10:00 AM
Zieve, Brodnax & Steele, LLP - movant attorney Motion for Relief from Stay
The Bank of New York Mellon vs. DEBTORS (Motion filed 10/23/17)
(Cont. from 12/12/17)
Re: 83784 Avenida Serena, Indio, CA 92203
(Tele. appr. Erin McCartney, rep. movant The Bank of New York Mellon)
Docket 11
- NONE LISTED -
Tentative for 1/9/17:
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
********************************************************************* Tentative for 11/14/17 is to DENY:
10:00 AM
Service is improper. The movant did not serve the Shellpoint Mortgage Service, the entity scheduled by Debtors, as required by LBR 4001-1(c)(1)(C).
Debtor(s):
Charles Robert De Lorey Pro Se
Joint Debtor(s):
Janelle Dee De Lorey Pro Se
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
Alpert, Barr & Grant, APLC - movant attorney Motion for Relief from Stay
Kinecta Federal Credit Union vs. DEBTORS (Motion filed 12/11/17)
Re: 2016 Ford Fusion Automobile VIN:3FA6P0H77GR281530 EH
(Tele. appr. Mark s. Blackman, rep, creditor, Kinecta Federal Credit Union)
Docket 12
- NONE LISTED -
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Daniel Robert Gonzales Represented By Rex Tran
10:00 AM
Joint Debtor(s):
Ashleigh Victoria Gonzales Represented By Rex Tran
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Santander Consumer USA, Inc. vs. DEBTOR (Motion filed 11/27/17)
Re: 2010 CHEVROLET CAMARO, VIN 2G1FB1EV0A9121514
EH
Docket 9
- NONE LISTED -
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Angel Hernandez Murillo Represented By George P Hobson Jr
10:00 AM
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Wells Fargo Bank vs. DEBTORS, Karl T. Anderson, trustee (Motion filed 11/30/17)
Re: 2011 Toyota Tundra, VIN: 5TFDY5F16BX198102
EH
Docket 13
- NONE LISTED -
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Jaquy M Brantley Pro Se
Joint Debtor(s):
Brandie Brantley Pro Se
10:00 AM
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
Alpert, Barr & Grant, APLC - movant attorney Motion for Relief from Stay
Kinecta Federal Credit Union vs. DEBTOR (Motion filed 12/11/17)
Re: 2014 Dodge RAM 1500 TRUCK VIN:1C6RR6KT9ES148173
EH
(Tele. appr Mark Blackman, rep. creditor, Kinecta Federal Credit Union)
Docket 14
- NONE LISTED -
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
10:00 AM
Debtor(s):
Jennifer Palafox Represented By Yoon O Ham
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Ford Motor Credit Company LLC vs. DEBTORS (Motion filed 11/28/17)
Re: 2015 FORD FUSION, VIN 3FA6P0H71FR226375
EH
Docket 10
- NONE LISTED -
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Matthew Peter Hansen Represented By Edward G Topolski
10:00 AM
Joint Debtor(s):
Jessica Ellen Hansen Represented By Edward G Topolski
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
Hemar, Rousso & Heald, LLP - movant attorney Motion for Relief from Stay
Brian D. McKay vs. DEBTOR (Motion filed 12/7/17)
Re: 2471 Wilson Avenue, Perris, CA 92571 EH
(Tele. appr. Raffi Khatchadourian,k rep. creditor, Brian McKay)
Docket 5
- NONE LISTED -
Grant pursuant to 11 U.S.C. §362(d)(1), §362(d)(2), and §362(d)(4) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Miguel Mendoza Pro Se
10:00 AM
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
TD Auto Finance LLC vs. DEBTOR, Arturo Cisneros, trustee (Motion filed 12/15/17)
Re: 2015 Dodge Charger, VIN: 2C3CDZBT7FH822347
EH
Docket 8
- NONE LISTED -
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Carmen Bonilla Monterroza Amaya Represented By
Edgar P Lombera
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
11:00 AM
Hrg. on Debtors' Motion filed 12/14/17 to set aside Order Denying Motion to Reopen Case
EH
Docket 26
NONE LISTED -
NONE LISTED -
Debtor(s):
Joseph E. Russell Represented By Victor J Herrera Nancy Korompis
Joint Debtor(s):
Stacy Russell Represented By
Victor J Herrera Nancy Korompis
Trustee(s):
Christopher R Barclay (TR) Pro Se
11:00 AM
Hrg. on chapter 7 trustee's Objection filed 12/1/17 to Claim Number 96 by Claimant Excelus Law Group, Inc.
EH
Docket 260
NONE LISTED -
Tentative for 1/9/17 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
PayCare, Inc. Represented By
Mark C Schnitzer
Trustee(s):
Helen R. Frazer (TR) Represented By Mark C Schnitzer Stanley A Harter
11:00 AM
Hrg. on chapter 7 trustee's final report; applications for compensation EH
Docket 59
NONE LISTED -
Tentative for 1/09/18 is to APPROVE as requested, except that the Court will reduce the final fees of the Trustee's counsel, the Law Offices of Larry D. Simons, by $1,000.00 for fees attributable to the preparation of its employment application, as well as that of the Trustee's broker.
The "preparation of an application for employment of a professional is a duty generally performed by a trustee without the assistance of an attorney". See In re Garcia, 335 B.R. 717, 725 (B.A.P. 9th Cir. 2005) (where BAP affirmed the denial of fees related to trustee's counsel's employment application in Chapter 7 case, where counsel was retained to negotiate an equity buy back and sell property of the estate). The Firm has not demonstrated that the two employment applications were not routine, which remains a trustee duty. Id.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
11:00 AM
Debtor(s):
Henry Mark Ridha Represented By Joseph L Borrie Douglas A Plazak
Trustee(s):
Lynda T. Bui (TR) Represented By Larry D Simons Frank X Ruggier
11:00 AM
Hrg. on trustee's final report; applications for compensation EH
Docket 0
NONE LISTED -
Tentative for 1/09/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Gustavo Daniel Dorati Represented By Caroline S Kim
Trustee(s):
Helen R. Frazer (TR) Represented By Leonard M Shulman Elyza P Eshaghi Lynda T Bui
11:00 AM
Hrg. on chapter 7 trustee's final report; applications for compensation EH
Docket 43
NONE LISTED -
Tentative for 1/09/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Kevin D'Shawn Shannon Pro Se
Trustee(s):
Helen R. Frazer (TR) Pro Se
11:00 AM
Hrg. on chapter 7 trustee's final report; applications for compensation EH
Docket 51
NONE LISTED -
Tentative for 1/09/18 is to APPROVE as requested, except that the Court will reduce the final fees of the Trustee's counsel, Roquemore Pringle, by
$380.00 for fees attributable to the preparation of its employment application.
The "preparation of an application for employment of a professional is a duty generally performed by a trustee without the assistance of an attorney". See In re Garcia, 335 B.R. 717, 725 (B.A.P. 9th Cir. 2005) (where BAP affirmed the denial of fees related to trustee's counsel's employment application in Chapter 7 case, where counsel was retained to negotiate an equity buy back and sell property of the estate). The Firm has not demonstrated that the employment application was not routine, which remains a trustee duty. Id.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
11:00 AM
Debtor(s):
Michael A McCann Represented By Michael Smith
Trustee(s):
John P Pringle (TR) Represented By
Christopher W Taylor Esq Toan B Chung
11:00 AM
Hrg. on chapter 7 trustee's final report; applications for compensation EH
Docket 0
NONE LISTED -
Tentative for 1/09/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Moises Urbina Represented By Alberto Carranza
Trustee(s):
Karl T Anderson (TR) Pro Se
11:00 AM
Hrg. on chapter 7 trustee's final report; applications for compensation EH
Docket 63
NONE LISTED -
Tentative for 1/09/18 is to APPROVE as requested, except as follows:
Trustee's application to employ LEA Accountancy, LLP, filed 3/15/17 [Dk. 23], approved in Order entered 5/2/17 [Dk. 28], sought approval of Lea Accountancy's employment "effective as of the date services were first requested, February 22, 2017." Of the fees requested, 1.7 hours of work ocurred prior to February 22, 2017, for which applicant seeks compensation of $516. None of the requested expenses were incurred prior to February 22, 2017. Accordingly, the fees requested by LEA Accountancy, LLP are reduced by $516.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Phillip Michael Federico Represented By Kian Mottahedeh
11:00 AM
Trustee(s):
Lynda T. Bui (TR) Pro Se
11:00 AM
Hrg. on chapter 7 trustee's final report; applications for compensation EH
Docket 27
NONE LISTED -
Tentative for 1/09/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Timothy Martin Bechtel Jr. Represented By Todd L Turoci
Joint Debtor(s):
Stephanie Bechtel Represented By Todd L Turoci
Trustee(s):
John P Pringle (TR) Pro Se
11:00 AM
Hrg. on Motion filed 12/6/17 Objecting to Claims of (1) Discover Bank, Claim Number 2; (2) Cavalry SPV I, LLC, Claim Number 3; (3) American Express Bank, FSB, Claim Number 4; and (4) Capital One, N.A., Claim Number 5
EH
Docket 0
NONE LISTED -
Tentative for 1/9/18 is to DENY as moot as to Claim Nos. 2, 4, and 5 in light of the withdrawals of claim filed [Dk. 26, 27, and 28] and to CONTINUE to February 6, 2018 at 11:00 a.m. as to Claim No. 3 to allow the Movant to effectuate service on Claimants pursuant to FRBP 7004, as required by this Court and as set forth on this Court's website in connection with service of claim objections.
Appearances for the 1/9/18 hearing are excused.
Debtor(s):
Danielle Nicole Martin Represented By Kevin M Cortright
Joint Debtor(s):
Sean Richard Martin Represented By Kevin M Cortright
Trustee(s):
Karl T Anderson (TR) Pro Se
11:00 AM
Hrg. on chapter 7 trustee's Motion filed 12/1/17 for order extending time for the Chapter 7 Trustee and The United States Trustee to file a complaint objecting to discharge
EH
Docket 15
NONE LISTED -
Tentative for 1/09/18 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Eduardo Betancourt Reyes Represented By
James Geoffrey Beirne
Joint Debtor(s):
Beatriz Betancourt Represented By
James Geoffrey Beirne
Trustee(s):
Todd A. Frealy (TR) Pro Se
11:00 AM
Docket 0
NONE LISTED -
NONE LISTED -
Debtor(s):
Aidee Cabrera Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
1:30 PM
Hrg. on Order to Appear for Examination EH
Docket 0
NONE LISTED -
NONE LISTED -
Debtor(s):
Rancho Housing Alliance, Inc. Represented By Michael B Reynolds Brett Ramsaur
1:30 PM
Hrg. on Debtor's Motion filed 9/8/17 for approval of chapter 11 disclosure statement
(Cont. from 12/12/17) EH
Docket 66
NONE LISTED -
NONE LISTED -
Debtor(s):
Village News, Inc. Represented By
Robert B Rosenstein
1:30 PM
Hrg. on Chapter 11 Status Conference (Cont. from 12/12/17)
EH
Docket 0
NONE LISTED -
NONE LISTED -
Debtor(s):
Village News, Inc. Represented By
Robert B Rosenstein
1:30 PM
Hrg. on Debtors' Motion filed 12/7/17 for Order Authorizing Use of Cash Collateral of and Granting Replacement Liens to () Allstar Financial Services, Inc., (B) Beverly Gross, and (C) New Lakeview Farms, LLC, and (2) Approving Stipulation for Adequate Protection and Use of Cash Collateral with the United States
EH
(Tele. appr Dean Rallis, rep. Debtor, Howard Dean Foster and Anna Mae Foster)
(Tele. appr. Jolene Tanner, rep. creditor, U.S.A.)
Docket 181
NONE LISTED -
NONE LISTED -
Debtor(s):
Foster Enterprises, a California Represented By Dean G Rallis Jr Matthew D Pham Gregory K Jones
1:30 PM
Hrg. on Adequacy of Disclosure Statement Describing Debtors' Plan of Reorganization Dated November 7, 2017
EH
(Tele. appr Dean Rallis, rep. Debtor, Howard Dean Foster and Anna Mae Foster)
(Tele. appr. Jolene Tanner, rep. creditor, U.S.A.)
Docket 0
NONE LISTED -
NONE LISTED -
Debtor(s):
Foster Enterprises, a California Represented By Dean G Rallis Jr Matthew D Pham Gregory K Jones
1:30 PM
Hrg. on Debtors' Motion filed 11/30/17 for approval of chapter 11 disclosure statement
EH
(Tele. appr. Jennifer Wong, rep. creditor, Wells Fargo Bank)
Docket 66
NONE LISTED -
NONE LISTED -
Debtor(s):
Shawn Maceo Rife Represented By Michael Jones Sara Tidd
Joint Debtor(s):
Shayne Morgan Rife Represented By Michael Jones Sara Tidd
1:30 PM
Hrg. on Chapter 11 Trustee's Motion filed 12/19/17 Dismiss the case or, in the alternative, to convert it to Chapter 7
EH
(Tele. appr. Matthew Bunting, rep. Administrative Creditor W2LG)
Docket 524
NONE LISTED -
Tentative for 1/9/18 is to GRANT, modified as set forth in the Reply filed on 1/2/18 [Dk. 528].
Appearances are excused.
Debtor(s):
Wrightwood Guest Ranch LLC Represented By Riley C Walter
Michael L Wilhelm Amelia Puertas-Samara
Trustee(s):
Richard J Laski (TR) Represented By Aram Ordubegian
M Douglas Flahaut Sevan Gorginian
10:00 AM
Hrg. on approval of Reaffirmation Agreement Between Debtor and LBS Financial Credit Union, in the amount of $12,342.31
Re: 2015 Harley Davidson
Docket 17
NONE LISTED -
Debtor(s):
Christopher Farris Represented By Christopher Hewitt
Joint Debtor(s):
Samantha Farris Represented By Christopher Hewitt
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
Hrg. on approval Reaffirmation Agreement filed 12/4/17 Between Debtor and ACAR Leasing LTD, in the amount of $5,057.85
Re: 2016 Buick Encore
Docket 11
NONE LISTED -
Debtor(s):
Patricia Ann Platt Pro Se
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation agreement between Debtors and Wescom Central Credit Union, in the amount of $16,359.16
Re: 2014 Ford Fusion
Docket 9
NONE LISTED -
Debtor(s):
Joseph Robb Represented By
Terrence Fantauzzi
Joint Debtor(s):
Jessica Robb Represented By
Terrence Fantauzzi
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 12/8/17 Between Debtor and AmeriCredit Financial Services, Inc. dba GM Financial, in the amount of
$22,377.44
Re: 2013 Chevrolet Silverado
Docket 12
NONE LISTED -
Debtor(s):
Steven Ray Crawford Represented By Stephen H Darrow
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 12/7/17 Between Debtor and American Honda Finance Corporation, in the amount of $3175.70
Re: 2015 Honda Crv
Docket 14
NONE LISTED -
Debtor(s):
Edward Richard Atwood III Represented By Daniel King
Trustee(s):
John P Pringle (TR) Pro Se
1:30 PM
Adv#: 6:16-01191 Onepoint Human Capital Management LLC v. Arents
Hrg. on Motion filed 10/3/17 by Attorney for Defendant on Motion for Order Dismissing Complaint and/or Preventing Plaintiff from Offering any Direct Testimony and/or Monetary Sanctions for Plaintiff's failure to file and serve Trial Declarations by the Court's required deadline
(Continued from 10/23/17) EH
(Tele. appr Walter Whelan, rep. Plaintiff OnePoint Human Capital Management, LLC)
(Tele. appr. James Hornbuckle, rep. Defendant, Angela Arents)
Docket 46
Tentative for 1/10/18 is to GRANT in part and DENY in part.
The Motion is DENIED to the extent that Defendant seeks an order dismissing the case or preventing Plaintiff from offering any direct testimony.
The Motion is GRANTED with respect to Defendant's request for the imposition of monetary sanctions. Plaintiff is sanctioned $250 for failure to timely file and serve its trial declarations for direct testimony 30 days prior to trial in accordance with the Court's Trial by Declaration Procedures and express admonitions at the 6/14/17 pretrial hearing.
Debtor(s):
Angela M. Arents Represented By
James D. Hornbuckle
1:30 PM
Defendant(s):
Angela M. Arents Represented By
James D. Hornbuckle
Plaintiff(s):
Onepoint Human Capital Represented By Walter W Whelan
Trustee(s):
Arturo Cisneros (TR) Represented By Elyza P Eshaghi
Leonard M Shulman Melissa Davis Lowe
1:30 PM
Adv#: 6:17-01208 Steven M. Speier, solely in his capacity as Chapte v. American High Reach,
STATUS CONFERENCE re: Complaint by Steven M. Speier, solely in his capacity as Chapter 7 Trustee for the bankruptcy estate of Elite Tower Professionals LLC against American High Reach, Inc.. Nature of Suit: (12 (Recovery of money/property - 547 preference))
EH
Docket 1
Tentative for 1/10/18:
The Court has received and reviewed the Status Report filed on 12/29/17 [Dk. 5]. This Status Conference is CONTINUED to March 7, 2018, at 1:30 p.m. to allow for resolution of Plaintiff's pending Motion for Entry of Default Judgment filed on 1/3/18 [Dk. 13].
Appearances are excused.
Debtor(s):
Elite Tower Professionals LLC Represented By Michael Jay Berger
Defendant(s):
American High Reach, Inc. Pro Se
Plaintiff(s):
Steven M. Speier, solely in his Represented By Marc C Forsythe
1:30 PM
Trustee(s):
Steven M Speier (TR) Represented By Robert P Goe
1:30 PM
Adv#: 6:17-01209 Steven M. Speier, solely in his capacity as Chapte v. GlenMartin Holding
STATUS CONFERENCE re: Complaint by Steven M. Speier, solely in his capacity as Chapter 7 Trustee for the bankruptcy estate of Elite Tower Professionals LLC against GlenMartin Holding Co., LLC Nature of Suit: (12 (Recovery of money/property - 547 preference))
EH
Docket 1
Tentative for 1/10/18:
The Court has received and reviewed the Status Report filed on 12/29/17 [Dk. 5]. This Status Conference is CONTINUED to March 7, 2018, at 1:30 p.m. to allow for resolution of Plaintiff's pending Motion for Entry of Default Judgment filed on 1/3/18 [Dk. 13].
Appearances are excused.
Debtor(s):
Elite Tower Professionals LLC Represented By Michael Jay Berger
Defendant(s):
GlenMartin Holding Co., LLC Pro Se
Plaintiff(s):
Steven M. Speier, solely in his Represented By Marc C Forsythe
1:30 PM
Trustee(s):
Steven M Speier (TR) Represented By Robert P Goe
1:30 PM
Adv#: 6:16-01275 BROWNIE TRADING INC. et al v. CAM et al
Hrg. on Plaintiffs' Motion filed 12/13/17 for Default Judgment EH
Docket 32
Tentative for 1/10/18 is to GRANT.
The Movant has provided sufficient evidence to establish that it is entitled to entry of default judgment in its favor that Movant's claim is nondischargeable in the amount of $692,630.31.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Within seven days, Movant to lodge (1) an Order Granting the Motion for Default Judgment; and (2) the proposed Default Judgment.
Debtor(s):
JACKIE SIUTRI CAM Represented By Robert N Phan
Defendant(s):
JACKIE SIUTRI CAM Pro Se
Highland Fresh Poultry, a California Pro Se Alan Mok Pro Se
1:30 PM
EE Shun Ling Pro Se
Vansy Thaopaset Pro Se
Plaintiff(s):
BROWNIE TRADING INC. Represented By Mary M Sun Jason Chuan
Goon Chou Chan Represented By Mary M Sun Jason Chuan
Trustee(s):
Howard B Grobstein (TR) Pro Se
1:30 PM
Adv#: 6:16-01275 BROWNIE TRADING INC. et al v. CAM et al
STATUS CONFERENCE re: Complaint by BROWNIE TRADING INC., Goon
Chou Chan against Jackie Cam, an individual, Alan Mok, an individual, EE Shun Ling, an individual, Vansy Thaopaset, an individual, and DOES 1-20, inclusive
(Cont. from 9/13/17) EH
Docket 1
Tentative for 1/10/18:
In light of the Court’s tentative for the Second Motion for Default Judgment set for hearing at Calendar No. 11, this matter will come off calendar.
No appearances required.
Debtor(s):
JACKIE SIUTRI CAM Represented By Robert N Phan
Defendant(s):
JACKIE SIUTRI CAM Pro Se
Highland Fresh Poultry, a California Pro Se Alan Mok Pro Se
EE Shun Ling Pro Se
Vansy Thaopaset Pro Se
1:30 PM
Plaintiff(s):
BROWNIE TRADING INC. Represented By Mary M Sun Jason Chuan
Goon Chou Chan Represented By Mary M Sun Jason Chuan
Trustee(s):
Howard B Grobstein (TR) Pro Se
1:30 PM
Adv#: 6:17-01116 Cisneros v. Tran
STATUS CONFERENCE re: Complaint by Arturo Cisneros against Kim Tran. EH
(Cont. from 11/15/17)
Docket 1
Tentative for 1/10/18:
The Court has received and reviewed the Joint Status Report filed 12/27/17 [Dk. 22]. This matter is CONTINUED to February 7, 2018 at 1:30 p.m. A joint status report is due 14 days in advance. The joint status report should advise the Court of the outcome of the mediation scheduled for January 9, 2018, and if appropriate, propose deadlines regarding discovery, pretrial motions, and a pretrial conference.
Appearances excused.
************************************************************************************ Tentative for 8/30/17 is to CONTINUE this matter to November 15, 2017 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
Kim Han Do Represented By
Keith Q Nguyen
Defendant(s):
Kim Tran Pro Se
1:30 PM
Plaintiff(s):
Arturo Cisneros Represented By Thomas H Casey
Trustee(s):
Arturo Cisneros (TR) Represented By Thomas H Casey Kathleen J McCarthy
1:30 PM
Adv#: 6:17-01211 U.S. Trustee v. Garcia
STATUS CONFERENCE re: Complaint by US Trustee to Deny Debtors Discharge Or, Alternatively, Dismiss Bankruptcy Case with Prejudice
EH
Docket 1
Tentative for 1/10/18 is to CONTINUE the status conference to February 7, 2018, at 1:30 p.m. to coincide with the hearing on the Plaintiff's Motion for Default Judgment [Dk. 12]. A status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
Alejandro Garcia Represented By Manfred Schroer
Defendant(s):
Alejandro Garcia Pro Se
Plaintiff(s):
U.S. Trustee Represented By
Mohammad Tehrani
Trustee(s):
Robert Whitmore (TR) Pro Se
1:30 PM
Adv#: 6:17-01214 Navy Federal Credit Union v. Rivera
STATUS CONFERENCE re: Complaint by Navy Federal Credit Union against Anthony Rivera to determine dischargeability of a debt.
EH
Docket 1
NONE LISTED -
Debtor(s):
Anthony Rivera Pro Se
Defendant(s):
Anthony Rivera Pro Se
Plaintiff(s):
Navy Federal Credit Union Represented By Robert S Lampl
Trustee(s):
Lynda T. Bui (TR) Pro Se
11:00 AM
CONT'D Hearing RE: Motion To Reopen Chapter 7 Case To File Reaffirmation Agreement On Home Mortgage
(Motion filed 9/19/17) (Amended Notice filed 9/19/17) FR: 10-18-17
Docket 22
Tentative for 1/10/18 is to DENY.
At the last hearing, the Court discussed with Counsel on the record the possibility that Bank of America's actions violated the discharge injunction. No further motions have been filed as of the posting of this tentative. What is the status?
Appearances required.
********************************************************************************* Tentative for 10/18/17 is to DENY:
Debtor seeks to reopen his bankruptcy case for the purpose of filing a reaffirmation agreement with Bank of America reaffirming the mortgage on Debtor’s primary residence.
Under 11 U.S.C. § 350(b), "[a] case may be reopened in the court in which such case was closed to administer assets, to accord relief to the debtor, or for other cause." Courts may deny a request to reopen a closed case when there it is not necessary to reopen the case or there no legal basis to grant the relief sought by the movant. See In re Cortez, 191 B.R. 174, 179 (B.A.P. 9th Cir. 1995) ("The bankruptcy court did not abuse its discretion by denying the debtors' motion to reopen their bankruptcy case when there was no legal basis for granting the relief sought."); In re Bellano, 456 B.R. 220, 222–23
11:00 AM
(Bankr. E.D. Pa. 2011) (denying motion to reopen for purposes of filing a reaffirmation agreement because reaffirmation agreements made post- discharge are unenforceable under § 524(c)).
Here, the Debtor has not presented any legal basis for grant the relief sought. The only way to resuscitate a debt otherwise dischargeable in bankruptcy is to enter into a reaffirmation agreement under 11 U.S.C. § 524(c) and (d).
Well-settled case law requires that such an agreement be made before the debtor received a discharge. In re Kamps, 217 B.R. 836 (Bankr.C.D.Cal.1998). In re Motley, 268 B.R. 237, 243 (Bankr. C.D. Cal.
2001).
There are very limited exceptions to the timing requirement, none of which apply here. Courts have allowed debtors to reopen their case to file a reaffirmation agreement that was made before entry of discharge. See In re Davis, 273 B.R. 152, 153 (Bankr. S.D. Ohio 2001) (allowing debtor to reopen case to file a reaffirmation agreement that had been prepared and signed prior to entry of the discharge order, notwithstanding "the general practice of this Court to deny motions to reopen cases filed for the purpose of filing reaffirmation agreements after the discharge order has been entered"). There is no evidence an agreement was reached prior to entry of the discharge order; to the contrary, Debtor affirms that he did not sign a reaffirmation agreement while his bankruptcy case was open. See Declaration of Debtor, ¶ 5.
Some Courts have exercised their equitable powers to vacate the discharge to allow entry of a reaffirmation agreement. See In re Bellano, 456 B.R. 220, 223 (Bankr. E.D. Pa. 2011); In re Long, 22 B.R. 152, 154 (Bankr. D. Me.
1982) (vacating discharge 4 months after entry of discharge to allow reaffirmation agreement with mortgagor to be filed and heard, but noting that deferral of entry of discharge was the more appropriate procedure); In re Solomon, 15 B.R. 105, 106 (Bankr. E.D. Pa. 1981) (finding sufficient equities in the case to vacate discharge to allow hearing on reaffirmation agreement which had been filed 3 days after discharge was entered where the agreement would settle litigation with a secured creditor that started a little
11:00 AM
more than a month before the discharge hearing and had not been settled before the discharge hearing). But see In re Eccleston, 70 B.R. 210, 213 (Bankr. N.D.N.Y. 1986).(finding the equities did not support exercise of the Court’s equitable powers to vacating the discharge, noting that "a debtor seeking relief under Fed.R.Bankr.P. 9024 (Fed.R.Civ.P. 60(b)) must show ‘extraordinary’ circumstances which prevented relief through usual channels.").
In this case, Debtor has already received his discharge, and has been relieved of any personal liability on the mortgage loan for nearly 6 years. To vacate the Debtor's discharge now would be absurd; the equities do not favor vacating Debtor's discharge.
For the foregoing reasons, no valid reaffirmation agreement may be entered into or filed. Thus, there is no cause to reopen the Debtor’s bankruptcy case. The Motion is DENIED.
Appearances required.
Debtor(s):
Stephen Michael Milano Represented By Joseph W Creed Brian J Soo-Hoo
Movant(s):
Stephen Michael Milano Represented By Joseph W Creed Brian J Soo-Hoo
Trustee(s):
Jeffrey I Golden (TR) Pro Se
11:00 AM
Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses
(Final Report filed 11/21/17)
[RE: KAREN SUE NAYLOR - Chapter 7 Trustee] [Fees: $1,500.00; Expenses: $221.05]
Docket 0
Tentative for 1/10/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Sandra Sue Sterling Represented By Alon Darvish
Trustee(s):
Karen S Naylor (TR) Pro Se
11:00 AM
CONT'D Hearing RE: Application By Chapter 7 Trustee To Employ Law Office Of Denisse Henderson As Special Litigation Counsel
(Motion filed 9/18/17)
(Set per Order Entered 10/12/17)
FR: 11-8-17; 12-20-17
[Tele. appr., Adam N. Barasch, repr., Bank of America]
Docket 36
Tentative for 1/10/18:
At the last hearing, the Trustee requested a short continuance. As of the posting of this tentative, nothing further has been filed.
Appearances required.
******************************************************************************* Tentative for 12/20/17:
Besides the issues discussed at the earlier hearing, the Court observes the published decision in Sundquist v. Bank of America (In re Sundquist), Case No. 10-35624 [Dk. 519], 2017 WL 5501239, at *1 (Bankr. E.D. Cal. Nov. 15,
2017), regarding the qualifications of the propsed counsel. Appearances required.
******************************************************************************* Tentative for 11/8/17:
Appearances required.
11:00 AM
Debtor(s):
Michael Louis Hollander Represented By Joseph M Tosti
W. Sloan Youkstetter
Joint Debtor(s):
Susan Waxman Hollander Represented By Joseph M Tosti
W. Sloan Youkstetter
Trustee(s):
Richard A Marshack (TR) Represented By David M Goodrich
11:00 AM
Adv#: 8:16-01049 Citibank, N.A. v. Carlin
Hearing RE: Motion in Limine to Exclude Testimony Of Defendant Johnnie Rae Carlin's Expert Witness Fred James
(Motion filed 12/20/17)
[Tele. appr., David B. Lally, repr., Defendant Johnnie Carlin] [Tele. appr., Daniel H. Wu, repr., repr., Citi Bank, NA]
Docket 53
Tentative for 1/10/18:
The Motion in Limine is DENIED. The Trial currently set for January 29, 2018 is CONTINUED to May 22, 2018 at 9:30 a.m. Discovery is reopened for 60 days to allow the parties to conduct discovery regarding (1) the expert witness Fred James; and (2) Donny Lam.
Appearances required.
Debtor(s):
Johnnie Rae Carlin Represented By Steven A Alpert
Defendant(s):
Johnnie Rae Carlin Represented By David Brian Lally
Plaintiff(s):
Citibank, N.A. Represented By Daniel H Wu
11:00 AM
Trustee(s):
Karen S Naylor (TR) Pro Se
10:00 AM
Motion for relief from stay [Real Property]
Daniel Keith Larson, Erin Ellen Larson vs. DEBTOR (Motion filed 12/11/17)
[RE: 1221 North Amelia Street, Anaheim, CA 92807] [Tele. appr., Daniel Larson, repr., Daniel Larson]
[Tele. appr., Misty A. Isaacson, repr., Richard Marshack, Trustee]
Docket 61
Tentative for 1/11/18 is to DENY.
Movant requests relief under §§362(d)(1) and (d)(4), as well as extraordinary relief (¶¶5, 8-11), including annulment and in rem relief. Movant does not provide any facts justifying that annulment is warranted, has not established that "cause" exists under (d)(1), or demonstrated that relief should be granted under (d)(4). Moreover, Trustee has submitted evidence supporting a calculation of a 27% equity cushion in the property, and has filed an adversary complaint to determine the validity, priority, and extent of the Movant's lien [Adv. No. 8:18-ap-01006-SC]. In light of the disputed nature of the lien, and the Order approving the sale of the Property entered 1/3/18 [Dk. 78], and the lack of cause demonstrated by the Movant, relief from stay is not merited at this time. The motion is denied.
Appearances required.
Debtor(s):
Dana Kim Shelton Represented By Christopher P Walker
10:00 AM
Trustee(s):
Richard A Marshack (TR) Represented By
Misty A Perry Isaacson
10:00 AM
Motion for relief from stay [Action In Non-Bankruptcy Forum]
Daniel Keith Larson, Erin Ellen Larson, Sharon Deon Sims vs. DEBTOR (Motion filed 12/11/17)
[RE: Case Name: In RE: The Matter Of: Gerald & Barbara Larson Trust] [Docket Number: 30-2012-00539610-PR-TR-CJC]
[Pending In: Superior Court Of The State Of California, County Of Orange Central Justice Center]
Docket 62
Tentative for 1/11/18 is to DENY.
Movants bear the initial burden to establish “a prima facie case that ‘cause’ exists for relief under § 362(d)(1)” based on one or more of the twelve factors. See, In re Plumberex Specialty Products, Inc., 311 B.R. 551, 557, 559 (Bankr.C.D.Cal. 2004) (listing the twelve factors catalogued in In re Curtis, 40
B.R. 795 (Bankr.D.Utah 1984).) Movants do not address the Curtis factors. Further, Movants do not address the factors identified in In re Sinclair, 2013 WL 2303729 (BAP 9th Cir. 2013) necessary for annulment. Without the foregoing, Movants have not met their burden.
Moreover, the Trustee has indicated that relief from stay will prejudice the Estate and requests that the Motion be denied so the sale of the real property can go forward. On 1/9/18, the Trustee filed a complaint to determine the validity, priority, and extent of the Movants' lien on the real property. In light of Movants' failure to demonstrate cause and the Trustee's representation that there is a likelihood of prejudice to the estate, relief from stay is not appropriate at this time. The Motion is denied.
Appearances required.
10:00 AM
Debtor(s):
Dana Kim Shelton Represented By Christopher P Walker
Trustee(s):
Richard A Marshack (TR) Represented By
Misty A Perry Isaacson
10:00 AM
Hearing RE: Objection To Proof Of Claim No: 3-2; Proof Of Claim No: 7; Filed By Attorney Christopher P. Walker
(Motion filed 12/14/17)
Claim No. 3-2 | Daniel Keith Larson | $205,892.19 |
Claim No. 7 | Daniel Keith Larson | $18,330.95 |
[Tele. appr., Daniel Larson, repr., Daniel Larson]
[Tele. appr., Misty A. Isaacson, repr., Richard Marshack, Trustee]
Docket 67
Tentative for 1/11/18 is to DENY because the motion was filed on less than the 30 days' notice required by FRCP 3007 and LBR 3007-1(b).
Debtor(s):
Dana Kim Shelton Represented By Christopher P Walker
Trustee(s):
Richard A Marshack (TR) Represented By
Misty A Perry Isaacson
10:00 AM
Motion for relief from stay [Personal Property]
Hyundai Lease Titling Trust vs. DEBTOR (Motion filed 11/20/17)
[RE: 2015 Hyundai Sonata - VIN No.: 5NPE34AF8FH153065]
[Tele. appr., Austin P. Nagel, repr., Hyundai]
Docket 12
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Nadia Martinez Represented By
James D. Hornbuckle
Trustee(s):
Karen S Naylor (TR) Pro Se
10:00 AM
Motion for relief from stay [Personal Property]
Cab West, LLC vs. DEBTORS (Motion filed 11/30/17)
[RE: 2014 Ford Fusion - VIN No.: 3FA6P0H70ER356694]
[Tele. appr., Jennifer H. Wang, repr., Cab West]
Docket 12
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
David Alan Bankhardt Represented By
Diane L Mancinelli
Joint Debtor(s):
Theresa Anne Bankhardt Represented By
Diane L Mancinelli
Trustee(s):
Jeffrey I Golden (TR) Pro Se
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: Status Of Chapter 11 Case; And
(2) Requiring Report On Status Of Chapter 11 Case
FR: 12-8-11; 2-16-12; 5-10-12; 7-19-12; 9-20-12; 11-15-12; 5-16-13; 5-23-13;
11-14-13; 4-17-14; 10-30-14; 3-19-15; 8-20-15; 2-11-16; 6-23-16, 5-11-17; 11-
16-17
[Tele. appr., Sidney Levinson, repr., Michael Ozawain in his incapacity of Liquaditions Trustee]
Docket 1
Tentative for 1/11/18:
The Court has received and reviewed the Eleventh Status Report filed by the Liquidation Trustee on 12/28/17 [Dk. 980]. The Status Conference is CONTINUED to February 22, 2018 at 11:00 a.m. A status report is to be filed 14 days in advance.
Appearances are excused.
Debtor(s):
Pacific Monarch Resorts, Inc. Represented By Scott H Yun
H Alexander Fisch Genevieve G Weiner Danielle A Pham
Trustee(s):
Michael M Ozawa Represented By Sidney P Levinson
11:00 AM
CONT'D POST-CONFIRMATION STATUS CONFERENCE Hearing RE: (1)
Case Management Conference And (2) Requiring Status Report (Petition filed 2/2/16)
(Post-Confirmation S/C set Per Order Entered on 7/24/17)
FR: 3-31-16; 6-30-16; 9-29-16; 10-20-16; 11-3-16; 12-15-16; 3-16-17; 6-8-17; 6-
19-17; 7-24-17
[Tele. appr., Linda F. Cantor, repr., California Hispanic Commission on Alcohol and Drug Abuse, Inc.]
Docket 0
Tentative for 1/11/18:
The Court has received and reviewed the status reports filed by the Litigation Trustee Tom Casey on 12/27/17 [Dk. 472] and by the Reorganized Debtor on 12/27/17 [Dk. 473]. The post-confirmation status conference is continued to June 14, 2018, at 11:00 a.m.
Appearances excused.
Debtor(s):
California Hispanic Commission on Represented By
Michael R Totaro Linda F Cantor ESQ Victoria Newmark Nancy S Goldenberg
11:00 AM
CONT'D POST-CONFIRMATION STATUS CONFERENCE Hearing RE: (1)
Case Management Conference And (2) Requiring Status Report (Petition filed 7/7/16)
[Jointly Administered with:]
[Case No. 8:16-bk-12879-SC, Favreau's Custom Woodworking]
FR: 9-1-16; 11-17-16; 12-1-16; 1-19-17; 2-2-17; 2-16-17; 3-9-17, 5-11-17; 6-19-
17; 12-14-17
[Tele. appr., Robert P. Goe, repr., Favreau's Custom Woodworking]
Docket 1
Tentative for 1/11/18 is to CONTINUE this matter to 5/3/18 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
Michael Edward Favreau Represented By Robert P Goe
11:00 AM
Adv#: 8:16-01229 Ruiz et al v. Favreau
CONT'D STATUS CONFERENCE Hearing RE: Amended Complaint To The Nondischargeability Of Certain Debts Owed By Debtor Michael Edward Favreau To Christopher P. And Theresa Ruiz Pursuant To 11 U.S.C. Section 523 (Complaint filed 10/17/16) (Amended Complaint filed 2/13/17)
FR: 1-12-17; 3-16-17; 4-20-17; 6-19-17; 12-14-17
Docket 16
Tentative for 1/11/18 is to CONTINUE this matter to 5/3/18 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
***************************************************************************** Tenative for 12/14/17 is to CONTINUE this matter to 1/11/18 at 11:00 a.m. A status report is due 7 days in advance.
Appearances for the 12/14/17 hearing are excused.
**************************************************************************** Tentative for 6/19/17:
The parties reached a settlement, the terms of which are set forth in the Joint Amended Chapter 11 Plan of Reorganization. Upon confirmation of the Joint Amended Chapter 11 Plan of Reorganization, this matter will go off calendar as being resolved, and the case will be closed upon entry of the order confirming the plan.
***************************************************************************** Tentative for 4/20/2017:
11:00 AM
The Court has received and reviewed the status report filed 4/17/17 [Dk. 22] and will CONTINUE this matter to 6/19/17 at 10:00 a.m.
Appearances are excused.
Debtor(s):
Michael Edward Favreau Represented By Robert P Goe
Defendant(s):
Michael Edward Favreau Pro Se
Plaintiff(s):
Christopher P. Ruiz Represented By John W Lucas
Theresa-Keane Ruiz Represented By John W Lucas
11:00 AM
Hearing RE: Motion To Dismiss Or Convert Reorganized Debtors' Cases Under 11 U.S.C. Section 1112(b) For Failure To Pay U.S. Trustee Quarterly Fees, File Monthly Operating Reports And Submit U.S. Trustee Post-Confirmation Reports (Motion filed 11/28/17)
Docket 315
- NONE LISTED -
Debtor(s):
Michael Edward Favreau Represented By Garrick A Hollander Andrew B Levin Robert P Goe Richard H Golubow
Favreau's Custom Woodworking, Represented By
Robert P Goe
11:00 AM
Motion for relief from stay [Personal Property]
Luxury Asset Lending, LLC vs. DEBTOR
[Affects Luxury Asset Purchasing International, LLC]
(Motion filed 11/27/17)
[RE: Vessel Elide, USCG Doc. No. 1185666]
[Tele. appr., Allan H. Ickowitz, repr., Clarity Strategic Opportunities, LLC]
Docket 297
Tentative for 1/11/18 is to DENY for failure to properly serve Debtor pursuant to LBR 4001-1(c)(1).
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok
Kyra E Andrassy Roger F Friedman
11:00 AM
Hearing RE: Motion Of WJA Real Estate Opportunity Fund II, LLC For An Order
Approving Bid Procedures Pursuant To Local Bankruptcy Rule 6004-1(b) In Connection With Sale Of Membership Interests In CSO Opp VII, LLC, And (2)
Scheduling An Auction And Hearing On Sale Motion (Motion filed 1/4/18)
Docket 340
- NONE LISTED -
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok
Kyra E Andrassy Roger F Friedman Susan K Seflin
11:00 AM
Hearing RE: Motion For Order Authorizing Use Of Estate Property Not In The Ordinary Course Of Business
(Motion filed 12/15/17)
Docket 127
Tentative for 1/11/18 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Chrestotes, Inc Represented By David A Tilem
11:00 AM
Hearing RE: Motion For Order Disallowing Claim: (Motion filed 11/30/17)
Claim No. 6 Lif, Inc. $154,595.00
Docket 112
Tentative for 1/11/18 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Chrestotes, Inc Represented By David A Tilem
11:00 AM
Hearing RE: Motion For Order Disallowing Claims: (Motion filed 11/30/17)
Claim No. 7 Aaronson & Associates $195,235.00 Claim No. 9 Aaronson & Associates $195,235.00
Docket 114
Tentative for 1/11/18 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Chrestotes, Inc Represented By David A Tilem
11:00 AM
Hearing RE: Motion For Order Disallowing Claim: (Motion filed 11/30/17)
Scheduled Claim 1st Centennial Bank
Docket 116
Tentative for 1/11/17 is to CONTINUE to February 22, 2018, at 11:00 a.m. to allow Debtor to properly serve Scheduled Claimant 1st Centennial Bank (or its acquiring successor) with the Motion and Notice of Objection to Claim. An appropriate proof of service must be filed 14 days in advance.
Appearances are excused.
Debtor(s):
Chrestotes, Inc Represented By David A Tilem
11:00 AM
Hearing RE: Motion For Order Disallowing Claims:
(Motion filed 11/28/17)
Claim No. 2 B&R Cassel Enterprises, Inc. $44,000.00 Claim No. 3 B&R Cassel Enterprises, Inc. $123,200.00
Docket 105
Tentative for 1/11/18 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Chrestotes, Inc Represented By David A Tilem
11:00 AM
Hearing RE: Motion To Approve Compromise Between Debtor And Creditors Rhode And Tenelshof
(Motion filed 11/8/17) (Set per Order Entered 11/30/17)
Docket 75
Tentative for 1/11/18 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Chrestotes, Inc Represented By David A Tilem
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 7/1/17) FR: 8-17-17
Docket 1
Tentative for 1/11/18:
The Court has received and reviewed the Status Report filed on 12/28/18 [Dk. 130]. The Status Conference is CONTINUED to March 8, 2018, at 11:00 a.m.
Appearances are excused.
******************************************************************************** Tentative for 8/17/17:
The Court has received and reviewed the status report and amended Exhibit A to the status report. The Court is inclined to set the following dates:
The bar date for filing of claims is set for October 20, 2017;
Debtor shall serve Notice of Bar Date to all creditors and parties in interest no later than August 21, 2017;
The deadline to file objections to claims shall be November 30, 2017;
The deadline for the Debtor to file avoidance actions shall be November 30, 2017;
A Disclosure Statement and Plan must be filed on or before December 29, 2017;
A Continued Status Conference shall be held on January 11, 2018, at 11:00 a.m.
Appearances required.
11:00 AM
Debtor(s):
Chrestotes, Inc Represented By David A Tilem
11:00 AM
Hearing RE: Motion To Avoid Junior Liens Of Lidia Flores And EKB Financial, Inc., On Real Property Located At 779 Arbolado Drive, Fullerton, California 92835
(Motion filed 11/21/17)
Docket 92
Tentative for 1/11/18 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Chrestotes, Inc Represented By David A Tilem
11:00 AM
Hearing RE: Motion To Avoid Liens Of LVNV Funding, LLC And Franchise Tax Board On Real Property Located At 830 Arbolado Drive, Fullerton, California 92835
(Motion filed 11/20/17)
Docket 88
Tentative for 1/11/18 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Chrestotes, Inc Represented By David A Tilem
11:00 AM
Hearing RE: Motion To Avoid Liens Of LVNV Funding, LLC And Franchise Tax Board On Real Property Located At 820 Mesita Place, Fullerton, California 92835
(Motion filed 11/27/17)
Docket 98
Tentative for 1/11/18 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Chrestotes, Inc Represented By David A Tilem
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 7/11/17)
FR: 8-31-17
[Tele. appr., Kelly M. Raftery, repr., Wells Fargo Bank, N.A.]
[Tele. appr., Kelly M. Raftery, repr., Select Portfolio Servicing, Inc.]
Docket 1
Tentative for 1/11/18:
None listed.
***************************************************************************** Tentative for 8/31/17 is to set the following dates/deadlines:
Deadline to file a plan and disclosure statement: November 1, 2017. The failure to timely file a plan and disclosure statement may result in the conversion or dismissal of the case.
Continued case status conference: January 11, 2018 at 11:00 a.m. A status report is due 14 days in advance.
Debtor(s):
David Vincent Ross Represented By Michael Jones
Joint Debtor(s):
Cheri LeAnn Ross Represented By
11:00 AM
Michael Jones
11:00 AM
CONT'D Motion for relief from stay [Real Property]
Select Portfolio Servicing, Inc., As Servicing Agent For U.S. Bank National Association, As Trustee, Successor In Interest To Bank Of America, National Association As Trustee As Successor By Merger To LaSalle Bank, National Association As Trustee For WAMU Mortgage Pass-Through Certificates Series 2007-HY6 Trust, Its Assignees And/Or Successors And Servicing Agent Select Portfolio Servicing, Inc. vs. DEBTOR
(Motion filed 9/1/17)
[RE: 4047 Lincoln Avenue, Culver City, CA 90232]
FR: 10-5-17
[Tele. appr., Kelly M. Raftery, repr., Wells Fargo Bank, N.A.]
[Tele. appr., Kelly M. Raftery, repr., Select Portfolio Servicing, Inc.]
Docket 33
Tentative for 1/11/18:
This matter was continued from 10/5/17 to 1/11/18 pursuant to the terms of an interim APO approved by an order entered 9/29/17 [Dk. 45]; nothing further has been filed by the parties with respect to this matter.
Appearances required.
Debtor(s):
David Vincent Ross Represented By Michael Jones Sara Tidd
11:00 AM
Joint Debtor(s):
Cheri LeAnn Ross Represented By Michael Jones Sara Tidd
11:00 AM
Hearing RE: Motion For Order Approving Disclosure Statement As Containing Adequate Information Pursuant To Bankruptcy Code Section 1125(a)(1)(b) (D.S. filed 11/17/17)
[Tele. appr., Kelly M. Raftery, repr., Wells Fargo Bank, N.A.]
[Tele. appr., Kelly M. Raftery, repr., Select Portfolio Servicing, Inc.]
Docket 59
- NONE LISTED -
Debtor(s):
David Vincent Ross Represented By Michael Jones Sara Tidd
Joint Debtor(s):
Cheri LeAnn Ross Represented By Michael Jones Sara Tidd
11:00 AM
Hearing RE: CitiMortgage, Inc's Motion To Extend Deadline For Creditor To Make Election Under 11 U.S.C. §1111(b)
(Motion filed 12/21/17)
[Tele. appr., Kelly M. Raftery, repr., Wells Fargo Bank, N.A.]
[Tele. appr., Kelly M. Raftery, repr., Select Portfolio Servicing, Inc.]
Docket 65
- NONE LISTED -
Debtor(s):
David Vincent Ross Represented By Michael Jones Sara Tidd
Joint Debtor(s):
Cheri LeAnn Ross Represented By Michael Jones Sara Tidd
11:00 AM
Motion for relief from stay [Real Property]
ARC Retail 1, LLC vs. DEBTOR (Motion filed 12/21/17)
[RE: 15550-15640 Brookhurst Street, Westminster, CA]
Docket 42
- NONE LISTED -
Debtor(s):
JVS Development, LLC Represented By Todd L Turoci
Trustee(s):
Thomas H Casey (TR) Pro Se
9:30 AM
Hrg. on attorney for chapter 7 trustee's Motion filed 1/19/18 to strike One Point Human Capital Management, LLCs Trial Exhibits and Witness List
EH
Docket 231
Debtor(s):
Angela M. Arents Represented By
James D. Hornbuckle
Trustee(s):
Arturo Cisneros (TR) Represented By Elyza P Eshaghi
Leonard M Shulman Melissa Davis Lowe
9:30 AM
Hrg. on Order to Show Cause re Contempt and Sanctions (Cont. from 10/26/17)
EH
Docket 0
Debtor(s):
Angela M. Arents Represented By
James D. Hornbuckle
Trustee(s):
Arturo Cisneros (TR) Represented By Elyza P Eshaghi
Leonard M Shulman Melissa Davis Lowe
10:00 AM
Tiffany & Bosco - movant attorney Motion for Relief from Stay
Bank of America, N.A. vs. DEBTOR (Motion filed 12/27/17)
Re: N 2001 Wildwood T286; VIN: 4X4TWDB221C035182
EH
(Tele. appr. Megan Lees, rep. creditor, Bank of America)
Docket 17
- NONE LISTED -
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Kimberly Cervantes Represented By
10:00 AM
Trustee(s):
Benjamin A Yrungaray
Steven M Speier (TR) Pro Se
10:00 AM
Aldridge Pite, LLP - movant attorney Motion for Relief from Stay
HSBC Bank USA vs. DEBTORS
(Motion filed 12/21/17)
Re: 34020 Summit View Place, Temecula, California 92592 EH
(Tele appr Gilbert Yabes, rep. movant HSBC Bank USA, National Association)
Docket 22
- NONE LISTED -
Grant pursuant to 11 U.S.C. §362(d)(1), §362(d)(2)and §362(d)(4) with 4001 (a)(3) waiver and extraordinary relief as requested.
"To obtain relief under §362(d)(4), the court must find three elements to be present. First, debtor’s bankruptcy filing must have been part of a scheme. Second, the object of the scheme must be to delay, hinder, or defraud creditors. Third, the scheme must involve either (a) the transfer of some interest in the real property without the secured creditor’s consent or court approval, or (b) multiple bankruptcy filings affecting the property. For the court to grant relief under §362(d)(4), and thus trigger two years of prospective relief as to the subject real property, it must affirmatively find that the three elements above are present." In re First Yorkshire Holdings, Inc., 470 B.R. 864, 870-71 (B.A.P. 9th Cir. 2012). Here, Movant has submitted evidence that the Debtors' filing was part of a scheme to delay or hinder
10:00 AM
Movant and involved multiple filings.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Adrienne Raquel Bramwell Represented By Quintin Shammam
Joint Debtor(s):
Forest William Ballard III Represented By Quintin Shammam
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Santander Consumer USA Inc. vs. DEBTORS (Motion filed 12/28/17)
Re: 2006 DODGE DAKOTA, VIN 1D7HW48K26S708185
EH
(Tele. appr Randall Mroczynski, rep. creditor, Santander)
Docket 11
- NONE LISTED -
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Kenneth Nicolas Meyer Represented By
10:00 AM
Daniel King
Joint Debtor(s):
Zoila Maria Meyer Represented By Daniel King
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
Mark E. Estle - movant attorney Motion for Relief from Stay
Toyota Motor Credit Corporation vs. DEBTOR (Motion filed 12/22/17)
Re: 2014 Toyota Corolla, VIN:5YFBURHEXEP172003
EH
(Tele. appr Mark Estle, rep. movant, Toyota Motor Credit Corporation)
Docket 9
- NONE LISTED -
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
10:00 AM
Debtor(s):
Andrew Mario Salazar Represented By Aaron Lloyd
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
Law Offices of Vincent V. Frounjian, P.C. - movant attorney Motion for Relief from Stay
American Honda Finance Corporation vs. DEBTOR, Arturo Cisneros, chapter 7 trustee
(Motion filed 12/21/17)
Re: 2016 HONDA HR-V, 3CZR U5H3 5GM7 56349
EH
Docket 10
- NONE LISTED -
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Carmen Bonilla Monterroza Amaya Represented By
Edgar P Lombera
10:00 AM
Trustee(s):
Arturo Cisneros (TR) Pro Se
11:00 AM
Hrg. on chapter 7 trustee's Motion filed 12/11/17 to approve compromise of Estates Interest in Product Liability Claims; Approving Certain Fees and Costs
EH
Docket 26
- NONE LISTED -
Tentative for 1/23/18 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Francisco Gil Pro Se
Joint Debtor(s):
Adriana Gil Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
11:00 AM
Hrg. on Trustee's Final Report and Applications for Compensation EH
Docket 70
- NONE LISTED -
Tentative for 1/23/18 is to APPROVE as requested, except that the Court will reduce the final fees of the Trustee's counsel, Reid & Hellyer, by $288.00 for fees attributable to the preparation of its employment application.
The "preparation of an application for employment of a professional is a duty generally performed by a trustee without the assistance of an attorney". See In re Garcia, 335 B.R. 717, 725 (B.A.P. 9th Cir. 2005) (where BAP affirmed the denial of fees related to trustee's counsel's employment application in Chapter 7 case, where counsel was retained to negotiate an equity buy back and sell property of the estate). The Firm has not demonstrated that the employment application was not routine, which remains a trustee duty. Id.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
George Gama Represented By Cynthia L Spalding
11:00 AM
Trustee(s):
Howard B Grobstein (TR) Represented By Douglas A Plazak Scott Talkov
11:00 AM
Hrg. on Trustee's Final Report and Applications for Compensation EH
Docket 67
- NONE LISTED -
Tentative for 1/23/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Linda Jean Lokus Represented By Todd P Pearsall
Trustee(s):
Charles W Daff (TR) Represented By Lynda T Bui
Melissa Davis Lowe
11:00 AM
Hrg. on Trustee's Final Report and Applications for Compensation EH
Docket 23
- NONE LISTED -
Tentative for 1/23/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Kintae Y. Primmer Represented By Steven A Alpert
Trustee(s):
Charles W Daff (TR) Pro Se
11:00 AM
Hrg. on. Order to Show Cause Re: Why Safety Care Transportation, Inc. should not be held in Contempt of this Court's Order Granting the Trustee's Motion for Rule 2004 Examination of Safety Care Transportation, Inc.
(Cont. from 12/19/17)
EH
Docket 0
NONE LISTED -
NONE LISTED -
Debtor(s):
Agavni Sandaldzhyan Pro Se
Trustee(s):
Howard B Grobstein (TR) Represented By Richard A Marshack David Wood Matthew Grimshaw
11:00 AM
Hrg. on chapter 7 trustee's Motion filed 12/19/17 to Sell Property of the Estate Free and Clear of Liens under Section 363(f) Chapter 7 Trustees Motion for Order: (1) Approving the Sale of Real Property of the Estate Free and Clear of Certain Liens Pursuant to Bankruptcy Code §§ 363(b)(1) and (f), Subject to Overbids, Combined With Notice of Bidding Procedures and Request for Approval of the Bidding Procedures Utilized; (2) Approving Payment of Real Estate Commission; (3) Approving Turnover of Real Property of the Estate; and
Granting Related Relief EH
(Tele. appr Rika Kido, rep. trustee Charles Daff)
Docket 44
- NONE LISTED -
Tentative for 1/23/18 is to GRANT. Trustee is to conduct an auction.
Debtor(s):
Kelly Hein Represented By
Eric M Papp
Trustee(s):
Charles W Daff (TR) Represented By Lynda T Bui Rika Kido
11:00 AM
Hrg. on Debtor's Motion filed 12/11/17 for Redemption of 2016 Nissan Sentra Sedan 4 Door Financed Through Capital One Auto Finance
EH
Docket 11
NONE LISTED -
NONE LISTED -
Debtor(s):
Marcus Ixchel Richard Represented By Allan S Williams
Trustee(s):
Arturo Cisneros (TR) Pro Se
1:30 PM
Hrg. on Chapter 11 Status Conference (Cont. from 8/31/17)
(Tele. appr Jolene Tanner, rep. creditor, U.S.A.)
Docket 1
NONE LISTED -
Tentative for 1/23/18:
This matter is continued to February 20, 2018 at 1:30 p.m. to coincide with the hearing on the adequacy of the disclosure statement.
Appearances are excused.
***************************************************************************** Tentative for 8/29/17:
This matter is CONTINUED to August 31, 2017 at 10:00 a.m. No appearances are required at the 8/29/17 hearing.
Debtor(s):
Foster Enterprises, a California Represented By Dean G Rallis Jr
1:30 PM
Hrg. on Chapter 11 Status Conference EH
(Cont. from 8/31/17)
Docket 0
NONE LISTED -
Tentative for 1/23/18:
Please see the tentative for Foster Enterprises, which is applicable to this matter.
************************************************************************** Tentative for 8/31/17:
This case is jointly administered with Foster Enterprises, A California general partnership, Case No. 17-15749 (see, order entered 7/24/17 [Dk. 25]). Please see the tentative for Foster Enterprises, which is applicable to this matter.
Debtor(s):
Howard Dean Foster Represented By Dean G Rallis Jr
Joint Debtor(s):
Anna Mae Foster Represented By Dean G Rallis Jr
1:30 PM
Hrg. on Chapter 11 Status Conference EH
(Cont. from 8/29/17)
Docket 0
NONE LISTED -
NONE LISTED -
Debtor(s):
Shawn Maceo Rife Represented By Michael Jones
Joint Debtor(s):
Shayne Morgan Rife Represented By Michael Jones
1:30 PM
Harbor Law PLLC - movant attorney Motion for Relief from Stay
Marcela Ramirez vs. DEBTOR (Motion filed 11/21/17)
(Cont. from 12/12/17)
Re: ACTION IN NON-BANKRUPTCY FORUM RE: Class Action Pending in State Court
EH
Docket 33
NONE LISTED -
Tentative for 1/23/18 is to GRANT and allow Movant to proceed under applicable non bankruptcy law to enforce its remedies to proceed to final judgment in the nonbankruptcy forum, provided that the stay remains in effect with respect to enforcement of any judgment against the Debtor or property of the Debtor's bankruptcy estate.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
1:30 PM
Debtor(s):
Southern Pacific Janitorial Group, Represented By
Michael Jay Berger
11:30 AM
Hearing RE: Motion Of WJA Express Fund, LLC And WJA Asset Management, LLC, For Order (1) Approving Bid Procedures Pursuant To Local Bankruptcy Rule 6004-1(b) In Connection With Sale Of Partnership Interests In Gothard Express Partners, L.P., (2) Sale Of Partnership Interest In Gothard Express Partners, L.P. Pursuant To 11 U.S.C. Section 363(b) And (f), And (3) Settlement With The Remaining Partners Pursuant To Federal Rule Of Bankruptcy Procedure 9019
(Motion filed 1/4/18)
(Hearing Advanced from 1/25/18) FR: 1-25-18
Docket 338
NONE LISTED -
Tentative for 1/23/18 is to GRANT.
Movant should be prepared to discuss marketing efforts and adequacy of notice.
Movant is to conduct an auction.
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok
Kyra E Andrassy Roger F Friedman
11:30 AM
Susan K Seflin
1:30 PM
Adv#: 6:13-01205 Navarro v. Robertson et al
STATUS CONFERENCE re: Complaint to determine non-dischargeability of debt [11 USC Sec 523(a)(2), (4) and (6)]
(Cont. from 9/13/17) EH
Docket 1
Tentative for 1/24/18:
The Court has received and reviewed the status report filed 1/10/18 [Dk. 45] and will CONTINUE this matter to 5/2/18 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
****************************************************************************** Tentative for 9/13/17:
The Court has received and reviewed the status report filed 8/29/17 [Dk. 43] and will CONTINUE this matter to 1/24/18 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
****************************************************************************** Tentative for 12/14/2016:
1:30 PM
The Court has received and reviewed the status report filed 11/18/2016 [Dk. 40] and will CONTINUE this matter to 9/6/2017 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
**************************************************************************** Tentative for 8/31/2016:
The Court has received and reviewed the status report filed 8/6/2016 [Dk. 38] and will CONTINUE this matter to 12/14/2016 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
**************************************************************************** Tentative for 03/09/16:
The Court has received and reviewed the status report filed 2/24/16 [Dk. 36] and will CONTINUE this matter to August 31, 2016 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
**************************************************************************** Tentative for 11/18/15:
The Court has received and reviewed the status report filed 10/27/15 [Dk. 34] and will CONTINUE this matter to March 9, 2016 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
************************************************************************** Tentative for 8/19/2015:
1:30 PM
The Court has received and reviewed the joint status report filed 8/5/2015 [Dk. 33] and will CONTINUE this matter to 11/18/2015, at 1:30 p.m. A joint status report, detailing the status of the state court proceeding, is due 14 days in advance.
Appearances at the 8/19/2015 status conference are excused.
**************************************************************************** Tentative for 4/1/2015:
The Court has received and reviewed the joint status report filed 3/17/2015 [Dk. 31] and will CONTINUE this matter to 8/19/2015, at 1:30 p.m. A joint status report, detailing the status of the state court proceeding, is due 14 days in advance.
Appearances at the 4/1/2015 status conference are excused.
******************************************************************************* Tentative for 11/19/14:
The Court has received and reviewed the joint status report filed 11/5/14 [Dk. 29] and will CONTINUE this matter to April 1, 2015 at 1:30 p.m. A joint status report, detailing the status of the state court proceeding, is due 14 days in advance.
Appearances are excused.
******************************************************************************* Tentative for 5/7/14:
The Court has received and reviewed the joint status report filed 4/22/14 [Dk. 25]. This matter has been generally stayed pending resolution of the underlying state court proceeding. The Court will CONTINUE the status conference to November 12, 2014 at 1:30 p.m. A joint status report is due 14 days in advance, in which the parties are directed to include specifics about the status of the state court proceeding (i.e., whether judgment has been
1:30 PM
entered, and if not, when trial is scheduled, etc.). Appearances are excused for the 5/7/14 status conference.
**************************************************************************** Tentative for 11/13/13:
The Court is inclined to set the following dates and deadlines:
Discovery cutoff date: February 1, 2014. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff date: March 1, 2014. Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial: April 2, 2014, at 1:30 p.m.
******************************************************************************* Tentative for 8/28/13:
Matter is VACATED. The status conference was CONTINUED by the Court at the 8/7/13 hearing on Defendant's motion to dismiss to 11/13/13 at 1:30 p.m.
Debtor(s):
Linda Sue Robertson Pro Se
Defendant(s):
Linda Sue Robertson Represented By Thomas J Polis
Denny Robertson Represented By Thomas J Polis
Plaintiff(s):
Jorge Navarro Represented By Edgar P Lombera
1:30 PM
Trustee(s):
Todd A. Frealy (TR) Pro Se
1:30 PM
Adv#: 6:17-01237 U.S. Trustee v. Howard et al
Hrg. on U.S. Trustee's Motion filed 11/27/17 To Reassign Related Proceedings EH
Docket 7
Tentative for 1/24/18 is to GRANT:
Reassignment of these proceedings will promote judicial economy and lessen the burden on parties and witnesses. See Arnold v. E. Air Lines, Inc., 681 F.2d 186, 193 (4th Cir. 1982).
Appearances required.
Debtor(s):
Mario E. Najarro Represented By Timothy Reed Jeffrey A Katz
Defendant(s):
Vincent D Howard Represented By Heather A Tovar
Howard Law P.C. Represented By Heather A Tovar
Williamson & Howard LLP Represented By Heather A Tovar
Timothy Allen Reed Represented By Heather A Tovar
1:30 PM
Plaintiff(s):
U.S. Trustee Represented By
Mohammad Tehrani
Trustee(s):
Arturo Cisneros (TR) Pro Se
1:30 PM
Adv#: 6:17-01237 U.S. Trustee v. Howard et al
Hrg. on U.S. Trustee's Motion filed 1/3/19 Of Motion to Consolidate Related Adversary Proceedings. Lead Case 6:17-ap-01237 with 6:17-ap-01240; 6:17-ap- 01242
EH
Docket 16
Tentative for 1/24/18 is to GRANT.
Appearances required.
Debtor(s):
Mario E. Najarro Represented By Timothy Reed Jeffrey A Katz
Defendant(s):
Vincent D Howard Represented By Heather A Tovar
Howard Law P.C. Represented By Heather A Tovar
Williamson & Howard LLP Represented By Heather A Tovar
Timothy Allen Reed Represented By Heather A Tovar
Plaintiff(s):
U.S. Trustee Represented By
1:30 PM
Trustee(s):
Mohammad Tehrani
Arturo Cisneros (TR) Pro Se
1:30 PM
Adv#: 6:17-01237 U.S. Trustee v. Howard et al
Hrg. on Defendants' Motion filed 12/20/17 to Strike Portions of Complaint EH
Docket 9
Tentative for 1/24/18 is to DENY.
Appearances required.
Debtor(s):
Mario E. Najarro Represented By Timothy Reed Jeffrey A Katz
Defendant(s):
Vincent D Howard Represented By Heather A Tovar
Howard Law P.C. Represented By Heather A Tovar
Williamson & Howard LLP Represented By Heather A Tovar
Timothy Allen Reed Represented By Heather A Tovar
Plaintiff(s):
U.S. Trustee Represented By
Mohammad Tehrani
1:30 PM
Trustee(s):
Arturo Cisneros (TR) Pro Se
1:30 PM
Adv#: 6:17-01217 Frazer v. Wood et al
STATUS CONFERENCE re: Complaint for 1) Fraud 2) Alter Ego 3) Fraudulent Transfer 4) Unfair Business Practices 5) Breach of Fiduciary Duties
EH
Docket 1
Tentative for 1/24/18:
The Court has received and reviewed the Status Report filed on 1/10/18 [Dk. 20]. The Status Conference is CONTINUED to 4/4/18 at 1:30 p.m. A status report is due 14 days in advance.
Appearances required.
Debtor(s):
One Virtual Health, Inc. Represented By Paul Y Lee
Defendant(s):
Tracy Wood Pro Se
Melinda Ogg Pro Se
Joni Dimmit Pro Se
Bekka Davis Pro Se
Greg Sledziewski Pro Se
Plaintiff(s):
Helen R. Frazer Represented By
1:30 PM
Trustee(s):
John A Boyd
Helen R. Frazer (TR) Represented By John A Boyd
1:30 PM
Adv#: 6:17-01217 Frazer v. Wood et al
Hrg. on Defendants' Tracy Wood, Bekka Davis and Greg Sledziewski Motion filed 12/18/17 o Dismiss Adversary Complaint for Failure to State a Claim Pursuant to Rule 12(b)
[Joinder to motion, (doc. 22) adding Defendants Melinda Ogg and Joni Dimmitt)
EH
Docket 13
Tentative for 1/24/18 is to GRANT, with leave to amend. Plantiff shall have 20 days to file a first amended complaint.
Although the allegations raised in the Motion and subsequent pleadings regarding the Trustee's counsel's disinterestedness and employment terms are not dispositive to the Court's tentative ruling to grant the Motion, due to the gravity of the allegations, the Court intends to inquire on the record regarding whether the employment order should be reconsidered.
Appearances required. In addition to counsel, Trustee should plan to appear herself, whether via telephone or in person.
Debtor(s):
One Virtual Health, Inc. Represented By Paul Y Lee
Defendant(s):
Tracy Wood Represented By
Donald Reid
1:30 PM
Robert P Goe
Melinda Ogg Represented By
William M Burd
Joni Dimmit Represented By
William M Burd
Bekka Davis Represented By
Donald Reid Robert P Goe
Greg Sledziewski Represented By Donald Reid Robert P Goe
Plaintiff(s):
Helen R. Frazer Represented By John A Boyd
Trustee(s):
Helen R. Frazer (TR) Represented By John A Boyd
1:30 PM
Adv#: 6:17-01219 Frazer v. Wood et al
STATUS CONFERENCE re: Complaint for 1) Fraud 2) Alter Ego 3) Fraudulent Transfer 4) Unfair Business Practices 5) Breach of Fiduciary Duties
EH
Docket 1
Tentative for 1/24/18:
The Court has received and reviewed the Status Report filed on 1/10/18 [Dk. 19]. The Status Conference is CONTINUED to 4/4/18 at 1:30 p.m. A status report is due 14 days in advance.
Appearances required.
Debtor(s):
HOW2CONNECT.COM, INC. Represented By Paul Y Lee
Defendant(s):
Tracy Wood Pro Se
Melinda Ogg Pro Se
Joni Dimmit Pro Se
Bekka Davis Pro Se
Greg Sledziewski Pro Se
Plaintiff(s):
Helen R. Frazer Represented By
1:30 PM
Trustee(s):
John A Boyd
Helen R. Frazer (TR) Represented By John A Boyd
1:30 PM
Adv#: 6:17-01219 Frazer v. Wood et al
Hrg. on Defendants Tracy Wood, Bekka Davis and Greg Sledziewski's' Motion filed 12/18/17 to Dismiss Complaint for failure to state a claim pursuant to Rule 12(b)
[Joinder to motion (doc. 22) filed adding Defendants Melinda Ogg and Joni Dimmitt]
EH
Docket 12
Tentative for 1/24/18 is to GRANT, with leave to amend. Plantiff shall have 20 days to file a first amended complaint.
Although the allegations raised in the Motion and subsequent pleadings regarding the Trustee's counsel's disinterestedness and employment terms are not dispositive to the Court's tentative ruling to grant the Motion, due to the gravity of the allegations, the Court intends to inquire on the record regarding whether the employment order should be reconsidered.
Appearances required. In addition to counsel, Trustee should plan to appear herself, whether via telephone or in person.
Debtor(s):
HOW2CONNECT.COM, INC. Represented By Paul Y Lee
Defendant(s):
Tracy Wood Represented By
Donald Reid
1:30 PM
Robert P Goe
Melinda Ogg Represented By
William M Burd
Joni Dimmit Represented By
William M Burd
Bekka Davis Represented By
Donald Reid Robert P Goe
Greg Sledziewski Represented By Donald Reid Robert P Goe
Plaintiff(s):
Helen R. Frazer Represented By John A Boyd
Trustee(s):
Helen R. Frazer (TR) Represented By John A Boyd
1:30 PM
Adv#: 6:17-01177 Frealy v. Gonzalez
STATUS CONFERENCE re: Complaint by Todd A. Frealy against Julio Gonzalez - §§542, 363(h)
(Cont. from 12/13/17) EH
Docket 1
NONE LISTED -
Debtor(s):
Nelson Gonzalez Represented By
Donald Blake Serafano
Defendant(s):
Julio Gonzalez Pro Se
Plaintiff(s):
Todd A. Frealy Represented By Toan B Chung
Trustee(s):
Todd A. Frealy (TR) Represented By Toan B Chung
1:30 PM
Adv#: 6:17-01177 Frealy v. Gonzalez
Hrg. re Chapter 7 Trustee's Motion filed 10/12/17 for Default Judgment Against Defendant Julio Gonzalez
(Cont. from 12/13/17)
Docket 9
NONE LISTED -
Debtor(s):
Nelson Gonzalez Represented By
Donald Blake Serafano
Defendant(s):
Julio Gonzalez Pro Se
Plaintiff(s):
Todd A. Frealy Represented By Toan B Chung
Trustee(s):
Todd A. Frealy (TR) Represented By Toan B Chung
10:00 AM
Adv#: 8:15-01419 Marshack v. Prudential Financial, Inc.
CONT'D Hearing RE: Defendant Pruco Life Insurance Company's Cross-Motion For Partial Summary Judgment
(Motion filed 5/17/17)
FR: 6-28-17; 8-16-17; 9-13-17; 12-13-17
Docket 48
NONE LISTED -
Debtor(s):
DRI Companies Represented By Todd C. Ringstad
Christopher Minier Brian R Nelson
Defendant(s):
Prudential Financial, Inc. Represented By Jeffrey D Cawdrey Jennifer E Duty
Plaintiff(s):
Richard A. Marshack Represented By Judith E Marshack Chad V Haes
Trustee(s):
Richard A Marshack (TR) Represented By
10:00 AM
D Edward Hays Chad V Haes Kyra E Andrassy Judith E Marshack
Leonard M Shulman Melissa Davis Lowe
10:00 AM
Adv#: 8:17-01159 Marshack v. American Express Bank FSB et al
STATUS CONFERENCE Hearing RE: Complaint For Turnover And Avoidance Of Preferential Transfers And Recovery Of The Value Of Such Transfers (Complaint filed 10/7/17)
Docket 1
Tentative for 1/24/18:
The Court has received and reviewed the unilateral status report filed in 1/14/18 [Dk. 8], which represents that the Trustee has reached a settlement with two of the three defendants and will seek entry of default and default judgment against the third. Accordingly, the status conference is CONTINUED to 4/18/18 at 10:00 a.m.
Appearances are excused.
Debtor(s):
Lilibeth Del Rosario Represented By Mark D Klein
Defendant(s):
American Express Bank FSB Pro Se
JP Morgan Chase Bank Pro Se
Credit First Pro Se
Joint Debtor(s):
Aristotle Perlas Del Rosario Represented By Mark D Klein
10:00 AM
Plaintiff(s):
Richard A Marshack Represented By Anerio V Altman
Trustee(s):
Richard A Marshack (TR) Represented By Anerio V Altman
10:00 AM
Adv#: 8:17-01151 Sorensen v. Bozych
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Object To Discharge Pursuant To 11 U.S.C. Section 727(a)(4);
Determine Dischargeability Of Debt Pursuant To 11 U.S.C. Section 523(a) (2)
(Complaint filed 9/20/17) FR: 12-20-17
Docket 1
Tentative for 1/24/18 is to set a CONTINUED status conference date of April 18, 2018 at 10:00 a.m. A joint status report is due 14 days in advance.
Debtor(s):
Damien Rae Bozych Represented By Richard G Heston
Defendant(s):
Damien Rae Bozych Pro Se
Plaintiff(s):
Kerry L Sorensen Pro Se
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
Adv#: 8:17-01151 Sorensen v. Bozych
CONT'D Hearing RE: Motion To Dismiss Adversary Complaint Pursuant To FRCP Rule 12(b)(6) And Rule 9(b)
(Motion filed 11/6/17) FR: 12-20-17
Docket 6
Tentative for 1/24/18 is to GRANT Defendant's motion to dismiss.
Plaintiff has 20 days to file an amended complaint. In his Opposition filed 1/10/18 [Dk. 14], Plaintiff requests leave to file the amended complaint which is attached to the Opposition. The Court expresses no opinion on the validity of the proposed amended complaint, as that matter is not presently before it; however, Plaintiff is cautioned that fraud claims must be plead with particularity and specifics, which usually require allegations addressing "who, what, where, and when."
Appearances required.
Debtor(s):
Damien Rae Bozych Represented By Richard G Heston
Defendant(s):
Damien Rae Bozych Represented By Richard G Heston
Plaintiff(s):
Kerry L Sorensen Pro Se
10:00 AM
Trustee(s):
Richard A Marshack (TR) Pro Se
11:00 AM
Hearing RE: Trustee's Final Report And Application For Compensation And Reimbursement Of Expenses
(Final Report filed 12/21/17)
[RE: THOMAS H. CASEY - Chapter 7 Trustee] [Fees: $4,377.40; Expenses: $35.05]
[RE: HAHN FIFE & COMPANY - Accountant For Chapter 7 Trustee] [Fees: $4,734.00; Expenses: $283.20]
Docket 43
Tentative for 1/24/18 is to APPROVE as requested, except that the Court will reduce the final fees of the Trustee's accountant, Hahn Fife & Company, by
$192.50 for fees attributable to the preparation of its employment application.
The "preparation of an application for employment of a professional is a duty generally performed by a trustee without the assistance of an attorney". See In re Garcia, 335 B.R. 717, 725 (B.A.P. 9th Cir. 2005) (where BAP affirmed the denial of fees related to trustee's counsel's employment application in Chapter 7 case, where counsel was retained to negotiate an equity buy back and sell property of the estate). The Firm has not demonstrated that the employment application was not routine, which remains a trustee duty. Id.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
11:00 AM
Debtor(s):
Paula Marie Verrengia Pro Se
Trustee(s):
Thomas H Casey (TR) Pro Se
11:00 AM
CONT'D Hearing RE: Objection To Proof Of Claim No: 3-2; Proof Of Claim No: 7; Filed By Attorney Christopher P. Walker
(Motion filed 12/14/17)
Claim No. 3-2 Daniel Keith Larson $205,892.19 Claim No. 7 Daniel Keith Larson $18,330.95
Docket 67
- NONE LISTED -
Debtor(s):
Dana Kim Shelton Represented By Christopher P Walker
Trustee(s):
Richard A Marshack (TR) Represented By
Misty A Perry Isaacson
11:00 AM
Adv#: 8:17-01092 Beitler v. Bral
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Non-
Dischargeability Of Debt Under Bankruptcy Code Section 523 (Complaint filed 6/2/17)
FR: 8-31-17; 11-9-17; 12-7-17
Docket 1
- NONE LISTED -
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
Defendant(s):
John Jean Bral Pro Se
Plaintiff(s):
Barry Beitler Represented By
Krikor J Meshefejian Gary E Klausner
11:00 AM
Adv#: 8:17-01094 Beitler & Associates, Inc. dba Beitler Commercial v. Bral
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Non-
Dischargeability Of Debt Under Bankruptcy Code Section 523 (Complaint filed 6/2/17)
FR: 8-31-17; 11-9-17; 12-7-17
Docket 1
- NONE LISTED -
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
Defendant(s):
John Jean Bral Pro Se
Plaintiff(s):
Beitler & Associates, Inc. dba Represented By
Krikor J Meshefejian Gary E Klausner
11:00 AM
Adv#: 8:17-01095 Steward Financial LLC v. Bral
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Non-
Dischargeability Of Debt Under Bankruptcy Code Section 523 (Complaint filed 6/2/17)
FR: 8-31-17; 11-9-17; 12-7-17
Docket 1
- NONE LISTED -
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
Defendant(s):
John Jean Bral Pro Se
Plaintiff(s):
Steward Financial LLC Represented By
Krikor J Meshefejian Gary E Klausner
11:00 AM
Hearing RE: Motion In Individual Chapter 11 Case For Order Authorizing Debtor In Possession To Employ Professional (Other Than General Bankruptcy Counsel)
(Motion filed 11/13/17) (Set on cal by order entered 12/19/17) (Hearing Advanced from 1/25/18)
FR: 1/25/18
Docket 0
- NONE LISTED -
Debtor(s):
Charles Flowers Harrison Represented By Michael Jones Sara Tidd
Joint Debtor(s):
Martha Isabel Montoya Represented By Michael Jones Sara Tidd
10:00 AM
Motion for relief from stay [Personal Property]
Wollemi Acquisitions, LLC vs. DEBTORS (Motion filed 1/3/18)
[RE: 2013 Hyundai Sonata Sedan 4D GLS I4] [VIN No.: 5NPEB4AC2DH548669]
Docket 56
Debtor(s):
Christopher Maldonado Represented By Rajiv Jain
Joint Debtor(s):
Ria Ann Maldonado Represented By Rajiv Jain
Trustee(s):
Weneta M Kosmala (TR) Represented By Lynda T Bui Rika Kido
10:00 AM
Motion for relief from stay [Real Property]
Deutsche Bank National Trust Company as Trustee In Trust For Registered Holders Of Long Beach Mortgage Loan Trust 2005-WL3, Asset-Backed Certificates, Series 2005-WL3 vs. DEBTOR
(Motion filed 12/28/17)
[RE: 603 S. Carolina Beach Avenue, Unit 1D, Carolina Beach, North Carolina 28428]
Docket 61
Debtor(s):
William Burks Pro Se
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
Motion for relief from stay [Unlawful Detainer]
Sam Soon Lee vs. DEBTOR (Motion filed 12/28/17)
[RE: 4645 Minorca Way, Buena Park, CA 90621]
Docket 19
Debtor(s):
Ralph R. Paglia Represented By Joseph A Weber
Trustee(s):
Thomas H Casey (TR) Pro Se
11:00 AM
Adv#: 8:17-01066 Issa v. Carden et al
CONT'D STATUS CONFERENCE RE: Complaint:
To Avoid Fraudulent Transfers Of Property Under 11 U.S.C. Section 548;
To Recover Avoided Transfers;
For Disallowance Of Claims;
For Recovery Of Unlawful Distributions To Shareholders [11 U.S.C. Sections 502(d), 548, 550, and 551]
(Complaint filed 5/1/17) FR: 8-3-17; 11-9-17
Docket 0
Debtor(s):
American Spectrum Realty Inc., a Represented By
Robert E Opera Peter W Lianides Andrew B Levin
Defendant(s):
William J. Carden Pro Se
Patrick D. Barrett Pro Se
Plaintiff(s):
J. Michael Issa Represented By Robert E Opera
11:00 AM
Hearing RE: Motion In Individual Chapter 11 Case For Order Authorizing Debtor In Possession To Employ Professional (Other Than General Bankruptcy Counsel)
(Motion filed 11/13/17) (Set on cal by order entered 12/19/17)
Docket 0
Debtor(s):
Charles Flowers Harrison Represented By Michael Jones Sara Tidd
Joint Debtor(s):
Martha Isabel Montoya Represented By Michael Jones Sara Tidd
11:00 AM
CONT'D Hearing RE: Motion For Order Approving Debtor's Disclosure Statement Describing Chapter 11 Plan Of Reorganization
(D.S. filed 6/23/17)
FR: 8-17-17; 11-9-17; 12-14-17
Docket 87
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
11:00 AM
CONT'D Hearing RE: Debtor's Objection To Proof Of Claim: (Motion filed 10/13/17)
Claim No. 9 Beitler & Associates, Inc. $To Be Determined dba Beitler Commercial Realty Services
FR: 12-14-17
Docket 151
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
11:00 AM
CONT'D Hearing RE: Debtor's Objection To Proof Of Claim: (Motion filed 10/13/17)
Claim No. 10 Barry Beitler $2,589,725.46 FR: 12-14-17
Docket 142
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
11:00 AM
CONT'D Hearing RE: Debtor's Objection To Proof Of Claim: (Motion filed 10/13/17)
Claim No. 11 Beitler $To Be Determined FR: 12-14-17
Docket 153
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
11:00 AM
CONT'D Hearing RE: Debtor's Objection To Proof Of Claim: (Motion filed 10/13/17)
Claim No. 13-1 Barry Beitler $788,798.91 FR: 12-14-17
Docket 135
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
11:00 AM
Hearing RE: Debtor's Amended Objection To Proof Of Claim: (Motion filed 10/13/17) (Amended Motion filed 10/13/17)
Claim No. 14 Barry Beitler $To Be Determined FR: 12-14-17
Docket 161
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
11:00 AM
CONT'D Hearing RE: Debtor's Objection To Proof Of Claim: (Motion filed 10/13/17)
Claim No. 15-1 Barry Beitler $40,666.33 FR: 12-14-17
Docket 149
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
11:00 AM
CONT'D Hearing RE: Debtor's Objection To Proof Of Claim: (Motion filed 10/13/17)
Claim No. 16 Betsy Boyd $To be Determined FR: 12-14-17
Docket 155
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
11:00 AM
CONT'D Hearing RE: Debtor's Objection To Proof Of Claim: (Motion filed 10/13/17)
Claim No. 17-1 Cannae Financial LLC $394,483.12 FR: 12-14-17
Docket 137
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
11:00 AM
CONT'D Hearing RE: Debtor's Objection To Proof Of Claim: (Motion filed 10/13/17)
Claim No. 18 Cannae Financial LLC $1,421,510.01 FR: 12-14-17
Docket 145
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
11:00 AM
CONT'D Hearing RE: Debtor's Objection To Proof Of Claim: (Motion filed 10/13/17)
Claim No. 19 Steward Financial LLC At Least $1,100,000.00 FR: 12-14-17
Docket 157
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
11:00 AM
CONT'D Hearing RE: Debtor's Objection To Proof Of Claim: (Motion filed 10/13/17)
Claim No. 20 Steward Financial LLC At Least $2,593,638.81 FR: 12-14-17
Docket 159
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
11:00 AM
CONT'D Hearing RE: Debtor's Objection To Proof Of Claim: (Motion filed 10/13/17)
Claim No. 21-1 Barry Beitler $198,065.35 FR: 12-14-17
Docket 139
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
11:00 AM
CONT'D Hearing RE: Debtor's Objection To Proof Of Claim: (Motion filed 10/13/17)
Claim No. 22-1 Samini Scheinberg $467,991.02 FR: 11-16-17, 12-20-17
Docket 131
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
11:00 AM
Adv#: 8:17-01071 Bral v. Beitler
Hearing RE: Motion For Summary Judgment on Debtor's First Amended Complaint Against Barry Beitler for: (1) Avoidance of Preference Pursuant to 11
U.S.C. Section 547; (2) Avoidance of Unperfected Liens Pursuant to 11 U.S.C. Section 544(A); (3) Recovery of Avoided Transfers Pursuant to 11 U.S.C. Section 550; and (4) Disallowance of Claims Pursuant to 11 U.S.C. Section 502 (Motion filed 12/14/17)
Docket 27
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman William N Lobel
Defendant(s):
Barry Beitler Represented By
Krikor J Meshefejian
Plaintiff(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman William N Lobel
11:00 AM
Adv#: 8:17-01092 Beitler v. Bral
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Non-
Dischargeability Of Debt Under Bankruptcy Code Section 523 (Complaint filed 6/2/17) (First Amended Complaint filed 12/1/17)
FR: 8-31-17; 11-9-17; 12-7-17; 1-24-18
Docket 1
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
Defendant(s):
John Jean Bral Pro Se
Plaintiff(s):
Barry Beitler Represented By
Krikor J Meshefejian Gary E Klausner
11:00 AM
Adv#: 8:17-01094 Beitler & Associates, Inc. dba Beitler Commercial v. Bral
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Non-
Dischargeability Of Debt Under Bankruptcy Code Section 523 (Complaint filed 6/2/17) (First Amended Complaint filed 12/1/17)
FR: 8-31-17; 11-9-17; 12-7-17; 1-24-18; 1-25-18
Docket 1
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
Defendant(s):
John Jean Bral Pro Se
Plaintiff(s):
Beitler & Associates, Inc. dba Represented By
Krikor J Meshefejian Gary E Klausner
11:00 AM
Adv#: 8:17-01095 Steward Financial LLC v. Bral
CONT'D STATUS CONFERENCE Hearing RE: First Amended Complaint To Determine Non-Dischargeability Of Debt Under Bankruptcy Code Section 523 (Complaint filed 6/2/17) (First Amended Complaint filed 12/1/17)
FR: 8-31-17; 11-9-17; 12-7-17; 1-24-18
Docket 1
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
Defendant(s):
John Jean Bral Pro Se
Plaintiff(s):
Steward Financial LLC Represented By
Krikor J Meshefejian Gary E Klausner
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 5/18/17)
(Amended S/C Order Entered 6-9-17) FR: 7-13-17; 10-19-17
Docket 0
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok
Kyra E Andrassy
11:00 AM
Hearing RE: Motion Of WJA Express Fund, LLC And WJA Asset Management, LLC, For Order (1) Approving Bid Procedures Pursuant To Local Bankruptcy Rule 6004-1(b) In Connection With Sale Of Partnership Interests In Gothard Express Partners, L.P., (2) Sale Of Partnership Interest In Gothard Express Partners, L.P. Pursuant To 11 U.S.C. Section 363(b) And (f), And (3) Settlement With The Remaining Partners Pursuant To Federal Rule Of Bankruptcy Procedure 9019
(Motion filed 1/4/18)
Docket 338
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok
Kyra E Andrassy Roger F Friedman Susan K Seflin
11:00 AM
Hearing RE: Motion To Determine The Value Of Collateral As To The Real Property Located At 60 E Mahi Pua Place, Lahaina, HI 96761
(Motion filed 12/22/17)
Docket 67
Debtor(s):
David Vincent Ross Represented By Michael Jones Sara Tidd
Joint Debtor(s):
Cheri LeAnn Ross Represented By Michael Jones Sara Tidd
11:00 AM
STATUS CONFERENCE Hearing RE: (1) Case Management Conference And
(2) Requiring Status Report (Petition filed 11/29/17)
Docket 1
Debtor(s):
JVS Development, LLC Represented By Todd L Turoci
9:30 AM
Adv#: 8:16-01049 Citibank, N.A. v. Carlin
TRIAL RE: Plaintiff Citibank, N.A.'s Complaint For Determination Of Nondischargeability Of Debt Pursuant To 11 U.S.C. Section 523(A)(2)(A) (Complaint filed 2/19/16)
(PTC set at S/C held 5/11/16) (Trial set at PTC held 10/4/17)
FR: 5-11-16; 10-19-16; 12-14-16; 4-19-17; 7-12-17; 8-13-17; 10-4-17
Docket 1
Debtor(s):
Johnnie Rae Carlin Represented By Steven A Alpert
Defendant(s):
Johnnie Rae Carlin Represented By David Brian Lally
Plaintiff(s):
Citibank, N.A. Represented By Daniel H Wu
Trustee(s):
Karen S Naylor (TR) Pro Se
10:00 AM
Law Offices of Vincent Frounjian, P.C. - movant attorney Motion for Relief from Stay
Honda Lease Trust vs. DEBTORS, Steven Speier, chapter 7 trustee (Motion filed 1/4/18)
Re: 2016 HONDA CIVIC, VIN: 19XF C2F5 1GE0 61522
EH
Docket 8
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Bizhan Karimi-cherkandi Represented By Dennis Winters
Joint Debtor(s):
Marjan Morshed Represented By Dennis Winters
10:00 AM
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
The Wolf Firm - movant attorney Motion for Relief from Stay
Matrix Financial Service Corporation vs. DEBTORS (Motion filed 1/5/18)
Re: 6090 Fairlane Avenue, Corona, CA 92880 EH
Docket 16
Tentative for 2/06/18 is to DENY:
Service is improper. The movant did not serve the entity scheduled by Debtor (Dovenmuehle Mortgage). LBR 4001-1(c)(1)(C) requires service of a motion for relief from stay on the holder of any lien or encumbrance against the subject property that is known to the movant, scheduled by the debtor, or appears in the public record and any other party entitled to receive notice under FRBP 4001.
Declarant's authority. Declarant Jodi Reisch states she is the "attorney in fact" for Movant; however, no document from Movant is attached demonstrating such authority.
Debtor(s):
Alfred Cano Represented By
Paul Y Lee
10:00 AM
Joint Debtor(s):
Blanca Cano Represented By
Paul Y Lee
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
Law Office of Austin P. Nagel - movant attorney Motion for Relief from Stay
Toyota Motor Credit Corporation vs. DEBTOR (Motion filed 1/11/18)
Re: 2013 Chevrolet Cruze EH
Docket 9
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Sergio Gutierrez Jr Represented By Edgar P Lombera
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Santander Consumer USA Inc. vs. DEBTOR (Motion filed 1/9/18)
Re: 2016 Dodge RAM 1500, VIN: 1C6RR6TT2GS297915
EH
Docket 13
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Carmen Bonilla Monterroza Amaya Represented By
Edgar P Lombera
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
Edward G. Schloss Law Group - movant attorney Motion for Relief from Stay
Wilmington Savings Fund Society, FSB vs. DEBTOR (Motion filed 1/12/18)
Re: 1165 North Durward Street, Banning, CA 92220 EH
Docket 10
Tentative for 2/06/18 is to DENY:
Service is improper. The movant did not serve the entity scheduled by Debtor (FCI Lender Service Inc.). LBR 4001-1(c)(1)(C) requires service of a motion for relief from stay on the holder of any lien or encumbrance against the subject property that is known to the movant, scheduled by the debtor, or appears in the public record and any other party entitled to receive notice under FRBP 4001.
Debtor(s):
Bernard Gabriel Taylor Pro Se
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
William E. Windham - movant attorney Motion for Relief from Stay
Fadia Ibraham vs. DEBTORS (Motion filed 1/21/18)
Re: 39411 Wentworth St., Murrieta, 92563.
EH
Docket 10
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: no court appearance by Movant is required. Should an opposing party file an opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Ethan Robert Lema Pro Se
Joint Debtor(s):
Ann Marie Lema Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Paul V. Reza - movant attorney Motion for Relief from Stay
MAS Financial Services vs. DEBTOR (Motion filed 1/18/18)
Re: 2009 Mercedes Benz Vin WDDGF54X89R069406 EH
Docket 7
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Tasha Dion-Andrea Thomas Represented By Daniel King
Trustee(s):
Lynda T. Bui (TR) Pro Se
11:00 AM
Hrg. on approval of trustee's final report and applications for compensation EH
Docket 0
Tenative for 2/06/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee is to lodge an order within seven (7) days.
Debtor(s):
JBS Heating & Air Inc Represented By Jeffrey N Wishman
Trustee(s):
Helen R. Frazer (TR) Pro Se
11:00 AM
Hrg. on Motion filed 12/6/17 Objecting to Claims of (1) Discover Bank, Claim Number 2; (2) Cavalry SPV I, LLC, Claim Number 3; (3) American Express Bank, FSB, Claim Number 4; and (4) Capital One, N.A., Claim Number 5
(Cont. from 1/9/18)
Wthdrawal of clam #2 filed by creditor Discover Bank on 12/14/17 Withdrawal of claim #5 filed by creditor Capital One filed on 12/21/17 Withdrawal of claim #4 filed by creditor American Express Bank, FSB filed on 12/22/17
EH
Docket 0
- NONE LISTED -
Debtor(s):
Danielle Nicole Martin Represented By Kevin M Cortright
Joint Debtor(s):
Sean Richard Martin Represented By Kevin M Cortright
Trustee(s):
Karl T Anderson (TR) Pro Se
11:00 AM
Hrg. on Motion filed 1/10/18 Objecting to Claim of Cavalry SPV I, LLC, Claim Number 3
EH
Docket 30
Tentative for 2/06/18 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Danielle Nicole Martin Represented By Kevin M Cortright
Joint Debtor(s):
Sean Richard Martin Represented By Kevin M Cortright
Trustee(s):
Karl T Anderson (TR) Pro Se
1:30 PM
Hrg. on Chapter 11 Status Conference (Cont. from 1/9/18)
EH
Docket 0
Tentative for 2/06/18:
This matter is CONTINUED to 3/7/18 at 10:00 a.m. to coincide with the hearing on the amended disclosure statement.
Appearances are excused.
****************************************************************************** Tentative for 12/12/17:
None listed.
****************************************************************************** Tentative for 10/03/17:
This matter is CONTINUED to November 14, 2017 at 1:30 p.m. A status report is due 14 days in advance.
Appearances for the 10/03/17 hearing are excused.
*************************************************************************** Tentative for 5/9/17:
1:30 PM
On 3/21/17, as Dk. No. 3, the Court entered an Order (1) Setting Scheduling Hearing and Case Management Conference and (2) Requiring Status Report ("Order"). The Order scheduled the status hearing for 5/9/17, and, among other things, required the Debtor to serve a copy of the Order on the 20 largest creditors within 48 hours and file a status report 14 days prior to the hearing.
As of the posting of this tentative, it does not appear that any proof of service regarding the Order was filed.
Moreover, while a Status Report was tardily filed on May 2, 2017 [Dk. 36], it fails to fully comply with the Order. Most notably, it does not include the required line-item budget covering the first 60 days of the bankruptcy.
Counsel should be prepared to discuss why this case should not be dismissed for failure to comply with this Court's Order.
Appearances are required.
Debtor(s):
Village News, Inc. Represented By
Robert B Rosenstein
1:30 PM
Hrg. on Debtor's Motion filed 9/8/17 for approval of chapter 11 disclosure statement
(Cont. from 1/9/18) EH
Docket 66
Tentative for 2/6/18:
The motion to approve disclosure statement filed on 9/8/17 [Dk. 66], is DENIED based on the concerns raised by the Office of the United States Trustee.
Debtor filed an amended plan and disclosure statement [Dk. 112] six (6) days prior to the scheduled hearing on the previous disclosure statement.
Permission for the tardy filing, as required by the Local Bankruptcy Rules, was neither sought nor granted. To preserve notice and due process concerns, the Court will CONTINUE this hearing to 3/7/18 at 10:00 a.m. to allow sufficient time for the UST and any interested parties to review and file any appropriate objections to the Amended Disclosure Statement and Plan. Any oppositions and replies are to be filed in accordance with 9013-1.
Debtor is to lodge an appropriate order reflecting the foregoing within seven
(7) days. Debtor is to provide notice of the continued hearing date and opposition deadline, and file an appropriate proof of service, by no later than 2/9/18.
Appearances are excused.
1:30 PM
Debtor(s):
Village News, Inc. Represented By
Robert B Rosenstein
1:30 PM
Hrg. on Debtors' Motion filed 12/7/17 for Order Authorizing Use of Cash Collateral of and Granting Replacement Liens to Allstar Financial Services, Inc.,
(B) Beverly Gross, and (C) New Lakeview Farms, LLC, and (2) Approving Stipulation for Adequate Protection and Use of Cash Collateral with the United States
(Cont. from 1/9/18) EH
Docket 181
Tentative for 2/6/18:
The relief requested in this Motion was approved on an interim basis by a stipulation among the Debtors, the IRS, and Allstar Financial Services. See Dk. Nos. 199, 200. As of the posting of this tentative, nothing further has been filed to indicate whether any party objects to the relief requested on a final basis.
Appearances required.
Debtor(s):
Foster Enterprises, a California Represented By Dean G Rallis Jr Matthew D Pham Gregory K Jones
1:30 PM
Hrg. on Anglin, Flewelling, Rasmussen, Campbell & Trytten LLP's (Counsel for Howard & Anna Foster) First Interim Application filed 1/16/18 for Allowance and Payment of Fees and Reimbursement of Expenses, Period: 7/10/2017 to 12/31/2017, Fees: $156,159.00, Expenses: $2,623.43
EH
Docket 212
Tentative for 2/06/18:
The Court is inclined to APPROVE the fees and costs, as requested, on an interim basis, provided that Applicant appears and advises the Court as to exactly how much cash on hand Debtors possess, the additional accrued administrative expenses, if any, and, how much Applicant has in its client trust account, which should include any amounts received by Applicant from Debtors post-petition.
The Court is inclined to authorize payment in an amount up to the amount budgeted, provided Applicant can demonstrate that the Estate can support the payment.
Appearances required.
Debtor(s):
Foster Enterprises, a California Represented By Dean G Rallis Jr Matthew D Pham Gregory K Jones
1:30 PM
Hrg. on First Interim Fee Application filed 1/16/18 of Dykema Gossett LLP (Counsel for Foster Enterprises) for Compensation for Services Rendered and Reimbursement of Expenses Incurred (September 25, 2017 through January 9, 2018), Fee: $73,729.00, Expenses: $1,895.32
EH
Docket 210
Tentative for 2/06/18:
The Court is inclined to APPROVE the fees and costs, as requested, on an interim basis, provided that Applicant appears and advises the Court as to exactly how much cash on hand Debtors possess, the additional accrued administrative expenses, if any, and, how much Applicant has in its client trust account, which should include any amounts received by Applicant from Debtors post-petition.
The Court is inclined to authorize payment in an amount up to the amount budgeted, provided Applicant can demonstrate that the Estate can support the payment.
Appearances required.
Debtor(s):
Foster Enterprises, a California Represented By Dean G Rallis Jr Matthew D Pham Gregory K Jones
1:30 PM
Hearing On Order To Show Cause Why Timothy Reed, Nancy Jin, The Howard Law Firm, And Vincent Howard Should Not Be Sanctioned $2,000.00 Jointly And Severally And Ordered To Disgorge Fees
(Cont. from 12/19/17) EH
Docket 207
- NONE LISTED -
Debtor(s):
Mario E. Najarro Represented By Timothy Reed Jeffrey A Katz
Movant(s):
United States Trustee (RS) Represented By Mohammad Tehrani
Trustee(s):
Arturo Cisneros (TR) Pro Se
1:30 PM
Adv#: 6:17-01237 U.S. Trustee v. Howard et al
STATUS CONFERENCE re: Complaint by U.S. Trustee against Vincent D. Howard, Howard Law P.C., Williamson & Howard LLP, Timothy Allen Reed. Complaint For Disgorgement Of Fees, Civil Penalties, And/Or Injunctive And Other Relief (Recovery of money/property, Injunctive relief, Declaratory judgment, Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))
EH
Docket 1
- NONE LISTED -
Debtor(s):
Mario E. Najarro Represented By Timothy Reed Jeffrey A Katz
Defendant(s):
Vincent D Howard Pro Se
Howard Law P.C. Pro Se
Williamson & Howard LLP Pro Se
Timothy Allen Reed Pro Se
Plaintiff(s):
U.S. Trustee Pro Se
Trustee(s):
Arturo Cisneros (TR) Pro Se
1:30 PM
1:30 PM
Adv#: 6:17-01116 Cisneros v. Tran
STATUS CONFERENCE re: Complaint by Arturo Cisneros against Kim Tran. EH
(Cont. from 1/10/18)
Docket 1
Tentative for 2/7/18 is to set the following dates/deadlines:
Discovery cutoff: May 30, 2018. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: July 18, 2018. Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial conference: August 22, 2018 at 1:30 p.m.
The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may result in the imposition of sanctions, including the striking of the answer and dismissal of the complaint.
Plaintiff is to lodge a scheduling order within 7 days.
*********************************************************************************** Tentative for 1/10/18:
The Court has received and reviewed the Joint Status Report filed 12/27/17 [Dk. 22]. This matter is CONTINUED to February 7, 2018 at 1:30 p.m. A joint status report is due 14 days in advance. The joint status report should advise the Court of the outcome of the mediation scheduled for January 9, 2018, and if appropriate, propose deadlines regarding discovery, pretrial motions, and a
1:30 PM
pretrial conference. Appearances excused.
************************************************************************************ Tentative for 8/30/17 is to CONTINUE this matter to November 15, 2017 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
Kim Han Do Represented By
Keith Q Nguyen
Defendant(s):
Kim Tran Pro Se
Plaintiff(s):
Arturo Cisneros Represented By Thomas H Casey
Trustee(s):
Arturo Cisneros (TR) Represented By Thomas H Casey Kathleen J McCarthy
1:30 PM
Adv#: 6:17-01112 Garcia v. Garcia, Sr. et al
PRE-TRIAL CONFERENCE re: Complaint by Hope Garcia against Mario Antonio Garcia Sr., Veronica Bolanos Garcia 523(a)(2), (a)(4)
EH
Docket 1
Tentative for 2/7/18:
LBR 7016-1(b) requires that a pretrial stipulation be prepared and filed or lodged no later than 14 days before the first status conference hearing. As of the posting of this tentative, no joint or unilateral pretrial stipulation has been filed in this case.
The Court is inclined to dismiss this case for failure to prosecute. Appearances required.
*************************************************************************************** Tentative for 8/30/17:
LBR 7016-1 requires that a joint status report be completed and filed no later than 14 days before the first status conference hearing. As of the posting of this tentative, no joint or unilateral status report has been filed in this case.
The Parties should be prepared to discuss why the case should not be dismissed for failure to prosecute and the Court should not sanction each party $100 for failure to comply with local rules.
Appearances required.
1:30 PM
Debtor(s):
Mario Antonio Garcia Sr. Represented By Marcus Gomez
Defendant(s):
Mario Antonio Garcia Sr. Pro Se
Veronica Bolanos Garcia Pro Se
Joint Debtor(s):
Veronica Bolanos Garcia Represented By Marcus Gomez
Plaintiff(s):
Hope Garcia Represented By
Blair J Berkley
Trustee(s):
Charles W Daff (TR) Pro Se
1:30 PM
Adv#: 6:17-01183 Adair v. Vargas, Jr. et al
STATUS CONFERENCE re: Complaint by Robert Adair, Marco Antonio Vargas Jr. against Marco Antonio Vargas Jr. -523(a)(2), 523(a)(6)
(Cont. from 11/15/17) EH
Docket 1
Tentative for 2/07/18:
The Court has received and reviewed the status report filed on 1/31/17 [Dk. 26]. This matter is CONTINUED May 16, 2018 at 1:30 p.m. to allow Plaintiff to obtain entry of default and file a motion for default judgment. Any motion for default judgment must be supported by appropriate evidence.
A status report is due 14 days in advance. Appearances are excused.
**************************************************************************** Tentative for 11/15/17:
The Court has not received a status report for this matter and is inclined to sanction counsel $150.00.
The Court is also inclined to CONTINUE this matter to February 7, 2018 at 1:30 p.m. A status report is due 14 days in advance. Plaintiff is to file the motion for default judgment by no later than January 10, 2018 and set it for hearing on February 7, 2018 at 1:30 p.m. The motion for default judgment must be supported by appropriate evidence.
1:30 PM
The failure to meet these deadlines may result in the imposition of monetary or non-monetary sanctions.
Appearances are required.
Plaintiff is to lodge an order within seven (7) days.
Debtor(s):
Marco Antonio Vargas Jr. Represented By Mike Sethi
Defendant(s):
Marco Antonio Vargas Jr. Pro Se
Mike Sethi Pro Se
Plaintiff(s):
Robert Adair Represented By
Tyler H Brown
Trustee(s):
Arturo Cisneros (TR) Pro Se
1:30 PM
Adv#: 6:17-01211 U.S. Trustee v. Garcia
STATUS CONFERENCE re: Complaint by US Trustee to Deny Debtors Discharge Or, Alternatively, Dismiss Bankruptcy Case with Prejudice
(Cont.f rom 1/10/18) EH
Docket 1
Tentative for 2/07/18:
None listed.
***************************************************************************** Tentative for 1/10/18 is to CONTINUE the status conference to February 7, 2018, at 1:30 p.m. to coincide with the hearing on the Plaintiff's Motion for Default Judgment [Dk. 12]. A status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
Alejandro Garcia Represented By Manfred Schroer
Defendant(s):
Alejandro Garcia Pro Se
Plaintiff(s):
U.S. Trustee Represented By
Mohammad Tehrani
1:30 PM
Trustee(s):
Robert Whitmore (TR) Pro Se
1:30 PM
Adv#: 6:17-01211 U.S. Trustee v. Garcia
Hrg. on Motion filed 11/29/17 For Default Judgment EH
Docket 12
Tentative for 2/07/18:
The Court is inclined to GRANT the motion, provided, however, that Plaintiff submits additional evidence regarding Debtor's testimony at the meeting of creditors. Plaintiff may, at Plaintiff's election, (1) submit an appropriate supplemental declaration by no later than noon on Tuesday, February 6, 2018; or (2) have an appropriate witness appear at the hearing to provide live sworn testimony.
The entry of default against a defendant does not automatically entitle a plaintiff to judgment. See Valley Oak Credit Union v. Villegas (In re Villegas), 132 B.R. 742, 746 (9th Cir. BAP 1991). Rule 55(b)(2) requires a plaintiff to apply to the court for a default judgment. The court has broad discretion under Rule 55(b)(2) to "conduct such hearings . . . as it deems necessary and proper" in order to "establish the truth of any averment by evidence. "
Under this rule, the court may require a plaintiff to demonstrate a prima facie case by competent evidence in a prove-up trial to obtain a default judgment. See Villegas, 132 B.R. at 746; TeleVideo Systems Inc. v. Heidenthal, 826 F.2d 915, 917 (9th Cir. 1987).
Here, given the severity of the remedy sought - denial of Debtor's discharge - the Court will not merely accept the allegations of the complaint as true, but requires actual evidence.
Appearances required.
1:30 PM
Debtor(s):
Alejandro Garcia Represented By Manfred Schroer
Defendant(s):
Alejandro Garcia Pro Se
Plaintiff(s):
U.S. Trustee Represented By
Mohammad Tehrani
Trustee(s):
Robert Whitmore (TR) Pro Se
1:30 PM
Adv#: 6:17-01228 OneSource Distributors, LLC v. Love, Jr.
STATUS CONFERENCE re: Complaint by OneSource Distributors, LLC against James Hill Love Jr. - 523(a)(2), 523(a)(4), 523(a)(6)
EH
Docket 1
Tentative for 2/07/18 is to set the following dates/deadlines:
Discovery cutoff: May 31, 2018. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: June 29, 2018. Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial: August 1, 2018 at 1:30 p.m.
The parties are specifically advised to cooperate and precisely follow all applicable local and federal rules. The failure to do so may result in the imposition of monetary and/or non-monetary sanctions, including the dismissal of the action or striking of the answer.
Plaintiff is to lodge a scheduling order within 7 days.
Debtor(s):
James Hill Love Jr. Represented By Sundee M Teeple
Defendant(s):
James Hill Love Jr. Pro Se
1:30 PM
Joint Debtor(s):
Holli Lynn Love Represented By Sundee M Teeple
Plaintiff(s):
OneSource Distributors, LLC Represented By
Pamela J Scholefield
Trustee(s):
Karl T Anderson (TR) Pro Se
1:30 PM
Adv#: 6:17-01229 FIRST AMERICAN TITLE INSURANCE COMPANY, a Nebraska v.
STATUS CONFERENCE re: Complaint by First American Title Insurance Company, a Nebraska corporation to determine dischargeabiltiy of debt against Mazen Fazah, Amany Saleh - 523(a)(2)
EH
Docket 1
Tentative for 2/07/18 is to set the following dates/deadlines:
Discovery cutoff: May 31, 2018. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: June 29, 2018. Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial: August 1, 2018 at 1:30 p.m.
The parties are specifically advised to cooperate and precisely follow all applicable local and federal rules. The failure to do so may result in the imposition of monetary and/or non-monetary sanctions, including the dismissal of the action or striking of the answer.
Plaintiff is to lodge a scheduling order within 7 days.
Debtor(s):
Mazen Fazah Represented By
Stuart G Steingraber
1:30 PM
Defendant(s):
Mazen Fazah Pro Se
Amany Saleh Pro Se
Joint Debtor(s):
Amany Saleh Represented By
Stuart G Steingraber
Plaintiff(s):
FIRST AMERICAN TITLE Represented By Jean C Wilcox
Trustee(s):
Karl T Anderson (TR) Pro Se
1:30 PM
Adv#: 6:17-01244 Navy Federal Credit Union v. Labardee
Hrg. on Status Conference re: Complaint by Navy Federal Credit Union against Ronald Joseph Labardee. false pretenses, false representation, actual fraud))
EH
Docket 1
- NONE LISTED -
Debtor(s):
Ronald Joseph Labardee Represented By Alexander Pham
Defendant(s):
Ronald Joseph Labardee Pro Se
Joint Debtor(s):
Kristy Kay Labardee Represented By Alexander Pham
Plaintiff(s):
Navy Federal Credit Union Represented By Robert S Lampl
Trustee(s):
Larry D Simons (TR) Pro Se
1:30 PM
Adv#: 6:17-01232 Cheeks v. Wells Fargo Bank NA
Hrg. on STATUS CONFERENCE re: Complaint by Marcus Cheeks against Wells Fargo Bank NA . (Fee Not Required). Nature of Suit: (11 (Recovery of money/property - 542 turnover of property)) ,(14 (Recovery of money/property - other)) ,(51 (Revocation of confirmation)) ,(62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud))
EH
Docket 1
- NONE LISTED -
Debtor(s):
Marcus Cheeks Pro Se
Defendant(s):
Wells Fargo Bank NA Pro Se
Plaintiff(s):
Marcus Cheeks Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
11:00 AM
Adv#: 8:17-01083 Marshack (TR) v. CNA Claimplus, Inc. et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Turnover Of Property Of The Estate [11 U.S.C. Section 542];
Declaratory Relief As To The Extent And Validity Of Lien [11 U.S.C. 363(p) (2)]
Damages For Willful Violation Of The Automatic Stay [11 U.S.C. 362(k)(1);
And
Injunctive Relief (Complaint filed 5/26/17)
FR: 8-16-17; 11-8-17; 12-13-17
Docket 1
- NONE LISTED -
Debtor(s):
DRI Companies Represented By Todd C. Ringstad
Christopher Minier Brian R Nelson
Defendant(s):
Continental Casualty Company Pro Se
American Casualty Company of Pro Se
CNA Claimplus, Inc. Pro Se
11:00 AM
Plaintiff(s):
Richard A. Marshack (TR) Represented By
D Edward Hays Chad V Haes
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays Chad V Haes Kyra E Andrassy Judith E Marshack
Leonard M Shulman Melissa Davis Lowe
11:00 AM
Hearing RE: Motion To Reopen Chapter 7 Case Bankruptcy Case (Motion filed 1/16/18)
Docket 531
- NONE LISTED -
Debtor(s):
Hyo Dong Kim Represented By Carmela Pagay Monica Y Kim
Trustee(s):
Robbin L Itkin (TR) Represented By
Autumn D Spaeth ESQ Kyra E Andrassy
Kelly K Frazier Alexandra S Kelly
10:00 AM
CONT'D Motion for relief from stay [Personal Property]
Wollemi Acquisitions, LLC vs. DEBTORS (Motion filed 1/3/18)
[RE: 2013 Hyundai Sonata Sedan 4D GLS I4] [VIN No.: 5NPEB4AC2DH548669]
FR: 1-25-18
Docket 56
Tentative for 2/08/18 is to DENY:
Movant has not established standing. Movant is Wollemi Acquisitions, LLC; the security agreement and Certificate of Title attached as Exhibits 1 and 2 to the motion, however, indicate that the secured party is Santander Consumer USA.
Service is improper. The Movant did not serve Santander Consumer USA, which is the entity scheduled by Debtors. LBR 4001-1(c)(1)(C) requires service of a motion for relief from stay on the holder of a lien or encumbrance against the subject property that is known to the movant, scheduled by the debtor, or appears in the public record and any other party entitled to receive notice under FRBP 4001.
Debtor(s):
Christopher Maldonado Represented By Rajiv Jain
Joint Debtor(s):
Ria Ann Maldonado Represented By
10:00 AM
Trustee(s):
Rajiv Jain
Weneta M Kosmala (TR) Represented By Lynda T Bui Rika Kido
10:00 AM
CONT'D Motion for relief from stay [Real Property]
Deutsche Bank National Trust Company as Trustee In Trust For Registered Holders Of Long Beach Mortgage Loan Trust 2005-WL3, Asset-Backed Certificates, Series 2005-WL3 vs. DEBTOR
(Motion filed 12/28/17)
[RE: 603 S. Carolina Beach Avenue, Unit 1D, Carolina Beach, North Carolina 28428]
FR: 1-25-18
[Tele. appr., Megan E. Lees, repr., Deutsche Bank National Trust Company, As Trustee]
Docket 61
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days
Debtor(s):
William Burks Pro Se
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
10:00 AM
CONT'D Motion for relief from stay [Unlawful Detainer]
Sam Soon Lee vs. DEBTOR (Motion filed 12/28/17)
[RE: 4645 Minorca Way, Buena Park, CA 90621]
FR: 1-25-18
Docket 19
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Ralph R. Paglia Represented By Joseph A Weber
Trustee(s):
Thomas H Casey (TR) Pro Se
10:00 AM
Motion for relief from stay [Personal Property]
Santander Consumer USA Inc. vs. DEBTOR (Motion filed 1/8/18)
[RE: 2008 BMW 3 SERIES - VIN No.: WBAVC53518FZ84928]
[Tele. appr., Randall Mroczynski, repr., Santander]
Docket 10
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Arianodokht Land Represented By Brian J Soo-Hoo
Trustee(s):
Weneta M Kosmala (TR) Pro Se
11:00 AM
Motion for relief from stay [Real Property]
Citimortgage, Inc. vs. DEBTORS (Motion filed 1/11/18)
[RE: 60 E Mahi Pua Place, Lahaina, Hawaii 96761] [Tele. appr., Todd S. Garan, repr., CitiMortgage, Inc.]
Docket 78
Tentative for 2/8/18 is to GRANT for the reasons set forth in Movant’s reply, filed 1/29/18 [Dk. 92]. Movant has met its initial burden under § 362(d)(1) and (d)(2), and Debtors have failed to carry their burden in opposition.
In particular, in their opposition, Debtors have failed to provide adequate evidence to establish that:
The Property is necessary to reorganization. Although Debtors assert that they intend to propose a plan that will "fund completion of the construction of the Property, obtain a certificate of occupancy for the Property, and then market and liquidate the Property as to substantially fund their Chapter 11 Plan," they have not provided any detail as to what is required to complete these steps, how much it will cost the Estate to do so, how they arrived at the proposed sale price of $4 million, or whether ultimately the Property will be a net gain to the Estate.
Reorganization within a reasonable time is probable. See In re Sun Valley Newspapers, Inc., 171 B.R. 71, 75 (B.A.P. 9th Cir. 1994).
Appearances required.
11:00 AM
Debtor(s):
David Vincent Ross Represented By Michael Jones Sara Tidd
Joint Debtor(s):
Cheri LeAnn Ross Represented By Michael Jones Sara Tidd
11:00 AM
CONT'D Motion for relief from stay [Real Property]
ARC Retail 1, LLC vs. DEBTOR (Motion filed 12/21/17)
[RE: 15550-15640 Brookhurst Street, Westminster, CA]
FR: 1-11-18
[Tele. appr., Elizabeth M. Mackinnon, Katelyne Nguyen] [Tele. appr., Reed S. Waddell, repr., Ryan C. Baker]
Docket 42
Tentative for 2/8/18 is to GRANT, except as follows:
Movant has not provided sufficient explanation for why the in rem relief requested (i.e. that the order is binding and effective (1) in any bankruptcy case commenced by or against any debtor who claims any interest in the Property for a period of 180 days from the hearing of this Motion; and (2) in any future bankruptcy cases, no matter who the debtor may be), is merited or necessary. Accordingly, these requests are denied.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
11:00 AM
Debtor(s):
JVS Development, LLC Represented By Todd L Turoci
Trustee(s):
Thomas H Casey (TR) Pro Se
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 11/29/17)
FR: 1-25-18
[Tele. appr., Elizabeth M. Mackinnon, Katelyne Nguyen] [Tele. appr., Reed S. Waddell, repr., Ryan C. Baker]
Docket 1
Tentative for 2/8/18:
The Court has received and reviewed the status report filed on 1/25/18 [Dk. 74]. In light of the Chapter 11 Trustee's representation that he intends to file a Motion to Convert the case to one under Chapter 7, the Court will inquire about why the case should not be converted immediately, and in particular would like to hear from the UST on this issue.
Appearances required.
Debtor(s):
JVS Development, LLC Represented By Todd L Turoci
11:00 AM
Motion for Relief from Stay [Action in Non-Bankruptcy Forum] John Jean Bral [Movant/Debtor]
[RE: Case Name: Beitler v. Bral] [Docket No.: B279951]
[Pending In: Court of Appeal for the State of California, Second Appellate District]
Docket 275
Tentative for 2/08/18 is to GRANT.
The Court notes the Response filed 1/25/18 [Dk. 292], in which the Beitler Parties state: "the Beitler Parties are not opposing relief from stay to permit appeal of the State Court Judgment to be heard and decided by the California Court of Appeals and for the Court of Appeals to resolve any other issues pertinent to the appeal, such as the imposition of costs and fees."
Accordingly, no court appearance is required. Movant to lodge an order within seven (7) days.
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman William N Lobel
11:00 AM
11:00 AM
CONT'D Hearing RE: Debtor's Objection to Proof of Claim: (Motion filed 10/13/17)
Claim No. 22-1 Samini Scheinberg $467,991.02 FR: 11-16-17, 12-20-17; 1-25-18
Docket 131
Tentative for 2/08/18 is to allow Claim 22-1 as an untimely filed general unsecured claim, with distribution to be allowed only as provided in 11 U.S.C.
§ 726(a)(3).The Claim was filed after the bar date, and Claimant did not move to extend the bar date and has not presented evidence of excusable neglect or any other justification to support allowing the Claim as timely.
However, the Court requires additional evidence to determine in what amount the late-filed Claim should be allowed. To that end, the Court is inclined to continue the hearing and/ or set an evidentiary hearing to (1) allow Debtor to obtain and review the unredacted billing statements; (2) allow for determination of the potential malpractice claims; and (3) determine whether and to what extent the claim should be off set based on the potential malpractice claims.
Appearances required.
***************************************************************************** Tentative for 11/16/17 is to CONTINUE to December 20, 2017 at 11:00 a.m. to allow the Debtor to effectuate service on the Claimant pursuant to FRBP 7004, as required by this Court and as set forth on this Court's website in connection with service of claim objections.
Appearances for the 11/16/17 hearing are excused.
11:00 AM
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
11:00 AM
CONT'D Hearing RE: Motion in Individual Chapter 11 Case for Order Authorizing Debtor in Possession to Employ Professional (Other Than General Bankruptcy Counsel)
(Motion filed 11/13/17) (Set on cal by order entered 12/19/17) (Hearing Advanced from 1/25/18)
FR: 1/25/18; 1-18-18
Docket 0
Tentative for 2/08/18:
Appearances by the Applicant and Debtors' counsel required.
Debtor(s):
Charles Flowers Harrison Represented By Michael Jones Sara Tidd
Joint Debtor(s):
Martha Isabel Montoya Represented By Michael Jones Sara Tidd
11:00 AM
Hearing RE: Motion of WJA Real Estate Opportunity Fund II, LLC for Order Approving Sale of Membership Interest in CSO OPP VII, LLC, Pursuant to 11
U.S.C. Section 363(b) and (f) and Relieving Kingdom Trust Company of Its Obligations as Custodian of the Membership Interest
(Motion filed 1/11/18)
Docket 352
Tentative for 2/08/18 is to GRANT. Debtor is to conduct an auction.
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok
Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner
9:30 AM
Adv#: 6:16-01191 Onepoint Human Capital Management LLC v. Arents
TRIAL re: Complaint by Onepoint Human Capital Management LLC against Angela M. Arents 523(a)(2), 523(a)(4), 523(a)(6)
(Cont. from 10/23/17) EH
Docket 1
Debtor(s):
Angela M. Arents Represented By
James D. Hornbuckle
Defendant(s):
Angela M. Arents Represented By
James D. Hornbuckle
Plaintiff(s):
Onepoint Human Capital Represented By Walter W Whelan
Trustee(s):
Arturo Cisneros (TR) Represented By Elyza P Eshaghi
Leonard M Shulman
10:00 AM
Keith E. Herron and Associates - movant attorney Motion for Relief from Stay
Balboa Thrift & Loan vs. DEBTOR (Motion filed 1/30/18)
Re: 2015 Nissan Versa Note SV Hatchback 4D EH
Docket 11
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Patricia N Olson Represented By Joseph A Weber
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
Law Office of Bret D. Allen - movant attorney Motion for Relief from Stay
BMW Bank of North America vs. DEBTOR (Motion filed 1/29/18)
Re: 2014 BMW 3 Series Sedan 4D 320i EH
Docket 21
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Diane R. Gonzalez Represented By Stephen K Moran
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
Barry Lee O'Connor APLC - movant attorney Motion for Relief from Stay
Helen K. Ginoza vs. DEBTOR (Motion filed 2/2/18)
Re: 24969 Manzanita Ave, Moreno Valley, CA 92557 EH
Docket 9
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver.
No court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Sandra Lovelace-Carr Represented By
James D. Hornbuckle
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
H.G. Long & Associates - movant attorney Motion for Relief from Stay
Equity Trust Company Custodian vs. DEBTOR (Motion filed 2/3/18)
Re: 31842 Delfina Way, Winchester, CA EH
Docket 8
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver.
No court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Tammy Lowe Martino Pro Se
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Robert F. Fuller - movant pro se Motion for Relief from Stay
Robert F. Fuller vs. DEBTORS (Motion filed 2/5/18)
RE: 13924 Monte Verde Road, Apple Valley, CA 92307 EH
Docket 17
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver.
No court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Kenneth Nicolas Meyer Represented By Daniel King
Joint Debtor(s):
Zoila Maria Meyer Represented By Daniel King
Trustee(s):
Steven M Speier (TR) Pro Se
11:00 AM
Hrg. on approval of trustee's final report and applications for compensation EH
Docket 37
Tenative for 2/20/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Ramon Martin Bracamontes Yuriar Represented By
Edgar P Lombera
Joint Debtor(s):
Alma Veronica Represented By Edgar P Lombera
Trustee(s):
Todd A. Frealy (TR) Pro Se
11:00 AM
Hrg. on Debtors' Motion filed 1/22/18 to Delay Granting of Discharge under Bankruptcy Rule 4004(c)(2)
EH
Docket 17
Tentative for 2/20/18 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Miguel F del Rio Represented By Yoon O Ham
Joint Debtor(s):
Soledad R del Rio Represented By Yoon O Ham
Trustee(s):
Larry D Simons (TR) Pro Se
11:00 AM
Hrg. on Debtor's Motion filed 12/11/17 for Redemption of 2016 Nissan Sentra Sedan 4 Door Financed Through Capital One Auto Finance
(Cont. from 1/23/18) EH
Docket 11
Tentative for 2/20/18:
The Court will grant Capital One Auto's ex parte motion to allow the appraisal (which values the car at $12,460.58).
After review of the evidence, the Court believes that the automobile value is
$10,500.00. The parties or attorneys must physically appear (either in Santa Ana or Riverside), with their appraisers, for further examination by the Court.
Appearances required.
Debtor(s):
Marcus Ixchel Richard Represented By Allan S Williams
Trustee(s):
Arturo Cisneros (TR) Pro Se
11:00 AM
Hrg. on creditor Capital One Auto Finance Ex parte Motion for Leave to File Collateral Appraisal
EH
Docket 25
Tentative for 2/20/18 is to GRANT.
See tentative for Matter No. 5 for further details related to this matter.
Debtor(s):
Marcus Ixchel Richard Represented By Allan S Williams
Trustee(s):
Arturo Cisneros (TR) Pro Se
11:00 AM
Hrg. on Motion fled 1/12/18 By United States Trustee To Dismiss Case With A Re-filing Bar
EH
Docket 7
Tentative for 2/20/18 is to GRANT.
Debtor(s):
Juan Aleman Pro Se
Trustee(s):
Charles W Daff (TR) Pro Se
11:00 AM
Hrg. on Order to Show Cause why case should not be dismissed for failure to make third installment payment of $100.00, due on 2/5/18
EH
Docket 0
Tentative for 2/20/18 is to dismiss for failure to pay installment fees.
Debtor(s):
Lashonda L Adams Pro Se
Trustee(s):
Charles W Daff (TR) Pro Se
1:30 PM
Hrg. on Order to Appear for Examination of Blue Moon Management, LLC EH
Docket 0
- NONE LISTED -
Debtor(s):
Rancho Housing Alliance, Inc. Represented By Michael B Reynolds Brett Ramsaur
1:30 PM
Hrg. on Post Confirmation Chapter 11 Status Conference (Cont from 10/17/17)
EH
Docket 0
Tentative for 2/20/18:
As of the posting of this tentative, no Status Report has been filed. What is the status of this case?
The Court is inclined to sanction Debtor $100 for failure to timely file a status report as required in the previous tentative.
*********************************************************************************** Tentative for 10/17/17:
The Court has received and reviewed the Status Report filed 10/13/17 [Dk. 159]. The Post-Confirmation Status Conference is continued to February 20, 2017, at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
MJM Ventures, Inc. Represented By John B Lightfeldt
1:30 PM
Hrg. on Chapter 11 Status Conference (Cont. from 11/14/17)
EH
Docket 0
- NONE LISTED -
Debtor(s):
Wrightwood Guest Ranch LLC Represented By Riley C Walter
Michael L Wilhelm
Trustee(s):
Richard J Laski (TR) Represented By Aram Ordubegian
M Douglas Flahaut
1:30 PM
Hrg. on general counsel for alleged Debtor's motion filed 9/27/17 for Attorneys' Fees, Cost and Damages Pursuant to 11 U.S.C. 303(i)
(Cont. from 11/14/17) EH
Docket 111
Tentative for 2/20/18:
This matter will be continued to a later date to allow for resolution of the pending state court action before this Court decides whether and in what amount to award fees, costs, and/or damages. The Court will enter an order providing a continued hearing date and additional instructions to the parties.
The hearing on this matter scheduled for 2/20/18 at 1:30 p.m. is VACATED.
Debtor(s):
Stanton Place 2014, LLC Represented By Robert M Yaspan
1:30 PM
Hrg. on Chapter 11 Status Conference (Cont. from 1/23/18)
Docket 1
- NONE LISTED -
Debtor(s):
Foster Enterprises, a California Represented By Dean G Rallis Jr
1:30 PM
Hrg. on Adequacy of Disclosure Statement Describing Debtors' Plan of Reorganization Dated November 7, 2017
(Cont. from 1/9/17) EH
Docket 0
- NONE LISTED -
Debtor(s):
Foster Enterprises, a California Represented By Dean G Rallis Jr Matthew D Pham Gregory K Jones
1:30 PM
Hrg. on Chapter 11 Status Conference EH
(Cont. from 1/23/18)
Docket 0
- NONE LISTED -
Debtor(s):
Howard Dean Foster Represented By Dean G Rallis Jr
Joint Debtor(s):
Anna Mae Foster Represented By Dean G Rallis Jr
1:30 PM
Hrg. on Chapter 11 Status Conference EH
Docket 0
Tentative for 2/20/18:
As of the posting of this tentative, no Status Report has been filed. What is the status of this case?
The Court is inclined to sanction Debtor $100 for failure to timely file a status report as required by the order issued 12/28/17 [Dk. 13].
Debtor(s):
Mario Antonio Garcia Sr. Represented By Michael J Allison
Joint Debtor(s):
Veronica Bolanos Garcia Represented By Michael J Allison
1:30 PM
Adv#: 6:17-01045 Delcomber v. Santiago
PRE-TRIAL CONFERENCE re: Complaint by Yvonne Delcomber against Ruben Santiago. (523(a)(4), 523(a)(6), 523(a)(3)(B))
(Cont. from 12/12/17)
Docket 1
- NONE LISTED -
Debtor(s):
Ruben Santiago Represented By
Filemon Kevin Samson III Zulu Ali
Michael Jay Berger
Defendant(s):
Ruben Santiago Pro Se
Joint Debtor(s):
Doris H Santiago Represented By
Filemon Kevin Samson III Michael Jay Berger
Plaintiff(s):
Yvonne Delcomber Represented By
Han-Hsien Miletic
Trustee(s):
Karl T Anderson (TR) Pro Se
1:30 PM
Adv#: 6:17-01207 Speier, soley in his capacity as Chapter 7 Trustee v. KABBAGE, INC.
STATUS CONFERENCE re: Complaint for (1) Avoidance and Recovery of Preferential Transfers, (2) Preservation of Preferrential Transfers, and (3) Disallowance of Claims
Cont. from 12/20/17 EH
Docket 1
- NONE LISTED -
Debtor(s):
Elite Tower Professionals LLC Represented By Michael Jay Berger
Defendant(s):
KABBAGE, INC. Pro Se
Plaintiff(s):
Steven M Speier, soley in his Represented By Marc C Forsythe
Trustee(s):
Steven M Speier (TR) Represented By Robert P Goe
1:30 PM
Adv#: 6:17-01253 Zamora et al v. Rodriguez
STATUS CONFERENCE re: Complaint by Hilda H Zamora, Caronna, Johnson & Zamora, LLP against Gabriella Rodriguez - 523(a)(5), (a)(15)
EH
Docket 1
Tentative for 2/21/18 is to set the following dates/deadlines:
Discovery cutoff: May 30, 2018. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: July 31, 2018. Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial conference: September 12, 2018 at 1:30 p.m.
The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may result in the imposition of sanctions, including the striking of the answer and dismissal of the complaint.
Plaintiff is to lodge a scheduling order within 7 days.
Debtor(s):
Gabriela Rodriguez Represented By Edgar P Lombera
Defendant(s):
Gabriella Rodriguez Pro Se
1:30 PM
Plaintiff(s):
Hilda H Zamora Represented By Leonard J Cravens
Caronna, Johnson & Zamora, LLP Represented By
Leonard J Cravens
Trustee(s):
Lynda T. Bui (TR) Pro Se
1:30 PM
Adv#: 6:17-01254 Baumgartner et al v. Carrillo
STATUS CONFERENCE re: Complaint by Brett Baumgartner , Margarett Baumgartner against Wendy Carrillo - 523(a)(4), (a)(6)
EH
Docket 1
Tentative for 2/21/18 is to set the following dates/deadlines:
Discovery cutoff: April 30, 2018. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: June 15, 2018. Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial conference: August 1, 2018 at 1:30 p.m.
The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may result in the imposition of sanctions, including the striking of the answer and dismissal of the complaint.
Plaintiff is to lodge a scheduling order within 7 days.
Debtor(s):
Wendy Carrillo Represented By Paul Y Lee
Defendant(s):
Wendy Carrillo Pro Se
1:30 PM
Plaintiff(s):
Brett Baumgartner Represented By
Laura Blumenstein
Margarett Baumgartner Represented By
Laura Blumenstein
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
Adv#: 8:15-01078 Bui v. Woo Jin Trading Inc.
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547(b), 550 And 551
(Complaint filed 2/2/15) (PTC set at S/C held 4/2/15) (S/C reset at PTC held 10/8/15)
FR: 4-2-15;10-8-15; 1-14-16; 6-22-16; 6-14-17; 12-20-17
Docket 1
Tentative for 2/21/18:
The Court has received and reviewed the unilateral status report filed 2/06/18 [Dk. 27] and will CONTINUE this matter to May 16, 2018 at 11:00 a.m. A status report is due 14 days in advance.
If the Trustee's Assignee has not substituted into the case by the May 16, 2018 status conference, the Court may set an OSC re: Dismissal for lack of prosecution.
Appearances are excused.
****************************************************************************** Tentative for 12/20/17:
The Court has received and reviewed the unilateral status report [Dk. 25] filed on 12/6/2016 by the Chapter 7 Trustee. The Court notes the Chapter 7 Trustee's representation that the claims brought in this adversary proceeding were sold in an order entered October 14, 2017 [Dk. 514], and that she expects a new party will substitute in as plaintiff.
10:00 AM
The Court will CONTINUE this matter to 2/21/18 at 10:00 a.m. A status report (unilateral or joint) is due 14 days in advance. If the appropriate successor party in interest does not timely file a status report, the Court will consider dismissal of this case for failure to prosecute.
Appearances are excused for the 12/20/17 hearing.
***************************************************************************** Tentative for 6/14/17:
The Court has received and reviewed the unilateral status report [Dk. 21] filed on 6/6/2016, and will CONTINUE this matter to 12/20/17 at 10:00 a.m. A status report (unilateral or joint) is due 14 days in advance.
Appearances are excused for the 6/14/17 hearing.
***************************************************************************** Tentative for 6/22/2016:
The Court has received and reviewed the unilateral status report [Dk. 21] filed on 6/6/2016, and will CONTINUE this matter to 6/14/2017 at 10:00 a.m. A status report (unilateral or joint) is due 14 days in advance.
Appearances are excused.
************************************************************************** Tentative for 1/14/16:
The Court has received and reviewed the status report filed12/9/15 [Dk. 18] and will CONTINUE this matter to June 22, 2016 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
****************************************************************************** Tentative for 10/8/2015:
10:00 AM
The Court is inclined to approve the proposed joint pretrial stipulation filed 9/15/15 [Dk. 12] and set this matter for trial on 11/19/15 at 1:30 p.m. The trial will be by declaration. The parties are instructed to follow the procedures for trials by declaration which can be located on the Court's website.
Appearances required.
**************************************************************************** Tentative for 4/02/15 is to set the following dates/deadlines:
Discovery cutoff: July 31, 2015. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: August 31, 2015. Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial: September 17, 2015 at 10:00 a.m.
The parties are specifically advised to fully comply with all applicable local and federal rules. The failure to do so may result in the issuance of monetary and/or non-monetary sanctions, including dismissal of the action or striking of the answer.
Plaintiff is to lodge a scheduling order within seven (7) days.
Debtor(s):
Woori The Winners Inc Represented By Jaenam J Coe
Defendant(s):
Woo Jin Trading Inc. Represented By Young K Chang
10:00 AM
Plaintiff(s):
Lynda T. Bui Represented By
Steven Werth
Trustee(s):
Lynda T. Bui (TR) Represented By David M Goodrich Steven Werth
11:00 AM
Hearing RE: Application For Payment Of Interim Fees And/Or Expenses For The Period From September 20, 2016 To January 5, 2018
[RE: DONALD W. SIEVEKE - Attorney For Richard A. Marshack, Chapter 7 Trustee]
[Fees: $27,260.00; Expenses: $429.71]
Docket 49
Tentative for 2/21/18 is to CONTINUE to March 21, 2018 at 11:00 a.m. to allow the Applicant to submit supplemental papers addressing the issues identified below. Any supplemental papers must be filed by no later than March 7, 2018.
The Application indicates that Applicant billed 37.5 hours ($14,625) related to "Research, investigation, 341(a) exam, status reports to Trustee." [Dk. page 2, lines 10-12]. This description is amplified by ¶2 of Applicant's Declaration:
I was brought into this case because the Debtor’s schedules reflected several business ownerships, but little or no income. The Trustee asked me to conduct examinations of the Debtor to determine whether there were any assets to be administered. I conducted several examinations of the Debtor and obtained voluminous financial records. I reviewed records from the County Recorder and personally inspected the Debtor’s place of business. I conducted one or more interviews with related business persons, as well as researched the Debtor and his businesses on the internet. As a result of this investigation, I concluded that the Debtor was concealing substantial assets.
These tasks appear to be those typically performed by the Chapter 7 Trustee and may not be compensable to counsel. See, generally, § 704; In re Garcia, 335 B.R. 717, 725 (B.A.P. 9th Cir. 2005); U.S. Trustee v. Boldt (In re Jenkins), 188 B.R. 416, 420 (9th Cir. BAP 1995); aff'd 130 F.3d 1335 (9th
11:00 AM
Cir.1997).
Appearances excused.
Debtor(s):
Richard A. Farino Represented By Joseph A Weber
Trustee(s):
Richard A Marshack (TR) Represented By Donald W Sieveke
11:00 AM
Hearing RE: Motion For Damages Resulting From Willful Violation Of The Automatic Stay By MCT Group
(Motion filed 1/30/18)
Docket 12
- NONE LISTED -
Debtor(s):
Josefine Amelia Dominguez Represented By Michael Jones
Trustee(s):
Jeffrey I Golden (TR) Pro Se
11:00 AM
Hearing RE: Motion by United States Trustee to Determine Whether Compensation Paid to Counsel Was Excessive Under 11 U.S.C. Section 329 and F.R.B.P. Rule 2017 and Request that Court Set an Order to Show Cause to Determine Whether Declaration Filed in Connection with Case Is a Forged Document (Motion filed 1/19/18)
Docket 31
Tentative for 2/21/18 is to GRANT the disgorgement of the $1,000 paid to Luis E. Vasquez. All other matters will be discussed at the hearing.
Appearances required.
Debtor(s):
Dinesh V Shah Represented By Luis E Vasquez
Trustee(s):
Richard A Marshack (TR) Pro Se
2:00 PM
Hearing RE: Motion Seeking: (1) Disallowance Of Claims 14 And 16; And (2) Striking Claims Alleged In Adversary Nos. 8:17-ap-01094 And 8:17-ap-01092 On The Grounds The Same Were Filed Based on Falsified Evidence
(Motion filed 11/22/17) FR: 12-14-17
Docket 219
Tentative for 2/21/18:
None listed.
********************************************************************* Tentative for 12/14/17:
Appearances required.
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman William N Lobel
2:00 PM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 2/24/17)
FR: 4-20-17; 7-11-17; 8-17-17; 11-9-17; 12-14-17
Docket 0
Tentative for 2/21/18:
The Court has received and reviewed the Status Report filed 2/7/18 [Dk. 299], and the supplemental Status Report filed 2/16/18 [Dk. 313].
Appearances required.
***************************************************************************** Tentative for 12/14/17:
This matter is CONTINUED to 4/19/18 at 11:00 a.m. to coincide with the hearing on the adequacy of the disclosure statement.
Appearances are excused.
**************************************************************************** Tentative for 11/09/17:
This matter is CONTINUED to 12/14/17 at 11:00 a.m. to coincide with the hearing on the adequacy of the disclosure statement.
Appearances are excused.
***************************************************************************
2:00 PM
Tentative for 8/17/17:
This matter is CONTINUED to 11/9/17 at 11:00 a.m. to coincide with the hearing on the adequacy of the disclosure statement.
Appearances are excused.
************************************************************ Tentative for 4/20/17:
The Court has reviewed the status reports in their entirety. The Court is inclined to set the following dates:
The bar date for filing of claims is set for June 16, 2017;
Debtor shall serve Notice of Bar Date to all creditors and parties in interest no later than April 25, 2017;
A Disclosure Statement and Plan must be filed on or before June 26, 2017;
A Continued Status Conference shall be held on June 29, 2017, at 11:00 a.m.
No appearances are necessary at the Status Conference on April 20, 2017 at 11:00 a.m. Debtor to lodge order within 7 days.
Debtor(s):
John Jean Bral Represented By Beth Gaschen
2:00 PM
Adv#: 8:17-01071 Bral v. Beitler
Hearing RE: Motion For Summary Judgment on Debtor's First Amended Complaint Against Barry Beitler for: (1) Avoidance of Preference Pursuant to 11
U.S.C. Section 547; (2) Avoidance of Unperfected Liens Pursuant to 11 U.S.C. Section 544(A); (3) Recovery of Avoided Transfers Pursuant to 11 U.S.C. Section 550; and (4) Disallowance of Claims Pursuant to 11 U.S.C. Section 502 (Motion filed 12/14/17)
FR: 1-25-17
Docket 27
Tentative for 2/21/18:
The Court has determined that this matter is appropriate for disposition without further oral argument. An order will be issued shortly.
Appearances are excused.
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman William N Lobel
Defendant(s):
Barry Beitler Represented By
Krikor J Meshefejian
Plaintiff(s):
John Jean Bral Represented By
2:00 PM
Beth Gaschen Alan J Friedman William N Lobel
2:00 PM
Adv#: 8:17-01092 Beitler v. Bral
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Non-
Dischargeability Of Debt Under Bankruptcy Code Section 523 (Complaint filed 6/2/17) (First Amended Complaint filed 12/1/17)
FR: 8-31-17; 11-9-17; 12-7-17; 1-24-18; 1-25-18
Docket 1
Tentative for 2/21/18:
None listed.
************************************************************************ Tentative for 12/07/17:
This matter is CONTINUED to February 22, 2018, at 11:00 a.m. A status report is due 14 days in advance.
Appearances for the 12/07/17 hearing are excused.
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
Defendant(s):
John Jean Bral Pro Se
Plaintiff(s):
Barry Beitler Represented By
2:00 PM
Krikor J Meshefejian Gary E Klausner
2:00 PM
Adv#: 8:17-01094 Beitler & Associates, Inc. dba Beitler Commercial v. Bral
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Non-
Dischargeability Of Debt Under Bankruptcy Code Section 523 (Complaint filed 6/2/17) (First Amended Complaint filed 12/1/17)
FR: 8-31-17; 11-9-17; 12-7-17; 1-24-18; 1-25-18
Docket 1
Tentative for 2/21/18:
None listed.
************************************************************************ Tentative for 12/07/17:
This matter is CONTINUED to February 22, 2018, at 11:00 a.m. A status report is due 14 days in advance.
Appearances for the 12/07/17 hearing are excused.
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
Defendant(s):
John Jean Bral Pro Se
Plaintiff(s):
Beitler & Associates, Inc. dba Represented By
2:00 PM
Krikor J Meshefejian Gary E Klausner
2:00 PM
Adv#: 8:17-01095 Steward Financial LLC v. Bral
CONT'D STATUS CONFERENCE Hearing RE: First Amended Complaint To Determine Non-Dischargeability Of Debt Under Bankruptcy Code Section 523 (Complaint filed 6/2/17) (First Amended Complaint filed 12/1/17)
FR: 8-31-17; 11-9-17; 12-7-17; 1-24-18; 1-25-18
Docket 1
Tentative for 2/21/18:
None listed.
************************************************************************ Tentative for 12/07/17:
This matter is CONTINUED to February 22, 2018, at 11:00 a.m. A status report is due 14 days in advance.
Appearances for the 12/07/17 hearing are excused.
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
Defendant(s):
John Jean Bral Pro Se
Plaintiff(s):
Steward Financial LLC Represented By
2:00 PM
Krikor J Meshefejian Gary E Klausner
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: Status Of Chapter 11 Case; And
Requiring Report On Status Of Chapter 11 Case
FR: 12-8-11; 2-16-12; 5-10-12; 7-19-12; 9-20-12; 11-15-12; 5-16-13; 5-23-13;
11-14-13; 4-17-14; 10-30-14; 3-19-15; 8-20-15; 2-11-16; 6-23-16, 5-11-17; 11-
16-17; 1-11-8
Docket 1
Tentative for 2/22/18:
The Court has received and reviewed the Twelfth Status Report filed by the Liquidation Trustee on 2/8/18 [Dk. 986]. The Status Conference is CONTINUED to April 12, 2018 at 11:00 a.m. A status report is to be filed 14 days in advance.
Appearances are excused.
*************************************************************************** Tentative for 1/11/18:
The Court has received and reviewed the Eleventh Status Report filed by the Liquidation Trustee on 12/28/17 [Dk. 980]. The Status Conference is CONTINUED to February 22, 2018 at 11:00 a.m. A status report is to be filed 14 days in advance.
Appearances are excused.
Debtor(s):
Pacific Monarch Resorts, Inc. Represented By Scott H Yun
H Alexander Fisch
11:00 AM
Trustee(s):
Genevieve G Weiner Danielle A Pham
Michael M Ozawa Represented By Sidney P Levinson
11:00 AM
Adv#: 8:17-01025 California Hispanic Commission on Drug and Alcohol v. Long Term Care
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Avoid And Recover Post-Petition Transfers Pursuant To 11 U.S.C. Sections 549 And 550 (Complaint filed 2/16/17)
[Genesis Title Holding Corporation - Dismissed 4/25/17 - Docket No. 5]
FR: 6-14-17; 6-15-17; 11-16-17
Docket 1
- NONE LISTED -
Debtor(s):
California Hispanic Commission on Represented By
Michael R Totaro Linda F Cantor ESQ Victoria Newmark Nancy S Goldenberg
Defendant(s):
Long Term Care Properties, Inc. Pro Se
Genesis Title Holding Corp. Pro Se
Plaintiff(s):
California Hispanic Commission on Represented By
Linda F Cantor ESQ
11:00 AM
CONT'D POST-EFFECTIVE STATUS CONFERENCE Hearing RE: (1) Case
Management Conference And (2) Requiring Status Report (Petition filed 4/15/16)
FR: 6-23-16; 9-15-16; 11-17-16; 12-1-16; 6-8-17; 10-19-17
Docket 1
Tentative for 2/22/18:
The Court has received and reviewed the status report filed 02/08/18 [Dk. 197] and will CONTINUE this matter to 5/3/18 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
***************************************************************************** Tentative for 10/19/17:
The Court has received and reviewed the status report filed 10/06/17 and will CONTINUE this matter to 2/22/2018 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused. No hearing will be held on 10/19/17.
************************************************************************** Tentative for 6/8/17:
The Court has received and reviewed the status report filed 5/25/17 and will CONTINUE this matter to 10/19/2017 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused. No hearing will be held on 6/8/17.
11:00 AM
**************************************************************************** Tentative for 12/1/2016:
If the plan is confirmed, the Court will set a post-confirmation status conference for 4/20/2017, at 11:00 a.m. A status report is due 14 days in advance.
Appearances required.
************************************************************************* Tentative for 9/15/2016 is to CONTINUE to the same date as confirmation hearing.
************************************************************************* Tentative for 6/23/16:
This case is being jointly administered with Trask Developers, LLc, a California limited liability company, Case No. 8:16-bk-11621.
The Court is inclined to substantially adopt the following dates/deadlines proposed by the Debtors in the status report filed 6/8/16 [Dk. 55]:
Deadline to file a joint disclosure statement and plan: July 14, 2016. The failure to timely file a joint disclosure statement and plan may result in the dismissal or conversion of the case.
Claims bar date: August 31, 2016, with notice to be served by no later than June 30, 2016
Deadline to object to claims: November 18, 2016
Continued status conference: October 13, 2016. A status report is due 14 days in advance.
Debtor(s):
Paul Chieu Nguyen Represented By David S Kupetz Jessica Vogel
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 4/15/16)
FR: 6-23-16; 9-15-16; 11-17-16; 12-1-16; 6-8-17; 10-19-17
Docket 1
Tentative for 2/22/18:
The Court has received and reviewed the status report filed 02/08/18 [Dk. 196] in Paul Chieu Nguyen, 8:16-bk-11619-SC and will CONTINUE this matter to 5/3/18 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
************************************************************************** Tentative from 6/8/17:
The Court has received and reviewed the status report filed 5/25/17 [Dk. 183] in Paul Chieu Nguyen, 8:16-bk-11619-SC and will CONTINUE this matter to 10/19/2017 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused. No hearing will be held on 6/8/17.
**************************************************************************** Tentative for 12/1/2016:
The Court will set a post-confirmation status conference for 4/20/2017, at 11:00 a.m. A status report is due 14 days in advance.
****************************************************************************
11:00 AM
Tentative for 9/15/2016:
This case is being jointly administered with Paul Chieu Nguyen, Case No. 8:16-bk-11619. Please refer to the tentative for #5 on today's calendar.
**************************************************************************** Tentative for 6/23/16:
This case is being jointly administered with Paul Chieu Nguyen, Case No. 8:16-bk-11619. Please refer to the tentative for #15 on today's calendar.
Debtor(s):
Trask Developers, LLC Represented By David S Kupetz Jessica Vogel
11:00 AM
CONT'D POST-EFFECTIVE STATUS CONFERENCE Hearing RE: (1) Case
Management Conference And (2) Requiring Status Report (Petition filed 6/13/16)
(Post-Effective S/C set at confirmation hearing held 8/31/17)
FR: 8-4-16; 10-20-16; 12-15-16; 2-16-17; 3-9-17, 5-11-17; 8-31-17; 11-9-17
Docket 0
Tentative for 2/22/18:
The Court has received and reviewed the status report filed 02/08/18 [Dk. 158]. This matter is CONTINUED to May 3, 2018 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
**************************************************************************** Tentative for 11/09/17:
This matter is CONTINUED to February 22, 2018 at 11:00 a.m. A status report is due 14 days in advance.
Appearances for the 11/09/17 hearing are excused.
**************************************************************************** Tentative for 4/20/17:
This matter is VACATED and CONTINUED to May 11, 2017 at 10:00 a.m. pursuant to an order entered 4/19/17.
************************************************************************* Tentative for 3/09/17:
11:00 AM
See tentative for calendar item number 18.10.
************************************************************************** Tentative for 2/16/17:
See tentative for calendar item number 3.
*************************************************************************** Tentative for 12/15/2016:
See tentative for calendar item number 20.
**************************************************************************** Tentative for 8/4/16 is to DISMISS or CONVERT:
Pursuant to the Order issued 6/15/16 [Dk. 10] (the "Order"), Debtor was required to serve the Order within 48 hours of receipt on the 20 largest unsecured creditors, all secured creditors and the U.S. Trustee. The docket does not indicate that such service occurred.
Additionally, the Order requires Debtor to file and serve a status report 14 days prior to the status conference, which report is to be supported by evidence and supporting documents and include a line-item budget for the first 60 days of the bankruptcy. Debtor filed a late status report [Dk. 25] on 7/30/2016, five days before this hearing.
The Order specifically provides:
FAILURE OF THE DEBTOR TO APPEAR (THROUGH COUNSEL, IF THE DEBTOR IS REPRESENTED), TO FILE A STATUS REPORT, OR TO SERVE THIS NOTICE AS REQUIRED MAY RESULT IN THE APPOINTMENT OF A CHAPTER 11 TRUSTEE, DISMISSAL OF THE CASE, OR CONVERSION TO A CASE UNDER CHAPTER 7 OF THE BANKRUPTCY CODE.
The Court would like to hear from the U.S. Trustee on whether dismissal or
11:00 AM
conversion is appropriate.
Appearances required.
Debtor(s):
Marzieh Bagheri-Tari Represented By
Yeznik O Kazandjian
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 5/1/17)
FR: 6-15-17; 6-29-17; 9-14-17; 10-5-17; 12-7-17; 12-14-17
Docket 1
Tentative for 2/22/18:
The Court has received and reviewed the Status Report filed on 2/08/18 [Dk. 134] and will CONTINUE this matter to 5/31/18 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
******************************************************************************* Tentative for 12/14/17:
The Court has received and reviewed the Status Report filed on 11/30/17 [Dk. 124] and will CONTINUE this matter to 2/22/18 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
******************************************************************************* Tentative for 10/5/17:
The Court has received and reviewed the Status Reports filed on 8/31/17 [Dk. 63] by Debtor and on 9/1/17 [Dk. 64] by the Examiner, Arturo Cisneros. The Court is planning on issuing an order to show cause why the case should not be dismissed or converted to Chapter 7, based on the Examiner's Status
11:00 AM
Report.
Appearances required.
******************************************************************************** Tentative for 9/14/17:
This matter is CONTINUED to October 5, 2017 at 11:00 a.m. to accommodate the Examiner's Request contained in his report filed 9/1/17 [Dk. 64].
Appearances are excused for the 9/14/17 status conference.
******************************************************************************** Tentative for 6/29/17:
Appearances required as set forth in the Scheduling Order entered on 6/20/17 as Dk. 38.
*********************************************************************************** Tentative for 6/15/17:
The Court has reviewed the status report filed 6/1/17 [Dk. 23], the amended status report filed 6/1/17 [Dk. 24], and the second amended status report filed 6/13/17 [Dk. 30] as well as the docket and all pleadings filed, and notes the following:
This case was filed on 5/1/17.
Debtors have failed to comply with the terms of the Scheduling Order entered 5/3/17 [Dk. 6] (the "Order"), which required service of the Order within 48 hours of receipt. Order at p. 2:1. The proof of service filed by Debtors on 6/2/17 [Dk. 27] indicates the Order was served on 6/1/17, almost one month late.
Debtors have failed to comply with the terms of the Order which requires that the status report be "supported by evidence in the form of
11:00 AM
declarations and supporting documents." Order at p. 2:5-7.
Neither the status report, the amended status report, or the second amended status report "describe the status of the Debtors' post-petition operations," as required by the Order at p. 2:18.
The Debtors' proposed deadline for filing and serving a disclosure statement and plan of January 15, 2018 is more than 120 days from the filing (259 days). Debtors provide no explanation for delay, as required by the Order at p. 3:13-14 ("If a disclosure statement cannot be filed within the first 120 days of the case, explain the reasons for the delay.")
Counsel should appear and be prepared to discuss the foregoing and why counsel should not be sanctioned for failure to comply with an order of this Court.
Appearances required.
Debtor(s):
Cecilio Romero Murrietta Represented By Andrew S Bisom
Joint Debtor(s):
Irma Bonilla Murrietta Represented By Andrew S Bisom
11:00 AM
CONT'D Hearing RE: Motion For Order Disallowing Claim: (Motion filed 11/30/17)
Scheduled Claim 1st Centennial Bank FR: 1-11-18
Docket 116
Tentative for 2/22/18:
The Court previously continued this matter to allow Movant to effectuate proper service. In response, Movant filed a Notice of Continued Hearing [Dk. 162] and Proof of Service [Dk. 163] on 1/15/18 in which it indicated that it served (1) Value Recovery Group and (2) Raymond King, Esq.
Value Recovery Group
Movant asserts on the proof of service filed 1/15/18 [Dk. 163] that Value Recovery Group is the "Successor to First Centennial Bank per FDIC email 9/26/17 part of Exh. F". The Motion does not contain an Exh. F. Moreover, the FDIC website indicates that Pacific Western Bank is the successor institution.
Raymond King
Movant's service of Raymond King, as the last known attorney for Claimant, is insufficient as there is no evidence that Mr. King is Claimant's attorney for this proceeding.
Thus, the Court cannot verify proper service upon Claimant. Movant should be prepared to provide supplemental evidence of why service is in fact sufficient, or explain why this Motion should not be denied for failure to effect proper service.
Appearances required.
11:00 AM
****************************************************************************** Tentative for 1/11/17 is to CONTINUE to February 22, 2018, at 11:00 a.m. to allow Debtor to properly serve Scheduled Claimant 1st Centennial Bank (or its acquiring successor) with the Motion and Notice of Objection to Claim. An appropriate proof of service must be filed 14 days in advance.
Appearances are excused.
Debtor(s):
Chrestotes, Inc Represented By David A Tilem
11:00 AM
CONT'D Hearing RE: Motion To Determine The Value Of Collateral As To The Real Property Located At 60 E Mahi Pua Place, Lahaina, HI 96761
(Motion filed 12/22/17) FR: 1-25-18
Docket 67
- NONE LISTED -
Debtor(s):
David Vincent Ross Represented By Michael Jones Sara Tidd
Joint Debtor(s):
Cheri LeAnn Ross Represented By Michael Jones Sara Tidd
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 7/11/17) FR: 8-31-17; 1-11-18
Docket 1
Tentative for 2/22/18:
None listed.
***************************************************************************** Tentative for 1/11/18:
None listed.
***************************************************************************** Tentative for 8/31/17 is to set the following dates/deadlines:
Deadline to file a plan and disclosure statement: November 1, 2017. The failure to timely file a plan and disclosure statement may result in the conversion or dismissal of the case.
Continued case status conference: January 11, 2018 at 11:00 a.m. A status report is due 14 days in advance.
Debtor(s):
David Vincent Ross Represented By Michael Jones
11:00 AM
Joint Debtor(s):
Cheri LeAnn Ross Represented By Michael Jones
11:00 AM
Hearing RE: First Amended Disclosure Statement Describing Chapter 11 Plan Of Reorganization
(D.S. filed 11/17/17) (First Amended D.S. filed 2/2/18)
Docket 98
- NONE LISTED -
Debtor(s):
David Vincent Ross Represented By Michael Jones Sara Tidd
Joint Debtor(s):
Cheri LeAnn Ross Represented By Michael Jones Sara Tidd
11:00 AM
Motion for relief from stay [Real Property]
Citimortgage, Inc. vs. DEBTORS (Motion filed 1/11/18)
[RE: 60 E Mahi Pua Place, Lahaina, Hawaii 96761]
FR: 2-8-18
Docket 78
Tentative for 2/22/18:
None listed.
**************************************************************************** Tentative for 2/8/18 is to GRANT for the reasons set forth in Movant’s reply,
filed 1/29/18 [Dk. 92]. Movant has met its initial burden under § 362(d)(1) and (d)(2), and Debtors have failed to carry their burden in opposition.
In particular, in their opposition, Debtors have failed to provide adequate evidence to establish that:
The Property is necessary to reorganization. Although Debtors assert that they intend to propose a plan that will "fund completion of the construction of the Property, obtain a certificate of occupancy for the Property, and then market and liquidate the Property as to substantially fund their Chapter 11 Plan," they have not provided any detail as to what is required to complete these steps, how much it will cost the Estate to do so, how they arrived at the proposed sale price of $4 million, or whether ultimately the Property will be a net gain to the Estate.
Reorganization within a reasonable time is probable. See In re Sun Valley Newspapers, Inc., 171 B.R. 71, 75 (B.A.P. 9th Cir. 1994).
11:00 AM
Appearances required.
Debtor(s):
David Vincent Ross Represented By Michael Jones Sara Tidd
Joint Debtor(s):
Cheri LeAnn Ross Represented By Michael Jones Sara Tidd
11:00 AM
STATUS CONFERENCE Hearing RE: (1) Case Management Conference And
Requiring Status Report (Petition filed 1/4/18)
Docket 0
Tentative for 2/22/18 is to set the dates/deadlines, as follows:
Deadline to file a plan and disclosure statement - July 1, 2018.
Deadline for filing proofs of claims - May 1, 2018 with service of the notice by no later than March 1, 2018.
Deadline to object to claims - June 15, 2018.
Deadline to file avoidance actions - May 1, 2018.
Continued status conference - June 14, 2018 at 11:00 a.m. A status report is due 14 days in advance.
Debtor is to submit a scheduling order within seven (7) days.
Debtor(s):
Fuzion Meet Eat Play, LLC Represented By Jeffrey B Smith
11:00 AM
Hearing RE: Conflict Of Interest (Set per Order Entered 1/9/18)
Docket 6
- NONE LISTED -
Debtor(s):
Fuzion Meet Eat Play, LLC Represented By Jeffrey B Smith
11:00 AM
CONT'D Hearing RE: Debtor's Objection To Proof Of Claim: (Motion filed 10/13/17)
Claim No. 9 Beitler & Associates, Inc. $To Be Determined dba Beitler Commercial Realty Services
FR: 12-14-17, 1-25-18
Docket 151
- NONE LISTED -
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
11:00 AM
CONT'D Hearing RE: Debtor's Objection To Proof Of Claim: (Motion filed 10/13/17)
Claim No. 11 Beitler $To Be Determined FR: 12-14-17, 1-25-18
Docket 153
- NONE LISTED -
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
11:00 AM
Hearing RE: Debtor's Amended Objection To Proof Of Claim: (Motion filed 10/13/17) (Amended Motion filed 10/13/17)
Claim No. 14 Barry Beitler $To Be Determined FR: 12-14-17, 1-25-18
Docket 161
- NONE LISTED -
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
11:00 AM
CONT'D Hearing RE: Debtor's Objection To Proof Of Claim: (Motion filed 10/13/17)
Claim No. 16 Betsy Boyd $To be Determined FR: 12-14-17, 1-25-18
Docket 155
- NONE LISTED -
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
11:00 AM
CONT'D Hearing RE: Debtor's Objection To Proof Of Claim: (Motion filed 10/13/17)
Claim No. 18 Cannae Financial LLC $1,421,510.01 FR: 12-14-17, 1-25-18
Docket 145
- NONE LISTED -
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
11:00 AM
CONT'D Hearing RE: Debtor's Objection To Proof Of Claim: (Motion filed 10/13/17)
Claim No. 20 Steward Financial LLC At Least $2,593,638.81 FR: 12-14-17, 1-25-18
Docket 159
- NONE LISTED -
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
11:00 AM
CONT'D Hearing RE: Debtor's Objection To Proof Of Claim: (Motion filed 10/13/17)
Claim No. 21-1 Barry Beitler $198,065.35 FR: 12-14-17, 1-25-18
Docket 139
- NONE LISTED -
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
11:00 AM
CONT'D Hearing RE: Debtor's Objection To Proof Of Claim: (Motion filed 10/13/17)
Claim No. 19 Steward Financial LLC At Least $1,100,000.00 FR: 12-14-17, 1-25-18
Docket 157
- NONE LISTED -
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
11:00 AM
CONT'D Hearing RE: Debtor's Objection To Proof Of Claim: (Motion filed 10/13/17)
Claim No. 17-1 Cannae Financial LLC $394,483.12 FR: 12-14-17, 1-25-18
Docket 137
- NONE LISTED -
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
11:00 AM
CONT'D Hearing RE: Debtor's Objection To Proof Of Claim: (Motion filed 10/13/17)
Claim No. 15-1 Barry Beitler $40,666.33 FR: 12-14-17, 1-25-18
Docket 149
- NONE LISTED -
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
11:00 AM
CONT'D Hearing RE: Debtor's Objection To Proof Of Claim: (Motion filed 10/13/17)
Claim No. 13-1 Barry Beitler $788,798.91 FR: 12-14-17, 1-25-18
Docket 135
- NONE LISTED -
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
11:00 AM
CONT'D Hearing RE: Debtor's Objection To Proof Of Claim: (Motion filed 10/13/17)
Claim No. 10 Barry Beitler $2,589,725.46 FR: 12-14-17, 1-25-18
Docket 142
- NONE LISTED -
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
9:30 AM
Adv#: 8:15-01425 Marshack v. Ayotte et al
TRIAL RE: Complaint For Avoidance, Recovery, And Preservation Of Preferential Transfers
[11 U.S.C. Sections 544, 547, 550, And 551]
(Complaint filed 10/27/15) (PTC set at S/C held 4/6/16) (Trial set at PTC held 6/14/17)
[Law Offices of Michael W. Ayotte [ONLY] - Dismissed per Order Entered 4- 6-17 - Docket No. 33]
FR: 3-9-16; 4-6-16; 4-6-16; 8-17-16; 11-30-16; 4-19-17; 6-14-17; 11-20-17
Docket 1
Debtor(s):
DRI Companies Represented By Todd C. Ringstad
Christopher Minier Brian R Nelson
Defendant(s):
Michael W. Ayotte Represented By Michael W Ayotte
Law Offices of Michael W. Ayotte Represented By
Michael W Ayotte
Plaintiff(s):
Richard A. Marshack Represented By Chad V Haes Judith E Marshack
9:30 AM
Trustee(s):
D Edward Hays
Richard A Marshack (TR) Represented By
D Edward Hays Chad V Haes Kyra E Andrassy Judith E Marshack
Leonard M Shulman Melissa Davis Lowe
11:00 AM
CONT'D Hearing RE: Motion Objecting To Debtor's Exemptions (Motion filed 11/13/17)
FR: 12-13-17
Docket 38
Debtor(s):
Jay Scott Rothman Represented By Christine A Kingston
Trustee(s):
Richard A Marshack (TR) Represented By Larry D Simons
11:00 AM
Adv#: 8:17-01021 Marshack v. Sand
TRIAL RE: Complaint For Turnover Of Property Of The Estate [11 U.S.C. Sections 542(a)]
(Complaint filed 2/8/17)
(PTC set at S/C held 6/14/17) (Trial set at PTC held 12/13/17)
FR: 5-3-17; 11-15-17, 12-13-17
Docket 1
Debtor(s):
Jay Scott Rothman Represented By Christine A Kingston
Defendant(s):
Helen Melissa Sand Pro Se
Plaintiff(s):
Richard A Marshack Represented By Larry D Simons
Trustee(s):
Richard A Marshack (TR) Represented By Larry D Simons
9:30 AM
Hrg. on attorney for chapter 7 trustee's Motion filed 1/19/18 to strike One Point Human Capital Management, LLCs Trial Exhibits and Witness List
(Cont. from 1/22/18) EH
Docket 231
- NONE LISTED -
Debtor(s):
Angela M. Arents Represented By
James D. Hornbuckle
Trustee(s):
Arturo Cisneros (TR) Represented By Elyza P Eshaghi
Leonard M Shulman Melissa Davis Lowe
9:30 AM
Evidentiary hearing on Order to Show Cause re Contempt and Sanctions (Cont. from 1/22/18)
EH
Docket 0
- NONE LISTED -
Debtor(s):
Angela M. Arents Represented By
James D. Hornbuckle
Trustee(s):
Arturo Cisneros (TR) Represented By Elyza P Eshaghi
Leonard M Shulman Melissa Davis Lowe
10:00 AM
Buckley Madole, P.C. - movant attorney Motion for Relief from Stay
Wells Fargo Bank vs. DEBTOR (Motion filed 10/23/17)
(Cont. from 12/12/17)
Re: 1153 Kimbark Ave, San Bernardino, CA 92407-1207 EH
Docket 9
Debtor(s):
Marcus Cheeks Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Adv#: 6:17-01232 Cheeks v. Wells Fargo Bank NA
Hrg. on STATUS CONFERENCE re: Complaint by Marcus Cheeks against Wells Fargo Bank NA . (Fee Not Required). Nature of Suit: (11 (Recovery of money/property - 542 turnover of property)) ,(14 (Recovery of money/property - other)) ,(51 (Revocation of confirmation)) ,(62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud))
EH
(Date and time approved by Chambers)
Docket 1
Debtor(s):
Marcus Cheeks Pro Se
Defendant(s):
Wells Fargo Bank NA Pro Se
Plaintiff(s):
Marcus Cheeks Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
1:30 PM
Adv#: 6:17-01115 Romex Textiles, Inc. v. Ra
PRE-TRIAL CONFERENCE re: Complaint by re: Complaint by Romex Textiles, Inc. against Sung Su Ra - 523(a)(4), 523(a)(6)
EH
Docket 1
Debtor(s):
Sung Su Ra Represented By
Young K Chang
Defendant(s):
Sung Su Ra Represented By
Young K Chang
Plaintiff(s):
Romex Textiles, Inc. Represented By Nico N Tabibi
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement Between Debtor and Golden 1 Credit Union, in the amount of $28,132.07
Re: 2017 Kia Forte
Docket 9
- NONE LISTED -
Debtor(s):
Humphrey Mosley Pro Se
Joint Debtor(s):
June Mosley Pro Se
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement Between Debtor and Arrowhead Credit Union, in the amount of $15,062.10
Re: 2015 Honda Civic
Docket 11
- NONE LISTED -
Debtor(s):
Leeana Tucker Represented By Daniel King
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement Between Debtor and American Honda Finance Corporation, in the amount of $15,218.83
Re: 2015 Honda Accord
Docket 21
- NONE LISTED -
Debtor(s):
Jessica Reyes Represented By Daniel King
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
Hrg. on Chapter 11 Status Conference (Cont. from 2/6/18)
(Date and time approved by Chambers)
EH
Docket 0
Tentative for 3/07/18:
None listed.
****************************************************************************** Tentative for 2/06/18:
This matter is CONTINUED to 3/7/18 at 10:00 a.m. to coincide with the hearing on the amended disclosure statement.
Appearances are excused.
****************************************************************************** Tentative for 12/12/17:
None listed.
****************************************************************************** Tentative for 10/03/17:
10:00 AM
This matter is CONTINUED to November 14, 2017 at 1:30 p.m. A status report is due 14 days in advance.
Appearances for the 10/03/17 hearing are excused.
*************************************************************************** Tentative for 5/9/17:
On 3/21/17, as Dk. No. 3, the Court entered an Order (1) Setting Scheduling Hearing and Case Management Conference and (2) Requiring Status Report ("Order"). The Order scheduled the status hearing for 5/9/17, and, among other things, required the Debtor to serve a copy of the Order on the 20 largest creditors within 48 hours and file a status report 14 days prior to the hearing.
As of the posting of this tentative, it does not appear that any proof of service regarding the Order was filed.
Moreover, while a Status Report was tardily filed on May 2, 2017 [Dk. 36], it fails to fully comply with the Order. Most notably, it does not include the required line-item budget covering the first 60 days of the bankruptcy.
Counsel should be prepared to discuss why this case should not be dismissed for failure to comply with this Court's Order.
Appearances are required.
Debtor(s):
Village News, Inc. Represented By
Robert B Rosenstein
10:00 AM
Hrg. on Debtor's Motion filed 9/8/17 for approval of chapter 11 disclosure statement
(Cont. from 2/6/18)
(Date and time approved by Chambers)
EH
Docket 66
Tentative for 3/07/18:
Tentative is to APPROVE the First Amended Disclosure Statement, provided Debtor provides adequate clarification regarding:
events constituting default under the plan, cure, and procedures for and following possible conversion to a Chapter 7 following default; and
feasibility issues vis a vis differences between the Monthly Operating Reports and the projections attached to the First Amended Disclosure Statement.
Appearances required.
****************************************************************************** Tentative for 2/6/18:
The motion to approve disclosure statement filed on 9/8/17 [Dk. 66], is DENIED based on the concerns raised by the Office of the United States Trustee.
Debtor filed an amended plan and disclosure statement [Dk. 112] six (6) days
10:00 AM
prior to the scheduled hearing on the previous disclosure statement. Permission for the tardy filing, as required by the Local Bankruptcy Rules, was neither sought nor granted. To preserve notice and due process concerns, the Court will CONTINUE this hearing to 3/7/18 at 10:00 a.m. to allow sufficient time for the UST and any interested parties to review and file any appropriate objections to the Amended Disclosure Statement and Plan. Any oppositions and replies are to be filed in accordance with 9013-1.
Debtor is to lodge an appropriate order reflecting the foregoing within seven
(7) days. Debtor is to provide notice of the continued hearing date and opposition deadline, and file an appropriate proof of service, by no later than 2/9/18.
Appearances are excused.
Debtor(s):
Village News, Inc. Represented By
Robert B Rosenstein
1:30 PM
Adv#: 6:17-01237 U.S. Trustee v. Howard et al
STATUS CONFERENCE re: Complaint by U.S. Trustee against Vincent D Howard, Howard Law P.C., Williamson & Howard LLP, Timothy Allen Reed. Complaint For Disgorgement Of Fees, Civil Penalties, And/Or Injunctive And Declaratory Relief
(Cont. from 2/7/18) EH
Docket 1
Tentative for 3/07/18 is to set the following dates/deadlines:
Discovery cutoff: January 15, 2019. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: March 15, 2019. Note: this date includes the date by which all non-discovery motions must be heard and resolved.
4. Continued status conference: August 1, 2018 at 1:30 p.m. A status report is due 14 days in advance. At this continued status conference, the Court will determine whether setting or establishing any further hearings or deadlines is appropriate.
The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may result in the imposition of sanctions, including the striking of the answer and dismissal of the complaint.
Appearances required.
1:30 PM
Debtor(s):
Mario E. Najarro Represented By Timothy Reed Jeffrey A Katz
Defendant(s):
Vincent D Howard Pro Se
Howard Law P.C. Pro Se
Williamson & Howard LLP Pro Se
Timothy Allen Reed Pro Se
Plaintiff(s):
U.S. Trustee Pro Se
Trustee(s):
Arturo Cisneros (TR) Pro Se
1:30 PM
Hrg. on Order To Show Cause Why Timothy Reed, Nancy Jin, The Howard Law Firm, And Vincent Howard Should Not Be Sanctioned $2,000.00 Jointly And Severally And Ordered To Disgorge Fees
(Cont. from 2/7/18) EH
Docket 207
- NONE LISTED -
Debtor(s):
Mario E. Najarro Represented By Timothy Reed Jeffrey A Katz
Movant(s):
United States Trustee (RS) Represented By Mohammad Tehrani
Trustee(s):
Arturo Cisneros (TR) Pro Se
1:30 PM
Adv#: 6:17-01260 Pringle v. American Express Company
STATUS CONFERENCE re: Complaint by John P. Pringle against American Express Company - 548 fraudulent transfer
EH
Docket 1
Tentative for 3/07/18 is to set the following dates/deadlines:
Discovery cutoff: July 31, 2018. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: September 15, 2018. Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial conference: October 17, 2018 at 1:30 p.m.
The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may result in the imposition of sanctions, including the striking of the answer and dismissal of the complaint.
Plaintiff is to lodge a scheduling order within 7 days.
Debtor(s):
Four-D College Represented By Linda A Lindsey Michael G Portner
Defendant(s):
American Express Company Pro Se
1:30 PM
Plaintiff(s):
John P. Pringle Represented By Anthony A Friedman Lindsey L Smith Todd A Frealy
Trustee(s):
John P Pringle (TR) Represented By Juliet Y Oh Todd A Frealy
Anthony A Friedman Keith Levey
1:30 PM
Adv#: 6:17-01261 Pringle v. Bank of America, National Association, f/k/a FIA C
STATUS CONFERENCE re: Complaint by John P. Pringle against Bank of America, National Association, f/k/a FIA Card Services, National Association. Nature of Suit: Recovery of money/property - 548 fraudulent transfer, other
EH
Docket 1
- NONE LISTED -
Debtor(s):
Four-D College Represented By Linda A Lindsey Michael G Portner
Defendant(s):
Bank of America, National Pro Se
Plaintiff(s):
John P. Pringle Represented By Anthony A Friedman Lindsey L Smith Todd A Frealy
Trustee(s):
John P Pringle (TR) Represented By Juliet Y Oh Todd A Frealy
1:30 PM
Anthony A Friedman Keith Levey
1:30 PM
Adv#: 6:17-01262 Pringle v. The United States of America on Behalf of The Unit
STATUS CONFERENCE re: Complaint by John P. Pringle against The United States of America on Behalf of The United States Department of Education.
Nature of Suit: Recovery of money/property - 548 fraudulent transfer, other EH
Docket 1
- NONE LISTED -
Debtor(s):
Four-D College Represented By Linda A Lindsey Michael G Portner
Defendant(s):
The United States of America on Pro Se
Plaintiff(s):
John P. Pringle Represented By Anthony A Friedman Lindsey L Smith Todd A Frealy
Trustee(s):
John P Pringle (TR) Represented By Juliet Y Oh Todd A Frealy
Anthony A Friedman Keith Levey
1:30 PM
Adv#: 6:17-01264 Pringle v. E&L Property Management, LLC et al
STATUS CONFERENCE re: Complaint by John P. Pringle against E&L Property Management, LLC, Ernell Smith, Linda Smith - 547, 548
EH
Docket 1
Tentative for 3/07/18 is to set the following dates/deadlines:
Discovery cutoff: July 31, 2018. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: September 15, 2018. Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial conference: October 17, 2018 at 1:30 p.m.
The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may result in the imposition of sanctions, including the striking of the answer and dismissal of the complaint.
Plaintiff is to lodge a scheduling order within 7 days.
Debtor(s):
Four-D College Represented By Linda A Lindsey Michael G Portner
1:30 PM
Defendant(s):
E&L Property Management, LLC Pro Se
Ernell Smith Pro Se
Linda Smith Pro Se
Plaintiff(s):
John P. Pringle Represented By Anthony A Friedman Lindsey L Smith Todd A Frealy
Trustee(s):
John P Pringle (TR) Represented By Juliet Y Oh Todd A Frealy
Anthony A Friedman Keith Levey
1:30 PM
Adv#: 6:17-01265 Pringle v. Smith
STATUS CONFERENCE re: Complaint by John P. Pringle against Ernell Smith. Nature of Suit: - 547, 548
EH
Docket 1
Tentative for 3/07/18 is to set the following dates/deadlines:
Discovery cutoff: July 31, 2018. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: September 15, 2018. Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial conference: October 17, 2018 at 1:30 p.m.
The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may result in the imposition of sanctions, including the striking of the answer and dismissal of the complaint.
Plaintiff is to lodge a scheduling order within 7 days.
Debtor(s):
Four-D College Represented By Linda A Lindsey Michael G Portner
1:30 PM
Defendant(s):
Ernell Smith Pro Se
Plaintiff(s):
John P. Pringle Represented By Anthony A Friedman Lindsey L Smith Todd A Frealy
Trustee(s):
John P Pringle (TR) Represented By Juliet Y Oh Todd A Frealy
Anthony A Friedman Keith Levey
1:30 PM
Adv#: 6:17-01208 Steven M. Speier, solely in his capacity as Chapte v. American High Reach,
STATUS CONFERENCE re: Complaint by Steven M. Speier, solely in his capacity as Chapter 7 Trustee for the bankruptcy estate of Elite Tower Professionals LLC against American High Reach, Inc.. Nature of Suit: (12 (Recovery of money/property - 547 preference))
(Cont. from 1/10/18) EH
Docket 1
Tentative for 3/07/18:
Plaintiff has not filed a status report nor has Plaintiff prosecuted the motion for default judgment filed 1/3/18 [Dk. 13].
Appearances required.
***************************************************************************** Tentative for 1/10/18:
The Court has received and reviewed the Status Report filed on 12/29/17 [Dk. 5]. This Status Conference is CONTINUED to March 7, 2018, at 1:30 p.m. to allow for resolution of Plaintiff's pending Motion for Entry of Default Judgment filed on 1/3/18 [Dk. 13].
Appearances are excused.
Debtor(s):
Elite Tower Professionals LLC Represented By Michael Jay Berger
1:30 PM
Defendant(s):
American High Reach, Inc. Pro Se
Plaintiff(s):
Steven M. Speier, solely in his Represented By Marc C Forsythe
Trustee(s):
Steven M Speier (TR) Represented By Robert P Goe
1:30 PM
Adv#: 6:17-01209 Steven M. Speier, solely in his capacity as Chapte v. GlenMartin Holding
STATUS CONFERENCE re: Complaint by Steven M. Speier, solely in his capacity as Chapter 7 Trustee for the bankruptcy estate of Elite Tower Professionals LLC against GlenMartin Holding Co., LLC Nature of Suit: (12 (Recovery of money/property - 547 preference))
(Cont. from 1/10/180 EH
Docket 1
Tentative for 3/07/18:
Plaintiff has not filed a status report nor has Plaintiff prosecuted the motion for default judgment filed 1/3/18 [Dk. 13].
Appearances required.
****************************************************************************** Tentative for 1/10/18:
The Court has received and reviewed the Status Report filed on 12/29/17 [Dk. 5]. This Status Conference is CONTINUED to March 7, 2018, at 1:30 p.m. to allow for resolution of Plaintiff's pending Motion for Entry of Default Judgment filed on 1/3/18 [Dk. 13].
Appearances are excused.
Debtor(s):
Elite Tower Professionals LLC Represented By Michael Jay Berger
1:30 PM
Defendant(s):
GlenMartin Holding Co., LLC Pro Se
Plaintiff(s):
Steven M. Speier, solely in his Represented By Marc C Forsythe
Trustee(s):
Steven M Speier (TR) Represented By Robert P Goe
1:30 PM
Adv#: 6:17-01115 Romex Textiles, Inc. v. Ra
PRE-TRIAL CONFERENCE re: Complaint by re: Complaint by Romex Textiles, Inc. against Sung Su Ra - 523(a)(4), 523(a)(6)
(Cont. from 3/6/18) EH
Docket 1
Tentative for 3/07/18:
This matter has been resolved and is CONTINUED to May 3, 2018 at 1:30
p.m. pending performance of the settlement agreement. If the matter is not dismissed, Plaintiff is to file a status report 14 days prior to the continued hearing.
Appearances are excused.
Debtor(s):
Sung Su Ra Represented By
Young K Chang
Defendant(s):
Sung Su Ra Represented By
Young K Chang
Plaintiff(s):
Romex Textiles, Inc. Represented By Nico N Tabibi
1:30 PM
Trustee(s):
Karl T Anderson (TR) Pro Se
11:00 AM
Hearing RE: Application For Compensation And Reimbursement Of Expenses For The Period From March 19, 2013 Through May 5, 2015
(Application filed 1/25/18)
[RE: JAENAM J. COE, PC - Attorney For Debtor] [Fees: $42,669.00; Expenses: $1,754.40]
Docket 534
Tentative for 3/7/18 is to DENY.
Counsel for a Chapter 7 debtor may not be paid from property of the Estate unless he is employed by the Chapter 7 trustee and such employment is approved by the Court. 11 U.S.C. §§ 330(a)(1), 503(b); Lamie v. United States Trustee, 540 U.S. 526 (2004). Applicant is Debtor’s counsel of record, and has never sought or received approval of his employment by the Court. Applicant has not provided any legal or factual justification for departure from the general rule that a debtor’s counsel may not be compensated from the estate without court-approval of his employment. Thus, Applicant’s fees are denied.
As Applicant’s fees are denied as a matter of law, the Court will not review them for reasonableness.
If the Trustee believes that any fees already paid to Applicant are inappropriate, she should file a separate motion to disgorge.
Appearances required.
11:00 AM
Debtor(s):
Woori The Winners Inc Represented By Jaenam J Coe
Trustee(s):
Lynda T. Bui (TR) Represented By David M Goodrich Steven Werth
11:00 AM
Adv#: 8:15-01419 Marshack v. Prudential Financial, Inc.
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For Avoidance,
Recovery, And Preservation Of Fraudulent Transfers
[11 U.S.C. Sections 544, 548, 550, And 551; Cal. Civ. Code Sections 3439 et seq.]
(Complaint filed 10/27/15) (PTC set at S/C held 3/9/16)
FR: 3-9-16; 9-28-16, 11-3-16; 4-19-17; 6-14-17; 8-16-17; 10-18-17
Docket 1
- NONE LISTED -
Debtor(s):
DRI Companies Represented By Todd C. Ringstad
Christopher Minier Brian R Nelson
Defendant(s):
Prudential Financial, Inc. Represented By Jeffrey D Cawdrey Jennifer E Duty
Plaintiff(s):
Richard A. Marshack Represented By Judith E Marshack Chad V Haes
11:00 AM
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays Chad V Haes Kyra E Andrassy Judith E Marshack
Leonard M Shulman Melissa Davis Lowe
11:00 AM
Hearing RE: Trustee's Motion (1) To Approve Sale Of Real Property At 950 W. Bois D'Arc, Celina, Texas Free And Clear Of Liens And Claims, (2) To Pay Brokers' Commissions, And (3) For Reimbursement Of Expenses Advanced By Broker
(Motion filed 2/7/18)
Docket 87
Tentative for 3/07/18 is to GRANT. Trustee is to conduct an auction.
Debtor(s):
Sean Michael Edwards Represented By Michael A Wallin
Trustee(s):
Jeffrey I Golden (TR) Represented By Eric P Israel
Michael G D'Alba
11:00 AM
Hearing RE: Debtor's Motion To Avoid Lien Under 11 U.S.C. Section 522(f) (Real Property) With Daniel Keith Larson
(Motion filed 12/15/17)
(Set per Notice Hearing filed 2/8/17)
Docket 66
- NONE LISTED -
Debtor(s):
Dana Kim Shelton Represented By Christopher P Walker
Trustee(s):
Richard A Marshack (TR) Represented By
Misty A Perry Isaacson
10:00 AM
CONT'D Motion for relief from stay [Personal Property]
Wollemi Acquisitions, LLC vs. DEBTORS (Motion filed 1/3/18)
[RE: 2013 Hyundai Sonata Sedan 4D GLS I4] [VIN No.: 5NPEB4AC2DH548669]
FR: 1-25-18; 2-8-18
Docket 56
Tentatve for 3/08/18 is to DENY:
Movant has not established standing. Movant is Wollemi Acquisitions, LLC; the security agreement and Certificate of Title attached as Exhibits 1 and 2 to the motion, however, indicate that the secured party is Santander Consumer USA.
Service is improper. The Movant did not serve Santander Consumer USA, which is the entity scheduled by Debtors. LBR 4001-1(c)(1)(C) requires service of a motion for relief from stay on the holder of a lien or encumbrance against the subject property that is known to the movant, scheduled by the debtor, or appears in the public record and any other party entitled to receive notice under FRBP 4001.
Debtor(s):
Christopher Maldonado Represented By Rajiv Jain
Joint Debtor(s):
Ria Ann Maldonado Represented By
10:00 AM
Trustee(s):
Rajiv Jain
Weneta M Kosmala (TR) Represented By Lynda T Bui Rika Kido
10:00 AM
Adv#: 8:18-01006 Richard A. Marshack, Chapter 7 Trustee, v. Larson et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint:
To Determine The Validity, Priority, And Extent Of Liens;
Objecting To Daniel Keith Larson And Erin Ellen Larson [Claim No. 3] Filed On December 21, 2017;
To Surcharge Lienholders For The Expenses Necessary To Perserve Collateral Securing Their Claims; And
Damages For Violations Of Section 807 Of The FDCPA, 15 U.S.C. Section 1692e
(Complaint filed 1/9/18)
FR: Advanced from 4-18-18
Docket 1
Tentative for 3/08/18 is to set the following dates/deadlines:
Discovery cutoff: June 15, 2018. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: July 15, 2018. Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial conference: August 22, 2018 at 10:00 a.m.
The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may result in the imposition of sanctions, including the striking of the answer and dismissal of the complaint.
Plaintiff is to lodge a scheduling order within 7 days.
10:00 AM
Debtor(s):
Dana Kim Shelton Represented By Christopher P Walker
Defendant(s):
Daniel Keith Larson Pro Se
Erin Ellen Larson Pro Se
Peter Kote Pro Se
BANK OF AMERICA, N.A Pro Se
Plaintiff(s):
Richard A. Marshack, Chapter 7 Represented By
Misty A Perry Isaacson
Trustee(s):
Richard A Marshack (TR) Represented By
Misty A Perry Isaacson
10:00 AM
Adv#: 8:18-01006 Richard A. Marshack, Chapter 7 Trustee, v. Larson et al
CONT'D Hearing RE: Demurrer, Motion To Strike, Motion To Quash Chapter 7 Trustee's Complaint (1) To Determine The Validity, Priority, And Extent Of Liens
(2) Objecting To Daniel Keith Larson And Erin Ellen Larson Claim No. 31 Filed On December 21, 2017; (3) To Surcharge Lienholders For The Expenses Necessary To Preserve Collateral Securing Their Claims; And (4) Damages For Violations Of Section 807 Of The FDCPA, 15 U.S.C. Section 1692e
(Motion filed 2/13/18)
FR: (Advanced from 4-18-18)
Docket 13
- NONE LISTED -
Debtor(s):
Dana Kim Shelton Represented By Christopher P Walker
Defendant(s):
Daniel Keith Larson Pro Se
Erin Ellen Larson Pro Se
Peter Kote Represented By
Jeffrey Chiao Hsu
BANK OF AMERICA, N.A Represented By Timothy G Ceperley
Plaintiff(s):
Richard A. Marshack, Chapter 7 Represented By
10:00 AM
Trustee(s):
Misty A Perry Isaacson
Richard A Marshack (TR) Represented By
Misty A Perry Isaacson
10:00 AM
Hearing RE: Debtor's Motion To Avoid Lien Under 11 U.S.C. Section 522(f) (Real Property) With Daniel Keith Larson
(Motion filed 12/15/17)
(Set per Notice Hearing filed 2/8/17) FR: 3-7-18
Docket 66
Tentative for 3/8/18:
To avoid a lien under § 522(f), the debtor must show: (1) that he has an interest in the homestead property; (2) he is entitled to a homestead exemption; (3) the asserted lien impairs that exemption; and (4) the lien is a judicial lien. See In re Morgan, 149 B.R. 147, 151 (9th Cir. BAP 1993); In re Coy, 552 B.R. 199, 202 (Bankr. C.D. Cal. 2016). The burden is on the debtor, as movant. Id. As set forth below, although the Debtor has met her burden with respect to the first, second, and fourth elements, she cannot at this time prove the lien impairs the exemption due to the disputes regarding the liens affecting the Property, as raised in the adversary complaint [Adversary No.
8:18-ap-01006] ("Complaint"), filed by Richard A. Marshack, Chapter 7 Trustee for the bankruptcy estate of Dana K. Shelton ("Chapter 7 Trustee").
Elements (1) and (2)
In this case, the Debtor has met her burden with respect to the first two elements: as of the Petition Date, she had an interest in the Property, and because the Property was her residence, she is entitled to claim a homestead exemption in the Property.
Element (4): Whether the Lien is a Judicial Lien
The Debtor has also satisfied the fourth element. The lien Debtor seeks to
10:00 AM
avoid was created by the recording of an abstract of judgment on October 21, 2014, in the amount of $18,026.19 ("Lien"). The underlying judgment was entered after a bench trial in Shelton v. Larson, Case No. 30-2013-00638726-CU-OR-CJC ("Judgment"), in which Debtor had unsuccessfully sought, among in other things, to quiet title to the Property, declaratory relief that the Creditors’ lien had been extinguished, and injunctive relief preventing Creditors from further efforts to foreclose on the Property.
The Judgment granted declaratory relief in favor of the Creditors; the monetary award was from attorney’s fees awarded to the Creditors as the prevailing party.
The Creditors have argued that § 522(f)(2)(C), which provides that "[§ 522(f)] shall not apply with respect to a judgment arising out of a mortgage foreclosure," applies to prevent Debtor from avoiding the Lien. This Court disagrees. The few cases that address what constitutes "a judgment arises out of a mortgage foreclosure," narrowly construe the language as a clarification distinguishing a judgment following a judicial foreclosure proceeding from non-voluntary judicial liens that may be avoided. See Banknorth, N.A. v. Hart (In re Hart), 328 F.3d 45, 49 (1st Cir. 2003) (noting the lack of reliable legislative history and interpreting the plain language of the statute); Cal. Cent. Tr. Bankcorp v. Been (In Re Been), 153 F.3d 1034, 1036 (9th Cir. 1998) (allowing avoidance of a lien arising from a deficiency judgment obtained by a junior lienholder sold-out from the sale of another property, finding that the consensual lien had been extinguished by the prior foreclosure and the existing judgment was in fact a non-consensual judicial lien). Further, Collier on Bankruptcy provides the following guidance: "This provision was intended to clarify that a court judgment effectuating a mortgage foreclosure, such as an order authorizing a sale of mortgaged property under a state judicial foreclosure procedure, may not be avoided." 4- 522 Collier on Bankruptcy P 522.11.
In this case, the underlying Judgment results from an award for attorney’s fees after declaratory relief in the Creditors’ favor. Although the Judgment dealt with issues surrounding Creditors’ non-judicial foreclosure efforts, the Judgment did not arise in a case in which the Creditors sought judicial foreclosure, and did not order foreclosure on the Property. The Lien did not result from any consensual obligation. Thus, § 522(f)(2)(C) does not except
10:00 AM
the Lien from judicial liens, and the Lien is a judicial lien that may be avoided under § 522(f).
Element (3): Whether the Lien Impairs Debtor’s Homestead Exemption
The issue then will turn on whether Debtor can establish the third element. The Debtor has not established at this time that the Lien impairs her homestead exemption. Debtor’s Motion lists four liens on the property, including the Lien. Each of these liens is listed in the Debtor’s schedules and forms the basis of a filed proof of claim. However, the Chapter 7 Trustee has filed a Complaint that disputes the extent, validity, or amount of each lien on the Property. The disputes regarding the liens are described in full in the Complaint.
In particular, in the Motion, the first lien is separated into (1) $219, 684.13, the amount owed to the first beneficiary, Mr. Kote (as Trustee of the Barbara and Gerald Larson Revocable Trust), evidenced by Mr. Kote’s Proof of Claim; and
(2) $849,759.26, the amount owed to Daniel and Erin Larson, evidenced by the Larsons’ proof of claim. If the amounts are as claimed in the Motion, then Debtor’s exemption is unquestionably impaired by the third place lien created by the abstract of judgment and sought to be avoided through the Motion. However, the Chapter 7 Trustee’s complaint alleges that the Larsons’ secured claim was no greater than $217,623.36. See Complaint, pg. 11, ¶¶ 63-66. The Chapter 7 Trustee also questions the secured status of Bank of America’s second place lien under 11 U.S.C. § 506(a). If the Chapter 7 Trustee is correct, then Debtor’s homestead likely is not impaired by the third place lien.
Conclusion
This Motion cannot be granted or denied conclusively until this Court determines the extent and amount of liens at issue in the adversary proceeding. The Court is inclined to dismiss the Motion without prejudice, allowing Debtor to refile the Motion after the conclusion of the adversary proceeding, if appropriate.
Appearances required.
10:00 AM
Debtor(s):
Dana Kim Shelton Represented By Christopher P Walker
Trustee(s):
Richard A Marshack (TR) Represented By
Misty A Perry Isaacson
11:00 AM
Hearing RE: Motion By United States Trustee To Dismiss Case Or Convert Case To One Under Chapter 7 Pursuant To 11 U.S.C. Section 1112(b); And Request For Judgment For Quarterly Fees Due And Payable To The U.S.
Trustee At The Time Of The Hearing (Motion filed 2/7/18)
Docket 154
Tentative for 3/8/18:
This matter is unopposed. The motion does not address whether the United States Trustee believes the case should be dismissed or converted to a Chapter 7. The Court would like to hear from the United States Trustee on this issue.
Appearances required.
Debtor(s):
Marzieh Bagheri-Tari Represented By
Yeznik O Kazandjian
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 7/1/17) FR: 8-17-17; 1-11-18
Docket 1
Tentative for 3/08/18:
This matter is CONTINUED to April 5, 2018 at 11:00 a.m. to coincide with the hearing on Debtors' Amended Chapter 11 Disclosure Statement. An updated status report is due 14 days in advance.
Appearances excused.
***************************************************************************** Tentative for 1/11/18:
The Court has received and reviewed the Status Report filed on 12/28/18 [Dk. 130]. The Status Conference is CONTINUED to March 8, 2018, at 11:00 a.m.
Appearances are excused.
******************************************************************************** Tentative for 8/17/17:
The Court has received and reviewed the status report and amended Exhibit A to the status report. The Court is inclined to set the following dates:
The bar date for filing of claims is set for October 20, 2017;
Debtor shall serve Notice of Bar Date to all creditors and parties in interest no later than August 21, 2017;
11:00 AM
The deadline to file objections to claims shall be November 30, 2017;
The deadline for the Debtor to file avoidance actions shall be November 30, 2017;
A Disclosure Statement and Plan must be filed on or before December 29, 2017;
A Continued Status Conference shall be held on January 11, 2018, at 11:00 a.m.
Appearances required.
Debtor(s):
Chrestotes, Inc Represented By David A Tilem
11:00 AM
Hearing RE: Chapter 11 Trustee's Motion for Order Converting The Debtor's Case From Chapter 11 To Chapter 7 Pursuant To 11 U.S.C. Section 1112(b) (Motion filed 2/15/18)
Docket 96
Tentative for 3/8/18 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
JVS Development, LLC Represented By Todd L Turoci
Trustee(s):
Thomas H Casey (TR) Represented By Jeffrey I Golden Beth Gaschen
11:00 AM
Hearing RE: Chapter 11 Trustee's Motion For Order Authorizing Abandonment Of Property Of The Estate Pursuant To 11 U.S.C. Section 554
(Motion filed 2/6/18)
Docket 80
Tentative for 3/8/18 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
JVS Development, LLC Represented By Todd L Turoci
Trustee(s):
Thomas H Casey (TR) Represented By Jeffrey I Golden Beth Gaschen
11:00 AM
Hearing RE: Chapter 11 Trustee's Motion For Order Authorizing Abandonment Of The Estate's Interest In Certain Real Property Located At 13902 Harbor Boulevard, #2A, #6 And #7, Garden Grove, California 92843 Pursuant To 11
U.S.C. Section 554 (Motion filed 2/13/18)
Docket 92
Tentative for 3/8/18 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
JVS Development, LLC Represented By Todd L Turoci
Trustee(s):
Thomas H Casey (TR) Represented By Jeffrey I Golden Beth Gaschen
11:00 AM
Motion for relief from stay [Action In Non-Bankruptcy Forum]
Barry Beitler And Betsy Boyd vs. DEBTOR (Motion filed 2/15/18)
[RE: Demand For Arbitration RE Westcliff Investors, LLC] [Docket Number: N/A]
[Pending In: JAMS, Los Angeles, California]
Docket 309
- NONE LISTED -
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman William N Lobel Babak Samini
11:00 AM
Motion for relief from stay [Action In Non-Bankruptcy Forum]
Barry Beitler vs. DEBTOR (Motion filed 2/15/18)
[RE: Demand For Arbitration RE Mission Medical Investors, LLC] [Docket Number: N/A]
[Pending In: American Arbitration Association, Los Angeles, California]
Docket 308
- NONE LISTED -
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman William N Lobel Babak Samini
11:00 AM
Hearing RE: Motion To Strike Declaration Of Tom Lallas Filed In Support Of Reply To Opposition To Motions For Relief From The Automatic Stay Or, In The Alternative, To Sustain Evidentiary Objections With Respect Thereto
(Motion filed 3/5/18)
Docket 344
- NONE LISTED -
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman William N Lobel Babak Samini
1:30 PM
Adv#: 6:14-01300 Bruner et al v. Singh
Status Conference re: Complaint by John Bruner, Irene Bruner against Pradeep Singh pursuant to §523(a)(2) and §523(a)(4)
(Cont. from 12/13/17) EH
Docket 1
Debtor(s):
Pradeep Singh Represented By
M Wayne Tucker
Defendant(s):
Pradeep Singh Pro Se
Joint Debtor(s):
Rindi P Singh Represented By
M Wayne Tucker
Plaintiff(s):
John Bruner Pro Se
Irene Bruner Pro Se
Trustee(s):
Arturo Cisneros (TR) Pro Se
Arturo Cisneros (TR) Pro Se
U.S. Trustee(s):
United States Trustee (RS) Pro Se
1:30 PM
1:30 PM
Adv#: 6:14-01302 Cooper et al v. Singh
STATUS CONFERENCE Re: Complaint by William Cooper, Cheryl Cooper against Pradeep Singh. false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny))
(Cont. from 12/13/17) EH
Docket 1
3rd Party Defendant(s):
Pradeep Singh Pro Se
3rd Party Plaintiff(s):
Cheryl Cooper Pro Se
William Cooper Pro Se
Debtor(s):
Pradeep Singh Represented By
M Wayne Tucker
Defendant(s):
Pradeep Singh Pro Se
Joint Debtor(s):
Rindi P Singh Represented By
M Wayne Tucker
Plaintiff(s):
William Cooper Represented By
1:30 PM
Gregory W Brittain
Cheryl Cooper Represented By Gregory W Brittain
Trustee(s):
Arturo Cisneros (TR) Pro Se
U.S. Trustee(s):
United States Trustee (RS) Pro Se
1:30 PM
Adv#: 6:14-01304 Taylor v. Singh et al
PRE-TRIAL CONFERENCE RE: Complaint by Carole Taylor against Rindi P Singh, Pradeep Singh. false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(41 (Objection / revocation of discharge - 727(c),(d),(e)))
(Cont. from 12/13/17) EH
Docket 1
Debtor(s):
Pradeep Singh Represented By
M Wayne Tucker
Defendant(s):
Rindi P Singh Represented By
Solomon A Cheifer M Wayne Tucker
Pradeep Singh Represented By
M Wayne Tucker
Joint Debtor(s):
Rindi P Singh Represented By
M Wayne Tucker Solomon A Cheifer
Plaintiff(s):
Carole Taylor Represented By Elliott R Speiser
1:30 PM
Trustee(s):
Arturo Cisneros (TR) Pro Se
Arturo Cisneros (TR) Pro Se
U.S. Trustee(s):
United States Trustee (RS) Pro Se
1:30 PM
Adv#: 6:16-01018 O'Laverty et al v. Far et al
STATUS CONFERENCE re Complaint by Ames Todd O'Laverty, Cheri O'Laverty, Merilee Sousa against Mohammad Far, Ruth Ann Far (523(a)(2), false pretenses, false representation, actual fraud, 523(a)(4), fraud as fiduciary, embezzlement, larceny, 523(a)(6), willful and malicious injury)
(Cont. 11/15/17) EH
Docket 1
Debtor(s):
Mohammad Far Represented By Stephen H Darrow
Defendant(s):
Mohammad Far Represented By Stephen H Darrow
Ruth Ann Far Represented By
Stephen H Darrow
Joint Debtor(s):
Ruth Ann Far Represented By
Stephen H Darrow
Plaintiff(s):
Ames Todd O'Laverty Represented By Ian Landsberg
1:30 PM
Cheri O'Laverty Represented By Ian Landsberg
Merilee Sousa Represented By Ian Landsberg
Trustee(s):
Larry D Simons (TR) Represented By
Howard M Ehrenberg Jessica Vogel
1:30 PM
Adv#: 6:16-01305 Brewer v. Brewer
PRE-TRIAL CONFERENCE re: Complaint by Gregory Brewer against Dawn Brewer (523(a)(2), 548, 523(a)(6))
EH
Docket 1
Debtor(s):
Dawn C Mathews Represented By Andrew S Mansfield
Defendant(s):
Dawn Brewer Pro Se
Plaintiff(s):
Gregory Brewer Represented By Matthew Malczynski
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
Adv#: 8:17-01102 Valencia, Jr v. Bentz
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Determine Dischargability Of Debt
(Complaint filed 6/1217)
(Another Summons issued 6/27/17) (PTC set at S/C held 9/13/17)
FR: 8-30-17; 9-13-17
Docket 1
Debtor(s):
Krista Marie Bentz Represented By Kevin J Kunde
Defendant(s):
Ryann Bradley Bentz Represented By Kevin J Kunde
Joint Debtor(s):
Ryann Bradley Bentz Represented By Kevin J Kunde
Plaintiff(s):
Jose Valencia Jr Represented By Michael A Fluetsch
Trustee(s):
Karen S Naylor (TR) Pro Se
10:00 AM
Adv#: 8:17-01110 Hashemi v. U.S. Department of Education et al
PRE-TRIAL CONFERENCE Hearing RE: Complaint For: Determination That Student Loan Debt Is Dischargeable Pursuant To 11 U.S.C. Section 523(a)(8) (Complaint filed 6/27/17) (Another Summons issued 7/14/17)
(PTC set at S/C held 10/18/17)
(J.P. Morgan Chase Bank, N.A. - Dismissed - See docket no. [14])
Docket 1
Debtor(s):
Suzon Hashemi Represented By Christine A Kingston
Defendant(s):
U.S. Department of Education Represented By Elan S Levey
JP Morgan Chase N.A. Pro Se
PNC Bank, N.A. Pro Se
Deutsche Bank ELT Navient & SLM Pro Se
Plaintiff(s):
Suzon Hashemi Represented By Christine A Kingston
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
Adv#: 8:17-01108 Farmers & Merchants Bank Of Long Beach v. Mugar et al
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt And/Or To Deny A Discharge
(Complaint filed 6/26/17) (PTC set at S/C held 9/13/17)
FR: 9-13-17
Docket 1
Debtor(s):
Bradley B Mugar Represented By Parisa Fishback David Brian Lally
Defendant(s):
Bradley B Mugar Represented By David Brian Lally
Sandra Mugar Represented By David Brian Lally
Joint Debtor(s):
Susan E Mugar Represented By Parisa Fishback David Brian Lally
Plaintiff(s):
Farmers & Merchants Bank Of Long Represented By
Ronald Appel
10:00 AM
Trustee(s):
Richard A Marshack (TR) Represented By Michael G Spector
11:00 AM
Adv#: 8:15-01419 Marshack v. Prudential Financial, Inc.
CONT'D Hearing RE: Defendant Pruco Life Insurance Company's Cross-Motion For Partial Summary Judgment
(Motion filed 5/17/17)
FR: 6-28-17; 8-16-17; 9-13-17; 12-13-17; 1-24-18
Docket 48
Debtor(s):
DRI Companies Represented By Todd C. Ringstad
Christopher Minier Brian R Nelson
Defendant(s):
Prudential Financial, Inc. Represented By Jeffrey D Cawdrey Jennifer E Duty
Plaintiff(s):
Richard A. Marshack Represented By Judith E Marshack Chad V Haes
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays Chad V Haes Kyra E Andrassy
11:00 AM
Judith E Marshack Leonard M Shulman Melissa Davis Lowe
11:00 AM
Adv#: 8:16-01132 Masse v. Carson et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Breach Of Fiduciary Duty By Officers And Directors;
Avoidance Of Fraudulent Transfer Under 11 U.S.C. Sections 548 And 544 And California Civil Code Sections 3439.04(a), 3439.05 (John Carson, Irvine Sensors Corporation;
Avoidance Of Fraudulent Transfer Under 11 U.S.C. Sections 548 And 544 And California Civil Code Sections 3439.04(a) And 3439.05 (GF Acquisitionco 2012)
Avoidance Of Fraudulent Transfer Under 11 U.S.C. Sections 548 And 544 And California Civil Code Sections 3439.05 (John Carson)
Recovery Of Avoided Transfer Under 11 U.S.C. Section 550 And California Civil Code 3439.07;
Objection And Disallowance Of Proof Of Claim Numbers 2, 8, 10, 21, 22, 23, 24, 25, 27, 66, 99, 131; And
Equitable Subordination Of Proof Of Claim Numbers 2 And 10 Pursuant To
U.S.C. Section 510(C) (John Carson And Balraj Joll) (Complaint filed 5/10/16)
(Another Summons issued 6/3/16)
[Griffin Partners, LLC, a California limited liability company - Dismissed 9- 6-16 - Docket No. 24]
[Griffin Fund, L.P. a California limited partnership - Dismissed 9-6-16 - Docket No. 24]
FR: 8-4-16; 9-1-16; 3-16-17; 10-12-17; 10-19-17; 12-21-17
Docket 1
Debtor(s):
ISC8 Inc. Represented By
11:00 AM
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
Defendant(s):
John Carson Represented By
Kyra E Andrassy Philip E Strok Robert S Marticello
Marc Dumont Represented By Kyra E Andrassy Philip E Strok
Robert S Marticello
GF Acquisitionco 2012, LLC Represented By Kyra E Andrassy Philip E Strok
Robert S Marticello
Irvine Sensors Corporation Represented By Kyra E Andrassy Philip E Strok
Robert S Marticello
Jack Johnson Represented By
Kyra E Andrassy Philip E Strok Robert S Marticello
Balraj Roll Pro Se
Seth Hamot Represented By
Kyra E Andrassy Philip E Strok Robert S Marticello
Thomas Kelly Represented By Kyra E Andrassy
11:00 AM
Philip E Strok Robert S Marticello
Edward Scollins Represented By Kyra E Andrassy Philip E Strok
Robert S Marticello
Chester White Represented By Kyra E Andrassy Philip E Strok
Robert S Marticello
Robert Wilson Represented By Kyra E Andrassy Philip E Strok
Robert S Marticello
Balraj Joll Represented By
Kyra E Andrassy Philip E Strok Robert S Marticello
Plaintiff(s):
Alfred M. Masse Represented By Robyn B Sokol Kyra E Andrassy
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Santander Consumer USA ,Inc. vs. DEBTOR, Charles W. Daff, trustee (Motion filed 2/13/18)
Re: 2014 NISSAN SENTRA, VIN 3N1AB7AP4EL693672
EH
Docket 17
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Rodrigo Gonzalez Martinez Represented By Luis G Torres
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Santander Consumer USA, Inc. vs. DEBTOR (Motion filed 2/9/18)
Re: 2014 MAZDA 6, VIN JM1GJ1V67E1155306
EH
Docket 25
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
William P VanDerWeele Represented By Sundee M Teeple
Trustee(s):
Robert Whitmore (TR) Represented By Franklin C Adams
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Santander Consumer USA ,Inc. vs. DEBTOR, Karl Anderson, trustee (Motion filed 2/9/18)
Re: 2015 FIAT 500L, VIN ZFBCFABH6FZ030406
EH
Docket 13
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Susan D. Hoskins Represented By Patricia M Ashcraft
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Santander Consumer USA, Inc. vs. DEBTORS (Motion filed 2/6/18)
Re: 2015 NISSAN VERSA, VIN 3N1CN7AP8FL836754
EH
Docket 11
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Michael Harrison Represented By Jasmine Pico
Joint Debtor(s):
Kyonna Fuselier Harrison Represented By Jasmine Pico
10:00 AM
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
Malcolm Cisneros, A Law Corporation - movant attorney Motion for Relief from Stay
U.S. Bank Trust vs. DEBTOR (Motion filed 2/22/18)
Re: 745 E 5th St., Ontario, CA 91764 EH
Docket 8
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Joseph N Duguay II Represented By Andy C Warshaw
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
Severson & Werson, P.C. - movant attorney Motion for Relief from Stay
Ally Bank vs. DEBTORS (Motion filed 2/21/18)
Re: 2015 Chevrolet Cruze Vin # 1G1PA5SG3F7280895 EH
Docket 8
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Oscar Ynelis Matos Represented By Edgar P Lombera
Joint Debtor(s):
Miriam Yanett Matos Represented By Edgar P Lombera
10:00 AM
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
Severson & Werson, P.C. - movant attorney Motion for Relief from Stay
Ally Financial, Inc. vs. DEBTORS (Motion filed 2/21/18)
Re: 2015 Chevrolet Cruze Vin # 1G1PA5SG8F7206792 EH
Docket 9
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Oscar Ynelis Matos Represented By Edgar P Lombera
Joint Debtor(s):
Miriam Yanett Matos Represented By Edgar P Lombera
10:00 AM
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
James M. Blucker - movant attorney Motion for Relief from Stay
Geanie YJL Cai vs. DEBTORS (Motion filed 3/6/18)
Re: 12849 San Juan St. Victorville, CA 92395 EH
Docket 11
Tentative for 3/20/18 is to DENY for improper service.
Movant failed to serve Debtor, as required by LBR 4001-1(c)(1)(A).
If the issue of service was cured or waived, Movant's request for extraordinary relief (¶¶ 7, 9, 10, 11) would be DENIED as Movant submits no facts demonstrating the granting of such relief.
Appearances required.
Debtor(s):
Rodney Desean Leverett Sr. Represented By Nicholas M Wajda
Joint Debtor(s):
Lecrescia Marlene Leverett Represented By Nicholas M Wajda
10:00 AM
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
Cate Legal Group - movant attorney Motion for Relief from Stay
Cynthia Web and Sue I. Glaze vs. DEBTOR (Motion filed 2/28/18)
Re: RE: Webb v. Sill (RSC Case No: SWC1702124); 22751 Cove View, Canyon Lake, CA 92587
EH
Docket 8
- NONE LISTED -
Debtor(s):
Hector Preciado Cervantes Pro Se
Trustee(s):
Karl T Anderson (TR) Pro Se
11:00 AM
Hrg. on trustee's final report; applications for compensation EH
Docket 0
Tentative for 3/20/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Mutual Care Management, Inc. Represented By Lazaro E Fernandez
Trustee(s):
Steven M Speier (TR) Represented By Robert P Goe
Steven M Speier (TR)
------ Goe&forsythe Llp
11:00 AM
Hrg. on attorney for chapter 7 trustee's application filed 2/13/18 for Compensation for The Turoci Firm, Trustee's Attorney, Period: 1/4/2017 to 2/2/2018, Fee: $9,855.00, Expenses: $216.91
EH
Docket 33
Tentative is to DENY without prejudice.
The Application does not provide the following information as required by LBR 2016-1(a)((1)(A), which provides as follows:
Chapter 7. Applicant must report the status of administration of the estate, discussing the actions taken to liquidate property of the estate, the property remaining to be administered, the reasons the estate is not in a position to be closed, and whether it is feasible to pay an interim dividend to creditors.
All Cases. Applicant must disclose the amount of money on hand in the estate and the estimated amount of other accrued expenses of administration. At the hearing on an application for interim fees the applicant should be prepared to supplement the application by declaration or by testimony to inform the court of the current financial status of the debtor's estate.
Absent this information, the Court cannot complete its determination of the reasonableness of the fees sought.
Appearances required.
11:00 AM
Debtor(s):
Maria Hazhel Ylagan Cosico Represented By Nathan Fransen Julie Philippi
Trustee(s):
Robert Whitmore (TR) Represented By Julie Philippi
11:00 AM
Hrg. on approval of trustee's final report; applications for compensation EH
Docket 0
Tentative for 3/20/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Nadia Salib Represented By
Stephen B Mashney
Trustee(s):
Larry D Simons (TR) Pro Se
11:00 AM
Hrg. on approval of trustee's final report and applications for compensation EH
Docket 0
Tentative for 3/20/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Norell Vacharapornsophon Represented By Daniel King
Trustee(s):
Larry D Simons (TR) Pro Se
11:00 AM
Hrg. on Trustee's Application filed 2/8/18 to Employ RE/MAX Full Spectrum and RE/MAX 5 Star Realty as Real Estate Broker
EH
Docket 132
Tentative for 3/20/18:
The Trustee should appear and discuss the proposed 10% commission and the Debtor needs to produce at the hearing a less expensive broker and actual potential sales. Discussion on all issues will ensue.
Appearances required.
Debtor(s):
River Crest Estates, LLC Represented By Todd L Turoci
Trustee(s):
Larry D Simons (TR) Represented By Carmela Pagay Todd A Frealy
11:00 AM
Hrg. on attorney for chapter 7 trustee Motion filed 2/15/18 Objections to Debtor's Exemptions of Personal Injury Claim and Class Action Lawsuit Claim
EH
Docket 27
Tentative for 3/20/18:
With respect to the exemption ("Class Action Exemption") claimed by the Debtor in any proceeds arising from the "Class Action Lawsuit - Francisco Zubia vs. Shamrock Foods Company (wages)," these proceeds do not qualify as paid earnings which may be exempted under C.C.P § 704.070. Thus, Trustee's objection to the Class Action Exemption is SUSTAINED. The Court inquires whether Debtor has any other exemption which would cover this asset.
The Ninth Circuit Bankruptcy Appellate Panel informs bankruptcy courts to examine evidence presented by both the Trustee and the Debtor in determining to what extent recovery from a personal injury cause of action is "necessary for the support of the judgment debtor," and thus exempt under
C.C.P § 704.140(a) and (b). See In re Smith, No. 1:10-BK-11054, 2017 WL 1457942 (B.A.P. 9th Cir. Apr. 24, 2017); In re Gose, 308 B.R. 41, 48 (B.A.P. 9th Cir. 2004). This Court thus will conduct an evidentiary hearing on the issue of to what extent the Recovery from the Personal Injury Claim is necessary for the support of Debtor and his dependents, and will request proposed dates from both parties for an evidentary hearing. Live testimony, as well as statements offered in declaration form and subject to live cross- examination, will be allowed.
11:00 AM
Appearances required.
Debtor(s):
William P VanDerWeele Represented By Sundee M Teeple
Trustee(s):
Robert Whitmore (TR) Represented By Franklin C Adams Cathy Ta
11:00 AM
Hrg. on Debtor's Motion filed 12/11/17 for Redemption of 2016 Nissan Sentra Sedan 4 Door Financed Through Capital One Auto Finance
(Cont. from 2/20/18) EH
Docket 11
- NONE LISTED -
Debtor(s):
Marcus Ixchel Richard Represented By Allan S Williams
Trustee(s):
Arturo Cisneros (TR) Pro Se
11:00 AM
Hrg. on Debtor's Motion filed 2/26/18 to vacate dismissal EH
Docket 16
- NONE LISTED -
Debtor(s):
Alicia Ann Reynolds Pro Se
Trustee(s):
Karl T Anderson (TR) Pro Se
1:30 PM
Hrg. on Order to Show Cause re: Vacation of Confirmation Order and Conversion of Dismissal of Case
EH
Docket 0
Tentative for 3/20/18:
On February 20, 2018, the Court entered an Order to Show Cause [Dk. 166] regarding why the order approving Debtor's plan should not be vacated and the Chapter 11 case dismissed or converted due to Debtor's failure to either file a Post-Confirmation status report for or appear at the Post-Confirmation Status Conference on February 20, 2018 at 1:30 p.m. Responses were due March 6, 2018. As of the posting of this tentative, no response has been filed.
The Court is inclined to vacate the order confirming the plan and either dismiss or convert the case, but would like input from the UST regarding whether the case should be dismissed or converted to Chapter 7.
Appearances required.
Debtor(s):
MJM Ventures, Inc. Represented By John B Lightfeldt
1:30 PM
Hrg. on Post Confirmation Chapter 11 Status Conference (Cont from 2/20/18)
EH
Docket 0
Tentative for 3/20/18:
As of the posting of this tentative, no status report or response to the Order to Show Cause [Dk. 166] has been filed.
The Court is inclined to vacate the order confirming the plan and either dismiss or convert the case, but would like input from the UST regarding whether the case should be dismissed or converted to Chapter 7.
Appearances required.
*********************************************************************************** Tentative for 2/20/18:
As of the posting of this tentative, no Status Report has been filed. What is the status of this case?
The Court is inclined to sanction Debtor $100 for failure to timely file a status report as required in the previous tentative.
*********************************************************************************** Tentative for 10/17/17:
The Court has received and reviewed the Status Report filed 10/13/17 [Dk.
1:30 PM
159]. The Post-Confirmation Status Conference is continued to February 20, 2017, at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
MJM Ventures, Inc. Represented By John B Lightfeldt
1:30 PM
Hrg. on Application for Compensation -- Application For Payment Of: Final Fees And/Or Expenses (11 U.S.C. §330), Wilshire Partners of CA, LLC, Accountant, Period: 1/15/2016 to 2/7/2018, Fees: $17,853.00, Expenses: $269.46
EH
Docket 548
Tentative for 3/20/18 is to APPROVE.
Any estate funds available for payment of approved administrative claims shall be distributed only in accordance with the terms set out in the Order Granting Chapter 11 Trustee’s Motion to Dismiss the Case, entered 1/16/18 [Dk. 534].
Note: This matter appears to be uncontested. Accordingly, no court appearance by Applicant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Applicant will be so notified.
Applicant to lodge an order within seven (7) days.
Debtor(s):
Wrightwood Guest Ranch LLC Represented By Riley C Walter
Michael L Wilhelm Amelia Puertas-Samara
Trustee(s):
Richard J Laski (TR) Represented By Aram Ordubegian
M Douglas Flahaut
1:30 PM
Sevan Gorginian
1:30 PM
Hrg. on Application filed 12/14/18 for Compensation -- First And Final Fee Application Of Arent Fox LLP, General Bankruptcy Counsel To Chapter 11 Trustee, For Allowance Of Compensation And Reimbursement Of Expenses For The Period From January 20, 2016 To January 30, 2018
EH
Docket 544
Tentative for 3/20/18 is to APPROVE.
Any estate funds available for payment of approved administrative claims shall be distributed only in accordance with the terms set out in the Order Granting Chapter 11 Trustee’s Motion to Dismiss the Case, entered 1/16/18 [Dk. 534].
Note: This matter appears to be uncontested. Accordingly, no court appearance by Applicant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Applicant will be so notified.
Applicant to lodge an order within seven (7) days.
Debtor(s):
Wrightwood Guest Ranch LLC Represented By Riley C Walter
Michael L Wilhelm Amelia Puertas-Samara
Trustee(s):
Richard J Laski (TR) Represented By Aram Ordubegian
1:30 PM
M Douglas Flahaut Sevan Gorginian
1:30 PM
Hrg. Application filed 2/15/18 for Compensation for Riley C Walter, Debtor's Attorney, Period: 8/26/2015 to 1/15/2016, Fee: $196,330.00, Expenses:
$13,006.40, for Walter & Wilhelm Law Group, Debtor's Attorney, Period: 8/26/2015 to 1/15/2016, Fee: $196,330.00, Expenses: $13,006.40
EH
Docket 546
Tentative for 3/20/18 is to APPROVE.
Any estate funds available for payment of approved administrative claims shall be distributed only in accordance with the terms set out in the Order Granting Chapter 11 Trustee’s Motion to Dismiss the Case, entered 1/16/18 [Dk. 534].
Note: This matter appears to be uncontested. Accordingly, no court appearance by Applicant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Applicant will be so notified.
Applicant to lodge an order within seven (7) days.
Debtor(s):
Wrightwood Guest Ranch LLC Represented By Riley C Walter
Michael L Wilhelm Amelia Puertas-Samara
Trustee(s):
Richard J Laski (TR) Represented By Aram Ordubegian
1:30 PM
M Douglas Flahaut Sevan Gorginian
1:30 PM
Hrg. on Application for Compensation -- Richard J. Laski, chapter 11 trustee Application For Payment Of: Final Fees And/Or Expenses (11 U.S.C. §330), Trustee Chapter 9/11, Period: 1/15/2016 to 2/7/2018, Fee: $268,327.94
EH
Docket 543
Tentative for 3/20/18 is to APPROVE.
Any estate funds available for payment of approved administrative claims shall be distributed only in accordance with the terms set out in the Order Granting Chapter 11 Trustee’s Motion to Dismiss the Case, entered 1/16/18 [Dk. 534].
Note: This matter appears to be uncontested. Accordingly, no court appearance by Applicant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Applicant will be so notified.
Applicant to lodge an order within seven (7) days.
Debtor(s):
Wrightwood Guest Ranch LLC Represented By Riley C Walter
Michael L Wilhelm Amelia Puertas-Samara
Trustee(s):
Richard J Laski (TR) Represented By Aram Ordubegian
M Douglas Flahaut
1:30 PM
Sevan Gorginian
1:30 PM
Hrg. on Application for Compensation [Final] filed 2/14/18 for Reid & Hellyer, APC, Creditor Committee attorneys, Period: 10/5/2015 to 2/14/2018, Fees:
$58,781.50, Expenses: $1,249.81 EH
Docket 540
Tentative for 3/20/18 is to APPROVE.
Any estate funds available for payment of approved administrative claims shall be distributed only in accordance with the terms set out in the Order Granting Chapter 11 Trustee’s Motion to Dismiss the Case, entered 1/16/18 [Dk. 534].
Note: This matter appears to be uncontested. Accordingly, no court appearance by Applicant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Applicant will be so notified.
Applicant to lodge an order within seven (7) days.
Debtor(s):
Wrightwood Guest Ranch LLC Represented By Riley C Walter
Michael L Wilhelm Amelia Puertas-Samara
Trustee(s):
Richard J Laski (TR) Represented By Aram Ordubegian
1:30 PM
M Douglas Flahaut Sevan Gorginian
1:30 PM
Hrg. on Order to Show Cause why this chapter 11 bankruptcy case should not be dismissed or converted to chapter 7 for failure to comply with requirements of the United States Trustee
EH
Docket 0
Tentative for 3/20/18:
The Court has received and reviewed the Declaration of Michael J. Allison timely filed on March 16, 2018 [Dk. 49], which represents that the Debtor is now in full compliance with the UST's requirements. The Court also notes that the monthly operating reports for December 2017 [Dk. 43] and January 2018 [Dk. 44] were filed on February 28, 2018, and the monthly operating report for February 2018 was timely filed on March 14, 2018 [Dk. 45].
In light of the foregoing, the OSC issued as part of the Scheduling Order entered on February 20, 2018 [Dk. 41] is discharged.
No appearances required.
Debtor(s):
Mario Antonio Garcia Sr. Represented By Michael J Allison
Joint Debtor(s):
Veronica Bolanos Garcia Represented By Michael J Allison
1:30 PM
Adv#: 6:17-01253 Zamora et al v. Rodriguez
Hrg. on Order to Show Cause why the answer should not be stricken for failure of Defendant to appear at Status Conference, held on 2/21/18
EH
Docket 0
Tentative for 3/21/18 is to DISCHARGE the OSC.
The Defendant is specifically advised that if at any time she is not represented by counsel, that she must continue to comply with all rules and deadlines, even if that requires appearing at hearings and filing documents on her own behalf.
All parties are specifically advised that the failure to cooperate and comply with the scheduling order and all applicable federal and local rules may result in the imposition of monetary and/or non-monetary sanctions, including the striking of the answer and dismissal of the action.
Appearances are excused. Defendant is to lodge an appropriate order within seven (7) days.
Debtor(s):
Gabriela Rodriguez Represented By Edgar P Lombera
Defendant(s):
Gabriella Rodriguez Pro Se
Plaintiff(s):
Hilda H Zamora Represented By
1:30 PM
Leonard J Cravens
Caronna, Johnson & Zamora, LLP Represented By
Leonard J Cravens
Trustee(s):
Lynda T. Bui (TR) Pro Se
9:30 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And Toyota Motor Credit Corporation
(Motion filed 12/15/2017)
[ES CASE]
[RE: 2013 Mercedes E Class - Amount: $24, 508.87] [VIN No.: WDDHF5KB2DA675738]
Docket 22
- NONE LISTED -
Debtor(s):
Daenah Denh Chi Represented By Leigh E Ferrin
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:30 AM
Hearing RE: Reaffirmation Agreement Between Debtor And JPMorgan Chase Bank, N.A.
(Motion filed 12/27/17)
[ES CASE]
[RE: 2011 Land Rover - LR4 - Amount: $14,177.36]
Docket 18
- NONE LISTED -
Debtor(s):
Martin Curtis Represented By
Peter Rasla
Joint Debtor(s):
Asha Curtis Represented By
Peter Rasla
Trustee(s):
Richard A Marshack (TR) Pro Se
9:30 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And Santander Consumer USA Inc.; As Servicer For GE
(Motion filed 2/7/18)
[ES CASE]
[RE: 2007 Eclipse ATTL19LK - Amount: $2,632.42] [VIN No.: 5LZBE19217R008547]
Docket 11
- NONE LISTED -
Debtor(s):
John Anthony Ledesma Pro Se
Trustee(s):
Richard A Marshack (TR) Pro Se
9:30 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And Santander Consumer USA Inc
(Motion filed 2/23/2018)
[CB CASE]
[RE: 2016 Dodge Dart - Amount: $12,705.78] [VIN No.: 1C3CDFAA2GD533423]
Docket 12
- NONE LISTED -
Debtor(s):
Sandra Clay Pro Se
Trustee(s):
Richard A Marshack (TR) Pro Se
9:30 AM
Hearing RE: Reaffirmation Agreement Between Debtor And Toyota Motor Credit Corporation
(Motion filed 2/16/18)
[ES CASE]
[RE: 2017 Toyota Tacoma - Amount: $24,434.56] [VIN No.: 3TMAZ5CN8HM033030]
Docket 8
- NONE LISTED -
Debtor(s):
Melissa Leones Algoso Represented By Daniela P Romero
Trustee(s):
Thomas H Casey (TR) Pro Se
9:30 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And Toyota Motor Credit Corporation
(Motion filed 2/22/18)
[ES CASE]
[RE: 2013 Scion XB - Amount: $4,260.33] [VIN No.: JTLZE4FEXDJ033630]
Docket 10
- NONE LISTED -
Debtor(s):
Scott A. Nichols Represented By Christine A Kingston
Trustee(s):
Jeffrey I Golden (TR) Pro Se
11:00 AM
Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursment Of Expenses
(Final Report filed 2/15/18)
[RE: KAREN SUE NAYLOR - Chapter 7 Trustee] [Fees: $22,619.62; Expenses: $1,816.56]
[RE: BURD & NAYLOR - Attorneys For Chapter 7 Trustee] [Fees: 46,430.50; Expenses: $1,166.08]
[RE: HAHN FIFE & COMPANY, LLP - Accountant For Chapter 7 Trustee] [Fees: $22,260.50; Expenses: $352.50]
[RE: INDEPENDENT MANAGEMENT SVCS]
[Fees: $1,080.00; Expenses: $0.00]
[RE: LOBEL WEILAND GOLDEN - Attorneys For Chapter 11 Trustee] [Fees: $71,110.00; Expenses: $940.00]
[RE: LAW OFFICES OF STEPHEN R. WADE - Attorney For Debtor]
[Fees: $0.00; Expenses: $2,427.98]
[RE: WENETA M.A. KOSMALA - Chapter 11 Trustee] [Fees: $74,092.37; Expenses: $658.88]
Docket 287
Tentative for 3/21/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late
11:00 AM
opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Cingular Inc. Represented By
Stephen R Wade
W. Derek May Thomas J Polis
Trustee(s):
Karen S Naylor (TR) Represented By William M. Burd
11:00 AM
CONT'D Hearing RE: Application For Payment Of Interim Fees And/Or Expenses For The Period From September 20, 2016 To January 5, 2018
[RE: DONALD W. SIEVEKE - Attorney For Richard A. Marshack, Chapter 7 Trustee]
[Fees: $27,260.00; Expenses: $429.71]
FR: 2-21-18
Docket 49
Tentative for 3/21/18:
None listed.
************************************************************************************ Tentative for 2/21/18 is to CONTINUE to March 21, 2018 at 11:00 a.m. to allow the Applicant to submit supplemental papers addressing the issues identified below. Any supplemental papers must be filed by no later than March 7, 2018.
The Application indicates that Applicant billed 37.5 hours ($14,625) related to "Research, investigation, 341(a) exam, status reports to Trustee." [Dk. page 2, lines 10-12]. This description is amplified by ¶2 of Applicant's Declaration:
I was brought into this case because the Debtor’s schedules reflected several business ownerships, but little or no income. The Trustee asked me to conduct examinations of the Debtor to determine whether there were any assets to be administered. I conducted several examinations of the Debtor and obtained voluminous financial records. I reviewed records from the County Recorder and personally inspected the Debtor’s place of business. I conducted one or more interviews with related business persons, as well as researched the Debtor and
11:00 AM
his businesses on the internet. As a result of this investigation, I concluded that the Debtor was concealing substantial assets.
These tasks appear to be those typically performed by the Chapter 7 Trustee and may not be compensable to counsel. See generally, § 704; In re Garcia, 335 B.R. 717, 725 (B.A.P. 9th Cir. 2005); U.S. Trustee v. Boldt (In re Jenkins), 188 B.R. 416, 420 (9th Cir. BAP 1995); aff'd 130 F.3d 1335 (9th Cir.1997).
Appearances excused.
Debtor(s):
Richard A. Farino Represented By Joseph A Weber
Trustee(s):
Richard A Marshack (TR) Represented By Donald W Sieveke
10:00 AM
Motion for relief from stay [Unlawful Detainer]
BRE Paragon MF Crystal View CA L.P. vs. DEBTOR (Motion filed 2/2218)
[RE: 12092 Adrian Street, Building 5, Unit 208, Garden Grove, CA 92840]
Docket 7
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver. The request for extraordinary relief is DENIED as movant has not presented facts demonstrating that such relief is warranted.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Derek Kaihewalu Pro Se
Trustee(s):
Weneta M Kosmala (TR) Pro Se
10:00 AM
Motion for relief from stay [Personal Property]
Financial Services Vehicle vs. DEBTOR (Motion filed 2/2718)
[RE: 2017 BMW 4 Series Sedan 4D 430i - VIN No: WBA4F7C54HG437984]
Docket 10
- NONE LISTED -
Debtor(s):
James Carl Lundberg Represented By Rex Tran
Trustee(s):
Thomas H Casey (TR) Pro Se
10:00 AM
Motion for relief from stay [Real Property]
Deutsche Bank National Trust Company As Trustee For HSI Asset Securitization Corporation Trust 2007-OPT1, Mortgage Pass-Through Certificates, Series 2007-OPT1 vs. DEBTOR
(Motion filed 2/28/18)
[RE: 16 Santa Sophia, Rancho Santa Margarita, California 92688-2671]
Docket 19
Tentative for 3/22/18 is to DENY:
Service is improper. The movant did not serve the junior lienholder, Specialized Loan Services/SLS or the IRS, both of whom were scheduled by Debtor, as possessing liens secured by the property. LBR 4001-1(c)(1)(B) requires service of a motion for relief from stay on the holder of a lien or encumbrance against the subject property that is known to the movant, scheduled by the debtor, or appears in the public record and any other party entitled to receive notice under FRBP 4001.
Debtor(s):
Keith Kichline Represented By Lionel E Giron
Trustee(s):
Thomas H Casey (TR) Pro Se
10:00 AM
Motion for relief from stay [Unlawful Detainer]
Jack Hojo. vs. DEBTORS
(Motion filed 3/818) (Amended Motion filed 3/12/18)
[RE: 905 E. Balsam Avenue, Anaheim, California 92805]
Docket 13
Tentative for 3/22/18:
This matter is CONTINUED to 4/12/18 at 10:00 a.m. to allow Movant to serve proper notice. On the Notice, Movant checked the box indicating the Motion was being heard on regular notice (i.e. 21 days' notice) with any response due 14 days before the hearing. However, this matter was filed only 14 days prior to the hearing (which is otherwise permissible per the court's shortened notice procedures for motions for relief from stay regarding a residential unlawful detainer action). Movant is to provide the appropriate timely notice by close of business on the date of the hearing.
Appearances excused.
Debtor(s):
Efren Chavez Reyes Represented By Randy Alexander
Joint Debtor(s):
Maria Teresa Carrasco de Chavez Represented By
Randy Alexander
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
11:00 AM
Motion for relief from stay [Action In Nonbankruptcy Forum]
WRW Properties, LLC, A California Limited Liability Company vs. DEBTOR (Motion filed 3/1/18)
[RE: Case Name: WRW Properties, LLC v. JV6S Development LLC et al.] [Docket No.: 30-2017-00939294-CU-OR-CJC]
[Pending In: Superior Court of the State of California, County of Orange, Justice Center]
Docket 103
Tentative for 3/22/18 is to GRANT relief under § 362(d)(1), with waiver of the 14 day stay provided under FRBP 4001(a)(3) and allow Movant to proceed under applicable non bankruptcy law to enforce its remedies to proceed to final judgment in the nonbankruptcy forum, including reducing its claims against the Debtor to judgment, provided that the stay otherwise remains in effect with respect to enforcement of any judgment against the Debtor or property of the Debtor's bankruptcy estate. The Bankruptcy Court shall retain jurisdiction to interpret, implement, and enforce the provisions of this Order.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
JVS Development, LLC Represented By Todd L Turoci
11:00 AM
Trustee(s):
Thomas H Casey (TR) Represented By Jeffrey I Golden Beth Gaschen
11:00 AM
Hearing RE: Emergency Motion For An Order Authorizing Maintenance Of Existing Bank Accounts For A Limited Period Pursuant To 11 U.S.C. Sections 105, 345, and 363
(Motion filed 3/23/18)
Docket 9
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
11:00 AM
Hearing RE: Emergency Motion For Order Authorizing The Use Of Cash Collateral Pursuant To 11 U.S.C. Section 363(c) Through The Final Hearing Date
(Motion filed 3/23/18)
Docket 10
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
1:30 PM
CONT'D Hearing RE: Emergency Motion For Order Authorizing The Use Of Cash Collateral Pursuant To 11 U.S.C. Section 363(c) Through The Final Hearing Date
(Motion filed 3/23/18) FR: 3-28-18
Docket 10
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Movant(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
10:00 AM
Buckley Madole, P.C. - movant attorney Motion for Relief from Stay
Wells Fargo Bank vs. DEBTOR (Motion filed 10/23/17)
(Cont. from 3/6/18)
Re: 1153 Kimbark Ave, San Bernardino, CA 92407-1207 EH
(Tele. appr. Adam Barasch, rep. creditor, Wells Fargo Bank) (Tele. appr Dane Exnowski, rep. creditor, Wells Fargo Bank)
Docket 9
NONE LISTED -
NONE LISTED -
Debtor(s):
Marcus Cheeks Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
10:00 AM
Adv#: 6:17-01232 Cheeks v. Wells Fargo Bank NA
Hrg. on STATUS CONFERENCE re: Complaint by Marcus Cheeks against Wells Fargo Bank NA . (Fee Not Required). Nature of Suit: (11 (Recovery of money/property - 542 turnover of property)) ,(14 (Recovery of money/property - other)) ,(51 (Revocation of confirmation)) ,(62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud))
(Cont. from 3/6/18) EH
(Date and time approved by Chambers)
(Tele. appr Adam Barasch, rep. Defendant, Wells Fargo Bank)
Docket 1
NONE LISTED -
NONE LISTED -
Debtor(s):
Marcus Cheeks Pro Se
Defendant(s):
Wells Fargo Bank NA Pro Se
Plaintiff(s):
Marcus Cheeks Pro Se
10:00 AM
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Vanlochem & Associates LLP - movant attorney Motion for Relief from Stay
Nissan Motor Acceptance Corporation vs. DEBTOR (Motion filed 3/5/18)
Re: 2015 NISSAN ALTIMA, VIN # 1N4AL3AP9FN921515
EH
Docket 17
NONE LISTED -
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Maria Luisa Ramirez Represented By Harriet L. Goldfarb
James D. Hornbuckle
10:00 AM
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Americredit Financial Services, Inc. vs. DEBTOR, Steven M. Speier, trustee (Motion filed 3/7/18)
Re: 2016 Nissan Sentra, VIN: 3N1AB7AP1GY318473
EH
(Tele. appr. Sheryl Ith, rep. creditor, GM Financial)
Docket 12
NONE LISTED -
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Daniel Wayne Duke Represented By
Linda Roberts-Ross
10:00 AM
Joint Debtor(s):
Kelly Duke Represented By
Linda Roberts-Ross
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
Law Office of Bret D. Allen - movant attorney Motion for Relief from Stay
BMW Financial Services NA, LLC vs. DEBTOR (Motion filed 2/2/18)
Re: 2015 NISSAN Pathfinder Utility 4D SV 2WD V6 EH
(Tele. appr Sheryl Ith, rep. creditor, GM Financial)
Docket 12
NONE LISTED -
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
10:00 AM
Debtor(s):
Janellie Francisca Arellano Pro Se
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Americredit Financial Services, Inc. vs. DEBTOR (Motion filed 1/29/17)
Re: 2016 CHEVROLET CRUZE, VIN 1G1BC5SM0G7288156
EH
Docket 10
NONE LISTED -
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Janellie Francisca Arellano Pro Se
10:00 AM
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
Edward G. Schloss - movant attorney Motion for Relief from Stay
Wilmington Savings Fund Society, FSB vs. DEBTOR (Motion filed 3/6/18)
RE: 1165 North Dunward Street, Banning, CA 92220 EH
Docket 15
NONE LISTED -
NONE LISTED -
Debtor(s):
Bernard Gabriel Taylor Pro Se
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Shapiro, Van Ess, Sherman & Marth, LLP - movant attorney Motion for Relief from Stay
USAA Federal Savings Bank vs. DEBTORS (Motion filed 2/2/18)
Re: 6177 Hillary Court, Riverside, CA 92506 EH
Docket 11
NONE LISTED -
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Julius J Hahn Represented By
James F Kajtoch
10:00 AM
Joint Debtor(s):
Larissa M Hahn Represented By James F Kajtoch
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
Law Offices of Austin P. Nagel - movant attorney Motion for Relief from Stay
Toyota Motor Credit Corporation vs. DEBTORS (Motion filed 1/31/18)
Re: 2017 Toyota Tacoma EH
(Tele. appr Austin Nagel, rep. creditor, Toyota)
Docket 12
NONE LISTED -
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver. The request for relief under §362(d)(2) is denied as, pursuant to Movant's own calculations, equity exists.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Matthew A Krechmery Represented By
10:00 AM
Terrence Fantauzzi
Joint Debtor(s):
Regina Krechmery Represented By Terrence Fantauzzi
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Ford Motor Credit Company LLC vs. DEBTOR, John Pringle, trustee (Motion filed 2/28/18)
Re: 2015 Ford Flex, VIN: 2FMGK5B84FBA18092
EH
(Tele. appr Sheryl Ith, rep. creditor, Ford Motor Credit Company)
Docket 17
NONE LISTED -
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Aaron Phillips Represented By Paul Y Lee
10:00 AM
Joint Debtor(s):
Carla Phillips Represented By Paul Y Lee
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Ford Motor Credit Company LLC vs. DEBTOR, Charles Daff, trustee (Motion filed 3/9/18)
Re: 2016 Ford Flex, VIN: 2FMHK6C89GBA14453
EH
(Tele. appr. Sheryl Ith, rep. creditor, Ford Motor Credit Company)
Docket 10
NONE LISTED -
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Ramona Belle Ellis Tefft Represented By Brian J Soo-Hoo
10:00 AM
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
Cate Legal Group - movant attorney Motion for Relief from Stay
Cynthia Web and Sue I. Glaze vs. DEBTOR (Motion filed 2/28/18)
(Cont. from 3/20/18)
Re: RE: Webb v. Sill (RSC Case No: SWC1702124); 22751 Cove View, Canyon Lake, CA 92587
(Case Dismissed but okay by Chambers to leave on calendar)
EH
Docket 8
NONE LISTED -
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver and extraordinary relief as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
10:00 AM
Debtor(s):
Hector Preciado Cervantes Pro Se
Trustee(s):
Karl T Anderson (TR) Pro Se
11:00 AM
Hrg. on Application filed 2/5/18 for Approval and Payment of Contingency Fee to Special Litigation Counsel for Motley Rice LLC, Trustee's Attorney, Period: 1/1/2017 to 2/5/2018, Fee: $33,321.36, Expenses: $11,678.64
EH
(Tele. appr. Helen Frazer, rep. trustee, Helen Frazer)
Docket 31
NONE LISTED -
Amended Tentative for 4/3/18 is to GRANT.
The Court has reviewed its previous tentative and shall treat the fee application as a request to retroactively amend the employment order to approve Counsel's employment with payment authorized under § 328. This request is granted and the employment order is retroactively amended to approve payment under § 328. Thus, for good cause shown, the Application is granted in full.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee or Applicant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee and Applicant will be so notified.
Trustee or Applicant to lodge an order within seven (7) days.
************************************************************************************** Tentative for 4/03/18 is to DENY without prejudice.
11:00 AM
Applicant seeks allowance and payment of a contingency pursuant to § 328. The order approving Applicant's employment, however, authorizes compensation pursuant to §330, which is not addressed.
Appearances required.
Debtor(s):
Manuel Mariano Ramirez Represented By Aruna P Rodrigo
Joint Debtor(s):
Angelia Michelle Ramirez Represented By Aruna P Rodrigo
Trustee(s):
Helen R. Frazer (TR) Pro Se
11:00 AM
Hrg. on Trustee's final report; applications for compensation EH
(Tele. appr Helen Frazer, rep. trustee Helen Frazer)
(Tele. appr John Menchaca, rep. accountant, Menchaca & Company)
Docket 272
NONE LISTED -
Tentative for 4/03/18 is to APPROVE as requested.
Appearances required.
Debtor(s):
PayCare, Inc. Represented By
Mark C Schnitzer
Trustee(s):
Helen R. Frazer (TR) Represented By Mark C Schnitzer Stanley A Harter
11:00 AM
Hrg. on Trustee's final report; applications for compensation EH
Docket 0
NONE LISTED -
Tentative for 4/03/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Lloyd Kenneth Vinson Pro Se
Joint Debtor(s):
Barbara Ann Vinson Pro Se
Trustee(s):
Robert Whitmore (TR) Represented By Scott Talkov Douglas A Plazak
11:00 AM
Hrg. on. Order to Show Cause Re: Why Safety Care Transportation, Inc. should not be held in Contempt of this Court's Order Granting the Trustee's Motion for Rule 2004 Examination of Safety Care Transportation, Inc.
(Cont. from 1/23/18)
EH
Docket 0
NONE LISTED -
NONE LISTED -
Debtor(s):
Agavni Sandaldzhyan Pro Se
Trustee(s):
Howard B Grobstein (TR) Represented By Richard A Marshack David Wood Matthew Grimshaw
11:00 AM
Hrg. on Debtors' Motion filed 3/5/18 to Extend Time to File Reaffirmation Agreement
EH
Docket 20
NONE LISTED -
Tentative for 4/03/18 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Maria Cecil Reyes Apodaca Represented By
Robert B Rosenstein
Joint Debtor(s):
Solomon D. Apodaca Represented By
Robert B Rosenstein
Trustee(s):
Larry D Simons (TR) Pro Se
11:00 AM
Hrg. on Motion filed 2/2/18 by United States Trustee to Dismiss Case with a Re- filing Bar
EH
Docket 8
NONE LISTED -
Tentative for 4/03/18 is to GRANT.
Debtor(s):
Porfirio De La Luz Pro Se
Trustee(s):
Larry D Simons (TR) Pro Se
11:00 AM
Hrg. on Motion filed 2/2/18 by United States Trustee to Dismiss Case with a Re- Filing Bar
EH
Docket 9
NONE LISTED -
Tentative for 4/03/18 is to GRANT.
Debtor(s):
Luis Alfonso Soto Pro Se
Trustee(s):
Charles W Daff (TR) Pro Se
1:30 PM
Hrg. on U.S. Trustee Motion filed 3/1/18 To Convert Or Dismiss Chapter 11 Case
EH
Docket 170
NONE LISTED -
NONE LISTED -
Debtor(s):
MJM Ventures, Inc. Represented By John B Lightfeldt
1:30 PM
Hrg. on Application for Compensation [Final] filed 2/14/18 for Reid & Hellyer, APC, Creditor Committee attorneys, Period: 10/5/2015 to 2/14/2018, Fees:
$58,781.50, Expenses: $1,249.81 EH
Docket 540
NONE LISTED -
NONE LISTED -
Debtor(s):
Wrightwood Guest Ranch LLC Represented By Riley C Walter
Michael L Wilhelm Amelia Puertas-Samara
Trustee(s):
Richard J Laski (TR) Represented By Aram Ordubegian
M Douglas Flahaut Sevan Gorginian
1:30 PM
Hrg. on Confirmation of Chapter 11 Plan EH
(Tele. appr Jennifer Wong, rep. creditor, Wells Fargo Bank)
Docket 66
NONE LISTED -
NONE LISTED -
Debtor(s):
Shawn Maceo Rife Represented By Michael Jones Sara Tidd
Joint Debtor(s):
Shayne Morgan Rife Represented By Michael Jones Sara Tidd
1:30 PM
Hrg. on Chapter 11 Status Conference EH
(Cont. from 1/23/18)
(Tele. appr Jennifer Wong, rep. creditor, Wells Fargo Bank)
Docket 0
NONE LISTED -
Tentative for 4/3/18:
None listed.
****************************************************************************** Tentative for 1/23/18:
This matter has been continued to 4/3/18 at 1:30 p.m. The 1/23/18 hearing is vacated.
****************************************************************************** Tentative for 8/29/17:
The Court has received and reviewed the Status Report filed on 8/10/17 [Dk. 20], as well as the Motion to Set Last Day to File Proofs of Claim filed on 8/9/17 [Dk. 15], and is inclined to set the following deadlines:
1:30 PM
The bar date for filing of claims is set for November 6, 2017 ("Bar Date").
Debtor shall serve Notice of Bar Date to all creditors and parties in interest no later than September 6, 2017;
The deadline to file objections to claims shall be 60 days from the effective date of the Chapter 11 Plan of Reorganization;
The deadline for the Debtor to file avoidance actions shall be 60 days from the effective date of the Chapter 11 Plan of Reorganization;
A Disclosure Statement and Plan must be filed on or before November 17, 2017. The failure to timely file a Plan and Disclosure Statement may result in the conversion or dismissal of the case; and,
A Continued Status Conference shall be held on January 23, 2018, at 11:00 a.m.
Appearances required.
Debtor(s):
Shawn Maceo Rife Represented By Michael Jones
Joint Debtor(s):
Shayne Morgan Rife Represented By Michael Jones
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 2/15/18 Between Debtors and Wells Fargo Dealer Services, in the amount of $16,809.16
Re: 2016 Nissan Versa
Docket 14
-------- GRANT
-------- DENY
-------- no appearance by Debtor
-------- withdrawn by Debtor
-------- undue hardship / not in best interest of Debtor
------- agreement is incomplete
NONE LISTED -
NONE LISTED -
Debtor(s):
Geoffrey K. Bruner Represented By
C Scott Rudibaugh
Joint Debtor(s):
Crystal R. Bruner Represented By
10:00 AM
Trustee(s):
C Scott Rudibaugh
Todd A. Frealy (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 2/22/18 Between Debtor and Nissan Motor Acceptance Corporation, in the amount of $21,184.79
Re: 2015 Nissan Altima
Docket 14
-------- GRANT
-------- DENY
-------- no appearance by Debtor
-------- withdrawn by Debtor
-------- undue hardship / not in best interest of Debtor
------- agreement is incomplete
NONE LISTED -
NONE LISTED -
Debtor(s):
Janellie Francisca Arellano Pro Se
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 3/13/18 Between Debtors and American Honda Finance Corporation, in the amount of $7,236.48
Re: 2016 Honda Accord
Docket 29
-------- GRANT
-------- DENY
-------- no appearance by Debtor
-------- withdrawn by Debtor
-------- undue hardship / not in best interest of Debtor
------- agreement is incomplete
NONE LISTED -
NONE LISTED -
Debtor(s):
MICHAEL L ANDERSON Represented By Mark D Edelbrock
10:00 AM
Joint Debtor(s):
NORA ANDERSON Represented By Mark D Edelbrock
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 3/9/18 Between Debtor and American Honda Finance Corporation, in the amount of $23,927.65
Re: 2017 Honda Accord
Docket 15
NONE LISTED -
NONE LISTED -
NONE LISTED -
Debtor(s):
Sidney Michael Altmyer Represented By
C Scott Rudibaugh
Joint Debtor(s):
Marilyn Booth Altmyer Represented By
C Scott Rudibaugh
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Hrg. on Approval of Reaffirmation Agreement filed 3/6/18 between Debtor and Toyota Motor Credit Corporation in the amount of $8,099.20
Re: 2013 Toyota Tacoma
Docket 12
-------- GRANT
-------- DENY
-------- no appearance by Debtor
-------- withdrawn by Debtor
-------- undue hardship / not in best interest of Debtor
------- agreement is incomplete
NONE LISTED -
NONE LISTED -
Debtor(s):
German Paz Represented By
Carlos A Delgado Ibarcena
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 3/8/18 Between Debtor and Ford Motor Credit Company LLC, in the amount of $24,741.39
Re: 2017 Ford Fusion
Docket 11
-------- GRANT
-------- DENY
-------- no appearance by Debtor
-------- withdrawn by Debtor
-------- undue hardship / not in best interest of Debtor
------- agreement is incomplete
NONE LISTED -
NONE LISTED -
Debtor(s):
San Juanita Rodriguez Pro Se
Trustee(s):
Lynda T. Bui (TR) Pro Se
1:30 PM
Adv#: 6:17-01217 Frazer v. Wood et al
STATUS CONFERENCE re: Complaint for 1) Fraud 2) Alter Ego 3) Fraudulent Transfer 4) Unfair Business Practices 5) Breach of Fiduciary Duties
(Hearing on 4/4/18 to go foward per Order) (Cont. from 1/24/18)
EH
Docket 1
1:30 PM
NONE LISTED -
Tentative for 4/04/18:
This matter is CONTINUED to 4/18/18 at 1:30 p.m. to coincide with the hearing on the motion to dismiss. A status report is NOT required for the continued hearing.
Appearances are excused.
Debtor(s):
One Virtual Health, Inc. Represented By Paul Y Lee
Defendant(s):
Tracy Wood Pro Se
Melinda Ogg Pro Se
Joni Dimmit Pro Se
Bekka Davis Pro Se
Greg Sledziewski Pro Se
Plaintiff(s):
Helen R. Frazer Represented By John A Boyd
Trustee(s):
Helen R. Frazer (TR) Represented By
1:30 PM
John A Boyd
1:30 PM
Adv#: 6:17-01219 Frazer v. Wood et al
STATUS CONFERENCE re: Complaint for 1) Fraud 2) Alter Ego 3) Fraudulent Transfer 4) Unfair Business Practices 5) Breach of Fiduciary Duties
(Cont. from 1/24/18) EH
Docket 1
1:30 PM
NONE LISTED -
Tentative for 4/04/18:
This matter is CONTINUED to 4/18/18 at 1:30 p.m. to coincide with the hearing on the motion to dismiss. A status report is NOT required for the continued hearing.
Appearances are excused.
********************************************************************************* Tentative for 1/24/18:
The Court has received and reviewed the Status Report filed on 1/10/18 [Dk. 19]. The Status Conference is CONTINUED to 4/4/18 at 1:30 p.m. A status report is due 14 days in advance.
Appearances required.
Debtor(s):
HOW2CONNECT.COM, INC. Represented By Paul Y Lee
Defendant(s):
Tracy Wood Pro Se
Melinda Ogg Pro Se
Joni Dimmit Pro Se
Bekka Davis Pro Se
Greg Sledziewski Pro Se
1:30 PM
Plaintiff(s):
Helen R. Frazer Represented By John A Boyd
Trustee(s):
Helen R. Frazer (TR) Represented By John A Boyd
1:30 PM
Adv#: 6:17-01208 Steven M. Speier, solely in his capacity as Chapte v. American High Reach,
STATUS CONFERENCE re: Complaint by Steven M. Speier, solely in his capacity as Chapter 7 Trustee for the bankruptcy estate of Elite Tower Professionals LLC against American High Reach, Inc.. Nature of Suit: (12 (Recovery of money/property - 547 preference))
(Cont. from 3/7/18) EH
Docket 1
NONE LISTED -
NONE LISTED -
NONE LISTED -
Debtor(s):
Elite Tower Professionals LLC Represented By Michael Jay Berger
Defendant(s):
American High Reach, Inc. Pro Se
Plaintiff(s):
Steven M. Speier, solely in his Represented By Marc C Forsythe
1:30 PM
Trustee(s):
Steven M Speier (TR) Represented By Robert P Goe
1:30 PM
Adv#: 6:17-01209 Steven M. Speier, solely in his capacity as Chapte v. GlenMartin Holding
STATUS CONFERENCE re: Complaint by Steven M. Speier, solely in his capacity as Chapter 7 Trustee for the bankruptcy estate of Elite Tower Professionals LLC against GlenMartin Holding Co., LLC Nature of Suit: (12 (Recovery of money/property - 547 preference))
(Cont. from 3/7/18) EH
Docket 1
NONE LISTED -
NONE LISTED -
NONE LISTED -
Debtor(s):
Elite Tower Professionals LLC Represented By Michael Jay Berger
Defendant(s):
GlenMartin Holding Co., LLC Pro Se
Plaintiff(s):
Steven M. Speier, solely in his Represented By Marc C Forsythe
1:30 PM
Trustee(s):
Steven M Speier (TR) Represented By Robert P Goe
1:30 PM
Adv#: 6:18-01016 Tyra v. Mendonca
STATUS CONFERENCE re: Complaint by Roy Tyra against Michael David Mendonca - 523(a)(2)
EH
Docket 1
NONE LISTED -
NONE LISTED -
NONE LISTED -
Debtor(s):
Michael David Mendonca Represented By Gary H Blaylock
Defendant(s):
Michael David Mendonca Pro Se
Plaintiff(s):
Roy Tyra Represented By
Robert W Morris
Trustee(s):
Charles W Daff (TR) Pro Se
1:30 PM
Adv#: 6:18-01024 Garcia v. Garcia, Sr. et al
STATUS CONFERENCE re: Complaint by Hope Garcia against Mario Antonio Garcia Sr., Veronica Bolanos Garcia - 523(a)(2), (a)(4)
EH
Docket 1
NONE LISTED -
1:30 PM
Tentative for 4/04/18 is to set the following dates/deadlines:
Discovery cutoff: July 31, 2018. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: September 15, 2018. Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial conference: October 16, 2018 at 1:30 p.m.
The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may result in the imposition of sanctions, including the striking of the answer and dismissal of the complaint.
Plaintiff is to lodge a scheduling order within 7 days.
Debtor(s):
Mario Antonio Garcia Sr. Represented By Michael J Allison
Defendant(s):
Mario Antonio Garcia Sr. Pro Se
Veronica Bolanos Garcia Pro Se
Joint Debtor(s):
Veronica Bolanos Garcia Represented By Michael J Allison
Plaintiff(s):
Hope Garcia Represented By
1:30 PM
Blair J Berkley
11:00 AM
Hearing RE: First And Final Fee Application For Allowance Of Fees And Costs, As An Administrative Claim For The Period From February 22, 2013 Through September 19, 2013
(Application filed 2/5/18)
[RE: BLUE CAPITAL LAW FIRM, P.C. - Counsel For Petitioning Creditors] [Fees: $55,884.75; Expenses: $1,765.15]
[Tele. appr., Lynda T. Bui, repr., Lynda T. Bui, Chapter 7 Trustee]
Docket 537
NONE LISTED -
Tentative for 4/04/18 is to APPROVE as modified by the Stipulation approved
11:00 AM
by an order entered 3/14/18 [Dk. 551].
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Woori The Winners Inc Represented By Jaenam J Coe
Movant(s):
Town Provision Inc Represented By Bryan L Ngo
Khee Trading Inc Represented By Bryan L Ngo
Rom America Inc Represented By Bryan L Ngo
Khee Trading Inc Pro Se
Rom America Inc Pro Se
Town Provision Inc Pro Se
Trustee(s):
Lynda T. Bui (TR) Represented By David M Goodrich Steven Werth
10:00 AM
Hearing RE: Emergency Motion To Convert Cases From Chapter 11 To Cases Under Chapter 7 Pursuant To 11 U.S.C. Section 1112(b) Or To Appoint A Chapter 11 Trustee
(Motion filed 4/3/18)
Docket 49
NONE LISTED -
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
11:00 AM
STATUS CONFERENCE Hearing RE: (1) Case Management Conference And
Requiring Status Report (Petition filed 1/23/18)
Docket 1
Tentative for 4/05/18 is to set the following dates/deadlines:
Deadline to file a plan and disclosure statement: July 31, 2018. The failure to timely file a plan and disclosure statement may result in the dismissal or conversion of the case.
Deadline to file proof of claims: June 15, 2018, with service of the notice by no later than April 15, 2018.
Deadline to object to proof of claims: August 15, 2018
Continued status conference hearing: August 23, 2018 at 11:00 a.m. A status report is due 14 days in advance.
Debtor(s):
James M Mullion Represented By Jeffrey B Smith
11:00 AM
CONT'D POST-CONFIRMATION STATUS CONFERENCE Hearing RE: (1)
Case Management Conference And (2) Requiring Status Report (Petition filed 7/1/14) (Set per Order Confirming Plan Entered 9-25-15)
FR: Advanced from 8-21-14; Advanced from 8-7-14 at 11:00 a.m.; 8-7-14; 12-
11-14; 1-15-15; 1-29-15; 5-7-15; 7-9-15; 9-17-15; 4-14-16; 4-28-16; 10-13-16; 4-
20-17; 4-19-17: Advanced from 4-19-18
Docket 1
Tentative for 4/5/18:
The Court has received and reviewed the post-confirmation status report filed 3/22/18 [Dk. 769] and will CONTINUE the status conference to October 18, 2018 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
*************************************************************************** Tentative for 10/19/17:
The Court has received and reviewed the post-confirmation status report filed 10/05/17 [Dk. 762] and will CONTINUE the status conference to April 19, 2018 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
*************************************************************************** Tentative for 4/20/2017:
The Court has received and reviewed the post-confirmation status report filed 4/06/17 [Dk. 753] and will CONTINUE the status conference to October 19,
11:00 AM
2017 at 11:00 a.m. A status report is due 14 days in advance. Appearances are excused.
*************************************************************************** Tentative for 10/13/2016:
The Court has received and reviewed the post-confirmation status report filed 9/28/16 [Dk. 747] and will CONTINUE the status conference to April 20, 2017 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
*************************************************************************** Tentative for 4/28/2016:
The Court has received and reviewed the post-confirmation status report filed 3/31/16 [Dk. 736] and will CONTINUE the status conference to October 13, 2016 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
*************************************************************************** Tentative for 7/9/15 is to CONTINUE to 9/17/2015, at 11:00 a.m.
Appearances are excused.
*************************************************************************** Tentative for 1/15/2015:
Appearances are required.
*************************************************************************** Tentative for 8/7/2014:
11:00 AM
The Court has received and reviewed the status report filed on July 24, 2014 as well as the supplement dated August 1, 2014. The Court is inclined to set the following dates and deadlines:
Claims bar date: October 30, 2014. Notice of the bar date to be served by no later than August 30, 2014.
Deadline to file a plan and disclosure statement: December 2, 2014. Note that failure to file a plan or disclosure statement may result in sanctions including dismissal or conversion of the case to chapter 7.
Continued status conference: December 11, 2014 at 11:00 a.m. A status report is due 14 days in advance.
Debtor's counsel is to submit an order within seven (7) days.
Appearances are excused.
Debtor(s):
Randall William Blanchard Represented By Marc J Winthrop
Garrick A Hollander Jacob C Gonzales
Trustee(s):
Richard Pachulski (TR) Represented By Teddy M Kapur Jeremy V Richards
11:00 AM
CONT'D Hearing RE: Motion For Order Disallowing Claim: (Motion filed 11/30/17)
Scheduled Claim 1st Centennial Bank FR: 1-11-18; 2-22-18
Docket 116
Tentative for 4/05/18 is to GRANT.
The Court has received and reviewed the Amended Supplemental Declaration of David Tilem filed 3/16/18 [Dk. 186] regarding service, and has determined that the service defects have been adequately addressed and corrected.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
*************************************************************************** Tentative for 2/22/18:
The Court previously continued this matter to allow Movant to effectuate proper service. In response, Movant filed a Notice of Continued Hearing [Dk. 162] and Proof of Service [Dk. 163] on 1/15/18 in which it indicated that it served (1) Value Recovery Group and (2) Raymond King, Esq.
Value Recovery Group
Movant asserts on the proof of service filed 1/15/18 [Dk. 163] that Value
11:00 AM
Recovery Group is the "Successor to First Centennial Bank per FDIC email 9/26/17 part of Exh. F". The Motion does not contain an Exh. F. Moreover, the FDIC website indicates that Pacific Western Bank is the successor institution.
Raymond King
Movant's service of Raymond King, as the last known attorney for Claimant, is insufficient as there is no evidence that Mr. King is Claimant's attorney for this proceeding.
Thus, the Court cannot verify proper service upon Claimant. Movant should be prepared to provide supplemental evidence of why service is in fact sufficient, or explain why this Motion should not be denied for failure to effect proper service.
Appearances required.
****************************************************************************** Tentative for 1/11/17 is to CONTINUE to February 22, 2018, at 11:00 a.m. to allow Debtor to properly serve Scheduled Claimant 1st Centennial Bank (or its acquiring successor) with the Motion and Notice of Objection to Claim. An appropriate proof of service must be filed 14 days in advance.
Appearances are excused.
Debtor(s):
Chrestotes, Inc Represented By David A Tilem
Movant(s):
Chrestotes, Inc Represented By David A Tilem
11:00 AM
Hearing RE: Motion For Order Approving Disclosure Statement (D.S. filed February 15, 2018)
(Motion filed 2/15/18)
Docket 168
Tentative for 4/5/18:
Approval of the Disclosure Statement is DENIED, as the Court finds that the Plan of Reorganization described by the proposed Disclosure Statement cannot be confirmed, at least with respect to the treatment of the Class 2 creditor, JP Morgan Chase Bank, National Association ("JP Morgan Chase").
§ 1129(b)(3) expressly provides that every plan of reorganization be "proposed in good faith and not by any means forbidden by law." This provision has been construed within the Ninth Circuit to require that a plan be proposed with "honesty and good intentions" and with a basis for expecting that a reorganization can be effected. Bankruptcy courts are required to determine whether a Chapter 11 plan, viewed in light of the "totality of the circumstances," fairly achieves a result consistent with the purposes of the Bankruptcy Code.
The Debtor is a corporation named Chrestotes, Inc. ("Debtor" or "Chrestotes"), which is the current owner of real property located at 830 Arbolado Drive, Fullerton, California 92835 ("830 Arbolado"). JP Morgan Chase filed Proof of Claim No. 10-1 asserting a claim secured by 830 Arbolado. The original promissory note ("Note") and deed of trust ("Deed of Trust") were executed by owner Juanita Guajardo in 2004 in favor of Washington Mutual Bank, FA ("WaMu") (assigned to JP Morgan Chase by operation of law in 2008 as recorded in 2012). Ownership in 830 Arbolado has been altered throughout the years. Through a gift transfer of ownership interest in 2005, Ms. Guajardo granted the property to herself and two other persons, Raul Valdivia and Dolly Valdivia ("Debtor’s Principals"). Neither WaMu nor JP Morgan Chase consented to this transfer. In 2008, Ms.
11:00 AM
Guajardo and Debtor’s Principals gift transferred the property from themselves to a corporation called Egg Art Creations, Inc., controlled by Debtor’s Principals. Neither WaMu nor JP Morgan Chase consented to this transfer. In 2012, Egg Art Creations, Inc. gift transferred the real property to Chrestotes. Neither WaMu nor JP Morgan Chase consented to this transfer. Chrestotes is the present Debtor in Possession and the Plan Proponent.
However, neither Debtor nor JP Morgan Chase has presented any evidence that the obligation to pay the original Note was ever assigned as the ownership interest in 830 Arbolado was transferred to different individuals and entities. Thus, Chrestotes may be the current title owner of the real property; however, it appears that Ms. Guajardo, who is not a Chapter 11 debtor, remains the borrower, obligor, and party in privity to the lender JP Morgan Chase. Ms. Guajardo owes approximately $726,068.00 to JP Morgan Chase, according to the Disclosure Statement.
The proposed Plan of Reorganization seeks to create a new obligation structure for this debt, wherein all amounts owed to JP Morgan Chase by the borrower, Ms. Guajardo, will be paid over 40 years from the effective date of the Confirmed Plan at an interest rate of 3% per annum.
In evaluating the good faith of the proposed Plan of Reorganization (at least as to the adjustment of the JP Morgan Chase obligation), this Court must investigate Debtor’s motives for commencing a bankruptcy case without the "attendance" of the borrower within Chapter 11. It is the view of this Court that the Debtor has sought recourse to Chapter 11 protection as an illegitimate means to restructure the non-debtor borrower’s financially troubled loan with the lender, JP Morgan Chase. Put another way, the current borrower’s decision not to be part of the Chapter 11 process is an impermissible use of the powerful provisions of federal bankruptcy law. To adjust your obligation in a bankruptcy proceeding, you must be part of the bankruptcy case.
§ 1129(b)(3) expressly provides that every plan of reorganization be "proposed in good faith and not by any means forbidden by law." § 1129(b) has been construed to require that a plan "achieves a result consistent with the objectives and purposes of the Code." See Platinum Capital, Inc. v.
Sylmar Plaza, L.P. (In re Sylmar Plaza, L.P.), 314 F.3d 1070 (9th Cir. 2002)
cert. denied 123 S. Ct. 2097 (2003) (considering the totality of the
11:00 AM
circumstances to find a plan was not proposed in good faith where its sole purpose was to enable the debtors to cure and reinstate an obligation, thereby avoiding a contractual liability for default interest, but refusing to apply a per se rule); In re Stolrow's Inc., 84 B.R. 167, 172 (B.A.P. 9th Cir. 1988) ("[Good faith] also requires a fundamental fairness in dealing with one's creditors."); see also In re Bd. of Directors of Telecom Argentina, S.A., 528 F.3d 162, 174 (2d Cir. 2008) (requiring a showing that the plan "was proposed with honesty and good intentions and with a basis for expecting that a reorganization can be effected."). The court's good faith review of a proposed plan under 11 U.S.C. § 1129(a)(3) requires an analysis of the totality of circumstances, conducted on a case by case basis. See, e.g., In re Sylmar Plaza, L.P., 314 F.3d at 1070.
The proposed treatment of the Class 2 creditor, JP Morgan Chase is based on the strategic filing of the case by Debtor, and the non-filing by Ms.
Guarjardo. This Court’s key analysis is that the Debtor's petition was filed for an improper purpose, to allow the non-debtor borrower to benefit from Chapter 11 without being subjected to the disclosure and investigation integral to the Chapter 11 process, at the creditors’ expense. This is easily demonstrated by the fact that the proposed Plan intends to address the multitude of non-consensual property transfers in direct breach of the lending agreement (the Note) and at the same time deprive the lender of its ongoing rights, and all of them, to pursue remedies under the Note, without subjecting the borrower to being involved in the Chapter 11 process. This Plan fails to treat the creditors with the fundamental fairness required by the Bankruptcy Code. Under the totality of the circumstances, this treatment is not proposed in good faith, and the Plan is thus not confirmable pursuant to § 1129(a)(3). There is no need to approve a Disclosure Statement that will not support a confirmable Plan of Reorganization.
Debtor(s):
Chrestotes, Inc Represented By David A Tilem
Movant(s):
Chrestotes, Inc Represented By
11:00 AM
David A Tilem
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 7/1/17)
FR: 8-17-17; 1-11-18; 3-8-18
Docket 1
Tentative for 4/5/18:
None listed.
************************************************************************************ Tentative for 3/8/18:
This matter is CONTINUED to April 5, 2018 at 11:00 a.m. to coincide with the hearing on Debtors' Amended Chapter 11 Disclosure Statement. An updated status report is due 14 days in advance.
Appearances excused.
***************************************************************************** Tentative for 1/11/18:
The Court has received and reviewed the Status Report filed on 12/28/18 [Dk. 130]. The Status Conference is CONTINUED to March 8, 2018, at 11:00 a.m.
Appearances are excused.
******************************************************************************** Tentative for 8/17/17:
The Court has received and reviewed the status report and amended Exhibit
11:00 AM
A to the status report. The Court is inclined to set the following dates:
The bar date for filing of claims is set for October 20, 2017;
Debtor shall serve Notice of Bar Date to all creditors and parties in interest no later than August 21, 2017;
The deadline to file objections to claims shall be November 30, 2017;
The deadline for the Debtor to file avoidance actions shall be November 30, 2017;
A Disclosure Statement and Plan must be filed on or before December 29, 2017;
A Continued Status Conference shall be held on January 11, 2018, at 11:00 a.m.
Appearances required.
Debtor(s):
Chrestotes, Inc Represented By David A Tilem
10:30 AM
Hrg. on Debtor-in-Possession's Motion filed 4/4/18 for authorization to (1) Pay Pre-Petition Payroll, and (2) Pay Pre-Petition Non-Default Payroll Taxes
EH
(OST Signed 4/4/18)
Docket 15
- NONE LISTED -
Debtor(s):
CompCare Medical, Inc. Represented By Todd L Turoci
10:30 AM
Hrg. on Debtor-in-Possession's Motion filed 4/4/18 for Order Authorizing Debtor- In-Possession to Keep its Pre-Petition Bank Account Open for the Sole Purpose of Accepting Electronic Deposits
EH
(OST signed 4/4/18)
Docket 17
- NONE LISTED -
Debtor(s):
CompCare Medical, Inc. Represented By Todd L Turoci
10:30 AM
Hrg. on Debtor-in-Possession's Motion filed 4/4/18 to Approve Use of Cash Collateral and Adequate Protection
EH
(OST signed 4/4/18)
Docket 13
NONE LISTED -
Debtor(s):
CompCare Medical, Inc. Represented By Todd L Turoci
10:00 AM
CONT'D Motion for relief from stay [Personal Property]
Wollemi Acquisitions, LLC vs. DEBTORS
(Motion filed 1/3/18) (Amended Motion filed 3/13/18)
[RE: 2013 Hyundai Sonata Sedan 4D GLS I4] [VIN No.: 5NPEB4AC2DH548669]
FR: 1-25-18; 2-8-18; 3-8-18
Docket 68
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
***************************************************************************** Tentatve for 3/08/18 is to DENY:
Movant has not established standing. Movant is Wollemi Acquisitions, LLC; the security agreement and Certificate of Title attached as Exhibits 1 and 2 to the motion, however, indicate that the secured party is Santander Consumer USA.
Service is improper. The Movant did not serve Santander Consumer USA, which is the entity scheduled by Debtors. LBR 4001-1(c)(1)(C) requires service of a motion for relief from stay on the holder of a lien or encumbrance
10:00 AM
against the subject property that is known to the movant, scheduled by the debtor, or appears in the public record and any other party entitled to receive notice under FRBP 4001.
Debtor(s):
Christopher Maldonado Represented By Rajiv Jain
Joint Debtor(s):
Ria Ann Maldonado Represented By Rajiv Jain
Movant(s):
Wollemi Acquisitions, LLC Represented By Zann R Welch Bret D. Allen
Trustee(s):
Weneta M Kosmala (TR) Represented By Lynda T Bui Rika Kido
10:00 AM
CONT'D Motion for relief from stay [Unlawful Detainer]
Jack Hojo. vs. DEBTORS
(Motion filed 3/818) (Amended Motion filed 3/12/18) (Amended Motion filed 3/27/18)
[RE: 905 E. Balsam Avenue, Anaheim, California 92805]
FR: 3-22-18
Docket 16
Tentative for 4/12/18:
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
*************************************************************************** Tentative for 3/22/18:
This matter is CONTINUED to 4/12/18 at 10:00 a.m. to allow Movant to serve proper notice. On the Notice, Movant checked the box indicating the Motion was being heard on regular notice (i.e. 21 days' notice) with any response due 14 days before the hearing. However, this matter was filed only 14 days prior to the hearing (which is otherwise permissible per the court's shortened notice procedures for motions for relief from stay regarding a residential unlawful detainer action). Movant is to provide the appropriate timely notice
10:00 AM
by close of business on the date of the hearing.
Appearances excused.
Debtor(s):
Efren Chavez Reyes Represented By Randy Alexander
Joint Debtor(s):
Maria Teresa Carrasco de Chavez Represented By
Randy Alexander
Movant(s):
Jack Hojo Represented By
Kevin H Mello
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
Motion for relief from stay [Unlawful Detainer]
The Irvine Commpany, LLC vs. DEBTOR (Motion filed 3/22/18)
[RE: 34 Executive Park, Suite 220, Irvine, CA 92614 - And A $4,215.00 Cash Security Deposit]
Docket 8
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver and annulment as requested..
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Travel America Vacations, Inc. Represented By
Kerry A. Moynihan
Movant(s):
The Irvine Company LLC Represented By
R Gibson Pagter Jr.
Trustee(s):
Karen S Naylor (TR) Pro Se
10:00 AM
Adv#: 8:18-01053 SGFC, LLC v. JVS Development, LLC
Hearing RE: Order To Show Cause Why Adversary Proceeding Should Not Be Dismissed
(Set per Order Entered 3/22/18)
Docket 0
NONE LISTED -
Debtor(s):
JVS Development, LLC Represented By Todd L Turoci
Defendant(s):
JVS Development, LLC Pro Se
Plaintiff(s):
SGFC, LLC Represented By
Jean C Wilcox
Trustee(s):
Thomas H Casey (TR) Represented By Jeffrey I Golden Beth Gaschen
10:00 AM
Adv#: 8:18-01054 TSASU, LLC v. JVS Development, LLC
Hearing RE: Order To Show Cause Why Adversary Proceeding Should Not Be Dismissed
(Set per Order Entered 3/22/18)
Docket 6
NONE LISTED -
Debtor(s):
JVS Development, LLC Represented By Todd L Turoci
Defendant(s):
JVS Development, LLC Pro Se
Plaintiff(s):
TSASU, LLC Represented By
Jean C Wilcox
Trustee(s):
Thomas H Casey (TR) Represented By Jeffrey I Golden Beth Gaschen
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: Status Of Chapter 11 Case; And
Requiring Report On Status Of Chapter 11 Case
FR: 12-8-11; 2-16-12; 5-10-12; 7-19-12; 9-20-12; 11-15-12; 5-16-13; 5-23-13;
11-14-13; 4-17-14; 10-30-14; 3-19-15; 8-20-15; 2-11-16; 6-23-16, 5-11-17;
11-16-17; 1-11-8; 2-22-18
Docket 1
Tentative for 4/12/18:
The Court has received and reviewed the Status Report filed by the Liquidation Trustee on 3/23/18 [Dk. 992]. The Status Conference is CONTINUED to July 19, 2018 at 11:00 a.m. A status report is to be filed 14 days in advance.
Appearances are excused.
******************************************************************************* Tentative for 2/22/18:
The Court has received and reviewed the Twelfth Status Report filed by the Liquidation Trustee on 2/8/18 [Dk. 986]. The Status Conference is CONTINUED to April 12, 2018 at 11:00 a.m. A status report is to be filed 14 days in advance.
Appearances are excused.
*************************************************************************** Tentative for 1/11/18:
The Court has received and reviewed the Eleventh Status Report filed by the Liquidation Trustee on 12/28/17 [Dk. 980]. The Status Conference is
11:00 AM
CONTINUED to February 22, 2018 at 11:00 a.m. A status report is to be filed 14 days in advance.
Appearances are excused.
Debtor(s):
Pacific Monarch Resorts, Inc. Represented By Scott H Yun
H Alexander Fisch Genevieve G Weiner Danielle A Pham
Trustee(s):
Michael M Ozawa Represented By Sidney P Levinson
William Schumacher
11:00 AM
Hearing RE: Motion To Approve Compromise With (1) John Carson; (2) Marc Dumont; (3) GF Acquisition Co 2012; (4) Irvine Sensors Corporation; (5) Jack Johnson; (6) Balraj Joll aka Bill Joll; (7) Seth Hamot; (8) Thomas Kelly; (9)
Edward Scollins; (10) Robert Wilson; And (11) Chester White (Motion filed 3/21/18)
Docket 464
Tentative for 4/12/18 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
Movant(s):
Alfred M. Masse Represented By Susan K Seflin Robyn B Sokol
11:00 AM
Hearing RE: Order To Show Cause Why The Case Should Not Be Dismissed Or Converted To Chapter 7
(Set per Order Entered 2/28/18)
Docket 121
Tentative for 4/12/18:
This matter is CONTINUED to May 3, 2018 at 11:00 a.m. to coincide with the hearing on the adequacy of Debtors' Second Amended Disclosure Statement.
Appearances are excused.
Debtor(s):
David Vincent Ross Represented By Michael Jones Sara Tidd
Joint Debtor(s):
Cheri LeAnn Ross Represented By Michael Jones Sara Tidd
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 7/11/17)
FR: 8-31-17; 1-11-18; 2-22-18
Docket 1
Tentative for 4/12/18:
This matter is CONTINUED to May 3, 2018 at 11:00 a.m. to coincide with the hearing on the adequacy of Debtors' Second Amended Disclosure Statement.
Appearances are excused.
*************************************************************************** Tentative for 2/22/18:
None listed.
***************************************************************************** Tentative for 1/11/18:
None listed.
***************************************************************************** Tentative for 8/31/17 is to set the following dates/deadlines:
Deadline to file a plan and disclosure statement: November 1, 2017. The failure to timely file a plan and disclosure statement may result in the conversion or dismissal of the case.
Continued case status conference: January 11, 2018 at 11:00 a.m. A status report is due 14 days in advance.
11:00 AM
Debtor(s):
David Vincent Ross Represented By Michael Jones Sara Tidd
Joint Debtor(s):
Cheri LeAnn Ross Represented By Michael Jones Sara Tidd
11:00 AM
Hearing RE: First Interim Fee Application For Compensation and Reimbursement Of Expenses For The Period From May 31, 2017 Through February 28, 2018
(Application filed 3/21/18)
[RE: SULMEYERKUPETZ, A PROFESSIONAL CORPORATION - Attorneys
For Official Committee of Unsecured Creditors - TD REO, LLC; TD Opportunity Fund, LLC; Equity Index Managed Fund, LLC; and WJA Secure Real Estate Fund, LLC]
[Fees: $97,126.00; Expenses: $839.72]
Docket 424
Tentative for 4/12/18 is to APPROVE, as modified by the Stipulation filed 4/6/18 [Dk. 446].
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok
Kyra E Andrassy Roger F Friedman Susan K Seflin
11:00 AM
Movant(s):
Steven T Gubner
SulmeyerKupetz, A Professional Represented By
Mark S Horoupian
11:00 AM
Hearing RE: Second Interim Application For Order Approving Payment Of Fees And Reimbursement Of Expenses For The Period From November 12, 2017 Through March 20, 2018
(Application filed 3/22/18)
[RE: MENCHACA & COMPANY, LLP - Accountant For Debtor And Debtor- In-Possession]
[Fees: $24,264.00; Expenses: $0.00]
Docket 429
Tentative for 4/12/18 is to APPROVE.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok
Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner
11:00 AM
Movant(s):
Menchaca & Company LLP Pro Se
11:00 AM
Hearing RE: Second Interim Application For Allowance And Payment Of Fees And Reimbursement Of Expenses For The Period From November 15, 2017 Through March 20, 2018
(Application filed 3/22/18)
[RE: SMILEY WANG-EKVALL, LLP - Attorneys For Debtors] [Fees: $259,249.00; Expenses: $3,859.92]
Docket 430
Tentative for 4/12/18 is to APPROVE, as modified by the Stipulation filed 4/6/18 [Dk. 446].
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok
Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner
11:00 AM
Movant(s):
Smiley Wang-Ekvall, LLP Represented By
Lei Lei Wang Ekvall
11:00 AM
Hearing RE: Second Interim Fee Application For Payment Of Interim Fees And/Or Expenses For The Period From November 1, 2017 Through February 28, 2018
(Application filed 3/22/18)
[RE: RUTAN & TUCKER, LLP - Special Counsel For Debtor] [Fees: $30,883.00; Expenses: $42.85]
Docket 425
Tentative for 4/12/18 is to APPROVE, as modified by the Stipulation filed 4/6/18 [Dk. 446].
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok
Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner
11:00 AM
Movant(s):
Rutan & Tucker LLP Represented By Roger F Friedman
11:00 AM
Hearing RE: Motion To Approve Short Sale Agreement For Lien Against Real Property Located At 17900 Bull Canyon Drive, Granada Hills, California (Motion filed 3/22/18)
Docket 427
Tentative for 4/12/18 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok
Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner
Movant(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon
11:00 AM
Philip E Strok Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner
11:00 AM
Hearing RE: Application To Employ Ann Moore Of Norton Moore Adams As Special Counsel Pursuant To 11 U.S.C. Sections 327
(Motion filed 3/13/18)
(Set per Order Entered 4/6/18)
Docket 422
- NONE LISTED -
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok
Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner
10:00 AM
Tiffany & Bosco - movant attorney Motion for Relief from Stay
PennyMac Loan Services, LLC vs. DEBTOR (Motion filed 3/13/18)
Re: 35251 Slater Avenue, Winchester, CA 92596 EH
Docket 10
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Robert Gould Represented By William E Windham
Movant(s):
PennyMac Loan Services, LLC Represented By Robert P Zahradka
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
10:00 AM
Tiffany & Bosco - movant attorney Motion for Relief from Stay
PROF-2013-S3 Legal Title Trust IV vs. DEBTOR (Motion filed 3/20/18)
Re: 2530 Reynolds Ave, Tustin, CA 92782 EH
Docket 13
- NONE LISTED -
Debtor(s):
Porfirio De La Luz Pro Se
Movant(s):
PROF-2013-S3 Legal Title Trust IV, Represented By
Robert P Zahradka
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
Tiffany & Bosco - movant attorney Motion for Relief from Stay
Select Portfolio Servicing, Inc. vs. DEBTOR (Motion filed 3/22/18)
Re: 12502 17th Street, Chino, CA 91710 EH
Docket 14
- NONE LISTED -
Debtor(s):
Luis Alfonso Soto Pro Se
Movant(s):
U.S. Bank, N.A., successor trustee to Represented By
Robert P Zahradka
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
Wright, Finlay & Zak, LLP - movant attorney Motion for Relief from Stay
First Tech Federal Credit Union vs. DEBTOR (Motion filed 3/13/18)
Re: 2017 Jeep Cherokee, Vehicle Identification Number: 1C4PJLAB0HW667611
EH
Docket 12
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Roberto Gordoa Preciado Pro Se
Movant(s):
First Tech Federal Credit Union Represented By Nichole Glowin
10:00 AM
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
Law Office of Austin P. Nagel - movant attorney Motion for Relief from Stay
Toyota Motor Credit Corporation vs. DEBTOR (Motion filed 3/12/18)
Re: 2016 Toyota Rav4 EH
Docket 9
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Melissa A Gamez Represented By David L Nelson
Movant(s):
Toyota Motor Credit Corporation Represented By
Austin P Nagel
10:00 AM
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
Law Offices of Austin P. Nagel - movant attorney Motion for Relief from Stay
VW Credit, Inc. vs. DEBTOR (Motion filed 3/14/18)
Re: 2016 Volkswagen Jetta EH
Docket 8
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Lisa M. Molerin Represented By Daniel C Sever
Movant(s):
VW Credit, Inc. Represented By Austin P Nagel
10:00 AM
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Santander Consumer USA Inc. vs. DEBTOR, Arturo Cisneros, trustee (Motion filed 3/9/18)
Re: 2017 JEEP RENEGADE, VIN ZACCJABB4HPF57546
EH
Docket 12
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver. and annulment, as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Danielle R. Blaine Represented By Patricia M Ashcraft
Movant(s):
Santander Consumer USA Inc. dba Represented By
Sheryl K Ith
10:00 AM
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
McCarthy & Holthus, LLP - movant attorney Motion for Relief from Stay
Bank of America vs. DEBTORS (Motion filed 3/14/18)
Re: 8230 Whispering Tree Drive, Riverside, CA 92509 EH
Docket 40
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver. The request for relief under §362(d)(2) is denied as equity exists.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Mark Douglas Brittian Sr. Represented By William D Gurney
Joint Debtor(s):
Linda Sue Brittian Represented By William D Gurney
10:00 AM
Movant(s):
Bank of America, N.A. as servicing Represented By
Nancy L Lee
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Santander Consumer USA Inc. vs. DEBTORS, Lynda Bui, trustee (Motion filed 3/16/18)
Re: 2012 CHEVROLET CAMARO, VIN 2G1FK1EJ3C9188754
EH
Docket 16
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Aaron Christopher Petersen Represented By Nicholas M Wajda
Joint Debtor(s):
Desiree Ann Petersen Represented By Nicholas M Wajda
10:00 AM
Movant(s):
Santander Consumer USA Inc. Represented By Sheryl K Ith
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Law Office of Vincent V. Frounjian, P.C. - movant attorney Motion for Relief from Stay
American Honda Finance Corporation vs. DEBTOR, Charles W. Daff, trustee (Motion filed 3/22/18)
Re: 2013 HONDA ACCORD
EH
Docket 11
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested (Debtor filed a non-opposition on 4/3/18 [Dk. 13]). Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Rochelle Tishana Holmes-Dorseau Represented By
Marvin Jarrett Mann
Movant(s):
AMERICAN HONDA FINANCE Represented By
Vincent V Frounjian
10:00 AM
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
James M. Blucker - movant attorney Motion for Relief from Stay
Geanie YJL Cai vs. DEBTORS (Motion filed 3/20/18)
Re: 12849 San Juan St. Victorville, CA 92395 EH
Docket 11
Tentative for 4/17/18:
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver. The request for extraordinary relief is denied as Movant has not demonstrated that such relief is warranted.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
*************************************************************************** Tentative for 3/20/18 is to DENY for improper service.
Movant failed to serve Debtor, as required by LBR 4001-1(c)(1)(A).
If the issue of service was cured or waived, Movant's request for extraordinary relief (¶¶ 7, 9, 10, 11) would be DENIED as Movant submits no facts
10:00 AM
demonstrating the granting of such relief. Appearances required.
Debtor(s):
Rodney Desean Leverett Sr. Represented By Nicholas M Wajda
Joint Debtor(s):
Lecrescia Marlene Leverett Represented By Nicholas M Wajda
Movant(s):
Geanie YJL Cai Represented By James M Blucker
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
H.G. Long & Associates - movant attorney Motion for Relief from Stay
Abbyfield Properties, LP vs. DEBTOR (Motion filed 4/3/18)
Re: 142 W Baseline Road, Rialto, CA EH
Docket 10
- NONE LISTED -
Debtor(s):
Alexander Tofick David Pro Se
Movant(s):
Abbyfield Properties LP Represented By Helen G Long
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
Zieve, Brodnax & Steele, LLP - movant attorney Motion for Relief from Stay
U.S. Bank National Association vs. DEBTOR (Motion filed 3/14/18)
Re: 14408 Ivy Street, Adelanto, California 92301 EH
Docket 8
Tentative for 4/17/18:
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver. The request for extraordinary relief (¶7, 9-11) is denied as Movant has not provided facts demonstrating such relief is warranted.
Appearances required.
Debtor(s):
Lucia Blandon Pro Se
Movant(s):
U.S. Bank National Association, as Represented By
Erin M McCartney
10:00 AM
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
Anderholt Whittaker LLP - movant attorney Motion for Relief from Stay
WEA Palm Desert, LLC vs. DEBTOR (Motion filed 3/27/18)
Re: 72-840 Highway 111, #D159, Palm Desert, CA 92260 EH
Docket 21
Tentative for 4/17/18 is GRANT pursuant to §362(d)(1) and deny the request for extraordinary relief (¶7, 9, 11, 12) as Movant has not demonstrated that such relief is warranted.
Appearances required.
Debtor(s):
Steve Van Tran Represented By Roman Quang Vu
Movant(s):
WEA Palm Desert LLC Represented By Robert J Evans
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
Mandelbaun & Robinson LLP - movant attorney Motion for Relief from Stay
TTC ROC III Promenade, LLC vs. DEBTOR (Motion filed 3/23/18)
Re: 361 Wellesley Drive #108, Corona, CA 92879 EH
Docket 8
- NONE LISTED -
Debtor(s):
Nickey Garcia Pro Se
Movant(s):
TTC ROC III Promenade, LLC Represented By Joseph Cruz
Trustee(s):
Steven M Speier (TR) Pro Se
11:00 AM
Hrg. on trustee's final report; applications for compensation EH
Docket 0
Tentative for 4/17/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Richard John Rinard Pro Se
Trustee(s):
Helen R. Frazer (TR) Represented By
Helen R. Frazer (TR) D Edward Hays Arjun Sivakumar Laurel R Zaeske
11:00 AM
Hrg. on Debtor's motion filed 3/16/18 (1) For Relief Pursuant To FRCP 60 and FRBP 9024 From Order Granting Application To Employ Thompson & Colegate LLP As General Counsel And (2) For Remedies For Nondisclosure Of Material Connections Pursuant To FRBP 2014
EH
Docket 35
Tentative for 4/17/18 is to GRANT in part and DENY in part.
The Motion is granted as to the request to vacate the Order Granting Application to Employ Thompson & Colegate, LLP entered November 30, 2016 [Dk. 30] and to deny Thompson & Colegate, LLP's employment as general counsel. The Motion is denied as to the request that Thompson & Colegate disgorge all fees as that matter is not yet ripe for determination.
Finally, with respect to the request for fees contained in the Reply filed 4/10/18 [Dk. 41], Movant may only be awarded fees, if appropriate, pursuant to a separately filed motion.
Appearances required.
Debtor(s):
One Virtual Health, Inc. Represented By Paul Y Lee
Trustee(s):
Helen R. Frazer (TR) Represented By John A Boyd
11:00 AM
Hrg. on Debtor's motion filed 3/16/18 for (1) Relief Pursuant To FRCP 60 and FRBP 9024 From Order Granting Application To Employ Thompson & Colegate LLP As General Counsel And (2) For Remedies For Nondisclosure Of Material Connections Pursuant To FRBP 2014
EH
Docket 34
See tentative for matter #16.
Debtor(s):
HOW2CONNECT.COM, INC. Represented By Paul Y Lee
Trustee(s):
Helen R. Frazer (TR) Represented By John A Boyd
11:00 AM
Hrg. on Trustee's final report and account; applications for fees and expenses EH
Docket 33
Tentative for 4/17/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Lorena Velasquez Represented By Michael R Totaro
Trustee(s):
Charles W Daff (TR) Pro Se
11:00 AM
Hrg. on Order to Show Cause was case should not be dismissed for failure to pay final fee installment of $85.00
EH
Docket 0
Tentative for 4/17/18 is to DISMISS case for failure to pay installment fee.
Debtor(s):
Corinthia Ieisha Crawford Pro Se
Trustee(s):
Karl T Anderson (TR) Pro Se
11:00 AM
Hrg. on Chapter 7 Trustee's Application filed 3/16/18 To Employ Goe & Forsythe, LLP as General Counsel
EH
Docket 35
Tentative for 4/17/18 is to GRANT the application.
Appearances required.
Debtor(s):
Francis A Pignone Represented By
David A Akintimoye
Joint Debtor(s):
Maria Haydee Pignone Represented By
David A Akintimoye
Trustee(s):
Steven M Speier (TR) Represented By Robert P Goe
1:30 PM
Hrg. on Order to Show Cause re: Vacation of Confirmation Order and Conversion of Dismissal of Case
(Cont. from 3/20/18) EH
Docket 0
Tentative for 4/17/18:
The Court has received and reviewed the Declaration filed 4/4/18 [Dk. 176] by Debtor's counsel and is inclined to discharge the OSC.
Appearances required.
*************************************************************************** Tentative for 3/20/18:
On February 20, 2018, the Court entered an Order to Show Cause [Dk. 166] regarding why the order approving Debtor's plan should not be vacated and the Chapter 11 case dismissed or converted due to Debtor's failure to either file a Post-Confirmation status report for or appear at the Post-Confirmation Status Conference on February 20, 2018 at 1:30 p.m. Responses were due March 6, 2018. As of the posting of this tentative, no response has been filed.
The Court is inclined to vacate the order confirming the plan and either dismiss or convert the case, but would like input from the UST regarding whether the case should be dismissed or converted to Chapter 7.
Appearances required.
1:30 PM
Debtor(s):
MJM Ventures, Inc. Represented By John B Lightfeldt
1:30 PM
Hrg. on Post Confirmation Chapter 11 Status Conference (Cont from 3/20/18)
EH
Docket 0
Tentative for 4/17/18:
The Court notes that the status conference report filed 4/5/18 [Dk. 175] anticipates "the Second Amended Plan to be fully consummated by August 1, 2018." The terms of the Second Amended Plan, however, require consummation upon the earlier of: (a) the sale of Parcel (A-E), or (b) May 1, 2018.
Appearances required.
****************************************************************************** Tentative for 3/20/18:
As of the posting of this tentative, no status report or response to the Order to Show Cause [Dk. 166] has been filed.
The Court is inclined to vacate the order confirming the plan and either dismiss or convert the case, but would like input from the UST regarding whether the case should be dismissed or converted to Chapter 7.
Appearances required.
*********************************************************************************** Tentative for 2/20/18:
1:30 PM
As of the posting of this tentative, no Status Report has been filed. What is the status of this case?
The Court is inclined to sanction Debtor $100 for failure to timely file a status report as required in the previous tentative.
*********************************************************************************** Tentative for 10/17/17:
The Court has received and reviewed the Status Report filed 10/13/17 [Dk. 159]. The Post-Confirmation Status Conference is continued to February 20, 2017, at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
MJM Ventures, Inc. Represented By John B Lightfeldt
1:30 PM
Hrg. on Debtors' Motion filed 3/27/18 to Use Cash Collateral and granting replacement liens to (A) Beverly Gross and (B) New Lakeview Farms, LLC and
(2) Approving stipulation for adequate protection and use of cash collateral with the United States and Allstar Financial Services, Inc. filed by Debtor Foster Enterprises, a California general partnership)
EH
Docket 245
- NONE LISTED -
Debtor(s):
Foster Enterprises, a California Represented By Dean G Rallis Jr Matthew D Pham Gregory K Jones
1:30 PM
Hrg. on Application to employ counsel Michael J. Allison
(Put on calendar by Order signed 3/20/18)
Docket 0
Tentative for 4/17/18:
Counsel must appear and be prepared to discuss the provisions in the Retainer Agreement regarding scope of services.
Debtor(s):
Mario Antonio Garcia Sr. Represented By Michael J Allison
Joint Debtor(s):
Veronica Bolanos Garcia Represented By Michael J Allison
1:30 PM
Adv#: 6:17-01219 Frazer v. Wood et al
Hrg. on Defendants, Tracy Wood, Bekka Davis and Greg Sledziewski's Motion filed 3/16/18 to Dismiss Amended Complaint For Failure To State A Claim Pursuant To Rule 12(b)
EH
Docket 31
Tentative for 4/18/17 is to GRANT.
Appearances required.
Debtor(s):
HOW2CONNECT.COM, INC. Represented By Paul Y Lee
Defendant(s):
Tracy Wood Represented By
Donald Reid Robert P Goe
Melinda Ogg Represented By
William M Burd
Joni Dimmit Represented By
William M Burd
Bekka Davis Represented By
Donald Reid Robert P Goe
Greg Sledziewski Represented By
1:30 PM
Donald Reid Robert P Goe
Plaintiff(s):
Helen R. Frazer Represented By John A Boyd
Trustee(s):
Helen R. Frazer (TR) Represented By John A Boyd
1:30 PM
Adv#: 6:17-01219 Frazer v. Wood et al
STATUS CONFERENCE re: Complaint for 1) Fraud 2) Alter Ego 3) Fraudulent Transfer 4) Unfair Business Practices 5) Breach of Fiduciary Duties
(Cont. from 4/4/18) EH
Docket 1
- NONE LISTED -
Debtor(s):
HOW2CONNECT.COM, INC. Represented By Paul Y Lee
Defendant(s):
Tracy Wood Pro Se
Melinda Ogg Pro Se
Joni Dimmit Pro Se
Bekka Davis Pro Se
Greg Sledziewski Pro Se
Plaintiff(s):
Helen R. Frazer Represented By John A Boyd
Trustee(s):
Helen R. Frazer (TR) Represented By
1:30 PM
John A Boyd
1:30 PM
Adv#: 6:17-01217 Frazer v. Wood et al
Hrg. on Defendant, Tracy Wood's Motion filed 3/16/18 to Dismiss Adversary Proceeding For Failure To State A Claim Pursuant To Rule 12(b)
EH
Docket 31
Tentative for 4/18/17 is to GRANT.
Appearances required.
Debtor(s):
One Virtual Health, Inc. Represented By Paul Y Lee
Defendant(s):
Tracy Wood Represented By
Donald Reid Robert P Goe
Melinda Ogg Represented By
William M Burd
Joni Dimmit Represented By
William M Burd
Bekka Davis Represented By
Donald Reid Robert P Goe
Greg Sledziewski Represented By Donald Reid
1:30 PM
Robert P Goe
Plaintiff(s):
Helen R. Frazer Represented By John A Boyd
Trustee(s):
Helen R. Frazer (TR) Represented By John A Boyd
1:30 PM
Adv#: 6:17-01217 Frazer v. Wood et al
STATUS CONFERENCE re: Complaint for 1) Fraud 2) Alter Ego 3) Fraudulent Transfer 4) Unfair Business Practices 5) Breach of Fiduciary Duties
(Cont. from 4/4/18) EH
Docket 1
- NONE LISTED -
Debtor(s):
One Virtual Health, Inc. Represented By Paul Y Lee
Defendant(s):
Tracy Wood Pro Se
Melinda Ogg Pro Se
Joni Dimmit Pro Se
Bekka Davis Pro Se
Greg Sledziewski Pro Se
Plaintiff(s):
Helen R. Frazer Represented By John A Boyd
Trustee(s):
Helen R. Frazer (TR) Represented By
1:30 PM
John A Boyd
1:30 PM
Adv#: 6:17-01262 Pringle v. The United States of America on Behalf of The Unit
STATUS CONFERENCE re: Complaint by John P. Pringle against The United States of America on Behalf of The United States Department of Education.
Nature of Suit: Recovery of money/property - 548 fraudulent transfer, other (Cont. from 3/7/18)
EH
Docket 1
- NONE LISTED -
Debtor(s):
Four-D College Represented By Linda A Lindsey Michael G Portner
Defendant(s):
The United States of America on Pro Se
Plaintiff(s):
John P. Pringle Represented By Anthony A Friedman Lindsey L Smith Todd A Frealy
Trustee(s):
John P Pringle (TR) Represented By Juliet Y Oh
1:30 PM
Todd A Frealy Anthony A Friedman Keith Levey
1:30 PM
Adv#: 6:18-01031 Pringle v. Manley et al
STATUS CONFERENCE: RE: Complaint by John Pringle against William S. Manley and Garold Wormington - 542
EH
Docket 1
Tentative for 4/18/18:
This matter is CONTINUED to 5/2/18 at 1:30 p.m. to coincide with the hearing on the motion for default judgment.
Appearances are excused.
Debtor(s):
Ann Lighthall Marshall Represented By Karen E Lockhart
Defendant(s):
William S. Manley Pro Se
William S. Manley Pro Se
Garold Wormington Pro Se
Garold Wormington Pro Se
Plaintiff(s):
John Pringle Represented By
Michelle A Marchisotto
1:30 PM
Trustee(s):
John P Pringle (TR) Represented By Patricia Miller
10:00 AM
Adv#: 8:17-01159 Marshack v. American Express Bank FSB et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Turnover And Avoidance Of Preferential Transfers And Recovery Of The Value Of Such Transfers
(Complaint filed 10/7/17) FR: 1-24-18
Docket 1
Tenative for 4/18/18:
The Court has received and reviewed the unilateral status report filed 4/09/18 [Dk. 10]. This matter is CONTINUED to August 1, 2018 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
************************************************************************** Tentative for 1/24/18:
The Court has received and reviewed the unilateral status report filed in 1/14/18 [Dk. 8], which represents that the Trustee has reached a settlement with two of the three defendants and will seek entry of default and default judgment against the third. Accordingly, the status conference is CONTINUED to 4/18/18 at 10:00 a.m.
Appearances are excused.
Debtor(s):
Lilibeth Del Rosario Represented By Mark D Klein
10:00 AM
Defendant(s):
American Express Bank FSB Pro Se
JP Morgan Chase Bank Pro Se
Credit First Pro Se
Joint Debtor(s):
Aristotle Perlas Del Rosario Represented By Mark D Klein
Plaintiff(s):
Richard A Marshack Represented By Anerio V Altman
Trustee(s):
Richard A Marshack (TR) Represented By Anerio V Altman
10:00 AM
Adv#: 8:17-01054 Wagner et al v. Coronado
PRE-TRIAL CONFERENCE Hearing RE: First Amended Complaint Objecting To The Dischargeability Of Debts Owed To The Plaintiffs Under 11 U.S.C.
Section 523
(Complaint filed 4/17/17)
(First Amended Complaint filed 7/17/17) (PTC set at S/C held 8/16/17)
Docket 13
- NONE LISTED -
Debtor(s):
Jaime Xavier Coronado Represented By Nathan Fransen
Defendant(s):
Jaime Xavier Coronado Represented By Nathan Fransen
Plaintiff(s):
Franz Wagner Represented By David Wood
Ron Dewalt Represented By
David Wood
Mark John Le Represented By
David Wood
Am Thi Le Represented By
10:00 AM
David Wood
Thu Van Le Represented By
D Edward Hays David Wood
Trustee(s):
Jeffrey I Golden (TR) Pro Se
10:00 AM
Adv#: 8:17-01151 Sorensen v. Bozych
CONT'D STATUS CONFERENCE Hearing RE: First Amended Complaint To:
Object To Discharge Pursuant To 11 U.S.C. Section 727(a)(4);
Determine Dischargeability Of Debt Pursuant To 11 U.S.C. Section 523(a) (2)
(Complaint filed 9/20/17)
(First Amended Complaint filed 2/12/18) FR: 12-20-17; 1-24-18
Docket 1
Tentative for 4/18/18 is to set a CONTINUED status conference date of July 11, 2018 at 11:00 a.m. A status report is due 14 days in advance.
***************************************************************************** Tentative for 1/24/18 is to set a CONTINUED status conference date of April 18, 2018 at 10:00 a.m. A joint status report is due 14 days in advance.
Debtor(s):
Damien Rae Bozych Represented By Richard G Heston
Defendant(s):
Damien Rae Bozych Represented By Richard G Heston Benjamin R Heston
Plaintiff(s):
Kerry L Sorensen Pro Se
10:00 AM
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
Adv#: 8:17-01151 Sorensen v. Bozych
Hearing RE: Motion To Dismiss First Amended Complaint Pursuant To FRCP Rule 12(b)(6) And Rule 9(b)
(Motion filed 3/12/18)
Docket 22
Tentative for 4/18/18 is to GRANT with leave to amend. An amended complaint must be filed by no later than May 4, 2018.
Appearances required.
Debtor(s):
Damien Rae Bozych Represented By Richard G Heston
Defendant(s):
Damien Rae Bozych Represented By Richard G Heston Benjamin R Heston
Movant(s):
Damien Rae Bozych Represented By Richard G Heston Benjamin R Heston
Plaintiff(s):
Kerry L Sorensen Pro Se
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
10:00 AM
Adv#: 8:18-01010 Paglia v. American Express Centurion Bank
STATUS CONFERENCE Hearing RE: Complaint To Recover Preference Payments By Consumer Debtor And Motion For Turnover Under 11 U.S.C.
Section 522(b), 547 And 550 (Complaint filed 1/15/18)
Docket 1
- NONE LISTED -
Debtor(s):
Ralph R. Paglia Represented By Joseph A Weber
Defendant(s):
American Express Centurion Bank Pro Se
Plaintiff(s):
Ralph R. Paglia Represented By Joseph A Weber
Trustee(s):
Thomas H Casey (TR) Pro Se
10:00 AM
Adv#: 8:18-01016 Archuleta v. Paglia
STATUS CONFERENCE Hearing RE: Complaint (Complaint filed 1/25/18)
Docket 1
Tentative for 4/18/18:
As of the posting of this tentative, no status report has been filed as required by the local rules. The tentative is to set an Order to Show Cause for May 16, 2018 at 11:00 a.m. as to why this case should not be dismissed for failure to prosecute.
Appearances required.
Debtor(s):
Ralph R. Paglia Represented By Joseph A Weber
Defendant(s):
Ralph R Paglia Pro Se
Plaintiff(s):
Elizabeth Archuleta Pro Se
Trustee(s):
Thomas H Casey (TR) Pro Se
10:00 AM
Adv#: 8:18-01006 Richard A. Marshack, Chapter 7 Trustee, v. Larson et al
STATUS CONFERENCE Hearing RE: Complaint:
To Determine The Validity, Priority, And Extent Of Liens;
Objecting To Daniel Keith Larson And Erin Ellen Larson [Claim No. 3] Filed On December 21, 2017;
To Surcharge Lienholders For The Expenses Necessary To Perserve Collateral Securing Their Claims; And
Damages For Violations Of Section 807 Of The FDCPA, 15 U.S.C. Section 1692e
(Complaint filed 1/9/18)
Docket 1
- NONE LISTED -
Debtor(s):
Dana Kim Shelton Represented By Christopher P Walker
Defendant(s):
Daniel Keith Larson Pro Se
Erin Ellen Larson Pro Se
Peter Kote Represented By
Jeffrey Chiao Hsu
BANK OF AMERICA, N.A Represented By Timothy G Ceperley
10:00 AM
Plaintiff(s):
Richard A. Marshack, Chapter 7 Represented By
Misty A Perry Isaacson
Trustee(s):
Richard A Marshack (TR) Represented By
Misty A Perry Isaacson
10:00 AM
Adv#: 8:18-01006 Richard A. Marshack, Chapter 7 Trustee, v. Larson et al
Hearing RE: Demurrer, Motion To Strike, Motion To Quash Chapter 7 Trustee's Complaint (1) To Determine The Validity, Priority, And Extent Of Liens (2) Objecting To Daniel Keith Larson And Erin Ellen Larson [Claim No. 31 Filed On December 21, 2017; (3) To Surcharge Lienholders For The Expenses Necessary To Preserve Collateral Securing Their Claims; And (4) Damages For Violations Of Section 807 Of The FDCPA, 15 U.S.C. Section 1692e
(Motion filed 2/13/18)
Docket 13
- NONE LISTED -
Debtor(s):
Dana Kim Shelton Represented By Christopher P Walker
Defendant(s):
Daniel Keith Larson Pro Se
Erin Ellen Larson Pro Se
Peter Kote Represented By
Jeffrey Chiao Hsu
BANK OF AMERICA, N.A Represented By Timothy G Ceperley
Movant(s):
Daniel Keith Larson Pro Se
10:00 AM
Erin Ellen Larson Pro Se
Plaintiff(s):
Richard A. Marshack, Chapter 7 Represented By
Misty A Perry Isaacson
Trustee(s):
Richard A Marshack (TR) Represented By
Misty A Perry Isaacson
11:00 AM
Hearing RE: Trustee's Motion For Order Denying Transfer Of Claim (Motion filed 3/12/18)
Docket 573
Tentative for 4/18/18 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Renaissance Surgical Arts at Pro Se
Movant(s):
Jeffrey I Golden (TR) Represented By
Jeffrey I Golden (TR) Eric P Israel
Iain A W Nasatir Aaron E de Leest
Trustee(s):
Jeffrey I Golden (TR) Represented By
Jeffrey I Golden (TR) Eric P Israel
Iain A W Nasatir Aaron E de Leest
11:00 AM
Adv#: 8:15-01419 Marshack v. Prudential Financial, Inc.
CONT'D Hearing RE: Defendant Pruco Life Insurance Company's Cross-Motion For Partial Summary Judgment
(Motion filed 5/17/17)
FR: 6-28-17; 8-16-17; 9-13-17; 12-13-17; 1-24-18; 3-14-18
Docket 48
- NONE LISTED -
Debtor(s):
DRI Companies Represented By Todd C. Ringstad
Christopher Minier Brian R Nelson
Defendant(s):
Prudential Financial, Inc. Represented By Jeffrey D Cawdrey Jennifer E Duty
Plaintiff(s):
Richard A. Marshack Represented By Judith E Marshack Chad V Haes
Trustee(s):
Richard A Marshack (TR) Represented By
11:00 AM
D Edward Hays Chad V Haes Kyra E Andrassy Judith E Marshack
Leonard M Shulman Melissa Davis Lowe
11:00 AM
Adv#: 8:17-01083 Marshack (TR) v. CNA Claimplus, Inc. et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Turnover Of Property Of The Estate [11 U.S.C. Section 542];
Declaratory Relief As To The Extent And Validity Of Lien [11 U.S.C. 363(p) (2)]
Damages For Willful Violation Of The Automatic Stay [11 U.S.C. 362(k)(1);
And
Injunctive Relief (Complaint filed 5/26/17)
FR: 8-16-17; 11-8-17; 12-13-17; 2-7-18
Docket 1
- NONE LISTED -
Debtor(s):
DRI Companies Represented By Todd C. Ringstad
Christopher Minier Brian R Nelson
Defendant(s):
CNA Claimplus, Inc. Represented By Kelly S Biggins
American Casualty Company of Represented By Kelly S Biggins
Continental Casualty Company Represented By
11:00 AM
Kelly S Biggins
Plaintiff(s):
Richard A. Marshack (TR) Represented By
D Edward Hays Chad V Haes
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays Chad V Haes Kyra E Andrassy Judith E Marshack
Leonard M Shulman Melissa Davis Lowe
11:00 AM
Hearing RE: Motion To Show Cause ("OSC") Why Attorney Luis E. Vasquez Should Not Be Referred To The Disciplinary Panel For Bankruptcy Courts Of The Central District Of California Or In The Alternative Impose Discipline Pursuant To Local Rule 83-3.1 Of The Local Rules Of The Central District Of California
(Motion filed 3/13/18)
Docket 41
- NONE LISTED -
Debtor(s):
Dinesh V Shah Represented By Luis E Vasquez
Movant(s):
United States Trustee (SA) Represented By Frank Cadigan
Trustee(s):
Richard A Marshack (TR) Pro Se
11:00 AM
Hearing RE: Motion For Denial Of Discharge Pursuant To 11 U.S.C. Section 727(a)(8)
(Motion filed 3/8/17)
Docket 10
Tentative for 4/18/18 is to GRANT and deny discharge pursuant to §727(a) (8).
Debtor(s):
Trung Tang Pro Se
Movant(s):
United States Trustee (SA) Represented By
Nancy S Goldenberg
Trustee(s):
Jeffrey I Golden (TR) Pro Se
11:00 AM
Hearing RE: Motion To Approve Notice To Unknown Creditors By Publication (Motion filed 3/27/18)
Docket 11
Tentative for 4/18/18 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Travel America Vacations, Inc. Represented By
Kerry A. Moynihan
Trustee(s):
Karen S Naylor (TR) Pro Se
1:30 PM
CONT'D Hearing RE: Motion Seeking: (1) Disallowance Of Claims 14 And 16; And (2) Striking Claims Alleged In Adversary Nos. 8:17-ap-01094 And 8:17-ap- 01092 On The Grounds The Same Were Filed Based on Falsified Evidence (Motion filed 11/22/17)
FR: 12-14-17; 2-21-18
Docket 219
- NONE LISTED -
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman William N Lobel
1:30 PM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 2/24/17)
FR: 4-20-17; 7-11-17; 8-17-17; 11-9-17; 12-14-17; 2-21-18
Docket 1
Tentative for 4/18/18:
The Court has received and reviewed the Status Report filed 4/4/18 [Dk. 383]. Appearances required.
***************************************************************************** Tentative for 2/21/18:
The Court has received and reviewed the Status Report filed 2/7/18 [Dk. 299], and the supplemental Status Report filed 2/16/18 [Dk. 313].
Appearances required.
***************************************************************************** Tentative for 12/14/17:
This matter is CONTINUED to 4/19/18 at 11:00 a.m. to coincide with the hearing on the adequacy of the disclosure statement.
Appearances are excused.
****************************************************************************
1:30 PM
Tentative for 11/09/17:
This matter is CONTINUED to 12/14/17 at 11:00 a.m. to coincide with the hearing on the adequacy of the disclosure statement.
Appearances are excused.
*************************************************************************** Tentative for 8/17/17:
This matter is CONTINUED to 11/9/17 at 11:00 a.m. to coincide with the hearing on the adequacy of the disclosure statement.
Appearances are excused.
************************************************************ Tentative for 4/20/17:
The Court has reviewed the status reports in their entirety. The Court is inclined to set the following dates:
The bar date for filing of claims is set for June 16, 2017;
Debtor shall serve Notice of Bar Date to all creditors and parties in interest no later than April 25, 2017;
A Disclosure Statement and Plan must be filed on or before June 26, 2017;
A Continued Status Conference shall be held on June 29, 2017, at 11:00 a.m.
No appearances are necessary at the Status Conference on April 20, 2017 at 11:00 a.m. Debtor to lodge order within 7 days.
Debtor(s):
John Jean Bral Represented By Beth Gaschen
1:30 PM
Adv#: 8:17-01092 Beitler v. Bral
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Non-
Dischargeability Of Debt Under Bankruptcy Code Section 523 (Complaint filed 6/2/17) (First Amended Complaint filed 12/1/17)
FR: 8-31-17; 11-9-17; 12-7-17; 1-24-18; 1-25-18; 2-21-18
Docket 1
Tentative for 4/18/18:
None listed.
************************************************************************ Tentative for 2/21/18:
None listed.
************************************************************************ Tentative for 12/07/17:
This matter is CONTINUED to February 22, 2018, at 11:00 a.m. A status report is due 14 days in advance.
Appearances for the 12/07/17 hearing are excused.
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
1:30 PM
Defendant(s):
John Jean Bral Pro Se
Plaintiff(s):
Barry Beitler Represented By
Krikor J Meshefejian Gary E Klausner
1:30 PM
Adv#: 8:17-01095 Steward Financial LLC v. Bral
CONT'D STATUS CONFERENCE Hearing RE: First Amended Complaint To Determine Non-Dischargeability Of Debt Under Bankruptcy Code Section 523 (Complaint filed 6/2/17) (First Amended Complaint filed 12/1/17)
FR: 8-31-17; 11-9-17; 12-7-17; 1-24-18; 1-25-18; 2-21-18
Docket 1
Tentative for 4/18/18:
None listed.
************************************************************************ Tentative for 2/21/18:
None listed.
************************************************************************ Tentative for 12/07/17:
This matter is CONTINUED to February 22, 2018, at 11:00 a.m. A status report is due 14 days in advance.
Appearances for the 12/07/17 hearing are excused.
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
1:30 PM
Defendant(s):
John Jean Bral Pro Se
Plaintiff(s):
Steward Financial LLC Represented By
Krikor J Meshefejian Gary E Klausner
1:30 PM
Adv#: 8:17-01094 Beitler & Associates, Inc. dba Beitler Commercial v. Bral
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Non-
Dischargeability Of Debt Under Bankruptcy Code Section 523 (Complaint filed 6/2/17) (First Amended Complaint filed 12/1/17)
FR: 8-31-17; 11-9-17; 12-7-17; 1-24-18; 1-25-18; 2-21-18
Docket 1
Tentative for 4/18/18:
None listed.
************************************************************************ Tentative for 2/21/18:
None listed.
************************************************************************ Tentative for 12/07/17:
This matter is CONTINUED to February 22, 2018, at 11:00 a.m. A status report is due 14 days in advance.
Appearances for the 12/07/17 hearing are excused.
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
1:30 PM
Defendant(s):
John Jean Bral Pro Se
Plaintiff(s):
Beitler & Associates, Inc. dba Represented By
Krikor J Meshefejian Gary E Klausner
9:30 AM
Adv#: 8:16-01049 Citibank, N.A. v. Carlin
CONT'D TRIAL RE: Plaintiff Citibank, N.A.'s Complaint For Determination Of Nondischargeability Of Debt Pursuant To 11 U.S.C. Section 523(A)(2)(A) (Complaint filed 2/19/16)
(PTC set at S/C held 5/11/16) (Trial set at PTC held 10/4/17)
FR: 5-11-16; 10-19-16; 12-14-16; 4-19-17; 7-12-17; 8-13-17; 10-4-17; 1-29-18
Docket 1
Debtor(s):
Johnnie Rae Carlin Represented By Steven A Alpert
Defendant(s):
Johnnie Rae Carlin Represented By David Brian Lally
Plaintiff(s):
Citibank, N.A. Represented By Daniel H Wu
Trustee(s):
Karen S Naylor (TR) Pro Se
11:00 AM
Hearing RE: Trustee's Motion For Order Authorizing Abandonment Of Vehicles (Motion filed 4/18/18)
Docket 86
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays
11:00 AM
Hearing RE: The Chapter 7 Trustee's Motion For Order: (1) Authorizing The Trustee To Reject Certain Unexpired Leases And Executory Contracts Pursuant To 11 U.S.C. Section 365(a); (2) Authorizing Trustee To Turnover Possession Of Properties That Debtor Is Not A Lessee Or The Terms Of The Lease Expired Pre-Petition; (3) Abandonment Of Personal Property With A Culmulative Net Value Of $5,000 Or Less At Each Location; And (4) Approval Of Agreements With Certain Landlords To Vacate Properties And A Release Of Claims Pursuant To Rule 9019 Of The Federal Rules Of Bankruptcy Procedure
(Motoin filed 4/18/18)
Docket 87
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays
11:00 AM
Hearing RE: Chapter 7 Trustee's Emergency Motion For Order: (1) Authorizing Operation Of The Debtors' Business Pursuant To 11 U.S.C. Section 721; (2) Retain And Pay Certain Employees To Facilitate The Collection Of Outstanding Account Receivables; (3) Pay Operating Expenses; (4) Authorizing Use Of Cash Collateral Pursuant To 11 U.S.C. Section 363; And (5) Authorizing Continued Maintenance Of Existing Bank Accounts For A Limited Period Pursuant To 11
U.S.C. Sections 105, 345 And 363 (Moton filed 4/18/18)
Docket 88
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays
10:00 AM
Merritt Law, Inc - movant attorney Motion for Relief from Stay
The Bank of New York Mellon vs. DEBTORS (Motion filed 3/27/18)
Re: 13185 Ben Cliff Drive No. A,B, Moreno Valley, California 92553 EH
Docket 53
Tentative for 5/01/18 is to DENY:
Service is improper. The movant did not serve Bank of America, the entity scheduled by Debtors. LBR 4001-1(c)(1)(C) requires service of a motion for relief from stay on the holder of a lien or encumbrance against the subject property that is known to the movant, scheduled by the debtor, or appears in the public record and any other party entitled to receive notice under FRBP 4001.
An equity cushion exceeding 20% exists. See Declaration of Shane Ellis ¶11.g. The Ninth Circuit has held that a 20% equity cushion adequately protects a creditor’s security interest. In re Mellor, 734 F.2d 1396, 1401 (9th Cir. 1984).
Appearances required.
Debtor(s):
Manuel Tejeda Represented By
10:00 AM
Moises S Bardavid
Joint Debtor(s):
Maria Trinidad Tejeda Represented By Moises S Bardavid
Movant(s):
The Bank of NewYork Mellon FKA Represented By
Tyneia Merritt
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Law Offices of Austin P. Nagel - movant attorney Motion for Relief from Stay
Toyota Motor Credit Corporation vs DEBTORS (Motion filed 4/2/17)
Re: 2015 Lexus IS250
EH
Docket 37
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Carole Jo Spears Represented By Kevin M Cortright
Joint Debtor(s):
Bobby Lee Spears Represented By Kevin M Cortright
Movant(s):
Toyota Motor Credit Corporation, Represented By
10:00 AM
Trustee(s):
Austin P Nagel
Arturo Cisneros (TR) Represented By
Misty A Perry Isaacson
10:00 AM
Prenovost, Normandin, Bergh & Dawe - movant attorney Motion for Relief from Stay
LBS Financial Credit Union vs. DEBTORS (Motion filed 3/30/18)
Re: 2013 Harley FXDB Street Bob EH
Docket 22
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Christopher Farris Represented By Christopher Hewitt
Joint Debtor(s):
Samantha Farris Represented By
10:00 AM
Movant(s):
Christopher Hewitt
LBS Financial Credit Union Represented By Karel G Rocha
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
Wright, Finlay & Zak, LLP - movant attorney Motion for Relief from Stay
Federal National Mortgage Association vs. DEBTOR (Motion filed 3/29/18)
Re: 47792 Calle Zafiro, Indio, CA 92201 EH
Docket 16
Tentative for 5/1/18 is to DENY:
Pursuant to Movant's supporting declaration, an equity cushion exceeding 50% exists. See Declaration of Shane A. Inman ¶¶11.g and h. The Ninth Circuit has held that a 20% equity cushion adequately protects a creditor’s security interest. In re Mellor, 734 F.2d 1396, 1401 (9th Cir. 1984).
Appearances required.
Debtor(s):
Christa Marie Aubry Represented By Salvatore Bommarito
Movant(s):
Federal National Mortgage Represented By
10:00 AM
Trustee(s):
Nichole Glowin
Charles W Daff (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Americredit Financial Services, Inc. vs DEBTOR, Robert Whitmore, Trustee (Motion filed 4/4/18)
Re: 2009 Toyota Camry EH
Docket 11
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Gloria Torres Represented By
Aaron Lloyd
Movant(s):
Americredit Financial Services, Represented By
10:00 AM
Trustee(s):
Mandy D Youngblood Sheryl K Ith
Robert Whitmore (TR) Pro Se
10:00 AM
McCarthy & Holthus, LLP - movant attorney Motion for Relief from Stay
Select Portfolio Servicing, Inc. vs. DEBTOR (Motion filed 4/4/18)
RE: 1123 Highland Court, Beaumont, CA 92223 EH
Docket 15
Tentative for 5/01/18 is to Grant pursuant to 11 U.S.C. §362(d)(1) and §362 (d)(2) with 4001(a)(3) waiver.
The Court has received Debtor's Opposition and declaration filed 4/17/18 [Dks. 18-19] in which Debtor asserts that he was told by U.S. Bank that he had no loan with U.S. Bank and that U.S. Bank has engaged in unfair lending practices.
As noted by the Ninth Circuit BAP in Budd v. Fid. Asset Mgmt., LLC (In re Budd), 2011 Bankr. LEXIS 4317 (B.A.P. 9th Cir. July 12, 2011):
"Simply put, motions for relief from stay are summary proceedings. Id.; see also Grella v. Salem Five Cent Sav. Bank, 42 F.3d 26, 33 (1st Cir. 1994) ("We find that a hearing on a motion for relief from stay is merely a summary proceeding of limited effect, and . . . a court hearing a motion for relief from stay should seek only to determine whether the party seeking relief has a colorable claim to property of the estate.");
10:00 AM
Johnson v. Righetti (In re Johnson), 756 F.2d 738, 740-41 (9th Cir. 1985) ("Hearings on relief from the automatic stay are thus handled in a summary fashion. The validity of the claim or contract underlying the claim is not litigated during the hearing.")."
Here, Movant has demonstrated that it has a "colorable claim" and that relief is warranted.
Appearances required.
Debtor(s):
Richard Caulker Represented By Herbert N Wiggins
Movant(s):
Select Portfolio Servicing, Inc. as Represented By
Nancy L Lee
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
Severson & Werson, P.C. - movant attorney Motion for Relief from Stay
Ally Bank vs. DEBTOR (Motion filed 4/4/18)
Re: 2017 Chrysler Pacifica EH
Docket 11
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Miguel Vidal Pro Se
Movant(s):
Ally Bank Represented By
Adam N Barasch
10:00 AM
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
Law Offices of Austin P. Nagel - movant attorney Motion for Relief from Stay
Toyota Motor Credit Corporation vs. DEBTOR (Motion filed 3/30/18)
Re: 2015 Toyota Prius EH
Docket 7
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Francisco Cazares Melgoza Represented By Kevin Tang
Movant(s):
Toyota Motor Credit Corporation, Represented By
Austin P Nagel
10:00 AM
Trustee(s):
Robert Whitmore (TR) Pro Se
11:00 AM
Hrg. on trustee's final report; applications for compensation EH
Docket 0
Tentative for 5/01/18 is to APPROVE, as modified by the Stipulations filed on 12/26/17 [Dk 64] and on 2/17/18 [Dk 65].
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Robert Clinton Rouse Represented By James P Doan
Trustee(s):
Howard B Grobstein (TR) Represented By Eric P Israel Aaron E de Leest
11:00 AM
Hrg. on trustee's final report; applications for compensation EH
Docket 101
Tentative for 5/01/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Isabel Tenorio Pro Se
Trustee(s):
Lynda T. Bui (TR) Represented By Leonard M Shulman Elyza P Eshaghi Brianna L Frazier Brandon J Iskander
11:00 AM
Hrg. on trustee's final report and applications for compensation EH
Docket 0
Tentative for 5/01/18 is to APPROVE as requested, except as noted below.
Lobel Weiland Golden Friedman LLP's fees shall be reduced by $1,125.00 for fees attributable to the preparation of its own employment application. The "preparation of an application for employment of a professional is a duty generally performed by a trustee without the assistance of an attorney". See In re Garcia, 335 B.R. 717, 725 (B.A.P. 9th Cir. 2005) (where BAP affirmed the denial of fees related to trustee's counsel's employment application in Chapter 7 case, where counsel was retained to negotiate an equity buy back and sell property of the estate). The Firm has not demonstrated that its employment application was not routine, which remains a trustee duty. Id.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Jorge Alberto Ortega Represented By Steven A Alpert
11:00 AM
Trustee(s):
Howard B Grobstein (TR) Represented By Reem J Bello
1:30 PM
Hrg. on Adequacy of Disclosure Statement Describing Debtors' Plan of Reorganization Dated November 7, 2017
(Cont. from 2/20/18) EH
Docket 0
- NONE LISTED -
Debtor(s):
Foster Enterprises, a California Represented By Dean G Rallis Jr Matthew D Pham Gregory K Jones
1:30 PM
Hrg. on Chapter 11 Status Conference (Cont. from 2/20/18)
Docket 1
- NONE LISTED -
Debtor(s):
Foster Enterprises, a California Represented By Dean G Rallis Jr
1:30 PM
Hrg. on Debtors' Motion filed 4/24/18 (1) Authorizing Use of Cash Collateral and Granting Replacement Liens to (A) Beverly Gross and (B) New Lakeview Farms, LLC and (2) Approving Stipulation For Adequate Protection and Use Of Cash Collateral With The United States and Allstar Financial Services, Inc. ISO Debtors' Motion for Order Authorizing Use of Cash Collateral # 3 Declaration of Howard D. Foster (Exs. 1-9) ISO Debtors' Motion for Order Authorizing Use of Cash Collateral # 4 Statement regarding Cash Collateral or Debtor In Possession Financing)
EH
Docket 269
- NONE LISTED -
Debtor(s):
Foster Enterprises, a California Represented By Dean G Rallis Jr Matthew D Pham Gregory K Jones
1:30 PM
Hrg. on Debtor-in-Possession's Motion filed 4/4/18 to Approve Use of Cash Collateral and Adequate Protection
EH
(OST signed 4/4/18) (Cont. from 4/12/18)
Docket 13
- NONE LISTED -
Debtor(s):
CompCare Medical, Inc. Represented By Todd L Turoci
1:30 PM
Adv#: 6:18-01088 Frazer v. 395 Lampe, LLC
Hrg. on Plaintiff's Motion for Preliminary Injunction EH
Docket 3
- NONE LISTED -
Debtor(s):
DESERT RANCH LLLP Represented By Jenny L Doling Summer M Shaw
Defendant(s):
395 Lampe, LLC Pro Se
Plaintiff(s):
Helen R Frazer Represented By Laurel R Zaeske
Trustee(s):
Helen R. Frazer (TR) Represented By Laurel R Zaeske
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 3/9/18 Between Debtor and American Honda Finance Corporation, in the amount of $23,927.65
Re: 2017 Honda Accord
Docket 15
- NONE LISTED -
Debtor(s):
Sidney Michael Altmyer Represented By
C Scott Rudibaugh
Joint Debtor(s):
Marilyn Booth Altmyer Represented By
C Scott Rudibaugh
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 3/27/18, between Debtor and Ford Motor Credit Company LLC, in the amount of $12,602.18
Re: 2014 Ford Focus
Docket 13
- NONE LISTED -
Debtor(s):
Ivan Alex Gargurevich Pro Se
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 3/21/18, between Debtor and Cab West, LLC, in the amount of $7,095.36
Re: 2016 Ford Mustang
Docket 20
- NONE LISTED -
Debtor(s):
Ruben S. Fernandez Represented By
James D. Hornbuckle
Joint Debtor(s):
Stephanie L. Fernandez Represented By
James D. Hornbuckle
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 4/6/18 Between Debtor and Nissan Motor Acceptance Corporation, in the amount of $25,530.50
Re: 2017 Nissan Rogue
Docket 11
- NONE LISTED -
Debtor(s):
Hermilo A. Moya Represented By Daniel King
Joint Debtor(s):
Maribel Urtuzuastegui Moya Represented By Daniel King
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
Hrg. on approval Reaffirmation Agreement Between Debtor and Capital One Auto Finance, a division of Capital One, N.A., in the amount of $17,906.29
Re: 2014 BMW 3 Series
Docket 11
- NONE LISTED -
Debtor(s):
Lisa Duarte Pro Se
Trustee(s):
Karl T Anderson (TR) Pro Se
1:30 PM
Adv#: 6:13-01205 Navarro v. Robertson et al
STATUS CONFERENCE re: Complaint to determine non-dischargeability of debt [11 USC Sec 523(a)(2), (4) and (6)]
(Cont. from 1/24/18) EH
Docket 1
Tentative for 5/2/18:
The Court has received and reviewed the status report filed 4/18/18 [Dk. 47] and will CONTINUE this matter to 9/12/18 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
**************************************************************************** Tentative for 1/24/18:
The Court has received and reviewed the status report filed 1/10/18 [Dk. 45] and will CONTINUE this matter to 5/2/18 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
****************************************************************************** Tentative for 9/13/17:
1:30 PM
The Court has received and reviewed the status report filed 8/29/17 [Dk. 43] and will CONTINUE this matter to 1/24/18 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
****************************************************************************** Tentative for 12/14/2016:
The Court has received and reviewed the status report filed 11/18/2016 [Dk. 40] and will CONTINUE this matter to 9/6/2017 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
**************************************************************************** Tentative for 8/31/2016:
The Court has received and reviewed the status report filed 8/6/2016 [Dk. 38] and will CONTINUE this matter to 12/14/2016 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
**************************************************************************** Tentative for 03/09/16:
The Court has received and reviewed the status report filed 2/24/16 [Dk. 36] and will CONTINUE this matter to August 31, 2016 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
**************************************************************************** Tentative for 11/18/15:
1:30 PM
The Court has received and reviewed the status report filed 10/27/15 [Dk. 34] and will CONTINUE this matter to March 9, 2016 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
************************************************************************** Tentative for 8/19/2015:
The Court has received and reviewed the joint status report filed 8/5/2015 [Dk. 33] and will CONTINUE this matter to 11/18/2015, at 1:30 p.m. A joint status report, detailing the status of the state court proceeding, is due 14 days in advance.
Appearances at the 8/19/2015 status conference are excused.
**************************************************************************** Tentative for 4/1/2015:
The Court has received and reviewed the joint status report filed 3/17/2015 [Dk. 31] and will CONTINUE this matter to 8/19/2015, at 1:30 p.m. A joint status report, detailing the status of the state court proceeding, is due 14 days in advance.
Appearances at the 4/1/2015 status conference are excused.
******************************************************************************* Tentative for 11/19/14:
The Court has received and reviewed the joint status report filed 11/5/14 [Dk. 29] and will CONTINUE this matter to April 1, 2015 at 1:30 p.m. A joint status report, detailing the status of the state court proceeding, is due 14 days in advance.
Appearances are excused.
1:30 PM
******************************************************************************* Tentative for 5/7/14:
The Court has received and reviewed the joint status report filed 4/22/14 [Dk. 25]. This matter has been generally stayed pending resolution of the underlying state court proceeding. The Court will CONTINUE the status conference to November 12, 2014 at 1:30 p.m. A joint status report is due 14 days in advance, in which the parties are directed to include specifics about the status of the state court proceeding (i.e., whether judgment has been entered, and if not, when trial is scheduled, etc.).
Appearances are excused for the 5/7/14 status conference.
**************************************************************************** Tentative for 11/13/13:
The Court is inclined to set the following dates and deadlines:
Discovery cutoff date: February 1, 2014. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff date: March 1, 2014. Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial: April 2, 2014, at 1:30 p.m.
******************************************************************************* Tentative for 8/28/13:
Matter is VACATED. The status conference was CONTINUED by the Court at the 8/7/13 hearing on Defendant's motion to dismiss to 11/13/13 at 1:30 p.m.
Debtor(s):
Linda Sue Robertson Pro Se
1:30 PM
Defendant(s):
Denny Robertson Represented By Thomas J Polis
Linda Sue Robertson Represented By Thomas J Polis
Plaintiff(s):
Jorge Navarro Represented By Edgar P Lombera
Trustee(s):
Todd A. Frealy (TR) Pro Se
1:30 PM
Adv#: 6:18-01031 Pringle v. Manley et al
Hrg. on Plaintiff's Motion filed 4/4/18 for Default Judgment Against Defendants William S. Manley and Garold Wormington
EH
Docket 16
Tentative for 5/2/18:
The Court seeks clarification of the following issues:
Was the Settlement Agreement approved by any bankruptcy court? If not, what authority does the Court have to enforce a settlement agreement between a Trustee and a third party when the settlement agreement was not previously approved pursuant to FRBP 9019?
The Trustee seeks turnover of the remaining amounts ("Outstanding Settlement Payment") owed under the settlement, which was entered into post-petition but apparently never approved. How is the Outstanding Settlement Payment property of the Estate of which this Court may order turnover, or alternatively, what authority does the Court have to order turnover of the Outstanding Settlement Payment?
Only the Deeds of Trust secured by the real property located at 543 Robert
E. Lee, Consroe, TX 77302 ("Real Property") are listed on Debtor's Schedules; the Real Property itself does not appear to ever have been property of the Estate. See Schedule B. What property interest owned by the Estate was transferred, and what authority does the Court have to avoid the post-petition transfer of that property interest?
Appearances required.
1:30 PM
Debtor(s):
Ann Lighthall Marshall Represented By Karen E Lockhart
Defendant(s):
William S. Manley Pro Se
William S. Manley Represented By Richard G Heston
Garold Wormington Pro Se
Garold Wormington Pro Se
Plaintiff(s):
John Pringle Represented By
Michelle A Marchisotto
Trustee(s):
John P Pringle (TR) Represented By Patricia Miller
1:30 PM
Adv#: 6:18-01031 Pringle v. Manley et al
STATUS CONFERENCE: RE: Complaint by John Pringle against William S.
Manley and Garold Wormington - 542 (Cont. from 4/18/18)
EH
Docket 1
- NONE LISTED -
Debtor(s):
Ann Lighthall Marshall Represented By Karen E Lockhart
Defendant(s):
William S. Manley Pro Se
William S. Manley Pro Se
Garold Wormington Pro Se
Garold Wormington Pro Se
Plaintiff(s):
John Pringle Represented By
Michelle A Marchisotto
Trustee(s):
John P Pringle (TR) Represented By Patricia Miller
1:30 PM
Adv#: 6:17-01261 Pringle v. Bank of America, National Association, f/k/a FIA C
STATUS CONFERENCE re: Complaint by John P. Pringle against Bank of America, National Association, f/k/a FIA Card Services, National Association. Nature of Suit: Recovery of money/property - 548 fraudulent transfer, other
(Cont. from 3/7/18) EH
Docket 1
Tentative for 5/2/18:
The Court has received and reviewed the status report filed 4/18/18 [Dk. 23] and will CONTINUE this matter to 8/1/18 at 1:30 p.m. as a holding date pending documentation and court-approval of a settlement agreement. If the case is not dismissed, a status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
Four-D College Represented By Linda A Lindsey Michael G Portner
Defendant(s):
Bank of America, National Pro Se
Plaintiff(s):
John P. Pringle Represented By
1:30 PM
Trustee(s):
Anthony A Friedman Lindsey L Smith Todd A Frealy
John P Pringle (TR) Represented By Juliet Y Oh Todd A Frealy
Anthony A Friedman Keith Levey
1:30 PM
Adv#: 6:17-01115 Romex Textiles, Inc. v. Ra
PRE-TRIAL CONFERENCE re: Complaint by re: Complaint by Romex Textiles, Inc. against Sung Su Ra - 523(a)(4), 523(a)(6)
(Cont. from 3/7/18) EH
Docket 1
- NONE LISTED -
Debtor(s):
Sung Su Ra Represented By
Young K Chang
Defendant(s):
Sung Su Ra Represented By
Young K Chang
Plaintiff(s):
Romex Textiles, Inc. Represented By Nico N Tabibi
Trustee(s):
Karl T Anderson (TR) Pro Se
11:00 AM
Adv#: 8:16-01150 International Christian Broadcasting, Inc. et al v. Davidson
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Determine Nondischargeability Of Debt Pursuant To 11 U.S.C. Sections 523(a)(2); (a)(4) And (a)(6)
PTC set at S/C held 6/14/17)
FR: 12-14-16; (Advanced from 5-17-17); 5-3-17; 5-10-17; 6-7-17; 6-14-17; 12-
20-17
Docket 41
- NONE LISTED -
Debtor(s):
Brittany Brianne Davidson Pro Se
Defendant(s):
Brittany Brianne Davidson Pro Se
Movant(s):
International Christian Broadcasting, Represented By
Michael T Conway Michael King
Ted J Nelson Douglas L Mahaffey
Plaintiff(s):
International Christian Broadcasting, Represented By
Michael T Conway Michael King
11:00 AM
Ted J Nelson Douglas L Mahaffey
Trinity Christian Center of Santa Represented By
Michael T Conway Michael King
Ted J Nelson Douglas L Mahaffey
Trustee(s):
Jeffrey I Golden (TR) Pro Se
10:00 AM
CONT'D Motion for relief from stay [Real Property]
Deutsche Bank National Trust Company As Trustee For HSI Asset Securitization Corporation Trust 2007-OPT1, Mortgage Pass-Through Certificates, Series 2007-OPT1 vs. DEBTOR
(Motion filed 2/28/18)
[RE: 16 Santa Sophia, Rancho Santa Margarita, California 92688-2671]
FR: 3-22-18
[Tele. appr., Sean Ferry, repr., Deutsche Bank National]
[Tele. appr., Jennifer H. Wang, repr., Ford Motor Credit Company]
Docket 19
Tentative for 5/03/18 is to DENY for improper service.
This matter was continued from 3/22/18 to allow Movant to serve the junior lienholder, Specialized Loan Services/SLS. Movant filed and served an amended notice on 3/22/18 [Dk. 23]. While the amended motion indicates Movant served the junior lienholder, service was not proper as the junior lienholder was not served pursuant to FRBP 7004.
Movant did not serve the junior lienholder to the attention of an officer, managing or general agent or to any other authorized agent. LBR 4001-1(c) (1)(C) requires service of a motion for relief from stay on the holder of a lien or encumbrance against the subject property that is known to the movant, scheduled by the debtor, or appears in the public record and any other party entitled to receive notice under FRBP 4001. FRBP 4001(a)(1) states a motion for relief from the automatic stay “shall be made in accordance with Rule 9014.” FRBP 9014(b) requires service pursuant to FRBP 7004. FRBP
10:00 AM
7004(b)(3) requires that a corporation, partnership or other unincorporated association be served “to the attention of an officer, a managing or general agent, or to any other agent authorized by appointment of law to receive service of process.”
Appearances required.
*************************************************************************** Tentative for 3/22/18 is to DENY:
Service is improper. The movant did not serve the junior lienholder, Specialized Loan Services/SLS or the IRS, both of whom were scheduled by Debtor, as possessing liens secured by the property. LBR 4001-1(c)(1)(C) requires service of a motion for relief from stay on the holder of a lien or encumbrance against the subject property that is known to the movant, scheduled by the debtor, or appears in the public record and any other party entitled to receive notice under FRBP 4001.
Debtor(s):
Keith Kichline Represented By Lionel E Giron
Trustee(s):
Thomas H Casey (TR) Pro Se
10:00 AM
Motion for relief from stay [Personal Property]
Ford Motor Credit Company LLC vs. DEBTOR (Motion filed 3/27/18)
[RE: 2016 Ford Mustang - VIN No.: 1FA6P8JZ5G5524829]
[Tele. appr., Sean Ferry, repr., Deutsche Bank National]
[Tele. appr., Jennifer H. Wang, repr., Ford Motor Credit Company]
Docket 25
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Keith Kichline Represented By Lionel E Giron
Trustee(s):
Thomas H Casey (TR) Pro Se
10:00 AM
Motion for relief from stay [Action In Non-Bankruptcy Forum]
SGFC, LLC vs. DEBTOR
(Motion filed 3/29/18)
[RE: Moez et al., v. JVS Development, LLC et al.] [Docket No.: 30-2017-00960538-CJC]
[Pending In: Orange County Superior Court - Central Justice Center]
Docket 131
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
JVS Development, LLC Represented By Todd L Turoci
Trustee(s):
Thomas H Casey (TR) Represented By Jeffrey I Golden Beth Gaschen
10:00 AM
Motion for relief from stay [Action In Non-Bankruptcy Forum]
TSASU, LLC vs. DEBTOR
(Motion filed 3/29/18)
[RE: Do et al. v. Nguyen, et al.]
[Docket No.: 30-2017-00952814-CUORCJC]
[Pending In: Orange County Superior Court - Central Justice Center]
Docket 132
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days
Debtor(s):
JVS Development, LLC Represented By Todd L Turoci
Trustee(s):
Thomas H Casey (TR) Represented By Jeffrey I Golden Beth Gaschen
10:00 AM
Motion for relief from stay [Action In Non-Bankruptcy Forum]
WRW Properties, LLC, A California Limited Liability Company vs. DEBTOR (Motion filed 4/10/18)
[RE: Tiep M. Tran, et al. v. JVS Development, et al.] [Docket Number: 30-2017-00918205-CU-FR-CJC]
[Pending In: Superior Court Of The State Of California, County Of Orange]
Docket 140
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days
Debtor(s):
JVS Development, LLC Represented By Todd L Turoci
Trustee(s):
Thomas H Casey (TR) Represented By Jeffrey I Golden Beth Gaschen
10:00 AM
Motion for relief from stay [Action In Non-Bankruptcy Forum]
WRW Properties, LLC, a California Limited Liability Company vs. DEBTOR (Motion filed 4/12/18)
[RE: Katelyne Nguyen, ADK Bancorp et al. v. JVS Development, et al.] [Docket Number: 30-2017-0091673-CU-BC-CJC]
[Pending In: Superior Court Of The State Of California, County Of Orange]
Docket 142
- NONE LISTED -
Debtor(s):
JVS Development, LLC Represented By Todd L Turoci
Trustee(s):
Thomas H Casey (TR) Represented By Jeffrey I Golden Beth Gaschen
10:00 AM
Motion for relief from stay [Personal Property]
Partners Federal Credit Union vs. DEBTOR (Motion filed 4/4/18)
[RE: 2012 Ford Focus - VIN No.: 1FAHP3M29CL304805]
Docket 10
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Susan Rose Peter Pro Se
Trustee(s):
Jeffrey I Golden (TR) Pro Se
10:00 AM
Motion for relief from stay [Real Property]
Wells Fargo Bank, N.A. vs. DEBTOR (Motion filed 4/12/18)
[RE: 32093 Clear Springs, Winchester, CA 92596]
[Tele. appr., Darlene C. Vigil, repr., Wells Fargo Bank, N.A.]
Docket 30
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(4) with 4001(a)(3) waiver.
"To obtain relief under §362(d)(4), the court must find three elements to be present. First, debtor’s bankruptcy filing must have been part of a scheme. Second, the object of the scheme must be to delay, hinder, or defraud creditors. Third, the scheme must involve either (a) the transfer of some interest in the real property without the secured creditor’s consent or court approval, or (b) multiple bankruptcy filings affecting the property. For the court to grant relief under §362(d)(4), and thus trigger two years of prospective relief as to the subject real property, it must affirmatively find that the three elements above are present." In re First Yorkshire Holdings, Inc., 470 B.R.
864, 870-71 (B.A.P. 9th Cir. 2012). Here, Movant has provided evidence of multiple bankruptcy filings affecting the property and the transfer of an interest without Movant's consent.
Note: Debtor filed a Response on 4/19/18 [Dk. 33] and a Declaration on 4/26/18 [Dk. 34], in which Debtor states that Debtor has no knowledge of the property. In light of the limited opposition in Debtor's Response, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
10:00 AM
Movant to lodge an order within seven (7) days.
Debtor(s):
Timothy Everett Represented By Carolyn Dillinger
Trustee(s):
Thomas H Casey (TR) Pro Se
10:00 AM
Motion for relief from stay [Personal Property]
Honda Lease Trust vs. DEBTOR; AND THOMAS H. CASEY, CHAPTER 7 TRUSTEE,
(Motion filed 4/12/18)
[RE: 2016 Honda Fit - VIN No.: JHMG K5H5 3GX0 20944]
Docket 9
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Arnel OrlandoMacaraeg Caluza Represented By Raymond J Bulaon
Trustee(s):
Thomas H Casey (TR) Pro Se
11:00 AM
CONT'D POST-CONFIRMATION STATUS CONFERENCE Hearing RE: (1)
Case Management Conference And (2) Requiring Status Report (Petition filed 9/23/14)
(Post-Confirmation S/C set at S/C held 9-3-15)
FR: 11-20-14; 12-11-14; 1-29-14; 2-5-15; 2-11-14; 2-19-15; 5-21-15; 7-2-15;
7-23-15; 9-3-15; 3-17-16; 3-31-16; 9-29-16; 3-9-17; 10-12-17; 10-19-17; 4-19-18
Docket 1
Tentative for 5/03/18:
The Court has received and reviewed the status report filed 4/05/18 [Dk. 467], and will CONTINUE the status conference to 11/29/2018 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
***************************************************************************** Tentative for 10/19/17:
The Court has received and reviewed the status report filed 10/13/2017 [Dk. 460], and will CONTINUE the status conference to 4/19/2018 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
***************************************************************************** Tentative for 3/09/17:
The Court has received and reviewed the status report filed 2/23/17 [Dk. 450] and will CONTINUE the status conference to 10/12/2017 at 11:00 a.m. A status report is due 14 days in advance.
11:00 AM
Appearances are excused.
**************************************************************************** Tentative for 9/29/2016:
The Court has received and reviewed the status report filed 9/22/16 [Dk. 447] and will CONTINUE the status conference to 3/9/2017 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
*************************************************************************** Tentative for 3/31/2016:
The Court has received and reviewed the status report filed 3/17/16 [Dk. 432] and will CONTINUE the status conference to September 29, 2016 at 11:00
a.m. A status report is due 14 days in advance.
Appearances are excused.
*************************************************************************** Tentative for 9/3/2015:
Because the Court is inclined to CONFIRM the Plan, the Court will set a post- confirmation status conference for 3/17/2016 at 11:00 a.m. A status report is due 14 days in advance.
*************************************************************************** Tentative for 7/23/2015:
This matter is continued to coincide with the hearing on confirmation.
*************************************************************************** Tentative for 7/02/15:
11:00 AM
This matter is VACATED and CONTINUED to July 23, 2015 at 11:00 a.m. No status report is due for the July 23, 2015 hearing.
*************************************************************************** Tentative for 5/21/15:
The Court has received and reviewed the status report filed 5/7/15 [Dk. 343] and will CONTINUE this matter to July 2, 2015 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
************************************************************************** Tentative for 2/19/15:
None listed.
************************************************************************ Tentative for 2/11/15:
None listed.
*********************************************************************** Tentative for 2/5/15:
None listed.
**************************************************************************** Tentative for 12/11/2014:
At the 11/20/2014 status conference, Debtor's counsel requested a continued status conference hearing on 12/11/2014, at which time Debtor's counsel hoped to be able to advise the Court whether it would be filing a plan or proceeding with a section 363 sale.
11:00 AM
Appearances are required.
***************************************************************************
Tentative for 11/20/14 is to set the following dates/deadlines, set forth in the Debtor's Status Report filed 11/6/14 [Dk. 104]:
January 21, 2015 - deadline to file a plan and disclosure statement. The failure to timely file a plan and/or disclosure statement may result in dismissal or conversion of the case.
January 14, 2015 - deadline for filing proofs of claims or interest, with the notice to be served by no later than 11/30/14.
March 19, 2015 at 11:00 a.m., with a status report due 14 days in advance.
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
11:00 AM
Adv#: 8:17-01025 California Hispanic Commission on Drug and Alcohol v. Long Term Care
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Avoid And Recover Post-Petition Transfers Pursuant To 11 U.S.C. Sections 549 And 550 (Complaint filed 2/16/17)
[Genesis Title Holding Corporation - Dismissed 4/25/17 - Docket No. 5]
FR: 6-14-17; 6-15-17; 11-16-17; 2-22-18
[Tele. appr., R. Gibson Pagter, Jr., repr., Long Term Care Properties, Inc.]
Docket 1
Tentative for 5/03/18 is to set the following dates/deadlines:
Discovery cutoff: August 15, 2018. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: October 4, 2018. Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial conference: November 8, 2018 at 11:00 a.m.
Mediation. The Court notes that both parties have requested mediation. While the Court encourages mediation, it will not unilaterally order the parties to participate. If, after the status conference, the parties wish to participate and wish the Court to enter an order so providing, they should coordinate and upload and appropriate order. The Mediation should be concluded prior to October 4, 2018.
The parties are advised to cooperate and specifically follow all applicable local and federal rules. The failure to do so may result in the imposition in monetary and/or non-monetary sanctions, including the striking of the answer or dismissal of the action.
11:00 AM
Plaintiff is to lodge an order within seven days.
Debtor(s):
California Hispanic Commission on Represented By
Michael R Totaro Linda F Cantor ESQ Victoria Newmark Nancy S Goldenberg
Defendant(s):
Long Term Care Properties, Inc. Pro Se
Genesis Title Holding Corp. Pro Se
Plaintiff(s):
California Hispanic Commission on Represented By
Linda F Cantor ESQ
11:00 AM
CONT'D POST-EFFECTIVE STATUS CONFERENCE Hearing RE: (1) Case
Management Conference And (2) Requiring Status Report (Petition filed 4/15/16)
FR: 6-23-16; 9-15-16; 11-17-16; 12-1-16; 6-8-17; 10-19-17; 2-22-18
Docket 1
- NONE LISTED -
Debtor(s):
Paul Chieu Nguyen Represented By David S Kupetz Jessica Vogel
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 4/15/16)
FR: 6-23-16; 9-15-16; 11-17-16; 12-1-16; 6-8-17; 10-19-17; 2-22-18
Docket 1
- NONE LISTED -
Debtor(s):
Trask Developers, LLC Represented By David S Kupetz Jessica Vogel
11:00 AM
CONT'D POST-EFFECTIVE STATUS CONFERENCE Hearing RE: (1) Case
Management Conference And (2) Requiring Status Report (Petition filed 6/13/16)
(Post-Effective S/C set at confirmation hearing held 8/31/17)
FR: 8-4-16; 10-20-16; 12-15-16; 2-16-17; 3-9-17, 5-11-17; 8-31-17; 11-9-17;
2-22-18
Docket 0
Tentative for 5/03/18:
The Court has received and reviewed the status report filed 04/24/18 [Dk. 167]. This matter is CONTINUED to September 13, 2018 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
*************************************************************************** Tentative for 2/22/18:
The Court has received and reviewed the status report filed 02/08/18 [Dk. 158]. This matter is CONTINUED to May 3, 2018 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
**************************************************************************** Tentative for 11/09/17:
This matter is CONTINUED to February 22, 2018 at 11:00 a.m. A status report is due 14 days in advance.
11:00 AM
Appearances for the 11/09/17 hearing are excused.
**************************************************************************** Tentative for 4/20/17:
This matter is VACATED and CONTINUED to May 11, 2017 at 10:00 a.m. pursuant to an order entered 4/19/17.
************************************************************************* Tentative for 3/09/17:
See tentative for calendar item number 18.10.
************************************************************************** Tentative for 2/16/17:
See tentative for calendar item number 3.
*************************************************************************** Tentative for 12/15/2016:
See tentative for calendar item number 20.
**************************************************************************** Tentative for 8/4/16 is to DISMISS or CONVERT:
Pursuant to the Order issued 6/15/16 [Dk. 10] (the "Order"), Debtor was required to serve the Order within 48 hours of receipt on the 20 largest unsecured creditors, all secured creditors and the U.S. Trustee. The docket does not indicate that such service occurred.
Additionally, the Order requires Debtor to file and serve a status report 14 days prior to the status conference, which report is to be supported by evidence and supporting documents and include a line-item budget for the first 60 days of the bankruptcy. Debtor filed a late status report [Dk. 25] on 7/30/2016, five days before this hearing.
11:00 AM
The Order specifically provides:
FAILURE OF THE DEBTOR TO APPEAR (THROUGH COUNSEL, IF THE DEBTOR IS REPRESENTED), TO FILE A STATUS REPORT, OR TO SERVE THIS NOTICE AS REQUIRED MAY RESULT IN THE APPOINTMENT OF A CHAPTER 11 TRUSTEE, DISMISSAL OF THE CASE, OR CONVERSION TO A CASE UNDER CHAPTER 7 OF THE BANKRUPTCY CODE.
The Court would like to hear from the U.S. Trustee on whether dismissal or conversion is appropriate.
Appearances required.
Debtor(s):
Marzieh Bagheri-Tari Represented By
Yeznik O Kazandjian
11:00 AM
CONT'D POST-CONFIRMATION STATUS CONFERENCE Hearing RE: (1)
Case Management Conference And (2) Requiring Status Report (Petition filed 7/7/16)
[Jointly Administered with:]
[Case No. 8:16-bk-12879-SC, Favreau's Custom Woodworking]
FR: 9-1-16; 11-17-16; 12-1-16; 1-19-17; 2-2-17; 2-16-17; 3-9-17, 5-11-17;
6-19-17; 12-14-17; 1-11-18
Docket 1
- NONE LISTED -
Debtor(s):
Michael Edward Favreau Represented By Robert P Goe
11:00 AM
Adv#: 8:16-01229 Ruiz et al v. Favreau
CONT'D STATUS CONFERENCE Hearing RE: Amended Complaint To The Nondischargeability Of Certain Debts Owed By Debtor Michael Edward Favreau To Christopher P. And Theresa Ruiz Pursuant To 11 U.S.C. Section 523 (Complaint filed 10/17/16) (Amended Complaint filed 2/13/17)
FR: 1-12-17; 3-16-17; 4-20-17; 6-19-17; 12-14-17; 1-11-18
Docket 16
Tentative for 5/03/18:
The Court has received and reviewed the status report filed 4/19/18 [Dk. 28] and will CONTINUE this matter to October 18, 2018 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
************************************************************************** Tentative for 1/11/18 is to CONTINUE this matter to 5/3/18 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
***************************************************************************** Tentative for 12/14/17 is to CONTINUE this matter to 1/11/18 at 11:00 a.m. A status report is due 7 days in advance.
Appearances for the 12/14/17 hearing are excused.
**************************************************************************** Tentative for 6/19/17:
11:00 AM
The parties reached a settlement, the terms of which are set forth in the Joint Amended Chapter 11 Plan of Reorganization. Upon confirmation of the Joint Amended Chapter 11 Plan of Reorganization, this matter will go off calendar as being resolved, and the case will be closed upon entry of the order confirming the plan.
***************************************************************************** Tentative for 4/20/2017:
The Court has received and reviewed the status report filed 4/17/17 [Dk. 22] and will CONTINUE this matter to 6/19/17 at 10:00 a.m.
Appearances are excused.
Debtor(s):
Michael Edward Favreau Represented By Robert P Goe
Defendant(s):
Michael Edward Favreau Pro Se
Plaintiff(s):
Christopher P. Ruiz Represented By John W Lucas
Theresa-Keane Ruiz Represented By John W Lucas
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 12/1416)
FR: 2-2-17; 5-11-17; 12-14-17; 4-19-18
Docket 1
Tentative for 5/03/18 is to set a CONTINUED date of October 18, 2018 at 11:00 a.m., with a status report is due 14 days in advance.
Appearances required.
*************************************************************************** Tentative for 12/14/17:
The Court has received and reviewed the Status Report filed by Debtor on 11/30/17 [Dk. 140] and by Creditor Axis CP I, LLC on 11/30/17 [Dk. 141] and will CONTINUE this matter to April 19, 2018 at 11:00 a.m. A status report is due 14 days in advance.
Appearances for the 12/14/17 hearing are excused.
************************************************************************** Tentative for 5/11/17:
The Court will CONTINUE the status conference to coincide with the continued hearing on the Disclosure Statement, presently proposed to be July 13, 2017 at 11:00 a.m.
**************************************************************************** Tentative for 2/2/17 is to set the following dates/deadlines:
11:00 AM
March 30, 2017 - deadline to file plan and disclosure statement (as requested by Debtors in their 1/23/17 Status Report [Dk. 32]). The failure to timely file a plan and/or disclosure statement may result in the dismissal or conversion of the case.
The Court notes that a bar date of March 20, 2017 has already been established. June 30, 2017 will be the deadline to object to claims.
A continued status conference will be held on May 11, 2017 at 11:00
a.m. A status report is due 14 days in advance.
Debtor(s):
Charles Flowers Harrison Represented By Michael Jones
Joint Debtor(s):
Martha Isabel Montoya Represented By Michael Jones
11:00 AM
Hearing RE: Motion For Protective Order (Motion filed 4/30/18)
(OST Entered 5-1-18)
Docket 179
- NONE LISTED -
Debtor(s):
Charles Flowers Harrison Represented By Michael Jones Sara Tidd
Joint Debtor(s):
Martha Isabel Montoya Represented By Michael Jones Sara Tidd
11:00 AM
Adv#: 8:17-01013 Axis CP I, LLC v. Montoya
CONT'D STATUS CONFERENCE RE: Counterclaim and Third-Party Complaint (filed 4/28/17)
FR: 8-3-17; 12-14-17; 4-19-18
Docket 20
Tentative for 5/03/18 is to set a CONTINUED date of October 18, 2018 at 11:00 a.m., with a status report is due 14 days in advance.
Appearances required.
************************************************************************** Tentative for 12/14/17:
The Court has received and reviewed the Status Report filed by the parties on 11/30/17 [Dk. 140] and by Creditor Axis CP I, LLC in the main case on 11/30/17 [Dk. 141] and will CONTINUE this matter to April 19, 2018 at 11:00
a.m. A status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
Charles Flowers Harrison Represented By Michael Jones Sara Tidd
Defendant(s):
Martha Isabel Montoya Represented By Michael Jones
11:00 AM
Joint Debtor(s):
Martha Isabel Montoya Represented By Michael Jones Sara Tidd
Plaintiff(s):
Axis CP I, LLC Represented By Michael A Wallin
11:00 AM
Adv#: 8:17-01013 Axis CP I, LLC v. Montoya
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt [11 U.S.C. Section 523(a)(2)]
(Complaint filed 1/26/17) (Another Summons Issued 3/3/17) FR: 4-20-17; 6-14-17; 12-14-17; 4-19-18
Docket 1
Tentative for 5/03/18 is to set a CONTINUED date of October 18, 2018 at 11:00 a.m., with a status report is due 14 days in advance.
Appearances required.
**************************************************************************** Tentative for 12/14/17:
The Court has received and reviewed the Status Report filed by the parties on 11/30/17 [Dk. 140] and by Creditor Axis CP I, LLC in the main case on 11/30/17 [Dk. 141] and will CONTINUE this matter to April 19, 2018 at 11:00
a.m. A status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
Charles Flowers Harrison Represented By Michael Jones
Defendant(s):
Martha Isabel Montoya Pro Se
11:00 AM
Joint Debtor(s):
Martha Isabel Montoya Represented By Michael Jones
Plaintiff(s):
Axis CP I, LLC Represented By Michael A Wallin
11:00 AM
Adv#: 8:17-01046 Sun Coast Farms LLC v. Harrison et al
CONT'D STATUS CONFERENCE Hearing RE: Adversary Complaint To Determine Dischargeability Of Debt Pursuant To 11 U.S.C. Section 523(a)(4) And 11 U.S.C. Section 523(a)(2)
(Complaint filed 3/24/17)
FR: 6-14-17; 12-14-17; 4-19-18
[Tele. appr., Bart M. Botta, repr., Sun Coast Farms, LLC]
Docket 1
Tentative for 5/03/18 is to set a CONTINUED date of October 18, 2018 at 11:00 a.m., with a status report is due 14 days in advance.
Appearances required.
******************************************************************************* Tentative for 12/14/17 is to CONTINUE this matter to April 19, 2018 at 11:00
a.m. A status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
Charles Flowers Harrison Represented By Michael Jones Sara Tidd
Defendant(s):
Charles Flowers Harrison Pro Se
Martha Isabel Montoya Pro Se
11:00 AM
Joint Debtor(s):
Martha Isabel Montoya Represented By Michael Jones Sara Tidd
Plaintiff(s):
Sun Coast Farms LLC Represented By Bart M Botta
11:00 AM
Adv#: 8:17-01046 Sun Coast Farms LLC v. Harrison et al
CONT'D STATUS CONFERENCE Hearing RE: Third Party Complaint (Third Party Complaint filed 5/9/17)
FR: 8-3-17; 12-14-17; 4-19-18
[Tele. appr., Bart M. Botta, repr., Sun Coast Farms, LLC]
Docket 7
Tentative for 5/03/18 is to set a CONTINUED date of October 18, 2018 at 11:00 a.m., with a status report is due 14 days in advance.
Appearances required.
***************************************************************************** Tentative for 12/14/17 is to CONTINUE this matter to April 19, 2018 at 11:00
a.m. A status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
Charles Flowers Harrison Represented By Michael Jones Sara Tidd
Defendant(s):
Charles Flowers Harrison Represented By Michael Jones
Martha Isabel Montoya Represented By Michael Jones
11:00 AM
Joint Debtor(s):
Martha Isabel Montoya Represented By Michael Jones Sara Tidd
Plaintiff(s):
Sun Coast Farms LLC Represented By Bart M Botta
11:00 AM
Hearing RE: Application For Payment Of Final Fees And/Or Expenses For The Period From June 29, 2017 Through October 6, 2017.
(Application filed 4/6/18)
[RE: ARTURO M. CISNEROS - Chapter 11 Examiner] Fees: $20,585.00; Expenses: $0.00]
Docket 143
Tentative for 5/03/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Cecilio Romero Murrietta Represented By Andrew S Bisom
Joint Debtor(s):
Irma Bonilla Murrietta Represented By Andrew S Bisom
Trustee(s):
David M Goodrich (TR) Represented By Jeffrey I Golden Beth Gaschen
11:00 AM
CONT'D Hearing RE: Order To Show Cause Why The Case Should Not Be Dismissed Or Converted To Chapter 7
(Set per Order Entered 2/28/18)
FR: 4-12-18
[Tele. appr., Greg P. Campbell, repr., CitiMortgage, Inc.]
Docket 121
Tentative for 5/3/18:
This matter is CONTINUED to 6/7/18 at 11:00 a.m. to coincide with the continued hearing on the adequacy of Debtors' Second Amended Disclosure Statement.
Appearances for the 5/3/18 hearing are excused.
********************************************************************* Tentative for 4/12/18:
This matter is CONTINUED to May 3, 2018 at 11:00 a.m. to coincide with the hearing on the adequacy of Debtors' Second Amended Disclosure Statement.
Appearances are excused.
Debtor(s):
David Vincent Ross Represented By Michael Jones Sara Tidd
11:00 AM
Joint Debtor(s):
Cheri LeAnn Ross Represented By Michael Jones Sara Tidd
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 7/11/17)
FR: 8-31-17; 1-11-18; 2-22-18; 4-12-18
[Tele. appr., Greg P. Campbell, repr., CitiMortgage, Inc.]
Docket 1
Tentative for 5/3/18:
This matter is CONTINUED to 6/7/18 at 11:00 a.m. to coincide with the continued hearing on the adequacy of Debtors' Second Amended Disclosure Statement.
Appearances for the 5/3/18 hearing are excused.
********************************************************************* Tentative for 4/12/18:
This matter is CONTINUED to May 3, 2018 at 11:00 a.m. to coincide with the hearing on the adequacy of Debtors' Second Amended Disclosure Statement.
Appearances are excused.
*************************************************************************** Tentative for 2/22/18:
None listed.
***************************************************************************** Tentative for 1/11/18:
11:00 AM
None listed.
***************************************************************************** Tentative for 8/31/17 is to set the following dates/deadlines:
Deadline to file a plan and disclosure statement: November 1, 2017. The failure to timely file a plan and disclosure statement may result in the conversion or dismissal of the case.
Continued case status conference: January 11, 2018 at 11:00 a.m. A status report is due 14 days in advance.
Debtor(s):
David Vincent Ross Represented By Michael Jones Sara Tidd
Joint Debtor(s):
Cheri LeAnn Ross Represented By Michael Jones Sara Tidd
11:00 AM
Hearing RE: Second Amended Disclosure Statement Describing Chapter 11 Plan Of Reorganization
(Second Amended D.S. filed 3/29/18)
[Tele. appr., Greg P. Campbell, repr., CitiMortgage, Inc.]
Docket 0
Tentative for 5/3/18 is to CONTINUE the hearing on the Second Amended Disclosure Statement ("DS") to 6/7/18 at 11:00 a.m. to allow the Debtor to address the below issues. The third amended disclosure statement must be filed by 5/17/18. Any Opposition must be filed by 5/31/18. Any reply may be filed by 5:00 p.m. on 6/5/18.
The Second Amended Disclosure Statement ("DS") is much closer to an approvable disclosure statement. Having reviewed the DS and the UST’s opposition, the Court believes that the DS may be approvable providing it is amended to address the following issues:
Provide a drop dead date with respect to the liquidation and information regarding what will happen if the drop dead date is not met.
Provide information regarding the basis for the valuation of $1.2 million for the Culver City Property’s sale price.
The DS currently states that the Plan provides for discharge upon confirmation. Dk. 139, pg. 61 ¶V.A. The DS and Plan should be amended to reflect that individual Chapter 11 debtors may not receive discharge until all plan payments have been made.
The DS is internally inconsistent with respect to the amount of UST
11:00 AM
fees owed. Compare pg. 17 ($1,125) with pg. 53 ($375).
The description of the treatment for the claim of BofA at pgs. 27-28 discussing bifurcation of BofA's claim appears to be a holdover from the prior DS. In light of the increase of value, BofA should be paid in full.
The remaining issues raised in the opposition appear to be issues for confirmation and should be addressed at that time.
Appearances for the 5/3/18 hearing are excused.
Debtor(s):
David Vincent Ross Represented By Michael Jones Sara Tidd
Joint Debtor(s):
Cheri LeAnn Ross Represented By Michael Jones Sara Tidd
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 11/29/17) FR: 1-25-18; 2-8-18
Docket 1
- NONE LISTED -
Debtor(s):
JVS Development, LLC Represented By Todd L Turoci
11:00 AM
Hearing RE: Motion For Entry Of Order: (1) Authorizing Sale Of Estate Asset (Liquor License) Free And Clear Of Claims Or Interests Pursuant To 11 U.S.C. Section 363(b) And (f); (2) Approving Overbid Procedures; (3) Determining That Buyer Is Entitled To A Good Faith Determination Pursuant To 11 U.S.C. Section 363(m)
(Motion filed 4/3/18)
[California Type 47 Liquor License 47-540850]
Docket 25
Tentative for 5/3/18 is to DENY without prejudice.
While the Notice and Notice of Sale of Estate Property were filed, no Motion or supporting declarations were filed. Accordingly, the Court cannot determine whether the sale is in the best interest of the Estate.
Debtor(s):
Fuzion Meet Eat Play, LLC Represented By Jeffrey B Smith
11:00 AM
Motion for relief from stay [Unlawful Detainer]
Estrella Land Company LLC vs. DEBTOR
(ONLY Affects Case Number: [8:18-bk-10972-SC] (Luminance Health Group, Inc. a California Corporation)
[RE: 5165 Estrella Road, Paso Robles, CA 93446-8328]
Docket 78
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Trustee(s):
Richard A Marshack (TR) Pro Se
11:00 AM
CONT'D Hearing RE: Emergency Motion For Order Authorizing The Use Of Cash Collateral Pursuant To 11 U.S.C. Section 363(c) Through The Final Hearing Date
(Motion filed 3/23/18) FR: 3-28-18; 3-30-18
Docket 10
- NONE LISTED -
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Movant(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
11:00 AM
Hearing RE: Motion InIndividual Chapter 11 Case For Order Authorizing Use Of Cash Collateral
(Motion filed 4/4/18)
[Tele. appr., Najah J. Shariff, repr., U.S. Attorneys Office]
Docket 5
- NONE LISTED -
Debtor(s):
International Trading Group, LLC Represented By
Bert Briones
11:00 AM
Hearing RE: Motion By United States Trustee To Dismiss Case Pursuant To 11
U.S.C. Sections 1112(b), 349(a) And 105 With A 180 Day Bar Against Refiling; Request For Judgment For Any Quarterly Fees Due And Payable To The U.S.
Trustee At The Time Of The Hearing (Motion filed 4/18/18)
FR: Advanced from 5-31-18
[Tele. appr., Najah J. Shariff, repr., U.S. Attorneys Office]
Docket 15
Tentative for 5/3/18 is to GRANT the Motion and DISMISS the case.
Note: In light of the Notice of Non-Opposition filed by the Debtor on 4/30/18 [Dk. 26], this matter appears to be uncontested. Accordingly, no court appearances are required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
International Trading Group, LLC Represented By
Bert Briones
11:00 AM
Hearing RE: Motion In Individual Chapter 11 Case For Order Authorizing Use Of Cash Collateral
(Motion filed 4/4/18)
[Tele. appr., Najah J. Shariff, repr., U.S. Attorneys Office]
Docket 6
Tentative for 5/3/18 is to DENY in light of the Court's tentative for Calender Item #30.10 to dismiss the case.
Appearances are excused.
Debtor(s):
International Trading Group, LLC Represented By
Bert Briones
1:00 PM
Adv#: 8:17-01095 Steward Financial LLC v. Bral
CONT'D STATUS CONFERENCE Hearing RE: First Amended Complaint To Determine Non-Dischargeability Of Debt Under Bankruptcy Code Section 523 (Complaint filed 6/2/17) (First Amended Complaint filed 12/1/17)
FR: 8-31-17; 11-9-17; 12-7-17; 1-24-18; 1-25-18; 2-21-18; 4-18-18
Docket 1
Tentative for 5/3/18:
None listed.
************************************************************************ Tentative for 4/18/18:
None listed.
************************************************************************ Tentative for 2/21/18:
None listed.
************************************************************************ Tentative for 12/07/17:
This matter is CONTINUED to February 22, 2018, at 11:00 a.m. A status report is due 14 days in advance.
Appearances for the 12/07/17 hearing are excused.
1:00 PM
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
Defendant(s):
John Jean Bral Pro Se
Plaintiff(s):
Steward Financial LLC Represented By
Krikor J Meshefejian Gary E Klausner
1:00 PM
Adv#: 8:17-01094 Beitler & Associates, Inc. dba Beitler Commercial v. Bral
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Non-
Dischargeability Of Debt Under Bankruptcy Code Section 523 (Complaint filed 6/2/17) (First Amended Complaint filed 12/1/17)
FR: 8-31-17; 11-9-17; 12-7-17; 1-24-18; 1-25-18; 2-21-18; 4-18-18
Docket 1
Tentative for 5/3/18:
None listed.
************************************************************************ Tentative for 4/18/18:
None listed.
************************************************************************ Tentative for 2/21/18:
None listed.
************************************************************************ Tentative for 12/07/17:
This matter is CONTINUED to February 22, 2018, at 11:00 a.m. A status report is due 14 days in advance.
Appearances for the 12/07/17 hearing are excused.
1:00 PM
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
Defendant(s):
John Jean Bral Pro Se
Plaintiff(s):
Beitler & Associates, Inc. dba Beitler Represented By
Krikor J Meshefejian Gary E Klausner
1:00 PM
Adv#: 8:17-01092 Beitler v. Bral
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Non-
Dischargeability Of Debt Under Bankruptcy Code Section 523 (Complaint filed 6/2/17) (First Amended Complaint filed 12/1/17)
FR: 8-31-17; 11-9-17; 12-7-17; 1-24-18; 1-25-18; 2-21-18; 4-18-18
Docket 1
Tentative for 5/3/18:
None listed.
************************************************************************ Tentative for 4/18/18:
None listed.
************************************************************************ Tentative for 2/21/18:
None listed.
************************************************************************ Tentative for 12/07/17:
This matter is CONTINUED to February 22, 2018, at 11:00 a.m. A status report is due 14 days in advance.
Appearances for the 12/07/17 hearing are excused.
1:00 PM
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
Defendant(s):
John Jean Bral Pro Se
Plaintiff(s):
Barry Beitler Represented By
Krikor J Meshefejian Gary E Klausner
1:00 PM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 2/24/17)
FR: 4-20-17; 7-11-17; 8-17-17; 11-9-17; 12-14-17; 2-21-18; 4-18-18
Docket 1
Tentative for 5/3/18:
None listed.
************************************************************************ Tentative for 4/18/18:
The Court has received and reviewed the Status Report filed 4/4/18 [Dk. 383]. Appearances required.
***************************************************************************** Tentative for 2/21/18:
The Court has received and reviewed the Status Report filed 2/7/18 [Dk. 299], and the supplemental Status Report filed 2/16/18 [Dk. 313].
Appearances required.
***************************************************************************** Tentative for 12/14/17:
This matter is CONTINUED to 4/19/18 at 11:00 a.m. to coincide with the
1:00 PM
hearing on the adequacy of the disclosure statement. Appearances are excused.
**************************************************************************** Tentative for 11/09/17:
This matter is CONTINUED to 12/14/17 at 11:00 a.m. to coincide with the hearing on the adequacy of the disclosure statement.
Appearances are excused.
*************************************************************************** Tentative for 8/17/17:
This matter is CONTINUED to 11/9/17 at 11:00 a.m. to coincide with the hearing on the adequacy of the disclosure statement.
Appearances are excused.
************************************************************ Tentative for 4/20/17:
The Court has reviewed the status reports in their entirety. The Court is inclined to set the following dates:
The bar date for filing of claims is set for June 16, 2017;
Debtor shall serve Notice of Bar Date to all creditors and parties in interest no later than April 25, 2017;
A Disclosure Statement and Plan must be filed on or before June 26, 2017;
A Continued Status Conference shall be held on June 29, 2017, at 11:00 a.m.
No appearances are necessary at the Status Conference on April 20, 2017 at 11:00 a.m. Debtor to lodge order within 7 days.
1:00 PM
Debtor(s):
John Jean Bral Represented By Beth Gaschen
1:00 PM
CONT'D Hearing RE: Motion Seeking: (1) Disallowance Of Claims 14 And 16; And (2) Striking Claims Alleged In Adversary Nos. 8:17-ap-01094 And 8:17- ap-01092 On The Grounds The Same Were Filed Based on Falsified Evidence (Motion filed 11/22/17)
FR: 12-14-17; 2-21-18; 4-18-18
Docket 219
- NONE LISTED -
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman William N Lobel
10:00 AM
Malcolm Cisneros, A Law Corporation - movant attorney Motion for Relief from Stay
Bank of America vs. DEBTORS (Motion filed 4/19/18)
Re: 81697 Rustic Canyon Drive, La Quinta, CA 92253 EH
Docket 10
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
David Bladen Represented By Christopher Hewitt
Joint Debtor(s):
Diane Bladen Represented By Christopher Hewitt
10:00 AM
Movant(s):
Bank of America, N.A. Represented By Christina J O
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Santander Consumer USA Inc. vs. DEBTOR, Arturo Cisneros, trustee (Motion filed 4/11/18)
Re: 2010 Dodge Journey, VIN 3D4PG4FB7AT164086
EH
(Tele. appr John H. Kim, rep. creditor, Santander)
Docket 12
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Jermaine F. Davis Represented By
James D. Hornbuckle
10:00 AM
Movant(s):
Santander Consumer USA Inc. Represented By Sheryl K Ith
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
McCarthy & Holthus, LLP - movant attorney Motion for Relief from Stay
MidFirst Bank vs. DEBTORS (Motion filed 4/16/18)
Re: 234 Winners Circle South, Jacksonville, NC 28546 EH
Docket 14
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Roberto Iribe Jr. Represented By Karen E Lockhart
Joint Debtor(s):
Diana Evelyn Iribe Represented By Karen E Lockhart
10:00 AM
Movant(s):
MidFirst Bank, its assignees and/or Represented By
Nancy L Lee
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Law Offices of Carol G. Unruh - movant attorney Motion for Relief from Stay
Melanie Tong vs. DEBTOR (Motion filed 4/21/18)
Re: 6191 Lafayette Street Chino, CA 91710
Docket 7
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Susie Christiansen Sessler Represented By Todd L Turoci
Movant(s):
Melanie Tong Represented By Carol G Unruh
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Mandelbaumn & Robison LLP - movant attorney Motion for Relief from stay
TTC TROC III Promenade, LLC vs. DEBTOR (Motion filed 4/26/18)
Re: 361 WELLESLEY DRIVE #108, CORONA, CA 92879
EH
Docket 5
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver. The request for extraordinary relief is denied as Movant has not provided sufficient facts demonstrating that such relief is warranted. The Court declines to find that Debtor's prior Chapter 7 filing and dismissal, immediately preceding the current filing, constitute grounds, without more, for extraordinary relief.
No court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Nickey Garcia Pro Se
Trustee(s):
Steven M Speier (TR) Pro Se
11:00 AM
Hrg. on approval of trustee's final report; applications for compensation EH
(Tele. appr. Lynda Bui, rep. trustee, Lynda Bui)
Docket 35
Tentative for 5/15/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Samuel Talavera Represented By Susan Jill Wolf Gregory K Jones
Joint Debtor(s):
Reyna V. Olivas Represented By Susan Jill Wolf Gregory K Jones
Trustee(s):
Lynda T. Bui (TR) Represented By Lynda T. Bui (TR)
11:00 AM
Hrg. on approval of trustee's final report; applications for compensation EH
Docket 0
Tentative for 5/15/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Carlos A Arostegui Represented By Michael Smith Sundee M Teeple
Joint Debtor(s):
Amada A Arostegui Represented By Michael Smith Sundee M Teeple
Trustee(s):
Larry D Simons (TR) Pro Se
11:00 AM
Hrg. on approval of chapter 7 trustee's final report; applications for compensation
EH
Docket 0
Tentative for 5/15/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Synergy Group HCM, Inc. Represented By
James D. Hornbuckle
Trustee(s):
Charles W Daff (TR) Represented By Thomas H Casey
11:00 AM
Hrg. on trustee's final report; applications for compensation EH
(Tele. appr. Lynda Bui, rep. trustee, Lynda Bui)
Docket 56
Tentative for 5/15/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Manuel Tejeda Represented By Moises S Bardavid
Joint Debtor(s):
Maria Trinidad Tejeda Represented By Moises S Bardavid
Trustee(s):
Lynda T. Bui (TR) Pro Se
11:00 AM
Hrg. on Chapter 7 Trustee's Motion for Order (1) Authorizing the Short Sale of Real Property of the Estate Pursuant to Bankruptcy Code § 363(b); (2) Approving Payment of Real Estate Commission; and (3) Granting Related Relief Including Use of Sale Proceeds to Reimburse Trustee for Actual Costs Incurred
EH
(Tele. appr. Lynda Bui, rep. trustee, Lynda Bui)
Docket 37
Tentative for 5/15/18:
In the Motion, the Trustee represents that the Court will be provided with a copy of the junior lienholder's written approval of the short sale. As of the posting of this tentative, no evidence has been provided to the Court of the junior lienholder's written approval. The Court is unclear how it may grant the motion absent approval of the short sale by the junior lienholder.
The Trustee should be prepared to present evidence of the junior lienholder's consent or provide persuasive support as to how the junior lienholder's silence constitutes consent or how § 363(f) is otherwise satisified.
Appearances required.
Debtor(s):
Margarita Lozano Represented By Luis Aguilar
Trustee(s):
Lynda T. Bui (TR) Pro Se
11:00 AM
Hrg. on Debtor's Motion filed 3/8/18 to Redeem Property of the Estate 2nd Motion
EH
(Tele. appr Bernard J. Komberg, rep. creditor, Ally Financial)
Docket 21
Tentative for 5/15/18:
The Court has carefully reviewed all of the evidence provided with respect to the values asserted. After careful consideration and examination of the evidence, criticisms of the evidence, and other arguments that have been presented, the Court finds the value of the 2008 Chevy Tahoe to be $4,675 and will grant the Motion for Redemption at that amount.
Appearances required.
Debtor(s):
Pierre Massela Represented By Nancy Korompis
Trustee(s):
John P Pringle (TR) Pro Se
11:00 AM
Hrg. on Debtor's Motion filed 4/25/18 to Reconsider Order lifting relief from stay
Docket 21
Tentative for 5/15/18 is to DENY.
The Court has jurisdiction to enter an order regarding the automatic stay, even in future cases, notwithstanding the dismissal of a debtor's case. See, e.g., In re Aheong, 276 BR 233 (9th Cir. BAP 2002). Moreover, Debtor was served with the Motion for Relief from the Automatic Stay by both the Movants and the Bankruptcy Court, and did not file any opposition. See Dk. 8, pg. 13; Dk. 20, pg. 1. In light of the foregoing, Debtor has not presented any reason, and the Court is not aware of any reason not presented by the Debtor, that qualifies the Order for reconsideration under either FRBP 9023 or 9024.
Debtor(s):
Hector Preciado Cervantes Pro Se
Trustee(s):
Karl T Anderson (TR) Pro Se
1:30 PM
Hrg. on Chapter 11 Status Conference EH
(Cont. from 2/20/18)
(Tele. appr Greg P. Campbell, rep. movant, U.S. Bank National Association as Trustee)
Docket 0
Tentative for 5/15/18:
None listed.
*************************************************************************** Tentative for 2/20/18:
As of the posting of this tentative, no Status Report has been filed. What is the status of this case?
The Court is inclined to sanction Debtor $100 for failure to timely file a status report as required by the order issued 12/28/17 [Dk. 13].
Debtor(s):
Mario Antonio Garcia Sr. Represented By Michael J Allison
Joint Debtor(s):
Veronica Bolanos Garcia Represented By Michael J Allison
1:30 PM
Hrg. on Approval of Disclosure Statement EH
(Tele. appr Greg P. Campbell, rep. movant, U.S. Bank Natl Assoc.)
Docket 0
Tentative for 5/15/18 is to DENY and set an Order to Show Cause why the case should not be converted or dismissed.
Debtor(s):
Mario Antonio Garcia Sr. Represented By Michael J Allison
Joint Debtor(s):
Veronica Bolanos Garcia Represented By Michael J Allison
1:30 PM
Hrg. on Chapter 11 Status Conference EH
Docket 0
Tentative for 5/15/18 is to set the following dates/deadlines:
Deadline to file a Plan and Disclosure Statement: August 3, 2018, which is approximately 120 days from the Petition Date. Note: the failure to timely file a Plan and Disclosure Statement may result in the dismissal or conversion of the case.
Claims Bar Date: July 30, 2018, with the notice to be served by no later than May 29, 2018.
Claims Objection Date: September 28, 2018.
Continued Status Conference: August 21, 2018 at 1:30 p.m.. A status report is due 14 days in advance.
Debtor is to lodge a scheduling order within seven days.
Debtor(s):
Big Bear Bowling Barn, Inc. Represented By Julie J Villalobos
1:30 PM
Hrg. on Chapter 11 Status Conference EH
(Tele. Appr. Najah J. Shariff, rep. creditor, U.S. of America)
Docket 0
Tentative for 5/15/18 is to set the following dates/deadlines:
Deadline to file a Plan and Disclosure Statement: August 3, 2018, which is approximately 120 days from the Petition Date. Note: the failure to timely file a Plan and Disclosure Statement may result in the dismissal or conversion of the case.
Continued Status Conference: August 21, 2018 at 1:30 p.m.. A status report is due 14 days in advance.
Debtor is to lodge a scheduling order within seven days.
Debtor(s):
CompCare Medical, Inc. Represented By Todd L Turoci
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 4/24/18 Between Debtor and Wilshire Consumer Credit, in the amount of $6,019.24
Re: 2007 Chevrolet Tahoe
Docket 9
- NONE LISTED -
Debtor(s):
Arlene Chavez Represented By Daniel King
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement Between Debtor and Ally Financial, in the amount of $11,419.80
Re: 2012 Chevrolet Cruze
Docket 11
- NONE LISTED -
Debtor(s):
Isabel Connie Magdaleno Pro Se
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 4/23/18 Between Debtor and Cab West, LLC, in the amount of $14,355.87
Re: 2017 Ford Escape
Docket 11
- NONE LISTED -
Debtor(s):
Kim Kolupski Represented By Terrence Fantauzzi
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 4/16/18 Between Debtor and Santander Consumer USA Inc., dba Chrysler Capital, in the amount of
$29,886.50
Re: 2017 Chrysler Pacifica
Docket 21
- NONE LISTED -
Debtor(s):
Ethan Robert Lema Pro Se
Joint Debtor(s):
Ann Marie Lema Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 4/17/18 Between Debtor and Ford Motor Credit Company, in the amount of $16,655.31
Re: 2014 Ford Focus
Docket 11
- NONE LISTED -
Debtor(s):
Melanie Lavoie Represented By
James D. Hornbuckle
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 4/26/18 Between Debtor and CarMax Auto Finance, in the amount of $7,456.85
Re: 2012 Honda Civic
Docket 12
- NONE LISTED -
Debtor(s):
Yoana Evgenieva Ayanova-Kiprilov Pro Se
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 4/26/18 Between Debtor and JPMorgan Chase Bank, N.A., in the amount of $34,598.88
Re: 2017 Jeep Wrangler
Docket 25
- NONE LISTED -
Debtor(s):
Ruben S. Fernandez Represented By
James D. Hornbuckle
Joint Debtor(s):
Stephanie L. Fernandez Represented By
James D. Hornbuckle
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 4/30/18 Between Debtor and Toyota Motor Credit Corporation, in the amount of $30,669.15
Re: 2017 Toyota Rav4
Docket 11
- NONE LISTED -
Debtor(s):
Fermin Hilario Represented By Lauren M Foley
Joint Debtor(s):
Silvia Susana Hilario Represented By Lauren M Foley
Trustee(s):
Arturo Cisneros (TR) Pro Se
1:30 PM
Adv#: 6:17-01183 Adair v. Vargas, Jr. et al
STATUS CONFERENCE re: Complaint by Robert Adair, Marco Antonio Vargas Jr. against Marco Antonio Vargas Jr. -523(a)(2), 523(a)(6)
(Cont. from 2/7/18) EH
Docket 1
Tentative for 5/16/18:
This matter is CONTINUED to 7/11/18 at 1:30 p.m. to coincide with the hearing on the motion for default judgment.
Appearances are excused.
**************************************************************************** Tentative for 2/07/18:
The Court has received and reviewed the status report filed on 1/31/17 [Dk. 26]. This matter is CONTINUED May 16, 2018 at 1:30 p.m. to allow Plaintiff to obtain entry of default and file a motion for default judgment. Any motion for default judgment must be supported by appropriate evidence.
A status report is due 14 days in advance. Appearances are excused.
**************************************************************************** Tentative for 11/15/17:
The Court has not received a status report for this matter and is inclined to
1:30 PM
sanction counsel $150.00.
The Court is also inclined to CONTINUE this matter to February 7, 2018 at 1:30 p.m. A status report is due 14 days in advance. Plaintiff is to file the motion for default judgment by no later than January 10, 2018 and set it for hearing on February 7, 2018 at 1:30 p.m. The motion for default judgment must be supported by appropriate evidence.
The failure to meet these deadlines may result in the imposition of monetary or non-monetary sanctions.
Appearances are required.
Plaintiff is to lodge an order within seven (7) days.
Debtor(s):
Marco Antonio Vargas Jr. Represented By Mike Sethi
Defendant(s):
Marco Antonio Vargas Jr. Pro Se
Mike Sethi Pro Se
Plaintiff(s):
Robert Adair Represented By
Tyler H Brown
Trustee(s):
Arturo Cisneros (TR) Pro Se
1:30 PM
Adv#: 6:17-01211 U.S. Trustee v. Garcia
STATUS CONFERENCE re: Complaint by US Trustee to Deny Debtors Discharge Or, Alternatively, Dismiss Bankruptcy Case with Prejudice
(Cont.f rom 2/7/18) EH
Docket 1
- NONE LISTED -
Debtor(s):
Alejandro Garcia Represented By Manfred Schroer
Defendant(s):
Alejandro Garcia Pro Se
Plaintiff(s):
U.S. Trustee Represented By
Mohammad Tehrani
Trustee(s):
Robert Whitmore (TR) Pro Se
1:30 PM
Adv#: 6:18-01047 Bui v. Perez et al
STATUS CONFERENCE re: Complaint by Lynda T. Bui against Maria Magdalena Perez, Juan Alberto Perez, Ivan De La Torre (Approval of sale of property of estate and of a co-owner - 363(h), Recovery of money/property - 542 turnover of property)
EH
Docket 1
Tentative for 5/16/18:
This matter is CONTINUED to 8/1/18 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
Ivan De La Torre Represented By Daniel C Sever
Defendant(s):
Maria Magdalena Perez Pro Se
Juan Alberto Perez Pro Se
Ivan De La Torre Pro Se
Plaintiff(s):
Lynda T. Bui Represented By
Carmela Pagay
1:30 PM
Trustee(s):
Lynda T. Bui (TR) Pro Se
11:00 AM
Hearing RE: Second Motion To Compel: 1. Turnover Of Property Of The Estate; And 2. To Account For Property Of The Estate
(Motion filed 4/25/18)
Docket 61
Tentative for 5/16/18:
This is the second motion for turnover filed by the Trustee. While the Court granted the first motion by an order entered 9/6/17 [Dk. 39], at the underlying hearing, the Court also acknowledged Debtors' representations, under oath, that they had no pre-petition inventory. The Court noted that there may be no inventory to turnover pursuant to the forthcoming order. In their Opposition to this motion filed 5/4/18 [Dk. 66], Debtors reiterate their position and assert that Trustee has not and cannot establish that their post-petition sales of watches, etc., constitute sales of property of the estate.
Trustee's counsel should be prepared to walk the Court through the available evidence that the post-petition sales asserted in the Motion were sales of property of the estate.
Appearances required.
Debtor(s):
Bradley B Mugar Represented By Parisa Fishback David Brian Lally
11:00 AM
Joint Debtor(s):
Susan E Mugar Represented By Parisa Fishback David Brian Lally
Trustee(s):
Richard A Marshack (TR) Represented By Michael G Spector
11:00 AM
Adv#: 8:17-01108 Farmers & Merchants Bank Of Long Beach v. Mugar et al
Hearing RE: Motion To Reconsider Order Entered November 21, 2017 Authorizing Dismissal Of Claim Under 11 U.S.C. Section 727
(Motion filed 4/25/18)
Docket 25
Tentative for 5/15/18:
Personal appearances required in the courtroom by all counsel and the Chapter 7 Trustee. Mr. Lally may appear by telephone.
Debtor(s):
Bradley B Mugar Represented By Parisa Fishback David Brian Lally
Defendant(s):
Bradley B Mugar Represented By David Brian Lally
Sandra Mugar Represented By David Brian Lally
Joint Debtor(s):
Susan E Mugar Represented By Parisa Fishback David Brian Lally
Plaintiff(s):
Farmers & Merchants Bank Of Long Represented By
Ronald Appel
11:00 AM
Trustee(s):
Richard A Marshack (TR) Represented By Michael G Spector
11:00 AM
Adv#: 8:15-01078 Bui v. Woo Jin Trading Inc.
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547(b), 550 And 551
(Complaint filed 2/2/15) (PTC set at S/C held 4/2/15) (S/C reset at PTC held 10/8/15)
FR: 4-2-15;10-8-15; 1-14-16; 6-22-16; 6-14-17; 12-20-17; 2-21-18
Docket 1
Tentative for 5/16/18 is to set an Order to Show Cause why this case should not be dismissed for lack of prosecution on June 18, 2018 at 11:00 a.m.
Responses to the Order to Show Cause must be filed by no later than June 4, 2018.
Appearances required.
**************************************************************************** Tentative for 2/21/18:
The Court has received and reviewed the unilateral status report filed 2/06/18 [Dk. 27] and will CONTINUE this matter to May 16, 2018 at 11:00 a.m. A status report is due 14 days in advance.
If the Trustee's Assignee has not substituted into the case by the May 16, 2018 status conference, the Court may set an OSC re: Dismissal for lack of prosecution.
Appearances are excused.
******************************************************************************
11:00 AM
Tentative for 12/20/17:
The Court has received and reviewed the unilateral status report [Dk. 25] filed on 12/6/2016 by the Chapter 7 Trustee. The Court notes the Chapter 7 Trustee's representation that the claims brought in this adversary proceeding were sold in an order entered October 14, 2017 [Dk. 514], and that she expects a new party will substitute in as plaintiff.
The Court will CONTINUE this matter to 2/21/18 at 10:00 a.m. A status report (unilateral or joint) is due 14 days in advance. If the appropriate successor party in interest does not timely file a status report, the Court will consider dismissal of this case for failure to prosecute.
Appearances are excused for the 12/20/17 hearing.
***************************************************************************** Tentative for 6/14/17:
The Court has received and reviewed the unilateral status report [Dk. 21] filed on 6/6/2016, and will CONTINUE this matter to 12/20/17 at 10:00 a.m. A status report (unilateral or joint) is due 14 days in advance.
Appearances are excused for the 6/14/17 hearing.
***************************************************************************** Tentative for 6/22/2016:
The Court has received and reviewed the unilateral status report [Dk. 21] filed on 6/6/2016, and will CONTINUE this matter to 6/14/2017 at 10:00 a.m. A status report (unilateral or joint) is due 14 days in advance.
Appearances are excused.
************************************************************************** Tentative for 1/14/16:
11:00 AM
The Court has received and reviewed the status report filed12/9/15 [Dk. 18] and will CONTINUE this matter to June 22, 2016 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
****************************************************************************** Tentative for 10/8/2015:
The Court is inclined to approve the proposed joint pretrial stipulation filed 9/15/15 [Dk. 12] and set this matter for trial on 11/19/15 at 1:30 p.m. The trial will be by declaration. The parties are instructed to follow the procedures for trials by declaration which can be located on the Court's website.
Appearances required.
**************************************************************************** Tentative for 4/02/15 is to set the following dates/deadlines:
Discovery cutoff: July 31, 2015. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: August 31, 2015. Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial: September 17, 2015 at 10:00 a.m.
The parties are specifically advised to fully comply with all applicable local and federal rules. The failure to do so may result in the issuance of monetary and/or non-monetary sanctions, including dismissal of the action or striking of the answer.
Plaintiff is to lodge a scheduling order within seven (7) days.
11:00 AM
Debtor(s):
Woori The Winners Inc Represented By Jaenam J Coe
Defendant(s):
Woo Jin Trading Inc. Represented By Young K Chang
Plaintiff(s):
Lynda T. Bui Represented By
Steven Werth
Trustee(s):
Lynda T. Bui (TR) Represented By David M Goodrich Steven Werth
11:00 AM
Hearing RE: Chapter 7 Trustee's Motion To Approve Compromise With Peter Kote, As Trustee Of The Gerald And Barbara Anne Larson Revocable Trust (Motion filed 4/17/18)
(Notice of hearing filed 5/1/18) (Opposition filed 5/1/18)
Docket 125
- NONE LISTED -
Debtor(s):
Dana Kim Shelton Represented By Christopher P Walker
Trustee(s):
Richard A Marshack (TR) Represented By
Misty A Perry Isaacson
9:30 AM
Adv#: 8:15-01425 Marshack v. Ayotte et al
CONT'D TRIAL RE: Complaint For Avoidance, Recovery, And Preservation Of Preferential Transfers
[11 U.S.C. Sections 544, 547, 550, And 551]
(Complaint filed 10/27/15) (PTC set at S/C held 4/6/16) (Trial set at PTC held 6/14/17)
[Law Offices of Michael W. Ayotte [ONLY] - Dismissed per Order Entered 4- 6-17 - Docket No. 33]
FR: 3-9-16; 4-6-16; 4-6-16; 8-17-16; 11-30-16; 4-19-17; 6-14-17; 11-20-17; 2-
27-18
Docket 1
Debtor(s):
DRI Companies Represented By Todd C. Ringstad
Christopher Minier Brian R Nelson
Defendant(s):
Michael W. Ayotte Represented By Michael W Ayotte
Law Offices of Michael W. Ayotte Represented By
Michael W Ayotte
Plaintiff(s):
Richard A. Marshack Represented By Chad V Haes
9:30 AM
Trustee(s):
Judith E Marshack D Edward Hays
Richard A Marshack (TR) Represented By
D Edward Hays Chad V Haes Kyra E Andrassy Judith E Marshack
Leonard M Shulman Melissa Davis Lowe
11:00 AM
Emergency hearing re: Use of Cash Collateral EH
(Tele. appr. D. A. Darcy, rep. creditor, Firestone Financial, LLC)
Docket 29
Tentative for 5/23/18:
Appearances required. Debtor's Principal and counsel for both Debtor and the Secured Creditor, Strategic Funding Source, Inc., are instructed to appear in person in Santa Ana unless excused from this requirement by chambers.
Debtor(s):
Big Bear Bowling Barn, Inc. Represented By Julie J Villalobos
1:30 PM
Adv#: 6:16-01018 O'Laverty et al v. Far et al
STATUS CONFERENCE re Complaint by Ames Todd O'Laverty, Cheri O'Laverty, Merilee Sousa against Mohammad Far, Ruth Ann Far (523(a)(2), false pretenses, false representation, actual fraud, 523(a)(4), fraud as fiduciary, embezzlement, larceny, 523(a)(6), willful and malicious injury)
(Cont. 3/14/18) EH
Docket 1
Tentative for 5/30/18:
The Court has received and reviewed the status report filed by Debtors on 5/10/18 [Dk. 45] and will CONTINUE this matter to 10/17/18 at 1:30 p.m. A status report (whether joint or unilateral) is due 14 days in advance. Future failure to timely file status reports may result in sanctions.
Appearances are excused.
*************************************************************************** Tentative for 11/15/17:
This matter is CONTINUED to March 14, 2018 at 1:30 p.m. A status report (whether joint or unilateral) is due 14 days in advance. Future failure to timely file status reports may result in sanctions.
Appearances are excused.
******************************************************************************
1:30 PM
Tentative for 8/16/17:
The Court has received and reviewed the status report filed late on August 11, 2017 [Dk. 37]. This status conference is CONTINUED to November 15, 2017 at 1:30 p.m. A status report (whether joint or unilateral) is due 14 days in advance. Future failure to timely file status reports may result in sanctions.
Appearances are excused.
**************************************************************************** Tentative for 5/10/17:
The Court has reviewed the Status Report filed 5/2/17 [Dk. 34] and notes that it indicates the appeal has been filed and is pending. The Court will CONTINUE the status conference to August 16, 2017 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
***************************************************************************** Tentative for 3/15/17:
Appearances required. The parties should be prepared to discuss (1) the impact of the pending appeal on the motion for summary judgment presently calendared for 5/3/17; and (2) new dates for the pre-trial conference and motion for summary judgment, if warranted.
Debtor(s):
Mohammad Far Represented By Stephen H Darrow
Defendant(s):
Mohammad Far Represented By Stephen H Darrow
Ruth Ann Far Represented By
1:30 PM
Stephen H Darrow
Joint Debtor(s):
Ruth Ann Far Represented By
Stephen H Darrow
Plaintiff(s):
Ames Todd O'Laverty Represented By Ian Landsberg
Cheri O'Laverty Represented By Ian Landsberg
Merilee Sousa Represented By Ian Landsberg
Trustee(s):
Larry D Simons (TR) Represented By
Howard M Ehrenberg Jessica Vogel
1:30 PM
Adv#: 6:18-01056 Whitmore v. McKay V et al
STATUS CONFERENCE re: Complaint by Robert S. Whitmore against Alexander H. McKay V, Alexander H. McKay V as Trustee of the Alexander McKay V Living Trust. (Charge To Estate). (1) Determine that Property is Property of the Bankruptcy Estate; (2) Avoidance of Avoidable Transactions; and (3) To Recover Avoided Transactions Nature of Suit: (14 (Recovery of money/property - other)),(91 (Declaratory judgment))
EH
Docket 1
- NONE LISTED -
Debtor(s):
Deborah McKay Represented By Natalie A Alvarado
Defendant(s):
Alexander H. McKay V Pro Se Alexander H. McKay V as Trustee Pro Se
Plaintiff(s):
Robert S. Whitmore Represented By Franklin C Adams
Trustee(s):
Robert Whitmore (TR) Represented By Franklin C Adams
1:30 PM
Adv#: 6:17-01232 Cheeks v. Wells Fargo Bank NA
Hrg. on Defendant's Motion filed 4/30/18 to Dismiss Adversary Proceeding EH
Docket 9
Tentative for 5/30/18 is to DISMISS for lack of standing.
All legal and equitable interests of the Debtor are instantaneously subsumed within the Debtor’s bankruptcy estate upon the filing of bankruptcy. 11 U.S.C.
§ 541(a)(1); see Smith v. Arthur Anderson LLP, 421 F.3d 989, 1002 (9th Cir. 2005). The Trustee is the representative of the estate and has the capacity to sue and be sued on behalf of the estate. 11 U.S.C. § 323. The Trustee alone may pursue claims belonging to the bankruptcy estate. See In re Stoll, 252
B.R. 492, 495 (B.A.P. 9th Cir. 2000). As a result, the Debtor lacks standing to pursue the subject adversary proceeding, which has not been abandoned and remains an asset of the estate. Therefore, the adversary proceeding should be dismissed.
As the Court is dismissing for lack of standing it need not reach the other asserted grounds.
Appearances required.
Debtor(s):
Marcus Cheeks Pro Se
Defendant(s):
Wells Fargo Bank NA Represented By Adam N Barasch
1:30 PM
Plaintiff(s):
Marcus Cheeks Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
1:30 PM
Adv#: 6:18-01055 Saldana v. Cintron
STATUS CONFERENCE Re: Complaint by Elisa Saldana against Danny Cintron - 523(a)(2), 523(a)(4)
EH
Docket 1
Tentative for 5/30/18:
The Court has received and reviewed the unilateral status conference report filed on 5/3/18 [Dk. 5]. Defendant should be prepared to discuss why he should not be sanctioned for failure to participate in the joint status report as required under the local rules. If Defendant fails to appear, the Court will set an Order to Show Cause why his answer should not be stricken and default entered against him.
Appearances required.
Debtor(s):
Daniel Cintron Represented By Neil R Hedtke
Defendant(s):
Danny Cintron Pro Se
Plaintiff(s):
Elisa Saldana Pro Se
Trustee(s):
Charles W Daff (TR) Pro Se
1:30 PM
Adv#: 6:18-01065 Fawzy v. Garcia
STATUS CONFERENCE Re: Complaint by Sameh Fawzy against Lisa M. Garcia - 523(a)(2), 523(a)(6).
EH
Docket 1
Tentative for 5/30/18:
The Court has received and reviewed the Joint Status Report filed on 5/16/18 [Dk. 5]. In light of the parties' agreement to postpone discovery pending resolution of Plaintiff's Motion for Summary Judgment, the Court is inclined to set a continued status conference for July 18, 2018 at 10:00 a.m.
The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may result in the imposition of sanctions, including the striking of the answer and dismissal of the complaint.
Appearances required.
Debtor(s):
Lisa M Garcia Represented By Stephen R Wade
Defendant(s):
Lisa M. Garcia Pro Se
1:30 PM
Plaintiff(s):
Sameh Fawzy Represented By Christopher O Rivas
Trustee(s):
Steven M Speier (TR) Pro Se
1:30 PM
Adv#: 6:18-01079 Ayanova-Kiprilov v. Zahn et al
STATUS CONFERENCE re: Removal of Action EH
Docket 1
- NONE LISTED -
Debtor(s):
Yoana Evgenieva Ayanova-Kiprilov Pro Se
Defendant(s):
Paul Zahn Pro Se
Jeffrey Hoffer Pro Se
Plaintiff(s):
Yoana Ayanova-Kiprilov Pro Se
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
Adv#: 8:15-01419 Marshack v. Prudential Financial, Inc.
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For Avoidance,
Recovery, And Preservation Of Fraudulent Transfers
[11 U.S.C. Sections 544, 548, 550, And 551; Cal. Civ. Code Sections 3439 et seq.]
(Complaint filed 10/27/15) (PTC set at S/C held 3/9/16)
FR: 3-9-16; 9-28-16, 11-3-16; 4-19-17; 6-14-17; 8-16-17; 10-18-17; 3-7-18
Docket 1
- NONE LISTED -
Debtor(s):
DRI Companies Represented By Todd C. Ringstad
Christopher Minier Brian R Nelson
Defendant(s):
Prudential Financial, Inc. Represented By Jeffrey D Cawdrey Jennifer E Duty
Plaintiff(s):
Richard A. Marshack Represented By Judith E Marshack Chad V Haes
10:00 AM
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays Chad V Haes Kyra E Andrassy Judith E Marshack
Leonard M Shulman Melissa Davis Lowe
10:00 AM
Adv#: 8:17-01110 Hashemi v. U.S. Department of Education et al
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For: Determination That Student Loan Debt Is Dischargeable Pursuant To 11 U.S.C. Section 523(a)(8)
(Complaint filed 6/27/17) (Another Summons issued 7/14/17) (PTC set at S/C held 10/18/17)
(J.P. Morgan Chase Bank, N.A. - Dismissed - See docket no. [14]) (Judgment Pursuant To Stipulation - U.S. Department of Education - See docket No. [34])
FR: 3-14-18
Docket 1
Tentative for 5/30/18:
The pretrial hearing is vacated. A continued status conference will be held on 7/18/18 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
***************************************************************************** Tentative for 10/18/17 is to set the following dates/deadlines:
Discovery cutoff: January 31, 2018. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: February 28, 2018. Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial: March 14, 2018 at 10:00 a.m.
The parties are advised to cooperate and carefully and precisely follow all
10:00 AM
applicable local and federal rules. The failure to do so may result in the imposition of monetary and/or non-monetary sanctions, including the dismissal of the action or the striking of the answer.
Plaintiff is to lodge a scheduling order within seven (7) days.
Debtor(s):
Suzon Hashemi Represented By Christine A Kingston
Defendant(s):
U.S. Department of Education Represented By Elan S Levey
PNC Bank, N.A. Pro Se
Deutsche Bank ELT Navient & SLM Pro Se
Plaintiff(s):
Suzon Hashemi Represented By Christine A Kingston
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
Adv#: 8:17-01110 Hashemi v. U.S. Department of Education et al
Hearing RE: Motion For Leave To File First Amended Complaint To Add Defendants
(Motion filed 5/7/18)
Docket 36
Tentative for 5/30/18 is to GRANT leave to amend, vacate the existing pretrial hearing date and set a status conference on 7/18/18 at 11:00 a.m.
A status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
Suzon Hashemi Represented By Christine A Kingston
Defendant(s):
U.S. Department of Education Represented By Elan S Levey
PNC Bank, N.A. Pro Se
Deutsche Bank ELT Navient & SLM Pro Se
Plaintiff(s):
Suzon Hashemi Represented By Christine A Kingston
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
Adv#: 8:17-01110 Hashemi v. U.S. Department of Education et al
Hearing RE: Motion For Default Judgment Against Deutsche Bank ELT Navient & SLM Trusts; And PNC Bank, NA; Pursuant To F.R.Civ.P. 55
(Motion filed 5/9/18)
Docket 40
Tentative for 5/30/18 is to DENY without prejudice.
Since the Motion For Leave To File First Amended Complaint [Dk. 36] is being granted (see Matter No. 3), the Motion for Default Judgment based on the original complaint cannot survive.
Appearances excused.
Debtor(s):
Suzon Hashemi Represented By Christine A Kingston
Defendant(s):
U.S. Department of Education Represented By Elan S Levey
PNC Bank, N.A. Pro Se
Deutsche Bank ELT Navient & SLM Pro Se
Plaintiff(s):
Suzon Hashemi Represented By Christine A Kingston
10:00 AM
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
Adv#: 8:18-01043 Marshack v. Mugar et al
STATUS CONFERENCE Hearing RE: Complaint To Revoke Debtors' Discharge:
For Failure To Comply With Court Order (11 U.S.C. Section 727(d)(3) And (a)(6);
For Fraud - (11 U.S.C. Section 727(d)(1); And
Relief From Order Authorizing Dismissal Of Complaint Objecting To Discharge (Federal Rule Of Bankruptcy Procedure 9024)
(Complaint filed 2/21/18)
Docket 1
- NONE LISTED -
Debtor(s):
Bradley B Mugar Represented By Parisa Fishback David Brian Lally
Defendant(s):
Bradley Mugar Pro Se
Sandra Mugar Pro Se
Joint Debtor(s):
Susan E Mugar Represented By Parisa Fishback David Brian Lally
Plaintiff(s):
Richard A Marshack Represented By Michael G Spector
10:00 AM
Trustee(s):
Richard A Marshack (TR) Represented By Michael G Spector
10:00 AM
Adv#: 8:17-01108 Farmers & Merchants Bank Of Long Beach v. Mugar et al
Hearing RE: Motion To Substitute Parties (Motion filed 5/18/18)
Docket 34
- NONE LISTED -
Debtor(s):
Bradley B Mugar Represented By Parisa Fishback David Brian Lally
Defendant(s):
Bradley B Mugar Represented By David Brian Lally
Sandra Mugar Represented By David Brian Lally
Joint Debtor(s):
Susan E Mugar Represented By Parisa Fishback David Brian Lally
Plaintiff(s):
Farmers & Merchants Bank Of Long Represented By
Ronald Appel
Trustee(s):
Richard A Marshack (TR) Represented By Michael G Spector
10:00 AM
10:00 AM
Adv#: 8:17-01108 Farmers & Merchants Bank Of Long Beach v. Mugar et al
STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt And/Or To Deny A Discharge
(Complaint filed 6/26/17) (PTC set at S/C held 9/13/17)
(S/C set per Order Entered 5-25-18) FR: 9-13-17
Docket 1
- NONE LISTED -
Debtor(s):
Bradley B Mugar Represented By Parisa Fishback David Brian Lally
Defendant(s):
Bradley B Mugar Represented By David Brian Lally
Sandra Mugar Represented By David Brian Lally
Joint Debtor(s):
Susan E Mugar Represented By Parisa Fishback David Brian Lally
Plaintiff(s):
Farmers & Merchants Bank Of Long Represented By
10:00 AM
Trustee(s):
Ronald Appel
Richard A Marshack (TR) Represented By Michael G Spector
10:00 AM
Motion for relief from stay [Real Property]
SchoolsFirst Federal Credit Union, And Its Successors And/Or Assignees vs. DEBTORS
(Motion filed 5/2/18)
[RE: 20231 Poplar Bluff Court, Unit 18, Unincorporated Area of Yorba Linda, CA 92886]
Docket 42
Tentative for 5/31/18 is to grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)
(3) waiver.
The Court notes the Response filed 5/16/18 [Dk. 45], which advises that Debtors are communcating with the Movant to resolve the matter, but does not identify legal grounds to deny the relief requested or otherwise express opposition to the Motion.
Note: Notwithstanding the Response, this matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Stephen Matthew Huerth Represented By Michael Jones Sara Tidd
Joint Debtor(s):
10:00 AM
Laura Elizabeth Huerth Represented By Michael Jones Sara Tidd
Trustee(s):
Richard A Marshack (TR) Represented By Michael Jones Leslie K Kaufman
10:00 AM
Motion for relief from stay [Personal Property]
Wells Fargo Bank, N.A., d/b/a Wells Fargo Dealer Services vs. DEBTORS (Motion filed 4/27/18)
[RE: 2008 Toyota Camry - VIN No.: 4T4BE46K58R025735]
Docket 17
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Apostolos P Vasilakos Represented By Anerio V Altman
Joint Debtor(s):
Georgia Vasilakos Represented By Anerio V Altman
Trustee(s):
Thomas H Casey (TR) Pro Se
10:00 AM
Motion for relief from stay [Unlawful Detainer]
Huong Pham vs. DEBTOR (Motion filed 4/16/18)
[RE: 2302 S. Greenville, Santa Ana, CA 92704]
Docket 11
Tentative for 5/31/18 is to DENY:
Improper service. Debtor not served as required by LBR 4001-1(c)(1) (A).
The prayer for relief on pg. 5 does not check any boxes for relief at paragraph 1.
Appearances required.
Debtor(s):
Rina Violeta Cubias Represented By Randy Alexander
Trustee(s):
Thomas H Casey (TR) Pro Se
10:00 AM
Motion for relief from stay [Personal Property]
Cab West LLC vs. DEBTOR (Motion filed 4/26/18)
[Affects Luminance Health Group, Inc. ONLY]
[RE: 2016 Ford Fusion - VIN No.: 3FA6P0LU9GR291084]
Docket 108
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays David Wood
10:00 AM
Motion for relief from stay [Personal Property]
Cab West LLC vs. DEBTOR (Motion filed 4/26/18)
[Affects Luminance Health Group, Inc. ONLY]
[RE: 2016 Ford Fusion - VIN No.: 3FA6P0LU0GR291085]
Docket 109
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays David Wood
10:00 AM
Motion for relief from stay [Personal Property]
Mercedes-Benz Financial Services USA, LLC dba Daimler Trust vs. DEBTOR (Motion filed 4/30/18)
[Affects Luminance Recovery Center, LLC ONLY]
[RE: 2015 Mercedes-Benz Sprinter M2PV144 - VIN No.: WDZPE7DC1FP120970]
Docket 119
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays David Wood
10:00 AM
Motion for relief from stay [Personal Property]
Hyundai Lease Titling Trust vs. DEBTOR (Motion filed 4/24/18)
[RE: 2015 Kia Sportage - VIN No.: KNDPB3AC7F7755441]
Docket 7
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Paniz Kazemi Represented By Kevin J Kunde
Trustee(s):
Jeffrey I Golden (TR) Pro Se
10:00 AM
Motion for relief from stay [Unlawful Detainer]
Wavell Showcase & Fixtures, Inc. vs. DEBTOR (Motion filed 5/2/18)
[RE: 10831 Bloomfield Street, Suite B, Los Alamitos, CA 90720]
Docket 16
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Stuttgart Auto Werks Represented By Jeffrey B Smith
Trustee(s):
Jeffrey I Golden (TR) Pro Se
10:00 AM
Motion for relief from stay [Unlawful Detainer]
Bobak Zonnoor And Seyedeh Leila Zonnoor vs. DEBTOR (Motion filed 5/2/18)
[RE: 33 Siena Ridge, Mission Viejo, CA 92692]
Docket 13
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver.
The Court notes the opposition filed by Debtor on 5/29/18 [Dk. 15], indicating that not all of the parties were served, an incorrect address was used, and the Debtor did not receive the Motion. However, the proof of service attached to the Motion [Dk 13, pg. 11] indicates that the Debtor was served at 27758 Santa Margarita Pkwy #540, Mission Viejo, CA 92692, which is the address listed on the Petition as Debtor's mailing address, as well as 33 Siena Ridge, Mission Viejo, CA 92692. Accordingly, it appears that service upon the Debtor was proper.
Appearances required.
Debtor(s):
Miliani De'Aira Johnson Pro Se
Trustee(s):
Weneta M Kosmala (TR) Pro Se
11:00 AM
CONT'D POST CONFIRMATION STATUS CONFERENCE Hearing: (1) Case
Management Conference And (2) Requiring Status Report (Petition filed 2/13/15) (Plan Confirmed on 7/8/16)
(Set per Order Entered 7/8/16)
FR: 7-23-15; 1-7-16; 3-3-16; 3-31-16; 6-23-16; 11-16-16; 11-17-16; 11-30-16;
12-1-16, 5-11-17; 12-14-17
Docket 1
Tentative for 5/31/18:
The Court has received and reviewed the status report filed on 5/23/18 [Dk. 1728]. This matter is CONTINUED to 8/23/18 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
********************************************************************** Tentative for 12/14/17:
The Court has received and reviewed the status report filed on 12/1/17 [Dk. 1688]. This matter is CONTINUED to 5/31/18 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
**************************************************************************** Tentative for 5/11/17:
The Court has received and reviewed the status report filed on 4/27/17 [Dk. 1564]. This matter is CONTINUED to 12/14/17 at 11:00 a.m. A status report
11:00 AM
is due 14 days in advance.
Appearances are excused.
Debtor(s):
American Spectrum Realty Inc., a Represented By
Robert E Opera Peter W Lianides Andrew B Levin
11:00 AM
Hearing RE: Approval Of First Amended Disclosure Statement Describing First Amended Chapter 11 Plan
(First Amended D.S. filed 4/30/18)
Docket 415
- NONE LISTED -
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman William N Lobel Babak Samini
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 2/24/17)
FR: 4-20-17; 7-11-17; 8-17-17; 11-9-17; 12-14-17; 2-21-18; 4-18-18; 5-3-18
Docket 1
Tentative for 5/31/18:
None listed.
************************************************************************ Tentative for 4/18/18:
The Court has received and reviewed the Status Report filed 4/4/18 [Dk. 383]. Appearances required.
***************************************************************************** Tentative for 2/21/18:
The Court has received and reviewed the Status Report filed 2/7/18 [Dk. 299], and the supplemental Status Report filed 2/16/18 [Dk. 313].
Appearances required.
***************************************************************************** Tentative for 12/14/17:
This matter is CONTINUED to 4/19/18 at 11:00 a.m. to coincide with the
11:00 AM
hearing on the adequacy of the disclosure statement. Appearances are excused.
**************************************************************************** Tentative for 11/09/17:
This matter is CONTINUED to 12/14/17 at 11:00 a.m. to coincide with the hearing on the adequacy of the disclosure statement.
Appearances are excused.
*************************************************************************** Tentative for 8/17/17:
This matter is CONTINUED to 11/9/17 at 11:00 a.m. to coincide with the hearing on the adequacy of the disclosure statement.
Appearances are excused.
************************************************************ Tentative for 4/20/17:
The Court has reviewed the status reports in their entirety. The Court is inclined to set the following dates:
The bar date for filing of claims is set for June 16, 2017;
Debtor shall serve Notice of Bar Date to all creditors and parties in interest no later than April 25, 2017;
A Disclosure Statement and Plan must be filed on or before June 26, 2017;
A Continued Status Conference shall be held on June 29, 2017, at 11:00 a.m.
No appearances are necessary at the Status Conference on April 20, 2017 at 11:00 a.m. Debtor to lodge order within 7 days.
11:00 AM
Debtor(s):
John Jean Bral Represented By Beth Gaschen
11:00 AM
CONT'D Hearing RE: Motion Seeking: (1) Disallowance Of Claims 14 And 16; And (2) Striking Claims Alleged In Adversary Nos. 8:17-ap-01094 And 8:17-ap- 01092 On The Grounds The Same Were Filed Based on Falsified Evidence (Motion filed 11/22/17)
FR: 12-14-17; 2-21-18; 4-18-18; 5-3-18
Docket 219
- NONE LISTED -
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman William N Lobel
11:00 AM
Adv#: 8:17-01071 Bral v. Beitler
CONT'D Hearing RE: Motion For Summary Judgment on Debtor's First Amended Complaint Against Barry Beitler for: (1) Avoidance of Preference Pursuant to 11 U.S.C. Section 547; (2) Avoidance of Unperfected Liens Pursuant to 11 U.S.C. Section 544(A); (3) Recovery of Avoided Transfers Pursuant to 11 U.S.C. Section 550; and (4) Disallowance of Claims Pursuant to 11 U.S.C. Section 502
[LIMITED ISSUES ONLY]
(Motion filed 12/14/17) FR: 1-25-17; 2-21-18
Docket 27
Tentative for 5/31/18:
None listed.
***************************************************************************** Tentative for 2/21/18:
The Court has determined that this matter is appropriate for disposition without further oral argument. An order will be issued shortly.
Appearances are excused.
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman William N Lobel
11:00 AM
Defendant(s):
Barry Beitler Represented By
Krikor J Meshefejian
Plaintiff(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman William N Lobel
11:00 AM
Adv#: 8:17-01071 Bral v. Beitler
CON'TD STATUS CONFERENCE Hearing RE: Complaint Against Barry Beitler For:
Avoidance Of Preference Pursuant To 11 U.S.C. Section 547;
Recovery Of Avoided Transfers Pursuant To 11 U.S.C. Section 550; And
Disallowance Of Claims Pursuant To 11 U.S.C. Section 502 (Complaint filed 5/9/17) (Set per order entered 11/13/17)
FR: 8-3-17, 11-9-17
Docket 1
Tentative for 5/31/18:
None listed.
***************************************************************************** Tentative for 11/09/17 is to set the following dates and deadlines:
Discovery cutoff: March 30, 2018. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: April 30, 2018. Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial: May 31, 2018 at 11:00 a.m.
The parties are advised to cooperate and follow all local and federal rules precisely. The failure to do so may result in the imposition of monetary and/or non-monetary sanctions, including the striking of the answer or dismissal of the action.
Plaintiff is to lodge a scheduling order within seven (7) days.
11:00 AM
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
Defendant(s):
Barry Beitler Pro Se
Plaintiff(s):
John Jean Bral Represented By Beth Gaschen
11:00 AM
Adv#: 8:17-01092 Beitler v. Bral
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Non-
Dischargeability Of Debt Under Bankruptcy Code Section 523 (Complaint filed 6/2/17) (First Amended Complaint filed 12/1/17)
FR: 8-31-17; 11-9-17; 12-7-17; 1-24-18; 1-25-18; 2-21-18; 4-18-18; 5-3-18
Docket 1
Tentative for 5/31/18:
None listed.
************************************************************************ Tentative for 4/18/18:
None listed.
************************************************************************ Tentative for 2/21/18:
None listed.
************************************************************************ Tentative for 12/07/17:
This matter is CONTINUED to February 22, 2018, at 11:00 a.m. A status report is due 14 days in advance.
Appearances for the 12/07/17 hearing are excused.
11:00 AM
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
Defendant(s):
John Jean Bral Pro Se
Plaintiff(s):
Barry Beitler Represented By
Krikor J Meshefejian Gary E Klausner
11:00 AM
Adv#: 8:17-01094 Beitler & Associates, Inc. dba Beitler Commercial v. Bral
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Non-
Dischargeability Of Debt Under Bankruptcy Code Section 523 (Complaint filed 6/2/17) (First Amended Complaint filed 12/1/17)
FR: 8-31-17; 11-9-17; 12-7-17; 1-24-18; 1-25-18; 2-21-18; 4-18-18; 5-3-18
Docket 1
Tentative for 5/31/18:
None listed.
************************************************************************ Tentative for 4/18/18:
None listed.
************************************************************************ Tentative for 2/21/18:
None listed.
************************************************************************ Tentative for 12/07/17:
This matter is CONTINUED to February 22, 2018, at 11:00 a.m. A status report is due 14 days in advance.
Appearances for the 12/07/17 hearing are excused.
11:00 AM
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
Defendant(s):
John Jean Bral Pro Se
Plaintiff(s):
Beitler & Associates, Inc. dba Represented By
Krikor J Meshefejian Gary E Klausner
11:00 AM
Adv#: 8:17-01095 Steward Financial LLC v. Bral
CONT'D STATUS CONFERENCE Hearing RE: First Amended Complaint To Determine Non-Dischargeability Of Debt Under Bankruptcy Code Section 523 (Complaint filed 6/2/17) (First Amended Complaint filed 12/1/17)
FR: 8-31-17; 11-9-17; 12-7-17; 1-24-18; 1-25-18; 2-21-18; 4-18-18; 5-3-18
Docket 1
Tentative for 5/31/18:
None listed.
************************************************************************ Tentative for 4/18/18:
None listed.
************************************************************************ Tentative for 2/21/18:
None listed.
************************************************************************ Tentative for 12/07/17:
This matter is CONTINUED to February 22, 2018, at 11:00 a.m. A status report is due 14 days in advance.
Appearances for the 12/07/17 hearing are excused.
11:00 AM
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
Defendant(s):
John Jean Bral Pro Se
Plaintiff(s):
Steward Financial LLC Represented By
Krikor J Meshefejian Gary E Klausner
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 5/1/17)
FR: 6-15-17; 6-29-17; 9-14-17; 10-5-17; 12-7-17; 12-14-17; 2-22-18
Docket 1
Tentative for 5/31/18:
The Court has received and reviewed the Status Report filed on 5/16/18 [Dk. 156] and will CONTINUE this matter to 8/23/18 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
******************************************************************************* Tentative for 2/22/18:
The Court has received and reviewed the Status Report filed on 2/08/18 [Dk. 134] and will CONTINUE this matter to 5/31/18 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
******************************************************************************* Tentative for 12/14/17:
The Court has received and reviewed the Status Report filed on 11/30/17 [Dk. 124] and will CONTINUE this matter to 2/22/18 at 11:00 a.m. A status report is due 14 days in advance.
11:00 AM
Appearances are excused.
******************************************************************************* Tentative for 10/5/17:
The Court has received and reviewed the Status Reports filed on 8/31/17 [Dk. 63] by Debtor and on 9/1/17 [Dk. 64] by the Examiner, Arturo Cisneros. The Court is planning on issuing an order to show cause why the case should not be dismissed or converted to Chapter 7, based on the Examiner's Status Report.
Appearances required.
******************************************************************************** Tentative for 9/14/17:
This matter is CONTINUED to October 5, 2017 at 11:00 a.m. to accommodate the Examiner's Request contained in his report filed 9/1/17 [Dk. 64].
Appearances are excused for the 9/14/17 status conference.
******************************************************************************** Tentative for 6/29/17:
Appearances required as set forth in the Scheduling Order entered on 6/20/17 as Dk. 38.
*********************************************************************************** Tentative for 6/15/17:
The Court has reviewed the status report filed 6/1/17 [Dk. 23], the amended status report filed 6/1/17 [Dk. 24], and the second amended status report filed 6/13/17 [Dk. 30] as well as the docket and all pleadings filed, and notes the following:
11:00 AM
This case was filed on 5/1/17.
Debtors have failed to comply with the terms of the Scheduling Order entered 5/3/17 [Dk. 6] (the "Order"), which required service of the Order within 48 hours of receipt. Order at p. 2:1. The proof of service filed by Debtors on 6/2/17 [Dk. 27] indicates the Order was served on 6/1/17, almost one month late.
Debtors have failed to comply with the terms of the Order which requires that the status report be "supported by evidence in the form of declarations and supporting documents." Order at p. 2:5-7.
Neither the status report, the amended status report, or the second amended status report "describe the status of the Debtors' post-petition operations," as required by the Order at p. 2:18.
The Debtors' proposed deadline for filing and serving a disclosure statement and plan of January 15, 2018 is more than 120 days from the filing (259 days). Debtors provide no explanation for delay, as required by the Order at p. 3:13-14 ("If a disclosure statement cannot be filed within the first 120 days of the case, explain the reasons for the delay.")
Counsel should appear and be prepared to discuss the foregoing and why counsel should not be sanctioned for failure to comply with an order of this Court.
Appearances required.
Debtor(s):
Cecilio Romero Murrietta Represented By Andrew S Bisom
Joint Debtor(s):
Irma Bonilla Murrietta Represented By Andrew S Bisom
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 5/18/17)
(Amended S/C Order Entered 6-9-17) FR: 7-13-17; 10-19-17; 1-25-18
Docket 1
Tentative for 5/31/18:
The Court has received and reviewed the status report filed by Debtors on 5/17/18 [Dk. 479], the Statement of the Official Committee of Unsecured Creditors filed on 5/17/18 [Dk. 478], and the Statement re: Continued Status Conference filed by Creditors/ Equity Holders Census Asset Management Group and Census Multi Family Fund LVN on 5/16/18 [Dk. 477].
The Court is inclined to set a continued status conference date of 10/4/18 at 11:00 a.m. A status report is due 14 days in advance.
Appearances required.
************************************************************************* Tentative for 10/19/17:
Is to set a continued status conference for January 25, 2018 at 11:00 a.m. with a status report due 14 days in advance.
Appearances are excused for the 10/19/17 hearing.
************************************************************************* Tentative for 7/13/17:
11:00 AM
The Court has received and reviewed the Status Report filed on 6/29/17 [Dk. 112]. The Court is inclined to set a continued status conference on 10/19/17 at 11:00 a.m., with a status report due 14 days in advance. The Parties should be prepared to discuss the setting of Chapter 11 deadlines with the Court.
Appearances required.
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok
Kyra E Andrassy
11:00 AM
Hearing RE: Debtor's Motion For Order:
Authorizing Sale Of Real Property Located At 1541 E. 51st Street, Los Angeles, California Pursuant To 11 U.S.C. Section 363(b) And (f);
Approving Overbid Procedures;
Approving Buyer, Successful Bidder, And Back-Up Bidder As Good-Faith Purchaser Pursuant To 11 U.S.C. Section 363(m);
Authorizing Payment Of Real Estate Broker's Commission And Ordinary Costs Of Sale;
Relieving The Kingdom Trust Company As The Custodian Of The Interests Held By WJA Secure Real Estate Fund LLC; And
Compelling Custodians To Execute Such Documents As May Be Reasonably Required By The Title Company
(Motion filed 5/10/18)
[Affects WJA Secure Real Estate Fund, LLC ONLY]
Docket 472
Tentative for 5/31/18 is to GRANT. Debtor's Counsel is to conduct an auction.
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok
Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 7/1/17)
FR: 8-17-17; 1-11-18; 3-8-18; 4-5-18
Docket 1
Tentative for 5/31/18:
This matter is CONTINUED to July 12, 2018 at 11:00 a.m. to coincide with the hearing on Debtors' Amended Chapter 11 Disclosure Statement. An updated status report is due 14 days in advance.
Appearances excused.
***************************************************************************** Tentative for 4/5/18:
None listed.
************************************************************************************ Tentative for 3/8/18:
This matter is CONTINUED to April 5, 2018 at 11:00 a.m. to coincide with the hearing on Debtors' Amended Chapter 11 Disclosure Statement. An updated status report is due 14 days in advance.
Appearances excused.
***************************************************************************** Tentative for 1/11/18:
11:00 AM
The Court has received and reviewed the Status Report filed on 12/28/18 [Dk. 130]. The Status Conference is CONTINUED to March 8, 2018, at 11:00 a.m.
Appearances are excused.
******************************************************************************** Tentative for 8/17/17:
The Court has received and reviewed the status report and amended Exhibit A to the status report. The Court is inclined to set the following dates:
The bar date for filing of claims is set for October 20, 2017;
Debtor shall serve Notice of Bar Date to all creditors and parties in interest no later than August 21, 2017;
The deadline to file objections to claims shall be November 30, 2017;
The deadline for the Debtor to file avoidance actions shall be November 30, 2017;
A Disclosure Statement and Plan must be filed on or before December 29, 2017;
A Continued Status Conference shall be held on January 11, 2018, at 11:00 a.m.
Appearances required.
Debtor(s):
Chrestotes, Inc Represented By David A Tilem
11:00 AM
Adv#: 8:18-01053 SGFC, LLC v. JVS Development, LLC
STATUS CONFERENCE Hearing RE: Complaint To Determine Non- Dischargeability Of Debt (1) Based Upon Fraud Under 11 U.S.C. Section 523 (A)(a)(2) Of The Bankruptcy Code; And (2) To Deny Discharge For Transferring Property With One Year With Intent To Hinder, Delay Or Defraud
[11 U.S.C. Section 727(a)(2)(A)]
Complaint filed 3/6/18)
Docket 1
- NONE LISTED -
Debtor(s):
JVS Development, LLC Represented By Todd L Turoci
Defendant(s):
JVS Development, LLC Pro Se
Plaintiff(s):
SGFC, LLC Represented By
Jean C Wilcox
Trustee(s):
Thomas H Casey (TR) Represented By Jeffrey I Golden Beth Gaschen
11:00 AM
Adv#: 8:18-01054 TSASU, LLC v. JVS Development, LLC
STATUS CONFERENCE Hearing RE: Complaint To Determine Non- Dischargeability Of Debt (1) Based Upon Fraud Under 11 U.S.C. Section 523(a)
(2) Of The Bankruptcy Code; And (2) To Deny Discharge For Transferring Property Within One Year With Intent To Hinder, Delay Or Defraud
[11 U.S.C. Section 727(a)(2)(A)]
Complaint filed 3/6/18)
Docket 1
- NONE LISTED -
Debtor(s):
JVS Development, LLC Represented By Todd L Turoci
Defendant(s):
JVS Development, LLC Pro Se
Plaintiff(s):
TSASU, LLC Represented By
Jean C Wilcox
Trustee(s):
Thomas H Casey (TR) Represented By Jeffrey I Golden Beth Gaschen
11:00 AM
STATUS CONFERENCE Hearing RE: (1) Case Management Conference And
(2) Requiring Status Report (Petition filed 3/26/18)
Docket 1
- NONE LISTED -
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
11:00 AM
Hearing RE: Motion By United States Trustee To Dismiss Case Pursuant To 11
U.S.C. Sections 1112(b), 349(a) And 105 With A 180 Day Bar Against Refiling; Request For Judgment For Any Quarterly Fees Due And Payable To The U.S.
Trustee At The Time Of The Hearing (Motion filed 4/18/18)
Docket 15
- NONE LISTED -
Debtor(s):
International Trading Group, LLC Represented By
Bert Briones
11:00 AM
STATUS CONFERENCE Hearing RE: (1) Case Management Conference And
Requiring Status Report (Petition filed 4/4/18)
Docket 1
- NONE LISTED -
Debtor(s):
International Trading Group, LLC Represented By
Bert Briones
9:30 AM
Law Offices of Austin P. Nagel - movant attorney Motion for Relief from Stay
Toyota Motor Credit Corporation vs. DEBTOR (Motion filed 4/26/18)
Re: 2017 Toyota Tacoma EH
Docket 10
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Marco D Ortega Represented By Sundee M Teeple
Trustee(s):
Karl T Anderson (TR) Pro Se
9:30 AM
Kimball, Tirey & St John LLP - movant attorney Motion for relief from stay
Christina Sarcasa vs. DEBTORS (Motion filed 5/8/18)
RE: 25093 Calle Viejo, Murrieta, CA 92563 EH
Docket 11
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Meredith Rochelle Clarke Represented By Norma Duenas
Trustee(s):
Karl T Anderson (TR) Pro Se
9:30 AM
Aldridge Pite, LLP - movant attorney Motion for Relief from Stay
Nationstar Mortgage LLC vs. DEBTOR (Motion filed 5/8/18)
Re: 3949 Coral Gables Road, Perris, California 92571 EH
Docket 11
- NONE LISTED -
Debtor(s):
German Mendoza Pro Se
Trustee(s):
Steven M Speier (TR) Pro Se
9:30 AM
Tiffany & Bosco - movant attorney Motion for relief from stay
Bank of America vs DEBTOR (Motion filed 5/15/18)
RE: N 2008 WARRIOR LE3305; VIN NO. 5HRSS33378C022907
EH
Docket 10
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Susie Christiansen Sessler Represented By Todd L Turoci
Trustee(s):
Robert Whitmore (TR) Pro Se
9:30 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for relief from stay
Santander Consumer USA, Inc. vs DEBTOR (Motion filed 5/10/18)
RE: 2007 Ford Fusion, VIN 3FAHP07Z77R128643
EH
Docket 8
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Noelle Kristin Hanna Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
9:30 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for relief from stay
Daimler Trust vs DEBTOR (Motion filed 5/10/18)
RE: 2014 Mercedes-Benz CLA250C, VIN WDDSJ4EB0EN151492
EH
Docket 10
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Maria Guadalupe Garcia Represented By
Ethan Kiwhan Chin
Trustee(s):
Todd A. Frealy (TR) Pro Se
9:30 AM
Buchalter A Professional Corporation - movant attorney Motion for relief from stay
The Golden 1 Credit Union vs DEBTORS (Motion filed 5/15/18)
RE: 2014 Ford Explorer EH
Docket 9
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Barbara Rea Ford Represented By Kevin J Kunde
Joint Debtor(s):
Jack Edwin Ford Represented By Kevin J Kunde
9:30 AM
Trustee(s):
John P Pringle (TR) Pro Se
10:30 AM
Hrg. on trustee's final report; applications for compensation EH
Docket 0
Tentative for 6/05/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Teodora Garcia Represented By Todd B Becker
Trustee(s):
Helen R. Frazer (TR) Pro Se
10:30 AM
Hrg. on Debtors' motion filed 2/13/18 to Avoid Lien Judicial Lien with Aqua Finance Inc.
EH
Docket 19
Tentative for 6/05/18 is to DENY:
The voluntary lien that Debtors seek to avoid is not one of the enumerated liens which may be avoided pursuant to §522(f) (it is not an involuntary lien or a lien for household furnishings, household goods, wearing apparel, appliances, books, animals, crops, musical instruments, or jewelry), nor can it be stripped pursuant to §506. See Dewsnup v. Timm, 502 US 410, 427, 112 S.Ct. 773, 116 L.Ed.2d 903 (1992).
Creditor's request for attorney's fees is denied as such requests must be made pursuant to a separately filed and noticed motion.
Appearances required.
Debtor(s):
Rene Gamez Represented By
Patricia A Mireles
Joint Debtor(s):
Santa Gamez Represented By
Patricia A Mireles
Trustee(s):
Helen R. Frazer (TR) Pro Se
10:30 AM
Hrg. on trustee's final report and application for compensation EH
Docket 43
Tentative for 6/05/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Danielle Nicole Martin Represented By Kevin M Cortright
Joint Debtor(s):
Sean Richard Martin Represented By Kevin M Cortright
Trustee(s):
Karl T Anderson (TR) Pro Se
10:30 AM
Hrg. on trustee's final report and application for compensation EH
Docket 0
Tentative for 6/05/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Charles Bernard Lynch Represented By Nathan Fransen
Joint Debtor(s):
Laura Christine Lynch Represented By Nathan Fransen
Trustee(s):
Steven M Speier (TR) Pro Se
10:30 AM
Hrg. on trustee's final report; applications for compensation EH
Docket 31
Tentative for 6/05/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Gladys Alicia Hernandez Represented By Summer M Shaw
Trustee(s):
Steven M Speier (TR) Pro Se
10:30 AM
Hrg on Creditor, First American Title Insurance Company's Motion to Reopen Chapter 7 Case
Docket 35
Tentative for 6/5/18:
Tentative is to GRANT the Motion to Reopen. The Court will set the Motion for Relief from the Automatic Stay filed on 5/3/18 [Dk. 33] ("MRAS") for hearing on 6/19/18 at 10:00 a.m. to allow the Debtor the opportunity to respond. Oppositions to the MRAS are due 6/12/18. Reply to any opposition filed may be made at the hearing. Movant to serve notice of the hearing no later than 5:00 p.m. on 6/5/18.
The Motion for Summary Judgment will be continued until after the MRAS is heard. The parties should be prepared to discuss an appropriate continued hearing date.
Appearances required.
Debtor(s):
Mazen Fazah Represented By
Stuart G Steingraber
Joint Debtor(s):
Amany Saleh Represented By
Stuart G Steingraber
Trustee(s):
Karl T Anderson (TR) Pro Se
10:30 AM
Hrg. on Trustee's Motion filed 4/30/18 For An Extension Of The Deadline To File A Complaint Objecting To The Debtors' Discharge
EH
Docket 55
Tentative for 6/05/18 is to GRANT.
Note: This matter is uncontested (See, Debtor's Non-Opposition filed on 4/3018 [Dk. 58]). Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Francis A Pignone Represented By
David A Akintimoye
Joint Debtor(s):
Maria Haydee Pignone Represented By
David A Akintimoye
Trustee(s):
Steven M Speier (TR) Represented By Robert P Goe
10:30 AM
Hrg on Motion Of United States Trustee To Disgorge Fees And Impose Damages And Fines Against Bankruptcy Petition Preparers Jacob Baca And Premier Legal Support
EH
Docket 21
Tentative for 6/05/18 is to GRANT.
Debtor(s):
James A Montoya Pro Se
Trustee(s):
Lynda T. Bui (TR) Pro Se
2:30 PM
Hrg. on Debtor and Debtor-in-Possession Motion filed 5/9/18 for entry of a final decree and order closing case
EH
Docket 181
Tentative for 6/05/18 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
MJM Ventures, Inc. Represented By John B Lightfeldt
1:30 PM
Adv#: 6:18-01079 Ayanova-Kiprilov v. Zahn et al
Hrg. on Defendant's Motion filed 4/27/18 to Dismiss complaint for failure to state a claim upon which relief can be granted - F.R.C.P. 12(b)(6); or, in the alternative, for a more definite statement - F.R.C.P. 12(e)
EH
Docket 8
NONE LISTED -
NONE LISTED -
Debtor(s):
Yoana Evgenieva Ayanova-Kiprilov Pro Se
Defendant(s):
Paul Zahn Represented By
Vincent S Green
Jeffrey Hoffer Pro Se
Plaintiff(s):
Yoana Ayanova-Kiprilov Pro Se
Trustee(s):
Steven M Speier (TR) Pro Se
1:30 PM
Adv#: 6:18-01079 Ayanova-Kiprilov v. Zahn et al
Hrg. on Defendant's Motion filed 4/17/18 to strike Portions of Debtor's Complaint
F.R.C.P. 12(f) EH
Docket 9
NONE LISTED -
NONE LISTED -
Debtor(s):
Yoana Evgenieva Ayanova-Kiprilov Pro Se
Defendant(s):
Paul Zahn Represented By
Vincent S Green
Jeffrey Hoffer Pro Se
Plaintiff(s):
Yoana Ayanova-Kiprilov Pro Se
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
Motion for relief from stay [Personal Property]
Ford Motor Credit Company LLC vs. DEBTOR (Motion filed 5/8/18)
[Affects Luminance Health Group, Inc. ONLY]
[RE: Five (5) 2016 Ford Transit Vans - VIN No.: 1FBZX2CG7GKA43891, 1FBZX2CG5GKA53156, 1FMZK1CM7GKA25834, 1FMZK1CM6GKA21757,
1FMZK1CM2GKA55756]
.
Docket 128
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
10:00 AM
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays David Wood
10:00 AM
Motion for relief from stay [Personal Property]
Honda Lease Trust vs. DEBTOR; And Richard A. Marshack, Chapter 7 Trustee (Motion filed 5/14/18)
[RE: 2015 Honda Civic - VIN No.: 19XF B2F7 5FE2 73830]
Docket 141
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays David Wood Kyra E Andrassy
10:00 AM
Motion for relief from stay [Unlawful Detainer]
Qui Shiyang vs. DEBTOR
(Motion filed 5/14/18) (Amended Motion filed 5/15/18)
[RE: 3001 Eminencia del sur, San Clemente, CA 92673]
Docket 151
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays David Wood Kyra E Andrassy
11:00 AM
CONT'D Hearing RE: Order To Show Cause Why The Case Should Not Be Dismissed Or Converted To Chapter 7
(Set per Order Entered 2/28/18) FR: 4-12-18; 5-3-18
Docket 121
Tentative for 6/7/18:
In light of the tentative for the Third Amended Disclosure Statement (see Matter No. 6), the OSC will be DISCHARGED. Debtor to lodge an order within
(7) days.
*************************************************************************************** Tentative for 5/3/18:
This matter is CONTINUED to 6/7/18 at 11:00 a.m. to coincide with the continued hearing on the adequacy of Debtors' Second Amended Disclosure Statement.
Appearances for the 5/3/18 hearing are excused.
********************************************************************* Tentative for 4/12/18:
This matter is CONTINUED to May 3, 2018 at 11:00 a.m. to coincide with the hearing on the adequacy of Debtors' Second Amended Disclosure Statement.
Appearances are excused.
11:00 AM
Debtor(s):
David Vincent Ross Represented By Michael Jones Sara Tidd
Joint Debtor(s):
Cheri LeAnn Ross Represented By Michael Jones Sara Tidd
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 7/11/17)
FR: 8-31-17; 1-11-18; 2-22-18; 4-12-18; 5-3-18
Docket 1
Tentative for 6/7/18:
This matter is CONTINUED to 8/23/18 at 11:00 a.m. to coincide with the proposed date for the plan confirmation hearing.
Appearances required.
********************************************************************************* Tentative for 5/3/18:
This matter is CONTINUED to 6/7/18 at 11:00 a.m. to coincide with the continued hearing on the adequacy of Debtors' Second Amended Disclosure Statement.
Appearances for the 5/3/18 hearing are excused.
********************************************************************* Tentative for 4/12/18:
This matter is CONTINUED to May 3, 2018 at 11:00 a.m. to coincide with the hearing on the adequacy of Debtors' Second Amended Disclosure Statement.
Appearances are excused.
***************************************************************************
11:00 AM
Tentative for 2/22/18:
None listed.
***************************************************************************** Tentative for 1/11/18:
None listed.
***************************************************************************** Tentative for 8/31/17 is to set the following dates/deadlines:
Deadline to file a plan and disclosure statement: November 1, 2017. The failure to timely file a plan and disclosure statement may result in the conversion or dismissal of the case.
Continued case status conference: January 11, 2018 at 11:00 a.m. A status report is due 14 days in advance.
Debtor(s):
David Vincent Ross Represented By Michael Jones Sara Tidd
Joint Debtor(s):
Cheri LeAnn Ross Represented By Michael Jones Sara Tidd
11:00 AM
CONT'D Hearing RE: Third Amended Disclosure Statement Describing Chapter 11 Plan Of Reorganization
(Second Amended D.S. filed 3/29/18) (Third Amended D.S. filed 5/16/18)
FR: 5-3-18
Docket 154
Tentative for 6/7/18:
The Court has received and reviewed the Debtors' redline and late-filed response to the Objection filed by U.S. Bank on 5/24/18 [Dk. 156]. The Court is inclined to approve the Disclosure Statement and set a plan confirmation hearing on August 23, 2018 at 11:00 a.m., but would like to hear from the parties.
Appearances required.
*******************************************************************
Tentative for 5/3/18 is to CONTINUE the hearing on the Second Amended Disclosure Statement ("DS") to 6/7/18 at 11:00 a.m. to allow the Debtor to address the below issues. The third amended disclosure statement must be filed by 5/17/18. Any Opposition must be filed by 5/31/18. Any reply may be filed by 5:00 p.m. on 6/5/18.
The Second Amended Disclosure Statement ("DS") is much closer to an approvable disclosure statement. Having reviewed the DS and the UST’s opposition, the Court believes that the DS may be approvable providing it is amended to address the following issues:
11:00 AM
Provide a drop dead date with respect to the liquidation and
information regarding what will happen if the drop dead date is not met.
Provide information regarding the basis for the valuation of $1.2 million for the Culver City Property’s sale price.
The DS currently states that the Plan provides for discharge upon confirmation. Dk. 139, pg. 61 ¶V.A. The DS and Plan should be amended to reflect that individual Chapter 11 debtors may not receive discharge until all plan payments have been made.
The DS is internally inconsistent with respect to the amount of UST fees owed. Compare pg. 17 ($1,125) with pg. 53 ($375).
The description of the treatment for the claim of BofA at pgs. 27-28 discussing bifurcation of BofA's claim appears to be a holdover from the prior DS. In light of the increase of value, BofA should be paid in full.
The remaining issues raised in the opposition appear to be issues for confirmation and should be addressed at that time.
Appearances for the 5/3/18 hearing are excused.
Debtor(s):
David Vincent Ross Represented By Michael Jones Sara Tidd
Joint Debtor(s):
Cheri LeAnn Ross Represented By Michael Jones Sara Tidd
11:00 AM
CONT'D Hearing RE: Motion For Entry Of Order: (1) Authorizing Sale Of Estate Asset (Liquor License) Free And Clear Of Claims Or Interests Pursuant To 11 U.S.C. Section 363(b) And (f); (2) Approving Overbid Procedures; (3) Determining That Buyer Is Entitled To A Good Faith Determination Pursuant To 11 U.S.C. Section 363(m)
(Motion filed 4/3/18)
[California Type 47 Liquor License 47-540850]
FR: 5-3-18
Docket 25
Tentative for 6/7/18 is to APPROVE. Debtor is to conduct an auction. Appearances required.
**************************************************************************** Tentative for 5/3/18 is to DENY without prejudice.
While the Notice and Notice of Sale of Estate Property were filed, no Motion or supporting declarations were filed. Accordingly, the Court cannot determine whether the sale is in the best interest of the Estate.
Debtor(s):
Fuzion Meet Eat Play, LLC Represented By Jeffrey B Smith
10:00 AM
CONT'D Hearing RE: Second Motion To Compel: 1. Turnover Of Property Of The Estate; And 2. To Account For Property Of The Estate
(Motion filed 4/25/18) FR: 5-16-18
Docket 61
NONE LISTED -
Debtor(s):
Bradley B Mugar Represented By Parisa Fishback David Brian Lally
Joint Debtor(s):
Susan E Mugar Represented By Parisa Fishback David Brian Lally
Movant(s):
Richard A Marshack (TR) Represented By Michael G Spector
Trustee(s):
Richard A Marshack (TR) Represented By Michael G Spector
11:00 AM
Hearing RE: Debtor John J. Bral's Motion For An Order Compelling Supplemental Responses To (1) First Set Of Requests For Admission Propounded On Barry Beitler And Betsy Boyd And (2) First Set Of Requests For Production Propounded On Barry Beitler And Request For Sanctions (Motion filed 5/21/18)
Docket 439
NONE LISTED -
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman William N Lobel Babak Samini
11:00 AM
Hearing RE: Chapter 7 Trustee's Emergency Motion For Order To Compel Comerica Bank To Turnover Funds On Hand, To Maintain Existing Bank, And Request For Payment Of Legal Fees
(Motion filed 6/6/18)
Docket 190
NONE LISTED -
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays David Wood Kyra E Andrassy
11:00 AM
Hearing RE: Chapter 7 Trustee's Emergency Motion For Order Authorizing Continued Maintenance Of Existing Bank Accoutns For A Limited Period Pursuant To 11 U.S.C. Sections 105, 345, And 363
(Motion filed 6/6/18)
Docket 188
NONE LISTED -
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays David Wood Kyra E Andrassy
1:30 PM
Hrg. on Post Confirmation Status Conference (Cont. from 10/17/17)
EH
Docket 0
Debtor(s):
Salvador Rivera Represented By Andrew H Griffin III
Joint Debtor(s):
Teresa Rivera Represented By Andrew H Griffin III
1:30 PM
Adv#: 6:14-01300 Bruner et al v. Singh
Status Conference re: Complaint by John Bruner, Irene Bruner against Pradeep Singh pursuant to §523(a)(2) and §523(a)(4)
(Cont. from 3/14/18) EH
Docket 1
- NONE LISTED -
Debtor(s):
Pradeep Singh Represented By
M Wayne Tucker
Defendant(s):
Pradeep Singh Pro Se
Joint Debtor(s):
Rindi P Singh Represented By
M Wayne Tucker
Plaintiff(s):
John Bruner Pro Se
Irene Bruner Pro Se
Trustee(s):
Arturo Cisneros (TR) Pro Se
Arturo Cisneros (TR) Pro Se
1:30 PM
U.S. Trustee(s):
United States Trustee (RS) Pro Se
1:30 PM
Adv#: 6:14-01302 Cooper et al v. Singh
STATUS CONFERENCE Re: Complaint by William Cooper, Cheryl Cooper against Pradeep Singh. false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny))
(Cont. from 3/14/18) EH
Docket 1
- NONE LISTED -
3rd Party Defendant(s):
Pradeep Singh Pro Se
3rd Party Plaintiff(s):
Cheryl Cooper Pro Se
William Cooper Pro Se
Debtor(s):
Pradeep Singh Represented By
M Wayne Tucker
Defendant(s):
Pradeep Singh Pro Se
Joint Debtor(s):
Rindi P Singh Represented By
M Wayne Tucker
1:30 PM
Plaintiff(s):
William Cooper Represented By Gregory W Brittain
Cheryl Cooper Represented By Gregory W Brittain
Trustee(s):
Arturo Cisneros (TR) Pro Se
U.S. Trustee(s):
United States Trustee (RS) Pro Se
1:30 PM
Adv#: 6:14-01304 Taylor v. Singh et al
PRE-TRIAL CONFERENCE RE: Complaint by Carole Taylor against Rindi P Singh, Pradeep Singh. false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(41 (Objection / revocation of discharge - 727(c),(d),(e)))
(Cont. from 3/14/18) EH
Docket 1
- NONE LISTED -
Debtor(s):
Pradeep Singh Represented By
M Wayne Tucker
Defendant(s):
Rindi P Singh Represented By
Solomon A Cheifer M Wayne Tucker
Pradeep Singh Represented By
M Wayne Tucker
Joint Debtor(s):
Rindi P Singh Represented By
M Wayne Tucker Solomon A Cheifer
1:30 PM
Plaintiff(s):
Carole Taylor Represented By Elliott R Speiser
Trustee(s):
Arturo Cisneros (TR) Pro Se
Arturo Cisneros (TR) Pro Se
U.S. Trustee(s):
United States Trustee (RS) Pro Se
10:30 AM
Hearing RE: Motion To Authorize Chapter 7 Trustee To Enter Into Stipulation With V&G Associates COV, Inc. And Luminance Yuba, LLC, Regarding Note Secured By Real Property In Yuba City, California Owned By Luminance Yuba, LLC, Pursuant To 11 U.S.C. § 363(b) And Federal Rule Of Bankruptcy Procedure 9019
(Set per OST signed 6/11/18)
[Tele. appr., Lawrence Gill, repr., Nelson Hardiman, LLP] [Tele. appr., Rosa Shirley, repr., Nelson Hardiman, LLP] [Tele. appr., Jay Geller, repr., V&G Associates COV, Inc.]
Docket 204
- NONE LISTED -
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays David Wood Kyra E Andrassy
10:30 AM
Hearing RE: Debtor's Emergency Motion For Order Authorizing Use Of Cash Collateral
(Motion filed 6/11/18)
Docket 10
- NONE LISTED -
Debtor(s):
West G 410, Inc. Represented By Lionel E Giron
11:00 AM
CONT'D POST-CONFIRMATION STATUS CONFERENCE Hearing RE: (1)
Case Management Conference And (2) Requiring Status Report (Petition filed 2/2/16)
(Post-Confirmation S/C set Per Order Entered on 7/24/17)
FR: 3-31-16; 6-30-16; 9-29-16; 10-20-16; 11-3-16; 12-15-16; 3-16-17; 6-8-17; 6-
19-17; 7-24-17; 1-11-18
Docket 0
Debtor(s):
California Hispanic Commission on Represented By
Michael R Totaro Linda F Cantor ESQ Victoria Newmark Nancy S Goldenberg
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 1/4/18) FR: 2-22-18
Docket 0
Debtor(s):
Fuzion Meet Eat Play, LLC Represented By Jeffrey B Smith
11:00 AM
Emergency hearing re: Use of Cash Collateral EH
(Cont. from 5/23/18)
Docket 29
Tentative for 6/18/18:
The Order entered 6/4/18 [Dk. 48] grants the use of cash collateral through 6/18/18 in an amount of up to $85,000. As of the posting of this tentative, nothing further has been filed.
Appearances required.
*************************************************************************** Tentative for 5/23/18:
Appearances required. Debtor's Principal and counsel for both Debtor and the Secured Creditor, Strategic Funding Source, Inc., are instructed to appear in person in Santa Ana unless excused from this requirement by chambers.
Debtor(s):
Big Bear Bowling Barn, Inc. Represented By Julie J Villalobos
1:30 PM
Adv#: 6:17-01229 FIRST AMERICAN TITLE INSURANCE COMPANY, a Nebraska v.
Hrg on Plaintiff's Motion For Summary Judgment as to the Complaint and Counter-Claim
EH
Docket 22
- NONE LISTED -
Debtor(s):
Mazen Fazah Represented By
Stuart G Steingraber
Defendant(s):
Amany Saleh Represented By
Stuart G Steingraber
Mazen Fazah Represented By
Stuart G Steingraber
Joint Debtor(s):
Amany Saleh Represented By
Stuart G Steingraber
Plaintiff(s):
FIRST AMERICAN TITLE Represented By Jean C Wilcox
Stuart G Steingraber
Trustee(s):
Karl T Anderson (TR) Pro Se
1:30 PM
1:30 PM
Adv#: 6:18-01079 Ayanova-Kiprilov v. Zahn et al
Hrg. on Defendant's Motion filed 5/9/18 to Remand action to Ventura County Superior Court - 28 U.S.C. §1452(b)
EH
Docket 23
- NONE LISTED -
Debtor(s):
Yoana Evgenieva Ayanova-Kiprilov Pro Se
Defendant(s):
Paul Zahn Represented By
Vincent S Green
Jeffrey Hoffer Pro Se
Plaintiff(s):
Yoana Ayanova-Kiprilov Pro Se
Trustee(s):
Steven M Speier (TR) Pro Se
11:00 AM
Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses
(Final Report Filed 5/8/18)
[RE: RICHARD A. MARSHACK - Chapter 7 Trustee] [Fees: $3,422.85; Expenses: $52.51]
[RE: LAW OFFICES WENETA M.A. KOSMALA - Attorney For Chapter 7
Trustee]
[Fees: $13,982.50; Expenses: $108.66]
[RE: HAHN FIFE & COMPANY LLP - Accountant For Chapter 7 Trustee] [Fees: $1,000.00]
Docket 62
Tenative for 6/18/18 is to APPROVE as requested, except as noted below:
The request for fees by Trustee's counsel shall be reduced by $1,221.50, representing the time incurred related to preparation of the Firm's employment application. The "preparation of an application for employment of a professional is a duty generally performed by a trustee without the assistance of an attorney". See In re Garcia, 335 B.R. 717, 725 (B.A.P. 9th Cir. 2005) (where BAP affirmed the denial of fees related to trustee's counsel's employment application in Chapter 7 case, where counsel was retained to negotiate an equity buy back and sell property of the estate). The Firm has not demonstrated that its employment application was not routine, which remains a trustee duty. Id.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further
11:00 AM
hearing is required and Trustee will be so notified. Trustee to lodge an order within seven (7) days.
Debtor(s):
Antonio Flores Acevedo Represented By Paul C Nguyen
Trustee(s):
Richard A Marshack (TR) Represented By Erin P Moriarty
11:00 AM
Adv#: 8:17-01054 Wagner et al v. Coronado
Hearing RE: Plaintiffs' Motion For Summary Judgment, Summary Adjudication Of Issues
(Motion filed 5/7/18)ok
Docket 31
- NONE LISTED -
Debtor(s):
Jaime Xavier Coronado Represented By Nathan Fransen
Defendant(s):
Jaime Xavier Coronado Represented By Nathan Fransen
Plaintiff(s):
Franz Wagner Represented By David Wood
Ron Dewalt Represented By
David Wood
Mark John Le Represented By
David Wood
Am Thi Le Represented By
David Wood
Thu Van Le Represented By
11:00 AM
Trustee(s):
D Edward Hays David Wood
Jeffrey I Golden (TR) Pro Se
11:00 AM
CONT'D Hearing RE: Debtor John J. Bral's Motion For An Order Compelling Supplemental Responses To (1) First Set Of Requests For Admission Propounded On Barry Beitler And Betsy Boyd And (2) First Set Of Requests For Production Propounded On Barry Beitler And Request For Sanctions (Motion filed 5/21/18)
FR: 6-11-18
Docket 439
Tentative for 6/18/18:
The Court has reviewed the Motion, the Opposition, and the Reply. It appears that the Beitler parties have served revised responses to Bral's requests for admission, but that there remains a dispute as to whether the blank pages produced contained content that still has not been produced. The parties are to meet and confer regarding the blank pages and make every effort to resolve all outstanding issues regarding the blank pages. A joint stipulation either confirming the parties have consensually resolved any issues with the blank pages or summarizing any unresolved issues must be filed no later than July 5, 2018. To the extent that the parties are unable to resolve remaining issues regarding the blank pages consensually, the Court will take any failure to produce into account at the continued hearing and in connection with the Motion to Strike. This hearing is continued to July 19, 2018, at 11:00 a.m.
Appearances are excused.
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman William N Lobel
11:00 AM
Babak Samini
11:00 AM
Adv#: 8:17-01110 Hashemi v. U.S. Department of Education et al
Hearing RE: Motion To Permit United Student Aid Funds, Inc. To Intervene As A Defendant In The Adversary Proceeding
(Motion filed 5/16/18)
Docket 43
- NONE LISTED -
Debtor(s):
Suzon Hashemi Represented By Christine A Kingston
Defendant(s):
United Student Aid Funds, Inc. Represented By Scott A Schiff
Deutsche Bank ELT Navient & SLM Pro Se PNC Bank, N.A. Pro Se
U.S. Department of Education Represented By Elan S Levey
Plaintiff(s):
Suzon Hashemi Represented By Christine A Kingston
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
Prober & Raphael - movant attorney Motion for relief from stay
Alaska USA Federal Credit Union vs DEBTOR (Motion filed 5/22/18)
RE: 2015 Dodge Durango, VIN 1C4RDHEG3FC689524
EH
Docket 24
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Sammantha Alexzundria Guillen Represented By
Rhonda Walker
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for relief from stay
Ford Motor Credit Company LLC vs DEBTORS (Motion filed 5/16/18)
RE: 2015 Ford F150, VIN 1FTEW1CP0FKE05128
EH
(Tele. appr Sheryl K. Ith, rep. creditor, Ford Motor Credit Company )
Docket 11
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Charles Eduard Douglas Represented By
M Wayne Tucker
Joint Debtor(s):
Teresa Karen Douglas Represented By
M Wayne Tucker
10:00 AM
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
The Mortgage Law Firm - movant attorney Motion for relief from stay
Deutsche Bank National Trust Co vs DEBTOR (Motion filed 5/16/18)
RE: 6659 SCULLY WAY, RIVERSIDE, CALIFORNIA 92509
EH
Docket 8
- NONE LISTED -
Debtor(s):
Atanacia Morales Pro Se
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
French Lyon Tang, PC - movant attorney Motion for relief from stay
Bank of the West vs DEBTOR (Motion filed 5/24/18)
RE: 2016 Dodge Charger - VIN 2C3CDXEJ9GH281222
EH
Docket 7
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Rolman Jossue CalderonRojas Represented By Aaron Lloyd
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
Law Offices of Austin P Nagel - movant attorney Motion for relief from stay
Toyota Motor Credit Corporation vs DEBTORS (Motion filed 5/23/18)
RE: 2011 Toyota Tundra - VIN 5TFRM5F18BX035548
EH
(Tele. appr Austin Nagel, rep. creditor, Toyota )
Docket 12
Tentative for 6/19/18 is to DENY.
Movant's declaration indicates that there is an equity cushion of 62.34% (Decl. of Rahnae Spooner, ¶11.a). The Ninth Circuit has held that a 20% equity cushion adequately protects a creditor’s security interest. In re Mellor, 734 F.2d 1396, 1401 (9th Cir. 1984).
Further, Movant has presented no evidence supporting Movant's argument contained in the attachment to the Motion that cause also exists because although Debtor expressed her intent to reaffirm, she is unable to do so.
Appearances required.
Debtor(s):
Victor Manuel Gonzalez Represented By Suzette Douglas
10:00 AM
Joint Debtor(s):
Claudia Catalina Montano-Gonzalez Represented By
Suzette Douglas
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
Law Offices of Carol G Unruh - movant attorney Motion for relief from stay
Onuldo, Inc. vs DEBTOR (Motion filed 5/24/18)
RE: 22980 Orangewood Court Grand Terrace, CA 92313 EH
Docket 7
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Edgar A Alvarez Pro Se
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
Hershorin & Henry, LLP - movant attorney Motion for Relief from Stay
First American Title Insurance Company vs. DEBTOR (Motion filed 5/3/18)
Re: .(Action in Non-Bankruptcy Forum)
Docket 33
Tentative is to GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1) with 4001(a)(3) waiver and annulment.
Because granting annulment will terminate the automatic stay retroactively with respect to the State Court Judgment, the period for Debtors to file an appeal of the State Court Judgment is extended in accordance with 11 U.S.C.
§ 108(c). Debtors will have 30 days from notice of the termination of the stay to file an appeal of the State Court Judgment.
In addition, Movant's currently pending Motion for Summary Judgment ("MSJ") in Adversary Case No. 6:17-ap-01229-SC is largely based on the State Court Judgment. The Parties should be prepared to discuss next steps for the MSJ in light of the non-final nature of the State Court Judgment.
Appearances required.
Debtor(s):
Mazen Fazah Represented By
Stuart G Steingraber
10:00 AM
Joint Debtor(s):
Amany Saleh Represented By
Stuart G Steingraber
Trustee(s):
Karl T Anderson (TR) Pro Se
11:00 AM
Hrg on Trustee's Final Report and Applications for Compensation EH
Docket 36
Tentative for 6/19/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Francisco Gil Pro Se
Joint Debtor(s):
Adriana Gil Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
11:00 AM
Hrg on Trustee's Final Report and Applications for Compensation EH
Docket 55
Tentative for 6/19/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Lance Grundl Represented By
Jerald Scott Bennett
Joint Debtor(s):
Doreen Dronet Represented By
Jerald Scott Bennett
Trustee(s):
Karl T Anderson (TR) Represented By Melissa Davis Lowe Leonard M Shulman
11:00 AM
Hrg on Trustee's Motion for Order Requiring Debtor to Turn Over Documents EH
(Tele. appr Hydee J Riggs, rep. trustee, Robert S Whitmore )
Docket 44
Tentative for 6/19/18 is to GRANT. Debtor is to produce the requested documents within 7 days of entry of the order granting the Motion.
The Trustee's objection to the Declaration of Lazaro Fernandez is overruled as it must be filed in a separate document pursuant to LBR 9013-1(i)(2)(A).
Appearances required.
Debtor(s):
Steven Lane Fulgham Represented By Lazaro E Fernandez
Trustee(s):
Robert Whitmore (TR) Represented By Hydee J Riggs
11:00 AM
Hrg. on Chapter 7 Trustee's Motion filed 5/1/18 for Order Disallowing Claim of Exemption Relating to Injuries Sustained in Car Accident
EH
(Tele. appr Robert S Altagenl, rep. debtors, Garcia )
Docket 0
- NONE LISTED -
Debtor(s):
Maria Sonia Moreno Represented By Summer M Shaw
Trustee(s):
Karl T Anderson (TR) Represented By
Misty A Perry Isaacson Wilshire Law Firm Brian D Chase
11:00 AM
Hrg on Trustee's Final Report and Applications for Compensation EH
Docket 61
Tentative for 6/19/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Alejandro Garcia Represented By Manfred Schroer
Trustee(s):
Robert Whitmore (TR) Pro Se
11:00 AM
Hrg. on attorney for chapter 7 trustee Motion filed 2/15/18 Objections to Debtor's Exemptions of Personal Injury Claim and Class Action Lawsuit Claim
(Cont. from 3/20/18) EH
Docket 27
- NONE LISTED -
Debtor(s):
William P VanDerWeele Represented By Sundee M Teeple
Trustee(s):
Robert Whitmore (TR) Represented By Franklin C Adams Cathy Ta
11:00 AM
Hrg. on chapter 7 trustee's Motion filed 5/30/18 For Sale of Property of the Estate under Section 363(b) for Authority to Sell the Estate's Interest in BSM, LLC Free and Clear of Liens, Subject to Overbid
EH
Docket 112
Tentative is for 6/19/18 is to GRANT. Trustee is to conduct an auction.
Debtor(s):
DESERT RANCH LLLP Represented By Jenny L Doling Summer M Shaw
Trustee(s):
Helen R. Frazer (TR) Represented By Laurel R Zaeske
1:30 PM
Hrg. on Chapter 11 Status Conference (Cont. from 3/7/18)
EH
Docket 0
Tentative for 6/19/18:
None listed.
****************************************************************************** Tentative for 2/06/18:
This matter is CONTINUED to 3/7/18 at 10:00 a.m. to coincide with the hearing on the amended disclosure statement.
Appearances are excused.
****************************************************************************** Tentative for 12/12/17:
None listed.
****************************************************************************** Tentative for 10/03/17:
This matter is CONTINUED to November 14, 2017 at 1:30 p.m. A status report is due 14 days in advance.
1:30 PM
Appearances for the 10/03/17 hearing are excused.
*************************************************************************** Tentative for 5/9/17:
On 3/21/17, as Dk. No. 3, the Court entered an Order (1) Setting Scheduling Hearing and Case Management Conference and (2) Requiring Status Report ("Order"). The Order scheduled the status hearing for 5/9/17, and, among other things, required the Debtor to serve a copy of the Order on the 20 largest creditors within 48 hours and file a status report 14 days prior to the hearing.
As of the posting of this tentative, it does not appear that any proof of service regarding the Order was filed.
Moreover, while a Status Report was tardily filed on May 2, 2017 [Dk. 36], it fails to fully comply with the Order. Most notably, it does not include the required line-item budget covering the first 60 days of the bankruptcy.
Counsel should be prepared to discuss why this case should not be dismissed for failure to comply with this Court's Order.
Appearances are required.
Debtor(s):
Village News, Inc. Represented By
Robert B Rosenstein
1:30 PM
Hrg. on Confirmation of Chapter 11 Plan
EH
Docket 66
Tentative for 6/19/18:
During the hearing on the Amended Disclosure Statement held on March 7, 2018, the Court expressed concerns regarding feasibility of this Chapter 11 Plan, and recommended to counsel that additional evidence would likely be required to establish feasibility, including filing updated and amended MORs. Counsel had not provided any additional evidence. The existing evidence is not sufficient for the Court to determine whether this Plan is feasible.
In particular, the projections presented in the disclosure statement are difficult to comprehend. It is not clear as to which months identified in the disclosure statement the projections correspond. The projections filed with the amended disclosure statement are identical to those filed with the original disclosure statement, suggesting they correspond to particular calendar months. Based on the information before the Court, it appears that had the original disclosure statement been approved, the first month of the confirmed plan would have been February 2018. However, the actual net revenue earned in February, March, and April 2018, combined with the cash on hand, falls short of the amounts required to pay all expenses that must be paid on the effective date and fund the first three months of the plan.
Debtor should be prepared to present additional evidence to demonstrate the feasibility of the plan.
1:30 PM
Appearances required.
Debtor(s):
Village News, Inc. Represented By
Robert B Rosenstein
1:30 PM
Hrg. on general counsel for alleged Debtor's motion filed 9/27/17 for Attorneys' Fees, Cost and Damages Pursuant to 11 U.S.C. 303(i)
(Cont. from 2/20/18) EH
Docket 111
Tentative for 6/19/18:
The Court has received and reviewed the status reports and related documents filed by the parties [Dks. 177-183]. This matter is CONTINUED to December 5, 2018. If the state court matter concludes prior to the continued hearing date, the parties may request an earlier hearing date. A single, joint status report is due 14 days prior to the continued hearing date. The parties are to cooperate in the preparation of the joint status report.
Appearances are excused.
**************************************************************************** Tentative for 2/20/18:
This matter will be continued to a later date to allow for resolution of the pending state court action before this Court decides whether and in what amount to award fees, costs, and/or damages. The Court will enter an order providing a continued hearing date and additional instructions to the parties.
The hearing on this matter scheduled for 2/20/18 at 1:30 p.m. is VACATED.
Debtor(s):
Stanton Place 2014, LLC Represented By
1:30 PM
Robert M Yaspan
1:30 PM
Hrg on Debtor's Objection to Proof of Claim No 5 filed by Hope Garcia EH
Docket 71
- NONE LISTED -
Debtor(s):
Mario Antonio Garcia Sr. Represented By Michael J Allison
Joint Debtor(s):
Veronica Bolanos Garcia Represented By Michael J Allison
1:30 PM
Hrg on U.S. Trustee's Motion To Dismiss Or Convert Chapter 11 Case EH
Docket 79
- NONE LISTED -
Debtor(s):
Mario Antonio Garcia Sr. Represented By Michael J Allison
Joint Debtor(s):
Veronica Bolanos Garcia Represented By Michael J Allison
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 1/4/18) FR: 2-22-18; 6-14-18
Docket 0
Debtor(s):
Fuzion Meet Eat Play, LLC Represented By Jeffrey B Smith
11:00 AM
Adv#: 8:18-01064 Luminance Health Group, Inc. v. Castanon
STAUS CONFERENCE Hearing RE: Complaint For Declaraory Relief Regarding Property Of The Estate Pursuant To 11 U.S.C. Section 541 (Complaint filed 4/3/18)
Docket 1
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Defendant(s):
Michael Castanon Pro Se
Plaintiff(s):
Luminance Health Group, Inc. Represented By Faye C Rasch
1:30 PM
Hrg. on Post Confirmation Status Conference (Cont. from 6/12/18)
EH
Docket 0
Debtor(s):
Salvador Rivera Represented By Andrew H Griffin III
Joint Debtor(s):
Teresa Rivera Represented By Andrew H Griffin III
11:00 AM
CONT'D POST-CONFIRMATION STATUS CONFERENCE Hearing RE: (1)
Case Management Conference And (2) Requiring Status Report (Petition filed 2/2/16)
(Post-Confirmation S/C set Per Order Entered on 7/24/17)
FR: 3-31-16; 6-30-16; 9-29-16; 10-20-16; 11-3-16; 12-15-16; 3-16-17; 6-8-17; 6-
19-17; 7-24-17; 1-11-18; 6-14-18
Docket 0
Debtor(s):
California Hispanic Commission on Represented By
Michael R Totaro Linda F Cantor ESQ Victoria Newmark Nancy S Goldenberg
10:00 AM
McCarthy & Holthus - movant attorney Motion for relief from stay
Nationstar Mortgage LLC vs DEBTOR (Motion filed 6/11/18)
RE: 5708 Winchester Court, Rancho Cucamonga, CA 91701 EH
Docket 36
- NONE LISTED -
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Aurea F Rojas Pro Se
Movant(s):
Nationstar Mortgage LLC as Represented By Nancy L Lee
10:00 AM
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for relief from stay
Cab West, LLC vs DEBTORS (Motion filed 5/31/18)
RE: 2015 Ford Edge, VIN 2FMTK3J99FBB45854
EH
Docket 27
- NONE LISTED -
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Christopher Farris Represented By Christopher Hewitt
Joint Debtor(s):
Samantha Farris Represented By Christopher Hewitt
10:00 AM
Movant(s):
Cab West, LLC Represented By Sheryl K Ith
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for relief from stay
Cab West, LLC vs DEBTORS (Motion filed 5/31/18)
RE: 2016 Ford Fusion, VIN 3FA6P0H91GR259640
EH
Docket 28
- NONE LISTED -
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Christopher Farris Represented By Christopher Hewitt
Joint Debtor(s):
Samantha Farris Represented By Christopher Hewitt
10:00 AM
Movant(s):
Cab West, LLC Represented By Sheryl K Ith
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
Malcolm Cisneros a Law Corporation - movant attorney Motion for relief from stay
AmeriHome Mortgage Company LLC vs DEBTORS (Motion filed 6/4/18)
RE: 19912 Cuyama Lane, Riverside, CA 92508 EH
Docket 32
- NONE LISTED -
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Timothy J. Gordon Represented By Keith Q Nguyen
Joint Debtor(s):
April L. Gordon Represented By
10:00 AM
Movant(s):
Keith Q Nguyen
AmeriHome Mortgage Company, Represented By
Christina J O
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
Vanlochem & Associates LLP - movant attorney Motion for relief from stay
Nissan Motor Acceptance Corporation vs DEBTORS (Motion filed 6/13/18)
RE: 2013 NISSAN PATHFINDER, VIN 5N1AR2MN8DC656779
EH
Docket 34
- NONE LISTED -
Tentative for 7/10/18 is to DENY.
Movant's declaration indicates that there is an equity of $1,811.89 which translates to a cushion of 20.8% (Decl. of John Pierson, ¶11.a). The Ninth Circuit has held that a 20% equity cushion adequately protects a creditor’s security interest. In re Mellor, 734 F.2d 1396, 1401 (9th Cir. 1984).
Appearances required.
Debtor(s):
Matthew Peter Hansen Represented By Edward G Topolski
Joint Debtor(s):
Jessica Ellen Hansen Represented By Edward G Topolski
10:00 AM
Movant(s):
NISSAN MOTOR ACCEPTANCE Represented By
Michael D Vanlochem
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
Wright, Finlay & Zak, LLP - movant attorney Motion for Relief from Stay
Silver State Schools Credit Union vs. DEBTORS (Motion filed 5/25/18)
Re: 2013 HYUNDAI SONATA
EH
(Tele. appr Nichole Glowin, rep. creditor, Silver State Schools Credit Union)
Docket 65
NONE LISTED -
NONE LISTED -
Debtor(s):
Francis A Pignone Represented By
David A Akintimoye
Joint Debtor(s):
Maria Haydee Pignone Represented By
David A Akintimoye
Movant(s):
Silver State Schools Credit Union Represented By
Nichole Glowin
10:00 AM
Trustee(s):
Steven M Speier (TR) Represented By Robert P Goe
10:00 AM
Aldridge Pite, LLP - movant attorney Motion for Relief from Stay
Deutsche Bank National Trust Company vs. DEBTOR (Motion filed 6/12/18)
Re: 10345 Lupine Court, Rancho Cucamonga, California 91737 EH
(Tele. appr Alexander Lee, rep. movant, Deutsche Bank National Trust)
Docket 16
NONE LISTED -
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Ahmed Mohamed Elbaga Represented By John J Lebron
10:00 AM
Movant(s):
Deutsche Bank National Trust Represented By Kelsey X Luu
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
L/O of Bret Allen - movant attorney Motion for relief from stay
BMW Bank of North America vs DEBTORS (Motion filed 6/15/18)
RE: 2009 NISSAN ALTIMA-4 CYL. Sedan 4D S
EH
Docket 10
NONE LISTED -
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Joris Mawuena Ahouansou Represented By Neil R Hedtke
Joint Debtor(s):
Michelle Antoinette Kinsey Represented By
10:00 AM
Movant(s):
Neil R Hedtke
BMW Bank of North America Represented By Bret D. Allen
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for relief from Stay
AmeriCredit Financial Services, Inc. vs DEBTOR (Motion filed 6/4/18)
RE: 2017 Chevrolet Impala, VIN 2G1145S36H9182407 EH
(Tele. appr. John Kim, rep. creditor, GM Financial)
Docket 9
NONE LISTED -
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Gregory Granthem Cook Represented By Julie J Villalobos
10:00 AM
Movant(s):
Americredit Financial Services, Inc., Represented By
Sheryl K Ith
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
L/O Austin P. Nagel - movant attorney Motion for relief from stay
Hyundai Motor Finance vs DEBTOR (Motion filed 5/29/18)
RE: 2017 Hyundai Elantra VIN # 5NPD84LF3HH135070
(Tele. appr Austin Nagel, rep. creditor, Hyundai)
Docket 9
NONE LISTED -
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Gina Munteanu Represented By Todd L Turoci
Movant(s):
Hyundai Motor Finance Represented By
10:00 AM
Trustee(s):
Austin P Nagel
Larry D Simons (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for relief from stay
Wells Fargo Bank NA vs DEBTORS (Motion filed 6/7/18)
RE: 2015 Chevrolet Camaro, VIN 2G1FB1E36F9309475 EH
(Tele. appr John Kim, rep. creditor Wells Fargo)
Docket 10
NONE LISTED -
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Alberto Torres Represented By Brian J Soo-Hoo
10:00 AM
Joint Debtor(s):
Maria Carmen Torres Represented By Brian J Soo-Hoo
Movant(s):
Wells Fargo Bank, N.A. dba Wells Represented By
Sheryl K Ith
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
Law Offices of Austin P. Nagel - movant attorney Motion for relief from stay
Toyota Motor Credit Corporation vs DEBTOR (Motion filed 6/11/18)
RE: 2014 Lexus GS350 VIN # JTHBE1BLXE5035077
EH
(Tele. appr Austin Nagel, rep. creditor, Toyota)
Docket 7
NONE LISTED -
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Jimmy Alexander Penate Represented By Daniel F Jimenez
10:00 AM
Movant(s):
Toyota Motor Credit Corporation Represented By
Austin P Nagel
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Prober & Raphael - movant attorney Motion for relief from stay
Consumers Credit Union vs DEBTORS (Motion filed 6/15/18)
RE: 2013 Ford Econoline E250, VIN 1FTNE2EW4DDAO4535
EH
Docket 11
NONE LISTED -
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Martin Lipson Represented By William J Howell
Joint Debtor(s):
Marilyn C Lipson Represented By
10:00 AM
Movant(s):
William J Howell
Consumers Credit Union Represented By Asya Landa
Trustee(s):
Steven M Speier (TR) Pro Se
11:00 AM
Hrg. on trustee's final report; applications for compensation EH
Docket 0
NONE LISTED -
Tentative for 7/10/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Play Smart Surfacing, Inc. Represented By Thomas F Nowland
Trustee(s):
Arturo Cisneros (TR) Pro Se
11:00 AM
Hrg. on trustee's final report and applications for compensation EH
Docket 105
NONE LISTED -
Tentative for 7/10/18 is to APPROVE as requested, except as noted below:
The request for fees by Trustee's counsel shall be reduced by $2,000.00, which is the amount stipulated to with the United States Trustee and by and additional $210.00, representing the time incurred related to preparation of its employment application. The "preparation of an application for employment of a professional is a duty generally performed by a trustee without the assistance of an attorney". See In re Garcia, 335 B.R. 717, 725 (9th Cir.
B.A.P. 2005) (where BAP affirmed the denial of fees related to trustee's counsel's employment application in Chapter 7 case, where counsel was retained to negotiate an equity buy back and sell property of the estate). The Firm has not demonstrated that its employment application was not routine, which remains a trustee duty. Id.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
11:00 AM
Debtor(s):
Owen C. Trent Jr. Represented By Daniel C Sever
Joint Debtor(s):
Pamela S. Trent Represented By Daniel C Sever
Trustee(s):
John P Pringle (TR) Represented By
O'Connor & Mikhov LLP Toan B Chung
11:00 AM
Hrg. on approval of chapter 7 trustee's final report; applications for compensation
(Cont. from 5/15/18) EH
Docket 0
NONE LISTED -
Tentative for 7/10/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Synergy Group HCM, Inc. Represented By
James D. Hornbuckle
Trustee(s):
Charles W Daff (TR) Represented By Thomas H Casey
11:00 AM
Hrg on Chapter 7 Trustee's Motion to Substantively Consolidate Moises & Martha Alvarez, Floortastic Incorporated and Inland Empire Flooring into the bankruptcy estate of Professional Flooring Installation, Inc
EH
Docket 34
NONE LISTED -
NONE LISTED -
Debtor(s):
Professional Flooring Installation Represented By
Todd L Turoci
Trustee(s):
Todd A. Frealy (TR) Represented By Leonard M Shulman Brandon J Iskander
11:00 AM
Hrg on Debtors' Motion to Redeem Property of the Estate EH
Docket 71
NONE LISTED -
NONE LISTED -
Debtor(s):
Francis A Pignone Represented By
David A Akintimoye
Joint Debtor(s):
Maria Haydee Pignone Represented By
David A Akintimoye
Trustee(s):
Steven M Speier (TR) Represented By Robert P Goe
11:00 AM
Hrg on Trustee's Motion Objecting To Debtors Claims Of Exemption In Silver State Schools Credit Union Account Pursuant To CCP § 703.140(b)(5)
Docket 68
NONE LISTED -
Tentative for 7/10/18 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Francis A Pignone Represented By
David A Akintimoye
Joint Debtor(s):
Maria Haydee Pignone Represented By
David A Akintimoye
Trustee(s):
Steven M Speier (TR) Represented By Robert P Goe
11:00 AM
Hrg. on Debtor's motion filed 6/14/18 to dismiss main bankruptcy case EH
Docket 22
NONE LISTED -
Tentative Ruling for 7/10/18 is to DENY Debtor’s Petition for Voluntary Dismissal filed on 6/14/2018 [Dk. 22].
An order granting Debtor's discharge was entered on 7/02/2018 [Dk. 24]. Only the Chapter 7 Trustee, U.S. Trustee, or a creditor may file a motion to dismiss a voluntary bankruptcy case after discharge has been granted; a debtor does not have standing to dismiss a case after receiving a discharge. See 11
U.S.C. § 727(d); Markovich v. Samson (In re Markovich), 207 B.R. 909, 912 (9th Cir. B.A.P. 1997). Thus, Debtor now lacks standing to have her main bankruptcy case dismissed.
Debtor is required to appear in person in either Santa Ana or Riverside on
July 10, 2018 at 11:00 a.m.
Debtor(s):
Yoana Evgenieva Ayanova-Kiprilov Pro Se
Trustee(s):
Steven M Speier (TR) Pro Se
11:00 AM
Hrg. on Order Show Cause why case should not be dismissed for failure to pay second fee installment of $100 that was due on 6/15/18
EH
Docket 0
NONE LISTED -
NONE LISTED -
Debtor(s):
Brandon Christopher Beaulieu Pro Se
Trustee(s):
Steven M Speier (TR) Pro Se
1:30 PM
Askounis & Darcy, PC - movant attorney Motion for Relief from Stay
Firestone Financial, LLC vs. DEBTOR (Motion filed 5/30/18)
Re: 40625 Big Bear Blvd., Big Bear Lake, CA 92315
Docket 35
NONE LISTED -
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Big Bear Bowling Barn, Inc. Represented By Julie J Villalobos
10:00 AM
Hrg. on approval of Reaffirmation Agreement Between Debtor and Ally Financial, in the amount of $11,419.80
Docket 21
NONE LISTED -
Debtor(s):
Isabel Connie Magdaleno Pro Se
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
Hrg on approval of Reaffirmation Agreement Between Debtor and Nissan Motor Acceptance Corporation in the amount of $25,947.27
RE: 2014 Nissan Maxima - VIN 1N4AA5AP8EC906970
Docket 14
NONE LISTED -
Debtor(s):
Cecilia Rodriguez Pro Se
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
Hrg on approval of Reaffirmation Agreement Between Debtor and Kia Motors Finance in the amount of $18,206.59
RE: 2016 KIA Soul - VIN KNDJN2A25G7374364
Docket 10
NONE LISTED -
Debtor(s):
Irma Denise Andrade Franco Pro Se
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement Between Debtor and Reliant Financial Corp. in the amount of $5,286.04
Docket 15
NONE LISTED -
Debtor(s):
Veronica A Lohse Represented By Patricia M Ashcraft
Joint Debtor(s):
Michael L. Lohse Represented By Patricia M Ashcraft
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
Hrg on approval of Reaffirmation Agreement filed 6/15/18 Between Debtor and CarMax Auto Finance, in the amount of $13,859.74
Re: 2012 Chevrolet Silverado 1500
Docket 11
NONE LISTED -
Debtor(s):
Gabriel Anthony Ortiz Represented By Michael E Clark
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
Hrg on approval of Reaffirmation Agreement filed 5/14/18 Between Debtor and LBS Financial Credit Union, in the amount of $40,367.21
Re: 2017 Jeep Wrangler
Docket 7
NONE LISTED -
Debtor(s):
Diana Carrway Pro Se
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement Between Debtor and Ally Bank, in the amount of $31,818.91
Re: 2017 Jeep Cherokee
Docket 10
NONE LISTED -
Debtor(s):
Diana Carrway Pro Se
Trustee(s):
Karl T Anderson (TR) Pro Se
1:30 PM
Adv#: 6:17-01217 Frazer v. Wood et al
STATUS CONFERENCE re: Complaint for 1) Fraud 2) Alter Ego 3) Fraudulent Transfer 4) Unfair Business Practices 5) Breach of Fiduciary Duties
(Cont. from 4/18/18) EH
Docket 1
NONE LISTED -
Debtor(s):
One Virtual Health, Inc. Represented By Paul Y Lee
Defendant(s):
Tracy Wood Pro Se
Melinda Ogg Pro Se
Joni Dimmit Pro Se
Bekka Davis Pro Se
Greg Sledziewski Pro Se
Plaintiff(s):
Helen R. Frazer Represented By John A Boyd
1:30 PM
Trustee(s):
Helen R. Frazer (TR) Represented By John A Boyd
1:30 PM
Adv#: 6:17-01217 Frazer v. Wood et al
Hrg. on Defendants' Motion filed 5/31/18 to Dismiss Second Amended Complaint for Failure to State a Claim Pursuant to Rule 12(b)
EH
Docket 45
NONE LISTED -
Debtor(s):
One Virtual Health, Inc. Represented By Paul Y Lee
Defendant(s):
Tracy Wood Represented By
Donald Reid Robert P Goe Thomas J Eastmond
Melinda Ogg Represented By
William M Burd
Joni Dimmit Represented By
William M Burd
Bekka Davis Represented By
Donald Reid Robert P Goe
Greg Sledziewski Represented By Donald Reid Robert P Goe
1:30 PM
BOBI, Inc. Represented By
Thomas J Eastmond
Plaintiff(s):
Helen R. Frazer Represented By John A Boyd
Trustee(s):
Helen R. Frazer (TR) Represented By John A Boyd
1:30 PM
Adv#: 6:17-01219 Frazer v. Wood et al
STATUS CONFERENCE re: Complaint for 1) Fraud 2) Alter Ego 3) Fraudulent Transfer 4) Unfair Business Practices 5) Breach of Fiduciary Duties
(Cont. from 4/18/18) EH
Docket 1
NONE LISTED -
Debtor(s):
HOW2CONNECT.COM, INC. Represented By Paul Y Lee
Defendant(s):
Tracy Wood Pro Se
Melinda Ogg Pro Se
Joni Dimmit Pro Se
Bekka Davis Pro Se
Greg Sledziewski Pro Se
Plaintiff(s):
Helen R. Frazer Represented By John A Boyd
Trustee(s):
Helen R. Frazer (TR) Represented By
1:30 PM
John A Boyd
1:30 PM
Adv#: 6:17-01219 Frazer v. Wood et al
Hrg. on Defendants' Motion filed 5/31/18 to Dismiss Second Amended Complaint for Failure to State a Claim Pursuant to Rule 12(b)
EH
Docket 46
NONE LISTED -
Debtor(s):
HOW2CONNECT.COM, INC. Represented By Paul Y Lee
Defendant(s):
Tracy Wood Represented By
Donald Reid Robert P Goe Thomas J Eastmond
Melinda Ogg Represented By
William M Burd
Joni Dimmit Represented By
William M Burd
Bekka Davis Represented By
Donald Reid Robert P Goe
Greg Sledziewski Represented By Donald Reid Robert P Goe
1:30 PM
BOBI, Inc. Represented By
Thomas J Eastmond
Plaintiff(s):
Helen R. Frazer Represented By John A Boyd
Trustee(s):
Helen R. Frazer (TR) Represented By John A Boyd
1:30 PM
Adv#: 6:18-01088 Frazer v. 395 Lampe, LLC
STATUS CONFERENCE re: Complaint by Helen R Frazer against 395 Lampe, LLC for: 1. Violation of the Automatic Stay [11 U.S.C. Section 362(A)(1), 362(A)
and 362(K)]; 2. Temporary Restraining Order and Preliminary Injunction; 3. Breach of Fiduciary Duty; and 4. Declaratory Relief
EH
Docket 1
Tentative for 7/11/18 is to set a CONTINUED status conference date of August 22, 2018 at 1:30 p.m.
Appearances required.
Debtor(s):
DESERT RANCH LLLP Represented By Jenny L Doling Summer M Shaw
Defendant(s):
395 Lampe, LLC Pro Se
Plaintiff(s):
Helen R Frazer Represented By Laurel R Zaeske
Trustee(s):
Helen R. Frazer (TR) Represented By Laurel R Zaeske
1:30 PM
Adv#: 6:18-01088 Frazer v. 395 Lampe, LLC
Hrg. on Defendant's motion filed 5/18/18 to Dismiss Adversary Case EH
Docket 22
Tentative for 7/11/18:
Tentative is to grant in part Defendant’s motion to dismiss with respect to Plaintiff’s first two claims for relief. The third and fourth claims of relief will be continued and converted to a motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure.
Plaintiff does not oppose Defendant’s motion regarding the first two claims of relief; therefore, the first two claims of relief are dismissed with prejudice.
The third and fourth claims of relief will be treated as a motion for summary judgment pursuant to Federal Rules of Civil Procedure 12(d). Fed. R. Civ. Pro. 12; see River City Mkts., Inc. v. Fleming Foods W., Inc., 960 F.2d 1458, 1462 (9th Cir. 1992). Defendant has introduced matters outside the pleadings, and the Court may not consider such matters in a motion to dismiss under Rule 12(b)(6).
Plaintiff’s opposition to the summary judgment must be filed no later than August 1, 2018. Defendant’s reply must be filed no later than August 8, 2018. The hearing is continued to August 22, 2018 at 1:30 p.m.
Appearances are required.
1:30 PM
Debtor(s):
DESERT RANCH LLLP Represented By Jenny L Doling Summer M Shaw
Defendant(s):
395 Lampe, LLC Represented By
Mark H Gunderson
Plaintiff(s):
Helen R Frazer Represented By Laurel R Zaeske
Trustee(s):
Helen R. Frazer (TR) Represented By Laurel R Zaeske
1:30 PM
Adv#: 6:17-01172 Braden v. Bone et al
STATUS CONFERENCE re: Complaint by Melody Orenda Braden against Harold Martin Bone , Cynthia Ann Bone - §§523(a)(4) and 523(a)(6)
(Cont. from 11/8/17) EH
Docket 1
Tentative for 7/11/18:
At the case status conference hearing on 11/08/2017 this Court issued sanctions against Mr. Doonan in the amount of $100 for failing to file a joint or unilateral status conference statement as required by LBR 7016-1. During the same hearing, the Court also warned Mr. Doonan that failure to file a status report 14 days before the continued status conference hearing on 7/11/2018 would result in sanctions of $1,000. [See Hearing Audio Recording, 1:58 p.m.] As of the posting of this tentative, no status report has been filed. Mr. Doonan should be prepared to discuss why the Court should not issue sanctions against Mr. Doonan in the amount of $1,000 for failure to timely file a status report in accordance with the local rules and as directly ordered by this Court.
Appearances required.
******************************************************************************* Tentative for 11/8/17:
Appearances required.
The Court notes that no status report was timely filed. The Parties should be prepared to discuss why sanctions should not be issued for failure to comply with LBR 7016-1.
1:30 PM
The Court further notes that it appears that this action closely relates to a case pending in the Superior Court for the County of Los Angeles ("State Court Action"). The Complaint represents that trial was held in the State Court Action from December 9-14, 2016, and a Statement of Decision was entered in favor of Plaintiff on April 4, 2017, but no judgment was entered before this bankruptcy proceeding was commenced on May 9, 2017. Plaintiff indicated in the Complaint that she intends to file a Motion for Relief from Stay, but no such Motion for Relief from Stay was filed, and the underlying bankruptcy case has been closed. Counsel should be prepared to provide the Court with an update regarding the status of the State Court Action.
Finally, the Parties should be prepared to discuss scheduling dates for this case.
Debtor(s):
HAROLD MARTIN BONE Represented By Mark D Edelbrock
Defendant(s):
Harold Martin Bone Pro Se
Cynthia Ann Bone Pro Se
Joint Debtor(s):
CYNTHIA ANN BONE Represented By Mark D Edelbrock
Plaintiff(s):
Melody Orenda Braden Represented By
D Scott Doonan
Trustee(s):
Larry D Simons (TR) Pro Se
1:30 PM
Adv#: 6:17-01183 Adair v. Vargas, Jr.
Hrg. on Plaintiff's Motion filed 5/2/18 for Default Judgment EH
Docket 34
Tentative for 7/11/18 is to CONTINUE this matter to August 15, 2018 at 1:30
p.m. for the following reasons.
Bankruptcy courts do not have to accept the allegations in the complaint as true, and are provided the discretion to require proof of the facts necessary to determine a valid claim for relief against the defaulting parties. In re Beltran, 182 B.R. 820, 823 (B.A.P. 9th Cir. 1995). Having reviewed the evidence and arguments presented, the Court has determined that Plaintiff has not provided sufficient evidence to support his claims under 11 U.S.C. §§ 523(a) (2)(A) and 523(a)(6). Plaintiff failed to attach to the adversary complaint or his motion for default judgment any evidence to substantiate the claims made in the complaint such (1) a copy of the state court judgment, (2) the state court complaint, (3) any pleadings in the state court complaint that address fraud or willful and malicious injury, or (4) any additional loan documents between Plaintiff and Debtor.
The Court will thus CONTINUE this matter to August 15, 2018 at 1:30 p.m. to allow Plaintiff to provide additional pleadings and evidence in support of his claims. Supplemental pleadings and evidence must be filed no later than August 1, 2018.
Appearances for the hearing on July 11, 2018 are excused.
Debtor(s):
Marco Antonio Vargas Jr. Represented By
1:30 PM
Mike Sethi
Defendant(s):
Marco Antonio Vargas Jr. Pro Se
Plaintiff(s):
Robert Adair Represented By
Tyler H Brown
Trustee(s):
Arturo Cisneros (TR) Pro Se
1:30 PM
Adv#: 6:17-01183 Adair v. Vargas, Jr.
STATUS CONFERENCE re: Complaint by Robert Adair, Marco Antonio Vargas Jr. against Marco Antonio Vargas Jr. -523(a)(2), 523(a)(6)
(Cont. from 5/16/18) EH
Docket 1
Tentative for 7/11/18:
This matter is CONTINUED to 8/15/18 at 1:30 p.m. to coincide with the continued hearing on Plaintiff's Motion for Default Judgment.
Appearances are excused.
*************************************************************************** Tentative for 5/16/18:
This matter is CONTINUED to 7/11/18 at 1:30 p.m. to coincide with the hearing on the motion for default judgment.
Appearances are excused.
**************************************************************************** Tentative for 2/07/18:
The Court has received and reviewed the status report filed on 1/31/17 [Dk. 26]. This matter is CONTINUED May 16, 2018 at 1:30 p.m. to allow Plaintiff to obtain entry of default and file a motion for default judgment. Any motion for default judgment must be supported by appropriate evidence.
1:30 PM
A status report is due 14 days in advance. Appearances are excused.
**************************************************************************** Tentative for 11/15/17:
The Court has not received a status report for this matter and is inclined to sanction counsel $150.00.
The Court is also inclined to CONTINUE this matter to February 7, 2018 at 1:30 p.m. A status report is due 14 days in advance. Plaintiff is to file the motion for default judgment by no later than January 10, 2018 and set it for hearing on February 7, 2018 at 1:30 p.m. The motion for default judgment must be supported by appropriate evidence.
The failure to meet these deadlines may result in the imposition of monetary or non-monetary sanctions.
Appearances are required.
Plaintiff is to lodge an order within seven (7) days.
Debtor(s):
Marco Antonio Vargas Jr. Represented By Mike Sethi
Defendant(s):
Marco Antonio Vargas Jr. Pro Se
Plaintiff(s):
Robert Adair Represented By
Tyler H Brown
Trustee(s):
Arturo Cisneros (TR) Pro Se
1:30 PM
1:30 PM
Adv#: 6:17-01232 Cheeks v. Wells Fargo Bank NA
Hrg. on STATUS CONFERENCE re: Complaint by Marcus Cheeks against Wells Fargo Bank NA . (Fee Not Required). Nature of Suit: (11 (Recovery of money/property - 542 turnover of property)) ,(14 (Recovery of money/property - other)) ,(51 (Revocation of confirmation)) ,(62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud))
(Cont. from 4/3/18) EH
(Date and time approved by Chambers)
Docket 1
- NONE LISTED -
Debtor(s):
Marcus Cheeks Pro Se
Defendant(s):
Wells Fargo Bank NA Pro Se
Plaintiff(s):
Marcus Cheeks Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
1:30 PM
Adv#: 6:18-01016 Tyra v. Mendonca
Hrg. on STATUS CONFERENCE re: Complaint by Roy Tyra against Michael David Mendonca - 523(a)(2)
(Cont. from 6/20/18) EH
Docket 1
Tentative for 7/11/18 is to CONTINUE to 10/17/18 at 1:30 p.m. A status report is due 14 days in advance.
Plaintiff is to file his motion for default judgment by no later than August 15, 2018 and may either set it for hearing or proceeding without a hearing, pursuant to the local rules.
Appearances are excused for the 7/11/18 hearing.
Debtor(s):
Michael David Mendonca Represented By Gary H Blaylock
Defendant(s):
Michael David Mendonca Pro Se
Plaintiff(s):
Roy Tyra Represented By
Robert W Morris
1:30 PM
Trustee(s):
Charles W Daff (TR) Pro Se
1:30 PM
Adv#: 6:18-01092 Pringle v. Facility Services of America, Inc.
STATUS CONFEENCE re: Complaint by John P. Pringle against Facility Services of America, Inc. (11 (Recovery of money/property - 542 turnover of property))
EH
Docket 1
Tentative for 7/11/18 is to CONTINUE this matter to October 17, 2018 at 10:00 a.m. A status report is due 14 days in advance.
Appearances for the hearing on July 11, 2018 are excused.
Debtor(s):
Southern Pacific Janitorial Group, Represented By
Michael Jay Berger
Defendant(s):
Facility Services of America, Inc. Pro Se
Plaintiff(s):
John P. Pringle Represented By
Michelle A Marchisotto
Trustee(s):
John P Pringle (TR) Represented By
Michelle A Marchisotto
1:30 PM
Adv#: 6:18-01092 Pringle v. Facility Services of America, Inc. et al
Hrg on Plaintiff's Motion for Default Judgment Against Defendant Facility Services of America, Inc.
EH
Docket 10
Tentative for 7/11/18 is to DENY.
Plaintiff has requested turnover of property pursuant to 11 U.S.C. § 542(a). § 542(a) is not applicable in this case because the property in dispute is not "in possession, custody, or control" of the Estate. See 11 U.S.C. § 542(a).
Plaintiff’s request for turnover of property should be brought pursuant to 11
U.S.C. § 542(b). § 542(b) requires all entities that owe a debt to the debtor, as of the date of the petition that is "mature, payable on demand, or payable on order" to turn over or pay that debt to the trustee or debtor-in-possession. See 11 U.S.C. § 542(b). § 542 includes debt owed for accounts receivables.
The Court will enter an order consistent with the foregoing. The hearing is VACATED.
Debtor(s):
Southern Pacific Janitorial Group, Represented By
Michael Jay Berger
Defendant(s):
Facility Services of America, Inc. Pro Se
1:30 PM
Corporate Creations Network, Inc. Pro Se Corporate Creations Network, Inc. Pro Se
Plaintiff(s):
John P. Pringle Represented By
Michelle A Marchisotto Toan B Chung
Trustee(s):
John P Pringle (TR) Represented By
Michelle A Marchisotto
1:30 PM
Adv#: 6:18-01079 Ayanova-Kiprilov v. Zahn et al
Hrg. on Plaintiff's motion filed 6/14/18 to dismiss adversary complaint EH
Docket 32
Tentative for 7/11/18:
Tentative ruling is to DENY Debtor’s Petition for Voluntary Dismissal of Adversary Proceeding filed on 6/14/2018 [Dk. 32]. Debtor’s Motion is denied because the adversary proceeding was dismissed on June 5, 2018 [Dk. 30], and Debtor has not shown that she is entitled to relief according to Rule 60 of the Federal Rules of Civil Procedure, applicable to bankruptcy via Rule 9024 of the Federal Rules of Bankruptcy Procedure. For the above reasons, this Court denies Debtor’s motion.
Appearances are excused.
Debtor(s):
Yoana Evgenieva Ayanova-Kiprilov Pro Se
Defendant(s):
Paul Zahn Represented By
Vincent S Green
Jeffrey Hoffer Pro Se
Plaintiff(s):
Yoana Ayanova-Kiprilov Pro Se
1:30 PM
Trustee(s):
Steven M Speier (TR) Pro Se
11:00 AM
Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses
(Final Report filed 5/24/18)
[RE: WENETA M.A. KOSMALA - Chapter 7 Trustee] [Fees: $17,031.18; Expenses: $76.36]
[RE: SHULMAN HODGES & BASTIAN LLP - Attorney for Chapter 7 Trustee]
[Fees: $10,530.00; Expenses: $558.37]
[Tele. appr., Rika M. Kido, repr., Weneta Kosmala]
Docket 75
Tentative for 7/11/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Christopher Maldonado Represented By Rajiv Jain
Joint Debtor(s):
Ria Ann Maldonado Represented By Rajiv Jain
11:00 AM
Trustee(s):
Weneta M Kosmala (TR) Represented By Lynda T Bui Rika Kido
11:00 AM
CONT'D Hearing RE: Second Motion To Compel: (1.) Turnover Of Property Of The Estate; And (2.) To Account For Property Of The Estate
(Motion filed 4/25/18)
(Continued per hearing held on 5-30-18) FR: 5-16-18; 6-11-18
Docket 61
Tentative for 7/11/18:
An order was entered 6/13/18 [Dk. 79] requiring turnover of property of the Estate and certain accountings ("Turnover Order"). On 6/13/18, Debtor filed a document titled "Business Sales Accounting" [Dk. 80]. As of the posting of this tentative, nothing further has been filed regarding whether Debtor has complied with the Turnover Order.
Appearances required.
****************************************************************************** Tentative for 6/11/18:
This matter has been CONTINUED to 7/11/18 at 11:00 a.m. The hearing is VACATED.
*************************************************************************** Tentative for 5/16/18:
This is the second motion for turnover filed by the Trustee. While the Court granted the first motion by an order entered 9/6/17 [Dk. 39], at the underlying hearing, the Court also acknowledged Debtors' representations, under oath, that they had no pre-petition inventory. The Court noted that there may be no inventory to turnover pursuant to the forthcoming order. In their Opposition to
11:00 AM
this motion filed 5/4/18 [Dk. 66], Debtors reiterate their position and assert that Trustee has not and cannot establish that their post-petition sales of watches, etc., constitute sales of property of the estate.
Trustee's counsel should be prepared to walk the Court through the available evidence that the post-petition sales asserted in the Motion were sales of property of the estate.
Appearances required.
Debtor(s):
Bradley B Mugar Represented By Parisa Fishback David Brian Lally
Joint Debtor(s):
Susan E Mugar Represented By Parisa Fishback David Brian Lally
Movant(s):
Richard A Marshack (TR) Represented By Michael G Spector
Trustee(s):
Richard A Marshack (TR) Represented By Michael G Spector
11:00 AM
Adv#: 8:17-01108 Marshack v. Mugar et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt And/Or To Deny A Discharge
(Complaint filed 6/26/17) (PTC set at S/C held 9/13/17)
(S/C set per Order Entered 5-25-18) FR: 9-13-17
FR: 5-30-18
Docket 1
Tentative for 7/11/18:
On 6/5/18, the Court entered an order, inter alia, setting this status conference and requiring a status report to be filed 14 days in advance. As of the posting of this tentative, no status report has been filed. The Court notes that Mr. Spector filed a Declaration in support of a Unilateral Stats Report on 7/5/18 [Dk. 51], but no Unilateral Status Report was filed. Attaching the proposed joint status report that was sent to Defendant's counsel does not comply with LBR 7016-1(a)(3).
Appearances required.
Debtor(s):
Bradley B Mugar Represented By Parisa Fishback John Edwards
Defendant(s):
Bradley B Mugar Represented By
11:00 AM
John Edwards
Sandra Mugar Represented By John Edwards
Joint Debtor(s):
Susan E Mugar Represented By Parisa Fishback John Edwards
Plaintiff(s):
Richard A. Marshack Pro Se
Trustee(s):
Richard A Marshack (TR) Represented By Michael G Spector
11:00 AM
Adv#: 8:17-01108 Marshack v. Mugar et al
Hearing RE: Emergency Motion To Withdraw As Defendants' Attorney Of Record In This Adversary Proceeding
(Motion filed 5/24/18) (Set per Order Entered 5/24/18)
Docket 37
- NONE LISTED -
Debtor(s):
Bradley B Mugar Represented By Parisa Fishback John Edwards
Defendant(s):
Bradley B Mugar Represented By John Edwards
Sandra Mugar Represented By John Edwards
Joint Debtor(s):
Susan E Mugar Represented By Parisa Fishback John Edwards
Movant(s):
David Lally Represented By
David Brian Lally
11:00 AM
Plaintiff(s):
Richard A. Marshack Pro Se
Trustee(s):
Richard A Marshack (TR) Represented By Michael G Spector
11:00 AM
Adv#: 8:18-01043 Marshack v. Mugar et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Revoke Debtors' Discharge:
For Failure To Comply With Court Order (11 U.S.C. Section 727(d)(3) And (a)(6);
For Fraud - (11 U.S.C. Section 727(d)(1); And
Relief From Order Authorizing Dismissal Of Complaint Objecting To Discharge (Federal Rule Of Bankruptcy Procedure 9024)
(Complaint filed 2/21/18) FR: 5-30-18
Docket 1
- NONE LISTED -
Debtor(s):
Bradley B Mugar Represented By Parisa Fishback John Edwards
Defendant(s):
Bradley Mugar Represented By David Brian Lally
Sandra Mugar Represented By David Brian Lally
Joint Debtor(s):
Susan E Mugar Represented By
11:00 AM
Parisa Fishback John Edwards
Plaintiff(s):
Richard A Marshack Represented By Michael G Spector
Trustee(s):
Richard A Marshack (TR) Represented By Michael G Spector
11:00 AM
Adv#: 8:17-01151 Sorensen v. Bozych
CONT'D STATUS CONFERENCE Hearing RE: First Amended Complaint To:
Object To Discharge Pursuant To 11 U.S.C. Section 727(a)(4);
Determine Dischargeability Of Debt Pursuant To 11 U.S.C. Section 523(a) (2)
(Complaint filed 9/20/17)
(First Amended Complaint filed 2/12/18) FR: 12-20-17; 1-24-18; 4-18-18
Docket 1
- NONE LISTED -
Debtor(s):
Damien Rae Bozych Represented By Richard G Heston
Defendant(s):
Damien Rae Bozych Represented By Richard G Heston Benjamin R Heston
Plaintiff(s):
Kerry L Sorensen Pro Se
Trustee(s):
Richard A Marshack (TR) Pro Se
11:00 AM
Hearing RE: Motion For Order Extending Deadline For Filing An Adversary Complaint Pursuant To 11 U.S.C. Section 727, And F.R.B.P. Rule 4004(b)(2)
For The Office Of The United States Trustee And Chapter 7 Trustee (Motion filed 5/29/18)
Docket 11
Tentative for 7/11/18 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Darrin Bradford Greene Represented By Michael N Nicastro
Movant(s):
United States Trustee (SA) Represented By Frank Cadigan
Trustee(s):
Richard A Marshack (TR) Pro Se
11:00 AM
CONT'D Hearing RE: Chapter 7 Trustee's Emergency Motion For Order To Compel Comerica Bank To Turnover Funds On Hand, To Maintain Existing Bank, And Request For Payment Of Legal Fees
(Motion filed 6/6/18) FR: 6-11-18
Docket 190
- NONE LISTED -
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays David Wood Kyra E Andrassy
11:00 AM
Adv#: 8:18-01064 Luminance Health Group, Inc. v. Castanon
CONT'D STAUS CONFERENCE Hearing RE: Complaint For Declaraory Relief Regarding Property Of The Estate Pursuant To 11 U.S.C. Section 541 (Complaint filed 4/3/18)
FR: 6-21-18
Docket 1
- NONE LISTED -
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Defendant(s):
Michael Castanon Pro Se
Plaintiff(s):
Luminance Health Group, Inc. Represented By Faye C Rasch
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays David Wood Kyra E Andrassy
11:00 AM
Hearing RE: Trustee's Motion For Orders Approving: (1) Sale Of Real Property Free And Clear Of Liens; (2) Agreement With Debtor For Release And Reduction Of Homestead Exemption; (3) Overbid Procedure
(Motion filed 6/18/18)
[Tele. appr., Theron S. Covey, III, repr., The Bank Of New York Mellon]
Docket 18
Tentative for 7/11/18 is to CONTINUE this matter to 8/1/18 at 11:00 a.m. to allow Trustee to address and correct the following defects:
The Notice of Hearing filed 6/18/18 [Dk. 19] does not comply with LBR 6004-1 (c)(3); and
The Notice of Sale of Estate Property filed 6/19/18 [Dk. 22] lists the proposed sale price as $619,000-629,000, and the minimum overbid is
$926,000, without disclosing the additional consideration identified in the Motion or otherwise explaining the disparity between the proposed sale price and minimum overbid.
Trustee is to serve appropriate notices correcting the above defaults no later than 7/11/18.
Appearances excused.
Debtor(s):
Nitikorn Thipavong Represented By
Catherine Christiansen
Trustee(s):
Richard A Marshack (TR) Represented By Donald W Sieveke
11:00 AM
10:00 AM
Motion for relief from stay [Real Property]
Susan Elizabeth West, Trustee Of The Susan Elizabeth West Trust Dated August 22, 1995 vs. DEBTOR
(Motion filed 6/7/18)
[RE: 23282 Olive Avenue, Lake Forest, CA 92630]
Docket 60
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Richard A. Farino Represented By Joseph A Weber
Trustee(s):
Richard A Marshack (TR) Represented By Donald W Sieveke
10:00 AM
CONT'D Motion for relief from stay [Unlawful Detainer]
Huong Pham vs. DEBTOR (Motion filed 4/16/18)
[RE: 2302 S. Greenville, Santa Ana, CA 92704]
FR: 5-31-18
Docket 11
Tenative for 7/12/18 is to GRANT pursuant to 11 U.S.C. §362(d)(2).
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
**************************************************************************** Tentative for 5/31/18 is to DENY:
Improper service. Debtor not served as required by LBR 4001-1(c)(1) (A).
The prayer for relief on pg. 5 does not check any boxes for relief at paragraph 1.
Appearances required.
10:00 AM
Debtor(s):
Rina Violeta Cubias Represented By Randy Alexander
Trustee(s):
Thomas H Casey (TR) Pro Se
10:00 AM
Motion for relief from stay [Personal Property]
JPMorgan Chase Bank, N.A. vs. DEBTORS (Motion filed 5/31/18)
[RE: 2017 Dodge Journey - VIN No.: 3C4PDCABXHT701664]
Docket 12
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Juan Jose Espinoza Novoa Represented By Kevin J Kunde
Joint Debtor(s):
Stacy Padilla Represented By
Kevin J Kunde
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
Motion for relief from stay [Action In Non-Bankruptcy Forum]
Ronald Joseph Burrows, et al. vs. DEBTOR (Motion filed 5/23/18)
[RE: Case Name: Burrows v. Liu Jiadai, And Does 1 - 100] [Case No.: 30-2017-00939547-CU-P--CJC]
[Pending In: Superior Court, State of California, Orange County]
Docket 155
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays David Wood Kyra E Andrassy
10:00 AM
Motion for relief from stay [Real Property]
The Bank Of New York Mellon Trust Company, National Association fka The Bank Of New York Trust Company, N.A. As Successor To JPMorgan Chase Bank N.A., As Trustee For Residential Asset Mortgage Products, Inc., GMACM Mortgage Loan Trust 2006-AR2 vs. DEBTOR
(Motion filed 6/5/18)
[RE: 3328 East Copper Kettle Way, Orange, California 92867]
Docket 16
Tentative for 7/12/18:
At the hearing on 7/11/18, the Court granted the Trustee's Motion to Sell Property of the Estate filed on 6/18/18 [Dk. 18], approving the sale of the real property located at 3328 E. Copper Kettle Way, Orange, CA ("Property"), which is the subject of this Motion for Relief from Stay. At the hearing, Counsel for the Trustee represented that he anticipates a short escrow and sale of the Property, from which Movant's lien will be paid in full.
In light of the foregoing, this matter is CONTINUED to August 15, 2018, at 11:00 a.m. The Chapter 7 Trustee is to file a status report on the status of the sale of the Property and payment to Movant no later than August 8, 2018.
Appearances are excused.
Debtor(s):
Nitikorn Thipavong Represented By
Catherine Christiansen
10:00 AM
Trustee(s):
Richard A Marshack (TR) Pro Se
11:00 AM
Hearing RE: Liquidating Trustee's Objection To Claim Transfers Filed By Pioneer Funding Group
(Motion filed 5/25/18) [Docket Nos. 474 - 481]
Docket No. 474 | Sheila and David Cohen | $82,204.38 |
Docket No. 475 | Sheila and David Cohen | $82,204.38 |
Docket No. 476 | Orange County Department of Education Facilities Corporation | $65,856.00 |
Docket No. 477 | Orange County Department of Education Facilities Corporation | $65,856.00 |
Docket No. 478 | RCS S.p.A | $75,000.00 |
Docket No. 479 | RCS S.p.A | $75,000.00 |
Docket No. 480 | Calysto Communications, Inc. | $11,079.29 |
Docket No. 481 | Calysto Communications, Inc. | $11,079.29 |
Docket 492
Tentative for 7/12/18 is to DENY:
The Court has reviewed all of the pleadings in this matter as well as the statutes, federal rules, and cited case law. Pioneer's Response captures all of the bases for this Court to deny the motion to clarify and objections to claim transfers. The Liquidating Trustee has no standing to bring this motion or the
11:00 AM
objections, the terms of the Confirmed Plan do not restrict purchases of claims, and the applicable statutes and local rules provide no basis for the Liquidating Trustee's motion to "clarify terms" or object to claim transfers in this particular instance.
The Court reads into the motion and objections a desire for the original claim holders to seek rescission of the claims purchase agreements. That activity requires either a state action or federal adversary proceeding, which are not before this Court.
The motion to clarify terms of the Confirmed Plan and objections to claim transfers are DENIED.
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
11:00 AM
Hearing RE: Liquidating Trustee's Objection To Claim Transfers Filed By Pioneer Funding Group On June 8, 2018
(Motion filed 6/21/18)
Claim No. 113 | Pioneer Funding Group | $32,804.35 - (Docket No. [496]) |
Claim No. 113 | Pioneer Funding Group | $32,804.35 - (Docket No. [497]) |
Docket 502
Please see tentative for matter #6 on today's calendar.
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
11:00 AM
Hearing RE: Liquidating Trustee's Motion To Clarify Terms Of Debtor's First Amended Plan of Liquidation Dated August 3, 2015
(Motion filed 6/21/18)
Docket 500
Please see tentative for matter #6 on today's calendar.
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
11:00 AM
Hearing RE: Beitler Creditors' Motion To Convert Case To Chapter 7 (Motion filed 5/30/18)
Docket 456
- NONE LISTED -
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman William N Lobel Babak Samini
11:00 AM
Hearing RE: Debtors' Motion For Order Approving Short Payoff Settlement Agreement Pursuant To Federal Rule Of Bankruptcy Procedure 9019 (Motion filed 5/21/18)
(Set per Notice of Hearing filed 6/12/18)
Docket 480
Tentative for 7/12/18 is to GRANT.
Movant has demonstrated to the satisfaction of the Court that the settlement is in the best interest of the Estate. The Objection is overruled.
Appearances required.
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok
Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner
11:00 AM
Hearing RE: First Amended Disclosure Statement Describing First Amended Chapter 11 Plan Of Liquidation
(D.S. filed 5/31/18)
(First Amended D.S. filed 7/6/18)
Docket 491
Tentative for 7/12/18 is to APPROVE the Amended Disclosure Statement.
Counsel should appear and be prepared to discuss proposed confirmation related dates and deadlines.
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok
Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 5/18/17)
(Amended S/C Order Entered 6-9-17) FR: 7-13-17; 10-19-17; 1-25-18; 5-31-18
Docket 1
Tentative for 7/12/18:
The Court has received and reviewed the status conference reports filed by the Debtors on 6/28/18 [Dk. 524] and Unsecured Creditors' Committee on 7/5/18 [Dk. 527]. The Court would like to hear the Debtors' response to the concerns raised by the Unsecured Creditors' Committee and is inclined to set a continued status conference on November 29, 2018 at 11:00 a.m.
Appearances required.
**************************************************************************** Tentative for 5/31/18:
The Court has received and reviewed the status report filed by Debtors on 5/17/18 [Dk. 479], the Statement of the Official Committee of Unsecured Creditors filed on 5/17/18 [Dk. 478], and the Statement re: Continued Status Conference filed by Creditors/ Equity Holders Census Asset Management Group and Census Multi Family Fund LVN on 5/16/18 [Dk. 477].
The Court is inclined to set a continued status conference date of 10/4/18 at 11:00 a.m. A status report is due 14 days in advance.
Appearances required.
11:00 AM
************************************************************************* Tentative for 10/19/17:
Is to set a continued status conference for January 25, 2018 at 11:00 a.m. with a status report due 14 days in advance.
Appearances are excused for the 10/19/17 hearing.
************************************************************************* Tentative for 7/13/17:
The Court has received and reviewed the Status Report filed on 6/29/17 [Dk. 112]. The Court is inclined to set a continued status conference on 10/19/17 at 11:00 a.m., with a status report due 14 days in advance. The Parties should be prepared to discuss the setting of Chapter 11 deadlines with the Court.
Appearances required.
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok
Kyra E Andrassy
11:00 AM
Hearing RE: Motion For Order Approving Overbid Procedures And Authorizing Sale Of Residential Real Estate Portfolio In Alabama Pursuant To 11 U.S.C. Section 363(b) And (f)
(Motion filed 6/21/18)
Docket 516
Tentative for 7/12/18 is to APPROVE.
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok
Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner
11:00 AM
Hearing RE: Motion For Order Approving Amended Disclosure Statement (Motion filed 5/18/18) (Amended D.S. filed 5/18/18)
Docket 203
- NONE LISTED -
Debtor(s):
Chrestotes, Inc Represented By David A Tilem
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 7/1/17)
FR: 8-17-17; 1-11-18; 3-8-18; 4-5-18; 5-31-18
Docket 1
- NONE LISTED -
Debtor(s):
Chrestotes, Inc Represented By David A Tilem
10:00 AM
Prober & Raphael - movant attorney Motion for relief from stay
Deutsche Bank National Trust Company vs DEBTOR (Motion filed 6/22/18)
RE: 9600 Grans Sandestin Blvd #3022 Miramar Beach, Florida 32550 EH
(Tele. appr. Anna Landa, rep. creditor, Deutsche Bank National Trust Company)
Docket 21
- NONE LISTED -
Tentative for 7/17/18 is to DENY:
In paragraph 1.c of the Declaration in Support of the MRAS, the Declarant does not state her position with Carrington Mortgage Services (e.g., "I am employed as/an .... by Carrington Mortgage. "). Thus, the Court is
unable to determine her competency to testify as to the matters stated in the declaration.
Movant's Appraisal is unauthenticated.
Debtor(s):
Michael David Mendonca Represented By
10:00 AM
Movant(s):
Gary H Blaylock
Deutsche Bank National Trust Co., Represented By
S Renee Sawyer Blume
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
The Wolf Firm - movant attorney Motion for relief from stay
US Bank NA vs DEBTORS
(Motion filed 6/18/18)
RE: 38002 Encanto Road, Murrieta, CA 92563 EH
(Tele. appr. Daniel Fujimoto, rep. movant, U.S. Bank National Association)
Docket 19
- NONE LISTED -
Tentative for 7/17/18 is to DENY:
Service is improper. The movant did not serve the junior lienholders to the attention of an officer, managing or general agent or to any other authorized agent. LBR 4001-1(c)(1)(C) requires service of a motion for relief from stay on the holder of a lien or encumbrance against the subject property that is known to the movant, scheduled by the debtor, or appears in the public record and any other party entitled to receive notice under FRBP 4001. FRBP 4001(a)(1) states a motion for relief from the automatic stay “shall be made in accordance with Rule 9014”. FRBP 9014(b) requires service pursuant to FRBP 7004. FRBP 7004(b)(3) requires that a corporation, partnership or other unincorporated association be served “to the attention of an officer, a managing or general agent, or to any other agent authorized by appointment of law to receive service of process.”
10:00 AM
Debtor(s):
Jane B Sharp Represented By
Julie J Villalobos
Joint Debtor(s):
Gerard Louisdhon Represented By Julie J Villalobos
Movant(s):
U.S. Bank National Association, as Represented By
Daniel K Fujimoto Caren J Castle
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
Paul V. Reza - movant attorney Motion for relief from stay
SchoolsFirst Federal Credit Union vs DEBTORS (Motion filed 6/19/18)
RE: 2007 Lexus ES350 JTHBJ46G972087993
EH
Docket 16
- NONE LISTED -
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Patrick Scott Straser Represented By Stephen H Darrow
Joint Debtor(s):
Sofia Maria Straser Represented By
10:00 AM
Movant(s):
Stephen H Darrow
SchoolsFirst Federal Credit Union Represented By
Paul V Reza
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
Paul V. Reza - movant attorney Motion for relief from stay
SchoolsFirst Federal Credit Union vs DEBTORS (Motion filed 6/19/18)
RE: 2012 Mercedes Benz C250,WDDGF4HB1CR221302
EH
Docket 17
- NONE LISTED -
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Patrick Scott Straser Represented By Stephen H Darrow
Joint Debtor(s):
Sofia Maria Straser Represented By
10:00 AM
Movant(s):
Stephen H Darrow
SchoolsFirst Federal Credit Union Represented By
Paul V Reza
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
Kimball, Tirey & St. John LLP - movant attorney Motion for relief from stay
Anza Management Company vs DEBTOR (Motion filed 6/20/18)
RE: 918 Post St., Redlands, CA 92374 EH
Docket 11
NONE LISTED -
NONE LISTED -
Debtor(s):
Leah Suein Hur Pro Se
Movant(s):
Anza Management Company Represented By Scott Andrews
Trustee(s):
Karl T Anderson (TR) Pro Se
11:00 AM
Hrg on Trustee's Final Report and Applications for Compensation EH
Docket 58
NONE LISTED -
Tentative for 7/17/18 is to APPROVE:
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Performance Concrete Construction, Represented By
Richard Lynn Barrett
Trustee(s):
Howard B Grobstein (TR) Represented By Todd A Frealy Lindsey L Smith
11:00 AM
Hrg. on Debtor's motion filed 6/22/18 For Sanctions against John E. Douglass [F.R.B.P. 9011]
EH
Docket 73
NONE LISTED -
NONE LISTED -
Debtor(s):
Michael Andrew Castro Represented By
F Glenn Nichols
Trustee(s):
Robert Whitmore (TR) Pro Se
1:30 PM
Law Offices of Alan F. Broidy, APC - movant attorney Motion for relief from stay
Allstar Financial Services Inc vs DEBTOR (Motion filed 6/26/18)
RE: 10465 Stockton Road Moorpark CA 93021 EH
Docket 290
NONE LISTED -
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Foster Enterprises, a California Represented By Dean G Rallis Jr Matthew D Pham Gregory K Jones
1:30 PM
L/O Alan F. Broidy, APC - movant attorney Motion for relief from stay
Allstar Financial Services, Inc. vs DEBTOR (Motion filed 6/26/18)
RE: 29435 Cole Grade Road Valley Center CA 92082 EH
Docket 291
NONE LISTED -
Grant pursuant to 11 U.S.C. §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Foster Enterprises, a California Represented By Dean G Rallis Jr Matthew D Pham Gregory K Jones
1:30 PM
Hrg. on Chapter 11 Status Conference EH
(Cont. from 5/15/18)
(Tele. appr. Najah Shariff, rep. creditor, United States of America
Docket 0
NONE LISTED -
Tentative for 7/17/18 is to CONTINUE to 9/18/18 at 1:30 p.m.
***************************************************************************** Tentative for 5/15/18 is to set the following dates/deadlines:
Deadline to file a Plan and Disclosure Statement: August 3, 2018, which is approximately 120 days from the Petition Date. Note: the failure to timely file a Plan and Disclosure Statement may result in the dismissal or conversion of the case.
Continued Status Conference: August 21, 2018 at 1:30 p.m.. A status report is due 14 days in advance.
Debtor is to lodge a scheduling order within seven days.
Debtor(s):
CompCare Medical, Inc. Represented By Todd L Turoci
1:30 PM
Hrg on Debtor's Motion for Approval of Chapter 11 Disclosure Statement EH
(Tele. appr. Najah Shariff, rep. creditor, United States of America
Docket 78
NONE LISTED -
Tentative for 7/17/18 is to APPROVE.
The confirmation hearing date has already been set for 9/18/18 at 1:30 p.m. Counsel should appear and be prepared to discuss dates for service and/or filing of the plan package, ballot return, ballot tally, confirmation brief, and objections to confirmation.
Debtor(s):
CompCare Medical, Inc. Represented By Todd L Turoci
1:30 PM
Hrg. on Debtor's Motion filed 6/26/18 to Use Cash Collateral EH
(Tele. appr. Najah Shariff, rep. creditor, United States of America
Docket 82
NONE LISTED -
NONE LISTED -
Debtor(s):
CompCare Medical, Inc. Represented By Todd L Turoci
11:00 AM
Adv#: 8:17-01054 Wagner et al v. Coronado
CONT'D Hearing RE: Plaintiffs' Motion For Summary Judgment, Summary Adjudication Of Issues
(Motion filed 5/7/18) FR: 6-18-18
Docket 31
6-15-18 - LC set the matter on the Riverside day.
Tentative for 7/17/18 is to DENY.
Among other reasons to deny this motion for summary judgment, intent as required by 11 U.S.C. § 523(a)(2)(A) has not been established to the satisfaction of the Court, and Defendant is entitled to trial. All other bases for granting the motion for summary judgment are not considered here. Plaintiffs and Defendant are required to conduct a trial on all aspects of 11 U.S.C. § 523(a)(2)(A).
With respect to cause of action 11 U.S.C. § 523(a)(19), § 523(a)(19)(B) does not seem to be complied with to the satisfaction of this Court, and a trial is required on this cause of action.
The Court notes that a pretrial hearing has been set for 12/19/18 at 11:00 a.m.
Appearances required.
11:00 AM
Debtor(s):
Jaime Xavier Coronado Represented By Nathan Fransen
Defendant(s):
Jaime Xavier Coronado Represented By Nathan Fransen
Plaintiff(s):
Franz Wagner Represented By David Wood
Ron Dewalt Represented By
David Wood
Mark John Le Represented By
David Wood
Am Thi Le Represented By
David Wood
Thu Van Le Represented By
D Edward Hays David Wood
Trustee(s):
Jeffrey I Golden (TR) Pro Se
1:30 PM
Adv#: 6:18-01031 Pringle v. Manley et al
STATUS CONFERENCE: RE: Complaint by John Pringle against William S.
Manley and Garold Wormington - 542 (Cont. from 5/2/18)
EH
Docket 1
Tentative for 7/18/18:
The Court has received the status report filed 7/06/18 [Dk. 25] in which Plaintiff asserts he is investigating the value of the property and the possible foreclosure of said property. The Court does not find the status report particularly useful.
The status report is silent as to how Plaintiff intends to proceed with this adversary proceeding. And, while the status report references the entry of defaults against both defendants, it is silent about this Court's denial of Plaintiff's motion for default judgment. See Order entered 5/7/18 [Dk. 22]. At the 5/4/18 hearing on the motion for default judgment, Plaintiff's counsel conceded that the first claim for breach of contract, which sought to enforce a settlement between Defendants and Plaintiff that was never approved by the Court, was not well-taken. With respect to the second claim, the Court extensively questioned Plaintiff's counsel about how the unauthorized sale of real property that secures liens held by the Estate constitutes a post-petition transfer of property of the Estate. Plaintiff's counsel provided no compelling authority supporting this claim. It appears to this Court that the real property is not, and has never been, property of the Estate.
The Court is inclined to set an order to show cause why this case should not be dismissed.
1:30 PM
Appearances required.
Debtor(s):
Ann Lighthall Marshall Represented By Karen E Lockhart
Defendant(s):
William S. Manley Pro Se
William S. Manley Pro Se
Garold Wormington Pro Se
Garold Wormington Pro Se
Plaintiff(s):
John Pringle Represented By
Michelle A Marchisotto
Trustee(s):
John P Pringle (TR) Represented By Patricia Miller
1:30 PM
Adv#: 6:18-01065 Fawzy v. Garcia
STATUS CONFERENCE Re: Complaint by Sameh Fawzy against Lisa M. Garcia - 523(a)(2), 523(a)(6).
(Cont. from 5/30/18) EH
Docket 1
- NONE LISTED -
Debtor(s):
Lisa M Garcia Represented By Stephen R Wade David N LeGrande
Defendant(s):
Lisa M. Garcia Represented By Stephen R Wade
Plaintiff(s):
Sameh Fawzy Represented By Christopher O Rivas
Trustee(s):
Steven M Speier (TR) Pro Se
1:30 PM
Adv#: 6:18-01065 Fawzy v. Garcia
Hrg on Plaintiff's Motion For Summary Judgment EH
Docket 6
- NONE LISTED -
Debtor(s):
Lisa M Garcia Represented By Stephen R Wade David N LeGrande
Defendant(s):
Lisa M. Garcia Represented By Stephen R Wade
Plaintiff(s):
Sameh Fawzy Represented By Christopher O Rivas
Trustee(s):
Steven M Speier (TR) Pro Se
9:30 AM
CONT'D Hearing RE: Reaffirmation Agreement Between Debtor And Logix Federal Credit Union (TA CASE)
(Motion filed 4/13/18)
[RE: 2017 Forest River Salem Travel Trailer - $26,434.03]
FR: 6-20-18
Docket 27
- NONE LISTED -
Debtor(s):
Susanne Steiner Petersen Represented By Timothy Quick
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:30 AM
CONT'D Hearing RE: Reaffirmation Agreement Between Debtor And SchoolsFirst Federal Credit Union
(Motion filed 5/4/18)
[RE: 2015 Toyota Tundra - $17,063.31]
FR: 6-20-18
Docket 14
- NONE LISTED -
Debtor(s):
Jimi A. Younger Represented By Sean S Vahdat
Trustee(s):
Weneta M Kosmala (TR) Pro Se
9:30 AM
Hearing RE: Reaffirmation Agreement Between Debtor And Wells Fargo Dealer Services
(Motion filed 6/6/18)
[TA CASE]
[RE: 2013 Honda Ridgeline-V6 - Amount: $15,871.99]
Docket 16
- NONE LISTED -
Debtor(s):
Christopher Brian Watson Represented By Samer A Nahas
Joint Debtor(s):
Angel Morgan Watson Represented By Samer A Nahas
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:30 AM
Hearing RE: Reaffirmation Agreement Between Debtor And JPMorgan Chase Bank, N.A.
(Motion filed 6/6/18)
[TA CASE]
[RE: 2017 Subaru - Forester - Amount: $18,589.90]
Docket 25
- NONE LISTED -
Debtor(s):
Paul Yong Kim Pro Se
Trustee(s):
Karen S Naylor (TR) Pro Se
9:30 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And Santander Consumer USA Inc.
(Motion filed 5/31/18)
[TA CASE]
[RE: 2016 Hyundai Elantra - Amount: $14,599.99] [VIN No.: 5NPDH4AE4GH680395]
Docket 13
- NONE LISTED -
Debtor(s):
Amit Singh Represented By
Tina H Trinh
Joint Debtor(s):
Kuldip K. Singh Represented By Tina H Trinh
Trustee(s):
Weneta M Kosmala (TR) Pro Se
9:30 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And Daimler Trust
(Motion filed 6/13/18)
[ES CASE]
[RE: Leased 2017 Mercedes-Benz C300A - Amount: $27,040.56] [VIN No.: WDDWK4JB6HF427323]
Docket 12
- NONE LISTED -
Debtor(s):
Gail Anne Bressert Pro Se
Trustee(s):
Karen S Naylor (TR) Pro Se
9:30 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And First Investors Servicing Corporation
(Motion filed 6/22/18)
[RE: 2016 Nissan Rogue - Amount: $18,768.63] [VIN No.: KNMAT2MT0GP658012]
Docket 11
- NONE LISTED -
Debtor(s):
Carlos J Amaya Amaya Pro Se
Joint Debtor(s):
Nidia C Martinez Rodriguez Pro Se
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:30 AM
Hearing RE: Reaffirmation Agreement Between Debtor And Pentagon Federal Credit Union
(Motion filed 6/13/18)
[CB CASE]
[RE: 2007 Porsche Caymen - Amount: $19,547.05]
Docket 11
- NONE LISTED -
Debtor(s):
Alexander R. Cruz Martinez Represented By Tina H Trinh
Trustee(s):
Thomas H Casey (TR) Pro Se
9:30 AM
Hearing RE: Reaffirmation Agreement Between Debtor And Compass Bank (Motion filed 6/20/18)
[TA CASE]
[RE: 2008 Chevrolet Express Passenger - Amount: $6,458.09]
Docket 8
- NONE LISTED -
Debtor(s):
Brandon S. Wren Represented By Christine A Kingston
Joint Debtor(s):
Ashley E. Wren Represented By Christine A Kingston
Trustee(s):
Karen S Naylor (TR) Pro Se
11:00 AM
Hearing RE: Chapter 7 Trustee's Amended Motion For Order: (1) Approving Asset Purchase Agreement And Authorizing Sale Of Personal Property Free And Clear Of Liens, Claims And Interests Pursuant To 11 U.S.C. Sections 363(b) And (f); (2) Approving Overbid Procedures; (3) Approving Buyer As Goodfaith Purchaser Pursuant To 11 U.S.C. Section 363(m)
(Motion filed 6/5/18)
(Amended Motion filed 6/14/18)
Docket 95
Tentative for 7/18/18 is to APPROVE.
Debtor(s):
PCA Aerostructures Company Represented By Mark S Horoupian
Trustee(s):
Jeffrey I Golden (TR) Represented By Christopher J Green Reem J Bello
Beth Gaschen
11:00 AM
Adv#: 8:17-01054 Wagner et al v. Coronado
CONT'D PRE-TRIAL CONFERENCE Hearing RE: First Amended Complaint Objecting To The Dischargeability Of Debts Owed To The Plaintiffs Under 11
U.S.C. Section 523 (Complaint filed 4/17/17)
(First Amended Complaint filed 7/17/17) (PTC set at S/C held 8/16/17)
FR: 4-18-18
Docket 13
- NONE LISTED -
Debtor(s):
Jaime Xavier Coronado Represented By Nathan Fransen
Defendant(s):
Jaime Xavier Coronado Represented By Nathan Fransen
Plaintiff(s):
Franz Wagner Represented By David Wood
Ron Dewalt Represented By
David Wood
Mark John Le Represented By
11:00 AM
David Wood
Am Thi Le Represented By
David Wood
Thu Van Le Represented By
D Edward Hays David Wood
Trustee(s):
Jeffrey I Golden (TR) Pro Se
11:00 AM
Adv#: 8:17-01110 Hashemi v. U.S. Department of Education et al
CONT'D STATUS CONFERENCE Hearing RE: First Amended Complaint For: Determination That Student Loan Debt Is Dischargeable Pursuant To 11 U.S.C. Section 523(a)(8)
(Complaint filed 6/27/17) (Another Summons issued 7/14/17) (PTC set at S/C held 10/18/17)
(S/C set per Order Entered 5-30-18)
(J.P. Morgan Chase Bank, N.A. - Dismissed - See docket no. [14]) (Judgment Pursuant To Stipulation - U.S. Department of Education - See docket No. [34])
[Tele. appr., Robert S. Lampl, repr., Navient]
[Tele. appr., Scott A. Schiff, repr., Educational Credit Corporation]
FR: 3-14-18; 5-30-18
Docket 48
Tentative for 7/18/18 is to set the following dates/deadlines:
Discovery cutoff: October 1, 2018. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motions cutoff: November 15, 2018. Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial: December 19, 2018 at 10:00 a.m.
The parties are advised to cooperate and carefully and precisely follow all applicable local and federal rules. The failure to do so may result in the imposition of monetary and/or non-monetary sanctions, including the dismissal of the action or the striking of the answer.
11:00 AM
Plaintiff is to lodge a scheduling order within seven (7) days.
Debtor(s):
Suzon Hashemi Represented By Christine A Kingston
Defendant(s):
U.S. Department of Education Represented By Elan S Levey
PNC Bank, N.A. Pro Se
Deutsche Bank ELT Navient & SLM Pro Se
Plaintiff(s):
Suzon Hashemi Represented By Christine A Kingston
Trustee(s):
Richard A Marshack (TR) Pro Se
11:00 AM
Hearing RE: Chapter 7 Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses
(Final Report filed 6/15/18)
[RE: [RICHARD A. MARSHACK - Chapter 7 Trustee] Fees: $1,696.26; Expenses: $40.25]
[RE: REID & HELLYER, APC - Attorney For Chapter 7 Trustee] [Fees: $2,144.00; Expenses: $86.54]
[RE: HAHN FIFE & COMPANY, LLP - Accountant For Chapter 7 Trustee] [Fees: $1,000.00; Expenses: $0.00]
[Tele. appr., David A. Flores, repr., California Institute of Technology]
Docket 32
Tentative for 7/18/18 is to APPROVE, contingent upon the Trustee submitting a declaration in support of his final report and except as noted below:
The request for fees by Trustee's counsel shall be reduced by $314.50, representing the time incurred related to preparation of its employment application. The "preparation of an application for employment of a professional is a duty generally performed by a trustee without the assistance of an attorney." See In re Garcia, 335 B.R. 717, 725 (9th Cir. B.A.P. 2005) (affirming the denial of fees related to trustee's counsel's employment application in Chapter 7 case, where counsel was retained to negotiate an equity buy back and sell property of the estate). The Firm has not demonstrated that its employment application was not routine and thus a task which remains a trustee duty. See id.
Note: This matter appears to be uncontested. Accordingly, no court
11:00 AM
appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days, together with the required declaration.
Debtor(s):
Orange Coast Rebuilding, Inc. Represented By Thomas F Nowland
Trustee(s):
Richard A Marshack (TR) Represented By Douglas A Plazak Scott Talkov
11:00 AM
Adv#: 8:18-01081 Suzuki Motor of America, Inc. v. Mullion et al
Hearing RE: Defendant Bonnie Mullion's Motion To Dismiss Plaintiff's Complaint
(Motion filed 6/18/18)
Docket 8
- NONE LISTED -
Debtor(s):
James M Mullion Represented By Jeffrey B Smith
Defendant(s):
James M Mullion Represented By Jeffrey B Smith
Bonnie Mullion Represented By Joseph M Adams
Plaintiff(s):
Suzuki Motor of America, Inc. Represented By Jasmin Yang
10:00 AM
Motion for relief from stay [Personal Property]
Wells Fargo Bank, N.A., dba Wells Fargo Dealer Services vs. DEBTOR (Motion filed 6/25/18)
[RE: 2017 Ford Transit Connect Van - VIN No.: NM0LS7E75H1296951] [Tele. appr., Sheryl K. Ith, repr., Wells Fargo]
Docket 241
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays David Wood Kyra E Andrassy
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: Status Of Chapter 11 Case; And
(2) Requiring Report On Status Of Chapter 11 Case
FR: 12-8-11; 2-16-12; 5-10-12; 7-19-12; 9-20-12; 11-15-12; 5-16-13; 5-23-13;
11-14-13; 4-17-14; 10-30-14; 3-19-15; 8-20-15; 2-11-16; 6-23-16, 5-11-17;
11-16-17; 1-11-8; 2-22-18; 4-12-18
[Tele. appr., Sidney P. Levinson, repr., Michael Ozawain In His Capacity Of Liquaditions Trustee]
Docket 1
Tentative for 7/19/18:
The Court has received and reviewed the Status Report filed by the Liquidation Trustee on 7/03/18 [Dk. 100]. The Status Conference is CONTINUED to December 20, 2018 at 11:00 a.m. A status report is to be filed 14 days in advance.
Appearances are excused.
****************************************************************************** Tentative for 4/12/18:
The Court has received and reviewed the Status Report filed by the Liquidation Trustee on 3/23/18 [Dk. 992]. The Status Conference is CONTINUED to July 19, 2018 at 11:00 a.m. A status report is to be filed 14 days in advance.
Appearances are excused.
******************************************************************************* Tentative for 2/22/18:
11:00 AM
The Court has received and reviewed the Twelfth Status Report filed by the Liquidation Trustee on 2/8/18 [Dk. 986]. The Status Conference is CONTINUED to April 12, 2018 at 11:00 a.m. A status report is to be filed 14 days in advance.
Appearances are excused.
*************************************************************************** Tentative for 1/11/18:
The Court has received and reviewed the Eleventh Status Report filed by the Liquidation Trustee on 12/28/17 [Dk. 980]. The Status Conference is CONTINUED to February 22, 2018 at 11:00 a.m. A status report is to be filed 14 days in advance.
Appearances are excused.
Debtor(s):
Pacific Monarch Resorts, Inc. Represented By Scott H Yun
H Alexander Fisch Genevieve G Weiner Danielle A Pham
Trustee(s):
Michael M Ozawa Represented By Sidney P Levinson
William Schumacher
11:00 AM
Hearing RE: Third Interim Fee Application For Allowance Of Professional Fees And Costs For The Period From September 12, 2017 Through And Including June 21, 2018
(Motion filed 6/22/18)
[RE: M. JONES AND ASSOCIATES - Attorney For Debtor]
{Fees: $29,082.50; Expenses: $1,580.22]
Docket 200
Tentative for 7/19/18 is to APPROVE as requested, except with respect to the amount of $568.75, representing a portion of Ms. Tidd's time for appearing at the mediation, as objected to in the Declaration filed by Debtor on 7/2/18 [Dk. 206].
With respect to this time, the Court requires clarification from Debtor and/or counsel as to exactly why Debtor is seeking disallowance. Is Debtor asserting the fees incurred were unreasonable? And if so, why? Counsel and/or Debtor may appear and provide the explanation or Counsel may reduce his fees by this amount without prejudice to seeking them (with appropriate explanation) in the next or final fee application.
The Court does not require appearances. Debtor's counsel is to upload an order within seven days.
Debtor(s):
Charles Flowers Harrison Represented By Michael Jones Sara Tidd
11:00 AM
Joint Debtor(s):
Martha Isabel Montoya Represented By Michael Jones Sara Tidd
11:00 AM
Hearing RE: First Interim Application For Allowance Of Professional Fees And Costs For The Period From February 27, 2018 Through And Including June 21, 2018
(Motion filed 6/22/18)
[RE: STEPHEN ABRAHAM - Special Litigation Counsel For Debtors] [Fees: $6,090.00; Expenses: $3.00]
Docket 202
Tentative for 7/19/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Charles Flowers Harrison Represented By Michael Jones Sara Tidd
Joint Debtor(s):
Martha Isabel Montoya Represented By Michael Jones Sara Tidd
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 2/24/17)
FR: 4-20-17; 7-11-17; 8-17-17; 11-9-17; 12-14-17; 2-21-18; 4-18-18; 5-3-18;
5-31-18
[Tele. appr., Michael Weiland, repr., John Bral - LISTEN ONLY]
Docket 1
NONE LISTED -
Debtor(s):
John Jean Bral Represented By Beth Gaschen
11:00 AM
CONT'D Hearing RE: Motion Seeking: (1) Disallowance Of Claims 9, 11, 14 And 16; And (2) Striking Claims Alleged In Adversary Nos. 8:17-ap-01094 And 8:17-ap-01092 On The Grounds The Same Were Filed Based on Falsified Evidence
(Motion filed 11/22/17)
FR: 12-14-17; 2-21-18; 4-18-18; 5-3-18; 5-31-18
[Tele. appr., Michael Weiland, repr., John Bral]
Docket 219
NONE LISTED -
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman William N Lobel
11:00 AM
CONT'D Hearing RE: Approval Of Second Amended Disclosure Statement Describing Chapter 11 Plan
(First Amended D.S. filed 4/30/18 (Second Amended D.S. filed 6/8/18)
FR: 5-31-18
[Tele. appr., Michael Weiland, repr., John Bral - LISTEN ONLY]
Docket 470
NONE LISTED -
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman William N Lobel Babak Samini
11:00 AM
CONT'D Hearing RE: Beitler Creditors' Motion To Convert Case To Chapter 7 (Motion filed 5/30/18)
FR: 7-12-18
[Tele. appr., Michael Weiland, repr., John Bral - LISTEN ONLY]
Docket 456
NONE LISTED -
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman William N Lobel Babak Samini
11:00 AM
CONT'D Hearing RE: Debtor John J. Bral's Motion For An Order Compelling Supplemental Responses To (1) First Set Of Requests For Admission Propounded On Barry Beitler And Betsy Boyd And (2) First Set Of Requests For Production Propounded On Barry Beitler And Request For Sanctions (Motion filed 5/21/18)
FR: 6-11-18; 6-18-18
[Tele. appr., Michael Weiland, repr., John Bral - LISTEN ONLY]
Docket 439
NONE LISTED -
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman William N Lobel Babak Samini
11:00 AM
Hearing RE: Motion For An Order Striking The Supplemental Declaration Of Tom Lallas And The Declaration Of Timothy T. Hamilton
(Motion filed 7/12/18) (OST Entered 7/13/18)
[Tele. appr., Michael Weiland, repr., John Bral - LISTEN ONLY]
Docket 507
NONE LISTED -
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman William N Lobel Babak Samini
11:00 AM
Adv#: 8:17-01071 Bral v. Beitler
CONT'D Hearing RE: Motion For Summary Judgment on Debtor's First Amended Complaint Against Barry Beitler for: (1) Avoidance of Preference Pursuant to 11 U.S.C. Section 547; (2) Avoidance of Unperfected Liens Pursuant to 11 U.S.C. Section 544(A); (3) Recovery of Avoided Transfers Pursuant to 11 U.S.C. Section 550; and (4) Disallowance of Claims Pursuant to 11 U.S.C. Section 502
[LIMITED ISSUES ONLY]
(Motion filed 12/14/17)
FR: 1-25-17; 2-21-18; 5-31-18
[Tele. appr., Michael Weiland, repr., John Bral - LISTEN ONLY]
Docket 27
Tentative for 7/19/18:
None listed.
***************************************************************************** Tentative for 2/21/18:
The Court has determined that this matter is appropriate for disposition without further oral argument. An order will be issued shortly.
Appearances are excused.
Debtor(s):
John Jean Bral Represented By Beth Gaschen
11:00 AM
Alan J Friedman William N Lobel
Defendant(s):
Barry Beitler Represented By
Krikor J Meshefejian
Plaintiff(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman William N Lobel
11:00 AM
Adv#: 8:17-01071 Bral v. Beitler
CON'TD STATUS CONFERENCE Hearing RE: Complaint Against Barry Beitler For:
Avoidance Of Preference Pursuant To 11 U.S.C. Section 547;
Recovery Of Avoided Transfers Pursuant To 11 U.S.C. Section 550; And
Disallowance Of Claims Pursuant To 11 U.S.C. Section 502 (Complaint filed 5/9/17) (Set per order entered 11/13/17)
FR: 8-3-17, 11-9-17; 5-31-18
[Tele. appr., Michael Weiland, repr., John Bral - LISTEN ONLY]
Docket 1
Tentative for 7/19/18:
None listed.
***************************************************************************** Tentative for 11/09/17 is to set the following dates and deadlines:
Discovery cutoff: March 30, 2018. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: April 30, 2018. Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial: May 31, 2018 at 11:00 a.m.
The parties are advised to cooperate and follow all local and federal rules precisely. The failure to do so may result in the imposition of monetary and/or non-monetary sanctions, including the striking of the answer or dismissal of the action.
11:00 AM
Plaintiff is to lodge a scheduling order within seven (7) days.
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
Defendant(s):
Barry Beitler Pro Se
Plaintiff(s):
John Jean Bral Represented By Beth Gaschen
11:00 AM
Adv#: 8:17-01092 Beitler v. Bral
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Non-
Dischargeability Of Debt Under Bankruptcy Code Section 523 (Complaint filed 6/2/17) (First Amended Complaint filed 12/1/17)
FR: 8-31-17; 11-9-17; 12-7-17; 1-24-18; 1-25-18; 2-21-18; 4-18-18; 5-3-18;
5-31-18
[Tele. appr., Michael Weiland, repr., John Bral - LISTEN ONLY]
Docket 1
Tentative for 7/19/18:
None listed.
************************************************************************ Tentative for 4/18/18:
None listed.
************************************************************************ Tentative for 2/21/18:
None listed.
************************************************************************ Tentative for 12/07/17:
This matter is CONTINUED to February 22, 2018, at 11:00 a.m. A status report is due 14 days in advance.
Appearances for the 12/07/17 hearing are excused.
11:00 AM
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
Defendant(s):
John Jean Bral Pro Se
Plaintiff(s):
Barry Beitler Represented By
Krikor J Meshefejian Gary E Klausner
11:00 AM
Adv#: 8:17-01094 Beitler & Associates, Inc. dba Beitler Commercial v. Bral
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Non-
Dischargeability Of Debt Under Bankruptcy Code Section 523 (Complaint filed 6/2/17) (First Amended Complaint filed 12/1/17)
FR: 8-31-17; 11-9-17; 12-7-17; 1-24-18; 1-25-18; 2-21-18; 4-18-18; 5-3-18;
5-31-18
[Tele. appr., Michael Weiland, repr., John Bral - LISTEN ONLY]
Docket 1
Tentative for 7/19/18:
None listed.
************************************************************************ Tentative for 4/18/18:
None listed.
************************************************************************ Tentative for 2/21/18:
None listed.
************************************************************************ Tentative for 12/07/17:
This matter is CONTINUED to February 22, 2018, at 11:00 a.m. A status report is due 14 days in advance.
Appearances for the 12/07/17 hearing are excused.
11:00 AM
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
Defendant(s):
John Jean Bral Pro Se
Plaintiff(s):
Beitler & Associates, Inc. dba Beitler Represented By
Krikor J Meshefejian Gary E Klausner
11:00 AM
Adv#: 8:17-01095 Steward Financial LLC v. Bral
CONT'D STATUS CONFERENCE Hearing RE: First Amended Complaint To Determine Non-Dischargeability Of Debt Under Bankruptcy Code Section 523 (Complaint filed 6/2/17) (First Amended Complaint filed 12/1/17)
FR: 8-31-17; 11-9-17; 12-7-17; 1-24-18; 1-25-18; 2-21-18; 4-18-18; 5-3-18;
5-31-18
[Tele. appr., Michael Weiland, repr., John Bral - LISTEN ONLY]
Docket 1
Tentative for 7/19/18:
None listed.
************************************************************************ Tentative for 4/18/18:
None listed.
************************************************************************ Tentative for 2/21/18:
None listed.
************************************************************************ Tentative for 12/07/17:
This matter is CONTINUED to February 22, 2018, at 11:00 a.m. A status report is due 14 days in advance.
11:00 AM
Appearances for the 12/07/17 hearing are excused.
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
Defendant(s):
John Jean Bral Pro Se
Plaintiff(s):
Steward Financial LLC Represented By
Krikor J Meshefejian Gary E Klausner
11:00 AM
Hearing RE: Motion For Order: (1) Approving Sale Of Real Property Free And Clear Of Liens; (2) Approving Employment And Compensation Of Real Estate Agent; (3) Authorizing Disbursement Of Proceeds
(Motion filed 6/14/18)
[Tele appr., Kelly M. Raftery, repr., Select Portfolio Servicing, Inc.]
Docket 168
Tentative for 7/19/18 is to APPROVE. No appearances are required.
Movant to lodge an order within seven (7) days.
Debtor(s):
David Vincent Ross Represented By Michael Jones Sara Tidd
Joint Debtor(s):
Cheri LeAnn Ross Represented By Michael Jones Sara Tidd
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 1/4/18)
FR: 2-22-18; 6-14-18; 6-21-18
[Tele. appr., Najah J. Shariff, repr., United States]
Docket 0
Tentative for 7/19/18 is to issue an Order to Show Cause re: conversion or dismissal ("OSC"), to be heard on August 23, 2018 at 11:00 a.m., for the following reasons:
Debtor failed to file a status report 14 days in advance, as required by the Order entered 4/12/18 [Dk. 27].
Debtor failed to file a plan and disclosure statement by July 1, 2018 as required by the Order entered 3/1/18 [Dk. 21].
Debtor failed to file and serve a notice of bar date, as required by the Order entered 3/1/18 [Dk. 21].
Any responses to the OSC must be filed by no later than August 2, 2018. Any Replies may be filed by no later than August 16, 2018.
Appearances required.
**************************************************************************** Tentative for 2/22/18 is to set the dates/deadlines, as follows:
Deadline to file a plan and disclosure statement - July 1, 2018.
Deadline for filing proofs of claims - May 1, 2018 with service of
11:00 AM
the notice by no later than March 1, 2018.
Deadline to object to claims - June 15, 2018.
Deadline to file avoidance actions - May 1, 2018.
Continued status conference - June 14, 2018 at 11:00 a.m. A status report is due 14 days in advance.
Debtor is to submit a scheduling order within seven (7) days.
Debtor(s):
Fuzion Meet Eat Play, LLC Represented By Jeffrey B Smith
11:00 AM
CONT'D Hearing RE: Debtor's Emergency Motion For Order Authorizing Use Of Cash Collateral
(Motion filed 6/11/18)
FR: 6-13-18
[Tele. appr., Greg P. Campbell, repr., CDC Small Business Finance] [Tele. appr., Kevin Tang, repr., West G410, Inc.]
Docket 10
- NONE LISTED -
Debtor(s):
West G 410, Inc. Represented By Lionel E Giron
11:00 AM
Hearing RE: Debtor's Motion To Dismiss Chapter 11 Case (Motion filed 6/28/18)
[Tele. appr., Greg P. Campbell, repr., CDC Small Business Finance] [Tele. appr., Kevin Tang, repr., West G410, Inc.]
Docket 19
Tentative for 7/19/18 is to GRANT.
Debtor(s):
West G 410, Inc. Represented By Lionel E Giron
9:30 AM
Adv#: 6:17-01229 FIRST AMERICAN TITLE INSURANCE COMPANY, a Nebraska v. Fazah
Hrg on Plaintiff's Motion For Summary Judgment as to the Complaint and Counter-Claim
(Cont. from 6/18/18) EH
Docket 22
Debtor(s):
Mazen Fazah Represented By
Stuart G Steingraber
Defendant(s):
Mazen Fazah Represented By
Stuart G Steingraber
Amany Saleh Represented By
Stuart G Steingraber
Joint Debtor(s):
Amany Saleh Represented By
Stuart G Steingraber
Movant(s):
FIRST AMERICAN TITLE Represented By Jean C Wilcox
Stuart G Steingraber
FIRST AMERICAN TITLE Pro Se
9:30 AM
Plaintiff(s):
FIRST AMERICAN TITLE Represented By Jean C Wilcox
Stuart G Steingraber
Trustee(s):
Karl T Anderson (TR) Pro Se
9:30 AM
Adv#: 6:17-01229 FIRST AMERICAN TITLE INSURANCE COMPANY, a Nebraska v. Fazah
STATUS CONFERENCE re: Complaint by First American Title Insurance Company, a Nebraska corporation to determine dischargeabiltiy of debt against Mazen Fazah, Amany Saleh - 523(a)(2)
EH
Docket 1
Debtor(s):
Mazen Fazah Represented By
Stuart G Steingraber
Defendant(s):
Mazen Fazah Represented By
Stuart G Steingraber
Amany Saleh Represented By
Stuart G Steingraber
Joint Debtor(s):
Amany Saleh Represented By
Stuart G Steingraber
Plaintiff(s):
FIRST AMERICAN TITLE Represented By Jean C Wilcox
Stuart G Steingraber
9:30 AM
Trustee(s):
Karl T Anderson (TR) Pro Se
9:30 AM
Adv#: 8:15-01425 Marshack v. Ayotte
CONT'D TRIAL RE: Complaint For Avoidance, Recovery, And Preservation Of Preferential Transfers
[11 U.S.C. Sections 544, 547, 550, And 551]
(Complaint filed 10/27/15) (PTC set at S/C held 4/6/16) (Trial set at PTC held 6/14/17)
[Law Offices of Michael W. Ayotte [ONLY] - Dismissed per Order Entered 4-6-17 - Docket No. 33]
FR: 3-9-16; 4-6-16; 4-6-16; 8-17-16; 11-30-16; 4-19-17; 6-14-17; 11-20-17;
2-27-18; 5-22-18
Docket 1
Debtor(s):
DRI Companies Represented By Todd C. Ringstad
Christopher Minier Brian R Nelson
Defendant(s):
Michael W. Ayotte Represented By Michael W Ayotte
Plaintiff(s):
Richard A. Marshack Represented By Chad V Haes Judith E Marshack D Edward Hays
9:30 AM
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays Chad V Haes Kyra E Andrassy Judith E Marshack
Leonard M Shulman Melissa Davis Lowe
10:00 AM
Merritt Law Inc APLC - movant attorney Motion for relief from stay
Deutsche Bank National Trust Company vs DEBTOR (Motion filed 6/26/18)
RE: 747 North San Antonio Avenue, Ontario, California 91762 EH
Docket 47
Tentative for 7/31/18 is to DENY.
As pointed out in the Chapter 7 Trustee's Opposition filed 7/17/18 [Dk. 57], Movant has not met its burden in demonstrating relief is warranted. Movant's declaration indicates that there is an equity of $93,131.32 which translates to a cushion of 26.6% (Decl. of Matthew Mountes, ¶11.g). The Ninth Circuit has held that a 20% equity cushion adequately protects a creditor’s security interest. In re Mellor, 734 F.2d 1396, 1401 (9th Cir. 1984).
Appearances required.
Debtor(s):
Sofia Miranda Pro Se
Movant(s):
Deutsche Bank National Trust Represented By Tyneia Merritt
10:00 AM
Trustee(s):
Howard B Grobstein (TR) Represented By Aaron E de Leest
10:00 AM
Law Offices of Austin P. Nagel - movant attorney Motion for relief from stay
Toyota Motor Credit Corporation vs DEBTOR (Motion filed 6/28/18)
RE: 2015 Toyota Tacoma VIN # 5TFTX4CN7FX06251
EH
Docket 49
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: Debtor filed a Non-Opposition on 7/10/18, Dk. 54. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Sofia Miranda Pro Se
Trustee(s):
Howard B Grobstein (TR) Represented By Aaron E de Leest
10:00 AM
Prober & Raphael - movant attorney Motion for relief from stay
Carrington Mortgage Services LLC vs DEBTORS (Motion filed 7/6/18)
RE: 11971 Cove Court, Adelanto, California 92301 EH
Docket 13
Tentative for 7/31/18 is to DENY:
The Chapter 7 Trustee filed an opposition on 7/16/18 [Dk. 19] and Debtors filed an opposition on 7/17/18 [Dk. 20]. The Chapter 7 Trustee provides evidence of additional equity in the property, which renders Movant adequately protected.
Appearances required.
Debtor(s):
Justin R. Smith Represented By Ronald W Ask
Joint Debtor(s):
Julie M. Smith Represented By Ronald W Ask
10:00 AM
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
Wright, Finley & Zak LLP - movant attorney Motion for relief from stay
First Tech Federal Credit Union vs DEBTOR (Motion filed 6/29/18)
RE: 2017 Hyundai Elantra, VIN 5NPD84LF5HH125091
EH
Docket 15
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Dana C. Glenn Represented By Patricia M Ashcraft
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
French, Lyon, Tang APC - movant attorney Motion for relief from stay
Bank of the West vs DEBTORS (Motion filed 7/10/18)
RE: 2007 Weekend Warrior Toy Hauler EH
Docket 9
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Jose Antonio Estrada Jr. Represented By Marc A Duxbury
Joint Debtor(s):
Margarita Yvette Estrada Represented By Marc A Duxbury
10:00 AM
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
Kimball, Tirey & St John LLP - movant attorney Motion for relief from stay
2014-3 IH Borrower LP vs DEBTORS (Motion filed 7/2/18)
RE: 15222 Washington Ave., Lake Elsinore, CA 92530 EH
Docket 13
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver and annulment, as requested.
Movant has provided evidence that its action in filing the unlawful detainer action after Debtor's bankruptcy case was taken without knowledge of the automatic stay. Further, Debtor has not provided any evidence that annulment is not warranted. Pursuant to 11 U.S.C. § 362(g), debtor bears the burden of proof on this issue. See also Souang v. Fularon, 2011 Bankr.
LEXIS 4335 (9th Cir. BAP 2011) ("[T]he debtor bears the ultimate burden of proving that the request for retroactive relief from the stay should be denied.").
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
10:00 AM
Debtor(s):
Kristofer Paul Matranga Represented By Nicholas M Wajda
Joint Debtor(s):
Sarah Colleen Matranga Represented By Nicholas M Wajda
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
Law Offices of Austin P Nagel - movant attorney Motion for relief from stay
Toyota Motor Credit Corporation vs DEBTORS (Motion filed 6/22/18)
RE: 2016 Toyota Camry EH
Docket 10
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Raul Vazquez Represented By Jennifer Ann Aragon
Joint Debtor(s):
Juana Vazquez Represented By Jennifer Ann Aragon
10:00 AM
Movant(s):
Toyota Motor Credit Corporation Represented By
Austin P Nagel
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
Aldridge Pite LLP - movant attorney Motion for relief from stay
Bank of America NA vs DEBTOR (Motion filed 7/3/18)
RE: 2629 Patti Lane, Santa Ana, California 92706 EH
Docket 15
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(4) with 4001(a)(3) waiver and extraordinary relief, as requested.
"To obtain relief under §362(d)(4), the court must find three elements to be present. First, debtor’s bankruptcy filing must have been part of a scheme. Second, the object of the scheme must be to delay, hinder, or defraud creditors. Third, the scheme must involve either (a) the transfer of some interest in the real property without the secured creditor’s consent or court approval, or (b) multiple bankruptcy filings affecting the property. For the court to grant relief under §362(d)(4), and thus trigger two years of prospective relief as to the subject real property, it must affirmatively find that the three elements above are present." In re First Yorkshire Holdings, Inc., 470 B.R. 864, 870-71 (B.A.P. 9th Cir. 2012).
Here, Movant has provided evidence that the bankruptcy petition was part of a scheme to delay, hinder, or defaud creditors that involved an unauthorized transfer.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late
10:00 AM
opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Juan Esparza Pro Se
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for relief from stay
Wells Fargo Bank, NA vs DEBTOR (Motion filed 7/5/18)
RE: 2007 Ford Truck F350 Super Duty-V8, VIN 1FTWW33P57EA29915
EH
Docket 16
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Peter Victor Tan Represented By Fred Edwards
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
L/O Austin P. Nagel - movant attorney Motion for relief from stay
Toyota Motor Credit Corporation vs DEBTOR (Motion filed 6/28/18)
RE: 2017 Toyota Camry VIN #4T1BF1FK6HU444621
EH
Docket 13
- NONE LISTED -
Debtor(s):
Leah Suein Hur Pro Se
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for relief from stay
TD Auto Finance LLC vs DEBTOR (Motion fld 7/5/18)
RE: 2016 Dodge Ram 1500, VIN 1C6RR6KG6GS155846
EH
Docket 9
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Marisela Ibarra Obeso Represented By Francis Guilardi
Trustee(s):
Steven M Speier (TR) Pro Se
11:00 AM
Hrg on Chapter 7 Trustee's Motion to Substantively Consolidate Moises & Martha Alvarez, Floortastic Incorporated and Inland Empire Flooring into the bankruptcy estate of Professional Flooring Installation, Inc
(Cont from 7/10/18) EH
Docket 34
- NONE LISTED -
Debtor(s):
Professional Flooring Installation Represented By
Todd L Turoci
Trustee(s):
Todd A. Frealy (TR) Represented By Leonard M Shulman Brandon J Iskander
11:00 AM
Hrg on Trustee's Final Report and Applications for Compensation EH
Docket 31
Tentative for 7/31/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Jimmy Chien Sun Represented By Suzette Douglas
Trustee(s):
Robert Whitmore (TR) Pro Se
1:30 PM
Mtn/ntc fld 6-27-16 - Anyiam Law Firm & L/O Akudinobi & Ikonte
From: 4-18-18 PER STIP/ORDER ENTERED 3-27-18
Docket 1862
- NONE LISTED -
Debtor(s):
City of San Bernardino, California Represented By
Paul R. Glassman Fred Neufeld Laura L Buchanan
Movant(s):
Gustavo Arzola Represented By Christian U Anyiam
1:30 PM
Hrg. on Post Confirmation Status Conference (Cont. from 6/26/18)
EH
Docket 0
Tentative for 7/31/18:
The Court has received and reviewed the report filed July 17, 2018 [Dk. 318] and will CONTINUE this matter to November 27, 2018 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
Salvador Rivera Represented By Andrew H Griffin III
Joint Debtor(s):
Teresa Rivera Represented By Andrew H Griffin III
1:30 PM
STATUS CONFERENCE re: Motion to Disallow Proof of Claim No 4 filed by Internal Revenue Service
Mtn/ntc/p&a fld 8-4-17 - Turoco Firm Resp fld 8-23-17 - United States Attorney Jt st rpt fld. 1-3-18 - The Turoci Firm
Jt st rpt fld. 6-13-18 - The Turoci Firm
From: 6-27-18 (Prior MJ case)
Docket 99
- NONE LISTED -
Debtor(s):
James Roy Coleman Represented By Todd L Turoci Todd L Turoci Julie Philippi
Joint Debtor(s):
Andrea Alexandra Coleman Represented By Todd L Turoci Todd L Turoci Julie Philippi
Movant(s):
James Roy Coleman Represented By Todd L Turoci Todd L Turoci Julie Philippi
Andrea Alexandra Coleman Represented By
1:30 PM
Todd L Turoci Todd L Turoci Julie Philippi
1:30 PM
Hrg. on Chapter 11 Status Conference (Cont. from 5/1/2018)
Docket 1
- NONE LISTED -
Debtor(s):
Foster Enterprises, a California Represented By Dean G Rallis Jr
1:30 PM
Hrg. on Adequacy of the Amended Disclosure Statement
Docket 1
Tentative for 7/31/18:
Counsels should appear and be prepared to address the objection filed by the United States of America on 7/20/18 [Dk. 308].
Debtor(s):
Foster Enterprises, a California Represented By Dean G Rallis Jr
1:30 PM
Hrg. on Debtors' Motion filed 4/24/18 for continued Use of Cash Collateral EH
Docket 269
- NONE LISTED -
Debtor(s):
Foster Enterprises, a California Represented By Dean G Rallis Jr Matthew D Pham Gregory K Jones
1:30 PM
Hrg. on Debtors' Motion filed 7/10/18 for order approving stipulation for Adequate Protection and Use of Cash Collateral with the United States and Allstar Financial Services, Inc.
EH
Docket 298
- NONE LISTED -
Debtor(s):
Foster Enterprises, a California Represented By Dean G Rallis Jr Matthew D Pham Gregory K Jones
10:00 AM
Hrg on approval of Reaffirmation Agreement Between Debtor and Alaska USA Federal Credit Union in the amount of $52,017.15
re: 2016 Ram 2500
Docket 12
- NONE LISTED -
Debtor(s):
Timothy Charles Johnson Represented By Daniel King
Joint Debtor(s):
Nikkia Lynn Johnson Represented By Daniel King
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
Hrg on approval Reaffirmation Agreement Between Debtor and American Honda Finance Corporation in the amount of $7,221.10
Re: 2013 Honda Pilot 5FNYF3H49DBO156456
Docket 14
- NONE LISTED -
Debtor(s):
Jennifer Nicole Ruziecki Represented By Daniel King
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement Between Debtor and Altura Credit Union, in the amount of $26,147.19
Re: 2016 Chevrolet Camaro
Docket 17
- NONE LISTED -
Debtor(s):
Maria Guadalupe Garcia Represented By
Ethan Kiwhan Chin
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
Hrg on Approval of Reaffirmation Agreement Between Debtor and SchoolsFirst FCU in the amount of $19,300.04
RE: 2015 Toyota Sienna
Docket 13
- NONE LISTED -
Debtor(s):
Gerardo Cardenas Fernandez Sr Pro Se
Trustee(s):
Larry D Simons (TR) Pro Se
1:30 PM
Adv#: 6:14-01304 Taylor v. Singh et al
STATUS CONFERENCE RE: Complaint by Carole Taylor against Rindi P Singh, Pradeep Singh. false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(41 (Objection / revocation of discharge - 727(c),(d),(e)))
EH
Docket 1
- NONE LISTED -
Debtor(s):
Pradeep Singh Represented By
M Wayne Tucker
Defendant(s):
Rindi P Singh Represented By
Solomon A Cheifer M Wayne Tucker
Pradeep Singh Represented By
M Wayne Tucker
Joint Debtor(s):
Rindi P Singh Represented By
M Wayne Tucker Solomon A Cheifer
1:30 PM
Plaintiff(s):
Carole Taylor Represented By Elliott R Speiser
Trustee(s):
Arturo Cisneros (TR) Pro Se
Arturo Cisneros (TR) Pro Se
U.S. Trustee(s):
United States Trustee (RS) Pro Se
1:30 PM
Adv#: 6:14-01300 Bruner et al v. Singh
Status Conference re: Complaint by John Bruner, Irene Bruner against Pradeep Singh pursuant to §523(a)(2) and §523(a)(4)
(Cont. from 6/13/18) EH
Docket 1
- NONE LISTED -
Debtor(s):
Pradeep Singh Represented By
M Wayne Tucker
Defendant(s):
Pradeep Singh Pro Se
Joint Debtor(s):
Rindi P Singh Represented By
M Wayne Tucker
Plaintiff(s):
John Bruner Pro Se
Irene Bruner Pro Se
Trustee(s):
Arturo Cisneros (TR) Pro Se
Arturo Cisneros (TR) Pro Se
1:30 PM
U.S. Trustee(s):
United States Trustee (RS) Pro Se
1:30 PM
Adv#: 6:14-01302 Cooper et al v. Singh
STATUS CONFERENCE Re: Complaint by William Cooper, Cheryl Cooper against Pradeep Singh. false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny))
(Cont. from 6/13/18) EH
Docket 1
Tentative for 8/1/18:
The Court has received and reviewed the status report filed 7/26/18 [Dk. 45] and will CONTINUE this matter to January 9, 2019 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
3rd Party Defendant(s):
Pradeep Singh Pro Se
3rd Party Plaintiff(s):
Cheryl Cooper Pro Se
William Cooper Pro Se
Debtor(s):
Pradeep Singh Represented By
M Wayne Tucker
1:30 PM
Defendant(s):
Pradeep Singh Pro Se
Joint Debtor(s):
Rindi P Singh Represented By
M Wayne Tucker
Plaintiff(s):
William Cooper Represented By Gregory W Brittain
Cheryl Cooper Represented By Gregory W Brittain
Trustee(s):
Arturo Cisneros (TR) Pro Se
U.S. Trustee(s):
United States Trustee (RS) Pro Se
1:30 PM
Adv#: 6:17-01237 U.S. Trustee v. Howard et al
STATUS CONFERENCE re: Complaint by U.S. Trustee against Vincent D Howard, Howard Law P.C., Williamson & Howard LLP, Timothy Allen Reed. Complaint For Disgorgement Of Fees, Civil Penalties, And/Or Injunctive And Declaratory Relief
(Cont. from 3/7/18) EH
Docket 1
Tentative for 8/01/18:
A scheduling order has been issued in this case (See, order entered 3/19/18 [Dk. 38]) establishing a discovery cutoff date of January 15, 2019 and a motion cutoff date of March 15, 2019. The Court will leave these dates in place and set a continued status conference date of November 28, 2018 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
***************************************************************************** Tentative for 3/07/18 is to set the following dates/deadlines:
Discovery cutoff: January 15, 2019. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: March 15, 2019. Note: this date includes the date by which all non-discovery motions must be heard and resolved.
4. Continued status conference: August 1, 2018 at 1:30 p.m. A status report is due 14 days in advance. At this continued status conference, the
1:30 PM
Court will determine whether setting or establishing any further hearings or deadlines is appropriate.
The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may result in the imposition of sanctions, including the striking of the answer and dismissal of the complaint.
Appearances required.
Debtor(s):
Mario E. Najarro Represented By Timothy Reed Jeffrey A Katz
Defendant(s):
Vincent D Howard Pro Se
Howard Law P.C. Pro Se
Williamson & Howard LLP Pro Se
Timothy Allen Reed Pro Se
Plaintiff(s):
U.S. Trustee Pro Se
Trustee(s):
Arturo Cisneros (TR) Pro Se
1:30 PM
Adv#: 6:17-01261 Pringle v. Bank of America, National Association, f/k/a FIA C
STATUS CONFERENCE re: Complaint by John P. Pringle against Bank of America, National Association, f/k/a FIA Card Services, National Association. Nature of Suit: Recovery of money/property - 548 fraudulent transfer, other
(Cont. from 5/2/18) EH
Docket 1
- NONE LISTED -
Debtor(s):
Four-D College Represented By Linda A Lindsey Michael G Portner
Defendant(s):
Bank of America, National Pro Se
Plaintiff(s):
John P. Pringle Represented By Anthony A Friedman Lindsey L Smith Todd A Frealy
Trustee(s):
John P Pringle (TR) Represented By Juliet Y Oh
1:30 PM
Todd A Frealy Anthony A Friedman Keith Levey
1:30 PM
Adv#: 6:18-01088 Frazer v. 395 Lampe, LLC
Hrg on Plaintiff's Motion for Leave to Amend the Complaint EH
Docket 26
- NONE LISTED -
Debtor(s):
DESERT RANCH LLLP Represented By Jenny L Doling Summer M Shaw
Defendant(s):
395 Lampe, LLC Represented By
Mark H Gunderson
Plaintiff(s):
Helen R Frazer Represented By Laurel R Zaeske
Trustee(s):
Helen R. Frazer (TR) Represented By Laurel R Zaeske
1:30 PM
Adv#: 6:18-01088 Frazer v. 395 Lampe, LLC
STATUS CONFERENCE re: Complaint by Helen R Frazer against 395 Lampe, LLC for: 1. Violation of the Automatic Stay [11 U.S.C. Section 362(A)(1), 362(A)
(3) and 362(K)]; 2. Temporary Restraining Order and Preliminary Injunction; 3.
Breach of Fiduciary Duty; and 4. Declaratory Relief (Cont. from 7/11/18)
EH
Docket 1
- NONE LISTED -
Debtor(s):
DESERT RANCH LLLP Represented By Jenny L Doling Summer M Shaw
Defendant(s):
395 Lampe, LLC Pro Se
Plaintiff(s):
Helen R Frazer Represented By Laurel R Zaeske
Trustee(s):
Helen R. Frazer (TR) Represented By Laurel R Zaeske
1:30 PM
Adv#: 6:18-01047 Bui v. Perez et al
STATUS CONFERENCE re: Complaint by Lynda T. Bui against Maria Magdalena Perez, Juan Alberto Perez, Ivan De La Torre (Approval of sale of property of estate and of a co-owner - 363(h), Recovery of money/property - 542 turnover of property)
(Cont. from 5/16/18) EH
Docket 1
Tentative for 8/01/18:
The Court has received and reviewed the status report filed July 16, 2018 [Dk. 8] and will CONTINUE this matter to October 17, 2018 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
***************************************************************************** Tentative for 5/16/18:
This matter is CONTINUED to 8/1/18 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
Ivan De La Torre Represented By Daniel C Sever
1:30 PM
Defendant(s):
Maria Magdalena Perez Pro Se
Juan Alberto Perez Pro Se
Ivan De La Torre Pro Se
Plaintiff(s):
Lynda T. Bui Represented By
Carmela Pagay
Trustee(s):
Lynda T. Bui (TR) Represented By Carmela Pagay
1:30 PM
Adv#: 6:18-01108 Daff v. Velasquez
STATUS CONFERENCE re: Complaint by Charles W. Daff against Linda D. Velasquez for: 1) Avoidance and Recovery of Constructive Fraudulent Transfer;
Disallowance of Claims; 3) Unjust Enrichment; 4) Declaratory Relief; and 5) Sale of Property Under 11 U.S.C. Sections 363(h), 548, 542
EH
Docket 1
Tentative for 8/01/18 is to set the following dates/deadlines:
Discovery cutoff: November 30, 2018 Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: January 15, 2019. Note: this date includes the date by which all non-discovery motions must be heard and resolved.
4. Pretrial conference: March 20, 2019 at 1:30 p.m.
The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may result in the imposition of sanctions, including the striking of the answer and dismissal of the complaint.
Debtor(s):
Angela Denise Peterson Pro Se
Defendant(s):
Linda D. Velasquez Represented By Charity J Manee
1:30 PM
Joint Debtor(s):
James Patrick Peterson Pro Se
Plaintiff(s):
Charles W. Daff Represented By Melissa Davis Lowe
Trustee(s):
Charles W Daff (TR) Represented By Lynda T Bui
Melissa Davis Lowe
1:30 PM
Adv#: 6:17-01228 OneSource Distributors, LLC v. Love, Jr.
PRE-TRIAL CONFERENCE re: Complaint by OneSource Distributors, LLC against James Hill Love Jr. - 523(a)(2), 523(a)(4), 523(a)(6)
EH
Docket 1
- NONE LISTED -
Debtor(s):
James Hill Love Jr. Represented By Sundee M Teeple
Defendant(s):
James Hill Love Jr. Pro Se
Joint Debtor(s):
Holli Lynn Love Represented By Sundee M Teeple
Plaintiff(s):
OneSource Distributors, LLC Represented By
Pamela J Scholefield
Trustee(s):
Karl T Anderson (TR) Pro Se
1:30 PM
Adv#: 6:17-01229 FIRST AMERICAN TITLE INSURANCE COMPANY, a Nebraska v. Fazah
PRE-TRIAL CONFERENCE re: Complaint by First American Title Insurance Company, a Nebraska corporation to determine dischargeabiltiy of debt against Mazen Fazah, Amany Saleh - 523(a)(2)
EH
Docket 1
- NONE LISTED -
Debtor(s):
Mazen Fazah Represented By
Stuart G Steingraber
Defendant(s):
Mazen Fazah Pro Se
Amany Saleh Pro Se
Joint Debtor(s):
Amany Saleh Represented By
Stuart G Steingraber
Plaintiff(s):
FIRST AMERICAN TITLE Represented By Jean C Wilcox
1:30 PM
Trustee(s):
Karl T Anderson (TR) Pro Se
1:30 PM
Adv#: 6:18-01065 Fawzy v. Garcia
Hrg on Plaintiff's Motion For Summary Judgment (Cont from 7/18/18)
EH
Docket 6
Tentative for 8/1/18:
The Motion for Summary Judgment is DENIED. An order is pending.
This hearing is VACATED.
Debtor(s):
Lisa M Garcia Represented By Stephen R Wade David N LeGrande
Defendant(s):
Lisa M. Garcia Represented By Stephen R Wade
Plaintiff(s):
Sameh Fawzy Represented By Christopher O Rivas
Trustee(s):
Steven M Speier (TR) Pro Se
1:30 PM
Adv#: 6:18-01065 Fawzy v. Garcia
STATUS CONFERENCE Re: Complaint by Sameh Fawzy against Lisa M. Garcia - 523(a)(2), 523(a)(6).
(Cont. from 7/18/18) EH
Docket 1
Tentative for 8/01/18 is to set the following dates/deadlines:
Discovery cutoff: November 30, 2018 Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: January 15, 2019. Note: this date includes the date by which all non-discovery motions must be heard and resolved.
4. Pretrial conference: March 20, 2019 at 1:30 p.m.
The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may result in the imposition of sanctions, including the striking of the answer and dismissal of the complaint.
****************************************************************************** Tentative for 5/30/18:
The Court has received and reviewed the Joint Status Report filed on 5/16/18 [Dk. 5]. In light of the parties' agreement to postpone discovery pending resolution of Plaintiff's Motion for Summary Judgment, the Court is inclined to set a continued status conference for July 18, 2018 at 10:00 a.m.
The parties are specifically advised to cooperate and follow all local and
1:30 PM
federal rules. The failure to do so may result in the imposition of sanctions, including the striking of the answer and dismissal of the complaint.
Appearances required.
Debtor(s):
Lisa M Garcia Represented By Stephen R Wade David N LeGrande
Defendant(s):
Lisa M. Garcia Represented By Stephen R Wade
Plaintiff(s):
Sameh Fawzy Represented By Christopher O Rivas
Trustee(s):
Steven M Speier (TR) Pro Se
11:00 AM
Hearing RE: Motion For Order Approving Compromise Of Controversy RE: Avoidance, Recovery, And Preservation Of Preferential Transfers RE:
Adversary Case No. 8:15-ap-01425-SC Against Michael W. Ayotte (Motion filed 6/12/18)
(Set per Notice of Hearing filed 6/27/18)
Docket 1224
Tentative for 8/1/18 is to GRANT.
Appearances required.
Debtor(s):
DRI Companies Represented By Todd C. Ringstad
Christopher Minier Brian R Nelson
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays Chad V Haes Kyra E Andrassy Judith E Marshack
Leonard M Shulman Melissa Davis Lowe
11:00 AM
Hearing RE: Motion By Chapter 7 Trustee To Close Case With Unadministered Asset
(Motion filed 6/27/18) (Set per Notice of Hearing filed 7/13/18)
Docket 1227
Tentative for 8/1/18 is to GRANT:
The Motion should be granted since (1) there is little or no risk that the asset being sought (a $28,000 judgment) opens the estate up to liability for violation of the underlying Red Pointe Settlement; (2) there is a definite event that will trigger the re-opening of the case - a settlement agreement between the chapter 7 trustee and Mr. Ayotte; and (3) the asset will take time to obtain.
Appearances required.
Debtor(s):
DRI Companies Represented By Todd C. Ringstad
Christopher Minier Brian R Nelson
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays Chad V Haes Kyra E Andrassy Judith E Marshack
Leonard M Shulman Melissa Davis Lowe
11:00 AM
Adv#: 8:17-01159 Marshack v. American Express Bank FSB et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Turnover And Avoidance Of Preferential Transfers And Recovery Of The Value Of Such Transfers
(Complaint filed 10/7/17) FR: 1-24-18; 4-18-18
Docket 1
Tenative for 8/1/18:
The Court has received and reviewed the unilateral status report filed 7/23/18 [Dk. 12]. This matter is CONTINUED to October 17, 2018 at 10:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
******************************************************************************** Tenative for 4/18/18:
The Court has received and reviewed the unilateral status report filed 4/09/18 [Dk. 10]. This matter is CONTINUED to August 1, 2018 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
************************************************************************** Tentative for 1/24/18:
The Court has received and reviewed the unilateral status report filed in 1/14/18 [Dk. 8], which represents that the Trustee has reached a settlement with two of the three defendants and will seek entry of default and default
11:00 AM
judgment against the third. Accordingly, the status conference is CONTINUED to 4/18/18 at 10:00 a.m.
Appearances are excused.
Debtor(s):
Lilibeth Del Rosario Represented By Mark D Klein
Defendant(s):
American Express Bank FSB Pro Se
JP Morgan Chase Bank Pro Se
Credit First Pro Se
Joint Debtor(s):
Aristotle Perlas Del Rosario Represented By Mark D Klein
Plaintiff(s):
Richard A Marshack Represented By Anerio V Altman
Trustee(s):
Richard A Marshack (TR) Represented By Anerio V Altman
11:00 AM
Adv#: 8:18-01065 Albert-Sheridan v. Farfan et al
Hearing RE: Motion To Dismiss Complaint (Motion filed 5/7/18)
Docket 8
- NONE LISTED -
Debtor(s):
Lenore LuAnn Albert-Sheridan Pro Se
Defendant(s):
Maricruz Farfan Represented By Suzanne C Grandt
Brandon Tady Represented By Suzanne C Grandt
Alex Hackert Represented By
Suzanne C Grandt
Paul Bernardino Represented By Suzanne C Grandt
Yvette Roland Hon. Represented By Suzanne C Grandt
State Bar Of California Represented By Suzanne C Grandt
Plaintiff(s):
Lenore LuAnn Albert-Sheridan Pro Se
11:00 AM
Trustee(s):
Jeffrey I Golden (TR) Pro Se
11:00 AM
Adv#: 8:18-01065 Albert-Sheridan v. Farfan et al
STATUS CONFERENCE Hearing RE: Complaint:
Dischargeability Of Debt;
11 USC Section 525(a) Violation;
42 USC Section 1983 Violation;
Rosenthal/FDCPA;
Bus & Prof Code Sections 6103; 6140.7 and 6086.10 Are Unconstitutional (Complaint filed 4/6/18)
(Set per Order Entered 7/23/18)
Docket 1
- NONE LISTED -
Debtor(s):
Lenore LuAnn Albert-Sheridan Pro Se
Defendant(s):
Maricruz Farfan Represented By Suzanne C Grandt
Brandon Tady Represented By Suzanne C Grandt
Alex Hackert Represented By
Suzanne C Grandt
Paul Bernardino Represented By Suzanne C Grandt
Yvette Roland Hon. Represented By Suzanne C Grandt
State Bar Of California Represented By
11:00 AM
Suzanne C Grandt
Plaintiff(s):
Lenore LuAnn Albert-Sheridan Pro Se
Trustee(s):
Jeffrey I Golden (TR) Pro Se
11:00 AM
Adv#: 8:18-01065 Albert-Sheridan v. Farfan et al
Hearing RE: Debtor's Ex Parte Application For T.R.O. And Order To Show Cause Why A Preliminary Injunction Should Not Issue
(Set per Order Entered 7/25/18)
Docket 29
- NONE LISTED -
Debtor(s):
Lenore LuAnn Albert-Sheridan Pro Se
Defendant(s):
Maricruz Farfan Represented By Suzanne C Grandt
Brandon Tady Represented By Suzanne C Grandt
Alex Hackert Represented By
Suzanne C Grandt
Paul Bernardino Represented By Suzanne C Grandt
Yvette Roland Hon. Represented By Suzanne C Grandt
State Bar Of California Represented By Suzanne C Grandt
Plaintiff(s):
Lenore LuAnn Albert-Sheridan Pro Se
11:00 AM
Trustee(s):
Jeffrey I Golden (TR) Pro Se
10:00 AM
Motion for relief from stay [Personal Property]
Toyota Motor Credit Corporation vs. DEBTOR (Motion filed 6/14/18)
[RE: 2017 Toyota Camry - VIN No.: 4T1BF1FK8HU670238]
[Tele. appr., Austin P. Nagel, repr., Toyota Motor Credit Corporation]
Docket 8
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Blanca Paola Ponce Represented By David R Chase
Trustee(s):
Weneta M Kosmala (TR) Pro Se
10:00 AM
Motion for relief from stay [Personal Property]
American Honda Finance Corporation vs. DEBTORS; And Richard A. Marshack,
Chapter 7 Trustee (Motion filed 7/9/18)
[RE: 2015 Honda Civic - Vin No.: 2HGF B2F9 XFH5 10481]
Docket 8
- NONE LISTED -
Debtor(s):
Timothy Joel Hicks Represented By Halli B Heston
Joint Debtor(s):
Cynthia Rochelle Irvin Represented By Halli B Heston
Trustee(s):
Richard A Marshack (TR) Pro Se
11:00 AM
CONT'D POST-CONFIRMATION STATUS CONFERENCE Hearing RE: (1)
Case Management Conference And (2) Requiring Status Report (Petition filed 2/2/16)
(Post-Confirmation S/C set Per Order Entered on 7/24/17)
FR: 3-31-16; 6-30-16; 9-29-16; 10-20-16; 11-3-16; 12-15-16; 3-16-17; 6-8-17;
6-19-17; 7-24-17; 1-11-18; 6-14-18; 6-28-18
Docket 0
Tentative for 8/02/18:
The Court has received and reviewed the status report filed by the Litigation Trustee Tom Casey on 7/19/18 [Dk. 490]. The post-confirmation status conference is continued to January 24, 2019, at 11:00 a.m.
Appearances excused.
******************************************************************************** Tentative for 1/11/18:
The Court has received and reviewed the status reports filed by the Litigation Trustee Tom Casey on 12/27/17 [Dk. 472] and by the Reorganized Debtor on 12/27/17 [Dk. 473]. The post-confirmation status conference is continued to June 14, 2018, at 11:00 a.m.
Appearances excused.
Debtor(s):
California Hispanic Commission on Represented By
Michael R Totaro
11:00 AM
Linda F Cantor ESQ Victoria Newmark Nancy S Goldenberg
11:00 AM
Hearing RE: Motion Of Clairton Residential Renewal, LLC, For Abandonment Of Three Condemned Units Pursuant To 11 U.S.C. Section 554(a)
(Motion filed 7/12/18)
Docket 538
Updated Tentative for 8/02/18:
Tentative is to GRANT. Appearances required.
********************************************************************************** Tentative for 8/02/18 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok
Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner
11:00 AM
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 7/1/17)
FR: 8-17-17; 1-11-18; 3-8-18; 4-5-18; 5-31-18; 7-12-18
[Tele. appr., Alexander K. Lee, repr., JPMorgan Chase Bank, National Association]
Docket 1
Tentative for 8/02/18:
None listed.
****************************************************************************** Tentative for 5/31/18:
This matter is CONTINUED to July 12, 2018 at 11:00 a.m. to coincide with the hearing on Debtors' Amended Chapter 11 Disclosure Statement. An updated status report is due 14 days in advance.
Appearances excused.
***************************************************************************** Tentative for 4/5/18:
None listed.
************************************************************************************ Tentative for 3/8/18:
This matter is CONTINUED to April 5, 2018 at 11:00 a.m. to coincide with the
11:00 AM
hearing on Debtors' Amended Chapter 11 Disclosure Statement. An updated status report is due 14 days in advance.
Appearances excused.
***************************************************************************** Tentative for 1/11/18:
The Court has received and reviewed the Status Report filed on 12/28/18 [Dk. 130]. The Status Conference is CONTINUED to March 8, 2018, at 11:00 a.m.
Appearances are excused.
******************************************************************************** Tentative for 8/17/17:
The Court has received and reviewed the status report and amended Exhibit A to the status report. The Court is inclined to set the following dates:
The bar date for filing of claims is set for October 20, 2017;
Debtor shall serve Notice of Bar Date to all creditors and parties in interest no later than August 21, 2017;
The deadline to file objections to claims shall be November 30, 2017;
The deadline for the Debtor to file avoidance actions shall be November 30, 2017;
A Disclosure Statement and Plan must be filed on or before December 29, 2017;
A Continued Status Conference shall be held on January 11, 2018, at 11:00 a.m.
Appearances required.
Debtor(s):
Chrestotes, Inc Represented By David A Tilem
11:00 AM
CONT'D Hearing RE: Motion For Order Approving Amended Disclosure Statement
(Motion filed 5/18/18) (Amended D.S. filed 5/18/18) FR: 7-12-18
Docket 203
- NONE LISTED -
Debtor(s):
Chrestotes, Inc Represented By David A Tilem
11:00 AM
Adv#: 8:18-01081 Suzuki Motor of America, Inc. v. Mullion et al
STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debts Under 11 U.S.C. Section 523(a)(2)(A), 523(a)(4), 523(a)(6) And 524(b) (2)
(Complaint filed 5-8-18)
Docket 1
Tentative for 8/2/18 is to set the following dates/deadlines:
Mediation cutoff: October 1, 2018.
Discovery cutoff: All discovery motions must be heard and resolved by November 8, 2018.
Motion cutoff: All non-discovery motions must be heard and resolved by January 10, 2019.
Pretrial conference: February 21, 2019 at 11:00 a.m.
The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may result in the imposition of sanctions, including the striking of the answer and dismissal of the complaint.
Plaintiff is to lodge a scheduling order within 7 days.
Debtor(s):
James M Mullion Represented By Jeffrey B Smith
Defendant(s):
James M Mullion Pro Se
11:00 AM
Bonnie Mullion Pro Se
Plaintiff(s):
Suzuki Motor of America, Inc. Represented By Jasmin Yang
11:00 AM
Hearing RE: Motion For Disqualification Of Judge (Order setting hearing Entered 6-7-18)
[Tele. appr., D. Edward Hays, repr., Richard Marshack]
Docket 92
- NONE LISTED -
Debtor(s):
Jack Richard Finnegan Pro Se
Trustee(s):
Richard A Marshack (TR) Pro Se
11:00 AM
STATUS CONFERENCE Hearing RE: (1) Case Management Conference And
Requiring Status Report (Petition filed 6/6/18)
Docket 0
This matter is VACATED. Debtor's Motion to Dismiss Case [Dk. 19] was granted at the hearing on 7/19/18 at 11:00 a.m. An order is pending.
Appearances are excused. No hearing will be held.
Debtor(s):
West G 410, Inc. Represented By Lionel E Giron
1:30 PM
Hrg. on Debtor's Motion filed 8/8/18 to Use Cash Collateral EH
Docket 5
Debtor(s):
Lovejoy's Family Moving., Inc., dba Represented By
Illyssa I Fogel
1:30 PM
Hrg. on Debtor's Motion filed 8/8/18 (1) Prohibiting utility companies from altering, refusing, or discontinuing service for pre-petition invoices and (2) Establishing procedures for determining requests for additional assurance
EH
Docket 6
Debtor(s):
Lovejoy's Family Moving., Inc., dba Represented By
Illyssa I Fogel
1:30 PM
Hrg. on Debtor's Motion filed 8/8/18 for entry of an order (1) Authorizing the maintenance of bank accounts and continued use of existing business forms and checks, (2) Authorizing the continued use of existing cash management system, and (3) Granting limited relief from the requirements of Bankruptcy code Section 345(b)
EH
Docket 7
Debtor(s):
Lovejoy's Family Moving., Inc., dba Represented By
Illyssa I Fogel
1:30 PM
Hrg. on Debtor's Motion filed 8/8/18 for entry of an order authorizing the Debtor to pay prepetition payroll and to honor prepetiton employment procedures
EH
Docket 8
Debtor(s):
Lovejoy's Family Moving., Inc., dba Represented By
Illyssa I Fogel
10:00 AM
Allen Law Office, Inc - movant attorney Motion for Relief from Stay
Financial Services Vehicle Trust vs. DEBTORS (Motion filed 7/23/18)
Re: 2015 BMW 5 Series Sedan 4D 535i EH
Docket 36
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Angela Denise Peterson Pro Se
Joint Debtor(s):
James Patrick Peterson Pro Se
Trustee(s):
Charles W Daff (TR) Represented By Lynda T Bui
10:00 AM
Melissa Davis Lowe
10:00 AM
Prober & Raphael - movant attorney Motion for relief from stay
Deutsche Bank National Trust Company vs DEBTOR (Motion filed 6/22/18)
RE: 9600 Grans Sandestin Blvd #3022 Miramar Beach, Florida 32550 EH
(Cont. from 7/17/18)
(Tele. appr. Dian Torres-Brito, rep. creditor, Deutsche Bank National Trust Company)
Docket 21
Tentative for 8/14/18:
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
**************************************************************************** Tentative for 7/17/18 is to DENY:
10:00 AM
In paragraph 1.c of the Declaration in Support of the MRAS, the Declarant does not state her position with Carrington Mortgage Services (e.g., "I am employed as/an .... by Carrington Mortgage. "). Thus, the Court is
unable to determine her competency to testify as to the matters stated in the declaration.
Movant's Appraisal is unauthenticated.
Debtor(s):
Michael David Mendonca Represented By Gary H Blaylock
Movant(s):
Deutsche Bank National Trust Co., Represented By
S Renee Sawyer Blume
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
The Wolf Firm - movant attorney Motion for relief from stay
US Bank NA vs DEBTORS
(Motion filed 6/18/18)
RE: 38002 Encanto Road, Murrieta, CA 92563 EH
(Cont. from 7/17/18)
(Tele. appr. Daniel Fujimoto, rep. movant, U.S. Bank National Association)
Docket 19
Tentative for 8/14/18:
Grant pursuant to 11 U.S.C. §362 (d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
**************************************************************************** Tentative for 7/17/18 is to DENY:
Service is improper. The movant did not serve the junior lienholders to the
10:00 AM
attention of an officer, managing or general agent or to any other authorized agent. LBR 4001-1(c)(1)(C) requires service of a motion for relief from stay on the holder of a lien or encumbrance against the subject property that is known to the movant, scheduled by the debtor, or appears in the public record and any other party entitled to receive notice under FRBP 4001. FRBP 4001(a)(1) states a motion for relief from the automatic stay “shall be made in accordance with Rule 9014”. FRBP 9014(b) requires service pursuant to FRBP 7004. FRBP 7004(b)(3) requires that a corporation, partnership or other unincorporated association be served “to the attention of an officer, a managing or general agent, or to any other agent authorized by appointment of law to receive service of process.”
Debtor(s):
Jane B Sharp Represented By
Julie J Villalobos
Joint Debtor(s):
Gerard Louisdhon Represented By Julie J Villalobos
Movant(s):
U.S. Bank National Association, as Represented By
Daniel K Fujimoto Caren J Castle
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for relief from stay
Santander Consumer USA, Inc. vs DEBTORS (Motion filed 7/9/18)
RE: 2015 Kia Optima, VIN KNAGM4A76F5605316
EH
(Tele. appr John Kim, rep. creditor, Santander)
Docket 7
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Michael L. Glover Represented By Patricia M Ashcraft
Joint Debtor(s):
Wendy M. Glover Represented By Patricia M Ashcraft
10:00 AM
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Paul V. Reza - movant attorney Motion for relief from stay
SchoolFirst Federal Credit Union vs. DEBTORS (Motion filed 7/20/18)
RE: 2015 Lexus RX350, Vin 2T2BK1BA4FC328384
EH
Docket 11
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Paul F. Nordmark Represented By Patricia M Ashcraft
Joint Debtor(s):
Christina M. Nordmark Represented By Patricia M Ashcraft
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
11:00 AM
Hrg. on Trustee's Final Report; Applications for Compensation EH
Docket 0
Tentative for 8/14/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Catherine Mary McConnell Represented By
C Scott Rudibaugh
Trustee(s):
Charles W Daff (TR) Represented By Thomas H Casey Kathleen J McCarthy
11:00 AM
Hrg on Trustee's Final Report and Applications for Compensation EH
Docket 29
Tentative for 8/14/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Edward Guerboian Represented By David S Hagen
Joint Debtor(s):
Evelyn Guerboian Represented By David S Hagen
Trustee(s):
Steven M Speier (TR) Pro Se
11:00 AM
Hrg. on Trustee's Final Report; applications for compensation EH
Docket 0
Tentative for 8/14/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Melissa Nicole Hamilton Represented By
Raj T Wadhwani
Trustee(s):
Steven M Speier (TR) Pro Se
11:00 AM
Hrg. on chapter 7 trustee's Motion filed 7/23/18 Objecting To Debtors Homestead Exemption Pursuant To CCP § 704.720
EH
Docket 12
Tentative for 8/14/18 is to SUSTAIN the Trustee's objection.
Debtor has claimed a homestead exemption in the amount of $171,807 under
C.C.P. § 704.720 (which does not, in itself, create an exemption), and has provided no evidence that he is entitled to claim the $175,000 homestead exemption under C.C.P. § 704.730(a)(3).
The Court notes, however, that Debtor appears to be qualified to claim a homestead exemption under either C.C.P. §§ 704.730(a)(1) or (2), and strongly encourages Debtor to consult with the bankruptcy pro se clinic conducted Tuesdays and Thursdays from 10:00 a.m. to 2:00 p.m. at the George E. Brown Federal Courthouse located at 3470 12th St., Riverside, CA 92501, regarding amending his schedules to claim the appropriate exemption amount under the appropriate code section.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
11:00 AM
Debtor(s):
Jesus Michael Rodriguez Pro Se
Trustee(s):
Karl T Anderson (TR) Represented By Robert P Goe
1:30 PM
Hrg. on Post Confirmation Status Conference EH
Docket 66
Tentative for 8/14/18:
The Court has received and reviewed the report filed July 30, 2018 [Dk. 108] and will CONTINUE this matter to November 27, 2018 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
Shawn Maceo Rife Represented By Michael Jones Sara Tidd
Joint Debtor(s):
Shayne Morgan Rife Represented By Michael Jones Sara Tidd
1:30 PM
Hrg. on Chapter 11 Status Conference EH
(Cont. from 5/15/18)
(Tele. appr. Greg Campbell, rep. movant, U.S. Bank National Association)
Docket 0
Tentative for 8/14/18:
None listed.
*************************************************************************** Tentative for 2/20/18:
As of the posting of this tentative, no Status Report has been filed. What is the status of this case?
The Court is inclined to sanction Debtor $100 for failure to timely file a status report as required by the order issued 12/28/17 [Dk. 13].
Debtor(s):
Mario Antonio Garcia Sr. Represented By Michael J Allison
Joint Debtor(s):
Veronica Bolanos Garcia Represented By Michael J Allison
1:30 PM
Hrg on Confirmation of Chapter 11 Plan of Reorganization EH
(Tele. appr. Greg Campbell, rep. movant, U.S. Bank National Association)
Docket 59
Tentative for 8/14/18 is to DENY confirmation and set an order to show cause why this case should not be converted to Chapter 7.
Debtors fail to meet the requirements of their own feasibility analysis described in the Amended Disclosure Statement. Am. Disclosure Statement pg. 23:16–24:12 [Dk. 99]. The feasibility analysis relies on two prongs: (1) whether Debtor will have enough cash on hand on the Effective Date of the Plan to pay all claims and expenses that are entitled to be paid on that date and (2) whether Debtor will have enough cash over the life of the Plan to make the required Plan payments. Id. Debtor has failed to demonstrate that the Plan is feasible on both prongs.
Appearances required.
Debtor(s):
Mario Antonio Garcia Sr. Represented By Michael J Allison
Joint Debtor(s):
Veronica Bolanos Garcia Represented By Michael J Allison
2:00 PM
Adv#: 8:18-01140 LQ Management LLC et al v. Maxey et al
Hearing RE: Motion For Injunction To Stay Writ Of Possession; Preliminary Injunction; Jury Demand
(Motion Filed 8/14/18)
(Tele. Appr.: Artin Avetisove, repr. Creditor LQ Management, LLC)
Docket 5
- NONE LISTED -
Debtor(s):
Anthony Jerome Maxey Pro Se
Defendant(s):
Anthony Maxey Pro Se
Kimberly Turner Pro Se
Plaintiff(s):
LQ Management LLC Represented By Artin Avetisove
LeClairRyan LLP Represented By Artin Avetisove
Trustee(s):
Karen S Naylor (TR) Pro Se
1:30 PM
Adv#: 6:17-01116 Cisneros v. Tran
Hrg on Plaintiff's Motion for Summary Judgment, or in the Alternative, Adjudication of Certain Issues Against Kim Tran
EH
Docket 36
NONE LISTED -
NONE LISTED -
Debtor(s):
Kim Han Do Represented By
Michael G Spector
Defendant(s):
Kim Tran Represented By
David Wood
J Scott Williams
Movant(s):
Arturo Cisneros (TR) Represented By Thomas H Casey Steve Burnell Kathleen J McCarthy
Plaintiff(s):
Arturo Cisneros Represented By Thomas H Casey
1:30 PM
Trustee(s):
Arturo Cisneros (TR) Represented By Thomas H Casey Kathleen J McCarthy
1:30 PM
Adv#: 6:17-01116 Cisneros v. Tran
Hrg on Defendant's Application to Approve Stipulation to Modify Filing Dates for Opposition
EH
Docket 42
NONE LISTED -
NONE LISTED -
Debtor(s):
Kim Han Do Represented By
Michael G Spector
Defendant(s):
Kim Tran Represented By
David Wood
J Scott Williams
Movant(s):
Kim Tran Represented By
David Wood
J Scott Williams
Plaintiff(s):
Arturo Cisneros Represented By Thomas H Casey
1:30 PM
Trustee(s):
Arturo Cisneros (TR) Represented By Thomas H Casey Kathleen J McCarthy
1:30 PM
Adv#: 6:18-01126 Speier, Chapter 7 Trustee of the Estate of Stacey v. Kinsella et al
STATUS CONFERENCE RE: Complaint by Steven Speier, Chapter 7 Trustee of the Estate of Stacey L. Alvarez against Thomas Kinsella, Michael Reilly, as Trustee of the Reilly Family Living Trust Dated June 17, 2017; Nature of Suit: (12 (Recovery of money/property - 547 preference)),(31 (Approval of sale of property of estate and of a co-owner - 363(h))),(11 (Recovery of money/property - 542 turnover of property))
EH
Docket 1
NONE LISTED -
NONE LISTED -
Debtor(s):
Stacey L. Alvarez Represented By Keith Q Nguyen
Defendant(s):
Thomas Kinsella Pro Se
Michael Reilly, as Trustee of the Pro Se
Plaintiff(s):
Steven Speier, Chapter 7 Trustee of Represented By
Arturo M Cisneros
Trustee(s):
Steven M Speier (TR) Represented By
1:30 PM
Arturo M Cisneros Christina J O
1:30 PM
Adv#: 6:17-01113 Buccat-Verlingo et al v. Buccat
STATUS CONFERENCE re: Complaint filed 6-6-17 to determine dischargeability of debt based on: (1) The debtor obtaining real property from the plaintiffs by fraud (11 U.S.C. Section 523(a)(2)(A)); Unjust rerichment; constructive trust; resulting trust; declaratory relief
(Cont. from Judge Jury's calendar)
Docket 1
NONE LISTED -
NONE LISTED -
Debtor(s):
Mae P. Buccat Represented By Todd L Turoci
Defendant(s):
Mae P. Buccat Represented By Todd L Turoci
Plaintiff(s):
Christy Buccat-Verlingo Represented By Michael Malafouris Todd L Turoci
Robert Verlingo Represented By Michael Malafouris
1:30 PM
Trustee(s):
Karl T Anderson (TR) Pro Se
1:30 PM
Adv#: 6:17-01183 Adair v. Vargas, Jr.
Hrg. on Plaintiff's Motion filed 5/2/18 for Default Judgment (Cont. from 7/11/18)
EH
Docket 34
NONE LISTED -
Tentative for 8/15/18 is to GRANT in part and DENY in part the Motion for Default Judgment.
The Court has received and reviewed the additional evidence filed on 7/11/18 [Dk. 39] for the Motion for Default Judgment. Plaintiff has filed the underlying state court complaint and resulting default judgment that provides adequate evidence of the debt owed. The award of punitive damages indicates that the state court necessarily decided that Plaintiff was entitled to damages of
$100,000 based on fraud. Thus, as set forth below, Plaintiff is entitled to a determination that the $100,000 in punitive damages based on principles of issue preclusion. However, it is not clear from the State Court Judgment or Complaint that the State Court necessarily determined fraud in awarding the damages, prejudgment interest, attorney’s fees, and costs (collectively, "Compensatory Damages"). Thus, Plaintiff is not entitled to default judgment that the Compensatory Damages portion of the State Court Judgment is non- dischargeable based on issue preclusion principles. Plaintiff further has not provided sufficient evidence that the Compensatory Damages arose from fraud to allow this Court to independently determine that the Compensatory Damages arose from fraud and grant default judgment on that basis under § 523(a)(2)(A). Finally, the State Court Judgment provides no basis for a determination of willful and malicious injury, and Plaintiff has not provided
1:30 PM
sufficient evidence that the injury was willful and malicious, to allow this Court to grant default judgment under § 523(a)(6).
Legal Standards
In determining whether to grant default judgment, courts generally take the well-pleaded factual allegations as true. E.g. Benny v. Pipes, 799 F.2d 489, 495 (9th Cir.1986) cert. denied, 484 U.S. 870, 108 S.Ct. 198, 98 L.Ed.2d 149
(1987). "However, necessary facts not contained in the pleadings, and claims which are legally insufficient, are not established by default." Cripps v. Life Ins. Co. of N. Am., 980 F.2d 1261, 1267 (9th Cir. 1992). Moreover, the Court has wide discretion under Rule 55 to consider whether the evidence presented supports a claim and warrants judgment for the plaintiff. See Wells Fargo Bank v. Beltran (In re Beltran), 182 B.R. 820, 823–24 (9th Cir. BAP 1995). Bankruptcy courts frequently require prove up hearings where a motion for default judgment is filed in a § 523 non-dischargeability proceeding. See id. at 823.
For the Court to conclude that any debt owed to a plaintiff by a debtor is nondischargeable, the plaintiff must first show that he holds a valid claim against the debtor. If successful, the Plaintiff must then demonstrate how and why that claim is nondischargeable under the Bankruptcy Code. As explained by the United States Supreme Court, "[t]he validity of a creditor's claim is determined by rules of state law. Since 1970, however, the issue of nondischargeability has been a matter of federal law governed by the terms of the Bankruptcy Code." Grogan v. Garner, 498 U.S. 279, 283-84 (1991) (internal citations omitted).
The principal purpose of the Bankruptcy Code is to grant a "fresh start" to the "honest but unfortunate debtor." Marrama v. Citizens Bank of Mass., 549 U.S. 365, 367 (2007); Grogan v. Garner, 498 U.S. 279, 286, 287 (1991). As the
Ninth Circuit Court of Appeals stated: "Because a fundamental policy of the Bankruptcy Code is to afford debtors a fresh start, 'exceptions to discharge should be strictly construed against an objecting creditor and in favor of the debtor.’" In re Scheer, 819 F.3d 1206, 1209 (9th Cir. 2016) (citing Snoke v. Riso (In re Riso), 978 F.2d 1151, 1154 (9th Cir.1992); see also, In re Kidd, 219 B.R. 278, 282 (Bankr. D. Mont. 1998).
1:30 PM
Standard re Issue Preclusion
Principles of issue and claim preclusion apply to non-dischargeability proceedings under § 523. See Grogan v. Garner, 498 U.S. 279, 286, 284,
n.11 (1991). Under California law, a previous judgment is entitled to preclusive effect a default judgment may be entitled to preclusive effect if the following requirements are met:
First, the issue sought to be precluded from relitigation must be identical to that decided in a former proceeding. Second, this issue must have been actually litigated in the former proceeding. Third, it must have been necessarily decided in the former proceeding. Fourth, the decision in the former proceeding must be final and on the merits. Finally, the party against whom preclusion is sought must be the same as, or in privity with, the party to the former proceeding.
In re Cantrell, 329 F.3d 1119, 1123 (9th Cir. 2003) (citing In re Harmon, 250
F.3d 1240, 1245 (9th Cir.2001)).
Default judgments may be entitled to preclusive effect where the defendant was personally served with the summons and an express finding was made. In re Harmon, 250 F.3d at 1247 Where a default judgment contains no express findings, such as the one at hand, the issue may still be entitled to preclusive effect as issue actually litigated if it was "necessarily decided." Id.; In re Cantrell, 329 F.3d 1119, 1125 (9th Cir. 2003) (finding that punitive damages award indicated that fraud had necessarily been determined because "Under California law, a plaintiff may recover punitive damages ‘[i]n an action for the breach of an obligation not arising from contract’ upon a finding of ‘oppression, fraud, or malice,’" and based on the record before the prior court, the punitive damages could only have been based on claims that the defendant acted fraudulently).
Standard for § 523(a)(2)(A)
§ 523(a)(2)(A) provides that a debt for money, property, services, or an extension, renewal, or refinancing of credit will not be discharged to the extent
1:30 PM
obtained by "false pretenses, a false representation, or actual fraud, other than a statement respecting the debtor's or an insider's financial condition." 11 U.S.C. § 523(a). A promise to perform acts in the future that is subsequently breached is not, by itself, a fraudulent representation that can give rise to a conclusion of nondischargeability under either path of § 523(a) (2)(A). For instance, the promise to timely pay, or to provide a deed of trust as security, in of itself, is not a fraudulent representation.
For a debtor's representation to be a "false representation or false pretense," it must have been "(1) a knowing and fraudulent falsehood, (2) describing past or current facts, (3) that was relied upon by the other party." RecoverEdge v. Pentecost, 44 F.3d 1284, 1292-93 (5th Cir. 1995) (citations
omitted); see also Field v. Mans, 516 U.S. 59, 73-75 (1995). A debtor's misrepresentations of his intention to repay a debt may constitute a false representation within the meaning of the dischargeability provision if, when the representation is made, the debtor has no intention of performing as promised.
Standard for § 523(a)(6)
11 U.S.C. §523(a)(6) excepts from discharge debts resulting from willful and malicious injury by a debtor to another entity and states in relevant part, "for willful and malicious injury by the debtor to another entity or to the property of another entity..." To prevail under this section a party must prove three elements: 1) willful conduct, 2) malice, and 3) causation. The malicious injury requirement is separate from the willful injury requirement. Carillo v. Su (In re Su), 290 F.3d 1140, 1146-47 (9th Cir. 2002); Albarran v. New Form, Inc. (In re Barboza), 545 F.3d 702, 705 (9th Cir. 2008).
A "willful" injury is a "deliberate or intentional injury, not merely a deliberate or intentional act that leads to injury." In re Barboza, 545 F.3d 702, 706 (9th Cir. 2008). The defendant must intend both the act and the consequences of the act. Kawaauhau v. Geiger, 523 U.S. 57, 61(1998). "§ 523(a)(6)'s willful injury requirement is met only when the debtor has a subjective motive to inflict injury or when the debtor believes that injury is substantially certain to result from his own conduct." In re Ormsby, 591 F.3d 1199, 1206 (9th Cir. 2010) (citing Carrillo v. Su (In re Su), 290 F.3d 1140, 1142 (9th Cir.2002))
1:30 PM
"A malicious injury involves (1) a wrongful act, (2) done intentionally, (3) which necessarily causes injury, and (4) is done without just cause or excuse." In re Ormsby, 591 F.3d 1199, 1207 (9th Cir. 2010).
Neither simple nor intentional breach of contract is the type of injury intended to be covered by § 523(a)(6). In re Jercich, 238 F.3d 1202, 1205 (9th Cir.
2001) (noting intentional breach of contract must be accompanied by tortious conduct that results in a willful and malicious injury).
Analysis
Here, Plaintiff has provided evidence of a claim against the Debtor through the underlying state court complaint filed on July 29, 2016 ("State Court Complaint") and resulting default judgment entered April 7, 2017 ("Judgment"). The State Court Complaint is for (1) common count for money lent, (2) fraud, (3) negligence, (4) nonpayment of straight note, and (5) breach of contract ("State Court Complaint"). The Judgment is for $240,158.29, broken down as follows: (1) $50,000 in damages, (2) $84,616.44 in prejudgment interest at an annual rate of 10%, (3) $5,046.16 in attorneys' fees, (4) $495.69 in costs, (collectively, "Compensatory Damages") and (5)
$100,000 in punitive damages.
The question then is whether Plaintiff has provided sufficient evidence for the Court to determine, at the default judgment stage, that the claim is non- dischargeable under § 523(a)(2)(A) or § 523(a)(6).
Analysis re § 523(a)(2)(A)
As noted above, under California law, punitive damages may be awarded "‘[i] n an action for the breach of an obligation not arising from contract’ upon a finding of ‘oppression, fraud, or malice.’" E.g., In re Cantrell, 329 F.3d 1119, 1125 (9th Cir. 2003). While the Judgment makes no express findings, the only cause of action plead in the State Court Complaint that could result in punitive damages is the fraud claim. Thus, the State Court must necessarily have determined fraud and based the punitive damages award on fraud. The elements necessary for a court to find fraud under California state law also satisfy § 523(a)(2)(A), and thus issue preclusion applies. Therefore, Plaintiff
1:30 PM
has carried his burden and established that he is entitled to default judgment that the $100,000 punitive damages award is non-dischargeable under § 523(a)(2)(A).
However, it is impossible to tell what, if any percentage of the remainder of the Judgment, the Compensatory Damages portion of the Judgment is based on "fraud" as opposed to any of the other causes of action pled. There is simply no evidence that the Compensatory Damages were awarded for fraudulent conduct. The Plaintiff does not provide enough evidence for the Court to independently determine the Compensatory Damages were based on fraud and not, for example, simple breach of contract. Therefore, Plaintiff has not carried his burden and established that he is entitled to default judgment that the Compensatory Damages award is non-dischargeable under
§523(a)(2)(A).
Analysis re § 523(a)(6)
As to § 523(a)(6), the Judgment does not contain any express findings of willful and malicious injury, and there is no indication that the State Court necessarily determined a willful and malicious injury had occurred. Further, Plaintiff does not provide any evidence of conduct that that would arise to "willful and malicious injury." Therefore, Plaintiff has not carried his burden and established that he is entitled to default judgment that the Judgment is non-dischargeable under §523(a)(6).
Conclusion
For the foregoing reasons, the Court GRANTS default judgment under
§ 523(a)(2)(A) with respect to the punitive damages in the amount of § 100,000. Default judgment on all other aspects of the Complaint is DENIED .
Appearances required.
********************************************************************************** Tentative for 7/11/18 is to CONTINUE this matter to August 15, 2018 at 1:30
1:30 PM
p.m. for the following reasons.
Bankruptcy courts do not have to accept the allegations in the complaint as true, and are provided the discretion to require proof of the facts necessary to determine a valid claim for relief against the defaulting parties. In re Beltran, 182 B.R. 820, 823 (B.A.P. 9th Cir. 1995). Having reviewed the evidence and arguments presented, the Court has determined that Plaintiff has not provided sufficient evidence to support his claims under 11 U.S.C. §§ 523(a) (2)(A) and 523(a)(6). Plaintiff failed to attach to the adversary complaint or his motion for default judgment any evidence to substantiate the claims made in the complaint such (1) a copy of the state court judgment, (2) the state court complaint, (3) any pleadings in the state court complaint that address fraud or willful and malicious injury, or (4) any additional loan documents between Plaintiff and Debtor.
The Court will thus CONTINUE this matter to August 15, 2018 at 1:30 p.m. to allow Plaintiff to provide additional pleadings and evidence in support of his claims. Supplemental pleadings and evidence must be filed no later than August 1, 2018.
Appearances for the hearing on July 11, 2018 are excused.
Debtor(s):
Marco Antonio Vargas Jr. Represented By Mike Sethi
Defendant(s):
Marco Antonio Vargas Jr. Pro Se
Plaintiff(s):
Robert Adair Represented By
Tyler H Brown
1:30 PM
Trustee(s):
Arturo Cisneros (TR) Pro Se
1:30 PM
Adv#: 6:17-01183 Adair v. Vargas, Jr.
STATUS CONFERENCE re: Complaint by Robert Adair, Marco Antonio Vargas Jr. against Marco Antonio Vargas Jr. -523(a)(2), 523(a)(6)
(Cont. from 7/11/18) EH
Docket 1
NONE LISTED -
Tentative for 8/15/18:
Plaintiff should be prepared to discuss how he wishes to proceed in the case in light of the Court’s tentative to deny the Motion for Default Judgment.
Appearances required.
*************************************************************************** Tentative for 7/11/18:
This matter is CONTINUED to 8/15/18 at 1:30 p.m. to coincide with the continued hearing on Plaintiff's Motion for Default Judgment.
Appearances are excused.
*************************************************************************** Tentative for 5/16/18:
This matter is CONTINUED to 7/11/18 at 1:30 p.m. to coincide with the
1:30 PM
hearing on the motion for default judgment. Appearances are excused.
**************************************************************************** Tentative for 2/07/18:
The Court has received and reviewed the status report filed on 1/31/17 [Dk. 26]. This matter is CONTINUED May 16, 2018 at 1:30 p.m. to allow Plaintiff to obtain entry of default and file a motion for default judgment. Any motion for default judgment must be supported by appropriate evidence.
A status report is due 14 days in advance. Appearances are excused.
**************************************************************************** Tentative for 11/15/17:
The Court has not received a status report for this matter and is inclined to sanction counsel $150.00.
The Court is also inclined to CONTINUE this matter to February 7, 2018 at 1:30 p.m. A status report is due 14 days in advance. Plaintiff is to file the motion for default judgment by no later than January 10, 2018 and set it for hearing on February 7, 2018 at 1:30 p.m. The motion for default judgment must be supported by appropriate evidence.
The failure to meet these deadlines may result in the imposition of monetary or non-monetary sanctions.
Appearances are required.
Plaintiff is to lodge an order within seven (7) days.
1:30 PM
Debtor(s):
Marco Antonio Vargas Jr. Represented By Mike Sethi
Defendant(s):
Marco Antonio Vargas Jr. Pro Se
Plaintiff(s):
Robert Adair Represented By
Tyler H Brown
Trustee(s):
Arturo Cisneros (TR) Pro Se
1:30 PM
Adv#: 6:18-01120 Speier v. Pignone et al
STATUS CONFERENCE re: Complaint by Steven M Speier against Francis A Pignone, Maria Haydee Pignone. (Charge To Estate $350). Complaint: (1) For Denial of Discharge Pursuant to 11 U.S.C. Section 727(a)(2)(A); (2) For Denial of Discharge Pursuant to 11 U.S.C. Section 727(a)(4)(A); (3) For Denial of Discharge Pursuant to 11 U.S.C. Section 727(a)(5); and (4) For Denial of Discharge Pursuant to 11 U.S.C. Section 727(a)(6)(C) Nature of Suit: (41 (Objection / revocation of discharge - 727(c),(d),(e))) (Goe, Robert)
EH
Docket 1
NONE LISTED -
NONE LISTED -
Debtor(s):
Francis A Pignone Represented By
David A Akintimoye
Defendant(s):
Francis A Pignone Pro Se
Maria Haydee Pignone Pro Se
Joint Debtor(s):
Maria Haydee Pignone Represented By
David A Akintimoye
1:30 PM
Plaintiff(s):
Steven M Speier Represented By Robert P Goe
Trustee(s):
Steven M Speier (TR) Represented By Robert P Goe
10:00 AM
Adv#: 8:18-01097 King v. Greene
STATUS CONFERENCE Hearing RE: Complaint:
To Determine Dischargeability Of Darrin Bradford Greene's Debt To Zetta Jet USA, Inc. And Zetta Jet PTE, Ltd. Pursuant To Bankruptcy Code Section 523(a)(4) And 523(a)(6); And
For Willful Violation Of The Automatic Stay (Complaint filed 5/29/18)
Docket 1
- NONE LISTED -
Tentative for 8/15/18:
The Court has received and reviewed the Status report filed 8/1/18 [Dk. 4], which represents that the Parties have entered into a settlement agreement and require additional time to execute and file the settlement. Accordingly, this matter is CONTINUED to 10/17/18 at 10:00 a.m. as a holding date.
Appearances are excused.
Debtor(s):
Darrin Bradford Greene Represented By Michael N Nicastro
Defendant(s):
Darrin Bradford Greene Pro Se
Plaintiff(s):
Jonathan D. King Represented By Robbin L. Itkin
10:00 AM
Trustee(s):
Richard A Marshack (TR) Pro Se
11:00 AM
Hearing RE: Trustee's First Omnibus Motion Objecting To Claims: (Motion filed 7/9/18)
Claim No.: 3-1 Caliper Management, Inc. $1,770.00 Claim No.: 8-1 McFadden-Dale Industrial Hardware LLC $2,500.63 Claim No. 17-1 HD Supply dba White Cap Supply $67,318.71 Claim No. 54-1 Carquest Auto Parts
$204.37
Docket 1233
- NONE LISTED -
Tentative for 8/15/18 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
DRI Companies Represented By Todd C. Ringstad
Christopher Minier Brian R Nelson
11:00 AM
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays Chad V Haes Kyra E Andrassy Judith E Marshack
Leonard M Shulman Melissa Davis Lowe
11:00 AM
Hearing RE: Trustee's Second Omnibus Motion Objecting To Claims: (Motion filed 7/9/18)
Claim No. 57 United Site Services Of California, Inc. $1,422.20 Claim No. 58 United Site Services Of California, Inc. $179.05 Claim No. 60 Aaron S. Stafford $20,892.00
Docket 1234
- NONE LISTED -
Tentative for 8/15/18 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
DRI Companies Represented By Todd C. Ringstad
Christopher Minier Brian R Nelson
Trustee(s):
Richard A Marshack (TR) Represented By
11:00 AM
D Edward Hays Chad V Haes Kyra E Andrassy Judith E Marshack
Leonard M Shulman Melissa Davis Lowe
11:00 AM
Adv#: 8:17-01108 Marshack v. Mugar et al
Hearing RE: Order To Show Cause Why The Court Should Not Strike Defendants' Answer And Enter Default Due To Defendants' Failure To Attend The Status Conference And Participate In The Preparation Of A Joint Status Report As Required By Local Bankruptcy Rule 7016-1(a)
(Set per Order Entered 7-12-18)
Docket 0
- NONE LISTED -
Tentative for 8/15/18:
A response to the OSC entered 7/12/18 [Dk. 52] was due on 8/1/18. While Defendant's Counsel appears to have participated in the status report filed 7/31/18 [Dk. 57], no response to the OSC has been filed, and no explaination has been offered for Defendant's Counsel's failure to participate in the previous status report or to appear at the status conference held on July 11, 2018 at 11:00 a.m.
Appearances required.
Debtor(s):
Bradley B Mugar Represented By Parisa Fishback John Edwards
Defendant(s):
Bradley B Mugar Represented By John Edwards
11:00 AM
Sandra Mugar Represented By John Edwards
Joint Debtor(s):
Susan E Mugar Represented By Parisa Fishback John Edwards
Plaintiff(s):
Richard A. Marshack Pro Se
Trustee(s):
Richard A Marshack (TR) Represented By Michael G Spector
11:00 AM
Adv#: 8:17-01108 Marshack v. Mugar et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt And/Or To Deny A Discharge
(Complaint filed 6/26/17) (PTC set at S/C held 9/13/17)
(S/C set per Order Entered 5-25-18) FR: 9-13-17; 5-30-18; 7-11-18
Docket 1
- NONE LISTED -
Tentative for 8/15/18 is to set the following dates/deadlines:
Discovery cutoff: January 15, 2019. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: February 28, 2019. Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial conference: March 20, 2019 at 11:00 a.m.
The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may result in the imposition of sanctions, including the striking of the answer and dismissal of the complaint.
Plaintiff is to lodge a scheduling order within 7 days.
******************************************************************************** Tentative for 7/11/18:
11:00 AM
On 6/5/18, the Court entered an order, inter alia, setting this status conference and requiring a status report to be filed 14 days in advance. As of the posting of this tentative, no status report has been filed. The Court notes that Mr. Spector filed a Declaration in support of a Unilateral Stats Report on 7/5/18 [Dk. 51], but no Unilateral Status Report was filed. Attaching the proposed joint status report that was sent to Defendant's counsel does not comply with LBR 7016-1(a)(3).
Appearances required.
Debtor(s):
Bradley B Mugar Represented By Parisa Fishback John Edwards
Defendant(s):
Bradley B Mugar Represented By John Edwards
Sandra Mugar Represented By John Edwards
Joint Debtor(s):
Susan E Mugar Represented By Parisa Fishback John Edwards
Plaintiff(s):
Richard A. Marshack Pro Se
Trustee(s):
Richard A Marshack (TR) Represented By Michael G Spector
11:00 AM
Hearing RE: Order To Show Cause Why This Case Should Not Be Dismissed For Lack Of Counsel
(Set per Order Entered 7/19/18)
Docket 0
- NONE LISTED -
Tentative for 8/15/18 is to DISMISS the case for lack of counsel, unless Debtor demonstrates at the hearing that it has retained counsel.
Debtor(s):
Squeezology Corp Represented By
Luis E Vasquez - BK SUSPENDED -
Trustee(s):
Weneta M Kosmala (TR) Pro Se
11:00 AM
CONT'D Motion for relief from stay [Real Property]
The Bank Of New York Mellon Trust Company, National Association fka The Bank Of New York Trust Company, N.A. As Successor To JPMorgan Chase Bank N.A., As Trustee For Residential Asset Mortgage Products, Inc., GMACM Mortgage Loan Trust 2006-AR2 vs. DEBTOR
(Motion filed 6/5/18)
[RE: 3328 East Copper Kettle Way, Orange, California 92867]
FR: 7-12-18
Docket 16
- NONE LISTED -
Tentative for 8/15/18:
The Court has received and reviewed the Declaration of Donald W. Sieveke re: Status of Escrow filed on 8/8/18 [Dk. 39], which represents that the sale escrow has closed and the Movant's mortgage has been fully satisfied.
Accordingly, the tentative is to DENY the Motion for Relief from Stay.
Appearances are excused. Trustee's counsel is to lodge an order within seven (7) days.
********************************************************************************** Tentative for 7/12/18:
At the hearing on 7/11/18, the Court granted the Trustee's Motion to Sell Property of the Estate filed on 6/18/18 [Dk. 18], approving the sale of the real property located at 3328 E. Copper Kettle Way, Orange, CA ("Property"),
11:00 AM
which is the subject of this Motion for Relief from Stay. At the hearing, Counsel for the Trustee represented that he anticipates a short escrow and sale of the Property, from which Movant's lien will be paid in full.
In light of the foregoing, this matter is CONTINUED to August 15, 2018, at 11:00 a.m. The Chapter 7 Trustee is to file a status report on the status of the sale of the Property and payment to Movant no later than August 8, 2018.
Appearances are excused.
Debtor(s):
Nitikorn Thipavong Represented By
Catherine Christiansen
Trustee(s):
Richard A Marshack (TR) Pro Se
1:30 PM
Hrg on City of San Bernardino's Seventh Omnibus Objection to Claims Where the City Has No Liability to Claim Number by Claimant Casey Jackson, A.J.L. through counsel Steven Hilst, A.L. through his guardian, Valerie Barajas, Jose Lopez, Frank Mansfield, Guadalupe Masih, Douglas Ivan Membreno Morales, Marla Xiomara Morales, Randall Ali Rayo Morales Morales, Rudy Alberto Rayo Morales, Estate of Paul Navarette, Noe Ramos, Jerry Alex Rayo, Marlo Enrique Rayo Jr., Anna Robinson, Christian Meza Rosales, Benjamin Salazar, Robert Schaefer, Melissa Williams
EH
(Tele. appr. Jeremy Rophstein, rep. debtor, City of San Bernardino)
Docket 2546
Tentative for 8/16/18 is to SUSTAIN the objections and DISALLOW the claims in the Seventh Omnibus Objection to Claims [Dk. 2546] except as follows:
The Objection as to the Claim of Guadalupe Masih is CONTINUED to 9/20/18 at 1:30 p.m.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
City of San Bernardino, California Represented By
Paul R. Glassman
1:30 PM
Fred Neufeld Laura L Buchanan
1:30 PM
Hrg on City of San Bernardino's Eighth Omnibus Objection to Claims Where the City Has No Liability to Claim Number by Claimant Sandra Rosetti; Victor Rosetti; Recovery Services International; Inc. as subrogee of Chun Chang; Roberto Ruiz and Alma Murgas; individually and as successors in interest and executors for the Estate of the Decedent R.R.; Edgar Sanchez; Biren Shah; Dharmesh Shah; Estate of Falguni Shah; Freya Shah; I.S.; by and through her parent Dharmesh Shah; Jyotsna Shah; Mantra Shah; Nitin Shah; Estate of Veena Shah; Z.S.; by and through his parent Dharmesh Shah; Jerry Smith; Sharon Stanfield; David Stroud; and Estate of Jeffery Thomas, Charles Thomas, Anthony Thomas, Chanel Thomas, Christine Thomas, Jeffery Thomas II, Helesha Thomas, Adrienne Thomas
EH
(Tele. appr. Jeremy Rophstein, rep. debtor, City of San Bernardino)
Docket 2550
Tentative for 8/16/18 is to SUSTAIN the objections and DISALLOW the claims in the Eighth Omnibus Objection to Claims [Dk. 2550].
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
City of San Bernardino, California Represented By
Paul R. Glassman
1:30 PM
Fred Neufeld Laura L Buchanan
1:30 PM
Hrg on City of San Bernardino's Ninth Omnibus Objection to Claims (1) Where the City Has No Liability and (2) Claimants Failed to Comply with the ADR Procedures to Claim Number by Claimant Yvonne Banda, Joseph Bennett, Prabin Bishoyi, Jovita Calderon, Melissa Chavez, Veronica Contreras, Brian Gastelum, Maria Guzman, Julian Hernandez, Jerry Holloway, Nuvia Lugo, Jen Ngo, Suu Ngo, Luis Ramirez, Nissa Ruiz, Guadalupe Sanchez, Isabel Serrano, State Farm Insurance, A/S/O William Weathers, Gilbert Daniel Vallejo
EH
(Tele. appr. Jeremy Rophstein, rep. debtor, City of San Bernardino)
Docket 2554
Tentative for 8/16/18 is to SUSTAIN the objections and DISALLOW the claims in the Ninth Omnibus Objection to Claims [Dk. 2554] except as follows:
With respect to the claims filed by Yvonne Banda, Veronica Contreras, and Nuvia Lugo (see Declaration of Laura Buchanan, Dk. 2555, Ex. 1), the Court notes that service was made on these Claimants at the address for the attorney for an underlying state court action. The Court is unable to ascertain whether this address is the appropriate address for service, as there is no indication as to whether counsel also represents the Claimants for claim objection purposes, and these Claimants were served at no other address.
Accordingly, the Objection as to the Claims of Yvonne Banda, Veronica Contreras, and Nuvia Lugo is CONTINUED to 9/20/18 at 1:30 p.m. to allow Movant to file a statement or supplemental proof of service explaining why service is proper for these claimants. Appearances are excused with respect to this claim.
With respect to the claim filed by State Farm Insurance A/S/O William Weathers, service is improper because the movant did not serve the claimant to the attention of an officer, managing or general agent or to any
1:30 PM
other authorized agent. LBR 3007-1(b)(2) requires service "on the claimant at the address disclosed by the claimant in its proof of claim and such other addresses and upon such parties as may be required by FRBP 7004 and other applicable rules." (emphasis added). FRBP 7004(b)(3) requires that a corporation, partnership or other unincorporated association be served “to the attention of an officer, a managing or general agent, or to any other agent authorized by appointment of law to receive service of process.” Where the address listed on the proof of claim differs from or does not comply with FRBP 7004, as stated on the Court's website, this Court requires the claim objection to be served on both addresses. The Objection as to this claim is CONTINUED to September 20, 2018, at 1:30 p.m. to allow Movant to effect proper service. Appearances are excused with respect to this claim.
With respect to the claims of Joseph Bennett and Guadalupe Sanchez, the Court notes that the Claimants filed an Opposition on 8/2/18 [Dk. 2573], and the Reply filed 8/9/18 [Dk. 2579] represents that these claimants have notified the Movant in writing that they have accepted the settlement offer made during the course of ADR procedures. However, Movant has neither withdrawn the claim objection nor submitted a written agreement for Court approval. Accordingly, the Objection as to the claims of Guadalupe Sanchez and Joseph Bennet is CONTINUED to September 20, 2018, at 1:30 p.m. to allow Movant to withdraw the objection, file a stipulation, or otherwise resolve the Objection as to these two claims. Appearances are excused with respect to these claims.
With respect to the claims not specificially listed above, this matter appears to be uncontested. Accordingly, no court appearance by Movant is required.
Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
City of San Bernardino, California Represented By
Paul R. Glassman
1:30 PM
Fred Neufeld Laura L Buchanan
1:30 PM
Hrg on Tenth Omnibus Objection of the City of San Bernardino to Proofs of Claim that are Inconsistent with the City's Books and Records to Claim Number by Claimant California Professional Engineering Inc., Chartis Specialty Insurance Company, Lexington Insurance Company, National Union Fire Insurance Company of Pittsburgh, Pa., and certain other subsidiaries of AIG Property Casualty, Inc., CitizensTrust, Lewis Brisbois Bisgaard & Smith LLP, Loma Linda Village, Los Angeles Engineering, Inc., Jeffrey J. Lotspeich, McMaster Carr, Mumtaz A. Ali, M.D., Patricia Johnson, Patricia Oshita, PFPS, Inc., Springbrook Software, Inc., Miguel Vargas
EH
(Tele. appr. Jeremy Rophstein, rep. debtor, City of San Bernardino)
Docket 2559
Tentative for 8/16/18 is to SUSTAIN the objections and DISALLOW the claims in the Tenth Omnibus Objection to Claims [Dk. 2559] except as follows:
With respect to Claim No. 1 filed by McMaster Carr, service is improper because the movant did not serve the claimant to the attention of an officer, managing or general agent or to any other authorized agent. LBR 3007-1(b)
requires service "on the claimant at the address disclosed by the claimant in its proof of claim and such other addresses and upon such parties as may be required by FRBP 7004 and other applicable rules." FRBP 7004(b)(3) requires that a corporation, partnership or other unincorporated association be served “to the attention of an officer, a managing or general agent, or to any other agent authorized by appointment of law to receive service of process.” Where the address listed on the proof of claim differs from or does not comply with FRBP 7004, as stated on the Court's website, this Court requires the claim objection to be served on both addresses. The Tenth Omnibus Objection is CONTINUED to September 20, 2018, at 1:30 p.m.
1:30 PM
with respect to Claim No. 1 by McMaster Carr to allow Movant to effect proper service. Appearances are excused with respect to this claim.
For the following claims, the Movant redacted the address on the proof of service and/or on the claim attached to the Declaration of Marianne S. Mortimer:
Miguel Vargas, Claim No. 179; Patricia Oshita, Claim No. 258; and Jeffrey Lotspeich, Claim No. 325
The Court cannot evaluate whether service was proper for these claims. Accordingly, the Tenth Omnibus Objection is CONTINUED to September 20, 2018, at 1:30 p.m. with respect to these claims to allow Movant to (1) file a supplemental proof of service with the addresses to allow the Court to evaluate whether service was proper; (2) explain why the addresses must be redacted; or (3) effect proper service an file an appropriate proof of service.
Appearances are excused with respect to these claims.
With respect to Claim No. 197 filed by CitizensTrust, the Tenth Omnibus Objection is CONTINUED to a date to be determined in accordance with the Stipulation filed 7/27/18, [Dk. 2568] and approved by an Order entered 7/30/18 [Dk. 2570]. Appearances are excused with respect to this claim.
With respect to Claim No. 333 filed by Lewis Brisbois Bisgaard & Smith LLP, (no opposition filed) and Claim No. 105 filed by California Professional Engineering, Inc., (Opposition filed [Dk. 2571]), the Court notes that the Reply filed 8/9/18 [Dk. 2579] represents that Movant has reached a consensual agreement with these two claimants. However, Movant has neither withdrawn the claim objection nor submitted a written agreement for Court approval. Accordingly, the Tenth Omnibus Claim Objection is CONTINUED to September 20, 2018, at 1:30 p.m. to allow Movant to withdraw the objection, file a stipulation, or otherwise resolve the Objection as to these two claims. Appearances are excused with respect to these claims.
With respect to the claims not specificially listed above, this matter appears to be uncontested. Accordingly, no court appearance by Movant is required.
1:30 PM
Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
City of San Bernardino, California Represented By
Paul R. Glassman Fred Neufeld Laura L Buchanan
10:00 AM
Motion for relief from stay [Personal Property]
Wells Fargo Bank, N.A., d/b/a/ Wells Fargo Dealer Services vs. DEBTOR And Richard A. Marshack, Trustee
(Motion filed 7/10/18)
[RE: 2016 Ford Transit - VIN No.: NM0GE9F70G1284871]
Docket 252
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays David Wood Kyra E Andrassy
11:00 AM
Hearing RE: Third Interim Application For Order Approving Payment Of Fees And Expenses For The Period From March 21, 2018 Through July 23, 2018 (Application filed 7/25/18)
[RE: MENCHACA & COMPANY, LLP - Accountant For Debtor And Debtor- In-Possession]
[Fees: $37,440.00; Expenses: $0.00]
Docket 565
Tentative for 8/16/18 is to APPROVE, as modified by the Stipulation filed 8/8/18 [Dk. 582].
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok
Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner
11:00 AM
Hearing RE: Application For Payment Of Third Interim Fees And/Or Expenses For The Period From March 1, 2018 Through June 30, 2018
(Application filed 7/26/18)
[RE: RUTAN & TUCKER LLP - Debtors' Special Counsel] [Fees: $ 35,210.00; Expenses: $100.60]
Docket 566
Tentative for 8/16/18 is to APPROVE, as modified by the Stipulation filed 8/8/18 [Dk. 582].
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok
Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner
11:00 AM
Hearing RE: Second Interim Fee Application For Payment Of Fees And Reimbursement Of Expenses For The Period From March 1, 2018 Through June 20, 2018
(Application filed 7/26/18)
[RE: SULMEYERKUPETZ, A PROFESSIONAL CORPORATION - Attorneys
For Official Committee Of Unsecured Creditors of TD REO, LLC; TD Opportunity Fund, LLC; Equity Index Managed Fund, LLC; And WJA Secure Real Estate Fund, LLC.]
[Fees: $21,981.50; Expenses: $214.16]
Docket 568
Tentative for 8/16/18 is to APPROVE, as modified by the Stipulation filed 8/8/18 [Dk. 582].
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok
Kyra E Andrassy Roger F Friedman
11:00 AM
Susan K Seflin Steven T Gubner
11:00 AM
Hearing RE: Third Interim Application For Allowance And Payment Of Fees And Reimbursement Of Expenses For The Period From March 21, 2018 Through July 24, 2018
Application filed 7/26/18)
[RE: SMILEY WANG-EKVALL, LLP - Counsel For Debtors] [Fees: $251,726.00; Expenses: $26,141.86]
Docket 571
Tentative for 8/16/18 is to APPROVE, as modified by the Stipulation filed 8/8/18 [Dk. 582].
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok
Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner
10:00 AM
Federal National Mortgage Asociation vs. DEBTOR (Motion filed 7/18/18)
Re: 31479 Carson Street, Lucerne Valley, CA 92356 EH
(Tele. appr. Nichole Glowin, rep. creditor, Fannie Mae)
Docket 9
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
William Lee Lavorci Represented By Mona V Patel
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
Law Offices of Vincent V. Frounjian - movant attorney Motion for relief from stay
Honda Lease Trust vs. DEBTOR (Motion filed 7/27/18)
RE: 2017 ACURA TLX, VIN: 19UU B1F3 1HA0 09476
EH
Docket 9
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: Debtor filed a Non-opposition on 8/7/18 [Dk. 11]. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Ivan Lopez Represented By
Lionel E Giron
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for relief from stay
Santander Consumer USA Inc. vs. DEBTOR (Motion filed 7/25/18)
Re: 2012 Chrysler 300, VIN: 2C3CCACG0CH216776
EH
(Tele. appr John Kim, rep. creditor, Santander)
Docket 10
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Adam Benjamin Mayfield Represented By Brian J Soo-Hoo
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for relief from stay
TD Auto Finance LLC vs. DEBTOR (Motion filed 7/27/18)
RE: 2012 Ford F-150 VIN: 1FTFW1CT4CKD06034
EH
(Tele. appr. John Kim, rep. creditor, TD Auto Finance)
Docket 7
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Jaime Javier Serna Torres Represented By Marlin Branstetter
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
10:00 AM
Kim Carter - movant attorney Motion for Relief from Stay
Richard Van Leeuwen vs. DEBTOR (Motion filed 8/6/18)
Re: 1870 Jeffrey Road, El Centro, CA 92443 EH
Docket 18
- NONE LISTED -
Debtor(s):
MBC USA Inc Represented By George J Paukert
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
RIM Properties - movant Motion for Relief from Stay
RIM Properties vs DEBTOR (Motion filed 8/10/18)
RE: 16528 Sequoia Road 6, Hesperia CA 92345 EH
Docket 10
Tentative for 8/21/18 is to DENY:
Movant is a pro se partnership, which may not appear without counsel pursuant to LBR 9011-2 (a).
Notwithstanding the foregoing, the Proof of Service attached to the Motion is blank. There is no evidence that this Motion was served on Debtor in compliance with the applicable LBRs, or that Debtor received telephonic notice of the hearing in compliance with this Court's procedures, which is a prerequisite for hearings on shortened time.
Debtor(s):
Maria Estella Diaz Pro Se
Trustee(s):
Karl T Anderson (TR) Pro Se
11:00 AM
Hrg on Trustee's Final Report and Applications for Compensation EH
Docket 57
Tentative for 8/21/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Michael A. Ricci Pro Se
Joint Debtor(s):
Debra L. Ricci Pro Se
Trustee(s):
Charles W Daff (TR) Represented By Lynda T Bui Brandon J Iskander
11:00 AM
Hrg. on Chapter 7 Trustee's Motion filed 5/1/18 for Order Disallowing Claim of Exemption Relating to Injuries Sustained in Car Accident
(Cont. from 6/19/18) EH
(Tele. appr Misty Perry-Issacson, rep. trustee Karl Anderson)
Docket 0
- NONE LISTED -
Debtor(s):
Maria Sonia Moreno Represented By Summer M Shaw
Trustee(s):
Karl T Anderson (TR) Represented By
Misty A Perry Isaacson Wilshire Law Firm Brian D Chase
11:00 AM
Hrg. on Trustee's Motion filed 7/13/18 to disallow claims #2 filed by Riverside County Tax Collector
EH
Docket 78
Tenative for 8/21/18 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Ronald A. Corti Represented By Thomas J Polis
Joint Debtor(s):
Lisa D. Corti Represented By
Thomas J Polis
Trustee(s):
Robert Whitmore (TR) Represented By Hydee J Riggs
11:00 AM
Hrg. on Trustee's Motion filed 7/13/18 to disallow claims #5 filed by Sun Mountain Sports, Inc.
EH
Docket 79
Tenative for 8/21/18 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Ronald A. Corti Represented By Thomas J Polis
Joint Debtor(s):
Lisa D. Corti Represented By
Thomas J Polis
Trustee(s):
Robert Whitmore (TR) Represented By Hydee J Riggs
11:00 AM
Hrg. on Trustee's Motion filed 7/13/18 to disallow claims #6 filed by High Horse Sportswear, Inc., dba SanSoleil
EH
Docket 80
Tenative for 8/21/18 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Ronald A. Corti Represented By Thomas J Polis
Joint Debtor(s):
Lisa D. Corti Represented By
Thomas J Polis
Trustee(s):
Robert Whitmore (TR) Represented By Hydee J Riggs
11:00 AM
Hrg. on attorney for chapter 7 trustee Motion filed 2/15/18 Objections to Debtor's Exemptions of Personal Injury Claim and Class Action Lawsuit Claim
(Cont. from 6/19/18) EH
Docket 27
- NONE LISTED -
Debtor(s):
William P VanDerWeele Represented By Sundee M Teeple
Trustee(s):
Robert Whitmore (TR) Represented By Franklin C Adams Cathy Ta
11:00 AM
Hrg. re Trustee's Motion filed 7/13/18 to dismiss case and vacate discharge if previously entered
EH
Docket 34
Tentative for 8/21/18 is to GRANT in part and DENY in part. The Court will grant the Trustee's request to dismiss the case but deny the request for a 180 day bar as Trustee has not demonstrated that Debtor willfully violated any order of this Court or willfully failed to appear before this Court.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Marcus Cheeks Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
11:00 AM
Hrg. on Motion Of United States Trustee For An Order To Show Cause Why J. Scott Bennett Should Not Be Held In Contempt Of Court Pursuant To 11 U.S.C.
§ 105 And Federal Rule Of Bankruptcy Procedure 9020 EH
Docket 23
Tentative for 8/21/18:
The Court notes that no opposition to the OSC has been filed, and is inclined to issue the requested OSC re contempt. However, the Court would like a report from the UST regarding whether the required payment was actually made to the Debtor, or in the alternative, what, if any, efforts were made to contact the Debtor or Mr. Bennett prior to filing the Motion.
Appearances required.
Debtor(s):
Holly Mae Schlendering Represented By
J Scott Bennett
Trustee(s):
Lynda T. Bui (TR) Pro Se
11:00 AM
Hrg. on Motion filed 7/17/18 RE: objection to claim number 3 by claimant Merrick Bank
EH
Docket 92
Tentative for 8/21/18 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Francis A Pignone Represented By
David A Akintimoye
Joint Debtor(s):
Maria Haydee Pignone Represented By
David A Akintimoye
Trustee(s):
Steven M Speier (TR) Represented By Robert P Goe
11:00 AM
Hrg. on Debtor's Motion filed 8/1/18 For Sanctions of willful violation of the Bankruptcy chapter 7 proceeding process
EH
Docket 13
Tentative for 8/21/18 is to DENY, without prejudice:
Movant has not provided sufficient information for the Court to determine whether a violation of the stay occurred.
Appearances required.
Debtor(s):
John Carrillo Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
1:30 PM
Hrg. on Motion for Approval of First and Final Professional Fees and Expenses EH
(Tele. appr Robert Rosenstein, rep. Debtor, Village News Inc.)
Docket 151
Tentative for 8/21/18 is to APPROVE as modified by the Stipulation with the United States Trustee, filed 8/20/18 [Dk. 155].
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Village News, Inc. Represented By
Robert B Rosenstein
1:30 PM
Hrg. on Second Motion filed 7/31/18 And Foster Enterprises Second Motion For Order Authorizing Postpetition Insurance Premium Financing And Modifying The Automatic Stay
EH
(Tele. appr. Jolene Tanner, rep. U.S. Attorneys Office)
Docket 321
Tentative for 8/21/18 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Foster Enterprises, a California Represented By Dean G Rallis Jr Matthew D Pham Gregory K Jones
1:30 PM
Hrg. on Debtor's Motion filed 7/27/18 For Order Authorizing And Approving Bidding Procedures For Sale Of Real Property (775 South Acacia Ave., Rialto, California)
EH
(Tele. appr. Jolene Tanner, rep. U.S. Attorneys Office)
Docket 312
- NONE LISTED -
Debtor(s):
Foster Enterprises, a California Represented By Dean G Rallis Jr Matthew D Pham Gregory K Jones
1:30 PM
Hrg. on Use of Cash Collateral EH
(Tele. appr. Brian Harvey, rep. creditor, Strategic Funding Source) (Tele. appr. Kimberly Winick, rep. creditor, Columbia Bank)
Docket 29
Tentative for 8/21/18 is to approve the Stipulation filed 8/17/18 [Dk. 74] and set a continued date of January 22, 2019 at 11:00 a.m.
Appearances required.
*************************************************************************** Tentative for 6/18/18:
The Order entered 6/4/18 [Dk. 48] grants the use of cash collateral through 6/18/18 in an amount of up to $85,000. As of the posting of this tentative, nothing further has been filed.
Appearances required.
*************************************************************************** Tentative for 5/23/18:
Appearances required. Debtor's Principal and counsel for both Debtor and the Secured Creditor, Strategic Funding Source, Inc., are instructed to appear in person in Santa Ana unless excused from this requirement by chambers.
1:30 PM
Debtor(s):
Big Bear Bowling Barn, Inc. Represented By Julie J Villalobos
1:30 PM
Hrg. on Chapter 11 Status Conference (Cont. from 5/15/18)
EH
(Tele. appr. Brian Harvey, rep. creditor, Strategic Funding Source) (Tele. appr. Kimberly Winick, rep. creditor, Columbia Bank)
Docket 0
Tentative for 8/21/18 is to set a continued status conference date of January 22, 2019 at 11:00 a.m. A status report is due 14 days in advance.
With respect to Debtor's request to continue the October 15, 2018 deadline to file a plan and disclosure statement, which was set pursuant to an order entered August 8, 2018 [Dk. 70] at Debtor's request, the Court would prefer a formal motion, which it can then grant for cause, if cause exists.
Appearances required.
****************************************************************************** Tentative for 5/15/18 is to set the following dates/deadlines:
Deadline to file a Plan and Disclosure Statement: August 3, 2018, which is approximately 120 days from the Petition Date. Note: the failure to timely file a Plan and Disclosure Statement may result in the dismissal or conversion of the case.
Claims Bar Date: July 30, 2018, with the notice to be served by no later than May 29, 2018.
1:30 PM
Claims Objection Date: September 28, 2018.
Continued Status Conference: August 21, 2018 at 1:30 p.m.. A status report is due 14 days in advance.
Debtor is to lodge a scheduling order within seven days.
Debtor(s):
Big Bear Bowling Barn, Inc. Represented By Julie J Villalobos
1:30 PM
Halavais & Associates, APC - movant attorney Motion for Relief from Stay
Cardenas Three, LLC vs. DEBTOR (Motion filed 7/27/18)
Re: 161 W. Ramsey St., Banning, California
(Tele. appr. Coby Halavais, rep. movant Cardenas Three, LLC)
Docket 8
Tentative for 8/21/18 is to CONTINUE to September 18, 2018 at 1:30 p.m.
By no later than September 4, 2018, Debtor is to provide (1) evidence of insurance and (2) corroborating evidence of the proposed sale and lease back transaction.
Movant may file a Reply to Debtor's supplemental evidence by no later than September 11, 2018.
Appearances are excused.
Debtor(s):
Zenith Homes, LLC Represented By Brian C Miles
1:30 PM
Hrg. on Debtor's Emergency Motion filed 8/8/18 (1) Prohibiting utility companies from altering, refusing, or discontinuing service for pre-petition invoices and (2) Establishing procedures for determining requests for additional assurance
EH
(Cont. from 8/9/18)
(Tele. appr Illyssa I. Fogel, rep. Debtor Lovejoy's Family Moving, Inc.)
Docket 6
- NONE LISTED -
Debtor(s):
Lovejoy's Family Moving., Inc., dba Represented By
Illyssa I Fogel
Movant(s):
Lovejoy's Family Moving., Inc., dba Represented By
Illyssa I Fogel
1:30 PM
Adv#: 6:16-01267 Freeman et al v. Rapp et al
Hrg on Defendant's Motion to Reconsider Reversal of Denial of Defendant's Request for Reimbursement of Attorney Fees and Costs After Trial
EH
Docket 82
- NONE LISTED -
Debtor(s):
Donald E Rapp Represented By
M Wayne Tucker
Defendant(s):
Donald E Rapp Pro Se
Joyce W Rapp Pro Se
Joint Debtor(s):
Joyce W Rapp Represented By
M Wayne Tucker
Plaintiff(s):
Michael Freeman Represented By Michael S Geller
Jessica Ilic Represented By
Michael S Geller
Trustee(s):
Howard B Grobstein (TR) Pro Se
1:30 PM
1:30 PM
Adv#: 6:17-01116 Cisneros v. Tran
PRE-TRIAL CONFERENCE re: Complaint by Arturo Cisneros against Kim Tran. EH
Docket 1
- NONE LISTED -
Debtor(s):
Kim Han Do Represented By
Keith Q Nguyen
Defendant(s):
Kim Tran Pro Se
Plaintiff(s):
Arturo Cisneros Represented By Thomas H Casey
Trustee(s):
Arturo Cisneros (TR) Represented By Thomas H Casey Kathleen J McCarthy
1:30 PM
Adv#: 6:17-01229 FIRST AMERICAN TITLE INSURANCE COMPANY, a Nebraska v. Fazah
STATUS CONFERENCE re: Complaint by First American Title Insurance Company, a Nebraska corporation to determine dischargeabiltiy of debt against Mazen Fazah, Amany Saleh - 523(a)(2)
(Cont. from 7/24/18) EH
Docket 1
Tentative for 8/22/18:
This matter is CONTINUED to November 28, 2018 at 1:30 p.m. The parties are to file a status report 14 days in advance.
Appearances are excused.
**************************************************************************** Tentative for 2/07/18 is to set the following dates/deadlines:
Discovery cutoff: May 31, 2018. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: June 29, 2018. Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial: August 1, 2018 at 1:30 p.m.
The parties are specifically advised to cooperate and precisely follow all applicable local and federal rules. The failure to do so may result in the imposition of monetary and/or non-monetary sanctions, including the
1:30 PM
dismissal of the action or striking of the answer.
Plaintiff is to lodge a scheduling order within 7 days.
Debtor(s):
Mazen Fazah Represented By
Stuart G Steingraber
Defendant(s):
Mazen Fazah Represented By
Stuart G Steingraber
Amany Saleh Represented By
Stuart G Steingraber
Joint Debtor(s):
Amany Saleh Represented By
Stuart G Steingraber
Plaintiff(s):
FIRST AMERICAN TITLE Represented By Jean C Wilcox
Stuart G Steingraber
Trustee(s):
Karl T Anderson (TR) Pro Se
1:30 PM
Adv#: 6:17-01229 FIRST AMERICAN TITLE INSURANCE COMPANY, a Nebraska v. Fazah
Hrg on Plaintiff's Motion For Summary Judgment as to the Complaint and Counter-Claim
(Cont. from 7/24/18) EH
Docket 22
Tentative for 8/22/18:
This matter is CONTINUED to November 28, 2018 at 1:30 p.m. The parties are to file a status report 14 days in advance.
Appearances are excused.
Debtor(s):
Mazen Fazah Represented By
Stuart G Steingraber
Defendant(s):
Mazen Fazah Represented By
Stuart G Steingraber
Amany Saleh Represented By
Stuart G Steingraber
Joint Debtor(s):
Amany Saleh Represented By
Stuart G Steingraber
1:30 PM
Movant(s):
FIRST AMERICAN TITLE Represented By Jean C Wilcox
Stuart G Steingraber
FIRST AMERICAN TITLE Pro Se
Plaintiff(s):
FIRST AMERICAN TITLE Represented By Jean C Wilcox
Stuart G Steingraber
Trustee(s):
Karl T Anderson (TR) Pro Se
1:30 PM
Adv#: 6:18-01120 Speier v. Pignone et al
STATUS CONFERENCE re: Complaint by Steven M Speier against Francis A Pignone, Maria Haydee Pignone For Denial of Discharge Pursuant to 11 U.S.C. Sections 727(a)(2)(A), 727(a)(4)(A), 727(a)(5) and 727(a)(6)(C)
(Cont. from 8/15/18) EH
Docket 1
Tentative for 8/22/18:
This matter will go off calendar in light of the Court's tentative to grant the motion for default judgment.
Debtor(s):
Francis A Pignone Represented By
David A Akintimoye
Defendant(s):
Francis A Pignone Pro Se
Maria Haydee Pignone Pro Se
Joint Debtor(s):
Maria Haydee Pignone Represented By
David A Akintimoye
Plaintiff(s):
Steven M Speier Represented By Robert P Goe
1:30 PM
Trustee(s):
Steven M Speier (TR) Represented By Robert P Goe
1:30 PM
Adv#: 6:18-01120 Speier v. Pignone et al
Hrg on Plaintiff's Motion For Default Judgment EH
Docket 19
Tentative for 8/22/18 is to GRANT.
Movant is to lodge two orders: (1) and order granting the motion for default judgment and (2) a proposed judgment.
Appearances required.
Debtor(s):
Francis A Pignone Represented By
David A Akintimoye
Defendant(s):
Francis A Pignone Pro Se
Maria Haydee Pignone Pro Se
Joint Debtor(s):
Maria Haydee Pignone Represented By
David A Akintimoye
Plaintiff(s):
Steven M Speier Represented By Robert P Goe
1:30 PM
Trustee(s):
Steven M Speier (TR) Represented By Robert P Goe
1:30 PM
Adv#: 6:18-01098 Cantu v. David Stone dba Cornerstone Financial Services
STATUS CONFERENCE on Complaint filed 4-27-18 to set aside preference under 11 U.S.C. Section 522 & 11 U.S.C. 547
From: 6-21-18 (Judge Jury's calendar)
Docket 1
Revised tentative for 8/22/18:
The Court has received the Stipulation for Settlement filed 8/20/18 [Dk. 9] and will approve the Stipulation. This matter is CONTINUED to September 19, 2018 at a holding date. A status report is due 14 days in advance if the matter is not dismissed.
The Court will excuse Plaintiff's noncompliance with the Local Rules requiring a unilateral status report in this instance; however, counsel is cautioned that future compliance is required.
Appearances are excused.
The Court will excuse Plaintiff's noncompliance with the Local Rules requiring a unilateral status report in this instance; however, counsel is cautioned that future compliance is required.
Appearances are excused.
************************************************************************** Tentative for 8/22/18 is to DISMISS for lack of prosecution.
Debtor(s):
Robert Cantu Represented By
1:30 PM
Daniel King
Defendant(s):
David Stone dba Cornerstone Pro Se
Plaintiff(s):
Robert Cantu Represented By
Daniel King
Trustee(s):
Robert Whitmore (TR) Pro Se
1:30 PM
Adv#: 6:18-01128 Dent A Med, Inc. v. FLORES, JR
STATUS CONFERENCE re: Complaint by Dent A Med, Inc. against Nicholas Flores Jr. - 523(a)(2)(A), 523(a)(2)(C)
EH
Docket 1
Tentative for 8/22/18 is to DISMISS for lack of prosecution.
Debtor(s):
Nicolas R Flores Jr. Represented By Aaron Lloyd
Defendant(s):
NICHOLAS FLORES JR Pro Se
Plaintiff(s):
Dent A Med, Inc. Represented By Samy Henein
Trustee(s):
Howard B Grobstein (TR) Pro Se
1:30 PM
Adv#: 6:18-01142 Winstead v. Williams
Hrg. on Defendant's Motion to dismiss for failure to state a cause of action EH
Docket 6
- NONE LISTED -
Debtor(s):
Joe Donnell Williams Represented By
M Wayne Tucker
Defendant(s):
Joe Donnell Williams Represented By
M Wayne Tucker
Plaintiff(s):
Porsche Winstead Represented By Todd L Turoci
Trustee(s):
Todd A. Frealy (TR) Pro Se
11:00 AM
Hearing RE: Trustee's Motion For Order Disallowing Claim No. 9 Filed By Myles Jay Evans As A Priority Claim And Allowing Claim No. 9 As A Late Filed General Unsecured Claim
(Motion filed 7/18/18)
[RE: Claim Amount: $12,475.00]
Docket 110
Tentative for 8/22/18 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Sean Michael Edwards Represented By Michael A Wallin
Trustee(s):
Jeffrey I Golden (TR) Represented By Eric P Israel
Michael G D'Alba
11:00 AM
Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses
(Final Report filed 7/19/18)
[RE: JEFFREY I. GOLDEN - Chapter 7 Trustee] [Fees: $1,300.00; Expenses: $10.00]
Docket 35
Tentative for 8/22/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Daniel Aguinaga Represented By Christopher P Walker
Trustee(s):
Jeffrey I Golden (TR) Pro Se
10:00 AM
Adv#: 8:14-01003 Adams, Jr. v. Sepulveda
CONT'D Hearing RE: Order To Appear For Examination RE Enforcement Of Judgment (Third Party) - [RE: Jami Deusterman]
(Set per Order Entered 7/19/18) FR: 8-23-18
Docket 231
- NONE LISTED -
Debtor(s):
Brent Roy Sepulveda Represented By Bruce C Bridgman
Defendant(s):
Brent Roy Sepulveda Represented By Babak Samini
Plaintiff(s):
George Adams Jr. Represented By James C Bastian Jr
Melissa Davis Lowe Ryan D ODea Franklin J Contreras
Trustee(s):
Thomas H Casey (TR) Pro Se
11:00 AM
CONT'D POST CONFIRMATION STATUS CONFERENCE Hearing: (1) Case
Management Conference And (2) Requiring Status Report (Petition filed 2/13/15) (Plan Confirmed on 7/8/16)
(Set per Order Entered 7/8/16)
FR: 7-23-15; 1-7-16; 3-3-16; 3-31-16; 6-23-16; 11-16-16; 11-17-16; 11-30-16;
12-1-16, 5-11-17; 12-14-17; 5-31-18
Docket 1
Tentative for 8/23/18 is to CONTINUE this matter to January 31, 2019 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
**************************************************************************** Tentative for 5/31/18:
The Court has received and reviewed the status report filed on 5/23/18 [Dk. 1728]. This matter is CONTINUED to 8/23/18 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
********************************************************************** Tentative for 12/14/17:
The Court has received and reviewed the status report filed on 12/1/17 [Dk. 1688]. This matter is CONTINUED to 5/31/18 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
11:00 AM
**************************************************************************** Tentative for 5/11/17:
The Court has received and reviewed the status report filed on 4/27/17 [Dk. 1564]. This matter is CONTINUED to 12/14/17 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
American Spectrum Realty Inc., a Represented By
Robert E Opera Peter W Lianides Andrew B Levin
11:00 AM
Hearing RE: Motion To Approve Compromise Pursuant To Federal Rules Of Bankruptcy Procedure 9019
(Motion filed 7/19/18)
Docket 209
- NONE LISTED -
Debtor(s):
Charles Flowers Harrison Represented By Michael Jones Sara Tidd
Joint Debtor(s):
Martha Isabel Montoya Represented By Michael Jones Sara Tidd
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 5/1/17)
FR: 6-15-17; 6-29-17; 9-14-17; 10-5-17; 12-7-17; 12-14-17; 2-22-18; 5-31-18
Docket 1
Tentative for 8/23/18 is to CONTINUE this matter to January 31, 2019 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
******************************************************************************** Tentative for 5/31/18:
The Court has received and reviewed the Status Report filed on 5/16/18 [Dk. 156] and will CONTINUE this matter to 8/23/18 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
******************************************************************************* Tentative for 2/22/18:
The Court has received and reviewed the Status Report filed on 2/08/18 [Dk. 134] and will CONTINUE this matter to 5/31/18 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
11:00 AM
******************************************************************************* Tentative for 12/14/17:
The Court has received and reviewed the Status Report filed on 11/30/17 [Dk. 124] and will CONTINUE this matter to 2/22/18 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
******************************************************************************* Tentative for 10/5/17:
The Court has received and reviewed the Status Reports filed on 8/31/17 [Dk. 63] by Debtor and on 9/1/17 [Dk. 64] by the Examiner, Arturo Cisneros. The Court is planning on issuing an order to show cause why the case should not be dismissed or converted to Chapter 7, based on the Examiner's Status Report.
Appearances required.
******************************************************************************** Tentative for 9/14/17:
This matter is CONTINUED to October 5, 2017 at 11:00 a.m. to accommodate the Examiner's Request contained in his report filed 9/1/17 [Dk. 64].
Appearances are excused for the 9/14/17 status conference.
******************************************************************************** Tentative for 6/29/17:
Appearances required as set forth in the Scheduling Order entered on 6/20/17 as Dk. 38.
*********************************************************************************** Tentative for 6/15/17:
11:00 AM
The Court has reviewed the status report filed 6/1/17 [Dk. 23], the amended status report filed 6/1/17 [Dk. 24], and the second amended status report filed 6/13/17 [Dk. 30] as well as the docket and all pleadings filed, and notes the following:
This case was filed on 5/1/17.
Debtors have failed to comply with the terms of the Scheduling Order entered 5/3/17 [Dk. 6] (the "Order"), which required service of the Order within 48 hours of receipt. Order at p. 2:1. The proof of service filed by Debtors on 6/2/17 [Dk. 27] indicates the Order was served on 6/1/17, almost one month late.
Debtors have failed to comply with the terms of the Order which requires that the status report be "supported by evidence in the form of declarations and supporting documents." Order at p. 2:5-7.
Neither the status report, the amended status report, or the second amended status report "describe the status of the Debtors' post-petition operations," as required by the Order at p. 2:18.
The Debtors' proposed deadline for filing and serving a disclosure statement and plan of January 15, 2018 is more than 120 days from the filing (259 days). Debtors provide no explanation for delay, as required by the Order at p. 3:13-14 ("If a disclosure statement cannot be filed within the first 120 days of the case, explain the reasons for the delay.")
Counsel should appear and be prepared to discuss the foregoing and why counsel should not be sanctioned for failure to comply with an order of this Court.
Appearances required.
Debtor(s):
Cecilio Romero Murrietta Represented By
11:00 AM
Andrew S Bisom
Joint Debtor(s):
Irma Bonilla Murrietta Represented By Andrew S Bisom
11:00 AM
CONT'D Hearing RE: Motion Of Clairton Residential Renewal, LLC, For Abandonment Of Three Condemned Units Pursuant To 11 U.S.C. Section 554(a)
(Motion filed 7/12/18) FR: 8-2-18
Docket 538
Tentative for 8/23/18:
None listed.
************************************************************************** Updated Tentative for 8/02/18:
Tentative is to GRANT. Appearances required.
********************************************************************************** Tentative for 8/02/18 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
WJA Asset Management LLC Represented By
11:00 AM
Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok
Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner
11:00 AM
Hearing RE: Motion Of Luxury Asset Purchasing International, LLC, 5827 Winland Hills Drive Development Fund, LLC, TD REO Fund, LLC, And CA Real Estate Opportunity Fund III, LLC, To Use Property Of Their Estates Under 11
U.S.C. Section 363(b) To Pay Additional Fees Related To The Entitlement Process
(Motion filed 8/2/18)
Docket 575
Tentative for 8/23/18 is to GRANT.
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok
Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 7/11/17)
FR: 8-31-17; 1-11-18; 2-22-18; 4-12-18; 5-3-18; 6-7-18
Docket 1
Tentative for 8/23/18 is to set a post-confirmation status conference of January 31, 2019 at 11:00 a.m. A status report is due 14 days in advance.
*************************************************************************** Tentative for 6/7/18:
This matter is CONTINUED to 8/23/18 at 11:00 a.m. to coincide with the proposed date for the plan confirmation hearing.
Appearances required.
********************************************************************************* Tentative for 5/3/18:
This matter is CONTINUED to 6/7/18 at 11:00 a.m. to coincide with the continued hearing on the adequacy of Debtors' Second Amended Disclosure Statement.
Appearances for the 5/3/18 hearing are excused.
********************************************************************* Tentative for 4/12/18:
This matter is CONTINUED to May 3, 2018 at 11:00 a.m. to coincide with the hearing on the adequacy of Debtors' Second Amended Disclosure Statement.
11:00 AM
Appearances are excused.
*************************************************************************** Tentative for 2/22/18:
None listed.
***************************************************************************** Tentative for 1/11/18:
None listed.
***************************************************************************** Tentative for 8/31/17 is to set the following dates/deadlines:
Deadline to file a plan and disclosure statement: November 1, 2017. The failure to timely file a plan and disclosure statement may result in the conversion or dismissal of the case.
Continued case status conference: January 11, 2018 at 11:00 a.m. A status report is due 14 days in advance.
Debtor(s):
David Vincent Ross Represented By Michael Jones Sara Tidd
Joint Debtor(s):
Cheri LeAnn Ross Represented By Michael Jones Sara Tidd
11:00 AM
Hearing RE: Fourth Amended Chapter 11 Plan Of Reorganization (Set at Third Amended D.S. hearing held 6-7-18)
(Second Amended D.S. filed 3/29/18) (Third Amended D.S. filed 5/16/18) (Fourth Amended D.S. filed 6/14/18) (Fourth Amended Plan filed 6/20/18)
Docket 154
Tentative for 8/23/18 is to APPROVE confirmation.
Debtor(s):
David Vincent Ross Represented By Michael Jones Sara Tidd
Joint Debtor(s):
Cheri LeAnn Ross Represented By Michael Jones Sara Tidd
11:00 AM
Adv#: 8:17-01108 Marshack v. Mugar et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt And/Or To Deny A Discharge
(Complaint filed 6/26/17) (PTC set at S/C held 9/13/17)
(S/C set per Order Entered 5-25-18) FR: 9-13-17; 5-30-18; 7-11-18, 8-15-18
Docket 1
Tentative for 8/23/18 is to CONTINUE to September 20, 2018 at 10:00 a.m. to coincide with the OSC re contempt.
Appearances are excused.
************************************************************************ Tentative for 8/15/18 is to set the following dates/deadlines:
1. Discovery cutoff: January 15, 2019. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: February 28, 2019. Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial conference: March 20, 2019 at 11:00 a.m.
The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may result in the imposition of sanctions, including the striking of the answer and dismissal of the complaint.
Plaintiff is to lodge a scheduling order within 7 days.
11:00 AM
******************************************************************************** Tentative for 7/11/18:
On 6/5/18, the Court entered an order, inter alia, setting this status conference and requiring a status report to be filed 14 days in advance. As of the posting of this tentative, no status report has been filed. The Court notes that Mr. Spector filed a Declaration in support of a Unilateral Stats Report on 7/5/18 [Dk. 51], but no Unilateral Status Report was filed. Attaching the proposed joint status report that was sent to Defendant's counsel does not comply with LBR 7016-1(a)(3).
Appearances required.
Debtor(s):
Bradley B Mugar Represented By Parisa Fishback John Edwards
Defendant(s):
Bradley B Mugar Represented By John Edwards
Sandra Mugar Represented By John Edwards
Joint Debtor(s):
Susan E Mugar Represented By Parisa Fishback John Edwards
Plaintiff(s):
Richard A. Marshack Pro Se
Trustee(s):
Richard A Marshack (TR) Represented By
11:00 AM
Michael G Spector
11:00 AM
Hearing RE: Order to Show Cause Re: Contempt Against Bradley Mugar and Susan Mugar RE: Court's Order Entered July 12, 2018
(set per order enterd 8/16/18)
Docket 61
- NONE LISTED -
Debtor(s):
Bradley B Mugar Represented By Parisa Fishback John Edwards
Joint Debtor(s):
Susan E Mugar Represented By Parisa Fishback John Edwards
Trustee(s):
Richard A Marshack (TR) Represented By Michael G Spector
4:00 PM
Emergency Motion Of Debtor And His Counsel For Protective Order Quashing Subpoena Duces Tecum For Deposition Of Debtor's Counsel
(motion filed 8/24/18)
[Telephonic Appearance: William N. Nobel, repr. Debtor] [Telephone Appearance: Dean A. Ziehl, repr. Debtor] [Telephonic Appearance: Harry Hochman, repr. Debtor] [Telephonic Appearance: Alan J. Friedman, repr. Debtor]
[Telephonic Appearance: Krikor J. Meshefejian, repr. Cred., Barry Beitler]
Docket 552
- NONE LISTED -
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman William N Lobel Babak Samini Dean A Ziehl
10:00 AM
Robertson, Anschutz, & Schneid, P.L. - movant attorney Motion for Relief from Stay
Deutsche Bank National Trust Company vs. DEBTOR (Motion filed 7/29/18)
RE: 11996 Villa Hermosa (aka 11996 Villa Ermosa), Moreno Valley, California 92557
EH
Docket 10
Tentative for 9/11/18 is to CONTINUE to 10/16/18 at 10:00 a.m. to allow Movant to effect proper service.
Service is improper. The movant did not serve the junior lienholders, GMAC or Green Point Mortgage. LBR 4001-1(C) requires service of a motion for relief from stay on the holder of a lien or encumbrance against the subject property that is known to the movant, scheduled by the debtor, or appears in the public record and any other party entitled to receive notice under FRBP 4001. FRBP 4001(a)(1) states a motion for relief from the automatic stay “shall be made in accordance with Rule 9014”. FRBP 9014(b) requires service pursuant to FRBP 7004. FRBP 7004(b)(3) requires that a corporation, partnership or other unincorporated association be served “to the attention of an officer, a managing or general agent, or to any other agent authorized by appointment of law to receive service of process.”
Appearances are excused. This matter is VACATED and no hearing will be held on 9/11/18.
10:00 AM
Debtor(s):
Samuel Leroy Jones Jr Represented By Thomas Watkins
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for relief from stay
Ford Motor Credit Company LLC vs DEBTOR (Motion filed 8/3/18)
RE: 2016 Ford Fusion, VIN: 3FA6P0HD5GR315891
EH
Docket 13
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance is required, and no hearing will be held on 9/11/18. Should an opposing party file a late opposition or appear seeking a hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Eduardo Carrasco Represented By William J Howell
Joint Debtor(s):
Jessica Faviola Carrasco Represented By William J Howell
10:00 AM
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
ACAR Leasing LTD vs. DEBTOR, Todd Frealy, trustee (Motion filed 8/15/18)
RE: 2016 Chevrolet Silverado, VIN: 1GCVKREC5GZ403100 EH
Docket 9
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance is required, and no hearing will be held on 9/11/18. Should an opposing party file a late opposition or appear seeking a hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Thomas Edward Jarfas Represented By Paul M Stoddard
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
Schwartz Hyde & Garfiled - movant attorney Motion for Relief from Stay
The County of Imperial vs. DEBTOR (Motion filed 8/20/18
Re: Personal Property EH
Docket 26
Tentative for 9/11/18 is to CONTINUE this matter to 9/18/18 at 10:00 a.m. to allow Movant to file supplemental papers addressing or resolving the following isuses:
The Motion is unclear as to when the seizure of Debtor's personal property occurred.
The supplemental page provides no foundational facts from which the Court can determine Movant actually has knowledge that a removal occurred.
The relief requested is unclear. The body of the motion requests relief under §362(d)(1), but the prayer for relief requests relief under §362(d)(2).
Movant did not provide sufficient evidence to establish the extraordinary relief requested in ¶¶7-9 is warranted.
Supplemental papers, if any, must be filed no later than 9/13/18.
Appearances are excused. This matter is VACATED and no hearing will be held on 9/11/18.
10:00 AM
Debtor(s):
MBC USA Inc Represented By George J Paukert
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for relief from stay
Santander Consumer USA Inc. vs DEBTOR (Motion filed 8/7/18)
RE: 2016 Chevrolet Cruze, VIN: 1G1PC5SH2G7199598
EH
Docket 7
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance is required, and no hearing will be held on 9/11/18. Should an opposing party file a late opposition or appear seeking a hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Mariah Helena Baker Represented By Nicholas M Wajda
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
McCarthy & Holthus, LLP - movant attorney Motion for Relief from Stay
Pacific Union Financial, LLC vs. DEBTOR (Motion filed 8/1/18)
Re: 3066 Top O The Walk Drive, Norco, CA 92860 EH
Docket 18
Grant pursuant to 11 U.S.C. §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance is required, and no hearing will be held on 9/11/18. Should an opposing party file a late opposition or appear seeking a hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Juan Robles Represented By
William P White
Joint Debtor(s):
Guadalupe Cobo Robles Represented By William P White
10:00 AM
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Santander Consumer USA Inc. vs. DEBTOR, Larry Simons, trustee (Motion filed 8/15/18)
Re: 2012 Dodge Ram, VIN: 1C6RD6FK3CS169727
EH
Docket 9
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance is required, and no hearing will be held on 9/11/18. Should an opposing party file a late opposition or appear seeking a hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Mary Elizabeth Holliday Represented By
Ethan Kiwhan Chin
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
Sheppard, Mullin, Richter & Hampton LLP - movant attorney Motion for Relief from Stay
California Coast Credit Union (Motion filed 8/13/18)
Re: 2015 GMC Sierra 1500 VIN #GTP1UEC2FG333651
EH
Docket 7
Tentative for 9/11/18 is to CONTINUE to 10/16/18 to allow Movant to effect proper service or file an appropriate proof of service establishing that appropriate service was effected.
The Court is unable to verify that the Amended Notice filed 8/13/18 [Dk. 9] was served on the Debtor as there is no proof of service attached to it.
Appearances are excused. This matter is VACATED and no hearing will be held on 9/11/18.
Debtor(s):
Ernesto Sanchez Represented By David L Nelson
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for relief from stay
Santander Consumer USA Inc. vs DEBTOR (Motion filed 8/9/18)
RE: 2008 Nissan Titan, VIN: 1N6BA06E58N333136
EH
Docket 12
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance is required, and no hearing will be held on 9/11/18. Should an opposing party file a late opposition or appear seeking a hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
David Roy Klinowski Represented By Terrence Fantauzzi
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Kimball, Tirey & St. John LLP - movant attorney Motion for Relief from Stay
Jamboree Apartments, LLC vs. DEBTOR (Motion filed 8/15/18)
Re: 10950 Church St., #4412, Rancho Cucamonga, CA 91730 EH
Docket 7
- NONE LISTED -
Debtor(s):
Crabrill C Williams Pro Se
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Daimler Trust vs. Debtor; Chapter 7 Trustee (Motion filed 8/15/18)
Re: 2016 Mercedes-Benz GLC, VIN: WDC0G4JB6GF110023
EH
Docket 13
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance is required, and no hearing will be held on 9/11/18. Should an opposing party file a late opposition or appear seeking a hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Dianne Bladen Represented By Christopher Hewitt
Trustee(s):
Charles W Daff (TR) Pro Se
11:00 AM
Hrg. on Debtor's Motion filed 8/3/18 to reopen chapter 7 case EH
Docket 27
- NONE LISTED -
Debtor(s):
Thomas G Montes Pro Se
Trustee(s):
Steven M Speier (TR) Pro Se
11:00 AM
Hrg on Debtor's Motion to Avoid Lien with Thunderbolt Holdings Ltd., LLC EH
Docket 20
- NONE LISTED -
Debtor(s):
Jamie L. Reulman Represented By Daniel C Sever
Trustee(s):
Charles W Daff (TR) Pro Se
11:00 AM
Hrg on Trustee's Final Report and Applications for Compensation EH
Docket 119
Tentative for 9/11/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance is required, and no hearing will be held on 9/11/18. Should an opposing party file a late opposition or appear seeking a hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
William Joseph Sanders Pro Se
Trustee(s):
Howard B Grobstein (TR) Represented By Leonard M Shulman Melissa Davis Lowe Ryan D ODea
Trent Thompson
11:00 AM
Hrg. on attorney for chapter 7 trustee's Motion filed 8/1/18 (1) Authorizing Sale of Real Property Free and Clear of Liens and Encumbrances; (2) Approving Overbid Procedures; (3) Authorizing Payments of Undisputed Liens, Costs of Sale, Property Taxes, and Homestead Exemption; (4) Finding that Real Property is Community Property and Authorizing Trustee to Include in Sale Order that Real Property is Community Property and That Trustee Is Authorized to Sell Entire Real Property; and (5) Finding That Purchaser Is Good Faith Purchaser under 11 U.S.C. § 363(m)
EH
Docket 39
- NONE LISTED -
Debtor(s):
Larry Kates Represented By
Richard Lynn Barrett Robert A Hessling
Trustee(s):
Karl T Anderson (TR) Represented By Robert A Hessling
11:00 AM
Hrg. on trustee's final report; applications for compensation EH
Docket 63
Tentative for 9/11/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance is required, and no hearing will be held on 9/11/18. Should an opposing party file a late opposition or appear seeking a hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Salvador Dario Contreras Represented By Brian J Soo-Hoo
Joint Debtor(s):
Ana Luz Contreras Represented By Brian J Soo-Hoo
Trustee(s):
Lynda T. Bui (TR) Represented By Leonard M Shulman Brandon J Iskander
Shulman Hodges & Bastian LLP
11:00 AM
Hrg. on trustee's final report; applications for compensation EH
Docket 35
Tentative for 9/11/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance is required, and no hearing will be held on 9/11/18. Should an opposing party file a late opposition or appear seeking a hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Mark Edward Chapman Represented By Stephen D Brittain
Trustee(s):
Robert Whitmore (TR) Pro Se
11:00 AM
Hrg. on trustee's final report; applications for compensation EH
Docket 0
Tentative for 9/11/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance is required, and no hearing will be held on 9/11/18. Should an opposing party file a late opposition or appear seeking a hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Robert Warren Langhorst Represented By Robert L Firth
Joint Debtor(s):
Shelley Rebecca Langhorst Represented By Robert L Firth
Trustee(s):
Karl T Anderson (TR) Pro Se
11:00 AM
Hrg on Debtor's Motion to Redeem Property of the Estate EH
Docket 8
- NONE LISTED -
Debtor(s):
Steve Marquez Represented By Terrence Fantauzzi
Trustee(s):
Karl T Anderson (TR) Pro Se
11:00 AM
Hrg. on Order to Show Cause why this case should not be dismissed for lack of counsel
EH
Docket 0
- NONE LISTED -
Debtor(s):
Vault Church of Open Faith Pro Se
Trustee(s):
Steven M Speier (TR) Pro Se
11:00 AM
Hrg. on chapter 7 trustee's Motion filed 8/29/19 (1) Approving Short Sale of Real Property of the estate free and clear of liens pursuant to Bankruptcy Code §§ 363(b) & 363(f); (2) Approving payment of real estate commissions; and (3)
Granting related relief
(Order shortening time signed on 8/31/18)
EH
Docket 23
- NONE LISTED -
Debtor(s):
Mark Wolodymyr Perekrest Represented By Robert L Firth
Trustee(s):
John P Pringle (TR) Pro Se
1:30 PM
Hrg. on U.S. Trustee's Motion filed 8/14/18 For Sanctions/Disgorgement of fees paid to The Law Offices of Lionel E. Giron
EH
Docket 57
- NONE LISTED -
Debtor(s):
Brenda Orea Pro Se
1:30 PM
Hrg re Motion for Order authorizing Debtor in Possession to employ Brown, White & Osborn, LLP as Special Counsel
EH
Docket 89
- NONE LISTED -
Debtor(s):
CompCare Medical, Inc. Represented By Todd L Turoci
1:30 PM
Hrg. on Chapter 11 Status Conference EH
Docket 1
- NONE LISTED -
Debtor(s):
Zenith Homes, LLC Represented By Brian C Miles
1:30 PM
Law Offices of Russel T. Little, APC - movant attorney Motion for Relief from Stay
Banning Office Building, LLC vs. DEBTOR (Motion filed 8/9/18)
Re: 161 W. Ramsey Street, Banning, CA 92220 EH
Docket 22
- NONE LISTED -
Debtor(s):
Zenith Homes, LLC Represented By Brian C Miles
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 7/13/18 Between Debtor and Nationwide West LLC in the amount of $11,339.35
Re: 2014 Nissan
Docket 16
This matter will be heard by Judge Wallace in Video Courtroom 225 on the date and time originally scheduled. Judge Wallace’s tentative ruling is as follows:
The Court will disapprove the Agreement as being not in Debtor's best interests. COURT TO PREPARE ORDER.
Debtor(s):
Iris A Alvarenga Pro Se
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 7/27/18 Between Debtor and JPMorgan Chase Bank, N.A., in the amount of $11,842.12
Re: 2015 Subaru Forester
Docket 10
This matter will be heard by Judge Wallace in Video Courtroom 225 on the date and time originally scheduled. Judge Wallace’s tentative ruling is as follows:
The Court will approve the Agreement if the vehicle is insured and Debtor believes she can afford the payments.
COURT TO PREPARE ORDER.
Debtor(s):
Shirley A Gonzales Represented By Vikrant Chaudhry
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 7/18/18 Between Debtor and Alaska USA Federal Credit Union, in the amount of $17,763.41
Re: 2013 Nissan Pathfinder
Docket 9
This matter will be heard by Judge Wallace in Video Courtroom 225 on the date and time originally scheduled. Judge Wallace’s tentative ruling is as follows:
The Court will disapprove the Agreement as being not in Debtor's best interests. COURT TO PREPARE ORDER.
Debtor(s):
Irma Del Carmen Apodaca Represented By Daniel King
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 7/30/18 Between Debtor and American Honda Finance Corporation, in the amount of $14,097.89
Re: 2016 Honda Civic
Docket 13
This matter will be heard by Judge Wallace in Video Courtroom 225 on the date and time originally scheduled. Judge Wallace’s tentative ruling is as follows:
The Court will disapprove the Agreement as being not in Debtor's best interests. COURT TO PREPARE ORDER.
Debtor(s):
Manuel Cisneros Pro Se
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 7/24/18 Between Debtors and SchoolsFirst Federal Credit Union, in the amount of $2,588.47
Re: 2007 Lexus ES350
Docket 32
This matter will be heard by Judge Wallace in Video Courtroom 225 on the date and time originally scheduled. Judge Wallace’s tentative ruling is as follows:
The Court will approve the Agreement if the vehicle is insured and Debtors believes they can afford the payments.
COURT TO PREPARE ORDER.
Debtor(s):
Patrick Scott Straser Represented By Stephen H Darrow
Joint Debtor(s):
Sofia Maria Straser Represented By Stephen H Darrow
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 7/24/18 Between Debtors and SchoolsFirst Federal Credit Union, in the amount of $28,913.48
Re: 2014 Lexus RX350
Docket 33
This matter will be heard by Judge Wallace in Video Courtroom 225 on the date and time originally scheduled. Judge Wallace’s tentative ruling is as follows:
The Court will disapprove the Agreement as being not in Debtors' best interests. COURT TO PREPARE ORDER.
Debtor(s):
Patrick Scott Straser Represented By Stephen H Darrow
Joint Debtor(s):
Sofia Maria Straser Represented By Stephen H Darrow
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 7/27/18 Between Debtor and Bank of America, N.A., in the amount of $13,800.91
Re: 2014 Chevrolet Equinox # 8748
Docket 8
This matter will be heard by Judge Wallace in Video Courtroom 225 on the date and time originally scheduled. Judge Wallace’s tentative ruling is as follows:
The Court will disapprove the Agreement as being not in Debtor's best interests. COURT TO PREPARE ORDER.
Debtor(s):
Jaclyn Burchett Represented By Daniel King
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 7/18/18 Between Debtor and Challenge Financial Services, Inc., in the amount of $4,602.78
Re: 2008 Honda Civic
Docket 16
- NONE LISTED -
Debtor(s):
Corey M. Matteson Represented By
C Scott Rudibaugh
Joint Debtor(s):
Ashley T. Matteson Represented By
C Scott Rudibaugh
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
Hrg. on Approval of Reaffirmation agreement Between Debtor and Nissan Motor Acceptance Corporation, in the amount of $14,728.70
Re: 2013 Nissan Frontier
Docket 8
This matter will be heard by Judge Wallace in Video Courtroom 225 on the date and time originally scheduled. Judge Wallace’s tentative ruling is as follows:
The Court will disapprove the Agreement as being not in Debtor's best interests. COURT TO PREPARE ORDER.
Debtor(s):
Isabel Guerrero Cavero Represented By Daniel King
Trustee(s):
Lynda T. Bui (TR) Pro Se
1:30 PM
Adv#: 6:13-01205 Navarro v. Robertson et al
STATUS CONFERENCE re: Complaint to determine non-dischargeability of debt [11 USC Sec 523(a)(2), (4) and (6)]
(Cont. from 5/2/18) EH
Docket 1
- NONE LISTED -
Debtor(s):
Linda Sue Robertson Pro Se
Defendant(s):
Linda Sue Robertson Represented By Thomas J Polis
Denny Robertson Represented By Thomas J Polis
Plaintiff(s):
Jorge Navarro Represented By Edgar P Lombera
Trustee(s):
Todd A. Frealy (TR) Pro Se
1:30 PM
1:30 PM
Adv#: 6:18-01088 Frazer v. 395 Lampe, LLC
STATUS CONFERENCE re: Complaint by Helen R Frazer against 395 Lampe, LLC for: 1. Violation of the Automatic Stay [11 U.S.C. Section 362(A)(1), 362(A)
and 362(K)]; 2. Temporary Restraining Order and Preliminary Injunction; 3.
Breach of Fiduciary Duty; and 4. Declaratory Relief (Cont. from 7/11/18; 8/1/18)
EH
Docket 1
- NONE LISTED -
Debtor(s):
DESERT RANCH LLLP Represented By Jenny L Doling Summer M Shaw
Defendant(s):
395 Lampe, LLC Pro Se
Plaintiff(s):
Helen R Frazer Represented By Laurel R Zaeske
Trustee(s):
Helen R. Frazer (TR) Represented By Laurel R Zaeske
1:30 PM
Adv#: 6:18-01137 Rife v. WELLS FARGO BANK, N.A.
STATUS CONFERENCE re: Complaint by Shawn Maceo Rife against WELLS FARGO BANK, N.A.. (Charge To Estate). (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (12 (Recovery of money/property - 547 preference)),(14 (Recovery of money/property - other))
EH
Docket 1
- NONE LISTED -
Debtor(s):
Shawn Maceo Rife Represented By Michael Jones Sara Tidd
Defendant(s):
WELLS FARGO BANK, N.A. Pro Se
Joint Debtor(s):
Shayne Morgan Rife Represented By Michael Jones Sara Tidd
Plaintiff(s):
Shawn Maceo Rife Represented By Michael Jones
1:30 PM
Adv#: 6:17-01253 Zamora et al v. Rodriguez
PRE-TRIAL CONFERENCE re: Complaint by Hilda H Zamora, Caronna, Johnson & Zamora, LLP against Gabriella Rodriguez - 523(a)(5), (a)(15)
EH
Docket 1
- NONE LISTED -
Debtor(s):
Gabriela Rodriguez Represented By Edgar P Lombera
Defendant(s):
Gabriella Rodriguez Pro Se
Plaintiff(s):
Hilda H Zamora Represented By Leonard J Cravens
Caronna, Johnson & Zamora, LLP Represented By
Leonard J Cravens
Trustee(s):
Lynda T. Bui (TR) Pro Se
1:30 PM
Adv#: 6:18-01056 Whitmore v. McKay V et al
STATUS CONFERENCE re: Complaint by Robert S. Whitmore against Alexander H. McKay V, Alexander H. McKay V as Trustee of the Alexander McKay V Living Trust. (Charge To Estate). (1) Determine that Property is Property of the Bankruptcy Estate; (2) Avoidance of Avoidable Transactions; and (3) To Recover Avoided Transactions Nature of Suit: (14 (Recovery of money/property - other)),(91 (Declaratory judgment))
(Cont. from 5/30/18) EH
Docket 1
- NONE LISTED -
Debtor(s):
Deborah McKay Represented By Natalie A Alvarado
Defendant(s):
Alexander H. McKay V Pro Se Alexander H. McKay V as Trustee Pro Se
Plaintiff(s):
Robert S. Whitmore Represented By Franklin C Adams
Trustee(s):
Robert Whitmore (TR) Represented By Franklin C Adams
1:30 PM
1:30 PM
Adv#: 6:17-01254 Baumgartner et al v. Carrillo
Pre-Trial CONFERENCE re: Complaint by Brett Baumgartner , Margarett Baumgartner against Wendy Carrillo - 523(a)(4), (a)(6)
EH
Docket 1
- NONE LISTED -
Debtor(s):
Wendy Carrillo Represented By Paul Y Lee
Defendant(s):
Wendy Carrillo Pro Se
Plaintiff(s):
Brett Baumgartner Represented By
Laura Blumenstein
Margarett Baumgartner Represented By
Laura Blumenstein
Trustee(s):
Todd A. Frealy (TR) Pro Se
1:30 PM
Adv#: 6:18-01142 Winstead v. Williams
Status Conference re Complaint by Porsche Winstead against Joe Donnell Williams for willful and malicious injury
EH
Docket 1
- NONE LISTED -
Debtor(s):
Joe Donnell Williams Represented By
M Wayne Tucker
Defendant(s):
Joe Donnell Williams Pro Se
Plaintiff(s):
Porsche Winstead Represented By Todd L Turoci
Trustee(s):
Todd A. Frealy (TR) Pro Se
1:30 PM
Adv#: 6:18-01142 Winstead v. Williams
Hrg. on Defendant's Motion to dismiss for failure to state a cause of action EH
(Cont. from 8/22/18)
Docket 6
- NONE LISTED -
Debtor(s):
Joe Donnell Williams Represented By
M Wayne Tucker
Defendant(s):
Joe Donnell Williams Represented By
M Wayne Tucker
Plaintiff(s):
Porsche Winstead Represented By Todd L Turoci
Trustee(s):
Todd A. Frealy (TR) Pro Se
11:00 AM
Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses
(Final Report filed 8/8/18)
[RE: LYNDA T. BUI - Chapter 7 Trustee] [Fees: $55,281.91; Expenses: $1,095.35]
[RE: SULMEYERKUPETZ - Attorney For Chapter 7 Trustee] [Fees: $24,551.50; Expenses: $8,647.55]
[RE: MARSHACK HAYS, LLP - Attorney For Trustee] [Fees: 80,756.50]
[RE: HAHN FIFE & COMPANY - Accountant For Chapter 7 Trustee] [Fees: $7,004.00; Expenses: $424.00]
[RE: BLUE CAPITAL LAW FIRM, P.C. - Attorney For Creditor] [Fees: $44,707.80; Expenses: $0.00]
Docket 563
Tentative for 9/12/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance is required, and no hearing will be held on 9/12/18. Should an opposing party file a late opposition or appear seeking a hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Trustee to lodge an order within seven (7) days.
11:00 AM
Debtor(s):
Woori The Winners Inc Represented By Jaenam J Coe
Trustee(s):
Lynda T. Bui (TR) Represented By David M Goodrich Steven Werth
11:00 AM
Adv#: 8:14-01003 Adams, Jr. v. Sepulveda
CONT'D Hearing RE: Order To Appear For Examination RE Enforcement Of Judgment (Third Party) - [RE: Jami Deusterman]
(Set per Order Entered 7/19/18) FR: 8-23-18
Docket 231
- NONE LISTED -
Debtor(s):
Brent Roy Sepulveda Represented By Bruce C Bridgman
Defendant(s):
Brent Roy Sepulveda Represented By Babak Samini
Plaintiff(s):
George Adams Jr. Represented By James C Bastian Jr
Melissa Davis Lowe Ryan D ODea Franklin J Contreras
Trustee(s):
Thomas H Casey (TR) Pro Se
11:00 AM
Adv#: 8:14-01003 Adams, Jr. v. Sepulveda
Hearing RE: Order For Judgment Debtor Brent Roy Sepulveda To Appear For Examination RE: Enforcment Of Judgment
(Set per Order Entered 8-2-18)
Docket 0
- NONE LISTED -
Debtor(s):
Brent Roy Sepulveda Represented By Bruce C Bridgman
Defendant(s):
Brent Roy Sepulveda Represented By Babak Samini
Plaintiff(s):
George Adams Jr. Represented By James C Bastian Jr
Melissa Davis Lowe Ryan D ODea Franklin J Contreras
Trustee(s):
Thomas H Casey (TR) Pro Se
11:00 AM
Adv#: 8:18-01116 Marshack v. Dickey's Barbecue Restaurants, Inc.
STATUS CONFERENCE Hearing RE: Complaint For Breach Of Contract; Breach Of The Implied Covenant Of Good Faith And Fair Dealing; Fraud; Negligence; Conversion; Violation Of California Franchise Relations Act Provisions Of The Business And Professions Code; Defamation (Complaint filed 6/23/18)
Docket 1
- NONE LISTED -
Debtor(s):
Stephen Matthew Huerth Represented By Michael Jones Sara Tidd
Defendant(s):
Dickey's Barbecue Restaurants, Inc. Pro Se
Joint Debtor(s):
Laura Elizabeth Huerth Represented By Michael Jones Sara Tidd
Plaintiff(s):
Richard A. Marshack Represented By Leslie K Kaufman Michael Jones
11:00 AM
Trustee(s):
Richard A Marshack (TR) Represented By Michael Jones Leslie K Kaufman
11:00 AM
Adv#: 8:18-01112 Golden, Chapter 7 Trustee v. Bang et al
STATUS CONFERENCE Hearing RE: First Amended Complaint For:
Avoidance Of Transfers Voidable By A Bona Fide Purchaser Of Real Property [11 U.S.C. Section 544(a)(3)];
Avoidance Of Actual Fraudulent Transfer [11 U.S.C. Section 548(a)(1)(A)];
Avoidance Of Constructive Fraudulent Transfer [11 U.S.C. Section 548(a)(1)(B)];
Recovery Of Avoided Transfers [11 U.S.C. Section 550]; And
Turnover [11 U.S.C. Section 542(a)] (Complaint filed 6/18/18)
(First Amended Complaint filed 7/26/18)
Docket 11
- NONE LISTED -
Debtor(s):
Du Sik Kang Represented By
Jisoo Hwang
Defendant(s):
Ik Soo Bang Pro Se
Hye Young Bang Pro Se
Ik Soo Bang, Hye Young Bang, as Pro Se
Wells Fargo & Company Pro Se
Plaintiff(s):
Jeffrey I. Golden, Chapter 7 Trustee Represented By
11:00 AM
Trustee(s):
Noreen A Madoyan
Jeffrey I Golden (TR) Represented By Noreen A Madoyan
11:00 AM
Adv#: 8:18-01064 Luminance Health Group, Inc. v. Castanon
CONT'D STAUS CONFERENCE Hearing RE: Complaint For Declaratory Relief Regarding Property Of The Estate Pursuant To 11 U.S.C. Section 541 (Complaint filed 4/3/18)
(Another Summons issued 6/22/18) FR: 6-21-18; 7-11-18
Docket 1
- NONE LISTED -
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Defendant(s):
Michael Castanon Pro Se
Plaintiff(s):
Luminance Health Group, Inc. Represented By Faye C Rasch
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays David Wood Kyra E Andrassy
10:00 AM
Motion for relief from stay [Unlawful Detainer]
SFS Chanden One, LLC vs. DEBTOR (Motion filed 8/13/18)
[RE: 12015 Slauson Avenue, Suite C, Santa Fe Springs, California, 90670]
Docket 9
Debtor(s):
George Luis Garcia Sr. Represented By Steven A Alpert
Trustee(s):
Weneta M Kosmala (TR) Pro Se
11:00 AM
CONT'D POST-EFFECTIVE STATUS CONFERENCE Hearing RE: (1) Case
Management Conference And (2) Requiring Status Report (Petition filed 6/13/16)
(Post-Effective S/C set at confirmation hearing held 8/31/17)
FR: 8-4-16; 10-20-16; 12-15-16; 2-16-17; 3-9-17, 5-11-17; 8-31-17; 11-9-17;
2-22-18; 5-3-18
Docket 1
Debtor(s):
Marzieh Bagheri-Tari Represented By
Yeznik O Kazandjian
11:00 AM
Hearing RE: Motion To Approve Compromise Pursuant To Federal Rules Of Bankruptcy Procedure 9019
(Motion filed 8/7/18)
Docket 223
Debtor(s):
Charles Flowers Harrison Represented By Michael Jones Sara Tidd
Joint Debtor(s):
Martha Isabel Montoya Represented By Michael Jones Sara Tidd
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 1/4/18)
FR: 2-22-18; 6-14-18; 6-21-18; 7-19-18
Docket 1
Debtor(s):
Fuzion Meet Eat Play, LLC Represented By Jeffrey B Smith
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 1/23/18) FR: 4-5-18
Docket 1
Debtor(s):
James M Mullion Represented By Jeffrey B Smith
11:00 AM
STATUS CONFERENCE Hearing RE: (1) Case Management Conference And
(2) Requiring Status Report (Petition filed 7/24/18)
Docket 1
Debtor(s):
Tina Hong-Ngoc Trinh Represented By Michael Jones
10:00 AM
Law Offices of Austin P. Nagel - movant attorney Motion for Relief from Stay
Toyota Motor Credit Corporation vs. DEBTORS Motion filed 8/23/18)
Re: 2017 Toyota Corolla EH
(Tele. appr. Austin P. Nagel, rep. creditor, Toyota)
Docket 29
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Matthew A Krechmery Represented By Terrence Fantauzzi
Joint Debtor(s):
Regina Krechmery Represented By Terrence Fantauzzi
10:00 AM
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
Prober & Raphael - movant attorney Motion for relief from stay
Carrington Mortgage Services LLC vs DEBTORS (Motion filed 7/6/18)
(Cont. from 7/31/18)
RE: 11971 Cove Court, Adelanto, California 92301 EH
(Tele. appr. Bonni Mantovani, rep. creditor, Carrington Mortgage Services, LLC)
Docket 13
Tentative for 9/18/18 is to DENY.
The Chapter 7 Trustee withdrew his objection on 8/9/18 [Dk. 28]. However, Debtors previously asserted they have cured the arrearages and are now current on mortgage payments. The current mortgage payments and Debtors' equity in the property render Movant adequately protected.
Appearances required.
************************************************************************** Tentative for 7/31/18 is to DENY:
The Chapter 7 Trustee filed an opposition on 7/16/18 [Dk. 19] and Debtors filed an opposition on 7/17/18 [Dk. 20]. The Chapter 7 Trustee provides evidence of additional equity in the property, which renders Movant adequately protected.
10:00 AM
Appearances required.
Debtor(s):
Justin R. Smith Represented By Ronald W Ask
Joint Debtor(s):
Julie M. Smith Represented By Ronald W Ask
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
Tiffany & Bosco - movant attorney Motion for Relief from Stay
U.S. Bank National Association vs. DEBTOR (Motion filed 8/27/18)
Re: 2015 Dodge Truck Ram 3500; Vin No. 3C63RRJL1FG617466
EH
(Tele. appr. Megan Lees, rep. creditor, U.S. Bank National Association)
Docket 11
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Jason Lim Represented By
Edgar P Lombera
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
Law Office of Austin P. Nagel - movant attorney Motion for Relief from Stay
Toyota Motor Credit Corporation vs. DEBTORS (Motion filed 8/21/18)
Re: 2015 Toyota Prius EH
(Tele. appr. Austin P. Nagel, rep, creditor, Toyota)
Docket 12
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Alejandro R Ureste Represented By Christopher Hewitt
Joint Debtor(s):
Ernestina M Ureste Represented By Christopher Hewitt
10:00 AM
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Aldridge Pite, LLP - movant attorney Motion for Relief from Stay
U.S. Bank National Association vs. DEBTOR (Motion filed 8/17/18)
Re: 2931 Cherry Laurel Lane, San Jacinto, CA 92582-3777 EH
(Tele. appr. Alexander Lee, rep. movant, U.S. Bank National Association)
Docket 29
Tentative for 9/18/18 is to GRANT in part and DENY in part.
The Court will GRANT the request for relief under 11 U.S.C. §362(d)(1) with a 4001(a)(3) waiver and will DENY the request for relief under 11 U.S.C. § 362(d)(2) as equity exists utilizing Debtor's valuation of $333,000.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
ANGELICA RUIZ LOMELI Represented By Joseph H Hofman
10:00 AM
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
French Lyon Tang - movant attorney Motion for Relief from Stay
Bank of the West vs. DEBTOR (Motion filed 8/24/18)
Re: 2018 Ford Explorer EH
Docket 11
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Adrina Yvonne Salgado Pro Se
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
Kim Carter - movant attorney Motion for Relief from Stay
Richard Van Leeuwen vs. DEBTOR (Motion filed 8/6/18)
(Cont. from 8/21/18)
Re: 1870 Jeffrey Road, El Centro, CA 92443 EH
Docket 18
Tentative for 9/18/18 is to DENY:
This Matter was continued by an Order entered 8/21/18 [Dk. 28] granting the Movant's Motion to Continue, filed on 8/17/18 [Dk. 25], which sought a continuance to allow Movant to correct service defects. Movant has not filed anything further, and thus it is impossible for the Court to ascertain whether the service defects have been cured and service of the Motion has been properly made on Debtor as required by LBR 4001-1(c).
Appearances required.
Debtor(s):
MBC USA Inc Represented By George J Paukert
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
10:00 AM
Schwartz Hyde & Garfiled - movant attorney Motion for Relief from Stay
The County of Imperial vs. DEBTOR (Motion filed 8/20/18
(Cont. from 9/11/18) Re: Personal Property EH
Docket 26
Tentative for 9/18/18:
The Court has reviewed the Supplemental papers filed 9/13/18 [Dk. 32] and will GRANT pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
******************************************************************************* Tentative for 9/11/18 is to CONTINUE this matter to 9/18/18 at 10:00 a.m. to allow Movant to file supplemental papers addressing or resolving the following isuses:
The Motion is unclear as to when the seizure of Debtor's personal
10:00 AM
property occurred.
The supplemental page provides no foundational facts from which the Court can determine Movant actually has knowledge that a removal occurred.
The relief requested is unclear. The body of the motion requests relief under §362(d)(1), but the prayer for relief requests relief under §362(d)(2).
Movant did not provide sufficient evidence to establish the extraordinary relief requested in ¶¶7-9 is warranted.
Supplemental papers, if any, must be filed no later than 9/13/18.
Appearances are excused. This matter is VACATED and no hearing will be held on 9/11/18.
Debtor(s):
MBC USA Inc Represented By George J Paukert
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Wright, Finlay & Zak, LLP - movant attorney Motion for Relief from Stay
Quicken Loans Inc. vs. DEBTOR (Motion filed 8/15/18)
Re: 2056 Carty Way, Needles, CA 92363 EH
Docket 7
NONE LISTED -
Debtor(s):
Linda Lee Darrow Represented By Edgar P Lombera
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
Garwacki & Associates - movant attorney Motion for Relief from Stay
Partners Federal Credit Union vs. DEBTOR (Motion filed 8/22/18)
Re: 2011 Jeep Wrangler VIN 1J4BA3H10BL579099
EH
Docket 7
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Rolly T Ladd Represented By
M Wayne Tucker
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
RIM Properties - movant Motion for Relief from Stay
RIM Properties vs DEBTOR (Motion filed 8/10/18) (Cont. from 8/21/18)
RE: 16528 Sequoia Road 6, Hesperia CA 92345 EH
Docket 10
Tentative for 9/18/18 is to DENY:
As of the posting of this tentative, Movant has not provided any evidence that either of the below defects have been resolved.
Appearances required.
**************************************************************************** Tentative for 8/21/18 is to DENY:
Movant is a pro se partnership, which may not appear without counsel pursuant to LBR 9011-2 (a).
Notwithstanding the foregoing, the Proof of Service attached to the Motion is blank. There is no evidence that this Motion was served on Debtor in compliance with the applicable LBRs, or that Debtor received telephonic notice of the hearing in compliance with this Court's procedures, which is a prerequisite for hearings on shortened time.
10:00 AM
Debtor(s):
Maria Estella Diaz Pro Se
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
Kimball, Tirey & St. John LLP - movant attorney Motion for Relief from Stay
Jamboree Apartments, LLC vs. DEBTOR (Motion filed 8/15/18)
(Cont from 9/11/18)
Re: 10950 Church St., #4412, Rancho Cucamonga, CA 91730 EH
Docket 7
Tentative for 9/18/18 is to GRANT pursuant to 11 U.S.C. §362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.
Debtor filed a tardy opposition on 9/7/18 [Dk. 13], but did not raise any substantive grounds to challenge the Motion.
Appearances required.
Debtor(s):
Crabrill C Williams Pro Se
Trustee(s):
Karl T Anderson (TR) Pro Se
11:00 AM
Hrg. on trustee's final report; applications for compensation EH
Docket 0
Tentative for 9/18/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
William Joseph Kuznkowski III Represented By Jenny L Doling
Joint Debtor(s):
Elizabeth Ann Kuznkowski Represented By Jenny L Doling
Trustee(s):
Robert Whitmore (TR) Pro Se
11:00 AM
Hrg. on trustee's final report; applications for compensation EH
Docket 0
Tentative for 9/18/18 is to APPROVE as requested in the Trustee's Final Report.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Alejandra Dominguez Represented By Marend M Garrett
Trustee(s):
Karl T Anderson (TR) Represented By Brandon J Iskander Leonard M Shulman Lynda T Bui
Shulman Hodges & Bastian LLP
11:00 AM
Hrg. on Motion For Order: (1) Authorizing Sale of Estate's Right, Title and Interest in Real Property; (2) Approving Overbid Procedure; (3) Approving Payment of Commissions; and (4) Waiving the Rule 6004(h) Stay
EH
Docket 145
Tentative for 9/18/18 is to GRANT, except as follows: the Limited Opposition is well taken, and the order approving the sale should be modified as discussed in the Limited Opposition and Reply.
Appearances required.
Debtor(s):
River Crest Estates, LLC Represented By Todd L Turoci
Trustee(s):
Larry D Simons (TR) Represented By Carmela Pagay Todd A Frealy
11:00 AM
Hrg on Trustee's Final Report and Applications for Compensation EH
Docket 29
Tentative for 9/18/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Omar Green Lara Represented By Marlin Branstetter
Joint Debtor(s):
Rosa Isela Green Represented By Marlin Branstetter
Trustee(s):
Charles W Daff (TR) Pro Se
11:00 AM
Hrg. on Order to Show Cause re: Appointment of a chapter 11 trustee EH
Docket 0
NONE LISTED -
Debtor(s):
Mario Antonio Garcia Sr. Represented By Michael J Allison
Joint Debtor(s):
Veronica Bolanos Garcia Represented By Michael J Allison
11:00 AM
Hrg on Debtor's Motion to Redeem Property of the Estate (Cont. from 9/11/18)
EH
(Tele.appr Jennifer Wang, rep. creditor, Santander)
Docket 8
NONE LISTED -
Debtor(s):
Steve Marquez Represented By Terrence Fantauzzi
Trustee(s):
Karl T Anderson (TR) Pro Se
11:00 AM
Hrg on Debtor's Motion to Avoid Lien with Thunderbolt Holdings Ltd., LLC (Cont. from 9/11/18)
EH
(Tele. appr Craig Sanders, rep. creditor, Thunderbolte Holdings, LTC, LLC)
Docket 20
Tentative for 9/18/18:
The Court has reviewed the Motion to Avoid Lien filed by Debtor Jamie L. Reulman ("Debtor") on 7/6/18 [Dk. 20] ("Motion"), the Opposition to Motion [Dk. 22] and Memorandum of Points and Authorities [Dk. 23] (collectively, Opposition") filed by Creditor Thunderbolt Holdings LTD, LLC ("Creditor") on 7/23/18, and the Reply filed by the Debtor on 8/30/18 [Dk. 26].
To the extent the Creditor requests the Court reconsider its Order Reopening Bankruptcy Case entered on 7/3/18 [Dk. 18] ("Order Reopening Case"), the Court will interpret the Opposition as a motion for relief from an order under Rule 60(b) of the Federal Rules of Civil Procedure (applicable to bankruptcy through Rule 9024 of the Federal Rules of Bankruptcy Procedure), or a motion to alter or amend a judgment under Rule 59(e) of the Federal Rules of Civil Procedure (applicable to bankruptcy through Rule 9023 of the Federal Rules of Bankruptcy Procedure). Based on Rules 59(e) and 60(b), the Court has reconsidered the Order Reopening Case, and notwithstanding the issues raised by the Creditor, including alleged service issues and the apparent inconsistency between the Motion to reopen and the original schedules, the request to alter, amend, or otherwise relieve the Creditor from the Order Reopening Case is DENIED. Motions to reopen cases are ministerial and courts may exercise their discretion to grant such motions liberally to provide access to courts so that matters may be determined on their merits. See, e.g.,
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In re Lopez, 283 B.R. 22, 26 (B.A.P. 9th Cir. 2002) (quoting Menk v. LaPaglia (In re Menk), 241 B.R. 896, 916–17 (9th Cir. BAP 1999)). ("[R]eopening a case is typically ministerial and ‘presents only a narrow range of issues: whether further administration appears to be warranted; whether a trustee should be appointed; and whether the circumstances of reopening necessitate payment of another filing fee.’"); In re Potes, 336 B.R. 731, 732 (Bankr. E.D. Va. 2005) ("A motion to reopen should be liberally granted and ought not be used to force the debtor to prove her case twice, once
to reopen the case and later at the hearing on the merits."). Regarding the allegations of service and notice issues, pursuant to applicable local rules, motions to reopen are not set for hearing and Debtor is only required to provide notice to the former trustee in the case and the United States Trustee, which was done in this case. LBR 5010-1(c) and (e). Accordingly, the Order Reopening Case stands unchanged.
Turning to the present Motion, the Court’s tentative is to GRANT. Debtor has established a prima facie case that (1) the Creditor’s lien is the sort that could be avoided under § 522(f) and (2) that the Creditor’s lien impairs Debtor’s properly-claimed homestead exemption. Given a Property valuation of
$155,000 and the senior lien of $90,899.79, Creditor’s $70,562 lien impairs the Debtor’s $75,000 homestead exemption by more than $80,000. Creditor has not provided any evidence or argument (aside from a general distrust of the Debtor and her motives) to challenge Debtor’s homestead exemption, the value of the Property, or the amount of the liens. Creditor has not provided any statement as to why the calculations of the Debtor in support of the Motion are incorrect. While Creditor makes vague and speculative allegations of prejudice resulting from Debtor’s less than five-year delay in seeking avoidance of Creditor’s lien, Creditor does not provide any evidence of such prejudice. Creditor has failed to carry its burden in challenging the Motion.
See FRBP 4003(c), In re Morgan, 149 B.R. 147, 152 (B.A.P. 9th Cir. 1993).
Accordingly, the Court is inclined to GRANT the Motion.
Appearances required.
Debtor(s):
Jamie L. Reulman Represented By
11:00 AM
Trustee(s):
Daniel C Sever
Charles W Daff (TR) Pro Se
11:00 AM
Hrg. on chapter 7 trustee's Motion filed 8/29/19 (1) Approving Short Sale of Real Property of the estate free and clear of liens pursuant to Bankruptcy Code §§ 363(b) & 363(f); (2) Approving payment of real estate commissions; and (3)
Granting related relief (Cont. from 9/11/18) EH
Docket 23
Tentative for 9/18/18:
The Court has identified a number of issues and inconsistencies with respect to the Motion.
No Notice of Sale of Estate Property was filed or published on the Court’s website as required by LBR 6004-1(f).
The Motion indicates the sale is subject to overbid, but the Trustee did not notice the property for overbid and did not describe any overbid procedures.
There is insufficient evidence for the Court to ascertain whether the sale price is fair and reasonable, particularly in light of the apparent lack of overbids. The Court notes that the proposed sale price of
$398,000 is significantly lower than both the $500,000 value listed on Debtor’s schedules and the listing price identified in the Application to employ the Broker of $455,000 [see Dk. 16, pg. 4]. However, there is no evidence from the broker or otherwise regarding why the proposed sale price is fair and reasonable. There is also no evidence of the
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marketing efforts undertaken that resulted in the present offer and sale price.
Approval of the sale free and clear of all liens is sought under § 363(f). While the Trustee has provided evidence of the consent to a discounted payoff by two of the four secured creditors, the proposed payments to the HOA and the County of Orange are considerably lower than the scheduled amounts owed, and there is no evidence that these creditors have consented to the discounted payoff, or that any of the other factors under § 363(f) apply to these creditors.
Counsel should be prepared to address these issues at the hearing. Appearances required.
Debtor(s):
Mark Wolodymyr Perekrest Represented By Robert L Firth
Trustee(s):
John P Pringle (TR) Pro Se
11:00 AM
Hrg. on attorney for chapter 7 trustee's Motion filed 8/1/18 (1) Authorizing Sale of Real Property Free and Clear of Liens and Encumbrances; (2) Approving Overbid Procedures; (3) Authorizing Payments of Undisputed Liens, Costs of Sale, Property Taxes, and Homestead Exemption; (4) Finding that Real Property is Community Property and Authorizing Trustee to Include in Sale Order that Real Property is Community Property and That Trustee Is Authorized to Sell Entire Real Property; and (5) Finding That Purchaser Is Good Faith Purchaser under 11 U.S.C. § 363(m)
(Cont. from 9/11/18) EH
(Tele. appr. Megan Lees, rep. creditor, Citibank)
Docket 39
Tentative for 9/18/18 is to GRANT the Sale Motion except as to Trustee's request for a finding that the real property is community property.
Trustee should be prepared to explain to the Court why the request for a "finding that the real property is community property and authorizing the Trustee to include in the sale order that real property is community property and that the Trustee is authorized to sell the entire real property" is not seeking declaratory relief that requires an adversary proceeding under FRBP 7001(2), (3), or (9).
Appearances required.
Debtor(s):
Larry Kates Represented By
Richard Lynn Barrett
11:00 AM
Trustee(s):
Robert A Hessling
Karl T Anderson (TR) Represented By Robert A Hessling
1:30 PM
Hrg. on Debtor's Motion filed 8/24/18 for Entry of Final Decree and Closing of Case
EH
Docket 162
Tentative for 9/18/18 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Village News, Inc. Represented By
Robert B Rosenstein
1:30 PM
Hrg. on Debtor's Motion filed 8/28/18 to Use Cash Collateral through January 31, 2019, and granting replacement liens to lienholders
EH
Docket 338
Tentative for 9/18/18 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Foster Enterprises, a California Represented By Dean G Rallis Jr Matthew D Pham Gregory K Jones
1:30 PM
Hrg. on Order to Show Cause re: Appointment of a chapter 11 trustee (Cont. from 11:00 a.m. calendar)
EH
(Tele. appr. Todd Garan, rep. movant, U.S. Bank National Association)
Docket 0
Tentative for 9/18/18 is to appoint a Chapter 11 Trustee.
Appearances required.
Debtor(s):
Mario Antonio Garcia Sr. Represented By Michael J Allison
Joint Debtor(s):
Veronica Bolanos Garcia Represented By Michael J Allison
1:30 PM
Hrg on Confirmation of Chapter 11 Plan of Reorganization (Cont. from 8/14/18)
EH
(Tele. appr. Todd Garan, rep. movant, U.S. Bank National Association)
Docket 59
Tentative for 9/18/18 is to DENY confirmation.
*****************************************************************************
Tentative for 8/14/18 is to DENY confirmation and set an order to show cause why this case should not be converted to Chapter 7.
Debtors fail to meet the requirements of their own feasibility analysis described in the Amended Disclosure Statement. Am. Disclosure Statement pg. 23:16–24:12 [Dk. 99]. The feasibility analysis relies on two prongs: (1) whether Debtor will have enough cash on hand on the Effective Date of the Plan to pay all claims and expenses that are entitled to be paid on that date and (2) whether Debtor will have enough cash over the life of the Plan to make the required Plan payments. Id. Debtor has failed to demonstrate that the Plan is feasible on both prongs.
Appearances required.
Debtor(s):
Mario Antonio Garcia Sr. Represented By Michael J Allison
1:30 PM
Joint Debtor(s):
Veronica Bolanos Garcia Represented By Michael J Allison
1:30 PM
Hrg. on Chapter 11 Status Conference (Cont. from 8/14/18)
EH
(Tele. appr. Todd Garan, rep. movant, U.S. Bank National Association)
Docket 0
Tentative for 9/18/18:
None listed.
*************************************************************************** Tentative for 2/20/18:
As of the posting of this tentative, no Status Report has been filed. What is the status of this case?
The Court is inclined to sanction Debtor $100 for failure to timely file a status report as required by the order issued 12/28/17 [Dk. 13].
Debtor(s):
Mario Antonio Garcia Sr. Represented By Michael J Allison
Joint Debtor(s):
Veronica Bolanos Garcia Represented By Michael J Allison
1:30 PM
Hrg. on Debtor's Motion filed 8/22/18 (1) Approving sale of real property; (2) Approving payment of real estate commission and other related costs
EH
(Tele. appr. Brian Harvey, rep. creditor, Strategic Funding Source)
Docket 82
NONE LISTED -
Debtor(s):
Big Bear Bowling Barn, Inc. Represented By Julie J Villalobos
1:30 PM
Hrg on Confirmation of Chapter 11 Plan of Reorganization EH
(Tele. appr. Najah Shaniff, rep. creditor, United States of America)
Docket 76
Tentative for 9/18/18:
The Court has reviewed the Objection and the Reply, and is unconvinced that the Reply adequately addresses the concerns regarding feasibility that were raised in the Objection.
Counsel for the UST and Debtor should appear and be prepared to address these issues, including ensuring the availability of any appropriate witnesses at the hearing.
Debtor(s):
CompCare Medical, Inc. Represented By Todd L Turoci
1:30 PM
Hrg. on Chapter 11 Status Conference (Cont. from 7/17/18)
EH
(Tele. appr. Najah Shaniff, rep. creditor, United States of America)
Docket 0
Tentative for 9/18/18 is to set a continued status conference on February 19, 2019 at 1:30 p.m. A status report is due 14 days in advance.
***************************************************************************** Tentative for 7/17/18 is to CONTINUE to 9/18/18 at 1:30 p.m.
***************************************************************************** Tentative for 5/15/18 is to set the following dates/deadlines:
Deadline to file a Plan and Disclosure Statement: August 3, 2018, which is approximately 120 days from the Petition Date. Note: the failure to timely file a Plan and Disclosure Statement may result in the dismissal or conversion of the case.
Continued Status Conference: August 21, 2018 at 1:30 p.m.. A status report is due 14 days in advance.
Debtor is to lodge a scheduling order within seven days.
Debtor(s):
CompCare Medical, Inc. Represented By
1:30 PM
Todd L Turoci
1:30 PM
Hrg re Motion for Order authorizing Debtor in Possession to employ Brown,
White & Osborn, LLP as Special Counsel (Cont. from 9/11/18)
EH
(Tele. appr. Najah Shaniff, rep. creditor, United States of America)
Docket 89
NONE LISTED -
Debtor(s):
CompCare Medical, Inc. Represented By Todd L Turoci
1:30 PM
Hrg. on Debtor's Motion filed 8/8/18 to Use Cash Collateral (Cont. from 8/9/18)
EH
(Tele. appr. Illyssa Fogel, rep. Debtor, Lovejoy's Family Moving)
Docket 5
NONE LISTED -
Debtor(s):
Lovejoy's Family Moving., Inc., dba Represented By
Illyssa I Fogel
Movant(s):
Lovejoy's Family Moving., Inc., dba Represented By
Illyssa I Fogel
1:30 PM
Hrg. on Chapter 11 Status Conference (Cont. from 9/11/18)
EH
(Tele. appr. Russel Little, rep. movant, Banning Office Building, LLC)
Docket 1
Tentative for 9/18/18:
As of the posting of this tentative, no status report has been filed. The Court also notes that in the Opposition the Debtor filed on 8/9/48 [Dk. 20] to the Motion for Relief from Stay filed by Cardenas Three, LLC, Debtor represented that the subject Property is necessary for a successful reorganization. Relief from stay was granted to Cardenas Three, LLC and there is another motion for relief from stay pending with respect to that Property.
In an order entered 9/6/18 [Dk. 40], the Court set an OSC re why this case should not be dismissed. Responses to the OSC are due at noon on 9/17/18.
Appearances required.
Debtor(s):
Zenith Homes, LLC Represented By Brian C Miles
1:30 PM
Hrg. on Order to Show Cause re: why the case should be dismissed EH
(Tele. appr. Russel Little, rep. movant, Banning Office Building, LLC)
Docket 1
Tentative for 9/18/18:
On 9/6/18 [Dk. 40], this Court issued an Order to Show Cause Why this Case Should Not be Dismissed ("OSC"), citing Debtor's failure to file a status report as required by the Order (1) Setting Scheduling Hearing and Case Management Conference, and (2) Requiring Status Report [Dk. 6], and the granting of relief from stay on 8/29/18 [Dk. 36] with respect to a property Debtor has represented is necessary to reorganization [see Dk. 20]. Debtor's Response to the OSC is due on 9/17/18 at noon.
In addition to the issues already raised in the OSC, as of the posting of this tentative, Debtor has not filed its Statement of Financial Affairs. This is additional grounds for dismissal, and Debtor should be prepared to address why the case should not be dismissed for failure to timely file a Statement of Financial Affairs.
Appearances required. Failure to appear at the hearing may result in dismissal of the case without further notice.
Debtor(s):
Zenith Homes, LLC Represented By Brian C Miles
1:30 PM
Law Offices of Russel T. Little, APC - movant attorney Motion for Relief from Stay
Banning Office Building, LLC vs. DEBTOR (Motion filed 8/9/18)
Re: 161 W. Ramsey Street, Banning, CA 92220 (Cont. from 9/11/18)
EH
(Tele. appr. Russel Little, rep. movant, Banning Office Building, LLC)
Docket 22
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Zenith Homes, LLC Represented By Brian C Miles
1:30 PM
Adv#: 6:18-01126 Speier, Chapter 7 Trustee of the Estate of Stacey v. Kinsella et al
STATUS CONFERENCE RE: Complaint by Steven Speier, Chapter 7 Trustee of the Estate of Stacey L. Alvarez against Thomas Kinsella, Michael Reilly, as Trustee of the Reilly Family Living Trust Dated June 17, 2017 - 547, 363(h), and 542
(Cont. from 8/15/18) EH
Docket 1
NONE LISTED -
Debtor(s):
Stacey L. Alvarez Represented By Keith Q Nguyen
Defendant(s):
Michael Reilly, as Trustee of the Pro Se
Thomas Kinsella Pro Se
Plaintiff(s):
Steven Speier, Chapter 7 Trustee of Represented By
Arturo M Cisneros
Trustee(s):
Steven M Speier (TR) Represented By Arturo M Cisneros Christina J O
1:30 PM
Adv#: 6:18-01098 Cantu v. David Stone dba Cornerstone Financial Services
STATUS CONFERENCE on Complaint filed 4-27-18 to set aside preference under 11 U.S.C. Section 522 & 11 U.S.C. 547
(Cont. from 8/22/18)
Docket 1
NONE LISTED -
Debtor(s):
Robert Cantu Represented By
Daniel King
Defendant(s):
David Stone dba Cornerstone Pro Se
Plaintiff(s):
Robert Cantu Represented By
Daniel King
Trustee(s):
Robert Whitmore (TR) Pro Se
1:30 PM
Adv#: 6:18-01142 Winstead v. Williams
Hrg. on Defendant's Motion to dismiss for failure to state a cause of action (Cont. from 9/12/18)
EH
Docket 6
NONE LISTED -
Debtor(s):
Joe Donnell Williams Represented By
M Wayne Tucker
Defendant(s):
Joe Donnell Williams Represented By
M Wayne Tucker
Plaintiff(s):
Porsche Winstead Represented By Todd L Turoci
Trustee(s):
Todd A. Frealy (TR) Pro Se
1:30 PM
Adv#: 6:18-01142 Winstead v. Williams
Status Conference re Complaint by Porsche Winstead against Joe Donnell Williams for willful and malicious injury
(Cont. from 9/12/18) EH
Docket 1
NONE LISTED -
Debtor(s):
Joe Donnell Williams Represented By
M Wayne Tucker
Defendant(s):
Joe Donnell Williams Pro Se
Plaintiff(s):
Porsche Winstead Represented By Todd L Turoci
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
Adv#: 8:18-01006 Richard A. Marshack, Chapter 7 Trustee, v. Larson et al
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint:
To Determine The Validity, Priority, And Extent Of Liens;
Objecting To Daniel Keith Larson And Erin Ellen Larson [Claim No. 3] Filed On December 21, 2017;
To Surcharge Lienholders For The Expenses Necessary To Perserve Collateral Securing Their Claims; And
Damages For Violations Of Section 807 Of The FDCPA, 15 U.S.C. Section 1692e
(Complaint filed 1/9/18) (PTC set at S/C held 3/8/18) FR: Advanced from 4-18-18
Docket 1
- NONE LISTED -
Debtor(s):
Dana Kim Shelton Represented By Christopher P Walker
Defendant(s):
BANK OF AMERICA, N.A Pro Se
Peter Kote Pro Se
Erin Ellen Larson Pro Se
Daniel Keith Larson Pro Se
10:00 AM
Plaintiff(s):
Richard A. Marshack, Chapter 7 Represented By
Misty A Perry Isaacson
Trustee(s):
Richard A Marshack (TR) Represented By
Misty A Perry Isaacson
11:00 AM
Adv#: 8:17-01054 Wagner et al v. Coronado
CONT'D PRE-TRIAL CONFERENCE Hearing RE: First Amended Complaint Objecting To The Dischargeability Of Debts Owed To The Plaintiffs Under 11
U.S.C. Section 523 (Complaint filed 4/17/17)
(First Amended Complaint filed 7/17/17) (PTC set at S/C held 8/16/17)
FR: 4-18-18; 7-18-18
Docket 13
- NONE LISTED -
Debtor(s):
Jaime Xavier Coronado Represented By Nathan Fransen
Defendant(s):
Jaime Xavier Coronado Represented By Nathan Fransen
Plaintiff(s):
Thu Van Le Represented By
D Edward Hays David Wood
Am Thi Le Represented By
David Wood
11:00 AM
Mark John Le Represented By
David Wood
Ron Dewalt Represented By
David Wood
Franz Wagner Represented By David Wood
Trustee(s):
Jeffrey I Golden (TR) Pro Se
11:00 AM
Adv#: 8:17-01054 Wagner et al v. Coronado
CONT'D PRE-TRIAL CONFERENCE Hearing RE: First Amended Complaint Objecting To The Dischargeability Of Debts Owed To The Plaintiffs Under 11
U.S.C. Section 523 (Complaint filed 4/17/17)
(First Amended Complaint filed 7/17/17) (PTC set at S/C held 8/16/17)
FR: 4-18-18; 7-18-18; 9-19-18; 12-19-18
Docket 13
- NONE LISTED -
Debtor(s):
Jaime Xavier Coronado Represented By Nathan Fransen
Defendant(s):
Jaime Xavier Coronado Represented By Nathan Fransen
Plaintiff(s):
Ron Dewalt Represented By
David Wood
Mark John Le Represented By
David Wood
Am Thi Le Represented By
11:00 AM
David Wood
Thu Van Le Represented By
D Edward Hays David Wood
Franz Wagner Represented By David Wood
Trustee(s):
Jeffrey I Golden (TR) Pro Se
11:00 AM
Adv#: 8:18-01064 Luminance Health Group, Inc. v. Castanon
CONT'D STAUS CONFERENCE Hearing RE: Complaint For Declaratory Relief Regarding Property Of The Estate Pursuant To 11 U.S.C. Section 541 (Complaint filed 4/3/18)
(Another Summons issued 6/22/18) FR: 6-21-18; 7-11-18; 9-12-18
Docket 1
- NONE LISTED -
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Defendant(s):
Michael Castanon Pro Se
Plaintiff(s):
Luminance Health Group, Inc. Represented By Faye C Rasch
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays David Wood Kyra E Andrassy
1:30 PM
Hrg. on City of San Bernardino Eleventh Objection filed 8/17/18 to Claim Number by Claimant Stephanie Teree Davis (two claims); Barbara Mareo Flores; F.F., by and through his guardian, Melissa Nanez; Roberto Duran Hernandez; Austria Jovel; Lillian Khrone, individually and as successor-in- interest to John William Windley, deceased; Maria T. Lara-Chavez; James Lawson; Lanesha Moreno; C.N., deceased, by his personal representative, Fadia Kamal; Randy Nunez; Angelica Suarez, individually and as successor-in- interest to C.L. and S.S.; B.T., through her attorney Jeffery R. Billings, Esq., Law Offices of Larry H. Parker; Bryan Tates; Halle Tates; Ernie Tobar; Victor Torres; Bryan Trujillo. / Notice of Eleventh Omnibus Objection and City of San Bernardinos Eleventh Omnibus Objection to Claims Where the City Has No Liability
Docket 2582
Tentative for 9/20/18 is to SUSTAIN the objections and DISALLOW the claims in the Eleventh Omnibus Objection to Claims [Dk. 2582].
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
City of San Bernardino, California Represented By
Paul R. Glassman Fred Neufeld Laura L Buchanan
1:30 PM
Hrg. on City of San Bernardin's Twelfth Objection to Claim Number by Claimant J.A., through his attorney, Daniel J. Rafii; Adrian Mejia Davis; Maria De La Torre; Elba Eismann; Rachel Fierro; Thomas Grant; Jack Green; Dorothy Liedtke; Hillary Lozano; National General Insurance, as subrogee of Frank and Consuelo Rodriguez; Beverly Pitts; Nichole Salse; Second Look, Inc., as subrogee of Frank Rodriguez; Arthur John Segovia; Brenda Standifer; Husam Suleiman; Martin Valadez; Caroline Vizcarra. / Notice of Twelfth Omnibus Objection and City of San Bernardinos Twelfth Omnibus Objection to Claims Where the City Has No Liability
(Notice of Withdrawal of objection to Claim of Beverly Pitts filed 9/13/18)
Docket 2586
Tentative for 9/20/18 is to SUSTAIN the objections and DISALLOW the claims in the Twelfth Omnibus Objection to Claims [Dk. 2586], except for the objection to the claim of Beverly Pitts, which was withdrawn on 9/13/18 [Dk. 2626].
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
City of San Bernardino, California Represented By
Paul R. Glassman Fred Neufeld Laura L Buchanan
1:30 PM
Hrg on Tenth Omnibus Objection of the City of San Bernardino to Proofs of Claim that are Inconsistent with the City's Books and Records to Claim Number by Claimant California Professional Engineering Inc., (II) McMaster Carr, (III) Jeffrey Lotspeich, (IV) Patricia Oshita, and (V) Miguel Vargas
EH
(Notice of Withdrawal of Objection to Claim of Jeffrey Lopspeich file 9/13/16)
(Order entered 9/17/18 as to California Professional Engineering, Inc Claim 109 - deemed withdrawn)
(Cont. from 8/16/18)
Docket 2559
Tentative for 9/20/18 is to SUSTAIN the objections and DISALLOW the claims of McMaster Carr, Miguel Vargas and Patricia Oshita. As all other claim objections made in the Tenth Omnibus Objection to Claims [Dk. 2559] have been previously sustained, withdrawn, or otherwise resolved, this appears to conclude the Tenth Omnibus Objection to Claims.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
****************************************************************************** Tentative for 8/16/18 is to SUSTAIN the objections and DISALLOW the claims in the Tenth Omnibus Objection to Claims [Dk. 2559] except as follows:
1:30 PM
With respect to Claim No. 1 filed by McMaster Carr, service is improper because the movant did not serve the claimant to the attention of an officer, managing or general agent or to any other authorized agent. LBR 3007-1(b)
(2) requires service "on the claimant at the address disclosed by the claimant in its proof of claim and such other addresses and upon such parties as may be required by FRBP 7004 and other applicable rules." FRBP 7004(b)(3) requires that a corporation, partnership or other unincorporated association be served “to the attention of an officer, a managing or general agent, or to any other agent authorized by appointment of law to receive service of process.” Where the address listed on the proof of claim differs from or does not comply with FRBP 7004, as stated on the Court's website, this Court requires the claim objection to be served on both addresses. The Tenth Omnibus Objection is CONTINUED to September 20, 2018, at 1:30 p.m. with respect to Claim No. 1 by McMaster Carr to allow Movant to effect proper service. Appearances are excused with respect to this claim.
For the following claims, the Movant redacted the address on the proof of service and/or on the claim attached to the Declaration of Marianne S. Mortimer:
Miguel Vargas, Claim No. 179; Patricia Oshita, Claim No. 258; and Jeffrey Lotspeich, Claim No. 325
The Court cannot evaluate whether service was proper for these claims. Accordingly, the Tenth Omnibus Objection is CONTINUED to September 20, 2018, at 1:30 p.m. with respect to these claims to allow Movant to (1) file a supplemental proof of service with the addresses to allow the Court to evaluate whether service was proper; (2) explain why the addresses must be redacted; or (3) effect proper service an file an appropriate proof of service.
Appearances are excused with respect to these claims.
With respect to Claim No. 197 filed by CitizensTrust, the Tenth Omnibus Objection is CONTINUED to a date to be determined in accordance with the Stipulation filed 7/27/18, [Dk. 2568] and approved by an Order entered 7/30/18 [Dk. 2570]. Appearances are excused with respect to this claim.
1:30 PM
With respect to Claim No. 333 filed by Lewis Brisbois Bisgaard & Smith LLP, (no opposition filed) and Claim No. 105 filed by California Professional Engineering, Inc., (Opposition filed [Dk. 2571]), the Court notes that the Reply filed 8/9/18 [Dk. 2579] represents that Movant has reached a consensual agreement with these two claimants. However, Movant has neither withdrawn the claim objection nor submitted a written agreement for Court approval. Accordingly, the Tenth Omnibus Claim Objection is CONTINUED to September 20, 2018, at 1:30 p.m. to allow Movant to withdraw the objection, file a stipulation, or otherwise resolve the Objection as to these two claims. Appearances are excused with respect to these claims.
With respect to the claims not specificially listed above, this matter appears to be uncontested. Accordingly, no court appearance by Movant is required.
Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
City of San Bernardino, California Represented By
Paul R. Glassman Fred Neufeld Laura L Buchanan
1:30 PM
Hrg on City of San Bernardino's Ninth Omnibus Objection to Claims (1) Where the City Has No Liability and (2) Claimants Failed to Comply with the ADR Procedures to Claim Number by Claimant (I) Yvonne Banda, (II) Joseph Bennett, (III) Veronica Contreras, (IV) Nuvia Lugo, (V) Luis Ramirez, (VI) Guadalupe Sanchez, (VII) Isabel Serrano, and (VII) State Farm Insurance as subrogee of William Weathers
EH
(Order entered on 8/30/18, granting stipulation to take off calendar City's objection to Isabel Serrano Claim.)
(Order entered on 9/11/18 taking off calendar Yvonne Banda, Veronica Contreras and Nuvia Lugo, for time to discuss settlement)
(Notice of Withdrawal of Objections to claims of Joseph Bennett and Guadalupe Sanchez filed on 9/13/18)
Docket 2554
Tentative for 9/20/18 is to SUSTAIN the objection and DISALLOW the claims of Luis Ramirez and State Farm Insurance A/S/O William Weathers. As all other claim objections made in the Ninth Omnibus Objection to Claims [Dk.
2554] have been previously sustained, withdrawn, or otherwise resolved, this appears to conclude the Ninth Omnibus Objection to Claims.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
1:30 PM
****************************************************************************** Tentative for 8/16/18 is to SUSTAIN the objections and DISALLOW the claims in the Ninth Omnibus Objection to Claims [Dk. 2554] except as follows:
With respect to the claims of Yvonne Banda, Veronica Contreras, and Nuvia Lugo (see Declaration of Laura Buchanan, Dk. 2555, Ex. 1), the Court notes that service was made on these Claimants at the address for the attorney for an underlying state court action. The Court is unable to ascertain whether this address is the appropriate address for service, as there is no indication as to whether counsel also represents the Claimants for claim objection purposes, and these Claimants were served at no other address. Accordingly, the Objection as to the Claims of Yvonne Banda, Veronica Contreras, and Nuvia Lugo is CONTINUED to 9/20/18 at 1:30 p.m. to allow Movant to file a statement or supplemental proof of service explaining why service is proper for these claimants. Appearances are excused with respect to this claim.
With respect to the claim of State Farm Insurance A/S/O William Weathers, service is improper because the movant did not serve the claimant to the attention of an officer, managing or general agent or to any other authorized agent. LBR 3007-1(b)(2) requires service "on the claimant at the address disclosed by the claimant in its proof of claim and such other addresses and upon such parties as may be required by FRBP 7004 and other applicable rules." (emphasis added). FRBP 7004(b)(3) requires that a corporation, partnership or other unincorporated association be served “to the attention of an officer, a managing or general agent, or to any other agent authorized by appointment of law to receive service of process.” Where the address listed on the proof of claim differs from or does not comply with FRBP 7004, as stated on the Court's website, this Court requires the claim objection to be served on both addresses. The Objection as to this claim is CONTINUED to September 20, 2018, at 1:30 p.m. to allow Movant to effect proper service. Appearances are excused with respect to this claim.
With respect to the claims of Joseph Bennett and Guadalupe Sanchez, the Court notes that the Claimants filed an Opposition on 8/2/18 [Dk. 2573], and the Reply filed 8/9/18 [Dk. 2579] represents that these claimants have notified the Movant in writing that they have accepted the settlement offer made
1:30 PM
during the course of ADR procedures. However, Movant has neither withdrawn the claim objection nor submitted a written agreement for Court approval. Accordingly, the Objection as to the claims of Guadalupe Sanchez and Joseph Bennet is CONTINUED to September 20, 2018, at 1:30 p.m. to allow Movant to withdraw the objection, file a stipulation, or otherwise resolve the Objection as to these two claims. Appearances are excused with respect to these claims.
With respect to the claims not specificially listed above, this matter appears to be uncontested. Accordingly, no court appearance by Movant is required.
Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
City of San Bernardino, California Represented By
Paul R. Glassman Fred Neufeld Laura L Buchanan
1:30 PM
Hrg on City of San Bernardino's Objection to the Claim of Guadalupe Masih, and
Estate of Paul Navarette (Cont. from 8/16/18)
EH
Docket 2546
Tentative for 8/16/18 is to SUSTAIN the objections and DISALLOW the claims of A.J.L., Guadalupe Masih, and the Estate of Paul Navarette. As all other claim objections made in the Seventh Omnibus Objection to Claims [Dk. 2546] have been previously sustained, withdrawn, or otherwise resolved, this appears to conclude the Seventh Omnibus Objection to Claims.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
*********************************************************************************** Tentative for 8/16/18 is to SUSTAIN the objections and DISALLOW the claims in the Seventh Omnibus Objection to Claims [Dk. 2546] except as follows:
The Objection as to the Claim of Guadalupe Masih is CONTINUED to 9/20/18 at 1:30 p.m.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further
1:30 PM
hearing is required and Movant will be so notified. Movant to lodge an order within seven (7) days.
Debtor(s):
City of San Bernardino, California Represented By
Paul R. Glassman Fred Neufeld Laura L Buchanan
10:00 AM
Motion for relief from stay [Real Property]
CitiMortgage, Inc. vs. DEBTOR (Motion filed 8/30/18
[ RE: 2158 San Michel Drive West C, Costa Mesa, California 92627] [Tele. appr., Megan E. Lees, repr., CitiMortgage, Inc.]
Docket 32
Tentative for 9/20/18 is to DENY:
Service is improper. The movant did not serve the senior lienholder, Ocwen Loan Servicing, LLC to the attention of an officer or authorized agent. LBR 4001-1(C) requires service of a motion for relief from stay on the holder of a lien or encumbrance against the subject property that is known to the movant, scheduled by the debtor, or appears in the public record and any other party entitled to receive notice under FRBP 4001. FRBP 4001(a)(1) states a motion for relief from the automatic stay "shall be made in accordance with Rule 9014". FRBP 9014(b) requires service pursuant to FRBP 7004. FRBP 7004(b)(3) requires that a corporation, partnership or other unincorporated association be served "to the attention of an officer, a managing or general agent, or to any other agent authorized by appointment of law to receive service of process."
Debtor(s):
Eric Abraham Sandoval Represented By Donald A Green
Movant(s):
CitiMortgage, Inc. Represented By
10:00 AM
Trustee(s):
Robert P Zahradka
Jeffrey I Golden (TR) Pro Se
10:00 AM
Motion for relief from stay [Personal Property]
Financial Services Vehicle Trust vs. DEBTOR (Motion filed 8/21/18)
(Amended Motion filed 8/22/18)
[RE: 2017 Mini Cooper Wagon 2D 13 Turbo] [VIN No.: WMWXP5C34H2G60474]
Docket 9
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Aaron Sockkyun Yi Represented By Rex Tran
Trustee(s):
Jeffrey I Golden (TR) Pro Se
10:00 AM
Motion for relief from stay [Unlawful Detainer]
SFS Chanden One, LLC vs. DEBTOR (Motion filed 8/13/18)
[RE: 12015 Slauson Avenue, Suite C, Santa Fe Springs, California, 90670]
FR: 9-13-18
[Tele. appr., Catherine M. Page, repr., SFS Chanden One, LLC]
Docket 9
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver. The request for extraordinary relief (¶11) is denied as Movant has not demonstrated that such relief is warranted.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
George Luis Garcia Sr. Represented By Steven A Alpert
Trustee(s):
Weneta M Kosmala (TR) Pro Se
10:00 AM
CONT'D Hearing RE: Order to Show Cause Re: Contempt Against Bradley Mugar and Susan Mugar RE: Court's Order Entered July 12, 2018
(set per order enterd 8/16/18) FR: 8-21-18
Docket 61
- NONE LISTED -
Debtor(s):
Bradley B Mugar Represented By Parisa Fishback John Edwards
Joint Debtor(s):
Susan E Mugar Represented By Parisa Fishback John Edwards
Trustee(s):
Richard A Marshack (TR) Represented By Michael G Spector
10:00 AM
Adv#: 8:17-01108 Marshack v. Mugar et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt And/Or To Deny A Discharge
(Complaint filed 6/26/17) (PTC set at S/C held 9/13/17)
(S/C set per Order Entered 5-25-18)
FR: 9-13-17; 5-30-18; 7-11-18, 8-15-18; 8-23-18
Docket 1
Tentative for 9/20/18:
None listed.
**************************************************************************
Tentative for 8/23/18 is to CONTINUE to September 20, 2018 at 10:00 a.m. to coincide with the OSC re contempt.
Appearances are excused.
************************************************************************ Tentative for 8/15/18 is to set the following dates/deadlines:
Discovery cutoff: January 15, 2019. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: February 28, 2019. Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial conference: March 20, 2019 at 11:00 a.m.
10:00 AM
The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may result in the imposition of sanctions, including the striking of the answer and dismissal of the complaint.
Plaintiff is to lodge a scheduling order within 7 days.
******************************************************************************** Tentative for 7/11/18:
On 6/5/18, the Court entered an order, inter alia, setting this status conference and requiring a status report to be filed 14 days in advance. As of the posting of this tentative, no status report has been filed. The Court notes that Mr. Spector filed a Declaration in support of a Unilateral Stats Report on 7/5/18 [Dk. 51], but no Unilateral Status Report was filed. Attaching the proposed joint status report that was sent to Defendant's counsel does not comply with LBR 7016-1(a)(3).
Appearances required.
Debtor(s):
Bradley B Mugar Represented By Parisa Fishback John Edwards
Defendant(s):
Bradley B Mugar Represented By John Edwards
Sandra Mugar Represented By John Edwards
Joint Debtor(s):
Susan E Mugar Represented By Parisa Fishback John Edwards
10:00 AM
Plaintiff(s):
Richard A. Marshack Pro Se
Trustee(s):
Richard A Marshack (TR) Represented By Michael G Spector
11:00 AM
Adv#: 8:16-01132 Masse v. Carson et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Breach Of Fiduciary Duty By Officers And Directors;
Avoidance Of Fraudulent Transfer Under 11 U.S.C. Sections 548 And 544 And California Civil Code Sections 3439.04(a), 3439.05 (John Carson, Irvine Sensors Corporation;
Avoidance Of Fraudulent Transfer Under 11 U.S.C. Sections 548 And 544 And California Civil Code Sections 3439.04(a) And 3439.05 (GF Acquisitionco 2012)
Avoidance Of Fraudulent Transfer Under 11 U.S.C. Sections 548 And 544 And California Civil Code Sections 3439.05 (John Carson)
Recovery Of Avoided Transfer Under 11 U.S.C. Section 550 And California Civil Code 3439.07;
Objection And Disallowance Of Proof Of Claim Numbers 2, 8, 10, 21, 22, 23, 24, 25, 27, 66, 99, 131; And
Equitable Subordination Of Proof Of Claim Numbers 2 And 10 Pursuant To
U.S.C. Section 510(C) (John Carson And Balraj Joll) (Complaint filed 5/10/16)
(Another Summons issued 6/3/16)
[Griffin Partners, LLC, a California limited liability company - Dismissed 9-6-16 - Docket No. 24]
[Griffin Fund, L.P. a California limited partnership - Dismissed 9-6-16 - Docket No. 24]
FR: 8-4-16; 9-1-16; 3-16-17; 10-12-17; 10-19-17; 12-21-17; 3-15-18
Docket 1
- NONE LISTED -
11:00 AM
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
Defendant(s):
John Carson Represented By
Kyra E Andrassy Philip E Strok Robert S Marticello
Marc Dumont Represented By Kyra E Andrassy Philip E Strok
Robert S Marticello
GF Acquisitionco 2012, LLC Represented By Kyra E Andrassy Philip E Strok
Robert S Marticello
Irvine Sensors Corporation Represented By Kyra E Andrassy Philip E Strok
Robert S Marticello
Jack Johnson Represented By
Kyra E Andrassy Philip E Strok Robert S Marticello
Balraj Roll Pro Se
Seth Hamot Represented By
Kyra E Andrassy Philip E Strok Robert S Marticello
11:00 AM
Thomas Kelly Represented By Kyra E Andrassy Philip E Strok
Robert S Marticello
Edward Scollins Represented By Kyra E Andrassy Philip E Strok
Robert S Marticello
Chester White Represented By Kyra E Andrassy Philip E Strok
Robert S Marticello
Robert Wilson Represented By Kyra E Andrassy Philip E Strok
Robert S Marticello
Balraj Joll Represented By
Kyra E Andrassy Philip E Strok Robert S Marticello
Plaintiff(s):
Alfred M. Masse Represented By Robyn B Sokol Kyra E Andrassy
11:00 AM
CONT'D POST-CONFIRMATION STATUS CONFERENCE Hearing RE: (1)
Case Management Conference And (2) Requiring Status Report (Petition filed 6/13/16)
(Post-Confirmation S/C set at confirmation hearing held 8/31/17)
FR: 8-4-16; 10-20-16; 12-15-16; 2-16-17; 3-9-17, 5-11-17; 8-31-17; 11-9-17;
2-22-18; 5-3-18; 9-13-18
[Tele. appr., Yeznik O. Kazandjian, repr., Bagheri-Tari]
Docket 1
Tentative for 9/20/18:
The Court has received and reviewed the status report filed 9/6/18 [Dk. 171]. This matter is CONTINUED to January 25, 2019 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
**************************************************************************** Tentative for 5/03/18:
The Court has received and reviewed the status report filed 04/24/18 [Dk. 167]. This matter is CONTINUED to September 13, 2018 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
Marzieh Bagheri-Tari Represented By
11:00 AM
Yeznik O Kazandjian
11:00 AM
Hearing RE: Motion To Approve Compromise Pursuant To Federal Rules Of Bankruptcy Procedure 9019
(Motion filed 8/7/18) FR: 9-13-18
Docket 223
Tentative for 9/20/18:
The Court requires clarification of the following:
As part of the settlement agreement, Debtors are stipulating to a
$400,000 judgment, a $1,000,000 non-recourse DOT and turning over real property in approximately three years. There is no discussion as to the value of the property, why this is a fair payment, etc. How will these terms impact Debtors' future reorganization efforts? How will the settlement enable Debtor to resume its reorganization efforts?
While the motion references the third party complaint against Axis that was filed in the Sun Coast adversary in the facts section, the settlement agreement does not. The settlement is with Axis, and resolves the Axis adversary proceeding, Adv. No. 17-01013 and counterclaim and related state court action. What happens to the the third party claim asserted against Axis in the Sun Coast action?
Appearances required.
11:00 AM
Debtor(s):
Charles Flowers Harrison Represented By Michael Jones Sara Tidd
Joint Debtor(s):
Martha Isabel Montoya Represented By Michael Jones Sara Tidd
11:00 AM
Hearing RE: Request For Allowance And Payment Of Administrative Expense Claim [Affects TD REO FUND, LLC]
(Motion Filed 8/29/18)
Docket 610
- NONE LISTED -
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok
Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner
11:00 AM
Hearing RE: Confirmation Of First Amended Chapter 11 Plan Of Liquidation Of LNVNV Multi Family LLC
(Plan Confirmation set per First Amended D.S. Approved on 7-12-18) (First Amended Chapter 11 Plan Filed 8-16-18)
Docket 590
Tentative for 9/20/18 is to confirm the First Amended Chapter 11 Plan.
The Court is not inclined to set a separate post-confirmation status conference at this time as the post-confirmation status may be incorporated into the status reports filed in the main case. Counsel, however, should ensure that the reports as to this Debtor comply with LBR 3020-1(b).
Appearances required.
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok
Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 5/18/17)
(Amended S/C Order Entered 6-9-17)
FR: 7-13-17; 10-19-17; 1-25-18; 5-31-18; 7-12-18
Docket 1
Tentative for 9/20/18 is to set a continued status conference date of December 20, 2018 at 11:00 a.m. A status report is due 14 days in advance.
Appearances required.
***************************************************************************** Tentative for 7/12/18:
The Court has received and reviewed the status conference reports filed by the Debtors on 6/28/18 [Dk. 524] and Unsecured Creditors' Committee on 7/5/18 [Dk. 527]. The Court would like to hear the Debtors' response to the concerns raised by the Unsecured Creditors' Committee and is inclined to set a continued status conference on November 29, 2018 at 11:00 a.m.
Appearances required.
**************************************************************************** Tentative for 5/31/18:
The Court has received and reviewed the status report filed by Debtors on 5/17/18 [Dk. 479], the Statement of the Official Committee of Unsecured Creditors filed on 5/17/18 [Dk. 478], and the Statement re: Continued Status Conference filed by Creditors/ Equity Holders Census Asset Management Group and Census Multi Family Fund LVN on 5/16/18 [Dk. 477].
11:00 AM
The Court is inclined to set a continued status conference date of 10/4/18 at 11:00 a.m. A status report is due 14 days in advance.
Appearances required.
************************************************************************* Tentative for 10/19/17:
Is to set a continued status conference for January 25, 2018 at 11:00 a.m. with a status report due 14 days in advance.
Appearances are excused for the 10/19/17 hearing.
************************************************************************* Tentative for 7/13/17:
The Court has received and reviewed the Status Report filed on 6/29/17 [Dk. 112]. The Court is inclined to set a continued status conference on 10/19/17 at 11:00 a.m., with a status report due 14 days in advance. The Parties should be prepared to discuss the setting of Chapter 11 deadlines with the Court.
Appearances required.
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok
Kyra E Andrassy
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 1/4/18)
FR: 2-22-18; 6-14-18; 6-21-18; 7-19-18; 9-13-18
[Tele. appr., Najah J. Shariff, repr., United States]
Docket 1
Tentative for 9/20/18:
This matter will go off calendar as the Court is inclined to grant the United States Trustee's motion to dismiss or convert, which is the next matter on calendar.
****************************************************************************** Tentative for 7/19/18 is to issue an Order to Show Cause re: conversion or dismissal ("OSC"), to be heard on August 23, 2018 at 11:00 a.m., for the following reasons:
Debtor failed to file a status report 14 days in advance, as required by the Order entered 4/12/18 [Dk. 27].
Debtor failed to file a plan and disclosure statement by July 1, 2018 as required by the Order entered 3/1/18 [Dk. 21].
Debtor failed to file and serve a notice of bar date, as required by the Order entered 3/1/18 [Dk. 21].
Any responses to the OSC must be filed by no later than August 2, 2018. Any Replies may be filed by no later than August 16, 2018.
11:00 AM
Appearances required.
**************************************************************************** Tentative for 2/22/18 is to set the dates/deadlines, as follows:
Deadline to file a plan and disclosure statement - July 1, 2018.
Deadline for filing proofs of claims - May 1, 2018 with service of the notice by no later than March 1, 2018.
Deadline to object to claims - June 15, 2018.
Deadline to file avoidance actions - May 1, 2018.
Continued status conference - June 14, 2018 at 11:00 a.m. A status report is due 14 days in advance.
Debtor is to submit a scheduling order within seven (7) days.
Debtor(s):
Fuzion Meet Eat Play, LLC Represented By Jeffrey B Smith
11:00 AM
Hearing RE: U.S. Trustee Motion To Dismiss Or Convert Case To One Under Chapter 7 Pursuant To 11 U.S.C.§ 1112(B); And, Request For Judgment For Quarterly Fees Due And Payable To The U.S. Trustee At The Time Of The Hearing
(Motion Filed 8/14/18)
Docket 50
Tentative for 9/20/18 is to GRANT and convert case to Chapter 7.
Appearances required.
Debtor(s):
Fuzion Meet Eat Play, LLC Represented By Jeffrey B Smith
11:00 AM
Hearing: RE: Order Requiring Debtor To Appear And Show Cause Why The Case Should Not Be Converted
(Set per Order Entered 9-5-18)
Docket 0
Tentative for 9/20/18:
This matter is moot in light of the Court's tentative to grant the United States Trustee's motion to dismiss or convert.
Debtor(s):
Fuzion Meet Eat Play, LLC Represented By Jeffrey B Smith
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 1/23/18)
FR: 4-5-18; 9-13-18
[Tele. appr., Jasmin Yang, repr., Suzuki Motor of America]
Docket 1
Tentative for 9/20/18 is to issue an Order to Show Cause re: conversion ("OSC"), to be heard on October 25, 2018 at 11:00 a.m., for the following reasons:
Debtor failed to file a status report 14 days in advance, as required by the Order entered 4/11/18 [Dk. 32].
Debtor failed to file a plan and disclosure statement by July 31, 2018 as required by the Order entered 4/11/18 [Dk. 32].
Any responses to the OSC must be filed by no later than October 11, 2018. Any Replies may be filed by no later than October 4, 2018.
Appearances required.
***************************************************************************** Tentative for 4/05/18 is to set the following dates/deadlines:
Deadline to file a plan and disclosure statement: July 31, 2018. The failure to timely file a plan and disclosure statement may result in the dismissal or conversion of the case.
Deadline to file proof of claims: June 15, 2018, with service of the
11:00 AM
notice by no later than April 15, 2018.
Deadline to object to proof of claims: August 15, 2018
Continued status conference hearing: August 23, 2018 at 11:00 a.m. A status report is due 14 days in advance.
Debtor(s):
James M Mullion Represented By Jeffrey B Smith
11:00 AM
STATUS CONFERENCE Hearing RE: (1) Case Management Conference And
(2) Requiring Status Report (Petition filed 7/24/18)
FR: 9-13-18
Docket 1
Tentative for 9/20/18 is to set the dates/deadlines, as follows:
2018.
Deadline to file a plan and disclosure statement - November 30,
Continued status conference - December 20, 2018 at 11:00
a.m. A status report is due 14 days in advance.
Bar Date: December 15, 2018, with service by no later than September 30, 2018.
Debtor is to submit a scheduling order within seven (7) days.
Debtor(s):
Tina Hong-Ngoc Trinh Represented By Michael Jones
11:00 AM
STATUS CONFERENCE Hearing RE: (1) Case Management Conference And
Requiring Status Report (Petition filed 8/3/18)
Docket 1
Tentative for 9/20/18 is to CONTINUE this matter to October 4, 2018 at 11:00
a.m. to coincide with the hearing on the U.S. Trustee's motion to dismiss.
By no later than September 27, 2018, Debtor is to file a supplement to its status report filed 9/5/18 [Dk. 38] to comply with this Court's order entered 8/8/18 [Dk. 4] which requires:
The Status Report and all proposed disclosure statements shall be supported by evidence in the form of declarations and supporting documents. Additionally, Debtor shall file a line item budget with the first status report which shall cover the first 60 days of the bankruptcy. This budget shall include all income and expenses of the Debtor.
Appearances required.
Debtor(s):
Dana Electric, Inc. Represented By Michael Jones
11:00 AM
Hearing RE: Motion to Authorize Unsecured Line of Credit (Motion filed 8/27/18)
Docket 29
Tentative for 9/20/18 is to DENY:
Service is improper. The motion was not served pursuant to FRBP 7004. A motion pursuant to § 364 is governed by FRBP 4001(c)(1)(A), which states that a "motion for authority to obtain credit shall be made in accordance with Rule 9014." FRBP 9014 requires service pursuant to FRBP 7004.
The motion does not contain a "copy of the credit agreement and a proposed form of order" as required by FRBP 4001(c)(1)(A).
The motion does not contain the "mandatory court-approved form F 4001-2.STMT.FINANCE" as required by LBR 4001-2(a).
The motion does not contain sufficient information regarding the proposed loan; Debtor merely states it seeks to borrow up to $100,000 at 20% per annum. No information is provided as to additional terms, including the identity of the lender.
Finally, Debtor did not comply with this Court's order to submit a budget with the status report, as noted in today's tentative for the status conference hearing, and no MORs have been filed; thus, the Court cannot fully evaluate the Debtor's financial situation.
Appearances required.
11:00 AM
Debtor(s):
Dana Electric, Inc. Represented By Michael Jones
11:00 AM
Motion for Relief from Stay [Personal Property]
Pacific Empire Builders, Inc. vs. DEBTOR (Motion filed 9/14/18)
(OST Entered 9/17/18)
[RE: Subcontract Agreement Dated January 5, 2018, Between Pacific Empire Builders, Inc. (General Contractor) And Dana Electric, Inc. (Subcontractor)]
Docket 69
- NONE LISTED -
Debtor(s):
Dana Electric, Inc. Represented By Michael Jones Sara Tidd
10:00 AM
Adv#: 8:16-01049 Citibank, N.A. v. Carlin
CONT'D TRIAL RE: Plaintiff Citibank, N.A.'s Complaint For Determination Of Nondischargeability Of Debt Pursuant To 11 U.S.C. Section 523(A)(2)(A) (Complaint filed 2/19/16)
(PTC set at S/C held 5/11/16) (Trial set at PTC held 10/4/17)
FR: 5-11-16; 10-19-16; 12-14-16; 4-19-17; 7-12-17; 8-13-17; 10-4-17; 1-29-18;
4-24-18
Docket 1
Debtor(s):
Johnnie Rae Carlin Represented By Steven A Alpert
Defendant(s):
Johnnie Rae Carlin Represented By David Brian Lally
Plaintiff(s):
Citibank, N.A. Represented By Daniel H Wu
Trustee(s):
Karen S Naylor (TR) Pro Se
3:00 PM
Hrg. on Emergency motion for order authorizing entry of lease agreement with Timonthy and Leslye Crandall (Carlsbad Rock & Supply)
EH
Docket 60
Debtor(s):
Lovejoy's Family Moving., Inc., dba Represented By
Illyssa I Fogel
W. Sloan Youkstetter
10:00 AM
Terra Law LLP - movant attorney Motion for Relief from Stay
Secured Creditor Opportunity Fund Community Development vs. DEBTOR (Motion filed 8/31/18)
Re: 2009 FREIGHTLINER CASCADIA
EH
Docket 13
Tentative for 10/02/18 is to DENY:
Movant's papers indicate Movant is adquately protected. There is an 84% equity cushion. Equity of 20% or more constitutes adequate protection. See, In re Mellor (9th Cir. 1984) 734 F2d 1396, 1401.
Notwithstanding the foregoing, Movant provides no grounds for the request for extraordinary relief.
Appearances required.
Debtor(s):
Oscar G. Sanchez Represented By Alon Darvish
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
McCarthy & Holthus, LLP - movant attorney Motion for Relief from Stay
Select Portfolio Servicing, Inc.vs. DEBTOR (Motion filed 8/28/18)
RE: 44665 Arbor Lane, Temecula, CA 92592 EH
Docket 13
- NONE LISTED -
Debtor(s):
Monica Denice Steward Represented By Gordon L Dayton
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
French Lyon Tang - movant attorney Motion for Relief from Stay
Bank of the West vs. DEBTOR (Motion filed 9/10/18)
Re: 2015 Chevrolet Silverado EH
Docket 9
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Jesus Ruiz Rojo Represented By Daniel King
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Hemar, Rousso & Heald, LLP - movant attorney Motion for Relief from Stay
Wells Fargo Bank, N.A. vs. Debtor (Motion filed 9/11/18)
RE: Account number ending in 2087, securing the balance owing on the subject credit card
Docket 44
- NONE LISTED -
Debtor(s):
Zenith Homes, LLC Represented By Brian C Miles
10:00 AM
Litigation and Business Law Group Inc - movant attorney Motion for relief from stay
Rick Morris and Claudia Morris vs Debtors (Motion filed 9/4/18)
RE: Non bankruptcy action, Rick Morris etc vs. Cheryl A Good et al (docket # 37-2018-00024177-CL-PT-NC)
EH
Docket 8
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Jonathon R Good Represented By David L Nelson
Joint Debtor(s):
Cheryl A Good Represented By David L Nelson
10:00 AM
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
Zieve, Brodnax & Steele, LLP - movant attorney Motion for relief from stay
Broker Solutions, Inc. vs Debtors (Motion filed 8/31/18)
RE: 1433C MISTY LANE, BEAUMONT, CA 92223
EH
Docket 8
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Johanna Velvet Nicholas Pro Se
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Wells Fargo Bank, N.A. vs. Debtors and Lynda T. Bui, Trustee (Motion filed 9/6/18)
Re: 2010 Chrysler Town & Country-V6, VIN 2A4RR5D16AR358735
Docket 9
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Jennifer D. Carson Represented By Christopher J Langley
Joint Debtor(s):
Amber J. Lash Represented By Christopher J Langley
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Law Offices of Austin P. Nagel - movant attorney Motion for Relief from Stay
Toyota Motor Credit Corporation vs. DEBTOR (Motion filed 8/31/18)
Re: 2013 Toyota Prius EH
Docket 21
Tentative for 10/02/18 is to DENY:
Movant's papers indicate there is an equity cushion of approximately 30%. Equity of 20% or more constitutes adequate protection. See, In re Mellor (9th Cir. 1984) 734 F2d 1396, 1401.
Appearances required.
Debtor(s):
Homayoon K. Javadi Represented By Robert J Spitz
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
Law Offices of Austin P Nagel - movant attorney Motion for relief from stay
Toyota Motor Credit Corporation vs Debtor (Motion filed 9/5/18)
RE: 2016 Toyota Corolla EH
Docket 8
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Daphane Dawes Represented By Paul Y Lee
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
Cookey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
TD Auto Finance LLC vs. DEBTORS and Robert Whitmore, Trustee (Motion filed 9/5/18)
Re: 2015 Dodge Journey: 3C4PDCBB6FT577937
EH
Docket 7
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Jorge Salgado Pro Se
Joint Debtor(s):
Maria Guadalupe Salgado Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Malcolm, Cisneros, A Law Corporation - movant attorney Motion for Relief from Stay
PennyMac Loan Services, LLC vs. DEBTOR (Motion filed 9/10/18)
Re: 7279 Candra Dr., Eastvale, CA 92880 EH
Docket 17
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Elizam Mladosich Represented By Julie J Villalobos
Joint Debtor(s):
Rina L Mladosich Represented By Julie J Villalobos
10:00 AM
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Cab West, LLC vs. DEBTOR (Motion filed 8/31/18)
RE: 2015 Ford Escape, VIN 1FMCU0J96FUC80230
EH
Docket 7
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Linda R. Gutierrez Represented By David R Hagen
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
The Turoci Firm - movant attorney Motion for Relief from Stay
Thelma Gonzalez VS. DEBTOR (Motion filed 9/24/18)
RE: 14129 Chapman Avenue, Fontana, CA 92447 EH
Docket 10
Updated Tentative for 10/2/18:
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver.
The Court has received and reviewed the Response filed by Debtor on 10/1/18 [Dk. 16], which opposes the Motion because the Motion lists the incorrect address for the subject property, but does not raise any other opposition to the Motion. The Court notes that notwithstanding the error in the Motion, all of the attachments, including the Writ of Possession [Motion, Ex.
6], list the correct address, and Debtor received notice at the correct address. The Court is inclined to waive the defect and grant the motion. See Budd v.
Fid. Asset Mgmt., LLC (In re Budd), No. CC-11-1015-MkKiD, 2011 Bankr.
LEXIS 4317, at *7-8 (B.A.P. 9th Cir. July 12, 2011) ("The bankruptcy
court has discretion to grant or deny relief from stay so long as the moving party has presented a colorable claim to the property at stake."); see also Nyamekye v. Wells Fargo Bank N.A. (In re Nayamekye), No. CC-10-1218- KiPaD, 2011 Bankr. LEXIS 913, at *15 (B.A.P. 9th Cir. Feb. 15, 2011)
("Prepetition loss of an ownership interest in property constitutes cause for relief from stay. Where the debtor (or the estate) no longer has a right to the property, there is no reason not to allow the creditor to repossess because
10:00 AM
filing a bankruptcy petition after loss of ownership cannot reinstate the debtor's title.") (quoting Kathleen R. March and Alan M. Ahart, CALIFORNIA PRACTICE GUIDE:BANKRUPTCY ¶ 8:1195-96 (2009)).
Appearances required.
***************************************************************************** Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Raymond Mark Ortega Pro Se
Trustee(s):
John P Pringle (TR) Pro Se
11:00 AM
Hrg on Debtor's Motion filed 8/7/18 For Sanctions Against John E. Douglass [F.R.B.P. 9011]
EH
Docket 80
- NONE LISTED -
Debtor(s):
Michael Andrew Castro Represented By
F Glenn Nichols
Trustee(s):
Robert Whitmore (TR) Pro Se
11:00 AM
Hrg. on approval of trustee's final report; applications for compensation EH
Docket 0
Tentative for 10/02/18 is to APPROVE as requested
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Court will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Esther B Garcia Represented By David W Osborne Gregory M Salvato
Trustee(s):
John P Pringle (TR) Represented By John P Pringle Toan B Chung
11:00 AM
Hrg on Chapter 7 Trustee's Motion to Substantively Consolidate Moises & Martha Alvarez, Floortastic Incorporated and Inland Empire Flooring into the bankruptcy estate of Professional Flooring Installation, Inc
(Cont from 7/10/18, 7/31/18) EH
Docket 34
- NONE LISTED -
Debtor(s):
Professional Flooring Installation Represented By
Todd L Turoci
Trustee(s):
Todd A. Frealy (TR) Represented By Leonard M Shulman Brandon J Iskander
11:00 AM
Hrg. on approval of trustee's final report; application for compensation EH
Docket 0
Tentative for 10/02/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Nelson Lopez Represented By Patricia M Ashcraft
Joint Debtor(s):
Kattlyn Lopez Represented By Patricia M Ashcraft
Trustee(s):
John P Pringle (TR) Pro Se
11:00 AM
Hrg. on trustee's final report; applications for compensation EH
Docket 0
Tentative for 10/02/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Louis Dante Yore Represented By
Bryant C MacDonald
Trustee(s):
Karl T Anderson (TR) Represented By Lynda T Bui Brandon J Iskander
11:00 AM
Hrg. on trustee's final report; applications for compensation EH
Docket 0
Tentative for 10/02/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Martha Esther Ibarra Represented By Chris A Mullen
Trustee(s):
Todd A. Frealy (TR) Pro Se
1:30 PM
Hrg. on Chapter 11 Status Conference
Docket 0
- NONE LISTED -
Debtor(s):
Bernadette Chapman Represented By Todd L Turoci
1:30 PM
PRE-TRIAL CONFERENCE re: Motion to Disallow Proof of Claim No 4 filed by Internal Revenue Service
From: 6/27/18 (Prior MJ case); 7/31/18
Docket 99
- NONE LISTED -
Debtor(s):
James Roy Coleman Represented By Todd L Turoci Todd L Turoci Julie Philippi
Joint Debtor(s):
Andrea Alexandra Coleman Represented By Todd L Turoci Todd L Turoci Julie Philippi
Movant(s):
James Roy Coleman Represented By Todd L Turoci Todd L Turoci Julie Philippi
Andrea Alexandra Coleman Represented By Todd L Turoci Todd L Turoci Julie Philippi
1:30 PM
1:30 PM
Hrg. on Debtor's Second Motion filed 9/10/18 for continued use Use of Cash Collateral
EH
Docket 116
Tentative for 10/02/18 is to APPROVE.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
CompCare Medical, Inc. Represented By Todd L Turoci
1:30 PM
Hrg. on Chapter 11 Status Conference EH
Docket 1
Tentative for 10/02/18 is to set the following dates/deadlines:
Deadline to file a Plan and Disclosure Statement: January 31, 2019. The failure to timely file a plan and disclosure statement may result in the dismissal or conversion of the case.
Continued Status Conference: February 19, 2019 at 1:30 p.m.
Debtor is to submit a scheduling order within seven days.
Appearances required.
Debtor(s):
Lovejoy's Family Moving., Inc., dba Represented By
Illyssa I Fogel
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 8/27/18 Between Debtor and Altura Credit Union, in the amount of $32,656.73
Re: 2014 Lexus GS 350
Docket 11
- NONE LISTED -
Debtor(s):
Candice Chardae Harvey Pro Se
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement Between Debtor and Americredit Financial Services, Inc., in the amount of $17,502.80
Re: 2012 Nissan Pathfinder, VIN: 5N1Ar1NN2CC620867
Docket 14
- NONE LISTED -
Debtor(s):
Jason Michael Goodman Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 9/10/18 Between Debtor and Ford Motor Credit Company LLC, in the amount of $33,410.95
Re: 2014 Ford F150
Docket 13
- NONE LISTED -
Debtor(s):
Adrina Yvonne Salgado Pro Se
Trustee(s):
Larry D Simons (TR) Pro Se
1:30 PM
Adv#: 6:18-01088 Frazer v. 395 Lampe, LLC
STATUS CONFERENCE re: Complaint by Helen R Frazer against 395 Lampe, LLC for: 1. Violation of the Automatic Stay [11 U.S.C. Section 362(A)(1), 362(A)
and 362(K)]; 2. Temporary Restraining Order and Preliminary Injunction; 3.
Breach of Fiduciary Duty; and 4. Declaratory Relief (Cont. from 9/12/18)
EH
Docket 1
Tentative for 10/3/18 is to CONTINUE this status conference to December 5, 2018 at 1:30 p.m. A status report is due 14 days in advance.
Appearances required.
Debtor(s):
DESERT RANCH LLLP Represented By Jenny L Doling Summer M Shaw
Defendant(s):
395 Lampe, LLC Pro Se
Plaintiff(s):
Helen R Frazer Represented By Laurel R Zaeske
Trustee(s):
Helen R. Frazer (TR) Represented By
1:30 PM
Laurel R Zaeske
1:30 PM
Adv#: 6:18-01088 Frazer v. 395 Lampe, LLC
Hrg. on Plaintiff and Cross-Defendant's Motion filed 8/29/18 to Dismiss Counterclaim
EH
Docket 43
The Tentative for 10/3/18 is to GRANT the Motion to Dismiss WITH LEAVE TO AMEND.
The Counterclaim’s assertion that if the membership interests transferred, Blixseth’s obligations under the Note Agreement also transferred to the Debtor [Counterclaim, ¶36], is the sort of "conclusory statements, statements of law, or unwarranted inferences cast as factual allegations," that are not entitled to an assumption of truth. See Bell Atlantic Corp. Twombly, 550 US 544, 556-557, 570 (2007). It is not clear to the Court from the facts alleged why the obligations in this separate Note Agreement would have transferred as part of Blixseth’s membership interest in Overlook.
395 Lampe may, within 20 days from the entry of the order on this Motion, amend its Counterclaim to include additional facts that clearly demonstrate that, if Blixseth's 50% membership interest in Overlook was transferred, Blixseth’s obligations and responsibilities under the Note Agreement were transferred along with his membership interest.
Appearances required.
Debtor(s):
DESERT RANCH LLLP Represented By
1:30 PM
Jenny L Doling Summer M Shaw
Defendant(s):
395 Lampe, LLC Represented By
Mark H Gunderson Laurel R Zaeske Jenny L Doling
Plaintiff(s):
Helen R Frazer Represented By Laurel R Zaeske
Trustee(s):
Helen R. Frazer (TR) Represented By Laurel R Zaeske
1:30 PM
Adv#: 6:17-01253 Zamora et al v. Rodriguez
Hrg. on Order to Show Cause re: why this adversary proceeding should not be dismissed for failure to prosecute or other sanctions issue as permitted under LBR 7016-1(f) and (g)
Docket 0
Tentative for 10/03/18:
The Court has reviewed the Opposition filed by Plaintiff on 9/20/18 [Dk. 30] and notes the following:
Plaintiff offers no excuse or justification for the delay in prosecuting her case or otherwise failing to comply with LBR 7016-1 with respect to pretrial preparations and appearances at the pretrial hearing.
The motion filed by Plaintiff on 9/20/18 [Dk. 27] is several months beyond the dispositive motion cutoff date of July 31, 2018, established in the Scheduling Order dated 2/22/18 [Dk. 6]. Plaintiff has not sought relief of the deadlines imposed by the Scheduling Order; therefore, the motion's hearing date of 10/24/18 is VACATED.
The Court is inclined to sanction Plaintiff's counsel $750.00.
Defendant offers no excuse for her failure to follow the local rules regarding non-compliance. See LBR 7016-1(e)(2); Defendant's Response, Dk. 25, pg. 2:12-13. The Court is inclined to sanction Defendant's counsel $500.00.
The Court will set a new pretrial date of November 28, 2018 at 1:30 p.m. The parties are to timely submit a joint pretrial order. The failure to do so will render the offending party subject to further monetary and/or non- monetary sanctions.
1:30 PM
Appearances required.
Debtor(s):
Gabriela Rodriguez Represented By Edgar P Lombera
Defendant(s):
Gabriella Rodriguez Represented By Dina Farhat
Plaintiff(s):
Hilda H Zamora Represented By Leonard J Cravens
Caronna, Johnson & Zamora, LLP Represented By
Leonard J Cravens
Trustee(s):
Lynda T. Bui (TR) Pro Se
1:30 PM
Adv#: 6:17-01253 Zamora et al v. Rodriguez
STATUE CONFERENCE re: Complaint by Hilda H Zamora, Caronna, Johnson & Zamora, LLP against Gabriella Rodriguez - 523(a)(5), (a)(15)
EH
Docket 1
See the tentative for Matter #8 regarding the OSC.
Debtor(s):
Gabriela Rodriguez Represented By Edgar P Lombera
Defendant(s):
Gabriella Rodriguez Pro Se
Plaintiff(s):
Hilda H Zamora Represented By Leonard J Cravens
Caronna, Johnson & Zamora, LLP Represented By
Leonard J Cravens
Trustee(s):
Lynda T. Bui (TR) Pro Se
11:00 AM
Adv#: 8:18-01130 Pinon v. Thipavong
STATUS CONFERENCE Hearing RE: Complaint To Determine Non-
Dischargeability Of Debt (Complaint filed 7/13/18)
Docket 1
Tentative for 10/3/18:
This matter is CONTINUED to January 23, 2019 at 11:00 a.m. A status report is due 14 days in advance. The Court notes that, as of the posting of this tentative, no status report was filed and will excuse Plaintiff's non- performance is this instance. Plaintiff is cautioned, however, that future non- compliance may result in the imposition of monetary or non-monetary sanctions.
By no later than October 31, 2018, Plaintiff is to file a motion for default judgment, which may either be self-calendared and set for hearing, or filed and noticed for matters without hearing, pursuant to applicable local rules.
Appearances are excused.
Debtor(s):
Nitikorn Thipavong Represented By
Catherine Christiansen
Defendant(s):
Nitikorn Thipavong Pro Se
Plaintiff(s):
Patricia Pinon Represented By Tiffany Chukiat
11:00 AM
Trustee(s):
John B Stephens
Richard A Marshack (TR) Represented By Donald W Sieveke
11:00 AM
Hearing RE: Order To Show Cause RE: Dismissal For Failure To Comply With Rule 1006(b)
[$75.00 Installment Fee Was Due On 9-5-18]
Docket 0
- NONE LISTED -
Debtor(s):
Matthew Malcolm Keenan Pro Se
Trustee(s):
Thomas H Casey (TR) Pro Se
10:00 AM
Motion for relief from stay [PERSONAL PROPERTY]
Bank Of America vs. Debtor (Motion filed 8/30/18)
[ RE: 2016 TOYOTA TACOMA VIN # 5TFAZX5GNXGX056737]]
Docket 11
The Court has determined that this matter is appropriate for disposition without a hearing. The Court's final ruling is to GRANT pursuant to 11 U.S.C.
§362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
This matter is uncontested and no hearing will be held. Movant is to lodge an order within seven (7) days.
Debtor(s):
Braulio Tovar Represented By
Michael H Colmenares
Movant(s):
Bank of America, N.A. Represented By Megan E Lees
Trustee(s):
Thomas H Casey (TR) Pro Se
11:00 AM
Hearing RE: Motion By United States Trustee To Dismiss Or Convert Case To One Under Chapter 7 Pursuant To 11 U.S.C.§ 1112(B); And, Request For Judgment For Quarterly Fees Due And Payable To The U.S. Trustee At The Time Of The Hearing
(Motion filed 8/29/18)
Docket 33
- NONE LISTED -
Debtor(s):
Dana Electric, Inc. Represented By Michael Jones
11:00 AM
Motion for relief from stay [Personal Property]
Cab West LLC vs. DEBTOR (Motion filed 9/6/18)
[RE: 2015 Ford Edge - VIN# 2FMTK3G82FBB67628]
Docket 42
- NONE LISTED -
Debtor(s):
Dana Electric, Inc. Represented By Michael Jones
11:00 AM
Motion for relief from stay [Personal Property]
Cab West LLC vs. DEBTOR (Motion filed 9/6/18)
[RE: 2015 Ford F150 - VIN No.: 1FTEX1C80FKE06334]
Docket 43
- NONE LISTED -
Debtor(s):
Dana Electric, Inc. Represented By Michael Jones
11:00 AM
Motion for relief from stay [Personal Prperty]
Cab West LLC vs. DEBTOR (Motion filed 9/6/18)
[RE: 2015 Ford F150 - VIN No.: 1FTEX1C82FKE06335]
Docket 44
- NONE LISTED -
Debtor(s):
Dana Electric, Inc. Represented By Michael Jones
11:00 AM
Motion for relief from stay [Personal Property]
Cab West LLC vs. DEBTOR (Motion filed 9/6/18)
[RE: 2017 Lincoln MKC - VIN No.: 5LMCJ2C99HUL08877]
Docket 45
- NONE LISTED -
Debtor(s):
Dana Electric, Inc. Represented By Michael Jones
10:00 AM
Robertson, Anschutz, & Schneid, P.L. - movant attorney Motion for Relief from Stay
Deutsche Bank National Trust Company vs. DEBTOR (Motion filed 7/29/18)
(Cont. from 9/11/18)
RE: 11996 Villa Hermosa (aka 11996 Villa Ermosa), Moreno Valley, California 92557
EH
Docket 10
9/11/18 - Sent email and voice mail to Mr. Ferry, that hearing will be held on 10/9/18 @ 10:00 a.m., not 10/16/18 @ 10:00 a.m. - John
- NONE LISTED -
Debtor(s):
Samuel Leroy Jones Jr Represented By Thomas Watkins
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
Sheppard, Mullin, Richter & Hampton LLP - movant attorney Motion for Relief from Stay
California Coast Credit Union vs. DEBTOR (Motion filed 8/13/18)
(Cont. from 9/11/18)
Re: 2015 GMC Sierra 1500 VIN #GTP1UEC2FG333651
EH
Docket 7
9/11/18 - Sent email and voice mail to Ms. Yun, that hearing will be held on 10/9/18 @ 10:00 a.m., not 10/16/18 @ 10:00 a.m. - John
- NONE LISTED -
Debtor(s):
Ernesto Sanchez Represented By David L Nelson
Trustee(s):
Charles W Daff (TR) Pro Se
11:00 AM
Hrg on Debtor's Motion to Reopen Chapter 7 Case EH
Docket 11
NONE LISTED -
NONE LISTED -
Debtor(s):
Rocio Jimenez Represented By Brian J Soo-Hoo
Trustee(s):
Howard B Grobstein (TR) Pro Se
11:00 AM
Hrg. on attorney for chapter 7 trustee Motion filed 2/15/18 Objections to Debtor's Exemptions of Personal Injury Claim and Class Action Lawsuit Claim
(Advanced from 10/16/18) EH
Docket 27
NONE LISTED -
NONE LISTED -
Debtor(s):
William P VanDerWeele Represented By Sundee M Teeple
Trustee(s):
Robert Whitmore (TR) Represented By Franklin C Adams Cathy Ta
11:00 AM
Hrg. on Debtor's Motion filed 9/17/18 Objecting to Claim Number 3-2 by Claimant Merrick Bank
EH
Docket 104
NONE LISTED -
Tentative for 10/9/18:
Before the Court is the Motion Objecting to Claim Number 3-2 by Claimant Merrick Bank [Dk. 104] ("Motion") filed on September 17, 2018 by Debtors Francis A. Pignone and Maria Haydee Pignone ("Debtors"). Having reviewed the Motion and the docket as a whole, and for the reasons set forth in full below, the Court is inclined to DENY the Motion and ALLOW Claim 3-2.
In addition, for the reasons set forth below, Counsel David Akintimoye should appear and explain why he should not be sanctioned pursuant to both the Court’s inherent power and FRBP 9011(c) for filing a recycled declaration and neglecting his duty of candor as an officer of the court and for violations of FRBP 9011(b).
Procedural History of Claim 3-2
Debtors filed a petition for relief under Chapter 7 of Title 11 of the United States Code on January 23, 2018 ("Petition Date"). Claimant Merrick Bank ("Creditor" or "Merrick Bank") filed the original Claim Number 3 ("Original Claim") on June 7, 2018. Debtors filed an Objection to Claim 3-1 on July 16, 2018 [Dk. 92] ("First Objection to Claim"). While Creditor did not oppose the First Objection to Claim, on August 6, 2018, prior to the hearing Creditor filed an Amended Claim 3-2 ("Amended Claim") which included a series of
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monthly billing statements as additional documentation. The Court notes that the timing of the filing of the Amended Claim suggests it was filed in response to the First Objection to Claim. However, the existence of the Amended Claim did not come to the Court’s attention prior to the hearing on the First Objection to Claim, at which the Court granted the First Objection to Claim by default. See Order Entered on August 21, 2018 [Dk. 98] ("Order Sustaining Objection to Claim"). In light of the Amended Claim, the Court will enter a separate order reconsidering and vacating the Order Sustaining Objection to Claim.
Legal Standard re: Objections to Claim
A proof of claim executed under penalty of perjury and supported by sufficient attached documentation that is filed with the bankruptcy court constitutes prima facie evidence of the validity and amount of the claim. See FRBP 3001(f); In re S. California Plastics, Inc., 165 F.3d 1243, 1247 (9th Cir. 1999). To rebut this presumption of validity, a party objecting to a proof of claim "must produce evidence tending to defeat the claim that is of a probative force equal to that of the creditor’s proof of claim." See In re Consol. Pioneer Mortgage, 178 B.R. 222, 226 (B.A.P. 9th Cir. 1995), aff’d sub nom. In re Consol. Pioneer Mortgage Entities, 91 F.3d 151 (9th Cir. 1996)); see also In re Wylie, 349 B.R. 204, 210 (B.A.P. 9th Cir. 2006) (citing Wright v. Holm (In re Holm), 931 F.2d 620, 623 (9th Cir. 1991); Fullmer v. United States (In re Fullmer), 962 F.2d 1463, 1466 (10th Cir. 1992); In re Allegheny Int’l, Inc., 954 F.2d 167, 173–74 (3rd Cir. 1992)). The burden then shifts back to the claimant to produce evidence meeting the objection and establishing its claim. In re Wylie, 349 B.R. at 210 (citation omitted). If objection is made to the proof of claim, the claimant has the ultimate burden of persuasion as to the validity and amount of the claim. In re Holm, 931 F.2d at 623; see also In re Pugh, 157 B.R. 898, 901 (B.A.P. 9th Cir. 1993); In re Fidelity Mortgage
Holding Company, Ltd., 837 F.2d 696, 698 (5th Cir. 1988) ("[T]he claimant must. . . prove the validity of the claim by a preponderance of the evidence. The ultimate burden of proof always rests upon the claimant.") (internal quotation marks and citations omitted).
Analysis re: Claim Objection
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The Amended Claim includes sufficient documentation to be entitled to the prima facie assumption of validity set forth in FRBP 3001(f). As set forth in more detail below, Debtors have not provided evidence of "probative force equal to that of the creditor’s proof of claim," and thus have not met their burden of proof in rebutting this assumption of validity. Therefore, the Court is inclined to deny the Motion and allow the Amended Claim.
The Memorandum of Points and Authorities attached to the Motion presents four arguments for why the Amended Claim should be disallowed. As set forth below, each of these arguments fails. First, the Amended Claim is timely filed because the Original Claim gives fair notice of the conduct, transaction, or occurrence that forms the basis of the claim asserted in the amendment.
Second, there is no issue with standing because Debtors do not challenge Creditor’s standing to file the Amended Claim, and Resurgent Capital Services has sufficiently established it is authorized to file a claim on the Creditor’s behalf. Third, the underlying basis for the Amended Claim is not time-barred because Debtor has not provided sufficient evidence to challenge the prima facie case established by the Amended Claim that the statute of limitations had not yet run. Fourth, leave of the Court was not required for the amended claim to be filed because this Court has not ruled that FRCP 15 applies to these proceedings and the equities of the case do not merit disallowing the Amended Claim on this basis.
The Amended Claim is timely filed.
First, Debtors argue that the Amended Claim should be disallowed as untimely because it was filed after the claims bar date. While a creditor may not amend a claim after the bar date has passed to assert an entirely new claim, an amendment filed after the bar date can relate back to the original claim-filing date if the original claim gives "fair notice of the conduct, transaction or occurrence that forms the basis of the claim asserted in the amendment." In re Westgate-California Corp., 621 F2d 983, 984 (9th Cir.
1980); 11 U.S.C. § 502(b)(9). The Original Claim was filed on June 7, 2018, which was before the bar date of June 11, 2018. The Amended Claim is identical to the Original Claim except that it includes additional documentation in the form of monthly billing statements. While the additional documentation provides additional detail regarding the Claim, the Original Claim provided
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sufficient information to give the Debtors "fair notice of the conduct, transaction or occurrence that forms the basis of the claim asserted in the amendment," especially considering the additional documentation attached to the Amended Claim are documents the Debtors should have had access to themselves. Accordingly, the Amended Claim relates back to the June 7, 2018, filing date of the Original Claim. Thus, the Amended Claim shall be considered timely filed. The Court will not disallow the Amended Claim on this basis.
Standing
Second, Debtors argue that the power of attorney does not give Resurgent Capital Services standing to file a claim on behalf of Merrick Bank. This assertion is both legally and factually frivolous. A creditor’s authorized agent may file a proof of claim on behalf of the creditor without a formal power of attorney. FRBP 3001(b); 9010(c) (requiring a power of attorney form for a creditor’s agent "for any purpose other than the execution and filing of a proof of claim"). The Amended Claim is signed under penalty of perjury by Susan Gains, the claims processor at Resurgent Capital Services, and checks the box indicating that she is "the creditor’s attorney or authorized agent." Amended Claim, pg. 3. Absent a sworn statement to the contrary from Merrick Bank, there can be no question that Resurgent Capital Services may file a claim on Merrick Bank’s behalf.
Moreover, the "Limited Power of Attorney," dated September 29, 2009, which is attached to both the Original and Amended Claim, expressly grants Resurgent Capital Services LP the authority of "Executing, acknowledging and delivering any proof of claim, amending any proof of claim, or any other document necessary to collect upon and secure payment of any account…" Original Claim, pg. 5; Amended Claim, pg. 5. While the Debtors’ specific account is not referenced in this Limited Power of Attorney, the language in the Limited Power of Attorney clearly establishes that Resurgent Capital Services generally has standing to file both the Original Claim and Amended Claim on behalf of Merrick Bank. Cf. In re Samson, 392 B.R. 724, 730 (Bankr.
N.D. Ohio 2008) (holding that evidence documenting an assignment to a claimant "does not have to specify a debtor's particular account number. Instead, evidence of a blanket assignment may suffice.").
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Debtors do not challenge Merrick Bank’s standing to file the Amended Claim. Thus, Resurgent Capital Services has sufficiently established it has standing, on behalf of Merrick Bank, to file the Amended Claim. The Court will not disallow the Amended Claim on this basis.
Statute of Limitations
Third, Debtors argue that the statute of limitations has run on the underlying claim. The relevant statute of limitations is four years from the "date of the last item" for a balance due upon a mutual, open and current account. Cal. Code Civ. Proc. § 337 ("Within four years . . . An action to recover . . . (3) a balance due upon a mutual, open and current account, the items of which are in writing; provided, however, that where an account stated is based upon an account of one item, the time shall begin to run from the date of said item, and where an account stated is based upon an account of more than one item, the time shall begin to run from the date of the last item."). If this period does not expire before the petition date, it is extended until 30 days after the termination of the automatic stay with respect to Creditor’s claim. See 11
U.S.C. § 108(c).
The Amended Claim attached monthly billing statements that clearly demonstrate the "last item" on this account was fewer than four years ago, and thus the statute of limitations has not yet run. The billing statements attached to the Amended Claim list "Maria Pignone" as the sole cardholder, and clearly reflect that the minimum monthly payments were made on the account through at least February 11, 2016, and charges were made using the credit card as recently as September 7, 2015 [Amended Claim, pg. 9]. Although there is activity on the account for the billing period ending March 17, 2016, it is not entirely clear whether this activity resulted from Debtor’s actions as opposed to bank errors or entries otherwise initiated by the bank. The Court need not determine whether any these later entries qualify as the "last item" for the purposes of the statute of limitations because there is other activity that is clearly within four years of the Petition Date.
In support of Debtors’ argument that the statute of limitations has run, the Motion cites the "unopposed declaration of Maria Pignone (Ex. 3)."
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Memorandum of Points and Authorities, Dk. 106-4, pg. 2:26-27. The Declaration of Debtor Maria Pignone ("Pignone Declaration"), attached as Exhibit 3 to the motion, affirms that Debtor did not use the account after 2012:
I used to have a credit card issued by Merrick Bank several years ago. I believe I have not used the credit card in the last six years. I have not
had any contact whatsoever with the creditor regarding the repayment of any credit card debt since 2012.
Pignone Dec., ¶ 4.
As a preliminary matter, describing the Pignone Declaration as "unopposed" is patently misleading. The Pignone Declaration is the same declaration that was attached to the First Objection to Claim. The additional documents attached to the Amended Claim, which was clearly filed in response to the First Objection to Claim, directly contradict the statements in the Pignone Declaration. The Motion does not acknowledge either the recycled nature of the Pignone Declaration or the lack of evidence or argument to rebut the evidence attached to the Amended Claim. Because the Pignone Declaration is recycled, it is also unclear whether the declarant, Maria Pignone ("Debtor"), intended it to address the Amended Claim.
If the statement made in the Pignone Declaration was true, the statute of limitations would have run sometime in 2016, well before the Petition Date in this case. However, the Pignone Declaration does not attach any documents or even affirm specific details under penalty of perjury that would corroborate Debtor’s general denial that she has not used the card or had contact with the creditor for six years; it is general and self-serving. While Debtor’s general assertion in the Pignone Declaration may have been sufficient to successfully challenge the limited evidence attached to the Original Claim, it is not sufficient to rebut the detailed evidence regarding Debtor’s use of the Creditor’s credit card provided with the Amended Claim. The evidence provided is not of "a probative force equal to that of the creditor’s proof of claim," to rebut the prima facie validity established by the Amended Claim.
See In re Consol. Pioneer Mortgage, 178 B.R. 222, 226 (B.A.P. 9th Cir.
11:00 AM
1995), aff’d sub nom. In re Consol. Pioneer Mortgage Entities, 91 F.3d 151 (9th Cir. 1996)); cf. Villiarimo v. Aloha Island Air, Inc., 281 F.3d 1054, 1061 (9th Cir. 2002) (refusing to find a genuine issue of fact in the context of a motion for summary judgment "where the only evidence presented is ‘uncorroborated and self-serving’ testimony"). Thus, the Court finds that the statute of limitations has not yet run and Creditor’s Amended Claim is not time-barred. The Court will not disallow the Amended Claim on this basis.
Leave of Court was not required to file the Amended Claim.
Finally, Debtors argue that the Amended Claim should be disallowed because the Creditor did not obtain leave of this Court to file an amended proof of claim after Debtors’ objection had been filed. Debtors provide no legal support for this basis for disallowing the Amended Claim. Generally, a creditor may freely amend its claim until the claims bar date. See, e.g., In re
Westgate-California Corp., (9th Cir. 1980) 621 F2d 983, 984. After the claims bar date, courts will generally allow amendments provided the amended claim sufficiently relates back to the originally filed claim. See id. There is no bright- line rule that prohibits the filing of an amended claim after an objection to claim has been filed. See In re Gilbreath, 395 B.R. 356, 365-66 (Bankr. S.D. Tex. 2008). It is within the court’s discretion whether to apply the FRCP 15 requirement that a party must "obtain the opposing party's written consent or the court's leave" in the context of amending a proof of claim after a written claim objection was filed. Id. at 366-67 (refusing to require strict adherence to Rule 15 in amending claims after an objection to claim has been filed but finding that "a bankruptcy court's equitable powers play some role in determining whether or not to allow an amendment filed without leave or consent in a contested matter"). The Court in In re Gilbreath exercised its equitable powers to disallow the claim amendments because the creditor filed amendments to a deficient claim the day of an evidentiary hearing regarding the debtor’s objection to claims. 395 B.R. at 367 ("Creditors should not be permitted to file woefully deficient proofs of claim in hopes that the debtor will not object, but then, when the debtor does object, to file amendments at the eleventh hour and rely on those amendments at the hearing. This is one of the reasons Rule 15 was enacted--to prevent undue prejudice and surprise to litigants and to permit opposing parties time to prepare for trial.").
11:00 AM
Here, Creditor filed the Amended Claim before the deadline to respond to Debtor’s First Objection to Claim. Debtors’ attorney would have received an NEF notice the same day the Amended Claim was filed, August 6, 2018, 15 days prior to the scheduled hearing. Debtors had ample time to review the Amended Claim and file any opposition to the amendment or reply in support of the First Objection to Claim prior to the hearing on the First Objection to Claim but did not do so. For Debtors to argue any prejudice from the timing of the Creditor’s Amended Claim would be disingenuous. Thus, the circumstances weigh strongly against exercising the Court’s discretion under FRBP 9014 and FRCP 7015 or equitable power under § 105 to disallow the Amended Claim merely because it was filed after an objection to the Original Claim. The Court will not disallow the Amended Claim on this basis.
Therefore, for the foregoing reasons, the Court is inclined to deny the Motion and allow the Amended Claim.
Analysis re: Sanctions
The Court may sanction attorneys and unrepresented parties pursuant to the Court’s inherent authority and under the Federal Rules of Bankruptcy Procedure. See Chambers v. NASCO, Inc., 501 U.S. 32, 43 (1991) (federal courts are vested with inherent powers to manage their cases and courtrooms and to maintain the integrity of the judicial system); Caldwell v. Unified Capital Corp. (In re Rainbow Magazine, Inc.), 77 F.3d 278, 284–85 (9th Cir. 1996).
Bankruptcy courts also have express authority under the Bankruptcy Code and the Federal Rules of Bankruptcy Procedure to sanction attorneys. See 11
U.S.C. § 105(a); FRBP 9011, LBR 9011-3; In re Nguyen, 447 B.R. 268, 280-81 (B.A.P. 9th Cir. 2011). Specifically, FRBP 9011(c) expressly authorizes the Court to impose sanctions, after notice and a hearing, for violations of subsection b, which provides as follows:
(b) Representations to the Court. By presenting to the court (whether by signing, filing, submitting, or later advocating) a petition, pleading, written motion, or other paper, an attorney or
11:00 AM
unrepresented party is certifying that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances,—
it is not being presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation;
the claims, defenses, and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;
the allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery; and
the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on a lack of information or belief.
FRBP 9011(b); see also Business Guides, Inc. v. Chromatic Communications Enterprises, Inc., 892 F.2d 802, 808 (9th Cir. 1989),
affirmed 498 U.S. 533 (1991).
The Motion and the exhibits attached display several instances of sanctionable conduct by Debtors’ Counsel, David Akintimoye.
First, the statement that "a power of attorney does not give Resurgent Capital Services standing to file proof of claim on behalf of Merrick Bank," violates FRBP 9011(b). See Memorandum of Points and Authorities, Dk. 104-6, pg.
2:23-24. This statement is both legally and factually frivolous. As set forth above, this argument is directly contradicted by relevant legal authority and the evidence attached to the Amended Claim; it is not warranted by existing law and does not provide any argument for an extension or modification of
11:00 AM
existing law. Moreover, it plainly ignores the evidence presented without any justification.
Second, the use of the recycled Pignone Declaration, and presentation of this declaration as "unopposed" violates both Mr. Akintimoye’s duty of candor to the Court and duties to his client. Moreover, the lack of supporting detail or documentation may violate FRBP 9011(b)(3) and (4).
Finally, Mr. Akintimoye’s failure to bring the Amended Claim to the attention of the Court prior to the hearing on the First Objection to Claim, is potentially a sanctionable violation of Counsel’s duty of candor to the Court. See California Business and Professions Code § 6068(d) ("It is the duty of an attorney . . .
To employ, for the purpose of maintaining the causes confided to him or her, those means only as are consistent with truth, and never to seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law."); Pac. Harbor Capital, Inc. v. Carnival Air Lines, Inc., 210 F.3d 1112, 1119 (9th Cir. 2000) ("[A]n attorney does not simply act as an advocate for his client; he is also an officer of the court. As such an attorney has a duty of good faith and candor in dealing with the judiciary.").
Mr. Akintimoye should appear and explain why he should not be sanctioned for the foregoing conduct.
Appearances are required.
Debtor(s):
Francis A Pignone Represented By
David A Akintimoye
Joint Debtor(s):
Maria Haydee Pignone Represented By
David A Akintimoye
Trustee(s):
Steven M Speier (TR) Represented By Robert P Goe
11:00 AM
11:00 AM
Hrg. on Trustee's Motion For order approving sale of real property; payment of broker's commission; payment of debtor's homestead exemption
EH
Docket 21
- NONE LISTED -
Tentative for 10/09/18 is to GRANT provided Trustee appears and presents supplemental evidence of marketing and good faith on the buyer's part (necessary for the requested §363(m) finding).
Appearances required.
Debtor(s):
Heinrich Sonksen Represented By
W. Derek May
Trustee(s):
Robert Whitmore (TR) Pro Se
11:00 AM
Hrg. on Chapter 7 Trustee's Motion to Compel Debtor to Appear for Examination at Continued § 341(a) Meeting of Creditors
EH
Docket 31
- NONE LISTED -
Tentative for 10/09/18 is to GRANT in part and DENY in part.
The Court will GRANT the request to compel attendance at the November 5, 2018 §341(a) meeting of creditors. The Court will DENY the request authorizing, in advance, an ex parte motion pursuant to FRBP 2005, which is not provided for in FRBP 2005. If the Trustee deems it appropriate, the Trustee may file a motion pursuant to FRBP 2005 and, pursuant to applicable local rules, may file an application to have the hearing on shortened time or seek to have the hearing on an emergency basis, if circumstances warrant.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Juan Esparza Pro Se
Trustee(s):
Howard B Grobstein (TR) Represented By
11:00 AM
Noreen A Madoyan
11:00 AM
Hrg. on chapter 7 trustee's motion filed 9/14/18 to Extend Deadline Within Which the Chapter 7 Trustee or the Office of the United States Trustee May File an Objection to Debtor's Discharge Pursuant to 11 U.S.C. Section 727
EH
Docket 22
- NONE LISTED -
Tentative for 10/09/18 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Hao Wang Represented By
Sam X J Wu
Trustee(s):
Arturo Cisneros (TR) Pro Se
11:00 AM
Hrg. on Debtor's Motion filed 8/14/18 to vacate dismissal of Chapter 7 Case EH
Docket 15
- NONE LISTED -
Tentative for 10/09/18:
Debtor seeks to vacate the order dismissing his Chapter 7 case entered on August 10, 2018 [Dk. 13] and reinstate his Chapter 7 case. Debtor asserts the basis for the dismissal was the failure to check the box with respect to the Statement of Intention. However, contrary to Debtor's assertions, the case was in fact dismissed due to Debtor's failure to sign Official Form 107- Statement of Financial Affairs (see Statement of Financial Affairs, filed July 31, 2018 [Dk. 11], pg. 30 of 36).
The Court will GRANT the motion contingent upon Debtor filing an executed Official Form 107- Statement of Financial Affairs, with a supporting declaration as required by LBR 1017-1(c)(1), concurrently with the lodgment of the order granting this motion. If the executed Official Form 107 and declaration are not filed within seven (7) days of the date of this hearing, the Court will deny the motion.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order and the executed Statement of Financial Affairs within seven (7) days.
11:00 AM
Debtor(s):
Robert Donald Sherwood Jr. Represented By Dina Farhat
Trustee(s):
Charles W Daff (TR) Pro Se
1:30 PM
Hrg. on Chapter 11 Status Conference (Advanced from 10/16/18)
EH
Docket 0
NONE LISTED -
NONE LISTED -
Debtor(s):
Village News, Inc. Represented By
Robert B Rosenstein
1:30 PM
Hrg. on Adequacy of the Amended Disclosure Statement (Advanced from 10/16/18)
EH
Docket 1
NONE LISTED -
NONE LISTED -
Debtor(s):
Foster Enterprises, a California Represented By Dean G Rallis Jr
1:30 PM
Hrg. on Chapter 11 Status Conference (Advanced from 10/16/18)
EH
Docket 1
NONE LISTED -
NONE LISTED -
Debtor(s):
Foster Enterprises, a California Represented By Dean G Rallis Jr
1:30 PM
Hrg. on Chapter 11 Status Conference (Advanced from 10/16/18)
EH
Docket 0
NONE LISTED -
Tentative for 10/9/18:
The Court has reviewed the status report filed 9/25/18 [Dk. 92] and is unclear why Debtor requires another 60 days prior to filing her plan and disclosure statement in what appears to be a straightforward (secured debt only; no claim objections; no avoidance actions) individual Chapter 11 case, which has already been pending nearly a year.
Appearances required.
Debtor(s):
Caroline C Mendoza Represented By Todd L Turoci
1:30 PM
Adv#: 6:18-01024 Garcia v. Garcia, Sr. et al
PRE-TRIAL CONFERENCE re: Complaint by Hope Garcia against Mario Antonio Garcia Sr., Veronica Bolanos Garcia - 523(a)(2), (a)(4)
(Advanced from 10/16/18) EH
Docket 1
NONE LISTED -
Tentative for 10/09/18:
At the hearing held on 9/18/18 regarding the appointment of a Chapter 11 Trustee, Debtor's counsel represented that they had reached a settlement with the Plaintiffs in this case and that a stipulation would be filed to that effect within two weeks. As of the posting of this tentative, nothing further has been filed, either a stipulation regarding settlement or a pretrial stipulation as required by the Local Rules.
Appearances required.
*************************************************************************** Tentative for 4/04/18 is to set the following dates/deadlines:
Discovery cutoff: July 31, 2018. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: September 15, 2018. Note: this date includes the date by which all non-discovery motions must be heard and resolved.
1:30 PM
Pretrial conference: October 16, 2018 at 1:30 p.m.
The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may result in the imposition of sanctions, including the striking of the answer and dismissal of the complaint.
Plaintiff is to lodge a scheduling order within 7 days.
Debtor(s):
Mario Antonio Garcia Sr. Represented By Michael J Allison
Defendant(s):
Mario Antonio Garcia Sr. Pro Se
Veronica Bolanos Garcia Pro Se
Joint Debtor(s):
Veronica Bolanos Garcia Represented By Michael J Allison
Plaintiff(s):
Hope Garcia Represented By
Blair J Berkley
1:30 PM
Hrg. on Debtor's Motion filed 8/8/18 to Use Cash Collateral (Cont. from 9/18/18)
EH
Docket 5
NONE LISTED -
NONE LISTED -
Debtor(s):
Lovejoy's Family Moving., Inc., dba Represented By
Illyssa I Fogel
Movant(s):
Lovejoy's Family Moving., Inc., dba Represented By
Illyssa I Fogel
1:30 PM
Hrg. on Debtor's Motion for authority to employ the Turoci Firm as General Bankruptcy Counsel
Docket 5
NONE LISTED -
Tentative for 10/09/18:
The Court notes that while the Supplemental Declaration of Ali Malakou appears to sufficiently address the Court's concerns regarding potential conflict, the declarant does not expressly represent that he has authority on behalf of Micasso to make such binding representations. Applicant may file a further Supplemental Declaration addressing the foregoing by no later than Monday, October 8, 2018 at noon.
Appearances required.
Debtor(s):
Investment Group, LLC Represented By Todd L Turoci
1:30 PM
Hrg. on Chapter 11 Status Conference (Advanced from 10/16/18)
EH
Docket 1
NONE LISTED -
Tentative for 10/09/18 is to set the following dates/deadlines:
Deadline to file a plan and disclosure statement: January 31, 2019. The failure to timely file a plan and disclosure statement may result in the dismissal or conversion of the case.
Continued status conference: February 19, 2019 at 1:30 p.m. A status report is due 14 days in advance.
Appearances required.
Debtor(s):
Investment Group, LLC Represented By Todd L Turoci
9:30 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 2/24/17)
FR: 4-20-17; 7-11-17; 8-17-17; 11-9-17; 12-14-17; 2-21-18; 4-18-18; 5-3-18;
5-31-18; 7-19-18
Docket 1
Debtor(s):
John Jean Bral Represented By Beth Gaschen
9:30 AM
Hearing RE: Confirmation Of Second Amended Chapter 11 Plan (First Amended D.S. filed 4/30/18
(Second Amended D.S. filed 6/8/18) (Confirmation hearing set at D.S. held 7-19-18)
FR: 5-31-18; 7-19-18
Docket 544
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman William N Lobel Babak Samini
9:30 AM
Adv#: 8:17-01071 Bral v. Beitler
CONT'D Hearing RE: Motion For Summary Judgment on Debtor's First Amended Complaint Against Barry Beitler for: (1) Avoidance of Preference Pursuant to 11 U.S.C. Section 547; (2) Avoidance of Unperfected Liens Pursuant to 11 U.S.C. Section 544(A); (3) Recovery of Avoided Transfers Pursuant to 11 U.S.C. Section 550; and (4) Disallowance of Claims Pursuant to 11 U.S.C. Section 502
[LIMITED ISSUES ONLY]
(Motion filed 12/14/17)
FR: 1-25-17; 2-21-18; 5-31-18; 7-19-18
Docket 27
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman William N Lobel
Defendant(s):
Barry Beitler Represented By
Krikor J Meshefejian
Plaintiff(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman William N Lobel
9:30 AM
Adv#: 8:17-01071 Bral v. Beitler
CON'TD STATUS CONFERENCE Hearing RE: Complaint Against Barry Beitler For:
Avoidance Of Preference Pursuant To 11 U.S.C. Section 547;
Recovery Of Avoided Transfers Pursuant To 11 U.S.C. Section 550; And
Disallowance Of Claims Pursuant To 11 U.S.C. Section 502 (Complaint filed 5/9/17) (Set per order entered 11/13/17)
FR: 8-3-17, 11-9-17; 5-31-18; 7-19-18
Docket 1
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
Defendant(s):
Barry Beitler Pro Se
Plaintiff(s):
John Jean Bral Represented By Beth Gaschen
9:30 AM
Adv#: 8:17-01092 Beitler v. Bral
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Non-
Dischargeability Of Debt Under Bankruptcy Code Section 523 (Complaint filed 6/2/17) (First Amended Complaint filed 12/1/17)
FR: 8-31-17; 11-9-17; 12-7-17; 1-24-18; 1-25-18; 2-21-18; 4-18-18; 5-3-18;
5-31-18; 7-19-18
Docket 1
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
Defendant(s):
John Jean Bral Pro Se
Plaintiff(s):
Barry Beitler Represented By
Krikor J Meshefejian Gary E Klausner
9:30 AM
Adv#: 8:17-01094 Beitler & Associates, Inc. dba Beitler Commercial v. Bral
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Non-
Dischargeability Of Debt Under Bankruptcy Code Section 523 (Complaint filed 6/2/17) (First Amended Complaint filed 12/1/17)
FR: 8-31-17; 11-9-17; 12-7-17; 1-24-18; 1-25-18; 2-21-18; 4-18-18; 5-3-18;
5-31-18; 7-19-18
Docket 1
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
Defendant(s):
John Jean Bral Pro Se
Plaintiff(s):
Beitler & Associates, Inc. dba Beitler Represented By
Krikor J Meshefejian Gary E Klausner
9:30 AM
Adv#: 8:17-01095 Steward Financial LLC v. Bral
CONT'D STATUS CONFERENCE Hearing RE: First Amended Complaint To Determine Non-Dischargeability Of Debt Under Bankruptcy Code Section 523 (Complaint filed 6/2/17) (First Amended Complaint filed 12/1/17)
FR: 8-31-17; 11-9-17; 12-7-17; 1-24-18; 1-25-18; 2-21-18; 4-18-18; 5-3-18;
5-31-18; 7-19-18
Docket 1
Debtor(s):
John Jean Bral Represented By Beth Gaschen Alan J Friedman
Defendant(s):
John Jean Bral Pro Se
Plaintiff(s):
Steward Financial LLC Represented By
Krikor J Meshefejian Gary E Klausner
11:00 AM
Hrg. on Trustee's Final Report; applications for compensation EH
Docket 0
Debtor(s):
Melissa L Molina Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
11:00 AM
Hrg. on attorney for chapter 7 trustee Motion filed 2/15/18 Objections to Debtor's Exemptions of Personal Injury Claim and Class Action Lawsuit Claim
(Cont. from 8/21/18) EH
Docket 27
Debtor(s):
William P VanDerWeele Represented By Sundee M Teeple
Trustee(s):
Robert Whitmore (TR) Represented By Franklin C Adams Cathy Ta
1:30 PM
Mtn/ntc fld 6-27-16 - Anyiam Law Firm & L/O Akudinobi & Ikonte
(Per order entered 7/6/18)
Docket 1862
Debtor(s):
City of San Bernardino, California Represented By
Paul R. Glassman Fred Neufeld Laura L Buchanan
Movant(s):
Gustavo Arzola Represented By Christian U Anyiam
1:30 PM
Hrg. on Chapter 11 Status Conference (Cont. from 6/19/18)
EH
Docket 0
Debtor(s):
Village News, Inc. Represented By
Robert B Rosenstein
1:30 PM
Hrg. on Chapter 11 Status Conference (Cont. from 7/31/18)
Docket 1
Debtor(s):
Foster Enterprises, a California Represented By Dean G Rallis Jr
1:30 PM
Hrg. on Adequacy of the Amended Disclosure Statement (Cont. from 7/31/18)
Docket 1
Debtor(s):
Foster Enterprises, a California Represented By Dean G Rallis Jr
1:30 PM
Hrg. on Chapter 11 Status Conference EH
Docket 0
Debtor(s):
Caroline C Mendoza Represented By Todd L Turoci
1:30 PM
Adv#: 6:18-01024 Garcia v. Garcia, Sr. et al
PRE-TRIAL CONFERENCE re: Complaint by Hope Garcia against Mario Antonio Garcia Sr., Veronica Bolanos Garcia - 523(a)(2), (a)(4)
EH
Docket 1
Debtor(s):
Mario Antonio Garcia Sr. Represented By Michael J Allison
Defendant(s):
Mario Antonio Garcia Sr. Pro Se
Veronica Bolanos Garcia Pro Se
Joint Debtor(s):
Veronica Bolanos Garcia Represented By Michael J Allison
Plaintiff(s):
Hope Garcia Represented By
Blair J Berkley
1:30 PM
Hrg. on Chapter 11 Status Conference EH
Docket 1
Debtor(s):
Investment Group, LLC Represented By Todd L Turoci
1:30 PM
Adv#: 6:16-01018 O'Laverty et al v. Far et al
STATUS CONFERENCE re Complaint by Ames Todd O'Laverty, Cheri O'Laverty, Merilee Sousa against Mohammad Far, Ruth Ann Far (523(a)(2), false pretenses, false representation, actual fraud, 523(a)(4), fraud as fiduciary, embezzlement, larceny, 523(a)(6), willful and malicious injury)
(Cont. from 5/30/18) EH
(Tele. appr. Ian S. Lansberg, rep. Plaintiff O'Laverty et al)
Docket 1
Debtor(s):
Mohammad Far Represented By Stephen H Darrow
Defendant(s):
Mohammad Far Represented By Stephen H Darrow
Ruth Ann Far Represented By
Stephen H Darrow
Joint Debtor(s):
Ruth Ann Far Represented By
Stephen H Darrow
Plaintiff(s):
Ames Todd O'Laverty Represented By Ian Landsberg
1:30 PM
Cheri O'Laverty Represented By Ian Landsberg
Merilee Sousa Represented By Ian Landsberg
Trustee(s):
Larry D Simons (TR) Represented By
Howard M Ehrenberg Jessica Vogel
1:30 PM
Adv#: 6:17-01260 Pringle v. American Express Company
PRE-TRIAL CONFERENCE re: Complaint by John P. Pringle against American Express Company - 548 fraudulent transfer
EH
Docket 1
Debtor(s):
Four-D College Represented By Linda A Lindsey Michael G Portner
Defendant(s):
American Express Company Pro Se
Plaintiff(s):
John P. Pringle Represented By Anthony A Friedman Lindsey L Smith Todd A Frealy
Trustee(s):
John P Pringle (TR) Represented By Juliet Y Oh Todd A Frealy
Anthony A Friedman Keith Levey
1:30 PM
Adv#: 6:17-01264 Pringle v. E&L Property Management, LLC et al
PRE-TRIAL CONFERENCE re: Complaint by John P. Pringle against E&L Property Management, LLC, Ernell Smith, Linda Smith - 547, 548
EH
Docket 1
Debtor(s):
Four-D College Represented By Linda A Lindsey Michael G Portner
Defendant(s):
E&L Property Management, LLC Pro Se
Ernell Smith Pro Se
Linda Smith Pro Se
Plaintiff(s):
John P. Pringle Represented By Anthony A Friedman Lindsey L Smith Todd A Frealy
Trustee(s):
John P Pringle (TR) Represented By Juliet Y Oh Todd A Frealy
Anthony A Friedman
1:30 PM
Keith Levey
1:30 PM
Adv#: 6:17-01265 Pringle v. Smith
PRE-TRIAL CONFERENCE re: Complaint by John P. Pringle against Ernell Smith. Nature of Suit: - 547, 548
EH
Docket 1
Debtor(s):
Four-D College Represented By Linda A Lindsey Michael G Portner
Defendant(s):
Ernell Smith Pro Se
Plaintiff(s):
John P. Pringle Represented By Anthony A Friedman Lindsey L Smith Todd A Frealy
Trustee(s):
John P Pringle (TR) Represented By Juliet Y Oh Todd A Frealy
Anthony A Friedman Keith Levey
1:30 PM
Adv#: 6:17-01116 Cisneros v. Tran
Hrg on Plaintiff's Motion for Summary Judgment, or in the Alternative, Adjudication of Certain Issues Against Kim Tran
EH
(Cont. from 8/15/18)
Docket 36
Debtor(s):
Kim Han Do Represented By
Michael G Spector
Defendant(s):
Kim Tran Represented By
David Wood
J Scott Williams
Movant(s):
Arturo Cisneros (TR) Represented By Thomas H Casey Steve Burnell Kathleen J McCarthy
Plaintiff(s):
Arturo Cisneros Represented By Thomas H Casey
Trustee(s):
Arturo Cisneros (TR) Represented By Thomas H Casey
1:30 PM
Kathleen J McCarthy
1:30 PM
Adv#: 6:17-01116 Cisneros v. Tran
PRE-TRIAL CONFERENCE re: Complaint by Arturo Cisneros against Kim Tran. EH
(Cont. from 8/22/18)
Docket 1
Debtor(s):
Kim Han Do Represented By
Keith Q Nguyen
Defendant(s):
Kim Tran Pro Se
Plaintiff(s):
Arturo Cisneros Represented By Thomas H Casey
Trustee(s):
Arturo Cisneros (TR) Represented By Thomas H Casey Kathleen J McCarthy
1:30 PM
Adv#: 6:18-01047 Bui v. Perez et al
STATUS CONFERENCE re: Complaint by Lynda T. Bui against Maria Magdalena Perez, Juan Alberto Perez, Ivan De La Torre (Approval of sale of property of estate and of a co-owner - 363(h), Recovery of money/property - 542 turnover of property)
(Cont. from 8/1/18) EH
Docket 1
Debtor(s):
Ivan De La Torre Represented By Daniel C Sever
Defendant(s):
Maria Magdalena Perez Pro Se
Juan Alberto Perez Pro Se
Ivan De La Torre Pro Se
Plaintiff(s):
Lynda T. Bui Represented By
Carmela Pagay
Trustee(s):
Lynda T. Bui (TR) Represented By Carmela Pagay
1:30 PM
Adv#: 6:18-01016 Tyra v. Mendonca
Hrg. on STATUS CONFERENCE re: Complaint by Roy Tyra against Michael David Mendonca - 523(a)(2)
(Cont. from 7/11/18) EH
Docket 1
Debtor(s):
Michael David Mendonca Represented By Gary H Blaylock
Defendant(s):
Michael David Mendonca Pro Se
Plaintiff(s):
Roy Tyra Represented By
Robert W Morris
Trustee(s):
Charles W Daff (TR) Pro Se
1:30 PM
Adv#: 6:18-01092 Pringle v. Facility Services of America, Inc.
STATUS CONFEENCE re: Complaint by John P. Pringle against Facility Services of America, Inc. (11 (Recovery of money/property - 542 turnover of property))
(Cont. from 7/11/18) EH
Docket 1
Debtor(s):
Southern Pacific Janitorial Group, Represented By
Michael Jay Berger
Defendant(s):
Facility Services of America, Inc. Pro Se
Plaintiff(s):
John P. Pringle Represented By
Michelle A Marchisotto
Trustee(s):
John P Pringle (TR) Represented By
Michelle A Marchisotto
10:00 AM
Adv#: 8:17-01159 Marshack v. American Express Bank FSB et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Turnover And Avoidance Of Preferential Transfers And Recovery Of The Value Of Such Transfers
(Complaint filed 10/7/17)
FR: 1-24-18; 4-18-18; 8-1-18
Docket 1
Debtor(s):
Lilibeth Del Rosario Represented By Mark D Klein
Defendant(s):
American Express Bank FSB Pro Se
JP Morgan Chase Bank Pro Se
Credit First Pro Se
Joint Debtor(s):
Aristotle Perlas Del Rosario Represented By Mark D Klein
Plaintiff(s):
Richard A Marshack Represented By Anerio V Altman
Trustee(s):
Richard A Marshack (TR) Represented By
10:00 AM
Anerio V Altman
10:00 AM
Adv#: 8:18-01097 King v. Greene
CONT'D STATUS CONFERENCE Hearing RE: Complaint:
(1) To Determine Dischargeability Of Darrin Bradford Greene's Debt To Zetta Jet USA, Inc. And Zetta Jet PTE, Ltd. Pursuant To Bankruptcy Code Section 523(a)(4) And 523(a)(6); And
For Willful Violation Of The Automatic Stay (Complaint filed 5/29/18)
FR: 8-15-18
Docket 1
Debtor(s):
Darrin Bradford Greene Represented By Michael N Nicastro
Defendant(s):
Darrin Bradford Greene Pro Se
Plaintiff(s):
Jonathan D. King Represented By Robbin L. Itkin
Trustee(s):
Richard A Marshack (TR) Pro Se
11:00 AM
CONT'D POST-CONFIRMATION STATUS CONFERENCE Hearing RE: (1)
Case Management Conference And (2) Requiring Status Report (Petition filed 7/1/14) (Set per Order Confirming Plan Entered 9-25-15)
FR: Advanced from 8-21-14; Advanced from 8-7-14 at 11:00 a.m.; 8-7-14;
12-11-14; 1-15-15; 1-29-15; 5-7-15; 7-9-15; 9-17-15; 4-14-16; 4-28-16;
10-13-16; 4-20-17; 4-19-17: Advanced from 4-19-18; 4-5-18
Docket 1
Debtor(s):
Randall William Blanchard Represented By Marc J Winthrop
Garrick A Hollander Jacob C Gonzales
Trustee(s):
Richard Pachulski (TR) Represented By Teddy M Kapur Jeremy V Richards
11:00 AM
Adv#: 8:16-01229 Ruiz et al v. Favreau
CONT'D STATUS CONFERENCE Hearing RE: Amended Complaint To The Nondischargeability Of Certain Debts Owed By Debtor Michael Edward Favreau To Christopher P. And Theresa Ruiz Pursuant To 11 U.S.C. Section 523 (Complaint filed 10/17/16) (Amended Complaint filed 2/13/17)
FR: 1-12-17; 3-16-17; 4-20-17; 6-19-17; 12-14-17; 1-11-18; 5-3-18
Docket 16
Debtor(s):
Michael Edward Favreau Represented By Robert P Goe
Defendant(s):
Michael Edward Favreau Pro Se
Plaintiff(s):
Christopher P. Ruiz Represented By John W Lucas
Theresa-Keane Ruiz Represented By John W Lucas
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 12/1416)
FR: 2-2-17; 5-11-17; 12-14-17; 4-19-18; 5-3-18
Docket 1
Debtor(s):
Charles Flowers Harrison Represented By Michael Jones
Joint Debtor(s):
Martha Isabel Montoya Represented By Michael Jones
11:00 AM
Adv#: 8:17-01013 Axis CP I, LLC v. Montoya
CONT'D STATUS CONFERENCE RE: Counterclaim and Third-Party Complaint (filed 4/28/17)
FR: 8-3-17; 12-14-17; 4-19-18; 5-3-18
Docket 20
Debtor(s):
Charles Flowers Harrison Represented By Michael Jones Sara Tidd
Defendant(s):
Martha Isabel Montoya Represented By Michael Jones
Joint Debtor(s):
Martha Isabel Montoya Represented By Michael Jones Sara Tidd
Plaintiff(s):
Axis CP I, LLC Represented By Michael A Wallin
11:00 AM
Adv#: 8:17-01013 Axis CP I, LLC v. Montoya
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt [11 U.S.C. Section 523(a)(2)]
(Complaint filed 1/26/17) (Another Summons Issued 3/3/17) FR: 4-20-17; 6-14-17; 12-14-17; 4-19-18; 5-3-18
Docket 1
Debtor(s):
Charles Flowers Harrison Represented By Michael Jones
Defendant(s):
Martha Isabel Montoya Pro Se
Joint Debtor(s):
Martha Isabel Montoya Represented By Michael Jones
Plaintiff(s):
Axis CP I, LLC Represented By Michael A Wallin
11:00 AM
Adv#: 8:17-01046 Sun Coast Farms LLC v. Harrison et al
CONT'D STATUS CONFERENCE Hearing RE: Adversary Complaint To Determine Dischargeability Of Debt Pursuant To 11 U.S.C. Section 523(a)(4) And 11 U.S.C. Section 523(a)(2)
(Complaint filed 3/24/17)
FR: 6-14-17; 12-14-17; 4-19-18; 5-3-18
Docket 1
Debtor(s):
Charles Flowers Harrison Represented By Michael Jones Sara Tidd
Defendant(s):
Charles Flowers Harrison Pro Se
Martha Isabel Montoya Pro Se
Joint Debtor(s):
Martha Isabel Montoya Represented By Michael Jones Sara Tidd
Plaintiff(s):
Sun Coast Farms LLC Represented By Bart M Botta
11:00 AM
Adv#: 8:17-01046 Sun Coast Farms LLC v. Harrison et al
CONT'D STATUS CONFERENCE Hearing RE: Third Party Complaint (Third Party Complaint filed 5/9/17)
FR: 8-3-17; 12-14-17; 4-19-18; 5-3-18
Docket 7
Debtor(s):
Charles Flowers Harrison Represented By Michael Jones Sara Tidd
Defendant(s):
Charles Flowers Harrison Represented By Michael Jones
Martha Isabel Montoya Represented By Michael Jones
Joint Debtor(s):
Martha Isabel Montoya Represented By Michael Jones Sara Tidd
Plaintiff(s):
Sun Coast Farms LLC Represented By Bart M Botta
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 7/1/17)
FR: 8-17-17; 1-11-18; 3-8-18; 4-5-18; 5-31-18; 7-12-18; 8-2-18
Docket 1
Debtor(s):
Chrestotes, Inc Represented By David A Tilem
11:00 AM
Hearing RE: Confirmation Of Debtor's Amended Chapter 11 Plan Of Reorganization (May 18, 2018)
(Set at D.S. hearing held 8-2-18) (D.S. Approved 8/2/18)
Docket 202
Debtor(s):
Chrestotes, Inc Represented By David A Tilem
9:30 AM
Adv#: 8:15-01425 Marshack v. Ayotte
CONT'D TRIAL RE: Complaint For Avoidance, Recovery, And Preservation Of Preferential Transfers
[11 U.S.C. Sections 544, 547, 550, And 551]
(Complaint filed 10/27/15) (PTC set at S/C held 4/6/16) (Trial set at PTC held 6/14/17)
[Law Offices of Michael W. Ayotte [ONLY] - Dismissed per Order Entered 4-6-17 - Docket No. 33]
FR: 3-9-16; 4-6-16; 4-6-16; 8-17-16; 11-30-16; 4-19-17; 6-14-17; 11-20-17;
2-27-18; 5-22-18; 7-24-18
Docket 1
Debtor(s):
DRI Companies Represented By Todd C. Ringstad
Christopher Minier Brian R Nelson
Defendant(s):
Michael W. Ayotte Represented By Michael W Ayotte
Plaintiff(s):
Richard A. Marshack Represented By Chad V Haes Judith E Marshack
9:30 AM
Trustee(s):
D Edward Hays
Richard A Marshack (TR) Represented By
D Edward Hays Chad V Haes Kyra E Andrassy Judith E Marshack
Leonard M Shulman Melissa Davis Lowe
1:30 PM
Adv#: 6:16-01018 O'Laverty et al v. Far et al
STATUS CONFERENCE re Complaint by Ames Todd O'Laverty, Cheri O'Laverty, Merilee Sousa against Mohammad Far, Ruth Ann Far (523(a)(2), false pretenses, false representation, actual fraud, 523(a)(4), fraud as fiduciary, embezzlement, larceny, 523(a)(6), willful and malicious injury)
(Cont. from 10/17/18) EH
Docket 1
Tentative for 10/24/18:
This matter is CONTINUED to March 6, 2019 at 1:30 p.m. A status report (whether joint or unilateral) is due 14 days in advance.
Appearances are excused.
**************************************************************************** Tentative for 5/30/18:
The Court has received and reviewed the status report filed by Debtors on 5/10/18 [Dk. 45] and will CONTINUE this matter to 10/17/18 at 1:30 p.m. A status report (whether joint or unilateral) is due 14 days in advance. Future failure to timely file status reports may result in sanctions.
Appearances are excused.
*************************************************************************** Tentative for 11/15/17:
1:30 PM
This matter is CONTINUED to March 14, 2018 at 1:30 p.m. A status report (whether joint or unilateral) is due 14 days in advance. Future failure to timely file status reports may result in sanctions.
Appearances are excused.
****************************************************************************** Tentative for 8/16/17:
The Court has received and reviewed the status report filed late on August 11, 2017 [Dk. 37]. This status conference is CONTINUED to November 15, 2017 at 1:30 p.m. A status report (whether joint or unilateral) is due 14 days in advance. Future failure to timely file status reports may result in sanctions.
Appearances are excused.
**************************************************************************** Tentative for 5/10/17:
The Court has reviewed the Status Report filed 5/2/17 [Dk. 34] and notes that it indicates the appeal has been filed and is pending. The Court will CONTINUE the status conference to August 16, 2017 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
***************************************************************************** Tentative for 3/15/17:
Appearances required. The parties should be prepared to discuss (1) the impact of the pending appeal on the motion for summary judgment presently calendared for 5/3/17; and (2) new dates for the pre-trial conference and motion for summary judgment, if warranted.
Debtor(s):
Mohammad Far Represented By
1:30 PM
Stephen H Darrow
Defendant(s):
Mohammad Far Represented By Stephen H Darrow
Ruth Ann Far Represented By
Stephen H Darrow
Joint Debtor(s):
Ruth Ann Far Represented By
Stephen H Darrow
Plaintiff(s):
Ames Todd O'Laverty Represented By Ian Landsberg
Cheri O'Laverty Represented By Ian Landsberg
Merilee Sousa Represented By Ian Landsberg
Trustee(s):
Larry D Simons (TR) Represented By
Howard M Ehrenberg Jessica Vogel
1:30 PM
Adv#: 6:17-01260 Pringle v. American Express Company
PRE-TRIAL CONFERENCE re: Complaint by John P. Pringle against American Express Company - 548 fraudulent transfer
(Cont. from 10/17/18) EH
Docket 1
- NONE LISTED -
Debtor(s):
Four-D College Represented By Linda A Lindsey Michael G Portner
Defendant(s):
American Express Company Pro Se
Plaintiff(s):
John P. Pringle Represented By Anthony A Friedman Lindsey L Smith Todd A Frealy
Trustee(s):
John P Pringle (TR) Represented By Juliet Y Oh Todd A Frealy
Anthony A Friedman
1:30 PM
Keith Levey
1:30 PM
Adv#: 6:17-01264 Pringle v. E&L Property Management, LLC et al
PRE-TRIAL CONFERENCE re: Complaint by John P. Pringle against E&L Property Management, LLC, Ernell Smith, Linda Smith - 547, 548
(Cont. from 10/17/18) EH
Docket 1
- NONE LISTED -
Debtor(s):
Four-D College Represented By Linda A Lindsey Michael G Portner
Defendant(s):
E&L Property Management, LLC Pro Se
Ernell Smith Pro Se
Linda Smith Pro Se
Plaintiff(s):
John P. Pringle Represented By Anthony A Friedman Lindsey L Smith Todd A Frealy
1:30 PM
Trustee(s):
John P Pringle (TR) Represented By Juliet Y Oh Todd A Frealy
Anthony A Friedman Keith Levey
1:30 PM
Adv#: 6:17-01265 Pringle v. Smith
PRE-TRIAL CONFERENCE re: Complaint by John P. Pringle against Ernell Smith. Nature of Suit: - 547, 548
(Cont. from 10/17/18) EH
Docket 1
- NONE LISTED -
Debtor(s):
Four-D College Represented By Linda A Lindsey Michael G Portner
Defendant(s):
Ernell Smith Pro Se
Plaintiff(s):
John P. Pringle Represented By Anthony A Friedman Lindsey L Smith Todd A Frealy
Trustee(s):
John P Pringle (TR) Represented By Juliet Y Oh
1:30 PM
Todd A Frealy Anthony A Friedman Keith Levey
1:30 PM
Adv#: 6:17-01116 Cisneros v. Tran
PRE-TRIAL CONFERENCE re: Complaint by Arturo Cisneros against Kim Tran. (Cont. from 10/17/18)
EH
Docket 1
- NONE LISTED -
Debtor(s):
Kim Han Do Represented By
Keith Q Nguyen
Defendant(s):
Kim Tran Pro Se
Plaintiff(s):
Arturo Cisneros Represented By Thomas H Casey
Trustee(s):
Arturo Cisneros (TR) Represented By Thomas H Casey Kathleen J McCarthy
1:30 PM
Adv#: 6:17-01116 Cisneros v. Tran
Hrg on Plaintiff's Motion for Summary Judgment, or in the Alternative,
Adjudication of Certain Issues Against Kim Tran (Cont. from 10/17/18)
EH
Docket 36
- NONE LISTED -
Debtor(s):
Kim Han Do Represented By
Michael G Spector
Defendant(s):
Kim Tran Represented By
David Wood
J Scott Williams
Movant(s):
Arturo Cisneros (TR) Represented By Thomas H Casey Steve Burnell Kathleen J McCarthy
Plaintiff(s):
Arturo Cisneros Represented By Thomas H Casey
1:30 PM
Trustee(s):
Arturo Cisneros (TR) Represented By Thomas H Casey Kathleen J McCarthy
1:30 PM
Adv#: 6:17-01253 Zamora et al v. Rodriguez
Hrg. on Plaintiff's Motion filed 9/20/18 for Judgment on the Pleadings EH
Docket 27
- NONE LISTED -
Debtor(s):
Gabriela Rodriguez Represented By Edgar P Lombera
Defendant(s):
Gabriella Rodriguez Represented By Dina Farhat
Plaintiff(s):
Hilda H Zamora Represented By Leonard J Cravens
Caronna, Johnson & Zamora, LLP Represented By
Leonard J Cravens
Trustee(s):
Lynda T. Bui (TR) Pro Se
1:30 PM
Adv#: 6:18-01016 Tyra v. Mendonca
Hrg. on STATUS CONFERENCE re: Complaint by Roy Tyra against Michael David Mendonca - 523(a)(2)
(Cont. from 10/17/18) EH
Docket 1
Tentative for 10/24/18:
The Court, noting the default entered by the Clerk on July 2, 2018 [Dk. 10], previously continued this matter and directed Plaintiff to file a motion for default judgment by no later than August 15, 2018. As of the posting of this tentative, neither a motion for default judgment nor a status report has been filed.
The Court is inclined to set an order to show cause why this case should not be dismissed for failure to prosecute on November 28, 2018 at 1:30 p.m.
Plaintiff's response is due no later than November 14, 2018. Failure to file a response may result in immediate dismissal of the case.
Appearances required.
***************************************************************************** Tentative for 7/11/18 is to CONTINUE to 10/17/18 at 1:30 p.m. A status report is due 14 days in advance.
Plaintiff is to file his motion for default judgment by no later than August 15, 2018 and may either set it for hearing or proceeding without a hearing, pursuant to the local rules.
Appearances are excused for the 7/11/18 hearing.
1:30 PM
Debtor(s):
Michael David Mendonca Represented By Gary H Blaylock
Defendant(s):
Michael David Mendonca Pro Se
Plaintiff(s):
Roy Tyra Represented By
Robert W Morris
Trustee(s):
Charles W Daff (TR) Pro Se
1:30 PM
Adv#: 6:18-01092 Pringle v. Facility Services of America, Inc.
STATUS CONFEENCE re: Complaint by John P. Pringle against Facility Services of America, Inc. (11 (Recovery of money/property - 542 turnover of property))
(Cont. from 10/17/18) EH
Docket 1
Tentative for 10/24/18:
This matter will go off calendar in light of the Court's tentative to grant the motion for default judgment (matter #13).
*************************************************************************** Tentative for 7/11/18 is to CONTINUE this matter to October 17, 2018 at 10:00 a.m. A status report is due 14 days in advance.
Appearances for the hearing on July 11, 2018 are excused.
Debtor(s):
Southern Pacific Janitorial Group, Represented By
Michael Jay Berger
Defendant(s):
Facility Services of America, Inc. Pro Se
Plaintiff(s):
John P. Pringle Represented By
Michelle A Marchisotto
1:30 PM
Trustee(s):
John P Pringle (TR) Represented By
Michelle A Marchisotto
1:30 PM
Adv#: 6:18-01092 Pringle v. Facility Services of America, Inc. et al
Hrg. on Plaintiff's Motion filed 9/18/18 for Default Judgment against Defendant Facility Services of America, Inc.
EH
Docket 31
Tentative for 10/24/18 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge (1) an order granting the motion; and (2) a proposed judgment.
Debtor(s):
Southern Pacific Janitorial Group, Represented By
Michael Jay Berger
Defendant(s):
Facility Services of America, Inc. Pro Se Corporate Creations Network, Inc. Pro Se Corporate Creations Network, Inc. Pro Se
Plaintiff(s):
John P. Pringle Represented By
Michelle A Marchisotto
1:30 PM
Trustee(s):
Toan B Chung
John P Pringle (TR) Represented By
Michelle A Marchisotto
1:30 PM
Hrg. on Debtor's Motion filed 10/19/18 for entry of an order authorizing the Debtor to pay prepetition payroll, pay prepetition independent contractors, and to honor prepetition employment procedures
EH
Docket 6
- NONE LISTED -
Debtor(s):
JRL Transportation Inc Represented By Illyssa I Fogel
1:30 PM
Hrg. on Debtor's motion filed 10/19/19 for entry of an order (1) Authorizing the maintenance of bank accounts and continued use of existing business forms and checks, (2) Authorizing the continued use of existing cash management system, and (3) Granting limited relief from the requirements of bankruptcy code section 345(b)
EH
Docket 7
- NONE LISTED -
Debtor(s):
JRL Transportation Inc Represented By Illyssa I Fogel
1:30 PM
Hrg. on Debtor's Motion filed 10/19/18 compelling turnover of property of the estate pursuant to 11 U.S.C. §542(a)
EH
Docket 5
- NONE LISTED -
Debtor(s):
JRL Transportation Inc Represented By Illyssa I Fogel
1:30 PM
Hrg. on Debtor's Motion filed 10/19/18 to Use Cash Collateral EH
Docket 4
- NONE LISTED -
Debtor(s):
JRL Transportation Inc Represented By Illyssa I Fogel
10:00 AM
Adv#: 8:17-01045 Marshack v. Farino et al
Hearing RE: Motion For Entry Of Judgment (Motion filed 9/12/18)
Docket 27
Tentative for 10/24/18 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge (1) an order granting the motion; and (2) a proposed judgment.
Debtor(s):
Richard A. Farino Represented By Joseph A Weber
Defendant(s):
Richard A. Farino Represented By Fritz J Firman
Farino Construction Services, Inc. Represented By
Fritz J Firman
Farino Engineering, Inc. Represented By Fritz J Firman
Farino Concrete Pumping, Inc. Represented By Fritz J Firman
10:00 AM
Farino Leasing, LLC Represented By Fritz J Firman
Plaintiff(s):
Richard A Marshack Represented By Donald W Sieveke
Trustee(s):
Richard A Marshack (TR) Represented By Donald W Sieveke
11:00 AM
Adv#: 8:17-01159 Marshack v. American Express Bank FSB et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Turnover And Avoidance Of Preferential Transfers And Recovery Of The Value Of Such Transfers
(Complaint filed 10/7/17)
FR: 1-24-18; 4-18-18; 8-1-18;10-17-18
Docket 1
Tentative for 10/24/18:
The Court has received and reviewed the unilateral status report filed 10/17/18 [Dk. 18], which represents that this matter has been settled and a 9019 motion is pending. Thus, this status conference is CONTINUED to December 19, 2018 at 10:00 a.m. as a holding date. A status report is due 14 days in advance if a 9019 motion has not been filed and resolved and this adversary dismissed by that time.
Appearances are excused.
**************************************************************************** Tenative for 8/1/18:
The Court has received and reviewed the unilateral status report filed 7/23/18 [Dk. 12]. This matter is CONTINUED to October 17, 2018 at 10:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
******************************************************************************** Tenative for 4/18/18:
11:00 AM
The Court has received and reviewed the unilateral status report filed 4/09/18 [Dk. 10]. This matter is CONTINUED to August 1, 2018 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
************************************************************************** Tentative for 1/24/18:
The Court has received and reviewed the unilateral status report filed in 1/14/18 [Dk. 8], which represents that the Trustee has reached a settlement with two of the three defendants and will seek entry of default and default judgment against the third. Accordingly, the status conference is CONTINUED to 4/18/18 at 10:00 a.m.
Appearances are excused.
Debtor(s):
Lilibeth Del Rosario Represented By Mark D Klein
Defendant(s):
American Express Bank FSB Pro Se
JP Morgan Chase Bank Pro Se
Credit First Pro Se
Joint Debtor(s):
Aristotle Perlas Del Rosario Represented By Mark D Klein
Plaintiff(s):
Richard A Marshack Represented By Anerio V Altman
11:00 AM
Trustee(s):
Richard A Marshack (TR) Represented By Anerio V Altman
11:00 AM
Hearing RE: Debtor's Declaration Requesting Judge Smith Recuse Herself From The Bankruptcy Case
(Set per Order Entered 9/28/18)
Docket 312
- NONE LISTED -
Debtor(s):
Lenore LuAnn Albert-Sheridan Pro Se
Trustee(s):
Jeffrey I Golden (TR) Represented By Jonathan A Michaels Eric P Israel
Aaron E de Leest
10:00 AM
Motion for relief from automatic stay [Personal Property]
FIRST Insurance Funding, A Division Of Lake Forest Bank & Trust Company, N.A. vs. DEBTOR
(Motion filed 9/27/18)
[RE: Refundable Portion Of Pre-Paid Insurance Premium Paid By Movant To Scottsdale Insurance Co. On Debtor's Behalf, As More Fully Described In The Supplemental Declaration Of Soraya Mulero]
Docket 301
NONE LISTED -
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen
10:00 AM
Motion for relief from stay [Persaonl Property]
Hyundai Lease Titling Trust vs. DEBTOR (Motion filed 9-12-18)
[RE: 2017 Hyundai Santa Fe] [VIN No.: 5NMZU3LB9HH035058]
Docket 8
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Javanshir Khazali Represented By Richard G Heston
Trustee(s):
Jeffrey I Golden (TR) Pro Se
10:00 AM
Motion for relief from stay [Unlawful Detainer]
GB, LLC vs. DEBTOR
(Motion filed 9/25/18)
[RE: 25982 Pala Drive, #110, Mission Viejo, CA 92691]
Docket 12
Grant pursuant to 11 U.S.C. §362 d)(1) with 4001(a)(3) waiver. The request for extraordinary relief (¶7) is denied as Movant has not demonstrated that such relief is warranted.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Wiebke Bultmann Represented By Michael N Nicastro
Trustee(s):
Thomas H Casey (TR) Pro Se
10:00 AM
Motion for relief from stay [Personal Property]
Fifth Third Bank vs. DEBTORS (Motion filed 9/25/18)
[RE: 2013 Honda Crosstour - VIN No.: 5J6TF3H37DL004962]
Docket 16
NONE LISTED -
Debtor(s):
Johana Sanchez Represented By Bryn C Deb
Joint Debtor(s):
Luis Perez Represented By
Bryn C Deb
Trustee(s):
Richard A Marshack (TR) Pro Se
11:00 AM
CONT'D POST-CONFIRMATION STATUS CONFERENCE Hearing RE: (1)
Case Management Conference And (2) Requiring Status Report (Petition filed 7/1/14) (Set per Order Confirming Plan Entered 9-25-15)
FR: Advanced from 8-21-14; Advanced from 8-7-14 at 11:00 a.m.; 8-7-14;
12-11-14; 1-15-15; 1-29-15; 5-7-15; 7-9-15; 9-17-15; 4-14-16; 4-28-16; 10-13-16;
4-20-17; 4-19-17: Advanced from 4-19-18; 4-5-18; 10-18-18
Docket 1
Tentative for 10/25/18:
The Court has received and reviewed the post-confirmation status report filed 10/11/18 [Dk. 774] and will CONTINUE the status conference to April 18, 2019 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
*************************************************************************** Tentative for 4/5/18:
The Court has received and reviewed the post-confirmation status report filed 3/22/18 [Dk. 769] and will CONTINUE the status conference to October 18, 2018 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
*************************************************************************** Tentative for 10/19/17:
The Court has received and reviewed the post-confirmation status report filed
11:00 AM
10/05/17 [Dk. 762] and will CONTINUE the status conference to April 19, 2018 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
*************************************************************************** Tentative for 4/20/2017:
The Court has received and reviewed the post-confirmation status report filed 4/06/17 [Dk. 753] and will CONTINUE the status conference to October 19, 2017 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
*************************************************************************** Tentative for 10/13/2016:
The Court has received and reviewed the post-confirmation status report filed 9/28/16 [Dk. 747] and will CONTINUE the status conference to April 20, 2017 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
*************************************************************************** Tentative for 4/28/2016:
The Court has received and reviewed the post-confirmation status report filed 3/31/16 [Dk. 736] and will CONTINUE the status conference to October 13, 2016 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
*************************************************************************** Tentative for 7/9/15 is to CONTINUE to 9/17/2015, at 11:00 a.m.
11:00 AM
Appearances are excused.
*************************************************************************** Tentative for 1/15/2015:
Appearances are required.
*************************************************************************** Tentative for 8/7/2014:
The Court has received and reviewed the status report filed on July 24, 2014 as well as the supplement dated August 1, 2014. The Court is inclined to set the following dates and deadlines:
Claims bar date: October 30, 2014. Notice of the bar date to be served by no later than August 30, 2014.
Deadline to file a plan and disclosure statement: December 2, 2014. Note that failure to file a plan or disclosure statement may result in sanctions including dismissal or conversion of the case to chapter 7.
Continued status conference: December 11, 2014 at 11:00 a.m. A status report is due 14 days in advance.
Debtor's counsel is to submit an order within seven (7) days. Appearances are excused.
Debtor(s):
Randall William Blanchard Represented By Marc J Winthrop
Garrick A Hollander Jacob C Gonzales
11:00 AM
Trustee(s):
Richard Pachulski (TR) Represented By Teddy M Kapur Jeremy V Richards
11:00 AM
Adv#: 8:16-01229 Ruiz et al v. Favreau
CONT'D STATUS CONFERENCE Hearing RE: Amended Complaint To The Nondischargeability Of Certain Debts Owed By Debtor Michael Edward Favreau To Christopher P. And Theresa Ruiz Pursuant To 11 U.S.C. Section 523 (Complaint filed 10/17/16) (Amended Complaint filed 2/13/17)
FR: 1-12-17; 3-16-17; 4-20-17; 6-19-17; 12-14-17; 1-11-18; 5-3-18; 10-18-18
Docket 16
Tentative for 10/25/18:
This matter is CONTINUED to April 18, 2019 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
****************************************************************************** Tentative for 5/03/18:
The Court has received and reviewed the status report filed 4/19/18 [Dk. 28] and will CONTINUE this matter to October 18, 2018 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
Michael Edward Favreau Represented By Robert P Goe
11:00 AM
Defendant(s):
Michael Edward Favreau Pro Se
Plaintiff(s):
Christopher P. Ruiz Represented By John W Lucas
Theresa-Keane Ruiz Represented By John W Lucas
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 12/1416)
FR: 2-2-17; 5-11-17; 12-14-17; 4-19-18; 5-3-18;10-18-18
Docket 1
Tentative for 10/25/18:
The Court is inclined to set the following dates/deadlines:
Deadline for filing an amended disclosure statement and plan: December 31, 2018, with a hearing on the adequacy of the amended disclosure statement to take place on February 21, 2019 at 11:00 a.m.
A continued status conference: February 21, 2019 at 11:00 a.m.
Appearances required.
*****************************************************************************
Tentative for 5/03/18 is to set a CONTINUED date of October 18, 2018 at 11:00 a.m., with a status report is due 14 days in advance.
Appearances required.
*************************************************************************** Tentative for 12/14/17:
The Court has received and reviewed the Status Report filed by Debtor on 11/30/17 [Dk. 140] and by Creditor Axis CP I, LLC on 11/30/17 [Dk. 141] and will CONTINUE this matter to April 19, 2018 at 11:00 a.m. A status report is due 14
11:00 AM
days in advance.
Appearances for the 12/14/17 hearing are excused.
************************************************************************** Tentative for 5/11/17:
The Court will CONTINUE the status conference to coincide with the continued hearing on the Disclosure Statement, presently proposed to be July 13, 2017 at 11:00 a.m.
**************************************************************************** Tentative for 2/2/17 is to set the following dates/deadlines:
March 30, 2017 - deadline to file plan and disclosure statement (as requested by Debtors in their 1/23/17 Status Report [Dk. 32]). The failure to timely file a plan and/or disclosure statement may result in the dismissal or conversion of the case.
The Court notes that a bar date of March 20, 2017 has already been established. June 30, 2017 will be the deadline to object to claims.
A continued status conference will be held on May 11, 2017 at 11:00 a.m. A status report is due 14 days in advance.
Debtor(s):
Charles Flowers Harrison Represented By Michael Jones
Joint Debtor(s):
Martha Isabel Montoya Represented By Michael Jones
11:00 AM
Adv#: 8:17-01013 Axis CP I, LLC v. Montoya
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt [11 U.S.C. Section 523(a)(2)] And Counterclaim and Third-Party Complaint
(Complaint filed 1/26/17) (Another Summons Issued 3/3/17) (Third Party Complaint filed 4/28/17)
FR: 4-20-17; 6-14-17; 12-14-17; 4-19-18; 5-3-18; 10-18-18
Docket 1
NONE LISTED -
Debtor(s):
Charles Flowers Harrison Represented By Michael Jones
Defendant(s):
Martha Isabel Montoya Pro Se
Joint Debtor(s):
Martha Isabel Montoya Represented By Michael Jones
Plaintiff(s):
Axis CP I, LLC Represented By Michael A Wallin
11:00 AM
Adv#: 8:17-01046 Sun Coast Farms LLC v. Harrison et al
CONT'D STATUS CONFERENCE Hearing RE: Adversary Complaint To Determine Dischargeability Of Debt Pursuant To 11 U.S.C. Section 523(a)(4) And 11 U.S.C. Section 523(a)(2) And Third Party Complaint
(Complaint filed 3/24/17)
(Third Party Complaint filed 5/9/17)
FR: 6-14-17; 12-14-17; 4-19-18; 5-3-18; 10-18-18
Docket 1
Tentative for 10/25/18:
This matter is no longer stayed. The Court is inclined to set the following dates/deadlines.
Plaintiff may file a response to Defendants' Counterclaim: November 15, 2018.
Discovery cutoff: March 31, 2019. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: April 30, 2019. Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial: June 6, 2019 at 11:00 a.m.
The parties are advised to precisely follow all applicable local and federal rules. The failure to do so may result in the imposition of monetary or non-monetary sanctions to the offending party, including the striking of the answer or dismissal
11:00 AM
of the complaint.
Plaintiff is to lodge a scheduling order within seven (7) days. Appearances required.
****************************************************************************** Tentative for 5/03/18 is to set a CONTINUED date of October 18, 2018 at 11:00 a.m., with a status report is due 14 days in advance.
Appearances required.
******************************************************************************* Tentative for 12/14/17 is to CONTINUE this matter to April 19, 2018 at 11:00
a.m. A status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
Charles Flowers Harrison Represented By Michael Jones Sara Tidd
Defendant(s):
Charles Flowers Harrison Pro Se
Martha Isabel Montoya Pro Se
Joint Debtor(s):
Martha Isabel Montoya Represented By Michael Jones Sara Tidd
Plaintiff(s):
Sun Coast Farms LLC Represented By Bart M Botta
11:00 AM
Hearing RE: First Interim Application For Allowance And Payment Of Fees And Reimbursement Of Expenses For The Period From October 12, 2017 Through September 26, 2018
(Application filed 9/27/18)
[RE: WEILAND GOLDEN GOODRICH LLP - Counsel For The Chapter 11 Trustee]
[Fee: $34,050.00; Expenses: $790.35]
Docket 176
Tentative for 10/25/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Cecilio Romero Murrietta Represented By Andrew S Bisom
Joint Debtor(s):
Irma Bonilla Murrietta Represented By Andrew S Bisom
Trustee(s):
David M Goodrich (TR) Represented By Jeffrey I Golden
11:00 AM
Beth Gaschen Ryan W Beall
11:00 AM
CONT'D Hearing RE: Confirmation Of Debtor's Amended Chapter 11 Plan Of Reorganization (May 18, 2018)
(Set at D.S. hearing held 8-2-18) (D.S. Approved 8/2/18)
FR: 10-18-18
Docket 202
Tentative for 10/25/18 is to APPROVE confirmation and set a post-confirmation status conference date of April 18, 2019 at 11:00 a.m.
Debtor(s):
Chrestotes, Inc Represented By David A Tilem
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 7/1/17)
FR: 8-17-17; 1-11-18; 3-8-18; 4-5-18; 5-31-18; 7-12-18; 8-2-18; 10-18-18
Docket 1
Tentative for 10/25/18:
Set a post-confirmation status conference date of April 18, 2019 at 11:00 a.m. with a status report due 14 days in advance.
****************************************************************************** Tentative for 5/31/18:
This matter is CONTINUED to July 12, 2018 at 11:00 a.m. to coincide with the hearing on Debtors' Amended Chapter 11 Disclosure Statement. An updated status report is due 14 days in advance.
Appearances excused.
***************************************************************************** Tentative for 4/5/18:
None listed.
************************************************************************************ Tentative for 3/8/18:
This matter is CONTINUED to April 5, 2018 at 11:00 a.m. to coincide with the hearing on Debtors' Amended Chapter 11 Disclosure Statement. An updated
11:00 AM
status report is due 14 days in advance. Appearances excused.
***************************************************************************** Tentative for 1/11/18:
The Court has received and reviewed the Status Report filed on 12/28/18 [Dk. 130]. The Status Conference is CONTINUED to March 8, 2018, at 11:00 a.m.
Appearances are excused.
******************************************************************************** Tentative for 8/17/17:
The Court has received and reviewed the status report and amended Exhibit A to the status report. The Court is inclined to set the following dates:
The bar date for filing of claims is set for October 20, 2017;
Debtor shall serve Notice of Bar Date to all creditors and parties in interest no later than August 21, 2017;
The deadline to file objections to claims shall be November 30, 2017;
The deadline for the Debtor to file avoidance actions shall be November 30, 2017;
A Disclosure Statement and Plan must be filed on or before December 29, 2017;
A Continued Status Conference shall be held on January 11, 2018, at 11:00 a.m.
Appearances required.
Debtor(s):
Chrestotes, Inc Represented By David A Tilem
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 1/23/18)
FR: 4-5-18; 9-13-18; 9-20-18
Docket 1
Tentative for 10/25/18:
This matter will go off calendar in light of the Court's tentative to grant Debtor's motion to dismiss.
No appearance required.
****************************************************************************** Tentative for 9/20/18 is to issue an Order to Show Cause re: conversion ("OSC"), to be heard on October 25, 2018 at 11:00 a.m., for the following reasons:
Debtor failed to file a status report 14 days in advance, as required by the Order entered 4/11/18 [Dk. 32].
Debtor failed to file a plan and disclosure statement by July 31, 2018 as required by the Order entered 4/11/18 [Dk. 32].
Any responses to the OSC must be filed by no later than October 11, 2018. Any Replies may be filed by no later than October 4, 2018.
Appearances required.
*****************************************************************************
11:00 AM
Tentative for 4/05/18 is to set the following dates/deadlines:
Deadline to file a plan and disclosure statement: July 31, 2018. The failure to timely file a plan and disclosure statement may result in the dismissal or conversion of the case.
Deadline to file proof of claims: June 15, 2018, with service of the notice by no later than April 15, 2018.
Deadline to object to proof of claims: August 15, 2018
Continued status conference hearing: August 23, 2018 at 11:00 a.m. A status report is due 14 days in advance.
Debtor(s):
James M Mullion Represented By Jeffrey B Smith
11:00 AM
Hearing RE: Order For Debtor To Appear And To Show Cause Why The Case Should Not Be Converted Or Dismissed
(Set per Order Entered 9-20-18)
Docket 0
Tentative for 10/25/18:
This matter will go off calendar in light of the Court's tentative to grant Debtor's motion to dismiss.
No appearance required.
Debtor(s):
James M Mullion Represented By Jeffrey B Smith
11:00 AM
Hearing RE: Motion To Dismiss Chapter 11 Pursuant To 11 U.S.C. Section 1112(b), LBR 1017-2(e)
(Motion filed 9/13/18)
Docket 43
NONE LISTED -
Debtor(s):
James M Mullion Represented By Jeffrey B Smith
11:00 AM
Hearing RE: Amended Motion To Dismiss Chapter 11 Case Pursuant To 11 U.S.C. Section 1112(b), LBR 1017-2(e)
(Amended Motion filed 10/4/18)
(Motion filed 9/13/18 Withdrawn on 10/4/18)
Docket 50
Tentative for 10/25/18 is to GRANT, conditioned upon Debtor's payment of the unsecured creditors' claims, as represented in the underlying motion and the motion to seal. Concurrently with the uploading of the order granting this motion, Debtor is to file a declaration establishing payment.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
James M Mullion Represented By Jeffrey B Smith
11:00 AM
Hearing RE: Motion For Protective Order To Seal From The Public Record Docket No. 43 Pursuant To 11 U.S.C. Section 107(b)(1); Or In The Alternative To Restrict Non-Party Electronic Access To Docket No. 43 Pursuant To FRBP, Rule 9037(d) (Motion filed 10/4/18) (Motion Refiled 10/11/18)
Docket 55
Tentative for 10/25/18 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
James M Mullion Represented By Jeffrey B Smith
11:00 AM
Motion for relief from stay [Unlawful Detainer]
Olen Commercial Realty Corp. vs. DEBTOR (Motion filed 9/18/18)
[RE: 927 Calle Negocio Suites J&K San Clemente, CA 92673]
Docket 79
NONE LISTED -
Debtor(s):
Dana Electric, Inc. Represented By Michael Jones Sara Tidd
11:00 AM
Hearing RE: Motion For An Order (I) Authorizing Payment Of Prepetition Employee Obligations, Incluing Wages, Compensation, Benefits, Expense Reimbursements, And Related Obligations, (II) Confirming Rights To Continue Employee Programs Postpetition, (III) Confirming Right To Pay Witholding And Payroll-Related Taxes,
Allowing Banks To Honor Prepetition Checks For Payment Of Prepetition Employee Obligations Pursuant To 11 U.S.C. Section 105(a), 507(a), 1107(a), And 1108 And Federal Rule Of Bankruptcy Procedure 6003
(Motion filed 8/27/18) (Ntc. of hearing filed 9/13/18)
Docket 27
- NONE LISTED -
Debtor(s):
Dana Electric, Inc. Represented By Michael Jones Sara Tidd
10:00 AM
Edward G. Schloss Law Corporation, movant attorney Motion for Relief from Stay
Bayview Loan Servicing, LLC vs. Debtors (Motion filed 10/16/18)
RE: 1106 Oasis Court, San Jacinto, CA 92583
Docket 35
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Omar Green Lara Represented By Marlin Branstetter
Joint Debtor(s):
Rosa Isela Green Represented By Marlin Branstetter
Movant(s):
BAYVIEW LOAN SERVICING, Represented By
Edward G Schloss
10:00 AM
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
Allen Law Office, Inc. - movant attorney Motion for Relief from Stay
Financial Services Vehicle Trust vs. DEBTOR (Motion filed 9/27/18)
Re: 2016 BMW i8 Series Coupe 2D AWD i3 Turbo EH
Docket 27
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Hao Wang Represented By
Sam X J Wu
Movant(s):
Financial Services Vehicle Trust Represented By
Cheryl A Skigin
10:00 AM
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
Kim Carter - movant attorney Motion for Relief from Stay
Richard Van Leeuwen vs. DEBTOR (Motion filed 8/6/18)
(Cont. from 9/18/18)
Re: 1870 Jeffrey Road, El Centro, CA 92443 EH
Docket 18
Tentative for 11/06/18:
At the hearing held on September 18, 2018, the Court continued the hearing and expressly directed counsel to re-serve the entire motion and any other relevant pleadings on the Chapter 7 Trustee, the U.S. Trustee, Counsel for the Debtor, and the Debtor, in the manner required under FRBP 7004. See LBR 4001-1, FRBP 4001, 9014, and 7004.
A notice of continued hearing with a proof of service was filed on October 30, 2018 [Dk. 39] indicating that all of the pleadings were served on October 5, 2018 by overnight mail to the Debtor, Debtor's counsel and the Chapter 7 Trustee. The Court notes that while the U.S. Trustee is not listed on the proof of service, they have received NEF notice of all pleadings filed in this case, and in this instance will waive the defect of omitting the U.S. Trustee from the Proof of Service.
Proper service appearing to have been effected, the Court will GRANT pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver. The
10:00 AM
request for extraordinary relief and for relief under § 362(d)(4) is DENIED as Movant has not established such relief is warranted. The Motion lacks sufficient detail, explanation, and corroborating evidence to allow this Court to find that Debtor acted in bad faith.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
************************************************************************* Tentative for 9/18/18 is to DENY:
This Matter was continued by an Order entered 8/21/18 [Dk. 28] granting the Movant's Motion to Continue, filed on 8/17/18 [Dk. 25], which sought a continuance to allow Movant to correct service defects. Movant has not filed anything further, and thus it is impossible for the Court to ascertain whether the service defects have been cured and service of the Motion has been properly made on Debtor as required by LBR 4001-1(c).
Appearances required.
Debtor(s):
MBC USA Inc Represented By George J Paukert
Movant(s):
Richard Van Leeuwen Represented By Kim Carter
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Wells Fargo Bank, N.A. vs. DEBTORS (Motion filed 10/3/18)
RE: 2011 Chrysler Town & Country, VIN; 2A4RR5DG2BR638108 EH
Docket 17
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Charles H. West Represented By Patricia M Ashcraft
Joint Debtor(s):
Tammie A. West Represented By Patricia M Ashcraft
10:00 AM
Movant(s):
Wells Fargo Bank, N.A. d/b/a Wells Represented By
Jennifer H Wang
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
McCarthy & Holthus, LLP - movant attorney Motion for Relief from Stay
Wells Fargo Bank vs. DEBTOR (Motion filed 9/28/18)
Re: 29605 Rawlings Way, Lake Elsinore, CA 92530 EH
Docket 13
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver and deny pursuant to 11 U.S.C. §362(d)(2) as equity exists.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Michael Anthony Fractious Represented By Nicholas M Wajda
Joint Debtor(s):
Jeannie Valette Fractious Represented By Nicholas M Wajda
10:00 AM
Movant(s):
Wells Fargo Bank, N.A. Represented By Nancy L Lee
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Law Offices of Austin P. Nagel - movant attorney Motion for Relief from Stay
Toyota Motor Credit Corporation vs. DEBTOR (Motion filed 8/31/18)
(Cont. from 10/2/18) Re: 2013 Toyota Prius EH
Docket 21
Tentative for 11/06/18 is to DENY.
This matter was continued at the request of Movant who appeared at the last hearing and advised the Court that Debtor wished to reaffirm the debt. The Court continued the matter, but cautioned Movant that if the matter went forward, the 30% equity cushion was problematic for Movant's position. As of the posting of this tentative, neither a reaffirmation agreement nor anything further related to this Motion has been filed.
Appearances required.
**************************************************************************** Tentative for 10/02/18 is to DENY:
Movant's papers indicate there is an equity cushion of approximately 30%. Equity of 20% or more constitutes adequate protection. See, In re Mellor (9th Cir. 1984) 734 F2d 1396, 1401.
Appearances required.
10:00 AM
Debtor(s):
Homayoon K. Javadi Represented By Robert J Spitz
Movant(s):
Toyota Motor Credit Corporation Represented By
Austin P Nagel
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
L/O of Vincent V. Frounjian - movant attorney Motion for relief from stay
American Honda Finance Corporation vs Debtor (Motion filed 9/28/18)
RE: 2016 HONDA CIVIC, VIN: 2HGF C2F7 3GH5 40709
EH
Docket 9
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Monique Deserie Sanchez Represented By Stephen D Brittain
Movant(s):
AMERICAN HONDA FINANCE Represented By
Vincent V Frounjian
10:00 AM
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
McCarthy & Holthus, LLP - movant attorney Motion for Relief from Stay
James B. Nutter & Company (Motion filed 9/19/18)
Re: 29290 Pebble Beach Drive, Sun City, CA 92586 EH
Docket 11
- NONE LISTED -
Debtor(s):
Steven Fuller Pro Se
Movant(s):
James B. Nutter & Company Represented By Nancy L Lee
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
Law Offices of Vincent V. Frounjian - movant attorney Motion for relief from stay
American Honda Finance Corporation vs Debtor (Motion filed 10/9/18)
RE: 2017 HONDA ACCORD, VIN: 1HGC R3F9 4HA0 27106
EH
Docket 12
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Armando Gutierrez-Navarro Represented By
Juan Castillo-Onofre
Movant(s):
AMERICAN HONDA FINANCE Represented By
Vincent V Frounjian
10:00 AM
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Americredit Financial Services, Inc. vs. DEBTOR, Arturo Cisneros, trustee (Motion filed 10/11/18)
Re: 2015 Chevrolet Trax, VIN KL7CJRSB8FB220087
EH
Docket 7
Tentative for 11/06/18 is to DENY:
Service is improper. The movant did not serve US Bank, which is the entity scheduled by Debtor as the lienholder. LBR 4001-1(c)(1)(C) requires service of a motion for relief from stay on the holder of a lien or encumbrance against the subject property that is known to the movant, scheduled by the debtor, or appears in the public record and any other party entitled to receive notice under FRBP 4001.
Appearances required.
Debtor(s):
Robert Holguin Pro Se
Movant(s):
Americredit Financial Services, Inc., Represented By
10:00 AM
Trustee(s):
Jennifer H Wang Mandy D Youngblood
Arturo Cisneros (TR) Pro Se
10:00 AM
Barry Lee O'Connor Esq. - movant attorney Motion for Relief from Stay
Meiya Chen vs. DEBTOR (Motion filed 10/12/18)
Re: 13886 Glover Ct Corona, CA 92880 EH
Docket 14
- NONE LISTED -
Debtor(s):
Calvin Bernard Gray Pro Se
Movant(s):
Meiya Chen Represented By
Barry L O'Connor
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
Malcolm Cisneros, A Law Corporation - movant attorney Motion for Relief from Stay
Lakeview Loan Servicing, LLC vs. DEBTOR, Robert Whitmore, trustee (Motion filed 10/15/18)
Re: 83470 La Costa Avenue, Coachella, CA 92236 EH
Docket 9
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Emilia Ibarra Represented By
Nathan Fransen
Movant(s):
Lakeview Loan Servicing, LLC Represented By Christina J O
10:00 AM
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Law Offices of Vincent V. Frounjian - movant attorney Motion for relief from stay
American Honda Finance Corporation vs Debtor (Motion filed 10/12/18)
RE: 2014 HONDA ACCORD, VIN: 1HGC R2F3 2EA2 13292
EH
Docket 8
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Michelle A Arroyo Represented By Paul Y Lee
Movant(s):
AMERICAN HONDA FINANCE Represented By
10:00 AM
Trustee(s):
Vincent V Frounjian
Larry D Simons (TR) Pro Se
10:00 AM
Law Offices of Vincent V. Frounjian - movant attorney Motion for relief from stay
Honda Lease Trust vs Debtor (Motion filed 10/10/18)
RE: 2017 HONDA CIVIC, VIN: 2HGF C2F5 3HH5 19178
EH
Docket 9
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Marcela Alonso Plascencia Represented By Paul Y Lee
Movant(s):
HONDA LEASE TRUST Represented By Vincent V Frounjian
10:00 AM
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
H.G. Long & Associates - movant attorney Motion for Relief from Stay
Johnny Le vs. DEBTORS (Motion filed 10/19/18)
Re: 524 Cedarbrook Lane, Corona, CA 92870 EH
Docket 15
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver.
The request that the relief be binding in any case commenced by or against the Debtor for a period of 180 days is denied. Other than the fact of Debtor's prior filings, ranging from 2002 through 2018, Movant has not submitted any evidence from which this Court can find that such relief is warranted. The most recent prior filing, Case No.18-17957, was filed on 9/20/18 and dismissed the same day for failing to pay the filing fee. Debtor filed the present case approximately a week later on 9/26/18 The case before that was filed in January 2016. Movant did not submit any evidence that Debtor has used bankruptcy as part of a scheme, or to delay Movant, or in any other way evidencing bad faith.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
10:00 AM
Debtor(s):
Daniel Jesus Spear Tudares Pro Se
Joint Debtor(s):
Mariela Rosse Briceno Jackson Pro Se
Movant(s):
Johnny Le Represented By
Helen G Long
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
Kimball, Tirey & St. John LLP - movant attorney Motion for Relief from Stay
Day Street Owner LLC vs. DEBTORS (Motion filed 10/15/18)
Re: 13232 Day St., #J-105, Moreno Valley, CA 92553 EH
Docket 8
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Devin David Beatty Represented By Zulu Ali
Joint Debtor(s):
Gisele Beatty Represented By
Zulu Ali
10:00 AM
Movant(s):
DAY STREET OWNER LLC Represented By Scott Andrews
Trustee(s):
Larry D Simons (TR) Pro Se
11:00 AM
Hrg. on chapter 7 trustee's Motion filed 9/17/18 to Allow Claim 2 of County of San Bernardino Tax Collector as Fully Secured, Not Entitled to Dividend
EH
Docket 41
Tentative is to DENY without prejudice.
Service is improper. The Movant did not serve the San Bernardino Tax Collector to the attention of the "clerk, secretary, president, presiding officer, or other head of its governing body." See Cal. Code of Civil Procedure § 416.50.
Where the address listed in the proof of claim form does not comply strictly with Rule 7004, this court requires claim objections to be served to both the address on the proof of claim and the address required for service under Rule 7004. See Judge Clarkson’s Instructions and Procedures posted on the court website. FRBP 7004(b)(6) provides that service "[u]pon a state or municipal corporation or other governmental organization" must be made in accordance with the applicable state law. California Code of Civil Procedure § 416.50 requires that a public entity must be served with process to the attention of the "clerk, secretary, president, presiding officer, or other head of its governing body."
The objection to claim does not serve the tax collector (just served the office of tax collector) in the manner prescribed by California state law, and therefore service is improper.
In addition, the Court has one substantive concern regarding this Motion. Trustee represents that the claim is fully secured. However, the filed proof of claim indicates the claim is only partially seured ($1,774.35 out of the total
$3,179.12) and the unsecured portion is entitled to priority. The exhibits to the
11:00 AM
proof of claim are internally inconsistent as to what, if any, portion of the claim is secured, unsecured, and/or subject to priority. Any renewed motion should explain in detail Trustee's reasoning for treating the claim as fully secured.
Appearances required.
Debtor(s):
Nathan Bert Gladney Represented By Julie Philippi Todd L Turoci
Joint Debtor(s):
Doreen Ann Gladney Represented By Julie Philippi Todd L Turoci
Trustee(s):
John P Pringle (TR) Represented By Leonard M Shulman Brandon J Iskander
11:00 AM
Hrg on Trustee's Final Report and Applications for Compensation EH
Docket 141
Tentative for 11/06/18 is to APPROVE as requested, except as noted below.
The Court has reviewed the Trustee's Final Report and all related papers filed in connection therewith, including the Objection to Arent Fox's fees filed by Ms. Chapman on 10/17/18 [Dk. 146] and the Reply filed by Arent Fox on 10/30/18 [Dk. 146].
The Court finds the Reply persuasive and overrules the Objection, except that an additional $2,353 in fees by Arent Fox related to its employment application that were not already listed as "no-charge" are disallowed. The "preparation of an application for employment of a professional is a duty generally performed by a trustee without the assistance of an attorney". See In re Garcia, 335 B.R. 717, 725 (B.A.P. 9th Cir. 2005) (affirming the bankruptcy court's denial of fees related to trustee's counsel's employment application in Chapter 7 case where counsel was retained to negotiate an equity buy back and sell property of the estate). The Firm has not demonstrated that its employment application was not routine, and thus a trustee duty. See id.
With respect to the remainder of Ms. Chapman's Objection, Arent Fox obtained an extension of time to file its final fee application and Ms. Chapman has provided no evidence that she was prejudiced by the delay. Moreover, the Court, in its position as having reviewed thousands of fee applications, finds the rates charged by Arent Fox as comparable to those charged by others in this field in this area. Finally, the Court finds that the remainder of Arent Fox's fees benefitted the Estate and were reasonable and necessary at the time they were incurred.
11:00 AM
Appearances are required by Trustee, Arent Fox, and Ms. Chapman. The remaining fee applications appear to be uncontested, and thus appearances by the remaining applicants are excused.
Debtor(s):
James Dewey Wallace III Pro Se
Joint Debtor(s):
Kyeong Hae Wallace Pro Se
Trustee(s):
Larry D Simons (TR) Represented By
Larry D Simons (TR) Aram Ordubegian Andy Kong
Donald Segretti
11:00 AM
Hrg. on trustee's final report; applications for compensation EH
Docket 0
Tentative for 11/06/18 is to APPROVE as requested.
The Court has received and reviewed the untimely and unsigned opposition filed by Debtor, pro se, on November 2, 2018 [Dk. 100] in which Debtor (1) objects that $11,000 of the funds collected by the Trustee were not property of the Estate; and (2) objects to the legal fees of Levene, Neal, Bender, Yoo & Brill, LLP and requests that they be reviewed and reduced as she did not agree to the amount, nor did she receive any benefit therefrom.
With respect to Debtor's concern regarding property of the Estate, this issue was the subject of a compromise motion, approved by the Court on February 9, 2018 [Dk. 83]. Debtor was represented by counsel and did not object to the compromise motion or appeal the February 9, 2018 order approving the compromise.
With respect to Debtor's concern regarding Levene, Neal, Bender, Yoo & Brill, LLPs fees, counsel for the Chapter 7 Trustee (and not Debtor) the Court has an independent duty to examine the reasonableness of the fees and expenses requested by retained professionals, did so in this instance, and found the firm's fees and expenses reasonable. In re Auto Parts, Inc., 211 B.R. 29, 33 (9th Cir. B.A.P. 1997).
Appearances required.
Debtor(s):
Valencia Jones Represented By
11:00 AM
Trustee(s):
David Lozano
Arturo Cisneros (TR) Represented By Todd A Frealy Carmela Pagay
11:00 AM
Hrg. on attorney for chapter 7 trustee's Motion filed 8/1/18 (1) Authorizing Sale of Real Property Free and Clear of Liens and Encumbrances; (2) Approving Overbid Procedures; (3) Authorizing Payments of Undisputed Liens, Costs of Sale, Property Taxes, and Homestead Exemption; (4) Finding that Real Property is Community Property and Authorizing Trustee to Include in Sale Order that Real Property is Community Property and That Trustee Is Authorized to Sell Entire Real Property; and (5) Finding That Purchaser Is Good Faith Purchaser under 11 U.S.C. § 363(m)
(Cont. from 9/18/18) EH
Docket 39
- NONE LISTED -
Debtor(s):
Larry Kates Represented By
Richard Lynn Barrett Robert A Hessling
Trustee(s):
Karl T Anderson (TR) Represented By Robert A Hessling
11:00 AM
Hrg. Motion filed 9/14/18 to Approve Compromise Under Rule 9019 (Placed on calendar by order signed 10/11/18)
Docket 39
- NONE LISTED -
Debtor(s):
Stacey L. Alvarez Represented By Keith Q Nguyen
Trustee(s):
Steven M Speier (TR) Represented By Arturo M Cisneros Christina J O
11:00 AM
Hrg. on chapter 7 trustee's Motion filed 10/3/18 to Approve Compromise (1) Under Rule 9019 Compromise of State Court Lawsuit (Los Angeles Superior Court Case No. BC633776); and (2) Authorizing Payment of Compensation to Special Counsel and Payment to the Debtors Pursuant to Exemption Claim Settlement Agreement; Memorandum of Points and Authorities and Declarations of Lynda T. Bui and Justin G. Schmidt in Support
EH
Docket 47
Tentative for 11/06/18 is to APPROVE.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Chad M Cedotal Represented By Thomas Shanner Arnold H. Wuhrman
Joint Debtor(s):
Gina M Rico Represented By
Thomas Shanner Arnold H. Wuhrman
11:00 AM
Trustee(s):
Lynda T. Bui (TR) Pro Se
11:00 AM
Hrg. on Trustee's Final Report; Applications for Compensation EH
Docket 50
Tentative for 11/06/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Kristine Deleon Represented By Patricia M Ashcraft
Trustee(s):
Howard B Grobstein (TR) Pro Se
11:00 AM
Hrg on Chapter 7 Trustee's Motion to Substantively Consolidate Moises & Martha Alvarez, Floortastic Incorporated and Inland Empire Flooring into the bankruptcy estate of Professional Flooring Installation, Inc
(Cont from 10/2/18) EH
Docket 34
- NONE LISTED -
Debtor(s):
Professional Flooring Installation Represented By
Todd L Turoci
Trustee(s):
Todd A. Frealy (TR) Represented By Leonard M Shulman Brandon J Iskander
11:00 AM
Hrg. on Trustee's Final Report; applications for compensation (Cont. from 10/16/18)
EH
Docket 0
Tentative for 11/06/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Melissa L Molina Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
11:00 AM
Contempt Hrg. on Motion Of United States Trustee For An Order To Show Cause Why J. Scott Bennett Should Not Be Held In Contempt Of Court Pursuant To 11 U.S.C. § 105 And Federal Rule Of Bankruptcy Procedure 9020
EH
Docket 23
Tentative for 11/6/18:
On August 21, 2018, this Court heard and granted the U. S. Trustee's motion for the issuance of an order to show cause re: contempt by Mr. J. Scott Bennet for failure to comply with a court order. Mr. Green appeared on behalf of the U.S. Trustee. At that hearing, the Court directed Mr Green to lodge an order granting the U.S. Trustee's motion and setting an OSC for hearing for on November 6, 2018. Contrary to the Court's instructions, no order was lodged until October 29, 2018 (and only after inquiry by the Court's staff to Mr. Green). As of the the posting of this tentative, Movant has not requested a continuance of the November 6th hearing, explained the delay, or confirmed that Mr. Bennett has not since complied with the underlying court order.
The proposed OSC was not entered as it was untimely, the Court could not confirm it was still warranted, and entry seven days prior to the scheduled hearing would not have allowed sufficient time for Movant to serve the OSC as required under LBR 9020-1 or for Mr. Bennett to adequately prepare a response to the contempt charge.
Thus, there is no operative OSC, and the Court cannot by due process find Mr. Bennett in contempt. The U.S. Trustee is to appear and advise the Court how it would like to proceed and why the Court should not dismiss this matter for failure to timely prosecute.
Appearances required.
11:00 AM
**************************************************************************** Tentative for 8/21/18:
The Court notes that no opposition to the OSC has been filed, and is inclined to issue the requested OSC re contempt. However, the Court would like a report from the UST regarding whether the required payment was actually made to the Debtor, or in the alternative, what, if any, efforts were made to contact the Debtor or Mr. Bennett prior to filing the Motion.
Appearances required.
Debtor(s):
Holly Mae Schlendering Represented By
J Scott Bennett
Trustee(s):
Lynda T. Bui (TR) Pro Se
11:00 AM
Hrg. on Chapter 7 Trustee's Motion filed 10/15/18 for Order: (1) Approving the Sale of Real Property of the Estate Pursuant to Bankruptcy Code Section 363(b) Subject to Overbids and Request for Approval of the Bidding Procedures Utilized; (2) Approving Payment of Real Estate Commission; and (3) Granting Related Relief
EH
Docket 58
Tentative for 11/06/18 is to GRANT the motion. With respect to the request for a good faith finding, the Trustee should be prepared to direct the Court's attention to the evidence supporting that finding.
Appearances required.
Debtor(s):
Rozann Sunderland Represented By Yolanda Flores-Burt
Trustee(s):
Karl T Anderson (TR) Represented By Lynda T Bui
11:00 AM
Hrg. on Trustee's Final Report; Applications for Compensation EH
Docket 43
Tentative for 11/06/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Phuong Duy Hua Represented By Arlene M Tokarz
Trustee(s):
Steven M Speier (TR) Pro Se
11:00 AM
Hrg. on Trustee's Final Report; Applications for Compensation EH
Docket 0
Tentative for 11/06/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Matthew Peter Hansen Represented By Edward G Topolski
Joint Debtor(s):
Jessica Ellen Hansen Represented By Edward G Topolski
Trustee(s):
Steven M Speier (TR) Pro Se
11:00 AM
Hrg. on chapter 7 trustee's motion objecting to Debtor's Exemption Claim under 11 U.S.C. §522
EH
Docket 37
Tentative for 11/06/18 is to GRANT.
Debtor listed an exemption in 7915 S San Pedro in the amount of $75,000 under 11 U.S.C. "§ 522(B)(2)" [sic]. However, California law does not allow for use of the federal exemptions and § 522(b)(2) does not provide for any homestead exemption. This alone is a basis for sustaining the Trustee’s Objection and disallowing Debtor’s claimed exemption.
Accordingly, the objection to Debtor's asserted exemption of $75,000 under 11 U.S.C. § 522(B)(2) is SUSTAINED. To the extent that the Trustee has requested a separate finding that Debtor is not entitled to claim a homestead exemption in the San Pedro Property as a matter of law, this request is DENIED as declaratory relief is not appropriately before the Court at this time.
This order does not prevent Debtor from amending his schedules to claim an appropriate exemption under California law.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
11:00 AM
Debtor(s):
Juan Esparza Pro Se
Trustee(s):
Howard B Grobstein (TR) Represented By Noreen A Madoyan
11:00 AM
Hrg on United States Trustee's Motion filed 10/12/18 For An Order Disgorging Fees, Assessing Damages, And Imposing Fines Against Bankruptcy Petition Preparers Lorena Morones And Alpha Empire Legal Services
EH
Docket 12
- NONE LISTED -
Debtor(s):
Gregory Daniel Garcia Pro Se
Joint Debtor(s):
Nancy Luisa Garcia Pro Se
Trustee(s):
Lynda T. Bui (TR) Pro Se
1:30 PM
Motion for relief from the automatic stay with supporting declarations ACTION IN NONBANKRUPTCY FORUM RE: Gustavo Arzola et al vs City of San Bernardino et al. United States District Court Docket number CV15-02370 PA Filed by GUSTAVO ARZOLA
Mtn/ntc fld 6-27-16 - Anyiam Law Firm & L/O Akudinobi & Ikonte
(Cont. from 10/16/18 per order entered 9/4/18)
Docket 1862
- NONE LISTED -
Debtor(s):
City of San Bernardino, California Represented By
Paul R. Glassman Fred Neufeld Laura L Buchanan
Movant(s):
Gustavo Arzola Represented By Christian U Anyiam
1:30 PM
Hrg. on Chapter 11 Status Conference (Cont. from 10/2/18)
Docket 0
- NONE LISTED -
Debtor(s):
Bernadette Chapman Represented By Todd L Turoci
1:30 PM
PRE-TRIAL CONFERENCE re: Motion to Disallow Proof of Claim No 4 filed by Internal Revenue Service
From: 6/27/18 (Prior MJ case); 7/31/18; 10/2/18
Docket 99
- NONE LISTED -
Debtor(s):
James Roy Coleman Represented By Todd L Turoci Todd L Turoci Julie Philippi
Joint Debtor(s):
Andrea Alexandra Coleman Represented By Todd L Turoci Todd L Turoci Julie Philippi
Movant(s):
James Roy Coleman Represented By Todd L Turoci Todd L Turoci Julie Philippi
Andrea Alexandra Coleman Represented By Todd L Turoci Todd L Turoci Julie Philippi
1:30 PM
1:30 PM
Hrg. on Chapter 11 Status Conference (Cont. from 10/9/18)
EH
Docket 1
- NONE LISTED -
Debtor(s):
Foster Enterprises, a California Represented By Dean G Rallis Jr
1:30 PM
Hrg. on Adequacy of the Amended Disclosure Statement (Cont. from 10/9/18)
EH
Docket 1
- NONE LISTED -
Debtor(s):
Foster Enterprises, a California Represented By Dean G Rallis Jr
1:30 PM
Hrg re Debtor's Motion for order (1) authorizing sale of real property [775 South Acacia Ave., Rial.to, CA] free and clear of liens, claims, and encumbrances; (2) determining that buyer is a good faith purchaser; and (3) waiving the fourteen
day stay prescribed by Rule 6004(h) of the Federal Rules of Bankruptcy Procedures
EH
Docket 356
Tentative for 11/06/18 is to DENY:
Notice is Improper:
The Notice of Motion filed 10/16/18 [Dk. 357] does not comply with LBR 6004-1(c)(3), which requires the name and address of the proposed buyer, a description of the property to be sold, the terms and conditions of the proposed sale, etc.
Debtor did not file a Notice of Estate Sale as required by LBR 6004-1(f).
Evidence of marketing efforts undertaken is unclear. The declaration of the broker offered in support provides at ¶2: "our office undertook an extensive and comprehensive analysis of the Property in order to gauge its fair market value. After marketing the Property, the Debtor selected Asian Pacific as the stalking-horse buyer. MGR marketed the Property, but obtained no bids on the Property other than the one presented by Asian Pacific." No further information is provided regarding the actual marketing efforts undertaken; i.e., was it listed on the MLS? Were any open houses held?
While Debtor asserts that the sale will benefit the estate, Debtor does not provide any information on the amount of the IRS liens.
Debtor acknowledges that the IRS has not consented to the sale.
Debtor has not satisfied § 363(f). Debtor argues that the sale should be granted free and clear of all liens because “a sale free and clear…is necessary to maximize the value of the Property” and "is in the best interest
1:30 PM
of the estate." As pointed out by the IRS in its opposition, however, necessity is not one of the enumerated bases to sell property free and clear under § 363(f).
Appearances required.
Debtor(s):
Foster Enterprises, a California Represented By Dean G Rallis Jr Matthew D Pham Gregory K Jones
1:30 PM
Hrg on Chapter 11 Status Conference EH
Docket 59
Tentative for 11/06/18 is to CONTINUE this matter to February 5, 2019 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
Mario Antonio Garcia Sr. Represented By Michael J Allison
Joint Debtor(s):
Veronica Bolanos Garcia Represented By Michael J Allison
1:30 PM
Hrg. on Debtor's Motion to approve use of cash collateral and adequate protection
EH
Docket 24
Tentative for 11/06/18 is to CONTINUE to 11/27/18 at 1:30 p.m. to allow Debtor to effectuate proper service.
The motion was not served as required by FRBP 4001(b)(1)(A), which requires service pursuant to FRBP 9014, which in turn requires service pursuant to FRBP Rule 7004.
Appearances are excused.
Debtor(s):
Investment Group, LLC Represented By Todd L Turoci
10:00 AM
Hrg. on Approval of Reaffirmation Agreement filed 10/5/18 between Debtors and Toyota Motor Credit Corporation in the amount of $10,801.05
RE: 2011 Toyota Sienna
Docket 10
- NONE LISTED -
Debtor(s):
William Pavone Represented By Michael D Franco
Joint Debtor(s):
Debra Pavone Represented By Michael D Franco
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation, in the amount of $2028.13
Re: 2012 Toyota Corolla
Docket 13
- NONE LISTED -
Debtor(s):
William Pavone Represented By Michael D Franco
Joint Debtor(s):
Debra Pavone Represented By Michael D Franco
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement Between Debtor and Kia Motors Finance, in the amount of $9,649.49
Re: 2015 Kia Forte
Docket 11
- NONE LISTED -
Debtor(s):
Gresil Reyes Pro Se
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
Hrg. on Approval of Reaffirmation Agreement filed 10/16/18 Between Debtors and Toyota Motor Credit Corporation in the amount of $19,230.44
RE: 2015 Toyota Tacoma
Docket 11
- NONE LISTED -
Debtor(s):
Christopher Michael Gutierrez Represented By Daniel King
Joint Debtor(s):
Brigitte Gladys Langie Represented By Daniel King
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement Between Debtor and Altura Credit Union, in the amount of $9,836.02
Re: 2006 Lincoln Navigator
Docket 10
- NONE LISTED -
Debtor(s):
Herman Diaz Infante Represented By Daniel King
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 9/26/18 Between Debtor and Santander Consumer USA Inc., in the amount of $7,169.90
Re: 2014 Nissan Sentra - VIN: 3N1AB7AP9EL653958
Docket 9
- NONE LISTED -
Debtor(s):
Danny Medina Represented By Terrence Fantauzzi
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 9/28/18 Between Debtor and Ford Motor Credit Company LLC, in the amount of $23,082.99
Re: 2016 Ford C-Max
Docket 8
- NONE LISTED -
Debtor(s):
Lorena Ingram Pro Se
Joint Debtor(s):
Christopher C Ingram Pro Se
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 10/17/18 Between Debtor and Hyundai Motor Finance, in the amount of $15,764.66
Re: 2016 Hyundai Tucson
Docket 11
- NONE LISTED -
Debtor(s):
Sharon Edwards Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
1:30 PM
Hrg. on Trustee's Motion to Approve Trustee's Authority to Sign Stipulation to Dismiss Debtor from Litigation
EH
(Tele. appr. Robert P. Goe, rep.Trustee, Arturo Cisneros)
(Tele. appr. Mark H. Gunderson, Interested party for 1988 Prim Revo Trust) (Tele. appr. Summer M. Shaw, rep. Debtor)
(Tele. appr. Austin K. Sweet, Interested party for 1988 Prim Revo Trust)
Docket 0
Tentative for 11/07/18:
The Court has considered the Joinder filed by Debtor on 11/1/18 [Dk. 126] and the Reply filed by the Chapter 7 Trustee on 11/2/18 [Dk. 127], and in light of the foregoing, will GRANT the motion.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
DESERT RANCH LLLP Represented By Jenny L Doling Summer M Shaw
1:30 PM
Trustee(s):
Helen R. Frazer (TR) Represented By Laurel R Zaeske
1:30 PM
Hrg. on Trustee's motion filed 9/13/18 to Approve Trustee's Authority to sign Stipulation to Dismiss Desert Ranch Management, LLC from litigation
EH
(Tele. appr. Mark H. Gunderson, Interested party for 1988 Prim Revo Trust) (Tele. appr. Summer M. Shaw, rep. Debtor)
(Tele. appr. Austin K. Sweet, Interested party for 1988/ Prim Revo Trust)
Docket 0
Tentative for 11/07/18:
The Court has considered the Joinder filed by Debtor on 11/1/18 [Dk. 57] and the Reply filed by the Chapter 7 Trustee on 11/2/18 [Dk. 58], and in light of the foregoing, will GRANT the motion.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Desert Ranch Management, LLC Represented By
Jenny L Doling
Trustee(s):
Arturo Cisneros (TR) Represented By Robert P Goe
1:30 PM
Adv#: 6:18-01056 Whitmore v. McKay V et al
STATUS CONFERENCE re: Complaint by Robert S. Whitmore against Alexander
H. McKay V, Alexander H. McKay V as Trustee of the Alexander McKay V Living Trust. (Charge To Estate). (1) Determine that Property is Property of the Bankruptcy Estate; (2) Avoidance of Avoidable Transactions; and (3) To Recover Avoided Transactions Nature of Suit: (14 (Recovery of money/property - other)),(91 (Declaratory judgment))
(Cont. from 9/12/18) EH
Docket 1
- NONE LISTED -
Debtor(s):
Deborah McKay Represented By Natalie A Alvarado
Defendant(s):
Alexander H. McKay V as Trustee Pro Se Alexander H. McKay V Pro Se
Plaintiff(s):
Robert S. Whitmore Represented By Franklin C Adams
Trustee(s):
Robert Whitmore (TR) Represented By Franklin C Adams
1:30 PM
1:30 PM
Adv#: 6:18-01169 Merchants Acquisition Group, LLC v. Bruno
STATUS CONFERENCE re: complaint by Merchants Acquisition Group, LLC against Agustin Bruno - 523(a)(2)
EH
(Tele. appr. Richard W. Snyder, rep. creditor Merchants Acquisition Group, LLP)
Docket 1
Updated Tentative for 11/7/18:
The Court has received and reviewed the Stipulation for Judgment filed November 7, 2018 [Dk. 9]. Based on the Stipulation, the Court will CONTINUE this matter to December 19, 2018 at 1:30 p.m. as a holding date pending approval of the Stipulation and entry of a judgment pursuant to the Stipulation.
Counsel is to lodge (1) an order approving the Stipulation and (2) a proposed judgment within 7 days.
Appearances are excused.
******************************************************************************* Tentative for 11/07/18 is to DISMISS for lack of prosecution.
Debtor(s):
Agustin Bruno Represented By Lionel E Giron
1:30 PM
Defendant(s):
Agustin Bruno Pro Se
Plaintiff(s):
Merchants Acquisition Group, LLC Represented By
Richard W Snyder
Trustee(s):
John P Pringle (TR) Pro Se
1:30 PM
Adv#: 6:18-01163 Simons v. Curry
STATUS CONFERENCE re: Complaint by Larry D Simons against Nachole Curry. (Charge To Estate). Complaint for (1) Avoidance and Recovery of Preferential Transfer and (2) Preservation of Avoided Transfer Nature of Suit: (12 (Recovery of money/property - 547 preference))
EH
Docket 1
- NONE LISTED -
Debtor(s):
Kevin Jones Represented By
Todd L Turoci
Defendant(s):
Nachole Curry Pro Se
Joint Debtor(s):
Teri Marie Goodwin Represented By Todd L Turoci
Plaintiff(s):
Larry D Simons Represented By Frank X Ruggier
Trustee(s):
Larry D Simons (TR) Represented By Frank X Ruggier
11:00 AM
Hearing RE: Chapter 7 Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses
(Final Report filed 9/27/18)
[RE: RICHARD A. MARSHACK - Chapter 7 Trustee] [Fees: $46,104.57; Expenses: $617.76]
[RE: MARSHACK HAYS LLP - Attorney For Chapter 7 Trustee] [Fees: $621,279.00; Expenses: $19,950.63]
[RE: GROBSTEIN TEEPLE, LLP - Accountant For Chapter 7 Trustee] [Fees: $40,000.00; Expenses: $151.14]
[RE: DAVID L. HAHN - Former Chapter 7 Trustee] [Fees: $40,000.00; Expenses: $100.00]
[RE: BIENERT MILLER & KATZMAN PLC - Special Counsel For Chapter 7 Trustee - Richard A. Marshack]
[Fees: $33,608.09; Expenses: $1,450.32]
[RE: BIRCH STEWART KOLASCH & BIRCH LLP - Special Intellectual Property Counsel]
[Fees: $78,975.00; Expenses: $43,708.00]
[RE: CALLAHAN & BLAINE - Special Litigation Counsel] [Fees: $19,884.02; Expenses: $0.00]
[RE: COLUMBIA CAPITAL ADVISORS, INC. - Intellectual Property Broker] [Fees: $50,000.00; Expenses: $5,930.36]
[RE: BICHER AND ASSOCIATES]
[Fees: $143,448.00; Expenses: $3,371.03]
Docket 625
11:00 AM
Tenative for 11/07/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Osseous Technologies of America Pro Se
Trustee(s):
Richard A Marshack (TR) Represented By Matthew Grimshaw D Edward Hays David Wood Anthony Bisconti Judith E Marshack
11:00 AM
Adv#: 8:18-01116 Marshack v. Dickey's Barbecue Restaurants, Inc.
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Breach Of Contract; Breach Of The Implied Covenant Of Good Faith And Fair Dealing; Fraud; Negligence; Conversion; Violation Of California Franchise Relations Act Provisions Of The Business And Professions Code; Defamation
(Complaint filed 6/23/18) FR: 9-12-18
Docket 1
- NONE LISTED -
Debtor(s):
Stephen Matthew Huerth Represented By Michael Jones Sara Tidd
Defendant(s):
Dickey's Barbecue Restaurants, Inc. Pro Se
Joint Debtor(s):
Laura Elizabeth Huerth Represented By Michael Jones Sara Tidd
Plaintiff(s):
Richard A. Marshack Represented By Leslie K Kaufman Michael Jones
11:00 AM
Trustee(s):
Richard A Marshack (TR) Represented By Michael Jones Leslie K Kaufman
11:00 AM
Adv#: 8:17-01108 Marshack v. Mugar et al
Hearing RE: Motion For Leave To File First Amended Complaint (Motion filed 10/17/18)
Docket 66
Tenative for 11/07/18 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Bradley B Mugar Represented By Parisa Fishback John Edwards
Defendant(s):
Bradley B Mugar Represented By John Edwards
Sandra Mugar Represented By John Edwards
Joint Debtor(s):
Susan E Mugar Represented By Parisa Fishback John Edwards
11:00 AM
Plaintiff(s):
Richard A. Marshack Represented By Michael G Spector
Trustee(s):
Richard A Marshack (TR) Represented By Michael G Spector
11:00 AM
Adv#: 8:18-01112 Golden, Chapter 7 Trustee v. Bang et al
CONT'D STATUS CONFERENCE Hearing RE: First Amended Complaint For:
Avoidance Of Transfers Voidable By A Bona Fide Purchaser Of Real Property [11 U.S.C. Section 544(a)(3)];
Avoidance Of Actual Fraudulent Transfer [11 U.S.C. Section 548(a)(1)(A)];
Avoidance Of Constructive Fraudulent Transfer [11 U.S.C. Section 548(a)(1)(B)];
Recovery Of Avoided Transfers [11 U.S.C. Section 550]; And
Turnover [11 U.S.C. Section 542(a)] (Complaint filed 6/18/18)
(First Amended Complaint filed 7/26/18) FR: 9-12-18
Docket 11
Tentative for 11/07/18 is to CONTINUE this matter to 1/23/19 at 11:00 a.m. pursuant to the parties' request contained in the Joint Status Report filed 10/24/18 [Dk.20]. A status report is due 14 days in advance.
Appearances are excused.
*********************************************************************************** Tentative for 9/12/18 is to CONTINUE this matter to 11/7/18 at 11:00 a.m. pursuant to the parties' request contained in the Joint Status Report filed 8/28/18 [Dk.14]. A status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
Du Sik Kang Represented By
Jisoo Hwang
11:00 AM
Defendant(s):
Wells Fargo & Company Pro Se
Ik Soo Bang, Hye Young Bang, as Pro Se
Hye Young Bang Pro Se
Ik Soo Bang Pro Se
Plaintiff(s):
Jeffrey I. Golden, Chapter 7 Trustee Represented By
Noreen A Madoyan
Trustee(s):
Jeffrey I Golden (TR) Represented By Noreen A Madoyan
11:00 AM
Hrg. on Debtor's Motion filed 10/19/18 for entry of an order authorizing the Debtor to pay prepetition payroll, pay prepetition independent contractors, and to honor prepetition employment procedures
EH
(Cont. from 10/24/18)
Docket 6
- NONE LISTED -
Debtor(s):
JRL Transportation Inc Represented By Illyssa I Fogel
11:00 AM
Hrg. on Debtor's Motion filed 10/19/18 compelling turnover of property of the estate pursuant to 11 U.S.C. §542(a)
EH
(Cont. from 10/24/18)
Docket 5
- NONE LISTED -
Debtor(s):
JRL Transportation Inc Represented By Illyssa I Fogel
11:00 AM
Hrg. on Debtor's Motion filed 10/19/18 to Use Cash Collateral EH
(Cont. from 10/24/18)
Docket 4
- NONE LISTED -
Debtor(s):
JRL Transportation Inc Represented By Illyssa I Fogel
10:00 AM
Motion for relief from stay [Personal Property]
Wells Fargo Bank, N.A., d/b/a Wells Fargo Auto vs. DEBTOR (Motion filed 10/8/18)
[RE: 2016 Ford Fusion - VIN No.: 3FA6P0LU5GR342354]
Docket 308
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen
10:00 AM
Motion for relief from stay [Personal Property]
Wells Fargo Bank, N.A., d/b/a Wells Fargo Auto vs. DEBTOR (Motion filed 10/8/18)
[RE: 2017 Ford Transit Wagon - VIN No.: 1FBZX2CM3HKB21252]
Docket 309
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen
10:00 AM
Motion for relief from stay [Personal Property]
Wells Fargo Bank, N.A., d/b/a Wells Fargo Auto vs. DEBTOR (Motion filed 10/8/18)
[RE: 2017 Ford Transit Wagon - VIN No.: 1FBZX2CM8HKA80911]
Docket 310
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen
10:00 AM
Motion for relief from stay [Real Property]
Deutsche Bank National Trust Company As Trustee For IndyMac Indx Mortgage Loan Trust 2007-AR9, Mortgage Pass-Through Certificates Series 2007-AR9
[RE: 2158 San Michel Drive West C, Costa Mesa, California 92627]
Docket 36
Tentative for 11/08/18 is to DENY:
Notice is improper. The motion was self-calendared and noticed for November 6, 2018, which is not an available hearing date for Santa Ana motions for relief from stay. An NEF notice was docketed on 9/27/18 [Dk. 37] advising Movant of the incorrect date and to file an amended notice of hearing. As of the posting of this tentative, no amended notice has been filed and served.
Service is improper. The movant did not serve the junior lienholder (Citimortgage). LBR 4001-1(c)(1)(C) requires service of a motion for relief from stay on the holder of a lien or encumbrance against the subject property that is known to the movant, scheduled by the debtor, or appears in the public record and any other party entitled to receive notice under FRBP 4001. FRBP 4001(a)
(1) states a motion for relief from the automatic stay “shall be made in accordance with Rule 9014”. FRBP 9014(b) requires service pursuant to FRBP 7004. FRBP 7004(b)(3) requires that a corporation, partnership or other unincorporated association be served “to the attention of an officer, a managing or general agent, or to any other agent authorized by appointment of law to receive service of process.”
Equity exists. Notwithstanding the notice and service issues, the declaration attached to the motion indicates Movant possesses a 25.19% equity cushion. The Ninth Circuit has held that a 20% equity cushion adequately
10:00 AM
protects a creditor’s security interest. In re Mellor, 734 F.2d 1396, 1401 (9th Cir. 1984).
Appearances required.
Debtor(s):
Eric Abraham Sandoval Represented By Donald A Green
Trustee(s):
Jeffrey I Golden (TR) Pro Se
11:00 AM
Hearing RE: Motion Of LVNV Multi Family, LLC, For Disallowance of Claim 7-1 Of William Jordan Pursuant To 11 U.S.C. Section 502(e)
(Motion filed 10/9/18)
Docket 651
Tentative for 11/08/18 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok
Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner
11:00 AM
Hearing RE: Debtor's Emergency Motion For Order Authorizing Payment And/Or Honoring Of Pre-Petition Employee Compensation, Benefits, Reimbursements,
Withholding Taxes, Accrued Vacation, And Related Employee Claims (Motion filed 11/5/18)
Docket 3
- NONE LISTED -
Debtor(s):
Kendall Frozen Fruits, Inc. Represented By Steven Werth
11:00 AM
Hearing RE: Motion Of Debtor And Debtor In Possession For Order Authorizing Debtor To Maintain Bank Accounts, Cash Management System, And Use Of Existing Business Forms
(Motion filed 11/5/18)
Docket 4
- NONE LISTED -
Debtor(s):
Kendall Frozen Fruits, Inc. Represented By Steven Werth
11:00 AM
Hearing RE: Debtor's Emergency Motion For Order: (1) Deeming Utility Companies Adequately Assured Of Future Performance; (2) Establishing Procedures For Requests For Additional Assurance; (3) Restraining Utility Companies From Discontinuing, Altering, Or Refusing Service; And (4) Providing For Related Relief (Motion filed 11/5/18)
Docket 5
- NONE LISTED -
Debtor(s):
Kendall Frozen Fruits, Inc. Represented By Steven Werth
11:00 AM
Hearing RE: Debtor's Emergency Motion For Extension Of Time To File Schedules, Statement Of Affairs, And Lists
(Motion filed 11/5/18)
Docket 6
- NONE LISTED -
Debtor(s):
Kendall Frozen Fruits, Inc. Represented By Steven Werth
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Santander Consumer USA, Inc. vs. DEBTORS, John P. Pringle, trustee (Motion filed 10/31/18)
Re: 2016 Honda CR-V, VIN 3CZRM3H52GG713754
EH
(Tele. appr. Sheryl Ith, rep. creditor, Santander)
Docket 23
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Ivan Enrique Castro Represented By William C Mathews
Joint Debtor(s):
Michelle Jannie Castro Represented By
10:00 AM
Trustee(s):
William C Mathews
John P Pringle (TR) Pro Se
10:00 AM
McCarthy & Holthus, LLP - movant attorney Motion for Relief from Stay
U.S. Bank National Association vs. DEBTOR (Motion filed 10/30/18)
Re: 8478 Bullhead Court, Rancho Cucamonga, CA 91739 EH
Docket 41
Grant pursuant to 11 U.S.C. §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Hao Wang Represented By
Sam X J Wu
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
Law Offices of Austin P. Nagel - movant attorney Motion for Relief from Stay
Toyota Motor Credit Corporation vs. DEBTOR (Motion filed 10/17/18)
Re: 2016 Scion IM - VIN: JTNKARJE5GJ508193
EH
(Tele. appr Austin P. Nagel, rep. creditor, Toyota Motor Credit Corp.)
Docket 9
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Nyoka Nichole Hoon-Akcley Pro Se
Movant(s):
Toyota Motor Credit Corporation Represented By
Austin P Nagel
10:00 AM
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
Tiffany & Bosco - movant attorney Motion for Relief from Stay
U.S. Bank, N.A. vs. DEBTORS (Motion filed 10/23/18)
Re: 3683 Garretson Avenue, Corona, CA 92881
Docket 10
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Jim Stephen Giordano Represented By Richard McAndrew
Joint Debtor(s):
Joni Lynn Ridgway-Giordano Represented By Richard McAndrew
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
The Wolf Firm ALC - movant attorney Motion for relief from stay
DEUTSCHE BANK NATIONAL TRUST COMPANY vs DEBTOR
(Motion filed 11/2/18)
RE: 19037 Bramhall Lane, Rowland Heights, CA 91748 EH
Docket 17
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Harry Haro Represented By
Andrew M Rosenfeld
Joint Debtor(s):
Lagrimas Haro Represented By
Andrew M Rosenfeld
10:00 AM
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
Robertson, Anschutz & Schneid - movant attorney Motion for Relief from Stay
U.S. Bank National Association vs. DEBTOR (Motion filed 10/26/18)
Re: 445N Oakdale Avenue, Rialto, California 92376 EH
Docket 12
- NONE LISTED -
Debtor(s):
Robert Holguin Pro Se
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
Weltman, Weinberg & Reis Co, LPA - movant attorney Motion for relief from stay
VCFS Auto Leasing Company vs DEBTOR (Motion filed 11/1/18)
RE: 2018 Volvo XC90
EH
Docket 16
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Jason Mendelson Represented By Julie J Villalobos
Joint Debtor(s):
Lara Hansen Represented By
Julie J Villalobos
10:00 AM
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
Law Offices of Austin P. Nagel - movant attorney Motion for Relief from Stay
Toyota Motor Credit Corporation vs. DEBTORS (Motion filed 10/17/18)
Re: 2014 Toyota Highlander - VIN: 5TDKKRFH7ES024630 EH
(Tele. appr Austin P. Nagel, rep. creditor, Toyota Motor Credit Corp.)
Docket 15
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Christopher Hilario Aguilar Represented By Nicholas M Wajda
Joint Debtor(s):
Kathryn Elizabeth Aguilar Represented By Nicholas M Wajda
10:00 AM
Movant(s):
Toyota Motor Credit Corporation Represented By
Austin P Nagel
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
Law Offices of Austin P. Nagel - movant attorney Motion from Relief from Stay
Toyota Motor Credit Corporation vs. DEBTORS (Motion filed 10/19/18)
Re: 2017 Toyota Camry - VIN: 4T1BF1FK3HU386449
(Tele. appr Austin P. Nagel, rep. creditor, Toyota Motor Credit Corp.)
Docket 11
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Esteban Trujillo Pro Se
Joint Debtor(s):
Olga Patricia Trujillo Pro Se
Movant(s):
Toyota Motor Credit Corporation Represented By
10:00 AM
Trustee(s):
Austin P Nagel
Karl T Anderson (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for relief from stay
Santander Consumer USA Inc. vs DEBTORS (Motion filed 10/29/18)
RE: 2006 Keystone Everest Fifth Wheel, VIN 4YDF345256H486928 EH
(Tele. appr. Sheryl Ith, rep. creditor, Santander)
Docket 8
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Steven Bauer Represented By
Andrew Nguyen
Joint Debtor(s):
Julie Bauer Represented By
Andrew Nguyen
10:00 AM
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
Malcolm Cisneros, A Law Corporation - movant attorney Freedom Mortgage Corporation vs. DEBTOR
(Motion filed 10/19/18)
Re: 190 Lupine St, Hemet, CA 92543 EH
Docket 11
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Byron Craig Lynch Represented By Gary J Holt
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
Allen Law Office, Inc. - movant attorney Motion for Relief from Stay
BMW Bank of North America vs. DEBTOR (Motion filed 10/29/18)
Re: 2012 BMW 528i Sedan EH
Docket 10
- NONE LISTED -
Debtor(s):
Carina Fajardo Represented By Steven A Alpert
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
Barrett Daffin Frappier Treder & Weiss, LLP - movant attorney Motion for Relief from Stay
Wilmington Savings Fund Society vs. DEBTOR (Motion filed 10/31/18)
Re: 1001 South Woods Avenue, Fullerton, CA 92832-2842 EH
(Tele. appr. Darlene Vigil, rep. creditor, Wilmington Savings Funds Society)
Docket 5
Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(4) with 4001(a)(3) waiver.
"To obtain relief under § 362(d)(4), the court must find three elements to be present. First, debtor’s bankruptcy filing must have been part of a scheme. Second, the object of the scheme must be to delay, hinder, or defraud creditors. Third, the scheme must involve either (a) the transfer of some interest in the real property without the secured creditor’s consent or court approval, or (b) multiple bankruptcy filings affecting the property. For the court to grant relief under §362(d)(4), and thus trigger two years of prospective relief as to the subject real property, it must affirmatively find that the three elements above are present." In re First Yorkshire Holdings, Inc., 470 B.R. 864, 870-71 (B.A.P. 9th Cir. 2012). Here, Debtor’s bankruptcy case filing is part of a scheme to delay, hinder or defraud Movant, which involve the transfer of some interest in the real property and multiple bankruptcy filings affecting the Property.
Note: This matter appears to be uncontested. Accordingly, no court
10:00 AM
appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Fidel Cedeno Pro Se
Trustee(s):
Lynda T. Bui (TR) Pro Se
11:00 AM
Hrg. on Trustee's Final Report and Applications for Compensation EH
Docket 54
Tentative for 11/27/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Shauna LeAnne McAnally Represented By Douglas A Plazak
Trustee(s):
Steven M Speier (TR) Represented By Mike D Neue James E Till
11:00 AM
Hrg. on Trustee's Final Report and Applications for Compensation EH
Docket 25
Tentative for 11/27/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Feras I.H. Qumseya Represented By
George C Panagiotou
Trustee(s):
Steven M Speier (TR) Pro Se
11:00 AM
Hrg. on Trustee's Final Report; Applications for Compensation EH
Docket 27
Tentative for 11/27/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
April Natasha Gognavec Represented By Neil R Hedtke
Trustee(s):
Steven M Speier (TR) Pro Se
11:00 AM
Hrg. on United States Trustee to dismiss Bankruptcy case pursuant to 11 U.S.C. Section 707(b)(1), (b)(2), & (b)(3) & contingent motion to extend the discharge deadline pursuant to Federal Rule of Bankruptcy Procedures 4004 & 1017
EH
Docket 25
Tentative for 11/27/18 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Nicole Michele Estrada Represented By Gary S Saunders
Trustee(s):
John P Pringle (TR) Pro Se
11:00 AM
Hrg re Debtor's Objecton to the Closing of the Chapter 7 Bankruptcy Case EH
Docket 10
- NONE LISTED -
Debtor(s):
Wendy K Pitts Represented By Lane K Bogard
Trustee(s):
Charles W Daff (TR) Pro Se
1:30 PM
Hrg. on Post Confirmation Status Conference (Cont. from 7/31/18)
EH
Docket 0
Tentative for 11/27/18:
The Court has received and reviewed the report filed November 2, 2018 [Dk. 324], as well as the Amended report filed November 1, 2018 [Dk. 323] and notes that both the current report and the prior report [Dk. 318] include a statement that estimates the final payment will be made in October 2018; the current report, however, is silent as to whether the final payment was in fact made. The Court will waive the issue but cautions that future reports must specifically advise the Court as to when Debtors anticipate completion and when the Court can expect the filing of a motion for final decree.
A continued status conference will be held on March 19, 2019 at 1:30 p.m. Appearances are excused.
***************************************************************************** Tentative for 7/31/18:
The Court has received and reviewed the report filed July 17, 2018 [Dk. 318] and will CONTINUE this matter to November 27, 2018 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
1:30 PM
Debtor(s):
Salvador Rivera Represented By Andrew H Griffin III
Joint Debtor(s):
Teresa Rivera Represented By Andrew H Griffin III
1:30 PM
Hrg. on Motion of the Minority Voting Trust to convert case to a case under Chapter 7
EH
Docket 1078
Tentative for 11/27/18:
An evidentiary hearing shall be conducted on January 29, 2019 at 9:30 a.m. in Courtroom 5C, Ronald Reagan Federal Building and Courthouse, 411 West 4th Street, Santa Ana, CA 92701, on the factual issues of whether Debtor is a "farmer" as defined by Section 101(20) and in turn whether income is derived from a "farming operation as defined in Section 101(21).” It is Debtor's burden of proof with respect to both matters.
Appearances are required.
Debtor(s):
Orange County Nursery, Inc. Represented By David S Kupetz Steven Werth Elissa Miller
Arthur Gutierrez Longoria Tamar Terzian
1:30 PM
Hrg. on Post Confirmation Status Conference EH
(Cont. from 8/14/18)
Docket 66
Tenative for 11/27/18:
The Court has received and reviewed the report filed November 12, 2018 [Dk. 112] and will CONTINUE this matter to March 19, 2019 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
***************************************************************************** Tentative for 8/14/18:
The Court has received and reviewed the report filed July 30, 2018 [Dk. 108] and will CONTINUE this matter to November 27, 2018 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
Shawn Maceo Rife Represented By Michael Jones Sara Tidd
1:30 PM
Joint Debtor(s):
Shayne Morgan Rife Represented By Michael Jones Sara Tidd
1:30 PM
Hrg. on Debtor's Application filed 10/10/18 for Approval of Fees and Reimbursement of Expenses by The Turoci Firm, Attorneys for Compcare Medicare Medical, Inc.
EH
Docket 143
Tentative for 11/27/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
CompCare Medical, Inc. Represented By Todd L Turoci Tamar Terzian
1:30 PM
Hrg. on Debtor's Motion filed 8/8/18 to Use Cash Collateral (Cont. from 10/9/18)
EH
Docket 5
- NONE LISTED -
Debtor(s):
Lovejoy's Family Moving., Inc., dba Represented By
Illyssa I Fogel
Movant(s):
Lovejoy's Family Moving., Inc., dba Represented By
Illyssa I Fogel
1:30 PM
Hrg. on Debtor's Motion to approve use of cash collateral and adequate protection
(Cont. from 11/6/18) EH
Docket 24
Tentative for 11/27/18:
None listed.
***************************************************************************** Tentative for 11/06/18 is to CONTINUE to 11/27/18 at 1:30 p.m. to allow Debtor to effectuate proper service.
The motion was not served as required by FRBP 4001(b)(1)(A), which requires service pursuant to FRBP 9014, which in turn requires service pursuant to FRBP Rule 7004.
Appearances are excused.
Debtor(s):
Investment Group, LLC Represented By Todd L Turoci
1:30 PM
Aguirre Allen Law, APC - movant attorney Motion for Relief from Stay
Community Valley Bank vs. DEBTOR (Motion filed 10/16/18)
Re: 305 and 333 South Waterman Avenue
Docket 38
Tentative for 11/27/18: Appearances required.
Debtor(s):
Investment Group, LLC Represented By Todd L Turoci
1:30 PM
Hrg on City of San Bernardino Thirteenth Omnibus Objection to Claim Number by Claimant Maher Afram; Shirley Alvarez; Betty Anderson; Robert L. Attwood; Henry Brinkley; Donnie Cole; Nakia Ebow; Eric Garcia; Martin Huddleston; Manuel Key ; Law Offices of Deand and Doung; Sae Lee; Monica Mosley; Cheryl A. Samuel- Harris. / Notice of Thirteenth Omnibus Objection and City of San Bernardinos Thirteenth Omnibus Objection to Claims Where the City Has no Liability
EH
Docket 2676
Tentative for 11/27/18 is to SUSTAIN the objections and DISALLOW the claims in the Thirteenth Omnibus Objection to Claims [Dk. 2676] ("Objection") except as follows:
With respect to the claims of Maher Afram and the Law Offices of Deand and Doung, the Court will CONTINUE the Objection as to these claims to January 22, at 1:30 p.m. to allow Movant to effect proper service. Where the claimant has filed a proof of claim, the local rules require the movant include the number of the proof of claim in the caption of the motion. While the Court has waived this defect for other claims listed below, there are additional defects the Court will not waive for these two claims:
With respect to the claim of Maher Afram, the cross reference listed within the motion incorrectly identifies the corresponding proof of claim as Claim No. 363. The correct claim appears to be 393. Movant should file and serve an appropriate correction.
With respect to the claim of the Law Offices of Deand and Doung, the movant did not serve the claimant to the attention of an officer, managing or general agent or to any other authorized agent. LBR 3007-1(b)(2) requires service "on the claimant at the address disclosed by the claimant
1:30 PM
in its proof of claim and such other addresses and upon such parties as may be required by FRBP 7004 and other applicable rules." (emphasis added). FRBP 7004(b)(3) requires that a corporation, partnership or other unincorporated association be served "to the attention of an officer, a managing or general agent, or to any other agent authorized by appointment of law to receive service of process." Where the address listed on the proof of claim differs from or does not comply with FRBP 7004, as stated on the Court's website, this Court requires the claim objection to be served on both addresses.
The Court will SUSTAIN the Objection and DISALLOW the claims of Nakia Ebow, Eric Garcia, Martin Huddleston, Manuel Key, and Sae Lee, notwithstanding the defect of failing to follow the local rules’ requirement to include the number of the filed proof of claim in the caption [see LBR 3007-1(a) (4)(A)], considering the Motion otherwise comply with applicable rules. Movant is cautioned to ensure compliance with LBR 3007-1(a)(4)(A) and all other applicable rules in the future.
With respect to the claim of Henry Brinkley, the Court’s tentative is to OVERRULE the Objection and ALLOW Mr. Brinkley’s claim as set forth in the Reply filed by Debtor on November 21, 2018 [Dk. 2698].
Appearances are excused.
Debtor(s):
City of San Bernardino, California Represented By
Paul R. Glassman Fred Neufeld Laura L Buchanan
1:30 PM
Hrg on City of San Bernardino Fourteenth Objection to Claim Number by Claimant Elvin Coleman Jr.; David Durazo; Catherine Hall; Lorraine Jackson; Jerone Jenkins; Anthony Michael Jones; Loma Linda University Risk Management; Sylvia Martinez; Eleanor Ribera; Steve Wuo. / Notice of Fourteenth Omnibus Objection and City of San Bernardinos Fourteenth Omnibus Objection to Claims Where the City Has no Liability
EH
Docket 2680
Tentative for 11/27/18 is to SUSTAIN the objections and DISALLOW the claims in the Fourteenth Omnibus Objection to Claims [Dk. 2680].
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
City of San Bernardino, California Represented By
Paul R. Glassman Fred Neufeld Laura L Buchanan
1:30 PM
Hrg. on City of San Bernardino Motion for a Third Order Extending the Deadline to File Motions to Make Additions to the Schedule of Contracts and Leases to be Assumed
EH
Docket 2692
Tentative for 11/28/18 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
City of San Bernardino, California Represented By
Paul R. Glassman Fred Neufeld Laura L Buchanan
1:30 PM
Hrg on the Third Motion of City of San Bernardino for an Order Extending the Deadlines to: (I) File and Serve Objections to Claims; and (II) Provide ADR Notices to Claimants
EH
Docket 2693
Tentative for 11/28/18 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
City of San Bernardino, California Represented By
Paul R. Glassman Fred Neufeld Laura L Buchanan
1:30 PM
Adv#: 6:17-01229 FIRST AMERICAN TITLE INSURANCE COMPANY, a Nebraska v. Fazah
STATUS CONFERENCE re: Complaint by First American Title Insurance Company, a Nebraska corporation to determine dischargeabiltiy of debt against Mazen Fazah, Amany Saleh - 523(a)(2)
(Cont. from 8/22/18) EH
Docket 1
- NONE LISTED -
Debtor(s):
Mazen Fazah Represented By
Stuart G Steingraber
Defendant(s):
Mazen Fazah Represented By
Stuart G Steingraber
Amany Saleh Represented By
Stuart G Steingraber
Joint Debtor(s):
Amany Saleh Represented By
Stuart G Steingraber
Plaintiff(s):
FIRST AMERICAN TITLE Represented By
1:30 PM
Trustee(s):
Jean C Wilcox Stuart G Steingraber
Karl T Anderson (TR) Pro Se
1:30 PM
Adv#: 6:17-01229 FIRST AMERICAN TITLE INSURANCE COMPANY, a Nebraska v. Fazah
Hrg on Plaintiff's Motion For Summary Judgment as to the Complaint and Counter-
Claim
(Cont. from 8/22/18) EH
Docket 22
- NONE LISTED -
Debtor(s):
Mazen Fazah Represented By
Stuart G Steingraber
Defendant(s):
Mazen Fazah Represented By
Stuart G Steingraber
Amany Saleh Represented By
Stuart G Steingraber
Joint Debtor(s):
Amany Saleh Represented By
Stuart G Steingraber
Movant(s):
FIRST AMERICAN TITLE Represented By Jean C Wilcox
Stuart G Steingraber
1:30 PM
FIRST AMERICAN TITLE Pro Se
Plaintiff(s):
FIRST AMERICAN TITLE Represented By Jean C Wilcox
Stuart G Steingraber
Trustee(s):
Karl T Anderson (TR) Pro Se
1:30 PM
Adv#: 6:17-01254 Baumgartner et al v. Carrillo
Pre-Trial CONFERENCE re: Complaint by Brett Baumgartner, Margarett Baumgartner against Wendy Carrillo - 523(a)(4), (a)(6)
(cont. from 9/12/18) EH
Docket 1
Tentative for 11/28/18:
This matter is continued to February 6, 2019 at 1:30 p.m. as a holding date pending dismissal, as described in the Declaration of Plaintiff's counsel filed 11/27/18 [Dk. 19].
Appearances are excused.
**************************************************************************** Tentative for 9/12/18:
The Court has received the Stipulation filed 8/29/18 [Dk. 13] in which the parties agree to reopen discovery for 45 days and continue the pretrial conference for approximately 60 days. Accordingly, the Court will set the following new dates/deadlines:
Discovery shall be reopened until October 31, 2018. That date shall include the date by which any discovery motion must be heard and resolved.
The pretrial conference shall be continued to November 28, 2018 at 1:30 p.m.
Plaintiff is to lodge a scheduling order within seven days.
1:30 PM
Appearances are excused.
*************************************************************************** Tentative for 2/21/18 is to set the following dates/deadlines:
Discovery cutoff: April 30, 2018. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: June 15, 2018. Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial conference: August 1, 2018 at 1:30 p.m.
The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may result in the imposition of sanctions, including the striking of the answer and dismissal of the complaint.
Plaintiff is to lodge a scheduling order within 7 days.
Debtor(s):
Wendy Carrillo Represented By Paul Y Lee
Defendant(s):
Wendy Carrillo Pro Se
Plaintiff(s):
Brett Baumgartner Represented By
Laura Blumenstein
Margarett Baumgartner Represented By
Laura Blumenstein
1:30 PM
Trustee(s):
Todd A. Frealy (TR) Pro Se
1:30 PM
Adv#: 6:18-01016 Tyra v. Mendonca
Hrg. on Plaintiff's Motion filed 10/23/18 for Default Judgment under LBR 7055-1 EH
Docket 15
- NONE LISTED -
Debtor(s):
Michael David Mendonca Represented By Gary H Blaylock
Defendant(s):
Michael David Mendonca Pro Se
Plaintiff(s):
Roy Tyra Represented By
Robert W Morris
Trustee(s):
Charles W Daff (TR) Pro Se
1:30 PM
Adv#: 6:18-01016 Tyra v. Mendonca
Hrg. on STATUS CONFERENCE re: Complaint by Roy Tyra against Michael David Mendonca - 523(a)(2)
(Cont. from 10/24/18) EH
Docket 1
- NONE LISTED -
Debtor(s):
Michael David Mendonca Represented By Gary H Blaylock
Defendant(s):
Michael David Mendonca Pro Se
Plaintiff(s):
Roy Tyra Represented By
Robert W Morris
Trustee(s):
Charles W Daff (TR) Pro Se
1:30 PM
Adv#: 6:18-01175 Huang v. Wang
STATUS CONFERENCE re: Complaint by Sufen Huang against Hao Wang - 523(a)(2)
EH
Docket 1
- NONE LISTED -
Debtor(s):
Hao Wang Represented By
Sam X J Wu
Defendant(s):
Hao Wang Pro Se
Plaintiff(s):
Sufen Huang Represented By
Ronald J Sokol
Trustee(s):
Arturo Cisneros (TR) Pro Se
1:30 PM
Adv#: 6:18-01177 Shao v. Wang
STATUS CONFERENCE re: Complaint by Tingting Shao against Hao Wang - 523(a)(2), (a)(4), and (a)(6)
EH
Docket 1
Tentative for 11/28/18:
This matter is CONTINUED to February 27, 2019 at 1:30 p.m. Plaintiff is to file a status report 14 days in advance.
Plaintiff is to file a motion for default judgment, supported by appropriate evidence, by no later than January 31, 2019, and may either self-calendar it for hearing on February 27, 2019 or have it determined without a hearing pursuant to applicable local rules.
Appearances for the 11/28/18 status conference are excused.
Debtor(s):
Hao Wang Represented By
Sam X J Wu
Defendant(s):
Hao Wang Pro Se
Plaintiff(s):
Tingting Shao Represented By Meei-Ling Chen
1:30 PM
Trustee(s):
Arturo Cisneros (TR) Pro Se
1:30 PM
Adv#: 6:18-01126 Speier, Chapter 7 Trustee of the Estate of Stacey v. Kinsella et al
STATUS CONFERENCE RE: Complaint by Steven Speier, Chapter 7 Trustee of the Estate of Stacey L. Alvarez against Thomas Kinsella, Michael Reilly, as Trustee of the Reilly Family Living Trust Dated June 17, 2017 - 547, 363(h), and 542
(Cont. from 8/15/18, 9/19/18) EH
Docket 1
- NONE LISTED -
Debtor(s):
Stacey L. Alvarez Represented By Keith Q Nguyen
Defendant(s):
Thomas Kinsella Pro Se
Michael Reilly, as Trustee of the Pro Se
Plaintiff(s):
Steven Speier, Chapter 7 Trustee of Represented By
Arturo M Cisneros
Trustee(s):
Steven M Speier (TR) Represented By Arturo M Cisneros Christina J O
1:30 PM
Adv#: 6:17-01237 U.S. Trustee v. Howard et al
STATUS CONFERENCE re: Complaint by U.S. Trustee against Vincent D Howard, Howard Law P.C., Williamson & Howard LLP, Timothy Allen Reed. Complaint For Disgorgement Of Fees, Civil Penalties, And/Or Injunctive And Declaratory Relief
(Cont. from 8/1/18) EH
Docket 1
Tentative for 11/28/18:
The Court has received and reviewed the status report filed November 13, 2018 [Dk. 54]. The previously established deadline will remain in place. The parties may stipulate to extend those dates for good cause.
A continued status conference hearing will take place on May 1, 2019 at 1:30
p.m. A status report is due 14 days in advance.
Appearances are excused.
******************************************************************************* Tentative for 8/01/18:
A scheduling order has been issued in this case (See, order entered 3/19/18 [Dk. 38]) establishing a discovery cutoff date of January 15, 2019 and a motion cutoff date of March 15, 2019. The Court will leave these dates in place and set a continued status conference date of November 28, 2018 at 1:30 p.m. A status report is due 14 days in advance.
1:30 PM
Appearances are excused.
***************************************************************************** Tentative for 3/07/18 is to set the following dates/deadlines:
Discovery cutoff: January 15, 2019. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: March 15, 2019. Note: this date includes the date by which all non-discovery motions must be heard and resolved.
4. Continued status conference: August 1, 2018 at 1:30 p.m. A status report is due 14 days in advance. At this continued status conference, the Court will determine whether setting or establishing any further hearings or deadlines is appropriate.
The parties are specifically advised to cooperate and follow all local and federal rules. The failure to do so may result in the imposition of sanctions, including the striking of the answer and dismissal of the complaint.
Appearances required.
Debtor(s):
Mario E. Najarro Represented By Timothy Reed Jeffrey A Katz
Defendant(s):
Vincent D Howard Pro Se
Howard Law P.C. Pro Se
Williamson & Howard LLP Pro Se
Timothy Allen Reed Pro Se
1:30 PM
Plaintiff(s):
U.S. Trustee Pro Se
Trustee(s):
Arturo Cisneros (TR) Pro Se
9:30 AM
CONT'D Hearing RE: Pro Se Reaffirmation Agreement Between Debtor And Navy Federal Credit Union
(Motion filed:
[TA Case]
[RE: 2012 Nissan Sentra - $7,175.00]
FR: 9-19-18
Docket 27
- NONE LISTED -
Debtor(s):
Kimberly Sue Minarcin Pro Se
Trustee(s):
Richard A Marshack (TR) Pro Se
9:30 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And SchoolsFirst Federal Credit Union
Motion filed 7/9/18]
[CB CASE]
RE: 2005 BMW 650I - Amount: $4,830.88]
Docket 8
- NONE LISTED -
Debtor(s):
Klen Mark Guillen Pro Se
Trustee(s):
Richard A Marshack (TR) Pro Se
9:30 AM
Hearing RE: Reaffirmation Agreement Between Debtor And Capital One Auto Finance, A Division Of Capital One, N.A.
(Motion filed 9/25/18)
[CB CASE]
[RE: 2014 BMW 3 Series Sedan 4D 328I - Amount: $21,700.39]
Docket 16
- NONE LISTED -
Debtor(s):
Emily Jo Nelson Pro Se
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:30 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And American Honda Finance Corporation
(Motion filed 10/1/18)
[TA CASE]
[RE: 2016 Honda Civic - Amount: $18,462.21]
Docket 11
- NONE LISTED -
Debtor(s):
Gerardo Efrain Berges Represented By Violeta Delgado
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:30 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And Mechanics Bank
(Motion filed 9/27/18)
[ES CASE]
[RE: 2016 Ford Fiesta - Amount: $12,768.10] [VIN No.: 3FADP4BJ0GM183651]
Docket 15
- NONE LISTED -
Debtor(s):
Tania DuPlessis Pro Se
Trustee(s):
Thomas H Casey (TR) Pro Se
9:30 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And SchoolsFirst Federal Credit Union (aka OCTFCU)
(Motion filed 11/19/18)
[RE: 2005 Honda Pilot - Amount: $970.72]
Docket 19
- NONE LISTED -
Debtor(s):
Barbara A Sanchez Represented By Peter L Lago
Trustee(s):
Weneta M Kosmala (TR) Pro Se
9:30 AM
Hearing RE: Reaffirmation Agreement Between Debtor And Citizens One Auto Finance
(Motion filed 9/27/18)
[ES CASE]
[RE: 2017 Nissan Sentra - Amount: $25,307.13]
Docket 10
- NONE LISTED -
Debtor(s):
Maria Delaluz Diaz Leyva Represented By Marlin Branstetter
Trustee(s):
Weneta M Kosmala (TR) Pro Se
9:30 AM
Hearing RE: Reaffirmation Agreement Between Debtor And JPMorgan Chase Bank, N.A.
(Motion filed 9/27/18)
[TA CASE]
RE: 2015 Lexus - ES 350 - Amount: $12,673.13]
Docket 11
- NONE LISTED -
Debtor(s):
Brian Yongkun Shin Pro Se
Joint Debtor(s):
Sue M Choi Pro Se
Trustee(s):
Richard A Marshack (TR) Pro Se
9:30 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And Bank of America, N.A.
(Motion filed 10/28/18)
[RE: 2013 Nissan 370Z #9160 - Amount: $19,135.40]
Docket 9
- NONE LISTED -
Debtor(s):
Kiriakos Alyousef Pro Se
Trustee(s):
Weneta M Kosmala (TR) Pro Se
9:30 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And Hyundai Capital America dba Kia Motors Finance
(Motion filed 10/3/18)
[CB CASE]
[RE: 2016 Kia Sportage - Amount: $22,293.75] [VIN No.: KNDPBCAC5G7802029]
Docket 11
- NONE LISTED -
Debtor(s):
Rodolfo Agundez, Jr. Represented By Marlin Branstetter
Trustee(s):
Thomas H Casey (TR) Pro Se
9:30 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And Capital One Auto Finance, A Division Of Capital One, N.A.
(Motion filed 10/18/18)
[SC CASE]
[RE: 2008 GMC Light Duty Yukon Utility 4D SLT 2WD - Amount: $11,321.51] [VIN No.: 1GKFC13J68R201957] - Amount: $11,321.51
Docket 11
- NONE LISTED -
Debtor(s):
Francisco Maldonado Sanchez Represented By Roya Rohani
Joint Debtor(s):
Laura C. Maldonado Represented By Roya Rohani
Trustee(s):
Richard A Marshack (TR) Pro Se
9:30 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And A-L Financial Corp.
(Motion filed 10/3/18)
[ES CASE]
[RE: 2012 Toyota Tacoma - Amount: $11,491.39] [VIN No.: 5TFTX4GN4CX013864]
Docket 10
- NONE LISTED -
Debtor(s):
Jesus Gutierrez Vega Represented By Lauren M Foley
Joint Debtor(s):
Erika Valadez Carmen Represented By Lauren M Foley
Trustee(s):
Thomas H Casey (TR) Pro Se
9:30 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And Ford Motor Credit Company LLC
(Motion filed 9/28/18)
[CB CASE]
[RE: 2012 Ford Flex - Amount: $5,109.01] [VIN No.: 2FMGK5DC3CBD10815]
Docket 12
- NONE LISTED -
Debtor(s):
Jimmie J Campbell Represented By Daniel King
Joint Debtor(s):
Rebecca Peery Represented By Daniel King
Trustee(s):
Karen S Naylor (TR) Pro Se
9:30 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And Kia Motors Finance
(Motion filed 10/12/18)
[CB CASE]
[RE: 2016 Kia Sportage - Amount: $16,380.99] [VIN No.: KNDPB3AC7G7837526]
Docket 13
- NONE LISTED -
Debtor(s):
Antonio Escamilla Represented By
Steven A. Alexander
Trustee(s):
Richard A Marshack (TR) Pro Se
9:30 AM
Hearing RE: Reaffirmation Agreement Between Debtor And Toyota Motor Credit Corporation
Motion filed 10/5/18)
[ES CASE]
[RE: 2017 Toyota Prius - Amount: $35,321.12] [VIN No.: JTDKBRFU4H3056101]
Docket 11
NONE LISTED -
Debtor(s):
Rea Jane Tanilon Pro Se
Trustee(s):
Karen S Naylor (TR) Pro Se
10:00 AM
Adv#: 8:18-01130 Pinon v. Thipavong
Hearing RE: Plaintiff's Motion For Default Judgment Under LBR 7055-1 (Motion filed 10/31/18)
Docket 15
NONE LISTED -
Debtor(s):
Nitikorn Thipavong Represented By
Catherine Christiansen
Defendant(s):
Nitikorn Thipavong Pro Se
Plaintiff(s):
Patricia Pinon Represented By Tiffany Chukiat John B Stephens
Trustee(s):
Richard A Marshack (TR) Represented By Donald W Sieveke
11:00 AM
Hearing RE: Trustee's Amended Application To Employ Attorney Pursuant To 11
U.S.C. Section 330 (Motion filed 10/5/18)
(Notice of Opposition filed 10/16/18)] (Set per Notice of Hearing filed 10/23/18)
Docket 48
Tentative for 11/28/18:
It is the Court's understanding that the party opposing the amended employment application has agreed she will assert no claim against the bankruptcy estate for any of the monies that she paid pursuant to the sale agreement. These are the only funds that exist in the estate. (Sieveke Dec., ¶9) Thus, it appears the opposing party has no economic interest in the outcome of this application. If this is true, the opposing party has no standing.
Appearances required.
Debtor(s):
Nitikorn Thipavong Represented By
Catherine Christiansen
Trustee(s):
Richard A Marshack (TR) Represented By Donald W Sieveke
11:00 AM
Hearing RE: Chapter 7 Trustee's Objection To Claim: (Motion filed 10/23/18)
Claim No. 2-1 Patricia Pinon $2,031,997.88
Docket 55
Tenative for 11/28/18 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Nitikorn Thipavong Represented By
Catherine Christiansen
Trustee(s):
Richard A Marshack (TR) Represented By Donald W Sieveke
11:00 AM
Hearing RE: Chapter 7 Trustee's Objection To Claim: (Motion filed 10/23/18)
Claim No. 5-1 Patricia Pinon $2,926,156.75
Docket 57
Tenative for 11/28/18 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Nitikorn Thipavong Represented By
Catherine Christiansen
Trustee(s):
Richard A Marshack (TR) Represented By Donald W Sieveke
11:00 AM
Adv#: 8:18-01130 Pinon v. Thipavong
CONT'D Hearing RE: Plaintiff's Motion For Default Judgment Under LBR 7055-1 (Motion filed 10/31/18)
FR: 11-28-18 at 10:00 a.m.
[Tele. app., John B. Stephens, repr., Plaintiff Patricia Pinon]
Docket 15
Tentative for 11/28/18 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge (1) an order granting the motion and (2) a proposed judgment.
Debtor(s):
Nitikorn Thipavong Represented By
Catherine Christiansen
Defendant(s):
Nitikorn Thipavong Pro Se
Plaintiff(s):
Patricia Pinon Represented By Tiffany Chukiat John B Stephens
11:00 AM
Trustee(s):
Richard A Marshack (TR) Represented By Donald W Sieveke
11:00 AM
Hearing RE: Debtor's Motion For Order: (1) Authorizing Sale Of Real Property Located At 45610 Corte Vista Clara, Temecula, California Pursuant To 11 U.S.C. Section 363(b) And (f); (2) Approving Overbid Procedures; (3) Approving Buyer, Successful Bidder, And Back-Up Bidder As Goodfaith Purchaser Pursuant To 11
U.S.C. Section 363(m); And (4) Authorizing Payment Of Real Estate Broker's Commission And Ordinary Costs Of Sale
(Motion filed 11/7/18)
[Tele. appr., Lei Lei Wang Ekvall, repr., WJA Asset Mangement LLC]
Docket 668
Tentative for 11/28/18 is to GRANT. Debtor is to conduct an auction.
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok
Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber Michael W Davis Kathy Bazoian Phelps
11:00 AM
CONT'D POST-CONFIRMATION STATUS CONFERENCE Hearing RE: (1)
Case Management Conference And (2) Requiring Status Report (Petition filed 9/23/14)
(Post-Confirmation S/C set at S/C held 9-3-15)
FR: 11-20-14; 12-11-14; 1-29-14; 2-5-15; 2-11-14; 2-19-15; 5-21-15; 7-2-15;
7-23-15; 9-3-15; 3-17-16; 3-31-16; 9-29-16; 3-9-17; 10-12-17; 10-19-17;
4-19-18; 5-3-18
Docket 1
Tentative for 11/29/18:
The Court has received and reviewed the status report filed 11/21/18 [Dk. 528], and will CONTINUE the status conference to 6/13/2019 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused, and this matter is VACATED; no hearing will be held on 11/29/18.
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
10:00 AM
COOKSEY, TOOLEN, GAGE, DUFFY & WOOG - movant attorney Motion for relief from stay
WELLS FARGO BANK NA vs DEBTOR
(Motion filed 11/2/18)
RE: 2011 Mercedes-Benz M Class, VIN: 4JGBB5GB6BA716532
EH
(Tele. appr Jennifer Wang, rep. creditor, Wells Fargo)
Docket 56
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Alex I Choi Represented By
Paul Y Lee
Joint Debtor(s):
Jennie W Choi Represented By Paul Y Lee
10:00 AM
Trustee(s):
Howard B Grobstein (TR) Represented By Reem J Bello
10:00 AM
Aldridge Pite, LLP - movant attorney Motion for Relief from Stay
U.S. Bank National Association vs. DEBTOR (Motion filed 11/6/18)
RE: 3187 Pinehurst Dr., Corona, CA 92881 EH
(Tele. appr. Alexader Lee, rep. U.S. Bank National Association)
Docket 11
Tentative for 12/04/18 is to grant pursuant to 11 U.S.C. §362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.
Debtor filed a Response on 11/20/18 [Dk. 13] in which Debtor objects to Movant's standing. Motions for relief from stay are summary proceedings. Budd v. Fid. Asset Mgmt., LLC (In re Budd), 2011 Bankr. LEXIS 4317 (B.A.P. 9th Cir. July 12, 2011); Johnson v. Righetti (In re Johnson), 756 F.2d 738, 740-41 (9th Cir. 1985) ("Hearings on relief from the automatic stay are thus handled in a summary fashion. The validity of the claim or contract underlying the claim is not litigated during the hearing.")." Here, Movant has submitted evidence that it possesses an unlawful detainer judgment (obtained after a foreclosure and applicable to all unknown occupants) and a writ of possession; thus, Movant has presented a colorable claim and relief should be granted.
Appearances required.
10:00 AM
Debtor(s):
Robert Henry White Pro Se
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
Law Offices of Vincent V. Frounjian - movant attorney Motion for relief from stay
American Honda Finance Corporation VS DEBTOR (Motion filed 11/9/18)
RE: 2017 HONDA ACCORD, VIN: JHMC R6F7 2HC0 25694
EH
Docket 8
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Lisa Joy Robertson Represented By Carey C Pickford
Trustee(s):
Karl T Anderson (TR) Pro Se
11:00 AM
Hrg. on chapter 7 trustee's Motion filed 9/17/18 to Allow Claim 2 of County of San Bernardino Tax Collector as Fully Secured, Not Entitled to Dividend (cont. from 11/6/18)
EH
Docket 41
Amended tentative for 12/4/18 is to DENY without prejudice for the following reasons:
The Court still cannot verify proper service. Movant filed and properly served a Notice of Continuance on November 14, 2018 [Dk. 51]. Movant then filed an Amended Proof of Service on December 3, 2018 [Dk. 56], which indicates that the document served was "Amended Proof of Service Re Motion to Allow Claim No. 2 Filed by County of San Bernardino Tax Collectors as Fully Secured, Not Entitled to A Dividend; Memorandum of Points and Authorities in Support Thereof; Declaration of John P. Pringle." The Amended POS indicates the document was served via NEF on December 3, 2018 and by first class mail on November 14, 2018. However, the Court remains unable to locate evidence that the underlying motion was similarly properly served.
While the original motion seeks to allow the claim as secured but not entitled to a dividend from the Estate, the Supplemental Brief filed on November 14, 2018 [Dk. 52] seeks to disallow the claim in its entirety, and retains the original document title requesting the claim be allowed as fully secured. The inconsistency between the title and relief requested may be misleading, and to the extent that the Supplemental Brief represents an amended motion, it was not served on 30 days notice as required for objections to claim.
11:00 AM
Appearances required.
**************************************************************************** Tentative for 12/4/18 is to DENY without prejudice.
Service appears to remain improper. While Movant filed and properly served a Notice of Continuance on November 14, 2018 [Dk. 51], the Court is unable to locate evidence that the underlying motion was similarly properly served.
Appearances required.
****************************************************************************** Tentative is to DENY without prejudice.
Service is improper. The Movant did not serve the San Bernardino Tax Collector to the attention of the "clerk, secretary, president, presiding officer, or other head of its governing body." See Cal. Code of Civil Procedure § 416.50.
Where the address listed in the proof of claim form does not comply strictly with Rule 7004, this court requires claim objections to be served to both the address on the proof of claim and the address required for service under Rule 7004. See Judge Clarkson’s Instructions and Procedures posted on the court website. FRBP 7004(b)(6) provides that service "[u]pon a state or municipal corporation or other governmental organization" must be made in accordance with the applicable state law. California Code of Civil Procedure § 416.50 requires that a public entity must be served with process to the attention of the "clerk, secretary, president, presiding officer, or other head of its governing body."
The objection to claim does not serve the tax collector (just served the office of tax collector) in the manner prescribed by California state law, and therefore service is improper.
In addition, the Court has one substantive concern regarding this Motion. Trustee represents that the claim is fully secured. However, the filed proof of claim indicates the claim is only partially secured ($1,774.35 out of the total
11:00 AM
$3,179.12) and the unsecured portion is entitled to priority. The exhibits to the proof of claim are internally inconsistent as to what, if any, portion of the claim is secured, unsecured, and/or subject to priority. Any renewed motion should explain in detail Trustee's reasoning for treating the claim as fully secured.
Appearances required.
Debtor(s):
Nathan Bert Gladney Represented By Julie Philippi Todd L Turoci
Joint Debtor(s):
Doreen Ann Gladney Represented By Julie Philippi Todd L Turoci
Trustee(s):
John P Pringle (TR) Represented By Leonard M Shulman Brandon J Iskander
11:00 AM
Hrg. on attorney for chapter 7 trustee's Motion filed 8/1/18 (1) Authorizing Sale of Real Property Free and Clear of Liens and Encumbrances; (2) Approving Overbid Procedures; (3) Authorizing Payments of Undisputed Liens, Costs of Sale, Property Taxes, and Homestead Exemption; (4) Finding that Real Property is Community Property and Authorizing Trustee to Include in Sale Order that Real Property is Community Property and That Trustee Is Authorized to Sell Entire Real Property; and (5) Finding That Purchaser Is Good Faith Purchaser under 11 U.S.C. § 363(m)
(Cont. from 11/6/18) EH
Docket 39
- NONE LISTED -
Debtor(s):
Larry Kates Represented By
Richard Lynn Barrett Robert A Hessling
Trustee(s):
Karl T Anderson (TR) Represented By Robert A Hessling
11:00 AM
Hrg. on Trustee's Final Report and Applications for Compensation EH
Docket 58
Tentative for 12/4/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trusteee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Margarita Lozano Represented By Luis Aguilar
Trustee(s):
Lynda T. Bui (TR) Pro Se
11:00 AM
Hrg on Chapter 7 Trustee's Motion to Substantively Consolidate Moises & Martha Alvarez, Floortastic Incorporated and Inland Empire Flooring into the bankruptcy estate of Professional Flooring Installation, Inc
(Cont from 11/6/18) EH
Docket 34
- NONE LISTED -
Debtor(s):
Professional Flooring Installation Represented By
Todd L Turoci
Trustee(s):
Todd A. Frealy (TR) Represented By Leonard M Shulman Brandon J Iskander
11:00 AM
Hrg. on Trustee's Objection filed 11/1/18 to Claim #3 filed by Cavalry SPV I, LLC EH
Docket 64
Tentative for 12/4/18 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
William P VanDerWeele Represented By Sundee M Teeple
Trustee(s):
Robert Whitmore (TR) Represented By Cathy Ta Caroline Djang
11:00 AM
Hrg. on Trustee's Objection filed 11/1/18 to Claim #4 filed by Cavalry SPV I, LLC EH
Docket 65
Tentative for 12/4/18 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
William P VanDerWeele Represented By Sundee M Teeple
Trustee(s):
Robert Whitmore (TR) Represented By Cathy Ta Caroline Djang
11:00 AM
Hrg. on Trustee's Final Report and Applications for Compensation EH
Docket 43
Tenative for 12/04/18 is to APPROVE.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Timothy J. Gordon Represented By Keith Q Nguyen
Joint Debtor(s):
April L. Gordon Represented By Keith Q Nguyen
Trustee(s):
Todd A. Frealy (TR) Pro Se
11:00 AM
Hrg. on Motion for order determining value of collateral EH
Docket 27
- NONE LISTED -
Debtor(s):
Carlos R. Garcia Represented By Keith Q Nguyen
Joint Debtor(s):
Margarita Garcia Represented By Keith Q Nguyen
Trustee(s):
Karl T Anderson (TR) Represented By Hydee J Riggs
1:30 PM
Adv#: 6:18-01088 Frazer v. 395 Lampe, LLC
STATUS CONFERENCE re: Complaint by Helen R Frazer against 395 Lampe, LLC for: 1. Violation of the Automatic Stay [11 U.S.C. Section 362(A)(1), 362(A)
(3) and 362(K)]; 2. Temporary Restraining Order and Preliminary Injunction; 3.
Breach of Fiduciary Duty; and 4. Declaratory Relief (Advanced from 12/5/18 calendar)
EH
Docket 1
- NONE LISTED -
Debtor(s):
DESERT RANCH LLLP Represented By Jenny L Doling Summer M Shaw
Defendant(s):
395 Lampe, LLC Pro Se
Plaintiff(s):
Helen R Frazer Represented By Laurel R Zaeske
Trustee(s):
Helen R. Frazer (TR) Represented By Laurel R Zaeske
1:30 PM
Adv#: 6:18-01088 Frazer v. 395 Lampe, LLC
Hrg. on Defendant's Motion filed 10/11/18 For Summary Judgment EH
(Advanced from 12/5/18 calendar)
Docket 54
- NONE LISTED -
Debtor(s):
DESERT RANCH LLLP Represented By Jenny L Doling Summer M Shaw
Defendant(s):
395 Lampe, LLC Represented By
Mark H Gunderson Laurel R Zaeske Jenny L Doling
Plaintiff(s):
Helen R Frazer Represented By Laurel R Zaeske
Trustee(s):
Helen R. Frazer (TR) Represented By Laurel R Zaeske
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 11/5/18 Between Debtor and Toyota Motor Credit Corporation, in the amount of $ 6,373.75
Re: 2007 Honda Odyssy, VIN: 5FNRL38767B412436
EH
Docket 8
- NONE LISTED -
Debtor(s):
Rhonda Gaye Hood Pro Se
Joint Debtor(s):
Joe Earl Hood Pro Se
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
Hrg on approval of Reaffirmation Agreement filed 10/25/18 Between Debtor and Santander Consumer USA, Inc., in the amount of $ 26,397.59
Re: 18 Nissan Altima - VIN: 1N4AL3AP3JC135245
Docket 21
- NONE LISTED -
Debtor(s):
Crabrill C Williams Pro Se
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 11/15/18 Between Debtor and American Honda Finance Corp., in the amount of $ 2,674.82
Re: 2014 Honda CRV
Docket 12
- NONE LISTED -
Debtor(s):
Susana Fuente Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
1:30 PM
Adv#: 6:18-01088 Frazer v. 395 Lampe, LLC
STATUS CONFERENCE re: Complaint by Helen R Frazer against 395 Lampe, LLC for: 1. Violation of the Automatic Stay [11 U.S.C. Section 362(A)(1), 362(A)
(3) and 362(K)]; 2. Temporary Restraining Order and Preliminary Injunction; 3.
Breach of Fiduciary Duty; and 4. Declaratory Relief (Cont. from 10/3/18)
EH
Docket 1
Tentative for 12/5/18:
The Court is closed on December 5, 2018, in observance of the national day of mourning in honor of President George H. W. Bush. No hearings will be held and the Courthouse will be closed.
This matter is ADVANCED by one day to December 4, 2018, at 1:30 p.m. Today's hearing is VACATED and no appearance may be made.
Debtor(s):
DESERT RANCH LLLP Represented By Jenny L Doling Summer M Shaw
Defendant(s):
395 Lampe, LLC Pro Se
1:30 PM
Plaintiff(s):
Helen R Frazer Represented By Laurel R Zaeske
Trustee(s):
Helen R. Frazer (TR) Represented By Laurel R Zaeske
1:30 PM
Adv#: 6:18-01088 Frazer v. 395 Lampe, LLC
Hrg. on Defendant's Motion filed 10/11/18 For Summary Judgment EH
Docket 54
Tentative for 12/5/18:
The Court is closed on December 5, 2018, in observance of the national day of mourning in honor of President George H. W. Bush. No hearings will be held and the Courthouse will be closed.
This matter is ADVANCED by one day to December 4, 2018, at 1:30 p.m. Today's hearing is VACATED and no appearance may be made.
Debtor(s):
DESERT RANCH LLLP Represented By Jenny L Doling Summer M Shaw
Defendant(s):
395 Lampe, LLC Represented By
Mark H Gunderson Laurel R Zaeske Jenny L Doling
Plaintiff(s):
Helen R Frazer Represented By
1:30 PM
Trustee(s):
Laurel R Zaeske
Helen R. Frazer (TR) Represented By Laurel R Zaeske
1:30 PM
Hrg. on general counsel for alleged Debtor's motion filed 9/27/17 for Attorneys' Fees, Cost and Damages Pursuant to 11 U.S.C. 303(i)
(Cont. from 6/19/18) EH
Docket 111
Tentative for 12/05/18:
The Court has received and reviewed the filed status reports [Dks. 185-186] and will CONTINUE this matter to April 17, 2019, at 1:30 p.m. as a holding date. A status report is due 14 days in advance.
The Court is closed on December 5, 2018, in observance of the national day of mourning in honor of President George H. W. Bush. No hearings will be held and the Courthouse will be closed.
Accordingly, today's hearing is VACATED and no appearance may be made. If the parties wish to continue this matter to a different date, they may file a stipulation to that effect.
**************************************************************************** Tentative for 6/19/18:
The Court has received and reviewed the status reports and related documents filed by the parties [Dks. 177-183]. This matter is CONTINUED to December 5, 2018. If the state court matter concludes prior to the continued hearing date, the parties may request an earlier hearing date. A single, joint status report is due 14 days prior to the continued hearing date. The parties are to cooperate in the preparation of the joint status report.
1:30 PM
Appearances are excused.
**************************************************************************** Tentative for 2/20/18:
This matter will be continued to a later date to allow for resolution of the pending state court action before this Court decides whether and in what amount to award fees, costs, and/or damages. The Court will enter an order providing a continued hearing date and additional instructions to the parties.
The hearing on this matter scheduled for 2/20/18 at 1:30 p.m. is VACATED.
Debtor(s):
Stanton Place 2014, LLC Represented By Robert M Yaspan
10:00 AM
Adv#: 8:18-01176 Marshack, Ch 7 Trustee v. Castanon
STATUS CONFERENCE Hearing RE: Complaint For:
Breach Of Fiduciary Duty
Conversion
Neglience
Waste of Corporate Assets (Complaint filed 9/14/18)
Docket 1
- NONE LISTED -
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Defendant(s):
Michael E Castanon Pro Se
Plaintiff(s):
Richard A Marshack, Ch 7 Trustee Represented By
Marsha A Houston
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays David Wood Kyra E Andrassy
10:00 AM
Jeffrey I Golden Beth Gaschen
11:00 AM
Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses:
(Final Report filed 10/25/18)
[RE: JEFFREY I. GOLDEN - Chapter 7 Trustee] [Fees: $18,494.82; Expenses: $214.51]
[RE: DANNING GILL DIAMOND & KOLLITZ - Attorney For Chapter 7 Trustee]
[Fees: $247,078.65; Expenses: $8,719.41]
[RE: HAHN FIFE & COMPANY, LLC - Accountant For Chapter 7 Trustee] [Fees: $2,436.00; Expenses: $355.30]
[FORCE 10 PARTNERS - Expert Witness For Chapter 7 Trustee] [Fees: $16,217.50; Expenses: $0.00]
Docket 119
Tentative for 12/5/18:
The Court is closed on December 5, 2018, in observance of the national day of mourning in honor of President George H. W. Bush. No hearings will be held and the Courthouse will be closed.
This matter is CONTINUED to December 19, 2018, at 11:00 a.m. No appearance may be made at today’s hearing.
11:00 AM
Debtor(s):
Sean Michael Edwards Represented By Michael A Wallin
Trustee(s):
Jeffrey I Golden (TR) Represented By Eric P Israel
Michael G D'Alba
11:00 AM
Adv#: 8:18-01176 Marshack, Ch 7 Trustee v. Castanon
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Breach Of Fiduciary Duty
Conversion
Negligence
Waste of Corporate Assets (Complaint filed 9/14/18)
FR: 12-5-18 AT 10:00 a.m.
Docket 1
Tentative for 12/5/18:
The Court is closed on December 5, 2018, in observance of the national day of mourning in honor of President George H. W. Bush. No hearings will be held and the Courthouse will be closed.
This matter is CONTINUED to December 19, 2018, at 11:00 a.m. No appearance may be made at today’s hearing.
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Defendant(s):
Michael E Castanon Pro Se
11:00 AM
Plaintiff(s):
Richard A Marshack, Ch 7 Trustee Represented By
Marsha A Houston
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen
11:00 AM
Adv#: 8:18-01006 Richard A. Marshack, Chapter 7 Trustee, v. Larson et al
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint:
To Determine The Validity, Priority, And Extent Of Liens;
Objecting To Daniel Keith Larson And Erin Ellen Larson [Claim No. 3] Filed On December 21, 2017;
To Surcharge Lienholders For The Expenses Necessary To Perserve Collateral Securing Their Claims; And
Damages For Violations Of Section 807 Of The FDCPA, 15 U.S.C. Section 1692e
(Complaint filed 1/9/18) (PTC set at S/C held 3/8/18) FR: Advanced from 4-18-18; 9-19-18
Docket 1
- NONE LISTED -
Debtor(s):
Dana Kim Shelton Represented By Christopher P Walker
Defendant(s):
Daniel Keith Larson Pro Se
Erin Ellen Larson Pro Se
Peter Kote Pro Se
BANK OF AMERICA, N.A Pro Se
11:00 AM
Plaintiff(s):
Richard A. Marshack, Chapter 7 Represented By
Misty A Perry Isaacson
Trustee(s):
Richard A Marshack (TR) Represented By
Misty A Perry Isaacson
10:00 AM
Motion for relief from stay [Personal Property]
Santander Consumer USA Inc. vs. DEBTOR (Motion filed 10/30/18)
[RE: 2015 Nissan Sentra - VIN No.: 3N1AB7AP9FY261728]
Docket 10
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Kim Ann Nguyen Pro Se
Movant(s):
Santander Consumer USA Inc. Represented By Sheryl K Ith
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
Motion for relief from automatic stay [Real Property]
JPMorgan Chase Bank, National Association vs. DEBTOR (Motion filed 11/14/18)
[RE: 30621 Hunt Club Drive, San Juan Capistrano, CA 92675]
Docket 15
Grant pursuant to 11 U.S.C. §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Tiphanie Jennifere Jordan Represented By Leonard M Shulman
Movant(s):
JPMorgan Chase Bank, National Represented By
Nancy L Lee
Trustee(s):
Richard A Marshack (TR) Pro Se
11:00 AM
Hearing RE: Motion Of Luxury Asset Purchasing International, LLC, 5827 Winland Hills Drive Development Fund, LLC, TD REO Fund, LLC, And CA Real Estate Opportunity Fund III, LLC To Use Property Of Their Estates Under 11
U.S.C. Section 364(b) To Pay Post-Petition Property Taxes (Motion filed 11/15/18)
Docket 684
Tentative for 12/06/18:
The Court requires clarification regarding (1) the status of obtaining entitlements for the Property, and in particular the likelihood that the process will be completed; and (2) the effect of this loan agreement on the Luxury Debtors in the event that the process is not completed and the Property is not able to be sold for the anticipated increased price.
Appearances required.
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok
Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber Michael W Davis Kathy Bazoian Phelps
11:00 AM
Timothy W Evanston
11:00 AM
Hearing RE: Motion For Order Declaring PM Factor's Lien Null And Void As To The Real Property Located At 7537 E. Twinleaf Trail, Orange, California (Motion filed 8/10/18)
(Set for Hearing per Order Entered 10-24-18)
Docket 228
- NONE LISTED -
Debtor(s):
Charles Flowers Harrison Represented By Michael Jones Sara Tidd
Joint Debtor(s):
Martha Isabel Montoya Represented By Michael Jones Sara Tidd
11:00 AM
Hearing RE: Motion For Order Declaring Capital One Bank's Lien Null And Void As To The Real Property Located At 7537 E. Twinleaf Trail, Orange, California (Motion filed 8/10/18)
(Set for Hearing per Order Entered 10-24-18)
Docket 227
- NONE LISTED -
Debtor(s):
Charles Flowers Harrison Represented By Michael Jones Sara Tidd
Joint Debtor(s):
Martha Isabel Montoya Represented By Michael Jones Sara Tidd
11:00 AM
Hearing RE: Notice Of Setting/Increasing Insider Compensation (Notice filed 11/28/18) (Objection filed 11/28/18)
Docket 52
Tentative for 12/06/18:
Appearances required.
Debtor(s):
Kendall Frozen Fruits, Inc. Represented By Steven Werth David S Kupetz
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Wells Fargo Bank vs. DEBTOR, Steven M. Speier, trustee (Motion filed 11/21/18)
Re: 2013 Fiat 500, VIN 3C3CFFGE2DT753493
EH
Docket 26
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Blenda B. Rodriguez Represented By Keith Q Nguyen
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
Law Offices of William E. Windham - movant attorney Motion for Relief from Stay
2012 Orange Liu, LLC vs. DEBTOR (Motion filed 11/29/18)
Re: 909 S. Cucamonga Ave, Ontario 91761 EH
Docket 10
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver and annulment, as requested.
Movant has provided evidence that its action in serving the three day notice after Debtor's bankruptcy case was filed was taken without knowledge of the automatic stay. Further, Debtor has not provided any evidence that annulment is not warranted. Pursuant to 11 USC §362(g), debtor bears the burden of proof on this issue. See also, Souang v. Fularon, 2011 Bankr.
LEXIS 4335 (9th Cir. BAP 2011) ("...the debtor bears the ultimate burden of proving that the request for retroactive relief from the stay should be denied.")
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
10:00 AM
Debtor(s):
Benjamin T Calhoun Represented By James R Selth
Trustee(s):
Steven M Speier (TR) Represented By Robert P Goe
10:00 AM
Lincoln Gardner - movant attorney Motion for Relief from Stay
A-L Financial Corporation vs. DEBTOR (Motion filed 11/15/18)
Re: 2015 Nissan Sentra, VIN No. 3N1AB7AP9FY356306
EH
Docket 18
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Armando Gutierrez-Navarro Represented By
Juan Castillo-Onofre
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
Wright, Finlay, & Zak, LLP - movant attorney Motion for Relief from Stay
Kinecta Federal Credit Union vs. DEBTORS (Motion filed 11/16/18)
Re: 2013 Ford Flex SE Sport Utility Vin # 2FMGK5B83DBD31342 EH
Docket 18
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Lorena Ingram Pro Se
Joint Debtor(s):
Christopher C Ingram Pro Se
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
McCarthy & Holthus, LLP - movant attorney Motion for relief from stay
Select Portfolio Servicing, Inc. vs. DEBTOR\ (Motion filed 11/19/18)
Re: 44665 Arbor Lane, Temecula, CA 92592 EH
Docket 27
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Monica Denice Steward Represented By Gordon L Dayton
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
Kimball, Tirey & St. John LLP - movant attorney Motion for Relief from Stay
Streit dba The Enclave at Menifee vs. DEBTOR (Motion filed 11/20/18)
Re: 30300 Antelope Rd. #1315, Menifee, CA 92584 EH
Docket 12
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Adrieena Phillips Pro Se
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Ford Motor Credit Company, LLC vs. DEBTOR, Steven M. Speier, trustee (Motion filed 11/14/18)
RE: 2017 Ford F250, VIN: 1FT7W2BT2HEE64728
EH
Docket 8
- NONE LISTED -
Debtor(s):
Gloria Mendez Represented By
Rabin J Pournazarian
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
McCarthy & Holthus, LLP - movant attorney Motion for Relief from Stay
JPMorgan Chase Bank vs. DEBTOR (Motion filed 11/16/18)
Re: 1730 Garden Drive, San Bernardino, CA 92404 EH
Docket 9
Tentative for 12/18/18 is to DENY:
Movant seeks relief solely under §362(d)(2), which requires that Debtor have no equity in the property and that the property is not necessary for an effective reorganization (see, §§362(d)(A) and (d)(2)(B)). Here, while there is no dispute that the property is not necessary for a reorganization as Debtor is in a Chapter 7, Movant's declaration indicates equity exists even after application of costs of sale (see, Declaration, ¶11). Thus, relief cannot be granted under §362(d)(2). As Movant did not seek relief under §362(d)(1), the motion is denied.
Appearances required.
Debtor(s):
Mayra Valencia Represented By Frank P Peterson
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
10:00 AM
Law Office of Austin P. Nagel - movant attorney Motion for Relief from Stay
Gateway One Lending & Finance (Motion filed 11/16/18)
Re: 2009 BMW X5
EH
Docket 10
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver and deny as to
§362(d)(2) as Movant's evidence indicates equity exists.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Brittney Nicole Straiton Represented By Terrence J Moore
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
Hrg on approval of Reaffirmation Agreement filed 10/25/18 Between Debtor and Santander Consumer USA, Inc., in the amount of $ 26,397.59
Re: 18 Nissan Altima - VIN: 1N4AL3AP3JC135245
(Cont. on Court's own motion from 12/5/18 calendar)
Docket 21
- NONE LISTED -
Debtor(s):
Crabrill C Williams Pro Se
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 11/15/18 Between Debtor and American Honda Finance Corp., in the amount of $ 2,674.82
Re: 2014 Honda CRV
(Cont. on Court's own motion from 12/5/18 calendar)
Docket 12
- NONE LISTED -
Debtor(s):
Susana Fuente Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 11/5/18 Between Debtor and Toyota Motor Credit Corporation, in the amount of $ 6,373.75
Re: 2007 Honda Odyssy, VIN: 5FNRL38767B412436
(Cont. from 12/5/18)
Docket 8
- NONE LISTED -
Debtor(s):
Rhonda Gaye Hood Pro Se
Joint Debtor(s):
Joe Earl Hood Pro Se
Trustee(s):
Howard B Grobstein (TR) Pro Se
11:00 AM
Hrg. on Trustee's Final Report and Applications for Compensation
Docket 74
Tentative for 12/18/18 is to APPROVE as requested, except that $2,080.00 in fees by Pagter and Perry Isaacson related to employment applications is disallowed.
The "preparation of an application for employment of a professional is a duty generally performed by a trustee without the assistance of an attorney". See In re Garcia, 335 B.R. 717, 725 (B.A.P. 9th Cir. 2005) (where BAP affirmed the denial of fees related to trustee's counsel's employment application in Chapter 7 case, where counsel was retained to negotiate an equity buy back and sell property of the estate). The Firm has not demonstrated that the employment application was not routine, which remains a trustee duty. Id..
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Maria Sonia Moreno Represented By Summer M Shaw
Trustee(s):
Karl T Anderson (TR) Represented By
Misty A Perry Isaacson Wilshire Law Firm
11:00 AM
Brian D Chase
11:00 AM
Hrg. on chapter 7 trustee's Motion filed 11/27/18 (1) Approve Sale of Real Property commonly known as 747 N. San Antonio Avenue, Ontario, California 91762, Free and Clear of Liens and Interests; (2) Approve Payment of Real Estate Brokers' Commissions; and (3) Find that the Buyer is a Good Faith Purchaser within the meaning of 11 U.S.C. Section 363(m); Memorandum of Points and Authorities, Declarations of Howard B. Grobstein, Philip Seymour, Aaron E. de Leest
EH
Docket 68
Tentative is to GRANT. Trustee is to conduct an auction.
Debtor(s):
Sofia Miranda Pro Se
Trustee(s):
Howard B Grobstein (TR) Represented By Aaron E de Leest
11:00 AM
Hrg on Trustee's Final Report and Applications for Compensation EH
Docket 23
Tentative for 12/18/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Blenda B. Rodriguez Represented By Keith Q Nguyen
Trustee(s):
Steven M Speier (TR) Pro Se
11:00 AM
Hrg on Trustee's Final Report and Applications for Compensation EH
Docket 23
Tentative for 12/18/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Darryl D Hewitt Represented By Neil R Hedtke
Joint Debtor(s):
Janice Barbara Hewitt Represented By Neil R Hedtke
Trustee(s):
Steven M Speier (TR) Pro Se
11:00 AM
Hrg. on chapter 7 trustee's Motion filed 11/20/18 for extension of time to file a complaint objecting to discharge
EH
Docket 12
- NONE LISTED -
Debtor(s):
Adelaido Zamudio Represented By Melissa A Raskey
Trustee(s):
Todd A. Frealy (TR) Pro Se
11:00 AM
Hrg. on Debtors' Motion filed 11/20/18 for Order Appointing Next Friend Pursuant to FRBP 1004.1
EH
Docket 10
Tentative for 12/18/18 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Isaura Neumayer Represented By Javier H Castillo
Joint Debtor(s):
William Gordon Neumayer Represented By Javier H Castillo
Trustee(s):
Charles W Daff (TR) Pro Se
1:30 PM
Hrg. on Debtors' Motion filed 11/21/18 to Convert Case From Chapter 11 to 7 or in the alternative to a chapter 13
EH
Docket 137
Tentative for 12/18/18 is to DENY.
On September 18, 2018, at the hearing on the Order to Show Cause why a Chapter 11 Trustee should not be appointed, the Court found neither dismissal nor conversion was in the best interests of creditors and there was cause to appoint a Chapter 11 Trustee. See Dk. 123. The Order appointing a Chapter 11 Trustee was never appealed. This Motion appears to be a collateral attack, in part, on the Order Appointing Chapter 11 Trustee.
Moreover, Debtors have already acknowledged they did not qualify for either Chapter 7 nor Chapter 13 on the Petition Date. As debtors out of possession, they are not entitled to convert their case to Chapter 7. 11 U.S.C. § 1112(a) (1). Debtors have provided no legal authority that they are entitled or even eligible to convert to either 7 or 13, nor have they provided evidence that conversion is in the best interests of creditors.
Appearances required.
Debtor(s):
Mario Antonio Garcia Sr. Represented By Michael J Allison
Joint Debtor(s):
Veronica Bolanos Garcia Represented By
1:30 PM
Trustee(s):
Michael J Allison
Todd A. Frealy (TR) Represented By Monica Y Kim
1:30 PM
Hrg. on Application filed 11/21/18 for Compensation for Michael J Allison, Debtors' Attorney, Period: 1/2/2018 to 11/15/2018, Fee: $28,106.25, Expenses:
$0.00.
EH
Docket 139
Tentative for 12/18/18 is to GRANT except as follows:
The fees requested are reduced by $2,000 on account of compensation requested for what appear to be clerical tasks (such as filing documents). Services that are clerical in nature are properly chargeable to the firm as an overhead expense and not to the bankruptcy estate. In re Sonicblue Inc., 2006 Bankr. LEXIS 1576 (Bankr. N.D. Cal. July 20, 2006). The following services and the supervising of any of the following activities may be clerical in nature: downloading files, indexing, locating and retrieving, filing, electronically filling, organizing, forwarding and serving documents, conducting PACER searches, preparing proofs of service, scheduling or calendaring, and filing and serving pleadings. Id. See also In re Michael J. Schneider, 2007 Bankr. LEXIS 3652 (October 22, 2007) (holding that fees incurred for monitoring and reviewing the docket, calendaring, organizing documents and files, ordering transcripts, locating, retrieving, and distributing documents, serving pleadings and preparing proofs of service, and e-filing and uploading pleadings, must be absorbed by the applicant's firms as an administrative expense).
Appearances are excused.
Debtor(s):
Mario Antonio Garcia Sr. Represented By Michael J Allison
1:30 PM
Joint Debtor(s):
Veronica Bolanos Garcia Represented By Michael J Allison
Trustee(s):
Todd A. Frealy (TR) Represented By Monica Y Kim
1:30 PM
Hrg on Motion for turnover of property of the estate (wages) EH
Docket 144
Tentative for 12/18/18 is to GRANT in part and DENY in part.
The Court has received and reviewed the Motion filed on 11/27/18 [Dk. 144], the Response filed by Baker’s Burgers on 12/4/18 [Dk. 157], and the untimely Opposition filed by Debtors on 12/13/18 [Dk. 161]. The Motion seeks an order requiring turnover of Debtors’ disposable income by Debtors, and if Debtors fail to turn over the funds, directly from Debtors’ employers.
Preliminarily, there is a procedural issue regarding turnover as to the third party employers. A trustee may seek turnover from a debtor via motion, but turnover from a third party requires an adversary proceeding. See Fed. R. Bankr. P. 7001(1); see also, e.g. In re Wheeler Technology, Inc., 139 B.R. 235, 241 (9th Cir. BAP 1992). Parties may waive their right to an adversary proceeding. See, e.g., In re Porrett, 547 B.R. 362, 365 (Bankr. D. Idaho 2016) (citing Cogliano v. Anderson (In re Cogliano), 355 B.R. 792, 806 (B.A.P. 9th Cir. 2006)); see also In re Downey Reg'l Med. Ctr.-Hosp., Inc., 441 B.R. 120, 127 (B.A.P. 9th Cir. 2010) (“[I]f the absence of an adversary proceeding did not cause prejudice, form should not be elevated over substance.”).
Mrs. Garcia's employer, Baker’s Burgers’ Response largely consents to the relief requested (with some reasonable limitations on the form of the order), including determination of turnover as a contested matter rather than an adversary proceeding. Accordingly, the Court is inclined to GRANT the Motion as to Baker’s Burgers, under some of the limitations in the Response and to the extent Debtors’ income from Baker’s Burgers is determined to be disposable.
1:30 PM
Mr. Garcia’s employer, Bottling Group, LLC, has not responded to the Motion. In light of the lack of response, the Court is not inclined to summarily strip Bottling Group, LLC of its right to an adversary proceeding. The Motion is DENIED without prejudice with respect to Bottling Group, LLC.
As to the Debtors, the Court is inclined to GRANT the Motion to the extent the amounts requested are truly disposable income. Debtors’ untimely response argues that Trustee’s calculation of Disposable Income in the Motion (as well as the Disclosure Statement, set for hearing in January) are based on an understated budget that Debtors provided to the Trustee. The Court has concerns regarding the reasonableness of the amounts of the expenses.
Appearances required. Debtors should be prepared to appear and provide sworn testimony regarding their disposable income.
Debtor(s):
Mario Antonio Garcia Sr. Represented By Michael J Allison
Joint Debtor(s):
Veronica Bolanos Garcia Represented By Michael J Allison
Trustee(s):
Todd A. Frealy (TR) Represented By Monica Y Kim
1:30 PM
Hrg. on Chapter 11 Status Conference (Cont. from 9/18/18)
EH
Docket 1
Tentative for 12/18/18 is to CONTINUE to March 19, 2019 at 1:30 p.m.
The Court notes that (1) Debtor provided little to no information about accrued expenses as required by the October 2, 2018 [Dk. 129] order; and (2) that the MOR filed December 13, 2018 [Dk. 151] indicates Debtor operated at a loss for November; however, Debtor apparently had sufficient cash reserves to ensure that all plan payments and operating expenses were made.
For the continued status conference, Debtor is to submit a status report 14 days in advance which complies with the requirements articulated in the confirmation order dated October 2, 2018 [Dk. 129], which remains operative, and which includes providing information about accrued expenses, income and plan payments. Debtor is to continue timely filing all MORs. If the Court finds that Debtor has not made its required plan payments, or has otherwise not complied with the October 2, 2018 order, the Court may convert or dismiss the case at the continued status conference.
Appearances are excused.
Debtor(s):
CompCare Medical, Inc. Represented By
1:30 PM
Todd L Turoci
1:30 PM
Hrg. on Debtor's Motion filed 8/8/18 to Use Cash Collateral (Cont. from 11/27/18)
EH
Docket 5
- NONE LISTED -
Debtor(s):
Lovejoy's Family Moving., Inc., dba Represented By
Illyssa I Fogel
Movant(s):
Lovejoy's Family Moving., Inc., dba Represented By
Illyssa I Fogel
1:30 PM
Hrg. on Debtor's Motion filed 11/14/18 to Value Two Adjacent Parcels of Commercial Real Property Located at 333 and 305 S. Waterman Avenue, San Bernardino, California, 92408, extinguish second and third liens; or in the alternative modify second liens
EH
Docket 47
Tentative for 12/18/18:
Appearances required.
Debtor(s):
Investment Group, LLC Represented By Todd L Turoci
11:00 AM
Hrg. on chapter 7 trustee's Motion filed 9/17/18 to Allow Claim 2 of County of San Bernardino Tax Collector as Fully Secured, Not Entitled to Dividend
(cont. from 11/6/18) EH
(Cont. from 12/4/18)
(Date approved by Chambers)
Docket 41
Tentative for 12/19/18:
Based on the Notice of Continuance filed on 12/5/18 [Dk. 57], and the discussion on the record at the previous hearing, the Court has determined that it appears that proper service has been effected and sufficient notice provided to the Claimant. Having reviewed the Motion [Dk. 41] and the Supplemental Brief [Dk. 52], and noting that no opposition was filed by the deadline of 12/14/18 and Claim No. 2 has not been amended to clarify its defects, the court finds there is good cause to GRANT the Motion as amended by the Supplemental Brief and will DISALLOW Claim No. 2.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
**************************************************************************
Amended tentative for 12/4/18 is to DENY without prejudice for the following
11:00 AM
reasons:
The Court still cannot verify proper service. Movant filed and properly served a Notice of Continuance on November 14, 2018 [Dk. 51]. Movant then filed an Amended Proof of Service on December 3, 2018 [Dk. 56], which indicates that the document served was "Amended Proof of Service Re Motion to Allow Claim No. 2 Filed by County of San Bernardino Tax Collectors as Fully Secured, Not Entitled to A Dividend; Memorandum of Points and Authorities in Support Thereof; Declaration of John P. Pringle." The Amended POS indicates the document was served via NEF on December 3, 2018 and by first class mail on November 14, 2018. However, the Court remains unable to locate evidence that the underlying motion was similarly properly served.
While the original motion seeks to allow the claim as secured but not entitled to a dividend from the Estate, the Supplemental Brief filed on November 14, 2018 [Dk. 52] seeks to disallow the claim in its entirety, and retains the original document title requesting the claim be allowed as fully secured. The inconsistency between the title and relief requested may be misleading, and to the extent that the Supplemental Brief represents an amended motion, it was not served on 30 days notice as required for objections to claim.
Appearances required.
**************************************************************************** Tentative for 12/4/18 is to DENY without prejudice.
Service appears to remain improper. While Movant filed and properly served a Notice of Continuance on November 14, 2018 [Dk. 51], the Court is unable to locate evidence that the underlying motion was similarly properly served.
Appearances required.
****************************************************************************** Tentative is to DENY without prejudice.
Service is improper. The Movant did not serve the San Bernardino Tax Collector
11:00 AM
to the attention of the "clerk, secretary, president, presiding officer, or other head of its governing body." See Cal. Code of Civil Procedure § 416.50.
Where the address listed in the proof of claim form does not comply strictly with Rule 7004, this court requires claim objections to be served to both the address on the proof of claim and the address required for service under Rule 7004. See Judge Clarkson’s Instructions and Procedures posted on the court website.
FRBP 7004(b)(6) provides that service "[u]pon a state or municipal corporation or other governmental organization" must be made in accordance with the applicable state law. California Code of Civil Procedure § 416.50 requires that a public entity must be served with process to the attention of the "clerk, secretary, president, presiding officer, or other head of its governing body."
The objection to claim does not serve the tax collector (just served the office of tax collector) in the manner prescribed by California state law, and therefore service is improper.
In addition, the Court has one substantive concern regarding this Motion. Trustee represents that the claim is fully secured. However, the filed proof of claim indicates the claim is only partially secured ($1,774.35 out of the total $3,179.12) and the unsecured portion is entitled to priority. The exhibits to the proof of claim are internally inconsistent as to what, if any, portion of the claim is secured, unsecured, and/or subject to priority. Any renewed motion should explain in detail Trustee's reasoning for treating the claim as fully secured.
Appearances required.
Debtor(s):
Nathan Bert Gladney Represented By Julie Philippi Todd L Turoci
Joint Debtor(s):
11:00 AM
Doreen Ann Gladney Represented By Julie Philippi Todd L Turoci
Trustee(s):
John P Pringle (TR) Represented By Leonard M Shulman Brandon J Iskander
1:30 PM
Adv#: 6:13-01205 Navarro v. Robertson et al
STATUS CONFERENCE re: Complaint to determine non-dischargeability of debt [11 USC Sec 523(a)(2), (4) and (6)]
(Cont. from 9/12/18) EH
Docket 1
- NONE LISTED -
Debtor(s):
Linda Sue Robertson Pro Se
Defendant(s):
Linda Sue Robertson Represented By Thomas J Polis
Denny Robertson Represented By Thomas J Polis
Plaintiff(s):
Jorge Navarro Represented By Edgar P Lombera
1:30 PM
Trustee(s):
Todd A. Frealy (TR) Pro Se
1:30 PM
Adv#: 6:18-01088 Frazer v. 395 Lampe, LLC
Hrg. on Plaintiff and Cross-Defendant, Helen Frazer, chapter 7 trustee's Motion filed 11/15/18 to Dismiss Second Claim for Relief in Amended Counterclaim
EH
Docket 68
Tentative for 12/19/18:
Appearances required.
Debtor(s):
DESERT RANCH LLLP Represented By Jenny L Doling Summer M Shaw
Defendant(s):
395 Lampe, LLC Represented By
Mark H Gunderson Laurel R Zaeske Jenny L Doling
Plaintiff(s):
Helen R Frazer Represented By Laurel R Zaeske
Trustee(s):
Helen R. Frazer (TR) Represented By Laurel R Zaeske
1:30 PM
Adv#: 6:18-01088 Frazer v. 395 Lampe, LLC
STATUS CONFERENCE re: Complaint by Helen R Frazer against 395 Lampe, LLC for: 1. Violation of the Automatic Stay [11 U.S.C. Section 362(A)(1), 362(A)(3) and 362(K)]; 2. Temporary Restraining Order and Preliminary Injunction; 3. Breach of Fiduciary Duty; and 4. Declaratory Relief
EH
(Cont. from 12/4/18)
Docket 1
Tentative for 12/19/18:
The parties are to appear and be prepared to discuss the following proposed dates/deadlines:
Discovery cutoff: March 29, 2019. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: April 30, 2019. Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial conference: June 12, 2019 at 1:30 p.m.
The parties are specifically advised to cooperate and follow all applicable local and federal rules. The failure to do so may result in the imposition of monetary or non-monetary sanctions, including the dismissal of the action or striking of the answer.
Plaintiff is to lodge a scheduling order within seven (7) days.
1:30 PM
Debtor(s):
DESERT RANCH LLLP Represented By Jenny L Doling Summer M Shaw
Defendant(s):
395 Lampe, LLC Pro Se
Plaintiff(s):
Helen R Frazer Represented By Laurel R Zaeske
Trustee(s):
Helen R. Frazer (TR) Represented By Laurel R Zaeske
1:30 PM
Adv#: 6:17-01253 Zamora et al v. Rodriguez
STATUS CONFERENCE re: Complaint by Hilda H Zamora, Caronna, Johnson & Zamora, LLP against Gabriella Rodriguez - 523(a)(5), (a)(15)
EH
(Per Chambers SC and PTC both set for 12/19/18)
Docket 1
Tentative for 12/19/18:
This matter will come off calendar in light of the Court's tentative for Calendar No. 12 to set a trial date.
Debtor(s):
Gabriela Rodriguez Represented By Edgar P Lombera
Defendant(s):
Gabriella Rodriguez Pro Se
Plaintiff(s):
Hilda H Zamora Represented By Leonard J Cravens
Caronna, Johnson & Zamora, LLP Represented By
Leonard J Cravens
Trustee(s):
Lynda T. Bui (TR) Pro Se
1:30 PM
Adv#: 6:17-01253 Zamora et al v. Rodriguez
PRE-TRIAL CONFERENCE re: Complaint by Hilda H Zamora, Caronna, Johnson & Zamora, LLP against Gabriella Rodriguez - 523(a)(5), (a)(15)
EH
(Cont. from 10/3/18)
(Per Chambers SC and PTC both set for 12/19/18)
Docket 1
Tentative for 12/19/18:
The Court has received and reviewed the joint pretrial statement filed on 12/5/18 [Dk. 38] ("Pretrial Statement"), as well as the status report filed on 12/5/18 [Dk. 37].
The Court notes that the Pretrial Statement indicates that "Attached is a list of Documents the parties intend to use at trial." pg. 5:17-20. While no such list appears to be attached, there are eight documents attached as exhibits. The parties should clarify at the hearing whether the attached exhibits are intended to be the "list" of documents for trial or if there are additional anticipated exhibits not identified in the stipulation.
The Court is inclined to set this matter for trial on March 26, 2019 at 9:30 a.m.
Appearances are required in Santa Ana. No telephonic appearances are permitted.
Debtor(s):
Gabriela Rodriguez Represented By
1:30 PM
Edgar P Lombera
Defendant(s):
Gabriella Rodriguez Pro Se
Plaintiff(s):
Hilda H Zamora Represented By Leonard J Cravens
Caronna, Johnson & Zamora, LLP Represented By
Leonard J Cravens
Trustee(s):
Lynda T. Bui (TR) Pro Se
1:30 PM
Adv#: 6:18-01197 Simons (TR) v. Forrest et al
STATUS CONFERENCE re: Complaint by Larry D. Simons (TR) against Sarah E. Forrest, Marcos Garcia - 547, 548 and Injunctive relief and Declaratory judgment
Docket 1
Tentative for 12/19/18:
This matter is continued to March 21, 2019 at 1:30 p.m. A status report is due 14 days in advance.
Plaintiff is to file his motion for default judgment by no later than January 15, 2019 and may have it determined without a hearing in accordance with all applicable local rules or may set it for hearing, at Plaintiff's election. Absent any articulated exigency, the Court will not consider the motion on an ex parte basis.
Appearances are excused.
Debtor(s):
Thomas John Forrest Represented By Jacqueline D Serrao
Defendant(s):
Sarah E. Forrest Pro Se
Marcos Garcia Pro Se
Plaintiff(s):
Larry D. Simons (TR) Represented By Wesley H Avery
1:30 PM
Trustee(s):
Larry D Simons (TR) Represented By Wesley H Avery
1:30 PM
Adv#: 6:18-01169 Merchants Acquisition Group, LLC v. Bruno
STATUS CONFERENCE re: complaint by Merchants Acquisition Group, LLC against Agustin Bruno - 523(a)(2)
(Cont. from 11/7/18) EH
Docket 1
- NONE LISTED -
Debtor(s):
Agustin Bruno Represented By Lionel E Giron
Defendant(s):
Agustin Bruno Pro Se
Plaintiff(s):
Merchants Acquisition Group, LLC Represented By
Richard W Snyder
Trustee(s):
John P Pringle (TR) Pro Se
1:30 PM
Adv#: 6:18-01175 Huang v. Wang
Hrg. on Plaintiff's Motion filed 11/13/18 for Default Judgment Under LBR 7055-1 EH
Docket 12
Tentative for 12/19/18 is to CONTINUE to February 6, 2019 at 1:30 p.m. to allow Plaintiff to supplement the motion for default judgment, as set forth below.
The entry of default against a defendant does not automatically entitle a plaintiff to judgment. See Valley Oak Credit Union v. Villegas (In re Villegas), 132 B.R. 742, 746 (9th Cir. BAP 1991). Rule 55(b)(2) requires a plaintiff to apply to the court for a default judgment. The court has broad discretion under Rule 55(b)(2) to "conduct such hearings . . . as it deems necessary and proper" in order to "establish the truth of any averment by evidence. " Under this rule, the court
may require a plaintiff to demonstrate a prima facie case by competent evidence in a prove-up trial to obtain a default judgment. See Villegas, 132 B.R. at 746; TeleVideo Systems Inc. v. Heidenthal, 826 F.2d 915, 917 (9th Cir. 1987).
The court has wide discretion under Rule 55 to consider whether the evidence presented supports a claim and warrants judgment for the plaintiff. See Wells Fargo Bank v. Beltran (In re Beltran), 182 B.R. 820, 823–24 (9th Cir. BAP 1995); Villegas, 132 B.R. at 746; see generally 10A Charles Alan Wright, Arthur
R. Miller & Mary Kay Kane, Federal Practice and Procedure: Civil § 2685 (3d ed.1998).
Here, first, the Plaintiff may not rely on the collateral estoppel effect of the underlying state court action because the underlying state court action included breach of contract and negligent causes of action. The state court judgment did not specify or apportion the damages and, while Plaintiff has asserted that all damages were fraud-based, there is no evidence in the record supporting that
1:30 PM
contention. For instance, the declarations submitted in support of the state court judgment, or a transcript of the hearing, which would have indicated what the state court considered when awarding its judgment, were not provided.
Second, the allegations in the adversary complaint are not specific enough to warrant a nondischargeability judgment in the amount sought. FRCP 9(b) requires when alleging fraud "a party must state with particularity the circumstances constituting fraud…" Fed. R. Civ. P. 9(b). "Rule 9(b) demands that the circumstances constituting the alleged fraud ‘be ‘specific enough to give defendants notice of the particular misconduct…so that they can defend against the charge and not just deny that they have done anything wrong.’’ Averments of fraud must be accompanied by ‘the who, what, when, where, and how’ of the misconduct charged. A party alleging fraud must ‘set forth more than the neutral facts necessary to identify the transaction." Kearns v. Ford Motor Co., 567 F.3d 1120 (9th Cir. 2009) (citing Vess v. Ciba-Geigy Corp. USA, 317 F.3d 1097 (9th Cir. 2003) and In re GlenFed, Inc. Sec. Litig., 42 F.3d 1541, 1548 (9th Cir.
1994), superceded by statute on other grounds). "‘While statements of the time, place and nature of the alleged fraudulent activities are sufficient, mere conclusory allegations of fraud are insufficient.’ Moore v. Kayport Package Express, 885 F.2d 531, 540 (9th Cir. 1989)." Hudson v. Sherwood Sec. Corp.,
1991 U.S. App. LEXIS 30612, 5-6 (9th Cir. Dec. 24, 1991).
The Complaint makes broad descriptions of statements or omissions made by Defendant to Plaintiff. For example, "Defendant Wang made multiple misrepresentations to Plaintiff regarding the progress of the restaurant venture; concealed material facts regarding restaurant-related finances, the termination of the restaurant lease, and failed to disclose his use of Plaintiff’s funds for other than the restaurant venture, that he was withdrawing her funds without authorization, and that the lessor had terminated the lease for failure to submit required restaurant construction plans" and "misleading statements to Plaintiff about his expertise in the restaurant business, the progress of the restaurant venture. . ." Complaint, pg. 7:23-10, 13-15.
1:30 PM
However, while the parties involved and the general nature of statements or omissions are described, the specific misrepresentations and their timing are not clear. In fact, the majority of the misrepresentations and omissions alleged appear to have occurred after Plaintiff paid Defendant, i.e. after reliance. The only representations that clearly occurred before Plaintiff paid Defendant are regarding Defendant’s expertise in the restaurant industry, but there are no allegations indicating these statements are false. Without more specific information regarding when the false representations upon which Plaintiff relied were made, the Court cannot effectively evaluate whether Defendant had fraudulent intent at the time the representation was made.
Accordingly, Plaintiff may file supplemental papers by no later than January 16, 2019, with appropriate evidence of the basis for the state court’s ruling or evidence that more clearly describes the specific statements made upon which Plaintiff relied, the timing of those statements, and the intent with which Defendant made those statements.
Appearances are excused.
Debtor(s):
Hao Wang Represented By
Sam X J Wu
Defendant(s):
Hao Wang Pro Se
Plaintiff(s):
Sufen Huang Represented By
Ronald J Sokol
Trustee(s):
Arturo Cisneros (TR) Pro Se
1:30 PM
Adv#: 6:18-01175 Huang v. Wang
STATUS CONFERENCE re: Complaint by Sufen Huang against Hao Wang - 523(a)(2)
EH
(Cont. from 11/28/18)
Docket 1
Tentative for 12/19/18 is to CONTINUE to February 6, 2019 at 1:30 p.m.
Appearances are excused.
Debtor(s):
Hao Wang Represented By
Sam X J Wu
Defendant(s):
Hao Wang Pro Se
Plaintiff(s):
Sufen Huang Represented By
Ronald J Sokol
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
Adv#: 8:18-01191 Marshack v. Bank of America, N.A. et al
Hearing RE: Motion To Dismiss Adversary Complaint As To Clear Recon Corp For Failure To State A Claim Upon Which Relief Can Be Granted
(Motion filed 11/19/18)
Docket 10
- NONE LISTED -
Debtor(s):
Michael Louis Hollander Represented By Joseph M Tosti
W. Sloan Youkstetter
Defendant(s):
Bank of America, N.A. Represented By Adam N Barasch
Clear Recon Corp. Represented By Jonathan C Cahill
Joint Debtor(s):
Susan Waxman Hollander Represented By Joseph M Tosti
W. Sloan Youkstetter
Plaintiff(s):
Richard A. Marshack Represented By David M Goodrich
Dennise S Henderson
10:00 AM
Trustee(s):
Richard A Marshack (TR) Represented By David M Goodrich
Dennise S Henderson
10:00 AM
Adv#: 8:17-01159 Marshack v. American Express Bank FSB et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Turnover And Avoidance Of Preferential Transfers And Recovery Of The Value Of Such Transfers
(Complaint filed 10/7/17)
FR: 1-24-18; 4-18-18; 8-1-18;10-17-18; 10-24-18
Docket 1
Tentative for 12/19/18:
The Court has received and reviewed the Unilateral Status Report filed on December 9, 2018 [Dk. 21], which indicates that the matter has settled, and notes that an order approving compromise was entered in the main case on December 10, 2018 [Dk. 57]. Thus, this matter is CONTINUED to March 6, 2019 at 11:00 a.m. as a holding date.
Appearances are excused.
************************************************************************* Tentative for 10/24/18:
The Court has received and reviewed the unilateral status report filed 10/17/18 [Dk. 18], which represents that this matter has been settled and a 9019 motion is pending. Thus, this status conference is CONTINUED to December 19, 2018 at 10:00 a.m. as a holding date. A status report is due 14 days in advance if a 9019 motion has not been filed and resolved and this adversary dismissed by that time.
Appearances are excused.
****************************************************************************
10:00 AM
Tentative for 8/1/18:
The Court has received and reviewed the unilateral status report filed 7/23/18 [Dk. 12]. This matter is CONTINUED to October 17, 2018 at 10:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
******************************************************************************** Tentative for 4/18/18:
The Court has received and reviewed the unilateral status report filed 4/09/18 [Dk. 10]. This matter is CONTINUED to August 1, 2018 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
************************************************************************** Tentative for 1/24/18:
The Court has received and reviewed the unilateral status report filed in 1/14/18 [Dk. 8], which represents that the Trustee has reached a settlement with two of the three defendants and will seek entry of default and default judgment against the third. Accordingly, the status conference is CONTINUED to 4/18/18 at 10:00 a.m.
Appearances are excused.
Debtor(s):
Lilibeth Del Rosario Represented By Mark D Klein
Defendant(s):
American Express Bank FSB Pro Se
JP Morgan Chase Bank Pro Se
10:00 AM
Credit First Pro Se
Joint Debtor(s):
Aristotle Perlas Del Rosario Represented By Mark D Klein
Plaintiff(s):
Richard A Marshack Represented By Anerio V Altman
Trustee(s):
Richard A Marshack (TR) Represented By Anerio V Altman
10:00 AM
Adv#: 8:18-01112 Golden, Chapter 7 Trustee v. Bang et al
Hearing RE: Motion To Dismiss Plaintiff's First Amended Complaint By Defendant Wells Fargo Bank, N.A.
(Motion filed 11/20/18)
Docket 22
- NONE LISTED -
Debtor(s):
Du Sik Kang Represented By
Jisoo Hwang
Defendant(s):
Ik Soo Bang Represented By
Young K Chang
Hye Young Bang Represented By Young K Chang
Ik Soo Bang, Hye Young Bang, as Pro Se
Wells Fargo & Company Represented By Sheri Kanesaka
Plaintiff(s):
Jeffrey I. Golden, Chapter 7 Trustee Represented By
Noreen A Madoyan
Trustee(s):
Jeffrey I Golden (TR) Represented By
10:00 AM
Noreen A Madoyan
10:00 AM
Adv#: 8:17-01110 Hashemi v. U.S. Department of Education et al
CONT'D STATUS CONFERENCE Hearing RE: First Amended Complaint For: Determination That Student Loan Debt Is Dischargeable Pursuant To 11 U.S.C. Section 523(a)(8)
(Complaint filed 6/27/17) (Another Summons issued 7/14/17) (PTC set at S/C held 10/18/17)
(S/C set per Order Entered 5-30-18)
(J.P. Morgan Chase Bank, N.A. - Dismissed - See docket no. [14]) (Judgment Pursuant To Stipulation - U.S. Department of Education - See docket No. [34])
FR: 3-14-18; 5-30-18; 7-18-18
Docket 48
- NONE LISTED -
Debtor(s):
Suzon Hashemi Represented By Christine A Kingston
Defendant(s):
U.S. Department of Education Represented By Elan S Levey
PNC Bank, N.A. Pro Se
Deutsche Bank ELT Navient & SLM Pro Se
10:00 AM
Plaintiff(s):
Suzon Hashemi Represented By Christine A Kingston
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
Adv#: 8:17-01110 Hashemi v. U.S. Department of Education et al
CONT'D PRE-TRIAL CONFERENCE Hearing RE: First Amended Complaint For: Determination That Student Loan Debt Is Dischargeable Pursuant To 11 U.S.C. Section 523(a)(8)
(Complaint filed 6/27/17) (Another Summons issued 7/14/17) (PTC set at S/C held 10/18/17)
(S/C set per Order Entered 5-30-18)
(J.P. Morgan Chase Bank, N.A. - Dismissed - See docket no. [14]) (Judgment Pursuant To Stipulation - U.S. Department of Education - See docket No. [34])
FR: 3-14-18; 5-30-18; 7-18-19
Docket 48
- NONE LISTED -
Debtor(s):
Suzon Hashemi Represented By Christine A Kingston
Defendant(s):
U.S. Department of Education Represented By Elan S Levey
PNC Bank, N.A. Pro Se
Deutsche Bank ELT Navient & SLM Pro Se
10:00 AM
Plaintiff(s):
Suzon Hashemi Represented By Christine A Kingston
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
Adv#: 8:17-01110 Hashemi v. U.S. Department of Education et al
Hearing RE: Plaintiff's Motion For Default Judgment Against PNC Bank, N.A.
Under LBR 7055-1
(Motion filed 11/14/18)
Docket 80
Tentative for 12/19/18:
This matter is DENIED without prejudice.
While PNC has not appeared in this matter and default has been entered, the factual basis for the claims against PNC and the remaining defendants, (Educational Credit Management Corporation and Navient Solutions, LLC), are all identical. The Court will not make piecemeal findings and/or enter piecemeal judgments on joint or overlapping claims or claims with an identical factual basis (which is distinct from approval of a stipulated resolution, as occurred with two other defendants, J.P. Morgan Chase and the United States Department of Education).
Appearances are excused.
Debtor(s):
Suzon Hashemi Represented By Christine A Kingston
Defendant(s):
U.S. Department of Education Represented By Elan S Levey
10:00 AM
PNC Bank, N.A. Pro Se
Educational Credit Management Represented By
Scott A Schiff
Plaintiff(s):
Suzon Hashemi Represented By Christine A Kingston
Trustee(s):
Richard A Marshack (TR) Pro Se
11:00 AM
Adv#: 8:18-01176 Marshack, Ch 7 Trustee v. Castanon
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Breach Of Fiduciary Duty
Conversion
Negligence
Waste of Corporate Assets (Complaint filed 9/14/18)
FR: 12-5-18 AT 10:00 a.m.; 12-5-18
Docket 1
Tentative for 12/19/18 is to set the following dates/deadlines:
Discovery cutoff: April 30, 2019. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: June 14, 2019. Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial conference: July 17, 2019 at 11:00 a.m.
The parties are specifically advised to cooperate and follow all applicable local and federal rules. The failure to do so may result in the imposition of monetary or non-monetary sanctions, including the dismissal of the action or striking of the answer.
Plaintiff is to lodge a scheduling order within seven (7) days.
***************************************************************************** Tentative for 12/5/18:
11:00 AM
The Court is closed on December 5, 2018, in observance of the national day of mourning in honor of President George H. W. Bush. No hearings will be held and the Courthouse will be closed.
This matter is CONTINUED to December 19, 2018, at 11:00 a.m. Appearances are excused for today’s hearing.
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Defendant(s):
Michael E Castanon Pro Se
Plaintiff(s):
Richard A Marshack, Ch 7 Trustee Represented By
Marsha A Houston
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen
11:00 AM
CONT'D Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses:
(Final Report filed 10/25/18)
[RE: JEFFREY I. GOLDEN - Chapter 7 Trustee] [Fees: $18,494.82; Expenses: $214.51]
[RE: DANNING GILL DIAMOND & KOLLITZ - Attorney For Chapter 7 Trustee] [Fees: $247,078.65; Expenses: $8,719.41]
[RE: HAHN FIFE & COMPANY, LLC - Accountant For Chapter 7 Trustee] [Fees: $2,436.00; Expenses: $355.30]
[FORCE 10 PARTNERS - Expert Witness For Chapter 7 Trustee] [Fees: $16,217.50; Expenses: $0.00]
FR: 12-5-18
Docket 119
Tentative for 12/19/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.
Trustee to lodge an order within seven (7) days.
**************************************************************************** Tentative for 12/5/18:
11:00 AM
The Court is closed on December 5, 2018, in observance of the national day of mourning in honor of President George H. W. Bush. No hearings will be held and the Courthouse will be closed.
This matter is CONTINUED to December 19, 2018, at 11:00 a.m. Appearances are excused for today’s hearing.
Debtor(s):
Sean Michael Edwards Represented By Michael A Wallin
Trustee(s):
Jeffrey I Golden (TR) Represented By Eric P Israel
Michael G D'Alba
11:00 AM
Hearing RE: Trustee's Motion Objecting To Claim: (Motion filed 11/8/18)
Claim No. 13 Miguel Cedillos $18,509.54
Docket 1262
Tentative for 12/19/18 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
DRI Companies Represented By Todd C. Ringstad
Christopher Minier Brian R Nelson
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays Chad V Haes Kyra E Andrassy Judith E Marshack
Leonard M Shulman Melissa Davis Lowe
11:00 AM
Adv#: 8:17-01054 Wagner et al v. Coronado
CONT'D PRE-TRIAL CONFERENCE Hearing RE: First Amended Complaint Objecting To The Dischargeability Of Debts Owed To The Plaintiffs Under 11
U.S.C. Section 523 (Complaint filed 4/17/17)
(First Amended Complaint filed 7/17/17) (PTC set at S/C held 8/16/17)
FR: 4-18-18; 7-18-18; 9-19-18
Docket 13
- NONE LISTED -
Debtor(s):
Jaime Xavier Coronado Represented By Nathan Fransen
Defendant(s):
Jaime Xavier Coronado Represented By Nathan Fransen
Plaintiff(s):
Franz Wagner Represented By David Wood
Ron Dewalt Represented By
David Wood
Mark John Le Represented By
David Wood
11:00 AM
Am Thi Le Represented By
David Wood
Thu Van Le Represented By
D Edward Hays David Wood
Trustee(s):
Jeffrey I Golden (TR) Pro Se
10:00 AM
Hearing RE: Motion For Relief From The Automatic Stay To Permit Setoff And Application Of Deposit Account Funds
(Motion filed 11/29/18)
Docket 29
- NONE LISTED -
Debtor(s):
Tim M. McKenna Represented By Michael G Spector
Trustee(s):
Jeffrey I Golden (TR) Pro Se
10:00 AM
Motion for relief from stay [Action In Non-Bankruptcy Forum
Law Offices Of Michelle J. Sukhov, Inc. vs. DEBTOR (Motion filed 11/20/18)
[RE: Case Name: Law Offices Of Michelle J. Sukhov, Inc. v. McKenna General Engineering, Inc.]
[Docket Number: 30-2017-00936728]
[Pending In: Orange County Superior Court, Central Justice Center, 700 Civic Center Drive West, Santa Ana, CA 92701]
Docket 26
Tentative for 12/20/18 is to DENY the Motion without prejudice.
Movant seeks relief from the automatic stay to proceed in a non-bankruptcy forum on claims of quantum meruit and declaratory relief seeking payment from the Debtor and various other defendants for unpaid attorneys' fees. See Motion, Dk. 26, Ex. A. On 12/6/18, the Chapter 7 Trustee filed an Opposition [Dk. 46], requesting the Motion be denied for lack of cause because there is insufficient evidence that the case was filed in bad faith and that the nonbankruptcy action could be resolved more expiditiously in the nonbankruptcy forum.
Movant provides no analysis of the Curtis factors in support of its Motion. See Truebro, Inc. v. Plumberex Specialty Products, Inc. (In re Plumberex Specialty Products, Inc.), 311 B.R. 551, 559 (Bankr. C.D. Cal. 2004) (quoting
In re Curtis, 40 B.R. 795, 799-800 (Bankr. D. Utah 1984)).
Moreover, it appears that the Movant has alleged alter ego liability against the Debtor, as well as the Trustee claiming that the Debtor has guaranteed all of the other defendant's possible obligations to the Movant. If that is the case, the claims process within the bankruptcy case seems to be the appropriate
10:00 AM
and most efficient forum to adjudicate the claim.
Appearances required.
Debtor(s):
Tim M. McKenna Represented By Michael G Spector
Trustee(s):
Jeffrey I Golden (TR) Pro Se
10:00 AM
Motion for relief from stay [Personal Property]
Santander Consumer USA, Inc. vs. DEBTOR (Motion filed 11/16/18)
[RE: 2014 Mercedes-Benz C Class - VIN No.: WDDGF4HB9EA932196]
Docket 15
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Delfina Irma Castelan Pro Se
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
Motion for relief from automatic stay [Personal Property]
Nissan Motor Acceptance Corporation vs. DEBTOR (Motion filed 11/14/18)
[RE: 2017 Nissan Pathfinder - VIN No.: 5N1DR2MN4HC643398]
Docket 8
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Carlos Gregorio Maa Represented By Rachelle Shakoori
Movant(s):
NISSAN MOTOR ACCEPTANCE Represented By
Michael D Vanlochem
Trustee(s):
Jeffrey I Golden (TR) Pro Se
10:00 AM
Motion for relief from stay [Personal Property]
Cab West, LLC vs. DEBTOR (Motion filed 11/9/18)
[RE: 2017 Ford Fusion - VIN: 3FA6P0PU4HR180082]
Docket 9
Grant pursuant to 11 U.S.C. §362(d)(1) with 4001(a)(3) waiver.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
John Casillas Represented By
Scott Dicus
Trustee(s):
Jeffrey I Golden (TR) Pro Se
10:00 AM
Motion for relief from stay [Unlawful Detainer]
Mohd Glaiv Imtiaz vs. DEBTOR (Motion filed 12/7/18)
[RE: 971 South Idaho Street, No. 18, La Habra, CA 90631]
Docket 11
- NONE LISTED -
Debtor(s):
David Belasco IV Represented By Erika Luna
Trustee(s):
Richard A Marshack (TR) Pro Se
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: Status Of Chapter 11 Case; And
(2) Requiring Report On Status Of Chapter 11 Case
FR: 12-8-11; 2-16-12; 5-10-12; 7-19-12; 9-20-12; 11-15-12; 5-16-13; 5-23-13;
11-14-13; 4-17-14; 10-30-14; 3-19-15; 8-20-15; 2-11-16; 6-23-16, 5-11-17;
11-16-17; 1-11-8; 2-22-18; 4-12-18; 7-19-18
Docket 1
- NONE LISTED -
Debtor(s):
Pacific Monarch Resorts, Inc. Represented By Scott H Yun
H Alexander Fisch Genevieve G Weiner Danielle A Pham
Trustee(s):
Michael M Ozawa Represented By Sidney P Levinson
William Schumacher
11:00 AM
Hearing RE: Application For Final Fees And/Or Expenses For The Period From July 1, 2017 Through October 31, 2018
(Application filed 11/15/18)
[RE: LAW OFFICES OF DAVID A. TILEM - Attorney For Debtor]
[Fees: $119,995.00; Expenses: $6,011.36]
Docket 255
Tentative for 12/20/18 is to APPROVE less $8,023.25, as noted below.
The Court has received and reviewed the Client's Declaration in response filed 12/13/18 [Dk. 260] and notes that no substantive basis was provided for objecting to the requested fees. The Court, however, has an independent duty to examine the reasonableness of the fees and expenses requested by retained professionals. In re Auto Parts, Inc., 211 B.R. 29, 33 (9th Cir. B.A.P. 1997). Based on its independent review, the Court is inclined to make the reductions listed below.
Reduction for Clerical Work
Applicant billed $520 in fees related to what appears to be the "assembling" of documents, which the Court will not allow. Services that are clerical in nature are properly chargeable to the firm as an overhead expense and not to the bankruptcy estate. In re Sonicblue Inc., 2006 Bankr. LEXIS 1576 (Bankr.
N.D. Cal. July 20, 2006). The following services and the supervising of any of the following activities may be clerical in nature: downloading files, indexing, locating and retrieving, filing, electronically filling, organizing, forwarding and serving documents, conducting PACER searches, preparing proofs of service, scheduling or calendaring, and filing and serving pleadings. Id. See also In re Michael J. Schneider, 2007 Bankr. LEXIS 3652 (October 22, 2007) (Application incurred for monitoring and reviewing the docket, calendaring, organizing documents and files, ordering transcripts, locating, retrieving, and distributing documents, serving pleadings and preparing proofs of service,
11:00 AM
and e-filing and uploading pleadings, which must be absorbed by the applicant's firms as an administrative expense).
Lodestar Reductions
Bankruptcy courts generally apply the lodestar method to assess the reasonableness of fees. In re Morry Waksberg M.D., Inc., 2015 WL 9437343, at *4 (B.A.P. 9th Cir. Dec. 22, 2015) (unpublished) (citation omitted). The lodestar method multiplies the number of hours reasonably expended by a reasonable hourly rate for the person providing the services. Id. See also Gonzalez v. City of Maywood, 729 F.3d 1196, 1202 (9th Cir. 2013).
Applying the relevant factors, the Court finds that the rates charged by Applicant are reasonable, but that the time spent was excessive. The Court is mindful that Applicant was active and ultimately able to achieve confirmation. Even so, however, the fees charged by Applicant are just beyond the range of reasonableness.
In computing the lodestar amount, courts must determine a reasonable number of hours for which the applicant should be compensated. See Gonzalez, 729 F.3d at 1202. "Reasonable" means "[t]he number of hours . . . [which] could reasonably have been billed to a private client," such as hours that are excessive, redundant or unnecessary. Id. The court may exclude unreasonable time entries by either: (1) conducting an "hour-by-hour analysis of the fee request"; or (2) making an across-the-board percentage cut either in the number of hours claimed or in the final lodestar figure. Id. (citation omitted). With an across-the-board percentage cut, the court must "set forth a concise but clear explanation of its reasons for choosing a given percentage reduction." Id. at 1203.
First, Applicant billed approximately $9,000 in fees attributable to the motion to use cash collateral and use of property of the estate not in the ordinary course of business, relating to the proposed retention of an unlicensed contractor for roof repairs. This motion was ultimately withdrawn on November 28, 2017 [Dk. 104]. Applicant then billed approximately $1,100 for a second motion regarding use of cash collateral and estate property, which was granted. The benefit to the estate of the $9,000 spent on a motion that was ultimately withdrawn (and later revised and refiled) is not sufficiently
11:00 AM
demonstated. The Court has carefully reviewed the billing records submitted by Applicant and determines that a 50% across-the-board percentage cut of the time attributable to the withdrawn motion is appropriate. Therefore, the Court will approve $4,500, half of the amount billed for the original motion.
Second, the Court notes that Applicant billed 121.70 hours, or $60,065, attributable to the disclosure statement and plan. The Court finds this amount excessive in light of the denial of the Amended Disclosure Statement on April 26, 2018 [Dk. 195], and is inclined to reduce this amount by 5%, or
$3.003.25. The Court has carefully reviewed the billing records submitted by Applicant and determines that a 5% across-the-board percentage cut of the time attributable to the plan and disclosure statement is appropriate. The billing records contain entries that reflect repeated efforts, for which the benefit to the estate is unclear. Based upon the Court’s review of the record and its own experience, the Court finds a 5% reduction appropriate.
Conclusion
The total fees sought (excluding expenses) are $119,995. Applying the reductions of the $520, the $4.500 and the $3,003.25, for a total fee reduction of $8,023.25, the Court awards Applicant $111,917.75 in total fees plus
$6,011.36 in total expenses for a total award of $117,983.11. Applicant has been paid a retainer of $11,717, thus $106,266.11 remains outstanding.
Appearances required.
Debtor(s):
Chrestotes, Inc Represented By David A Tilem
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 7/24/18) FR: 9-13-18; 9-20-18
Docket 1
Tentative for 12/20/18:
The Court has received and reviewed the status report filed on December 5, 2018 [Dk. 36]. The Status Conference is CONTINUED to March 21, 2019 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
***************************************************************************** Tentative for 9/20/18 is to set the dates/deadlines, as follows:
2018.
Deadline to file a plan and disclosure statement - November 30,
Continued status conference - December 20, 2018 at 11:00
a.m. A status report is due 14 days in advance.
Bar Date: December 15, 2018, with service by no later than September 30, 2018.
Debtor is to submit a scheduling order within seven (7) days.
11:00 AM
Debtor(s):
Tina Hong-Ngoc Trinh Represented By Michael Jones
11:00 AM
STATUS CONFERENCE Hearing RE: (1) Case Management Conference And
(2) Requiring Status Report (Petition filed 11/5/18)
Docket 0
Tentative for 12/20/18:
The Court has received and reviewed the status report filed on December 6, 2018 [Dk. 60]. The Status Conference is CONTINUED to January 24, 2019 at 11:00 a.m. Debtor is to submit a supplemental status report, updating the report submitted for the December 20, 2018 status conference, by no later than 14 days in advance of the January 24, 2019 hearing.
Appearances are excused.
Debtor(s):
Kendall Frozen Fruits, Inc. Represented By Steven Werth
11:00 AM
Hearing RE: Application For Compensation Fourth Interim Fees And/Or Expenses For The Period From July 1, 2018 Through October 31, 2018
(11 U.S.C. Section 331) (Application filed 11/29/18)
[RE: RUTAN & TUCKER, LLP, Special Counsel To Debtors] [Fees: $10,670.00; Expenses: $920.24]
Docket 708
Tentative for 12/20/18 is to APPROVE as requested.
The Court notes that of the 20 hours of work performed and the $10,670 in fees requested, 9 hours and $4,725 (approximately 44.3% of the total amount requested) were allocated to the category of fee and employment applications. The Court will approve these interim fees in this instance, but will reexamine the total amounts requested in this category at the final fee application stage. Counsel is cautioned to consider more carefully whether it is appropriate to seek fees where such a large percentage of the amount requested is for preparing its own fee application.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello
11:00 AM
Michael Simon Philip E Strok Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber Michael W Davis
Kathy Bazoian Phelps Timothy W Evanston
11:00 AM
Hearing RE: (1) Fourth Interim Application For Allowance And Payment Of Fees And Reimbursement Of Expenses For All Debtors Other Than LVNV Multi Family, LLC For The Period From July 25, 2018 To November 27, 2018 (Application filed 11/29/18)
[RE: SMILEY WANG-EKVALL, LLP - Attorneys For Debtor and Debtor-In- Possession]
[Fees: $252,608.00; Expenses: $4,102.65]
-AND -
(2) Fourth And Final Application For Allowance And Payment Of Fees And Reimbursement Of Expenses For Debtor LVNV Multi Family, LLC For The Period From July 25, 2018 Through November 27, 2018
(Application filed 11/29/18)
[RE: SMILEY WANG-EKVALL, LLP - Attorneys For Debtor and Debtor-In- Possession]
[Fees: $26,160.50; Expenses: $904.78]
Docket 709
Tentative for 12/20/18 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
11:00 AM
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok
Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber Michael W Davis Kathy Bazoian Phelps Timothy W Evanston
11:00 AM
Hearing RE: (1) Fourth Interim Application For Allowance And Payment Of Fees For The Period From July 24, 2018 Through November 28, 2018, For All Debtors Other Than LVNV Multi Family, LLC;
(Application filed 11/29/18)
[RE: MENCHACA & COMPANY, LLP - Accountant For Debtors And Debtors-In-Possession]
[Fees: $81,696.00; Expenses: 0.00]
- AND -
and (2) Fourth and Final Application for Allowance and Payment of Fees for Debtor LVNV Multi Family, LLC For The Period From July 24, 2018 Through November 28, 2018
(Application filed 11/29/18)
[RE: MENCHACA & COMPANY, LLP - Accountant For Debtors And Debtors-In-Possession]
[Fees: $2,880.00; Expenses: $0.00]
Docket 712
Tentative for 12/20/18 is to APPROVE as requested, including the following:
The $81,696.00 requested for fees not related to LVNV Multi Family, LLC, is approved on an interim basis, subject to the terms set forth in the Application.
The $5,328 requested for fees related to LVNV Multi Family, LLC, is approved on a final basis.
Note: This matter appears to be uncontested. Accordingly, no court
11:00 AM
appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok
Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber Michael W Davis Kathy Bazoian Phelps Timothy W Evanston
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 5/18/17)
(Amended S/C Order Entered 6-9-17)
FR: 7-13-17; 10-19-17; 1-25-18; 5-31-18; 7-12-18; 9-20-18
Docket 1
Tentative for 12/20/18:
The Court has received and reviewed the Seventh Chapter 11 Status Report and First Post-Confirmation Status Report for LVNV Multi Family, LLC, filed on December 6, 2018 [Dk. 726], and, noting that neither the Committee nor any other party has filed its own status report or requested to be heard at the status conference, will CONTINUE this status conference to April 18, 2019, at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
***************************************************************************** Tentative for 9/20/18 is to set a continued status conference date of December 20, 2018 at 11:00 a.m. A status report is due 14 days in advance.
Appearances required.
***************************************************************************** Tentative for 7/12/18:
The Court has received and reviewed the status conference reports filed by the Debtors on 6/28/18 [Dk. 524] and Unsecured Creditors' Committee on 7/5/18 [Dk. 527]. The Court would like to hear the Debtors' response to the concerns raised by the Unsecured Creditors' Committee and is inclined to set
11:00 AM
a continued status conference on November 29, 2018 at 11:00 a.m. Appearances required.
**************************************************************************** Tentative for 5/31/18:
The Court has received and reviewed the status report filed by Debtors on 5/17/18 [Dk. 479], the Statement of the Official Committee of Unsecured Creditors filed on 5/17/18 [Dk. 478], and the Statement re: Continued Status Conference filed by Creditors/ Equity Holders Census Asset Management Group and Census Multi Family Fund LVN on 5/16/18 [Dk. 477].
The Court is inclined to set a continued status conference date of 10/4/18 at 11:00 a.m. A status report is due 14 days in advance.
Appearances required.
************************************************************************* Tentative for 10/19/17:
Is to set a continued status conference for January 25, 2018 at 11:00 a.m. with a status report due 14 days in advance.
Appearances are excused for the 10/19/17 hearing.
************************************************************************* Tentative for 7/13/17:
The Court has received and reviewed the Status Report filed on 6/29/17 [Dk. 112]. The Court is inclined to set a continued status conference on 10/19/17 at 11:00 a.m., with a status report due 14 days in advance. The Parties should be prepared to discuss the setting of Chapter 11 deadlines with the Court.
Appearances required.
11:00 AM
Debtor(s):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Michael Simon Philip E Strok
Kyra E Andrassy