor(s):
Jorge Alberto Duarte Represented By
Ramiro Flores Munoz
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 26
- NONE LISTED -
Debtor(s):
Alisa Charron Gresham Represented By Devin Sawdayi
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 58
- NONE LISTED -
Debtor(s):
Joshua L. Martinez Represented By Juanita V Miller
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 32
- NONE LISTED -
Debtor(s):
William Frank Marshall Represented By John Asuncion
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
a Material Default of a Plan Provision/Delinquent Plan Payments
Docket 30
- NONE LISTED -
Debtor(s):
Brigitte Jeneen Barrow Represented By Steven L Bryson
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 37
- NONE LISTED -
Debtor(s):
Rosalina Rachels Represented By Michael Jay Berger
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 31
Debtor is to explain why the court should consider the late filed opposition to the motion, filed one day before the hearing.
Debtor(s):
Richard Thomas Windes Jr. Represented By Keith F Rouse
Joint Debtor(s):
Catherine Anne Windes Represented By Keith F Rouse
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 32
No opposition having been filed, and good cause presented, the motion is GRANTED. The order dismissing the debtors' bankruptcy case entered by the court on October 4, 2019 is vacated. The automatic stay, to the extent such stay existed prior to case dismissal, is reinstated as of the entry of the order granting the motion. Any actions taken by any creditors of the estate between the October 4, 2019 entry of the order dismissing this chapter 13 case and the date of entry of this order shall not be affected by reinstatement of this bankruptcy case. This language must be included in the order. Pursuant to LBR 9021-1(b)(1)(B), debtor must lodge a proposed order via LOU within 7 days of the hearing. Appearances waived.
Debtor(s):
Carolyn Cecile Jones Represented By Eric Ridley
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 37
None.
Debtor(s):
Thomas Arthur Granlund Represented By Hayk Grigoryan
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 0
- NONE LISTED -
Debtor(s):
Thomas Arthur Granlund Represented By Hayk Grigoryan
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
fr 11-6-19
Docket 18
- NONE LISTED -
Debtor(s):
Margarito Guerrero Represented By Kevin Tang
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
#35.00 Status Conference re Objection to Claim #1 by Claimant Radin Co
fr 9-11-19; 11-6-19
Stipulation to resolve objection to claim fled 12/12/19
Docket 0
The parties filed a stipulation resolving this matter. The stipulation is subject to the debtor filing a motion to approve the compromise of this dispute. The hearing on this matter is continued to February 5, 2020 at 1:30
p.m. to allow the debtor to file and obtain a ruling on the motion to approved compromise. Appearances waived.
Debtor(s):
Brian G Newton Represented By Matthew D. Resnik
M. Jonathan Hayes
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 24
- NONE LISTED -
Debtor(s):
Alberto Gandara Jr. Represented By William J Smyth Stephen S Smyth
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 23
None.
Debtor(s):
Jennifer Morgan Represented By Leon D Bayer Marcus G Tiggs
Movant(s):
Jennifer Morgan Represented By Leon D Bayer Leon D Bayer Marcus G Tiggs Marcus G Tiggs
Trustee(s):
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 38
No opposition was filed.
This objection to the proof of claim of Los Angeles Federal Credit Union ("Claim No. 12") has been set for hearing on at least 30 days notice to the claimant as required by FRBP 3007 and LBR 3007-1. The failure of the claimant to file written opposition at least 14 days prior to the hearing as required by LBR 3007-1(b)(6) is considered as consent to the sustaining of the objection. See LBR 9013-1(h). Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
The court is granting the relief requested to disallow Claim No. 12.
The claimant's default is entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). Appearances waived.
The objection is sustained. The court disallows Claim No. 12 as it was not timely filed. Claim No. 12 was filed on September 3, 2019, after the deadline of August 28, 2019 for filing claims in this case. The objecting party shall submit an appropriate order granting the relief requested pursuant to this tentative ruling.
Debtor(s):
Glenn Bobby Peoples Represented By Charles Shamash Joseph E. Caceres
Joint Debtor(s):
Elayne Rochelle Peoples Represented By
1:30 PM
Trustee(s):
Charles Shamash Joseph E. Caceres
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 39
No opposition was filed.
This objection to the proof of claim of Los Angeles Federal Credit Union ("Claim No. 13") has been set for hearing on at least 30 days notice to the claimant as required by FRBP 3007 and LBR 3007-1. The failure of the claimant to file written opposition at least 14 days prior to the hearing as required by LBR 3007-1(b)(6) is considered as consent to the sustaining of the objection. See LBR 9013-1(h). Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
The court is granting the relief requested to disallow Claim No. 13.
The claimant's default is entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). Appearances waived.
The objection is sustained. The court disallows Claim No. 13 as it was not timely filed. Claim No. 13 was filed on September 3, 2019, after the deadline of August 28, 2019 for filing claims in this case. The objecting party shall submit an appropriate order granting the relief requested pursuant to this tentative ruling.
Debtor(s):
Glenn Bobby Peoples Represented By Charles Shamash Joseph E. Caceres
Joint Debtor(s):
Elayne Rochelle Peoples Represented By
1:30 PM
Trustee(s):
Charles Shamash Joseph E. Caceres
Nancy K Curry (TR) Pro Se
1:30 PM
Docket 53
None.
Debtor(s):
Humphrey Agack Nyapuodi Represented By Alon Darvish Eric Ridley
Trustee(s):
Nancy K Curry (TR) Pro Se
10:00 AM
Docket 0
The Court entered an order granting a final decree, entry of discharge and closing the case. This hearing is OFF CALENDAR.
Debtor(s):
Benjamin Isaac Menjivar Represented By Giovanni Orantes Luis A Solorzano
Joint Debtor(s):
Sara Aura Menjivar Represented By Giovanni Orantes Luis A Solorzano
10:00 AM
Docket 173
None.
Debtor(s):
Crescent Associates, LLC. Represented By Robert M Yaspan
Movant(s):
Crescent Associates, LLC. Represented By Robert M Yaspan
10:00 AM
Docket 181
None.
Debtor(s):
Crescent Associates, LLC. Represented By Robert M Yaspan
Movant(s):
Crescent Associates, LLC. Represented By Robert M Yaspan
10:00 AM
Telephonic Hearing
Paul Shankman to appear by telephone
Docket 167
None.
Debtor(s):
Thomas D. Bohlmann Represented By Paul R Shankman
James Andrew Hinds Jr Rachel M Sposato
10:00 AM
Telephonic Hearing
Paul Shankman to appear by telephone
Docket 169
None.
Debtor(s):
Thomas D. Bohlmann Represented By Paul R Shankman
James Andrew Hinds Jr Rachel M Sposato
10:00 AM
fr 10-3-19; 11-14-19
Docket 274
None.
Debtor(s):
Philip L. Marchiondo Represented By Ian Landsberg
10:00 AM
fr. 8-13-15; 9-24-15; 1-28-16, 5-26-16; 9-28-16
1-26-17, 5-25-17; 8-24-17, 12-14-17; 2-1-18; 3-29-18,
5-3-18; 5-31-18; 8-23-18; 11-15-18; 1-17-19, 4-25-19; 10-17-19
fr 11-14-19
Docket 1
None.
Debtor(s):
Philip L. Marchiondo Represented By Ian Landsberg
Movant(s):
Philip L. Marchiondo Represented By Ian Landsberg
10:00 AM
Telephonic Hearing
Telephone Appearances:
Daren Brinkman Committee of Unsecured Creditors
Lewis Landau Point.360
Katherine Preston Medley Corporation
Carey D. Schreiber Medley Corporation
Docket 713
None.
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
10:00 AM
fr 11-7-19
Docket 762
- NONE LISTED -
Debtor(s):
Point.360, a California Corporation Represented By
Lewis R Landau Daniel P Hogan
10:00 AM
fr 10-3-19, 11-14-19
Docket 1
- NONE LISTED -
Debtor(s):
Mad Dogg Athletics, Inc. Represented By David S Kupetz Asa S Hami Cathy Ta
Movant(s):
Mad Dogg Athletics, Inc. Represented By David S Kupetz Asa S Hami Cathy Ta
10:00 AM
Docket 136
None.
Debtor(s):
Quality Reimbursement Services, Represented By
Garrick A Hollander Alastair M Gesmundo
2:00 PM
Howard Ehrenberg
Docket 42
Final Ruling. This fee application has been set for hearing on the notice required by LBR 9013-1(d)(2) and other applicable rules. The failure of the debtor and parties in interest to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(f) is considered as consent to the granting of the motion. LBR 9013-1(h). CF. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). No appearance is allowed.
Howard M. Ehrenberg. Howard M. Ehrenberg ("Trustee") has filed a Final Report and Application for Compensation and reimbursement of expenses pursuant to 11 U.S.C. §§ 326 & 330. Trustee has itemized
$2,000.00 in fees and $0.00 in expenses, for a total of $2,000.00. No creditor or other party in interest, including the United States trustee, has filed an objection to the application.
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee’s services, payable after the trustee renders such services, not to exceed 25% of the first $5,000 or less, 10% on any amounts in excess of $5,000 but not in excess of
$50,000, 5% on any amount in excess of $50,000 but not in excess of
$1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including
2:00 PM
holders of secured claims. 11 U.S.C. § 326(a).
In this case, the total money disbursed or turned over in the case by the Trustee to parties in interest, excluding the debtor, is $15,079.00. There being no extraordinary circumstances present in this case, the trustee’s requested compensation is presumed reasonable since it is sought at the statutory rate. In re Salgado-Nava, 473 B.R. 911 (9th Cir. BAP 2012).
The court finds that the Trustee’s requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is APPROVED.
Menchaca & Company LLC: The court has reviewed the Application Menchaca & Company LLC for the Allowance of Fees and Reimbursement of Expenses. The court GRANTS the Application and awards $2,862.00 in fees and $13.65 in expenses, for a total of $2,875.65. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
SulmeyerKupetz: The court has reviewed the Application SulmeyerKupetz for the Allowance of Fees and Reimbursement of Expenses. The court GRANTS the Application and awards $7,854.90 in fees and
$57.40 in expenses, for a total of $2,875.65. The court finds that the fees requested are reasonable compensation for "actual, necessary services rendered" under 11 U.S.C. § 330(a)(1). Appearances waived.
Trustee is to lodge an appropriate order.
Debtor(s):
NCI Apparel, Inc. Represented By Todd B Becker
Trustee(s):
Howard M Ehrenberg (TR) Represented By Claire K Wu
2:00 PM
2:00 PM
Jason Rund
Docket 30
Final Ruling. This fee application has been set for hearing on the notice required by LBR 9013-1(d)(2) and other applicable rules. The failure of the debtor and parties in interest to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(f) is considered as consent to the granting of the motion. LBR 9013-1(h). CF. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). No appearance is allowed.
Jason M. Rund. Jason M. Rund ("Trustee") has filed a Final Report and Application for Compensation and reimbursement of expenses pursuant to 11 U.S.C. §§ 326 & 330. Trustee has itemized $1,458.91 in fees and
$48.30 in expenses, for a total of $1,507.21. No creditor or other party in interest, including the United States trustee, has filed an objection to the application.
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee’s services, payable after the trustee renders such services, not to exceed 25% of the first $5,000 or less, 10% on any amounts in excess of $5,000 but not in excess of
$50,000, 5% on any amount in excess of $50,000 but not in excess of
$1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including
2:00 PM
holders of secured claims. 11 U.S.C. § 326(a).
In this case, the total money disbursed or turned over in the case by the Trustee to parties in interest, excluding the debtor, is $7,089.12. There being no extraordinary circumstances present in this case, the trustee’s requested compensation is presumed reasonable since it is sought at the statutory rate. In re Salgado-Nava, 473 B.R. 911 (9th Cir. BAP 2012).
The court finds that the Trustee’s requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is APPROVED.
Debtor(s):
Trustee is to lodge an appropriate order.
Walter Ernesto Mendoza Funes Represented By Raymond Perez
Trustee(s):
Jason M Rund (TR) Pro Se
2:00 PM
(2) Approving Overbid Procedures; (3) Approving Buyer, Successful Bidder, and Back-up Bidder as Good-Faith Purchaser Pursuant to 11 U.S.C. § 363(m) and (4) Authorizing Payment of Undisputed Liens, Real Estate Broker's Commissions and Other Ordinary Costs of Sale
Docket 107
None.
Debtor(s):
Kenneth C Chew Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By David M Goodrich
2:00 PM
Docket 8
None.
Debtor(s):
Audelia Lopez Represented By Lionel E Giron
Movant(s):
Audelia Lopez Represented By Lionel E Giron
Trustee(s):
Nancy K Curry (TR) Pro Se
2:00 PM
Telephonic Hearing
(A) Approving Form of Asset Purchase Agreement for Stalking Horse Purchaser and for Overbidders to Use, (B) Approving the Stalking Horse Bidder, (C) Approving Bidding Procedures, Stalking Horse Bid Protections and Auction, (D) Approving Form of Notice to be Provided to Interested Parties; and (E) Scheduling a Court Hearing
to Consider Approval of the Sale to the Successful Bidder; and (II) After the Sale Hearing, Authorizing the Sale of Property to the Successful Bidder
Free and Clear of All Claims, Liens and Encumbrances
Randy Orlik to appear by telephone
Docket 9
None.
Debtor(s):
Painter Santa LLC Represented By David B Zolkin