10:00 AM
Prenovost, Normandin, Bergh & Dawn - movant attorney Motion for Relief from Stay
LBS Financial Credit Union vs. DEBTOR (Motion filed 12/4/18)
Re: 2014 Chrysler 300 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):
Erika Abrego Castro Represented By Edgar P Lombera
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
Tiffany & Bosco - movant attorney Motion for Relief from Stay
Bank of America vs. DEBTOR (Motion filed 12/14/18)
Re: 2017 Chevrolet Suburban
Docket 20
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):
Julio Elenes Represented By
Richard F Lemus
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Wright, Finlay, Zak, LLP - movant attorney Motion for Relief from Stay
The Bank of New York Mellon vs. DEBTORS (Motion filed 11/20/18)
Re: 41626 Slice Way, Temecula, CA 92591-7939 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):
Bradley Dee Johnson Represented By
Edmond Richard McGuire
Joint Debtor(s):
Joellen Gill-Johnson Represented By
Edmond Richard McGuire
10:00 AM
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
McCarthy & Holthus, LLP - movant attorney Motion for Relief from Stay
JPMorgan Chase Bank, National Association vs. DEBTOR (Motion filed 12/17/18)
Re: 2051 S. Horne St, Oceanside, CA 92054 EH
Docket 25
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(4) 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.
Debtor(s):
Oscar Sanchez Pro Se
Trustee(s):
John P Pringle (TR) Represented By Toan B Chung
10:00 AM
Cheryl Skigin - movant attorney Motion for Relief from Stay
Financial Services Vehicle Trust vs. DEBTOR (Motion filed 11/30/18)
Re: 2017 BMW X3 Utility 4D 28i 2WD
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):
Matthew S. Green Represented By Keith Q Nguyen
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
Barrett Daffin Frappier Treder & Weiss, LLP - movant attorney Motion for Relief from Stay
The Bank of New York Mellon vs. DEBTOR (Motion filed 12/10/18)
Re: 45251 Saint Tisbury Street, Temecula, CA 92592 EH
Docket 29
- NONE LISTED -
Debtor(s):
Cecil Jerry Edens Jr Represented By Joseph A West
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
Aldridge Pite, LLP - movant attorney Motion for Relief from Stay
MUFG Union Bank vsl DEBTORS (Motion filed 12/6/18)
Re: 30571 Longhorn Drive, Canyon Lake, California 92587 EH
Docket 12
- NONE LISTED -
Debtor(s):
Steve G Reed Represented By
David L Nelson
Joint Debtor(s):
Lee Ann Reed Represented By David L Nelson
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Kimball, Tirey & St. John, LLP, movant attorney Motion for Relief from Stay
Brixton NSE MV. LP vs. DEBTOR (Motion filed 12/12/18)
Re: 13400 Elsworth St. #309, Moreno Valley, CA 92553 EH
Docket 9
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver. The request for an annulment is denied as Movant has provided no evidence 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):
Melissa F. Moss Represented By Kevin Tang
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog, movant attorney Motion for Relief from Stay
TD Auto Finance, LLC vs. DEBTOR; Todd Frealy, Ch 7 Trustee (Motion filed 11/27/18)
Re: 2015 Nissan Pathfinder, VIN 5N1AR2MNXFC709078 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):
John G. Madrous Represented By Keith Q Nguyen
Joint Debtor(s):
Marialinet V. Madrous Represented By Keith Q Nguyen
10:00 AM
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
Cheryl Skigin - movant attorney
Motion for Relief from Stay (Motion filed 11/30/18)
Re: 2013 BMW X3 XDrive28i
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):
Maria E. Cuevas Represented By Christopher J Langley
Trustee(s):
Steven M Speier (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 12/14/18)
Re: 2015 HONDA CR-V, VIN: 3CZR M3H5 9FG7 00353 .
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):
Nannette Melendez Represented By Edgar P Lombera
Trustee(s):
Arturo Cisneros (TR) Pro Se
11:00 AM
Hrg. on Trustee's Motion for order to disallow claims
Claim No. 8 - LVNV Funding, LLC as assignee of Soaring Capital, Inc.
Claim No. 9-LVNV Funding, LLC as assignee of GE Money Bank
Claim No. 11 - LVNV Funding LLC as assignee of GE Money Bank
Claim No. 12-LVNV Funding LLC as assignee of CitiFinancial, Inc.
EH
Docket 21
Tentative for 1/08/19 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):
Lluvia Isabel Garcia Represented By Marlin Branstetter
Trustee(s):
Charles W Daff (TR) Pro Se
11:00 AM
Hrg. on chapter 7 trustee's Motion filed 11/20/18 for order disallowing Claim No.
6 Pinnacle Credit Services, LLC. EH
Docket 26
Tentative for 1/08/19 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):
Lluvia Isabel Garcia Represented By Marlin Branstetter
Trustee(s):
Charles W Daff (TR) Pro Se
11:00 AM
Hrg. on Second Motion to Extend Deadline Within Which the Chapter 7 Trustee or the Office of the U.S. Trustee May File an Objection to Debtor's Discharge Pursuant to 11 U.S.C. Section 727
EH
Docket 50
Tentative for 1/08/19 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
1:30 PM
Hrg on Order to Show Cause why the Court should not dismiss or convert Chapter 11 Case
EH
Docket 0
Tentative for 1/08/19:
Convert the case to Chapter 7.
Appearance 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 (Cont. from 11/6/18)
EH
Docket 1
Tentative for 1/08/19:
Convert the case to Chapter 7.
Appearances required.
Debtor(s):
Foster Enterprises, a California Represented By Dean G Rallis Jr
1:30 PM
Law Offices of Alan F. Broidy, movant attorney Motion for Relief from Stay
Allstar Financial Services, Inc vs. DEBTOR (Motion filed 12/18/18)
Re: 13610 S. Archibald Ave., Ontario, CA 91761 EH
Docket 379
Tentative for 1/08/19 is to GRANT under § 362(d)(2).
It is undisputed that there is no equity in the property. While it appears that the property is necessary for an effective reorganization, the Debtors have not provided evidence sufficient to meet their burden that there is a reasonable possibility of a successful reorganization within a reasonable time. See United Sav. Ass’n of Tex. v. Timbers of Inwood Forest Assocs., Ltd. (In re Timbers of Inwood Forest Assocs., Ltd.), 484 U.S. 365, 375–76 (1988); see also, e.g., In re Kadlubek Family Revocable Living Tr., 545 B.R. 660, 666 (Bankr. D.N.M.
2016) (finding a liquidation plan may qualify as a successful reorganization to satisfy this burden). This burden is a "moving target," increasing as the case progresses. In re Sun Valley Newspapers, Inc., 171 B.R. 71, 75 (B.A.P. 9th Cir. 1994) ("Courts usually require the debtor to do more than manifest unsubstantiated hopes for a successful reorganization."); see also In re F & F, LLC, No. BAP.CC-10-1083-HDMK, 2010 WL 6452907, at *6 (B.A.P. 9th Cir.
Sept. 21, 2010) (affirming the bankruptcy court’s finding that a report that "a deal is just around the corner" was "pure speculation" and not "evidence of a reasonable likelihood of a successful deal that can be concluded in a reasonable time"). As cited in Debtors’ Opposition, once the exclusivity period has expired, a debtor must demonstrate that reorganization within a
1:30 PM
reasonable time is "assured." See Sun Valley Newspapers, 171 B.R. at 75.
This case was filed in July, 2017. Debtors have filed three plans and disclosure statements, all of which have been withdrawn or denied in part due to the failure to satisfy the statutory requirements for payment of the IRS lien. Debtors have provided no evidence of an agreement with the IRS, with whom Debtors have been negotiating for over a year. Debtors have acknowledged they do not have an alternative exit strategy without such an agreement.
Concurrently set for hearing today is an Order to Show Cause Why the Case Should not be Dismissed or Converted, for which the tentative ruling is to convert to Chapter 7. In light of the foregoing, Debtors’ claims of a potential pending sale offer for the Ontario Property (the subject of this Motion) and a potential future agreement with the IRS are not sufficient to establish that reorganization is "assured."
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 Debtor's motion filed 11/21/18 for approval of chapter 11 Disclosure Statement
EH
Docket 53
- NONE LISTED -
Debtor(s):
Investment Group, LLC Represented By Todd L Turoci
1:30 PM
Hrg. on Chapter 11 Status Conference
Docket 0
- NONE LISTED -
Debtor(s):
Linda Rene Basquez Represented By
Robert B Rosenstein
11:00 AM
Hrg. on Order to Show Cause why J. Scott Bennett should not be held in Contempt of Court pursuant to 11 U.S.C. Section 105 and Federal Rule of Bankruptcy Procedures 9020
EH
Docket 1
Tentative for 1/08/19:
In light of the government shut down, the tentative is to continue this matter to February 19, 2019, at 11:00 a.m., unless the UST contacts chambers by noon on January 7, 2019 to request the hearing go forward.
Appearances are excused.
Debtor(s):
Holly Mae Schlendering Represented By
J Scott Bennett
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement Between Debtor and Wells Fargo Bank, in the amount of $12,797.28
Re: 2015 Chevrolet Truck
Docket 9
- NONE LISTED -
Debtor(s):
Rudy Ramos Represented By
Michael H Colmenares
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement Between Debtor and Bank of the West, in the amount of $6,480.11
Re: 2014 Ford Escape
Docket 8
- NONE LISTED -
Debtor(s):
NICOLE MARIE GRIMM Represented By Mark D Edelbrock
Trustee(s):
Robert Whitmore (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)))
(Cont. from 8/1/18) 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
1:30 PM
Solomon A Cheifer
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 8/1/18) 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 8/1/2018) 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#: 6:18-01199 Gould v. Mulvania
STATUS CONFERENCE re: Complaint by Scott C. Gould against Christopher John Mulvania - §523(a)(2)(A), § 727(c),(d),(e)
EH
Docket 1
Tentative for 1/9/19 is to set the following dates/deadlines:
Discovery cutoff: April 15, 2019 Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: May 30, 2019. Note: this date includes the date by which all non-discovery motions must be heard and resolved.
4. Pretrial conference: July 3, 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):
Christopher John Mulvania Represented By
Bryant C MacDonald
Defendant(s):
Christopher John Mulvania Pro Se
Plaintiff(s):
Scott C. Gould Represented By
1:30 PM
Trustee(s):
Jeffrey J Hagen
Larry D Simons (TR) Pro Se
1:30 PM
Adv#: 6:18-01201 Turoci v. Mulvania
STATUS CONFERENCE Re: Complaint by Todd Turoci against Christopher John Mulvania - §523(a)(2)(A), (B), §727(c),(d),(e)
EH
Docket 1
Tentative for 1/9/19 is to set the following dates/deadlines:
Discovery cutoff: April 15, 2019 Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: May 30, 2019. Note: this date includes the date by which all non-discovery motions must be heard and resolved.
4. Pretrial conference: July 3, 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):
Christopher John Mulvania Represented By
Bryant C MacDonald
Defendant(s):
Christopher John Mulvania Pro Se
Plaintiff(s):
Todd Turoci Represented By
Todd L Turoci
1:30 PM
Trustee(s):
Larry D Simons (TR) Pro Se
11:00 AM
Hearing RE: Order To Show Cause Why Creditor With Nondischargeable Judgment Against Debtor Should Not Receive Distribution Directly From Estate Surplus Funds
(Set per Order Entered 12/10/18)
Docket 68
Tentative for 1/9/19:
Appearances required.
Debtor(s):
Nitikorn Thipavong Represented By
Catherine Christiansen
Trustee(s):
Richard A Marshack (TR) Represented By Donald W Sieveke
10:00 AM
Motion for relief from stay [Unlawful Detainer]
Waterfall Investments, LLC vs. DEBTOR (Motion filed 12/20/18)
[RE: 931 S. Cypress, La Habra, CA 90631]
Docket 41
Grant pursuant to 11 U.S.C. §362(d)(2) with 4001(a)(3) waiver and annulment as requested.
Movant has provided evidence that its actions in obtaining and enforcing the default judgment for unlawful detainer after the dismissal of Debtor's case was vacated were taken without knowledge that the case had been returned to active status, as Debtor did not appear at the hearing or advise Movant or the state court that Debtor's case had been reinstated. 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.
Debtor(s):
Dudji, Inc. Represented By
10:00 AM
Trustee(s):
Arash Shirdel
Karen S Naylor (TR) Pro Se
10:00 AM
Motion for relief from stay [Unlawful Detainer]
GE Park Pointe LLC; Hassan Kheradmandan, Trustee Of The Kheradmandan Family Trust vs. DEBTOR
(Motion filed 12/12/18)
[RE: Nonresidential - 23681 Via Linda, Suite A, Mission Viejo, CA 92691] [And A $25,930.92 Security Deposit]
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):
Frankie Javier Mercado Jr. Represented By Timothy McFarlin
Trustee(s):
Weneta M Kosmala (TR) Pro Se
11:00 AM
Hearing RE: Approval Of Disclosure Statement Describing Joint Chapter 11 Plan Of Liquidation Of CA Express Fund, LLC, And WJA Express Fund, LLC
(D.S. filed 11/29/18)
Docket 705
Tentative for 1/10/19 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 Corey R Weber Michael W Davis Kathy Bazoian Phelps Timothy W Evanston
11:00 AM
CONT'D 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]
FR: 12-20-18
Docket 255
Tentative for 1/10/19:
Appearances required.
**************************************************************************** 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
11:00 AM
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, 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.
11:00 AM
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 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.
11:00 AM
Debtor(s):
Chrestotes, Inc Represented By David A Tilem
11:00 AM
STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2)
Requiring Status Report (Petition filed 11/21/18)
Docket 1
Tentative for 1/10/19 is to set the following dates/deadlines:
May 20, 2019: Last date to file a plan and disclosure statement.
March 15, 2019: Last date to file claims ("Claims Bar Date").
January 14, 2019: Last date for Debtor to serve notice of the Claims Bar Date.
April 15, 2019: Last date to file objections to claim.
April 15, 2019: Last date to file avoidance actions.
The Debtor is specifically advised that the failure to timely file a plan or disclosure statement may result dismissal or conversion.
Appearances required.
Debtor(s):
Progressive Solutions, Inc. Represented By Lewis R Landau
10:00 AM
Reid & Hellyer, APC - movant attorney Motion for relief from stay
Virginia Bills vs. DEBTOR (Motion filed 12/21/18)
Re: [Action in NonBankruptcy Forum] EH
Docket 17
Revised Tentative for 1/22/19:
This matter is CONTINUED to 2/5/19 at 10:00 a.m. on the Court's motion. The 1/22/19 hearing is VACATED.
****************************************************************************** Tentative for 1/22/19 is to GRANT.
Section 362(d)(1) provides that "[o]n request of a party in interest and after notice and a hearing, the court shall grant relief from the stay . . . (1) for cause. " 11 U.S.C. § 362(d)(1). "What constitutes ‘cause’ for granting relief
from the automatic stay is decided on a case-by-case basis." Kronemyer v. Am. Contractors Indem. Co. (In re Kronemyer), 405 B.R. 915, 921 (9th Cir.
B.A.P. 2009); Christensen v. Tucson Estates, Inc. (In re Tucson Estates, Inc.), 912 F.2d 1162, 1166 (9th Cir. 1990). "To obtain relief from the automatic stay, the party seeking relief must first establish a prima facie case that ‘cause’ exists for relief under § 362(d)(1)." Plumberex, 311 B.R. at 557 (footnote omitted). "Once a prima facie case has been established, the burden shifts to the debtor to show that relief from the stay is unwarranted."
10:00 AM
Id. "The decision whether to grant or deny stay relief is within the broad discretion of the bankruptcy court." Id. at 558; Kronemyer, 405 B.R. at 919 ("The decision of a bankruptcy court to grant relief from the automatic stay under § 362(d) is reviewed for abuse of discretion.").
There are 12 non-exclusive factors that courts in the Ninth Circuit weigh to determine whether "cause" exists to grant relief to allow an entity to continue pending litigation against a debtor in a non-bankruptcy forum:
Whether the relief will result in a partial or complete resolution of the issues;
The lack of any connection with or interference with the bankruptcy case;
Whether the foreign proceeding involves the debtor as a fiduciary;
Whether a specialized tribunal has been established to hear the particular cause of action and whether that tribunal has the expertise to hear such cases;
Whether the debtor’s insurance carrier has assumed full financial responsibility for defending the litigation;
Whether the action essentially involves third parties, and the debtor functions only as a bailee or conduit for the goods or proceeds in question;
Whether the litigation in another forum would prejudice the interests of other creditors, the creditors’ committee and other interested parties;
Whether the judgment claim arising from the foreign action is subject to equitable subordination under Section 510(c);
Whether movant’s success in the foreign proceeding would result in a judicial lien avoidable by the debtor under Section 522(f);
The interests of judicial economy and the expeditious and economical determination of litigation for the parties;
Whether the foreign proceedings have progressed to the point where the parties are prepared for trial, and
The impact of the stay on the parties and the "balance of hurt."
In re Plumberex Specialty Products, Inc., 311 B.R. 551, 559 (Bankr. C.D. Cal. 2004) (citing In re Curtis, 40 B.R. 795 (Bankr. D. Utah 1984)). Not all the factors will be relevant, and some will carry more weight than others. Id. at
10:00 AM
560.
Here, it appears that the findings required to determine Debtor's liability for an alleged violation of the Elder Abuse Act will satisfy the elements required to except any related debt/resulting judgment from discharge under § 523(a)(6) on collateral estoppel principles. Thus, the relief will result in a nearly complete resolution of the issues and there is at most tangential interference with the bankruptcy case. Considering the issue of debtor's liability is determined entirely under state law, there are several other defendants involved in the case, and the state court action has already commenced, on balance, the factors favor granting relief from stay.
Appearances required.
Debtor(s):
Mark D. Uy Represented By
Raymond Obiamalu
Trustee(s):
Lynda T. Bui (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, Todd Frealy, trustee (Motion filed 12/21/18)
Re: 2016 Ford Flex; VIN# 2FMGK5C82GBA14798
Docket 17
- NONE LISTED -
Debtor(s):
Brittney Nicole Straiton Represented By Terrence J Moore
Trustee(s):
Todd A. Frealy (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 12/4/18) EH
Docket 34
- NONE LISTED -
Debtor(s):
Professional Flooring Installation Represented By
Todd L Turoci
Movant(s):
Todd A. Frealy (TR) Represented By Leonard M Shulman Brandon J Iskander
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 EH
Docket 0
Tentative for 1/22/19 is to APPROVE as requested.
Note: The hearing on this matter is VACATED; no hearing will be held. Accordingly, no court appearance by Trustee is required.
Trustee 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
Trustee(s):
Arturo Cisneros (TR) Represented By
Misty A Perry Isaacson
11:00 AM
Hrg. on chapter 7 trustee's Application filed 11/19/18 to Employ Turoci Bankruptcy Firm as Special Counsel
EH
(Tele. appr. Larry D. Simmons, rep. trustee, Larry D. Simons)
Docket 29
Tentative for 1/22/19:
This matter is CONTINUED to 2/5/19 at 11:00 a.m. on the Court's motion. The 1/22/19 hearing is VACATED.
*************************************************************************** Tentative for 1/22/19 is to DENY the Application for the reasons stated in
Debtor's Response filed on 1/15/19 [Dk. 35]. The Trustee may make his reply to the Debtor's Response at the hearing.
Appearances required by the Applicant, the Chapter 7 Trustee Larry Simons, and Debtor's counsel. The Trustee is instructed to appear himself, not only through counsel.
Debtor(s):
Christopher John Mulvania Represented By
Bryant C MacDonald
Movant(s):
Larry D Simons (TR) Pro Se
11:00 AM
Trustee(s):
Larry D Simons (TR) Pro Se
11:00 AM
Hrg on Debtors' Motion to Avoid Judicial Lien with Diamour, Inc. EH
Docket 13
- NONE LISTED -
Debtor(s):
Ronald Paul Baughman Represented By
H. Christopher Heritage
Joint Debtor(s):
Patricia Ann Baughman Represented By
H. Christopher Heritage
Movant(s):
Ronald Paul Baughman Represented By
H. Christopher Heritage
Patricia Ann Baughman Represented By
H. Christopher Heritage
Trustee(s):
Steven M Speier (TR) Pro Se
11:00 AM
Hrg on Debtors' Motion to Avoid Judicial Lien with Direct Source Gold & Diamond, LLC
EH
Docket 17
- NONE LISTED -
Debtor(s):
Ronald Paul Baughman Represented By
H. Christopher Heritage
Joint Debtor(s):
Patricia Ann Baughman Represented By
H. Christopher Heritage
Movant(s):
Ronald Paul Baughman Represented By
H. Christopher Heritage
Patricia Ann Baughman Represented By
H. Christopher Heritage
Trustee(s):
Steven M Speier (TR) Pro Se
11:00 AM
Hrg on Debtors' Motion to Avoid Judicial Lien with Beyond Fine Jewelry, Inc. EH
Docket 19
- NONE LISTED -
Debtor(s):
Ronald Paul Baughman Represented By
H. Christopher Heritage
Joint Debtor(s):
Patricia Ann Baughman Represented By
H. Christopher Heritage
Movant(s):
Ronald Paul Baughman Represented By
H. Christopher Heritage
Patricia Ann Baughman Represented By
H. Christopher Heritage
Trustee(s):
Steven M Speier (TR) Pro Se
11:00 AM
Hrg. Application filed 12/21/18 to employ Haines Law Group, APC and Lidman Law, APC as Co-special litigation counsel on a contingency fee basis pursuant to 11 U.S.C. §327(e) and 11 U.S.C. §328(a)
EH
Docket 25
Tentative for 1/22/19 is to GRANT the Application.
The Objection was withdrawn on 1/21/19 [Dk. 36]. The hearing on this matter is VACATED; no hearing will be held. Accordingly, no court appearance is required.
Applicant is to lodge an order within seven (7) days.
***************************************************************************** Tentative for 1/22/19 is to OVERRULE the Objection filed on 1/7/19 [Dk. 32] and GRANT the Application.
Debtor(s):
Benjamin T Calhoun Represented By James R Selth
Movant(s):
Steven M Speier (TR) Represented By Robert P Goe
Trustee(s):
Steven M Speier (TR) Represented By Robert P Goe
1:30 PM
Hrg on City of San Bernardino's Fifteenth Omnibus Objection to Claim Number by Claimant Robert Amaya; Jonathan Elias; Robert Fuller; Adrian Garcia; Jose Gomez and Graciela Gomez; Jose Gonzalez; Maria Gonzalez; Carrie Hayes- Zimmerman; Wanda Madison; Nancy Duffy McCarron; Ismael Perez; Rashid Qureshi and Cal Sierra Properties; Curtistine Scott; Bonnie Shipley; Juanita Valadez, individually and on behalf of J.M.; Ryan Warmoth Where the City Has No Liability
EH
Docket 2719
Tentative for 1/22/19 is to SUSTAIN the objections and DISALLOW the claims.
Note: The hearing on this matter is VACATED; no hearing will be held. Accordingly, no court appearance by Movant is required.
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 Sixteenth Omnibus Objection to Claim Number by Claimant Elba Acosta; Allstate Insurance as subrogee of Sylvia Pereyra; Lawrence E. Armstrong, individually and on behalf of those similarly situated; Deborah Ashbrook; AT&T (Pacific Bell); Jeffrey Bussinger; Scott Cameron; C. C. through guardian Patricia Corona; Lewis Edison; Sammy Fuentes; Interinsurance Exchange of the Automobile Club as subrogee of Deborah Ashbrook; Theresa Lanehart; Angela Maria Lindsey; Barbara Jenkins; Terry L. Mason; MetLife Auto & Home as subrogee of Deanne Overy; J. M. through his attorneys Vedidsion Seber LLP; Henry Robinson; Travelers as subrogee of Tommy Johnson Where the City Has No Liability
EH
Docket 2723
Tentative for 1/22/19 is to SUSTAIN the objections and DISALLOW the claims in the Sixteenth Omnibus Objection to Claims [Dk. 2723] ("Objection") except as follows:
With respect to the claim of Barbara Jenkins, this matter is CONTINUED to June 11, 2019 at 1:30 p.m. to allow the parties to proceed in state court to determine the City's liability. To the extent it is necessary, the Court GRANTS relief from the automatic stay for the parties to proceed in the non-bankruptcy forum for this purpose. The parties must file a status report fourteen days in advance of the continued hearing.
Appearances are excused.
The 1/22/19 hearing is VACATED; no hearing will be held.. Movant to lodge an order within seven (7) days.
1:30 PM
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 Seventeenth Omnibus Objection to Claim Number by Claimant Cindy Baker; Rickey Brooks; Cedarwood LLC, Mountain Plaza LLC, Mountain Avenue Apartments LLC, and Villa Park Apartments LLC; Dallin, LLC, Louden, LLC, and Tinble, LLC; June De La Rosa; Jackie Duncan; Sarah Harris; Jeffery Hernandez; Interinsurance Exchange of the Automobile Club as subrogee of Cindy Baker; Diann Jenkins; Jamsetta Jones; Martin Karimi; Liberty Mutual Insurance as subrogee of Jomar Table Linens, Inc. dba Linen Lovers; Loma Linda Village; Marlena Maisterra; MAPFRE as subrogee of Jessica Inez Lomeli; Angelica Martinez; Bridget McGill; Earlee McGill Where the City Has No Liability
EH
Docket 2727
Tentative for 1/22/19 is to SUSTAIN the objections and DISALLOW the claims.
Note: The hearing on this matter is VACATED; no hearing will be held. Accordingly, no court appearance by Movant is required.
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 Eighteenth Omnibus Objection to Claim Number by Claimant Sandra Chavez; Francisco Escobar; Tim Hemzie; Maria Hernandez; Markanthony Mills; Pamela Montana; Christian Mota Najera; Safeco Insurance as subrogee for Debbie Clark; Amy Sazo; J.S., by and through guardian Maria Sazo; K.S., by and through guardian Maria Sazo; Sedgwick CMS as subrogee of Terry DeSantiago; Craig Stottlemyer; Debra Stottlemyer; Watersplash c/o Zlien; Sean Ryan Wolfson Where the City Has No Liability
EH
Docket 2731
Tentative for 1/22/19 is to SUSTAIN the objections and DISALLOW the claims.
Note: The hearing on this matter is VACATED; no hearing will be held. Accordingly, no court appearance by Movant is required.
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 Amended Thirteenth Omnibus Objection to Claim Number 393 by Claimant Maher Afram; Law Offices of Deand and Doung Claim Number 249
EH
Docket 2739
- NONE LISTED -
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 Thirteenth Omnibus Objection to Claim Number by Claimant Maher Afram; Law Offices of Deand and Doung
EH
(Cont. from 11/28/18)
Docket 2676
Tentative for 1/22/19 is to SUSTAIN the objections and DISALLOW the claims of of Maher Afram and the Law Offices of Deand and Doung.
Note: The hearing on this matter is VACATED; no hearing will be held. Accordingly, no court appearance by Movant is required.
Movant to lodge an order within seven (7) days.
***************************************************************************** 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
1:30 PM
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 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
1:30 PM
Hrg. on Motion for reconsideration of order disallowing and expunging claimant Kathryn Frederick's claims pursuant to Order granting City of San Bernardino's Third Omnibus Objection to claims
Docket 2714
- NONE LISTED -
Debtor(s):
City of San Bernardino, California Represented By
Paul R. Glassman Fred Neufeld Laura L Buchanan
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
(Cont. from 12/18/18)
Docket 137
Tentative for 1/22/19:
This matter is CONTINUED to 2/5/19 at 1:30 p.m. on the Court's motion. The 1/22/19 hearing is VACATED.
**************************************************************************** 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.
1:30 PM
Appearances required.
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 Disclosure Statement EH
Docket 59
Tentative for 1/22/19:
This matter is CONTINUED to 2/5/19 at 1:30 p.m. on the Court's motion. The 1/22/19 hearing is VACATED.
****************************************************************************
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
1:30 PM
Michael J Allison
1:30 PM
Hrg. on Use of Cash Collateral EH
(Cont. from 8/21/18)
Docket 29
Revised Tentative for 1/22/19:
This matter is CONTINUED to 2/5/19 at 1:30 p.m. on the Court's motion. The 1/22/19 hearing is VACATED.
************************************************************************** Tentative for 1/22/19:
The previous order approving the use of cash collateral entered 8/30/18 [Dk. 88] authorized use through 1/31/19. As of the posting of this tentative, no further stipulation or motion regarding cash collateral has been filed.
Appearances required.
*************************************************************************** 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
1:30 PM
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
Hrg. on Chapter 11 Status Conference (Cont. from 5/15/18)
EH
(Cont. from 8/21/18)
Docket 0
Tentative for 1/22/19 is to set a continued status conference date of March 5, 2019 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
******************************************************************************* 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.
1:30 PM
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 Debtor's Motion filed 8/8/18 to Use Cash Collateral (Cont. from 12/18/18)
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
(Cont from 12/18/18)
Docket 47
NONE LISTED -
Debtor(s):
Investment Group, LLC Represented By Todd L Turoci
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 10/24/18) 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#: 6:18-01177 Shao v. Wang
Hrg. on Plaintiff's Motion filed 11/26/18 for Default Judgment under LBR 7055-1 EH
Docket 8
Revised Tentative for 1/23/19:
This matter is CONTINUED to 2/6/19 at 1:30 p.m. on the Court's motion. The 1/23/19 hearing is VACATED.
************************************************************************
Tentative for 1/23/19 is to DENY without prejudice as set forth below. The Court could grant the motion for default judgment under § 523(a)(4), but is unable to grant default judgment under § 523(a)(2) or (a)(6) because the elements of those claims have not been sufficiently demonstrated. If the plaintiff wishes to file a dismissal of the claims under § 523(a)(2) and (a)(6), the court will enter default judgment under § 523(a)(4). However, absent a dismissal of these claims, the court will deny the Motion, without prejudice to amendment of the complaint to include more detailed allegations and/or filing a second motion for default judgment with additional evidence.
Appearances required.
Analysis
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)
1:30 PM
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, as to Plaintiff’s claims under 11 U.S.C. § 523(a)(4), Plaintiff has adequately plead and provided sufficient evidence to support default judgment in her favor in the amount of $150,000. Therefore, the Motion could be granted with respect to Plaintiff’s claims under § 523(a)(4).
However, Plaintiff has not adequately plead or has not provided sufficient evidence to establish the elements required to prove a claim is nondischargeable under § 523(a)(2) or (a)(6).
§ 523(a)(2)(A)
With respect to Plaintiff’s claims under 11 U.S.C. § 523(a)(2), the allegations in the adversary complaint are not sufficient to warrant a nondischargeability judgment in the amount sought. § 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 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)(2). 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.
1:30 PM
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.
Here, Plaintiff alleges that Defendant falsely represented that he entered into the Agreement in good faith, that he had read the entire agreement, agreed with all of its provisions, intended to abide by it in its entirety, and entered into it voluntarily. Dk. 8-1, pg. 3. However, Plaintiff provides no evidence that these representations were false at the time Defendant made these representations, or that Defendant knew they were false; i.e., that Defendant entered into the Agreement with no intention of ever complying with the agreement. Accordingly, Plaintiff is not entitled to default judgment under § 523(a)(2).
§ 523(a)(6)
With respect to Plaintiff’s claims under 11 U.S.C. § 523(a)(6), the allegations in the adversary complaint are not sufficient to warrant a nondischargeability judgment in the amount sought. § 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
1:30 PM
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))
"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).
While Plaintiff alleges and provides evidence of damage to the property she leased to Defendant, Plaintiff does not provide evidence that Defendant deliberately damaged her property, rather than merely performing acts that resulted in damage to her property. In short, even if the Court accepts the allegations in the Complaint and the statements in Plaintiff’s declaration as true, Plaintiff has not alleged or provided evidence that Defendant acted with the requisite intent to establish the debt is nondischargeable under § 523 (a)(6).
Conclusion
As set forth in detail above, Plaintiff is entitled to default judgment under § 523(a)
(4) in the amount of $150,000, but is not entitled to judgment as to the other claims in the Complaint. However, because Plaintiff is not entitled to default judgment on all claims in the Complaint at this time, the Court cannot and will not enter piecemeal judgments. Therefore, the Motion is DENIED. Plaintiff may file an amended Complaint or a second motion for default judgment providing additional evidence.
Appearances required.
1:30 PM
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
Trustee(s):
Arturo Cisneros (TR) Pro Se
1:30 PM
Adv#: 6:18-01217 Liao v. Zhuang
Hrg. on Order to Show Cause why Counsel Should not be Sanctioned EH
Docket 0
Tentative for 1/23/19:
This matter is CONTINUED to 2/6/19 at 1:30 p.m. on the Court's motion. The 1/23/19 hearing is VACATED.
Debtor(s):
Judy Zhuang Represented By
Todd L Turoci
Defendant(s):
Judy Zhuang Pro Se
Plaintiff(s):
Chih Ling Liao Represented By Sam X J Wu
Trustee(s):
Todd A. Frealy (TR) Pro Se
1:30 PM
Adv#: 6:18-01217 Liao v. Zhuang
Hrg on Plaintiff's Motion to Strike Defendant Judy Zhuang's Answer to Plaintiff Chih Ling Liao's Adversarial Complaint
EH
Docket 6
NONE LISTED -
Debtor(s):
Judy Zhuang Represented By
Todd L Turoci
Defendant(s):
Judy Zhuang Pro Se
Plaintiff(s):
Chih Ling Liao Represented By Sam X J Wu
Trustee(s):
Todd A. Frealy (TR) Pro Se
1:30 PM
Adv#: 6:18-01217 Liao v. Zhuang
STATUS CONFERENCE re Complaint to determine non-dischargeability of debt;
False Pretenses, False Representations, or Actual Fraud; (2) Willful and Malicious Injury and (3) Non-Dischargeability of Debt
EH
Docket 1
Revised Tentative for 1/23/19:
This matter is CONTINUED to 2/6/19 at 1:30 p.m. on the Court's motion. The 1/23/19 hearing is VACATED.
************************************************************************ Tentative for 1/23/19 is to set the following dates/deadlines:
Discovery cutoff: March 15, 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.
4. Pretrial conference: May 15, 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.
1:30 PM
Debtor(s):
Judy Zhuang Represented By
Todd L Turoci
Defendant(s):
Judy Zhuang Pro Se
Plaintiff(s):
Chih Ling Liao Represented By Sam X J Wu
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
Adv#: 8:18-01191 Marshack v. Bank of America, N.A. et al
STATUS CONFERENCE Hearing RE: Complaint For:
Breach Of Contract;
Wrongful Foreclosure;
Intentional Misrepresentation;
Negligent Misrepresentation;
False Promise;
Violation Of California Homeowner's Bill Of Rights;
Unfair Business Practices;
Intentional Infliction Of Emotional Distress;
Negligent Infliction Of Emotional Distress (Complaint filed 10/18/18)
Docket 1
- NONE LISTED -
Debtor(s):
Michael Louis Hollander Represented By Joseph M Tosti
W. Sloan Youkstetter
Defendant(s):
Bank of America, N.A. Pro Se
Clear Recon Corp. Pro Se
Joint Debtor(s):
Susan Waxman Hollander Represented By Joseph M Tosti
10:00 AM
W. Sloan Youkstetter
Plaintiff(s):
Richard A. Marshack Represented By David M Goodrich
Dennise S Henderson
Trustee(s):
Richard A Marshack (TR) Represented By David M Goodrich
Dennise S Henderson
10:00 AM
Adv#: 8:18-01191 Marshack v. Bank of America, N.A.
Hearing RE: Bank Of America, N.A.'s Motion To Dismiss Complaint (Motion filed 12/19/18)
Docket 16
- 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
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
Trustee(s):
Richard A Marshack (TR) Represented By
10:00 AM
David M Goodrich Dennise S Henderson
10:00 AM
Adv#: 8:18-01186 Marshack v. Mugar
STATUS CONFERENCE Hearing RE: Complaint For:
Avoidance Of Fraudulent Transfer (11 U.S.C. Section 544(b); Cal. Civil Code Section 3439.04(a)(2);
Avoidance Of Fraudulent Transfer (11 U.S.C. Section 544(b); Cal. Civil Code Section 3439.05);
Recovery Of Avoided Transfers;
Breach Of Contract; And
Common Count-Money Lent (Complaint filed 10/12/18)
Docket 1
Tentative for 1/23/19:
This matter is CONTINUED to April 3, 2019 at 11:00 a.m. A status report is due 14 days in advance.
The 1/23/19 hearing is VACATED.
Debtor(s):
Bradley B Mugar Represented By Parisa Fishback John Edwards
Defendant(s):
Ryan Mugar Pro Se
Joint Debtor(s):
Susan E Mugar Represented By
10:00 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
10:00 AM
Adv#: 8:18-01212 Saab et al v. Conkey
Hearing RE: Motion To Dismiss Complaint To Determine Dischargeability Of Debt (Motion filed 1/2/19)
Docket 5
- NONE LISTED -
Debtor(s):
James L Conkey Represented By Laleh Ensafi
Defendant(s):
James L Conkey Represented By Charity J Manee
Plaintiff(s):
Camil Saab Represented By
Douglas Jaffe
Helou Saab, Inc. Represented By Douglas Jaffe
Trustee(s):
Jeffrey I Golden (TR) Pro Se
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; 11-7-18
Docket 11
Tentative for 1/23/19 is to CONTINUE this matter to 4/17/19 at 11:00 a.m. A status report is due 14 days in advance.
The 1/23/19 hearing is VACATED.
*************************************************************************** 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.
11:00 AM
Appearances are excused.
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
Noreen A Madoyan
Trustee(s):
Jeffrey I Golden (TR) Represented By Noreen A Madoyan
11:00 AM
Adv#: 8:18-01130 Pinon v. Thipavong
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Non-
Dischargeability Of Debt (Complaint filed 7/13/18)
FR: 10-3-18
Docket 1
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
10:00 AM
Hearing RE: Chapter 7 Trustee's Motion For Order: 1. Authorizing Operation Of The Debtors' Business Pursuant To 11 U.S.C. Section 721; And 2. Authorizing Continued Maintenance Of Existing Bank Accounts For A Limited Period Pursuant To 11 U.S.C. Sections 105, 345, And 363
(Motion filed 1/3/19)
Docket 349
Tentative for 1/24/19 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):
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
Matthew Grimshaw
10:00 AM
CONT'D Hearing RE: Motion For Relief From The Automatic Stay To Permit Setoff And Application Of Deposit Account Funds
(Motion filed 11/29/18) FR: 12-20-18
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 [Personal Property]
Gagos Properties Limited, LP vs. DEBTORS (Motion filed 1/3/19)
[RE: Lease For Real Property Located At 17092 Pullman Street, Irvine, CA 92614 Entered Into By Gagos Properties Limited, LP ("Gagos" or "Lessor") And Furnishing America ("Lessee"), Which Was Personally Guaranteed By Debtors, Ian G. Winterbotham And Bree C. Winterbotham (Collectively The "Debtors")]
[Tele. appr., Misty A. Perry-Isaacson, repr., Gagos Properties Limited, LP]
Docket 26
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver.
Note: The parties have stipulated to relief from stay, and no opposition was filed. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Ian G. Winterbotham Represented By Michael D Franco
Joint Debtor(s):
Bree C. Winterbotham Represented By Michael D Franco
10:00 AM
Trustee(s):
Richard A Marshack (TR) Represented By Larry D Simons
10:00 AM
Hearing RE: Motion In Individual Case For Order Imposing A Stay Or Continuing The Automatic Stay As The Court Deems Appropriate (Motion filed 1/16/19) (Amended Motion filed 1/17/19)
(OST Signed 1/17/19)
[Tele. appr., Keith R. Wood, repr., Michael Beresford]
Docket 31
Tentative for 1/24/19 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):
Michael John Beresford Represented By Keith R Wood
Joint Debtor(s):
Allison Beresford Represented By Keith R Wood
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; 8-2-18
Docket 0
Tentative for 1/24/19:
The Court has received and reviewed the status report filed by the Litigation Trustee Tom Casey on 1/10/19 [Dk. 498]. The post-confirmation status conference is continued to July 25, 2019, at 11:00 a.m.
Appearances excused.
******************************************************************************** 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
11:00 AM
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
Adv#: 8:17-01025 California Hispanic Commission on Drug and Alcohol v. Long Term Care
PRE TRIAL 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]
(ptc set at s/c held 5-3-18)
FR: 6-14-17; 6-15-17; 11-16-17; 2-22-18; 5-3-18
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-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; 9-20-18
Docket 1
Tentative for 1/24/19:
As of the posting of this tentative, no status report has been filed. Appearances required.
Debtor(s):
Marzieh Bagheri-Tari Represented By
Yeznik O Kazandjian
11:00 AM
Hearing RE: Approval Of First Amended Disclosure Statement Describing First Amended Joint Chapter 11 Plan Of Liquidation Of WJA Real Estate Opportunity Fund II, LLC And CA Real Estate Opportunity Fund II, LLC
(D.S. filed 12/13/18) (First Amended D.S. filed 1/18/19)
[Tele. appr., James C. Bastian, Jr., repr., Joe Parisi]
[Tele. appr., Philip E. Strok, repr., WJA Asset Management, LLC]
Docket 771
Tentative for 1/24/19 is to APPROVE.
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 Timothy W Evanston
11:00 AM
Hearing RE: Omnibus Motion Of CA Express Fund, LLC And CA Real Estate Opportunity Fund II, LLC to Disallow Claims Pursuant To 11 U.S.C. 502(e) (Motion filed 12/21/18)
Claim No. 3-1 | William Jordan | $ Zero or Unknown |
Claim No. 6-1 | William Jordan | $ Zero or Unknown |
[Tele. appr., James C. Bastian, Jr., repr., Joe Parisi]
[Tele. appr., Philip E. Strok, repr., WJA Asset Management, LLC]
Docket 751
The Tentative for 1/24/19 is to GRANT the objection and disallow Claims 3-1 and 6-1 (collectively, "Claims") under § 502(e) to the extent that the Claims
are based on Mr. Jordan’s right to payment, if any, arising from the indemnification provisions in the operating agreements of CA Express Fund and CA Real Estate Opportunities II (collectively, "Debtors"); and (2) seek indemnification in relation to the complaint filed by the SEC.
Debtors seek disallowance of the claims under § 502(e), and have established the three required elements for the limited basis described above. However, the Motion is ambiguous regarding the precise nature of the Claims; it represents that "presumably" the Claims are based on the indemnification provisions of the Debtors’ operating agreements and seek indemnification for claims related to the complaint filed by the SEC. In light of such uncertainty, the Debtors have not met their burden to disallow the claims for anything other than the narrow circumstance described above.
If Debtors seek an order more generally disallowing these claims, they should
11:00 AM
be prepared to explain why such disallowance is merited and point to the evidence in support of their position.
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 Timothy W Evanston
11:00 AM
STATUS CONFERENCE Hearing RE: (1) Case Management Conference And
Requiring Status Report (Petition filed 10/4/18)
(Case Converted on 12/4/18)
Docket 0
Tentative for 1/24/19 is to set the following dates/deadlines:
Deadline for filing a plan and disclosure statement: May 1, 2019. Note: the failure to timely file a plan and disclosure statement may result in the conversion or dismissal of the case.
Continued status conference: June 13, 2019 at 11:00 a.m. A status report is due 14 days in advance.
Appearances required.
Debtor(s):
Brooks T Morgan Represented By
Catherine Christiansen
11:00 AM
CONT'D Hearing RE: Notice Of Setting/Increasing Insider Compensation For Susan Kendall
(Notice filed 11/28/18) (Objection filed 11/28/18) FR: 12-6-18
Docket 52
Tentative for 1/24/19:
On January 23, 2019, as Dk. No. 3 in Misc. No. 1:19-mp-00101-MT, the Court entered a district-wide order that grants the United States and its Departments and agencies, including the Office of the United States Trustee ("UST"), an extension of time to file various pleadings until after the conclusion of the ongoing government shutdown. The parties should review this order carefully prior to the hearing. At the hearing, the Court will inquire of the UST whether they wish to avail themselves of this extension. If the UST is unable to attend the hearing, the Court will continue this matter pending conclusion of the shutdown and expiration of the UST’s extension.
Appearances required.
Debtor(s):
Kendall Frozen Fruits, Inc. Represented By Steven Werth David S Kupetz
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 11/5/18) FR: 12-20-18
Docket 0
Tentative for 1/24/19 is to set the following dates/deadlines:
Deadline for filing a plan and disclosure statement: March 5, 2019. See Status Report filed 12/6/18 [Dk. 60], pg. 9:15-18. Note: the failure to timely file a plan and disclosure statement may result in the conversion or dismissal of the case.
Claims Bar Date: March 29, 2019 with notice to be served by February 28, 2019.
Continued status conference: April 18, 2019 at 11:00 a.m. A status report is due 14 days in advance.
Appearances required.
***************************************************************************** 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.
11:00 AM
Debtor(s):
Kendall Frozen Fruits, Inc. Represented By Steven Werth
11:00 AM
Hearing RE: Debtor's Application For Order Authorizing Employment Of Channel Marketing Resources, Inc. as Financial Advisor
(Motion filed 12/4/18)
(Set per Order Entered 1/10/19)
Docket 56
Tentative for 1/24/19:
On January 23, 2019, as Dk. No. 3 in Misc. No. 1:19-mp-00101-MT, the Court entered a district-wide order that grants the United States and its Departments and agencies, including the Office of the United States Trustee ("UST"), an extension of time to file various pleadings until after the conclusion of the ongoing government shutdown. The parties should review this order carefully prior to the hearing. At the hearing, the Court will inquire of the UST whether they wish to avail themselves of this extension. If the UST is unable to attend the hearing, the Court will continue this matter pending conclusion of the shutdown and expiration of the UST’s extension.
Appearances required.
Debtor(s):
Kendall Frozen Fruits, Inc. Represented By Steven Werth David S Kupetz
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; 8-23-18
Docket 1
- NONE LISTED -
Debtor(s):
American Spectrum Realty Inc., a Represented By
Robert E Opera Peter W Lianides Andrew B Levin
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;
8-23-18
Docket 1
- NONE LISTED -
Debtor(s):
Cecilio Romero Murrietta Represented By Andrew S Bisom
Joint Debtor(s):
Irma Bonilla Murrietta Represented By Andrew S Bisom
11:00 AM
Hearing RE Post Confirmation Report 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)
(Set at Fourth Amended Ch. 11 Plan hearing held 8/23/18)
Docket 154
- 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
10:00 AM
Law Offices of Vincent V. Froujian, P.C. - movant attorney Motion for Relief from Stay
American Honda Finance Corporation vs. DEBTORS, Karl T. Anderson, chapter 7 trustee
(Motion filed 1/11/19)
Re: 2017 HONDA ACCORD, VIN: 1HGC R2F5 8HA1 59244
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):
Marvin Andrew Reed Represented By Roland D Tweed
Joint Debtor(s):
Angela Candy Reed Represented By Roland D Tweed
10:00 AM
Movant(s):
AMERICAN HONDA FINANCE Represented By
Vincent V Frounjian
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
McCarthy & Holthus, LLP - movant attorney Motion for Relief from Stay
Wells Fargo Bank vs. DEBTOR (Motion filed 1/8/19)
Re: 1141 Paseo Tasco Circle, Corona, CA 92882
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):
Mike Kallman Represented By Julie J Villalobos
Movant(s):
Wells Fargo Bank, N.A. as servicing Represented By
Nancy L Lee
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
ACAR Leasing LTD vs. DEBTORS, Todd A. Frealy, trustee (Motion filed 1/3/19)
Re: 2016 GMC Terrain, VIN 2GKALMEK0G6177800
EH
(Tele. appr. Sheryl Ith, rep. creditor, GM Financial)
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):
Stephen James Hargett Represented By David A Wiesen
Joint Debtor(s):
Amy Lynn McCarley Represented By David A Wiesen
10:00 AM
Movant(s):
ACAR Leasing LTD dba GM Represented By Jennifer H Wang
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
Law Offices of Ronald K. Brown, Jr. APC - movant attorney Motion for Relief from Stay
Cheer Land the River, LP vs. DEBTOR, John P. Pringle, trustee (Motion filed 1/3/19)
Re: 71800 HIGHWAY 111, SUITE A116, RANCHO MIRAGE, CA 92270
Docket 6
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):
Lovett Enterprises, Inc. Represented By Vikrant Chaudhry
Movant(s):
CHEER LAND THE RIVER, LP Represented By
Ronald K Brown
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
Law Office of W. Derek May - movant attorney Motion for Relief from Stay
Re: Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate
EH
Docket 6
Tentative for 2/5/19 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):
Hector M Araiza Jr. Represented By
W. Derek May
Movant(s):
Hector M Araiza Jr. Represented By
W. Derek May
W. Derek May
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
Reid & Hellyer, APC - movant attorney Motion for relief from stay
Virginia Bills vs. DEBTOR (Motion filed 12/21/18)
Re: [Action in NonBankruptcy Forum] EH
(Cont. from 1/22/19, on Court's own motion)
Docket 17
Tentative for 2/5/19 is to GRANT.
Section 362(d)(1) provides that "[o]n request of a party in interest and after notice and a hearing, the court shall grant relief from the stay . . . (1) for cause. " 11 U.S.C. § 362(d)(1). "What constitutes ‘cause’ for granting relief
from the automatic stay is decided on a case-by-case basis." Kronemyer v. Am. Contractors Indem. Co. (In re Kronemyer), 405 B.R. 915, 921 (9th Cir.
B.A.P. 2009); Christensen v. Tucson Estates, Inc. (In re Tucson Estates, Inc.), 912 F.2d 1162, 1166 (9th Cir. 1990). "To obtain relief from the automatic stay, the party seeking relief must first establish a prima facie case that ‘cause’ exists for relief under § 362(d)(1)." Plumberex, 311 B.R. at 557 (footnote omitted). "Once a prima facie case has been established, the burden shifts to the debtor to show that relief from the stay is unwarranted." Id. "The decision whether to grant or deny stay relief is within the broad discretion of the bankruptcy court." Id. at 558; Kronemyer, 405 B.R. at 919 ("The decision of a bankruptcy court to grant relief from the automatic stay under § 362(d) is reviewed for abuse of discretion.").
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There are 12 non-exclusive factors that courts in the Ninth Circuit weigh to determine whether "cause" exists to grant relief to allow an entity to continue pending litigation against a debtor in a non-bankruptcy forum:
Whether the relief will result in a partial or complete resolution of the issues;
The lack of any connection with or interference with the bankruptcy case;
Whether the foreign proceeding involves the debtor as a fiduciary;
Whether a specialized tribunal has been established to hear the particular cause of action and whether that tribunal has the expertise to hear such cases;
Whether the debtor’s insurance carrier has assumed full financial responsibility for defending the litigation;
Whether the action essentially involves third parties, and the debtor functions only as a bailee or conduit for the goods or proceeds in question;
Whether the litigation in another forum would prejudice the interests of other creditors, the creditors’ committee and other interested parties;
Whether the judgment claim arising from the foreign action is subject to equitable subordination under Section 510(c);
Whether movant’s success in the foreign proceeding would result in a judicial lien avoidable by the debtor under Section 522(f);
The interests of judicial economy and the expeditious and economical determination of litigation for the parties;
Whether the foreign proceedings have progressed to the point where the parties are prepared for trial, and
The impact of the stay on the parties and the "balance of hurt."
In re Plumberex Specialty Products, Inc., 311 B.R. 551, 559 (Bankr. C.D. Cal. 2004) (citing In re Curtis, 40 B.R. 795 (Bankr. D. Utah 1984)). Not all the factors will be relevant, and some will carry more weight than others. Id. at 560.
Here, it appears that the findings required to determine Debtor's liability for an
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alleged violation of the Elder Abuse Act will satisfy the elements required to except any related debt/resulting judgment from discharge under § 523(a)(6) on collateral estoppel principles. Thus, the relief will result in a nearly complete resolution of the issues and there is at most tangential interference with the bankruptcy case. Considering the issue of debtor's liability is determined entirely under state law, there are several other defendants involved in the case, and the state court action has already commenced, on balance, the factors favor granting relief from stay.
Appearances required.
Debtor(s):
Mark D. Uy Represented By
Raymond Obiamalu
Trustee(s):
Lynda T. Bui (TR) Pro Se
11:00 AM
Hrg. on Chapter 7 Trustee's Motion filed 1/15/19 for Order: 1) Approving the Sale of the Estate's Right, Title and Interest in Real Property Subject to All Existing Liens, Claims, Encumbrances, Charges and Interests Pursuant to Bankruptcy Code § 363(b)(1) Subject to Overbids; 2) Approving Bidding Procedures Utilized; and 3) Granting Related Relief
EH
(Tele. appr. Raffi Khatchadourian, rep. creditor, Radiance Capitol)
Docket 100
Tentative for 2/5/19 is to GRANT. Trustee is to conduct an auction.
Debtor(s):
MABEL VIRGINIA LEMOI Represented By Owen Mascott
Trustee(s):
Charles W Daff (TR) Represented By Lynda T Bui Brandon J Iskander
11:00 AM
Hrg. on Motion for order determining value of collateral (Cont. from 12/4/18)
EH
(Tele. appr. Hydee J. Riggs, rep. Trustee, Karl Anderson)
Docket 27
Tentative for 2/5/19 is to DENY the Motion. The Property will be valued if and when the Trustee seeks approval of a potential sale.
Appearances required.
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
11:00 AM
Hrg. on Debtor's Motion filed 1/11/19 to vacate dismissal EH
Docket 13
Tentative for 2/5/19:
This matter is CONTINUED to February 19, 2019 at 11:00 a.m. to allow Debtor to file additional documents by no later than February 15, 2019 at noon, as set forth below.
Debtor must complete, sign and file another Declaration by Debtor as to Whether Income Was Received From an Employer Within 60 Days (Form 1002.1Emp.Income.Dec). While Debtor previously filed this form on October 29, 2018 [Dk. 8], Debtor did not properly complete it by checking one of the boxes, as required. This failure was the basis for the dismissal of Debtor's case.
Debtor, or Debtor's counsel, if appropriate, must submit a declaration in support of the motion.
If the above documents are filed by no later than noon on February 15, 2019, the Court will GRANT the Motion and excuse appearances at the continued hearing.
No hearing will occur on February 5, 2019.
Debtor(s):
Peter Aaron Likins Represented By Owen Mascott
11:00 AM
Trustee(s):
Robert Whitmore (TR) Pro Se
11:00 AM
Hrg. on chapter 7 trustee's Application filed 11/19/18 to Employ Turoci Bankruptcy Firm as Special Counsel
EH
(Cont. from 1/22/19, on Court's own motion)
(Tele. appr. Larry D. Simons, rep. trustee, Larry D. Simons)
Docket 29
Tentative for 2/5/19:
Appearances required by the Applicant, the Chapter 7 Trustee Larry Simons, and Debtor's counsel. The Trustee is instructed to appear himself, not only through counsel.
*************************************************************************** Tentative for 1/22/19:
This matter is CONTINUED to 2/5/19 at 11:00 a.m. on the Court's motion. The 1/22/19 hearing is VACATED.
*************************************************************************** Tentative for 1/22/19 is to DENY the Application for the reasons stated in
Debtor's Response filed on 1/15/19 [Dk. 35]. The Trustee may make his reply to the Debtor's Response at the hearing.
Appearances required by the Applicant, the Chapter 7 Trustee Larry Simons, and Debtor's counsel. The Trustee is instructed to appear himself, not only through counsel.
11:00 AM
Debtor(s):
Christopher John Mulvania Represented By
Bryant C MacDonald
Movant(s):
Larry D Simons (TR) Pro Se
Trustee(s):
Larry D Simons (TR) Pro Se
1:30 PM
Hrg. on approval of Disclosure Statement
EH
Docket 0
Tentative for 2/5/19:
Counsel should appear and be prepared to discuss the following issues:
The feasibility of the plan appears to be based in part on payments from third parties. Debtor should provide additional support for approval of a plan under Chapter 11 with such a contingency. Further, the Court notes that Debtor’s family members have provided declarations stating that they can afford to and will continue to make the payments to the Debtor in support of her plan; however, these statements lack foundation and detail sufficient to convince the Court of their reliability. For example, while Mr. Mendoza and Ms. Calangi both provide their monthly income, they do not state their monthly expenses, so the Court cannot evaluate whether they truly have the financial ability to make the promised monthly contributions for the duration of the Debtor’s plan.
It is not clear that the treatment of the claims of junior lienholders Angelina Yumang and AMC Rockwell Corporation as unsecured claims owed $0.00 is appropriate. Debtor argues her personal obligation on this lien was discharged in 2012, and the Creditors’ liens were stripped pursuant to a motion to value. In support of this assertion, Debtor cites case law for Chapter 13 cases, but does not address the effect of §
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1111(b)(A) (which does not apply in Chapter 13), which provides that a claim secured by property of the estate shall be treated as though the holder had recourse against the debtor on account of the claim. See In re B.R. Brookfield Commons No. 1 LLC, 735 F.3d 596, 598 (7th Cir.
2013) (requiring an otherwise non-recourse claim to be treated as if creditor had recourse against debtors because creditor's claim was secured by a valid lien against debtors' property); In re Salamon, 854 F.3d 632, 636 (9th Cir. 2017) (finding that §1111(b)(A) did not apply where the property had been sold and the liens were secured by property that was no longer property of the estate).
The Plan and Disclosure Statement propose to modify a mortgage secured by Debtor’s primary residence. It is unclear why this is permissible under §1123(b)(5).
While the Disclosure Statement references the Wells Fargo Motion for Relief from stay with respect to the 16593 Catena Drive Property, it does not mention the relief from stay motion with respect to the 2226 Rancho Hills Drive property that was granted on June 22, 2018 [Dk. 75], or whether this property remains property of the estate or if this relief from stay has any effect on the estate.
Appearances required.
************************************************************************** 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.
1:30 PM
Debtor(s):
Caroline C Mendoza Represented By Todd L Turoci
1:30 PM
Hrg. on Chapter 11 Status Conference (Cont. from 10/9/18)
EH
Docket 0
Tentative for 2/05/19 is to set a CONTINUED date of April 2, 2019, at 1:30 p.m.
*************************************************************************** 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
Hrg. on Use of Cash Collateral EH
(Cont. from 1/22/19)
Docket 29
- NONE LISTED -
Debtor(s):
Big Bear Bowling Barn, Inc. Represented By Julie J Villalobos
1:30 PM
Hrg. on Application filed 12/6/18 to Employ Winthrop Couchot Golubow Hollander, LLP as General Insolvency Counsel
EH
Docket 96
Revised Tentative for 2/5/19 is to APPROVE the Application, as modified by the Reply filed on 1/28/19 [Dk. 138], except as follows:
Notwithstanding the Withdrawal of the UST's Objection, filed on 2/1/19 [Dk. 144], the Court is not inclined to approve the Firm's requests for a post- petition retainer or that monthly payments with a 20% holdback be permitted pursuant to Knudsen. See In re Knudsen Corp., 84 B.R. 668, 672 (B.A.P. 9th Cir. 1988). In Knudsen, the court permitted periodic post-petition payments to professionals without prior court approval of the payments, "in the rare case where the court can make the following findings":
The case is an unusually large one in which an exceptionally large amount of fees accrue each month;
The court is convinced that waiting an extended period for payment would place an undue hardship on counsel;
The court is satisfied that counsel can respond to any reassessment in one or more of the ways listed above; and
The fee retainer procedure is, itself, the subject of a noticed hearing prior to any payment thereunder.
Id. at 672-3.
The Court is not convinced that the Knudsen factors apply in this case to permit the payment procedures requested. The Court is also not inclined to approve the requested post-petition retainer.
Appearances required.
1:30 PM
Debtor(s):
Lovejoy's Family Moving., Inc., dba Represented By
Peter W Lianides Alastair M Gesmundo Robert E Opera
1:30 PM
Hrg. on Debtor's motion filed 11/21/18 for approval of chapter 11 Disclosure Statement
(Cont from 1/8/19) EH
Docket 53
- NONE LISTED -
Debtor(s):
Investment Group, LLC Represented By Todd L Turoci
1:30 PM
Hrg. on Debtor's Motion filed 1/4/19 to Disallow Claims Proof of Claim No. 3 filed by TD Capital, LLC with Proof of Service
EH
Docket 75
Tentative for 2/05/19:
The Objection to Proof of Claim No. 3 will be consolidated with the Objection to Proof of Claim No. 4. Please see the tentative re: the Objection to Proof of Claim No. 4, which is the next matter on calendar.
Debtor(s):
Investment Group, LLC Represented By Todd L Turoci
1:30 PM
Hrg. on Debtor's Motion filed 1/4/19 to Disallow Claims Disallow Proof of Claim No. 4 filed by TD Capital, LLC
EH
Docket 76
Tentative for 2/5/19:
The Objection as to timeliness is overruled. The bar date was the Friday after Thanksgiving. The proof of claim was filed the Monday following the Thanksgiving holiday (the next business day after the bar date). The Declaration submitted by Debtor's counsel provides sufficient evidence to allow the claim as timely filed based on excusable neglect. Debtor's argument that it was prejudiced due to the three-day delay in filing the proof of claim is not persuasive, particularly considering the Debtor filed its first plan and disclosure statement before the claims bar date passed.
As to the substantive issue of whether the claim is owed to the Claimant, Debtor asserts that the Claimant has filed false and/or forged documents in support of its claim. These are serious allegations. The Court is inclined to set an evidentiary hearing on April 30, 2019 at 1:30 p.m. and establish a briefing schedule on the issue of (1) whether the claim is, in fact, owed to the claimant; and (2) whether the Claimant presented false evidence to the Court. The Parties should be prepared to discuss whether discovery is required and whether the proposed hearing date provides the Parties with sufficient preparation time.
Appearances required.
Debtor(s):
Investment Group, LLC Represented By
1:30 PM
Todd L Turoci
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
(Cont. from 1/22/19)
(Tele. appr. David Golubchik, rep. Trustee, Todd A. Frealy)
Docket 137
Tentative for 2/05/19:
The Court is inclined to convert the case, but would like to hear from the United States Trustee.
Appearances required.
*************************************************************************** Tentative for 1/22/19:
This matter is CONTINUED to 2/5/19 at 1:30 p.m. on the Court's motion. The 1/22/19 hearing is VACATED.
**************************************************************************** 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
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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 Michael J Allison
Trustee(s):
Todd A. Frealy (TR) Represented By Monica Y Kim
1:30 PM
Hrg on Disclosure Statement EH
(Cont. from 1/22/19)
Docket 59
Tentative for 2/05/19:
None listed.
*************************************************************************** Tentative for 1/22/19:
This matter is CONTINUED to 2/5/19 at 1:30 p.m. on the Court's motion. The 1/22/19 hearing is VACATED.
**************************************************************************** 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
1:30 PM
Michael J Allison
Joint Debtor(s):
Veronica Bolanos Garcia Represented By Michael J Allison
1:30 PM
Hrg on Chapter 11 Status Conference (Cont. from 11/6/18)
EH
Docket 59
Tentative for 2/05/19:
None listed.
**************************************************************************** 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 Status Conference to evaluate the status of the resolution of the discovery dispute and to set appropriate dates and deadline for the Evidentiary Hearing
EH
Docket 0
- NONE LISTED -
Debtor(s):
Orange County Nursery, Inc. Represented By David S Kupetz Steven Werth Elissa Miller
Arthur Gutierrez Longoria Tamar Terzian
10:00 AM
Hrg. on approval of reaffirmation Agreement filed 12/28/18 Between Debtor and JPMorgan Chase Bank, N.A., in the amount of $22,360.63
Re: 2017 Jeep Cherokee
Docket 10
- NONE LISTED -
Debtor(s):
Jose Rolando Lemus Represented By Yolanda Flores-Burt
Joint Debtor(s):
Sandra Luz Lemus Represented By Yolanda Flores-Burt
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 1/2/19, Between Debtor and Arrowhead Credit Union, in the amount of $23,382.37
Re: 2016 Nissan Maxima
Docket 11
- NONE LISTED -
Debtor(s):
Gabriel Alfredo Acuna Represented By Neil R Hedtke
Joint Debtor(s):
Blanca Estella Salser-Acuna Represented By Neil R Hedtke
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 1/10/19, Between Debtor and Cab West, LLC, in the amount of $1872.60
Re: 2016 Ford Fusion
Docket 12
- NONE LISTED -
Debtor(s):
Jose Garcia Garcia Pro Se
Joint Debtor(s):
Jaqueline Janeth Huezo Asencio Pro Se
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement Between Debtor and Capital One Auto Finance, a division of Capital One, in the amount of $12,906.11
Re: 2015 Kia Sportage
Docket 19
- NONE LISTED -
Debtor(s):
Donald Meredith Dible Represented By Stephen H Darrow
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 1/15/19 Between Debtor and Ultura Credit Union, in the amount of $7,815.29
Re: 2014 Harley Davidson
Docket 12
- NONE LISTED -
Debtor(s):
Allen Kozakovsky Represented By Sundee M Teeple
Joint Debtor(s):
Amy N Kozakovsky Represented By Sundee M Teeple
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Hrg. on Approval of Reaffirmation Agreement filed 1/15/19 Between Debtor and Altura Credit Union, in the amount of $25,657.47
Re: 2016 Hyundai Santa Fe
Docket 14
- NONE LISTED -
Debtor(s):
Allen Kozakovsky Represented By Sundee M Teeple
Joint Debtor(s):
Amy N Kozakovsky Represented By Sundee M Teeple
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Hrg. on Approval of Reaffirmation Agreement filed 1/14/19 Between Debtor and Toyota Motor Credit Corporation, in the amount of $15,944.99
Re: 2013 Toyota Highlander
Docket 12
- NONE LISTED -
Debtor(s):
Mario Edgardo Escalante Lopez Represented By Marlin Branstetter
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
Hrg. on Approval of Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation, in the amount of $25,703.79
Re: 2017 Toyota RAV4
Docket 13
- NONE LISTED -
Debtor(s):
Sylvia Garcia Represented By
Marlin Branstetter
Trustee(s):
Larry D Simons (TR) Pro Se
1:30 PM
Adv#: 6:18-01230 Whitmore v. Scott et al
STATUS CONFERENCE re: Complaint by Robert S. Whitmore against Darbie Vandre Scott, Caroll Ann Vandre. (Charge To Estate). ($350.00) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other))
EH
Docket 1
- NONE LISTED -
Debtor(s):
Caroll Ann Vandre Represented By Gene P Killian
Defendant(s):
Darbie Vandre Scott Pro Se
Caroll Ann Vandre Pro Se
Plaintiff(s):
Robert S. Whitmore Represented By Douglas A Plazak
Trustee(s):
Robert Whitmore (TR) Represented By Douglas A Plazak
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 11/28/18) 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#: 6:18-01197 Simons (TR) v. Forrest
Hrg. on Plaintiff's Motion for Default Judgment filed 1/8/19 EH
Docket 20
Tentative for 2/6/19:
Movant seeks default judgment on the Complaint’s Fifth, Sixth, Seventh, Eighth, Eleventh, and Thirteenth Causes of Action, and states that Movant will dismiss the remaining causes of action provided the transfer at issue is avoided. As set forth below, the Motion may be GRANTED and default judgment may be entered in favor of the Plaintiff and against Defendant Sarah Forrest on Plaintiff’s Fifth, Sixth, Seventh, Eighth, and Eleventh Causes of Action ("Avoidance Causes of Action"), provided Movant DISMISSES all other allegations and causes of action in the Complaint. To the extent the Motion seeks an order requiring turnover, the Motion is DENIED.
Plaintiff’s Fifth, Sixth, Seventh, Eighth, and Eleventh Causes of Action
Debtor acquired real property ("Property") on August 1, 2012 via grant deed which described the Property as Debtor’s "sole and separate property" ("2012 Deed"). Debtor and Wife contemporaneously recorded an interspousal transfer deed on August 1, 2012 in which Wife quitclaimed any interest in the Property to the Debtor ("2012 Quitclaim Deed"). On July 31, 2014, Debtor recorded a grant deed ("2014 Deed") that transferred a joint tenancy interest in the Property to Wife for "no consideration" ("Transfer"). Movant has proved adequate evidence that, inter alia, the Transfer was a transfer of all or substantially all of Debtor’s assets, made to an insider, within 4 years of the petition date, for no consideration, when substantial debts had been incurred, and that Debtor retained possession of the Property after the Transfer.
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Thus, provided Movant dismisses all other allegations and causes of action in the Complaint, default judgment may be entered in favor of the Plaintiff and against Defendant Sarah Forrest on the Avoidance Causes of Action.
Thirteenth Cause of Action
Movant has not established he is entitled to default judgment for the Thirteenth Cause of Action seeking declaratory relief. It appears that Movant seeks declaratory relief that the Property is community property.
Generally, all property acquired during marriage is presumed to be community property. Cal. Fam. Code. § 760. Spouses may change the character of their property by executing a transmutation agreement, which must be an express declaration by the spouse whose interest in the property is adversely affected. See Cal. Fam. Code § 852; In re Marriage of Valli, 324 P.3d 274, 276 (Cal.
2014); In re Marriage of Haines, 33 Cal.App.4th 277, 39 Cal.Rptr.2d 673, 681 (1995). The transmutation requirements apply even when the form of the title suggests a beneficial interest other than community property (such as joint tenancy or one spouse as his sole and separate property) in the context of a marital dissolution. See Valli, 324 P.3d at 280 (ruling that the common law presumption that the holder of legal title owns full beneficial title, as codified in Cal. Evid. Code § 662, does not apply when it conflicts with the transmutation statutes). However, the law regarding competing title and community property presumptions in the context of a bankruptcy is not settled. See In re Brace, 908 F.3d 531, 540 (9th Cir. 2018) (recognizing the lack of controlling California precedent addressing the "applicability of the community property presumption in suits between a married person and a third party creditor" and certifying the following question to the Supreme Court of California: "Does the form of title presumption set forth in section 662 of the California Evidence Code overcome the community property presumption set forth in section 760 of the California Family Code in Chapter 7 bankruptcy cases where: (1) the debtor husband and non-debtor wife acquire property from a third party as joint tenants; (2) the deed to that property conveys the property at issue to the debtor husband and non- debtor wife as joint tenants; and (3) the interests of the debtor and non-debtor spouse are aligned against the trustee of the bankruptcy estate?").
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Here, Debtor acquired the Property during marriage, so the community property presumption applies. However, Movant has not demonstrated that the 2012 Quitclaim Deed did not effect a valid transmutation that defeats the community property presumption, so Movant is not entitled to declaratory relief that the Property was community property prior to the execution of the 2014 Deed. See In re Marriage of Kushesh and Kushesh-Kaviani, 238 Cal. Rptr. 3d 174, 180 (Cal. Ct. App. 2018) (finding an interspousal transfer grant deed was sufficient to meet
§ 852’s transmutation requirements). Since the 2014 Deed may be avoided and recovered pursuant to the Avoidance Causes of Action, the Court denies as moot any request to analyze the effect of the Transfer on the characterization of the property.
Thus, the evidence and legal argument provided by Movant is not sufficient to establish he is entitled to default judgment in his favor on the Thirteenth Cause of Action. Accordingly, the Motion is DENIED as to the Thirteenth Cause of Action.
Turnover
To the extent that the Motion seeks turnover under § 542, the Motion is DENIED, without prejudice. Turnover was not sought in the Complaint (only avoidance and recovery). Therefore, default judgment requiring turnover may not now be entered against Ms. Forrest. To the extent the Motion seeks turnover from the Debtor, this Motion does not provide adequate notice that this relief was requested. The Motion is in the adversary, and not the main bankruptcy case. Turnover is not included in either the Notice or the title of the Motion, and is only discussed at pg. 11-12 of the points and authorities and at ¶ 26 of counsel’s declaration. The Court will not enter an order requiring turnover absent the appropriate due process.
Appearances required.
Debtor(s):
Thomas John Forrest Represented By Michael F Chekian
1:30 PM
Defendant(s):
Sarah E. Forrest Pro Se
Plaintiff(s):
Larry D. Simons (TR) Represented By Wesley H Avery
Trustee(s):
Larry D Simons (TR) Represented By Wesley H Avery
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
(Cont. from 12/19/18)
Docket 12
Tentative for 2/06/19:
The Court has reviewed the supplemental pleadings filed 1/14/19 [Dk. 19] and will GRANT the motion. Plaintiff is to lodge two orders: (1) one granting the motion for default judgment; and (2) a proposed judgment.
Appearances are excused.
****************************************************************************
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
1:30 PM
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 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).
1:30 PM
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.
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
1:30 PM
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 12/19/18)
Docket 1
Tentative for 2/06/19:
This matter will go off calendar in light of the Court's tentative on #16 to grant the motion for default judgment.
Appearances are excused.
***************************************************************************** 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
1:30 PM
Trustee(s):
Ronald J Sokol
Arturo Cisneros (TR) Pro Se
1:30 PM
Adv#: 6:18-01177 Shao v. Wang
Hrg. on Plaintiff's Motion filed 11/26/18 for Default Judgment under LBR 7055-1 EH
(Cont. from 1/23/19)
Docket 8
Revised tentative for 2/06/19 is to GRANT the motion for default judgment under
§ 523(a)(4) in light of Plaintiff's dismissal of its §§ 523(a)(2) and (a)(6) claims filed January 31, 2019 [Dk. 12].
Plaintiff is to lodge two orders: (1) one granting the motion for default judgment; and (2) a proposed judgment.
Appearances are excused.
*************************************************************************** Tentative for 2/06/19 is to DENY without prejudice as set forth below.
The Court could grant the motion for default judgment under § 523(a)(4), but is unable to grant default judgment under § 523(a)(2) or (a)(6) because the elements of those claims have not been sufficiently demonstrated. If the plaintiff wishes to file a dismissal of the claims under § 523(a)(2) and (a)(6), the court will enter default judgment under § 523(a)(4). However, absent a dismissal of these claims, the court will deny the Motion, without prejudice to amendment of the complaint to include more detailed allegations and/or filing a second motion for default judgment with additional evidence.
Appearances required.
1:30 PM
Analysis
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, as to Plaintiff’s claims under 11 U.S.C. § 523(a)(4), Plaintiff has adequately plead and provided sufficient evidence to support default judgment in her favor in the amount of $150,000. Therefore, the Motion could be granted with respect to Plaintiff’s claims under § 523(a)(4).
However, Plaintiff has not adequately plead or has not provided sufficient evidence to establish the elements required to prove a claim is nondischargeable under § 523(a)(2) or (a)(6).
§ 523(a)(2)(A)
With respect to Plaintiff’s claims under 11 U.S.C. § 523(a)(2), the allegations in the adversary complaint are not sufficient to warrant a nondischargeability judgment in the amount sought. § 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 obtained by "false pretenses, a false representation, or actual fraud, other than a statement respecting the debtor's or an insider's
1:30 PM
financial condition." 11 U.S.C. § 523(a)(2). 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.
Here, Plaintiff alleges that Defendant falsely represented that he entered into the Agreement in good faith, that he had read the entire agreement, agreed with all of its provisions, intended to abide by it in its entirety, and entered into it voluntarily. Dk. 8-1, pg. 3. However, Plaintiff provides no evidence that these representations were false at the time Defendant made these representations, or that Defendant knew they were false; i.e., that Defendant entered into the Agreement with no intention of ever complying with the agreement. Accordingly, Plaintiff is not entitled to default judgment under § 523(a)(2).
§ 523(a)(6)
With respect to Plaintiff’s claims under 11 U.S.C. § 523(a)(6), the allegations in the adversary complaint are not sufficient to warrant a nondischargeability judgment in the amount sought. § 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).
1:30 PM
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))
"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).
While Plaintiff alleges and provides evidence of damage to the property she leased to Defendant, Plaintiff does not provide evidence that Defendant deliberately damaged her property, rather than merely performing acts that resulted in damage to her property. In short, even if the Court accepts the allegations in the Complaint and the statements in Plaintiff’s declaration as true, Plaintiff has not alleged or provided evidence that Defendant acted with the requisite intent to establish the debt is nondischargeable under § 523 (a)(6).
Conclusion
As set forth in detail above, Plaintiff is entitled to default judgment under § 523(a)
(4) in the amount of $150,000, but is not entitled to judgment as to the other claims in the Complaint. However, because Plaintiff is not entitled to default judgment on all claims in the Complaint at this time, the Court cannot and will not enter piecemeal judgments. Therefore, the Motion is DENIED. Plaintiff may file an amended Complaint or a second motion for default judgment providing
1:30 PM
additional evidence.
Appearances required.
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
Trustee(s):
Arturo Cisneros (TR) Pro Se
1:30 PM
Adv#: 6:18-01217 Liao v. Zhuang
STATUS CONFERENCE re Complaint to determine non-dischargeability of debt;
False Pretenses, False Representations, or Actual Fraud; (2) Willful and Malicious Injury and (3) Non-Dischargeability of Debt
EH
(Cont. from 1/23/19)
Docket 1
Tentative for 2/06/19 is to set the following dates/deadlines:
Discovery cutoff: March 15, 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.
4. Pretrial conference: May 15, 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):
Judy Zhuang Represented By
Todd L Turoci
1:30 PM
Defendant(s):
Judy Zhuang Pro Se
Plaintiff(s):
Chih Ling Liao Represented By Sam X J Wu
Trustee(s):
Todd A. Frealy (TR) Pro Se
1:30 PM
Adv#: 6:18-01217 Liao v. Zhuang
Hrg. on Order to Show Cause why Counsel Should not be Sanctioned EH
(Cont. from 1/23/19)
Docket 0
Tentative for 2/06/19: Appearances required.
Debtor(s):
Judy Zhuang Represented By
Todd L Turoci
Defendant(s):
Judy Zhuang Pro Se
Plaintiff(s):
Chih Ling Liao Represented By Sam X J Wu
Trustee(s):
Todd A. Frealy (TR) Pro Se
11:00 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])
[Navient Solutions, LLC - Dismissed - See docket no. [102]
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
11:00 AM
Plaintiff(s):
Suzon Hashemi Represented By Christine A Kingston
Trustee(s):
Richard A Marshack (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])
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
11:00 AM
Plaintiff(s):
Suzon Hashemi Represented By Christine A Kingston
Trustee(s):
Richard A Marshack (TR) Pro Se
11:00 AM
Hearing RE: Motion For Approval Of Chapter 7 Trustee's Sale And Settlement Agreement With V&G Associates, COV, Inc. And Luminance Yuba, LLC, Pursuant To 11 U.S.C. Sections 363(b) And 105, And Rules 2002, 6004, And 9019 Of The Federal Rule Of Bankruptcy Procedure
(Motion filed 1/16/19)
Docket 355
Updated Tentative for 2/06/19 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):
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
Matthew Grimshaw
11:00 AM
Hearing RE: Chapter 7 Trustee's Motion For Order: (1) Authorizing The Trustee To Sell Real Property (21872 Calabaza, Mission Viejo, California) Pursuant To 11
U.S.C. Section 363(b); (2) Approving Overbid Procedures; (3) Approving Compensation Of Real Estate Broker; (4) Authorizing Distribution Of Sale Proceeds; And (5) Waiving 14 Day Stay Imposed By Federal Rules Of Bankruptcy Procedure 6004(h)
(Motion filed 1/11/19)
Docket 55
Tentative for 2/6/19:
The Court is inclined to approve the Motion; however, the Court is concerned that the requirement that overbids be all cash may chill bidding and unnecessarily limit otherwise qualified bids. The Trustee should be prepared to present evidence that either (1) he has entertained bids with financing equivalent to an all cash bid or (2) that the requirement for all cash bids has not chilled the bidding.
As to the conditional non-opposition filed by creditor WFB on January 18, 2019 [Dk. 64], the Court will approve the Motion with only the requested modifications that the Trustee agreed to in his reply filed January 25, 2019 [Dk. 67] ("Reply"), for the reasons set forth in the Reply.
Appearances required.
Debtor(s):
Wiebke Bultmann Represented By Michael N Nicastro
Trustee(s):
Thomas H Casey (TR) Represented By
11:00 AM
Karen S. Naylor
10:00 AM
Motion for relief from stay [Real Property]
CitiMortgage, Inc. vs. DEBTOR (Motion filed 1/4/19)
[RE: 2158 San Michel Drive West C, Costa Mesa, California 92627]
Docket 43
- NONE LISTED -
Debtor(s):
Eric Abraham Sandoval Represented By Donald A Green
Trustee(s):
Jeffrey I Golden (TR) Pro Se
10:00 AM
RESCHEDULED Motion for relief from stay [Personal Property]
Fifth Third Bank vs. DEBTORS (Motion filed 9/25/18)
(Rescheduled after Dismissal Vacated 1/7/19)
[RE: 2013 Honda Crosstour - VIN No.: 5J6TF3H37DL004962]
FR: 10/25/18)
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):
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
10:00 AM
10:00 AM
Motion for relief from stay [Personal Property]
Porsche Leasing LTD And Porsche Financial Services, Inc. vs. DEBTORS (Motion filed 1/8/19)
[RE: 2017 Porsche Macan GTS - VIN No.: WP1AG2A51HLB54408]
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):
Robert Martin Biller Jr. Represented By Leslie K Kaufman
Joint Debtor(s):
Tia Linda Biller Represented By Leslie K Kaufman
Trustee(s):
Jeffrey I Golden (TR) Pro Se
10:00 AM
Motion for relief from stay [Unlawful Detainer]
Sy & YM, LLC vs. DEBTOR
(Motion filed 1/16/19)
[RE: 406 W. Washington Avenue, Apartment No. 2, Santa Ana, CA 92706]
Docket 10
Tentative for 2/7/19 is to DENY for lack of evidence.
The motion and attached declaration have significant evidientiary defects which prevent the granting of the Motion:
Although Declarant indicates that he is Movant's attorney (¶1(d)), he does not provide foundation for his knowledge of the facts (¶2).
Declarant lists movant as the legal owner of the Property, but does not attach any evidence of ownership directly to the Motion (¶4). Although a lease is attached to the UD Complaint that is attached to the Motion, the UD Complaint is only verified by e-signature.
The Motion does not provide any information regarding monthly rent or other obligations Debtor has failed to pay (¶6).
While Debtor's address is the same as the one listed on the 60-Day Notice to Terminate Tenancy and the UD Complaint, Debtor is not listed as a defendant in the UD Action, nor has any evidence been provided that Debtor has been substituted in as a Doe. Debtor also is not listed on the unexecuted lease attached to the UD Action.
Accordingly, Movant has not provided sufficient evidence that it is entitled to the relief requested.
Appearances required.
10:00 AM
Debtor(s):
Rodrigo Gallardo Martin Represented By Randy Alexander
Trustee(s):
Thomas H Casey (TR) Pro Se
10:00 AM
Hearing RE: Motion In Individual Case For Order Imposing A Stay Or Continuing The Automatic Stay As The Court Deems Appropriate (Motion filed 1/16/19)
Docket 28
- NONE LISTED -
Debtor(s):
Michael John Beresford Represented By Keith R Wood
Joint Debtor(s):
Allison Beresford Represented By Keith R Wood
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
Motion for Relief from Stay [Action In NonBankruptcy Forum]
Camellia Lame Khazali vs. DEBTOR (Motion filed 1/17/19)
[RE: Case Name: Javanshir Khazali v. Camellia Khazali] [Docket Number: 17D009077]
[Pending In: Superior Court Of California, County Of Orange, Lamoureaux Division]
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):
Javanshir Khazali Represented By Richard G Heston
Trustee(s):
Jeffrey I Golden (TR) Pro Se
11:00 AM
Hearing RE: Motion For Order Disallowing Claim:
(Motion filed 12/27/18)
Claim No. 173 Store It REIT, Inc. $ Amount To Be Determined
Docket 1751
- NONE LISTED -
Debtor(s):
American Spectrum Realty Inc., a Represented By
Robert E Opera Peter W Lianides Andrew B Levin
11:00 AM
Hearing RE: Motion For Order To Reinstate Wilco Life Insurance Company (Formerly Conseco Life Insurance Company) Policy Pursuant to Debtors'
Confirmed Chapter 11 Plan (Motion filed 12/28/18)
Docket 198
- 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 Hearing RE: Approval Of First Amended Disclosure Statement Describing First Amended Joint Chapter 11 Plan Of Liquidation Of WJA Real Estate Opportunity Fund II, LLC And CA Real Estate Opportunity Fund II, LLC (D.S. filed 12/13/18) (First Amended D.S. filed 1/18/19)
FR: 1-24-19
Docket 771
Tentative for 2/07/19:
This matter was continued by 2 weeks to allow the United States Trustee and any other interested parties time to review the First Amended Disclosure Statement. As of the posting of this tentative, no objection has been filed.
Appearances required.
*************************************************************************** Tentative for 1/24/19 is to APPROVE.
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
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 11/5/18) FR: 12-20-18; 1-24-19
Docket 0
Tentative for 2/07/19 is to set a continued status conference on April 18, 2019 at 11:00 a.m. A status report is due 14 days in advance.
Debtor is also instructed to lodge a scheduling order setting forth the dates and deadlines established at the 1/24/19 status conference.
**************************************************************************** Tentative for 1/24/19 is to set the following dates/deadlines:
Deadline for filing a plan and disclosure statement: March 5, 2019. See Status Report filed 12/6/18 [Dk. 60], pg. 9:15-18. Note: the failure to timely file a plan and disclosure statement may result in the conversion or dismissal of the case.
Claims Bar Date: March 29, 2019 with notice to be served by January 28, 2019.
Continued status conference: April 18, 2019 at 11:00 a.m. A status report is due 14 days in advance.
Appearances required.
***************************************************************************** Tentative for 12/20/18:
11:00 AM
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
CONT'D Hearing RE: Debtor's Application For Order Authorizing Employment Of Channel Marketing Resources, Inc. as Financial Advisor
(Motion filed 12/4/18)
(Set per Order Entered 1/10/19) FR: 1-24-19
Docket 56
Tentative for 2/07/19:
The Court has reviewed the Limited Objection filed by UST on 1/31/19 [Dk. 100] and the Second Supplement filed by Debtor on 2/1/19 [Dk. 104]. The Court would like to hear from the UST regarding whether the Second Supplement sufficiently addresses the concerns expressed by this Court at the last hearing and in the Limited Objection.
Appearances required.
************************************************************************** Tentative for 1/24/19:
On January 23, 2019, as Dk. No. 3 in Misc. No. 1:19-mp-00101-MT, the Court entered a district-wide order that grants the United States and its Departments and agencies, including the Office of the United States Trustee ("UST"), an extension of time to file various pleadings until after the conclusion of the ongoing government shutdown. The parties should review this order carefully prior to the hearing. At the hearing, the Court will inquire of the UST whether they wish to avail themselves of this extension. If the UST is unable to attend the hearing, the Court will continue this matter pending
11:00 AM
conclusion of the shutdown and expiration of the UST’s extension.
Appearances required.
Debtor(s):
Kendall Frozen Fruits, Inc. Represented By Steven Werth David S Kupetz
10:00 AM
Hemar, Rousso & Heald, LLP - movant attorney Motion for Relief from Stay
Wells Fargo Bank vs. DEBTORS (Motion filed 1/24/19)
Re: 139 North Citrus Avenue, Covina, CA 91723 EH
Docket 31
Tentative for 2/19/19 is to DENY:
Appearances required.
Debtor(s):
Emanuel V Katsaros Represented By Stephen R Wade
Joint Debtor(s):
Wendy L Katsaros Represented By Stephen R Wade
Trustee(s):
Robert Whitmore (TR) Represented By Hydee J Riggs
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Santander Consumer USA, Inc. vs. DEBTORS, Todd A. Frealy, trustee (Motion filed 1/17/19)
Re: 2015 Volkswagen Passat, VIN: 1VWAT7A39FC086541 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):
Shannon O Hoole Represented By Patricia M Ashcraft
Joint Debtor(s):
Michelle L Hoole Represented By Patricia M Ashcraft
10:00 AM
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
The Green Law Group, LLP - movant attorney Motion for Relief from Stay
Ventura County Credit Union vs. DEBTOR (Motion filed 1/28/19)
Re: All inventory, chattel paper, accounts, instruments, equipment, fixtures, furniture, general intangibles, and leasehold improvements
EH
Docket 9
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver. The requests for extraordinary relief (¶¶8-10) are 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):
Lovett Enterprises, Inc. Represented By Vikrant Chaudhry
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Santander Consumer USA, Inc. vs. DEBTOR, Robert Whitmore, trustee (Motion filed 1/21/19)
Re: 2018 Jeep Grand Cherokee, VIN: 1C4RJEAG2JC311636 EH
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):
Joe A Tarango Represented By Christopher Hewitt
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Law Offices of Vincent V. Frounjian, P.C. - movant attorney Motion for Relief from Stay
Honda Lease Trust vs. DEBTOR, Lynda T. Bui, chapter 7 trustee (Motion filed 1/21/19)
Re: 2018 HONDA CIVIC, VIN: 2HGF C2F5 3JH5 58598
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):
Joselin Brenda Covarrubias-Ramirez Represented By
Robert W Ripley
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
TD Auto Finance LLC vs. DEBTOR, Karl T. Anderson, chapter 7 trustee (Motion filed 1/25/19)
Re: 2017 Land Rover Range Rover, VIN: SALWV2FV8HA151127 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):
Hector M Araiza Jr. Represented By
W. Derek May
Trustee(s):
Karl T Anderson (TR) Pro Se
11:00 AM
Hrg. on chapter 7 trustee's Motion filed 1/22/19, for extension of time to file a complaint objecting to discharge
EH
Docket 36
Tentative for 2/19/19 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):
John Obrien Represented By
Christopher J Murtagh
Joint Debtor(s):
Tracy Obrien Represented By
Christopher J Murtagh
Trustee(s):
Todd A. Frealy (TR) Represented By Christopher J Murtagh
11:00 AM
Hrg. on Debtors' motion filed 1/22/19 to Appoint Rhonda Hood as Next Friend EH
Docket 24
Tentative for 2/19/19 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):
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 chapter 7 trustee's Motion filed 1/23/19 for extension of time to file a complaint objecting to discharge
EH
Docket 32
Tentative for 2/19/19 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):
Paramjit Singh Represented By Robert J Spitz
Trustee(s):
Todd A. Frealy (TR) Pro Se
11:00 AM
Hrg. on Motion filed 1/22/19 For Order Extending Time To File Schedules Of Assets And Liabilities And Statement Of Financial Affairs And Related Materials
EH
Docket 7
Tentative for 2/19/19 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):
Gorilla Islands, LLC Represented By Bruce A Boice
Trustee(s):
Howard B Grobstein (TR) Represented By Christopher K.S. Wong M Douglas Flahaut
11:00 AM
Hrg. on chapter 7 trustee's Motion filed 1/31/19 Objecting To Debtors Claim Of Exemption In Lockheed Martin Stock Pursuant To CCP § 704.115
EH
Docket 26
- NONE LISTED -
Debtor(s):
Lesa Dianne Beeler Represented By
Linda Roberts-Ross
Trustee(s):
Karl T Anderson (TR) Represented By Robert P Goe
Thomas J Eastmond
11:00 AM
Hrg. on Debtor's Motion filed 1/11/19 to vacate dismissal EH
(Cont. from 2/5/19)
Docket 13
Tentative for 2/19/19 is to DENY:
This matter was continued from 2/5/19 to allow Debtor to file additional documents, as set forth in the below tentative. As of the posting of this tentative, no additional documents have been filed.
Appearances required.
***************************************************************************** Tentative for 2/5/19:
This matter is CONTINUED to February 19, 2019 at 11:00 a.m. to allow Debtor to file additional documents by no later than February 15, 2019 at noon, as set forth below.
Debtor must complete, sign and file another Declaration by Debtor as to Whether Income Was Received From an Employer Within 60 Days (Form 1002.1Emp.Income.Dec). While Debtor previously filed this form on October 29, 2018 [Dk. 8], Debtor did not properly complete it by checking one of the boxes, as required. This failure was the basis for the dismissal of Debtor's case.
Debtor, or Debtor's counsel, if appropriate, must submit a declaration in support of the motion.
11:00 AM
If the above documents are filed by no later than noon on February 15, 2019, the Court will GRANT the Motion and excuse appearances at the continued hearing.
No hearing will occur on February 5, 2019.
Debtor(s):
Peter Aaron Likins Represented By Owen Mascott
Trustee(s):
Robert Whitmore (TR) Pro Se
1:30 PM
Law Offices of Austin P. Nagel - movant attorney Motion for Relief from Stay
Toyota Motor Credit Corporation vs. DEBTORS (Motion filed 1/17/19)
Re: 2015 Lexus GS350
Docket 119
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):
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 10/2/18)
Docket 1
Tentative for 2/19/19:
This matter is CONTINUED to April 16, 2019 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
**************************************************************************** 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
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
(Cont from 1/22/19)
Docket 47
Tentative for 2/19/19:
Appearances required in Courtroom 5C, 411 West Fourth Street, Santa Ana, CA 92701.
Debtor(s):
Investment Group, LLC Represented By Todd L Turoci
1:30 PM
Hrg. on Chapter 11 Status Conference
EH
Docket 1
Tentative for 2/19/19 is to CONTINUE to April 16, 2019 at 1:30 p.m. to coincide with the hearing on the adequacy of the disclosure statement.
***************************************************************************** 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
11:00 AM
Hrg. on Order to Show Cause why J. Scott Bennett should not be held in Contempt of Court pursuant to 11 U.S.C. Section 105 and Federal Rule of Bankruptcy Procedures 9020
EH
(Cont. from 1/8/19)
Docket 1
- NONE LISTED -
Debtor(s):
Holly Mae Schlendering Represented By
J Scott Bennett
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 11/7/18) EH
Docket 1
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
11:00 AM
Adv#: 8:18-01006 Richard A. Marshack, Chapter 7 Trustee, v. Larson et al
CONT'D STATUS CONFERENCE Hearing RE: Status Of Appeal 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
[STATUS CONFERENCE AS TO PETER KOTE ONLY]
(Complaint filed 1/9/18) (PTC set at S/C held 3/8/18) (S/C set per Order Entered 10-9-18)
FR: Advanced from 4-18-18; 9-19-18; 12-5-18
Docket 1
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
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 As To Defendant Bank Of America
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
[PRE-TRIAL AS TO DEFENDANT BANK OF AMERICA ONLY]
(Complaint filed 1/9/18) (PTC set at S/C held 3/8/18) FR: Advanced from 4-18-18; 9-19-18; 12-5-18
Docket 1
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
11:00 AM
Trustee(s):
Misty A Perry Isaacson
Richard A Marshack (TR) Represented By
Misty A Perry Isaacson
10:00 AM
Hrg. on Chapter 7 Trustee's Motion filed 2/13/19 for Order Authorizing Abandonment of the Estate's Interest in Certain Real Property Located at 13610 South Archibald Avenue, Ontario, California
(OST signed 2/13/19) EH
[Tele. appr., Greg K. Jones, repr., Foster Enterprises] [Tele. appr., Dean G. Rallis, Jr., repr. Dean G. Rallis, Jr.]
[Tele. appr., Jolene Tanner, repr., United States of America]
Docket 413
Tentative for 2/21/19 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
Trustee(s):
10:00 AM
John P Pringle (TR) Represented By Toan B Chung
11:00 AM
Motion for relief from stay [Action In Non-Bankruptcy Forum]
Don Bailey An Individual dba DB Investments vs. DEBTOR (Motion filed 1/22/19)
[RE: Case Name: Bagheritari v. 3033 Bristol, LLC et. al. And Related Cross Complaint]
[Docket Number: 30-2014-00717365-CU-BC-CJC]
[Pending In: Superior Court Of California, County Of Orange, Central Justice Center, 700 Civic Center Drive West, Santa Ana, California 92701]
[Tele. appr., Yeznik O. Kazandjian, repr., Bagheri-Tari]
Docket 173
Tentative for 2/21/19 is to GRANT.
Note: This matter appears to be uncontested. See Debtor's Non-Opposition filed 2/15/19 [Dk. 181]. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
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 12/1416)
FR: 2-2-17; 5-11-17; 12-14-17; 4-19-18; 5-3-18;10-18-18; 10-25-18
Docket 1
Tentative for 2/21/19:
None listed.
******************************************************************************** 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.
***************************************************************************
11:00 AM
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:
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
11:00 AM
Michael Jones
11:00 AM
Hearing RE: First Amended Disclosure Statement Describing Chapter 11 Plan Of Reorganization
(Amended D.S. filed 12/31/18)
Docket 0
Tentative for 2/21/19:
Appearances 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
Adv#: 8:18-01081 Suzuki Motor of America, Inc. v. Mullion et al
CONT'D 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)
FR: 8-2-18
Docket 1
- NONE LISTED -
Debtor(s):
James M Mullion Represented By Jeffrey B Smith
Defendant(s):
James M Mullion Pro Se
Bonnie Mullion Pro Se
Plaintiff(s):
Suzuki Motor of America, Inc. Represented By Jasmin Yang
11:00 AM
Adv#: 8:18-01081 Suzuki Motor of America, Inc. v. Mullion et al
CONT'D PRE-TRIAL 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) (PTC set at S/C held 8/2/18) FR: 8-2-18
Docket 1
- NONE LISTED -
Debtor(s):
James M Mullion Represented By Jeffrey B Smith
Defendant(s):
James M Mullion Pro Se
Bonnie Mullion Pro Se
Plaintiff(s):
Suzuki Motor of America, Inc. Represented By Jasmin Yang
11:00 AM
Hearing RE: Order To Show Cause RE: Debtor's Application To Employ Holthouse Carlin Van Tright LLP As Outside Certified Public Accountant (Motion filed 12-20-18)
(Set per Order To Show Cause Entered 2-6-19)
Docket 107
- NONE LISTED -
Debtor(s):
Kendall Frozen Fruits, Inc. Represented By Steven Werth David S Kupetz
9:00 AM
Evidentiary hrg. on Motion of the Minority Voting Trust to convert case to a case under Chapter 7
EH
Docket 1078
Debtor(s):
Orange County Nursery, Inc. Represented By David S Kupetz Steven Werth Elissa Miller
Arthur Gutierrez Longoria Tamar Terzian
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;
4-24-18; 9-25-18
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
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 2/20/19) 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#: 6:18-01177 Shao v. Wang
STATUS CONFERENCE re: Complaint by Tingting Shao against Hao Wang - 523(a)(2), (a)(4), and (a)(6)
EH
(Cont. from 11/28/18)
Docket 1
- NONE LISTED -
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
Trustee(s):
Arturo Cisneros (TR) Pro Se
1:30 PM
Adv#: 6:18-01239 Virginia Bills a deceased individual, by and throu v. Uy
STATUS CONFERENCE re: Complaint by Virginia Bills a deceased individual, by and through her personal representatives Joyce Stablein and Danny White against Mark D. Uy - 523(a)(6)
EH
Docket 1
Tentative for 2/27/19:
Relief from stay was granted to Plaintiff by an order entered February 13, 2019 [Dk. 30] to proceed in state court. Accordingly, this matter is CONTINUED to August 14, 2019 at 1:30 p.m. A status report is due 14 days in advance. The status report must include the procedural status as to Debtor of the pending state court action. Either side may request an earlier status conference date upon written application to the Court.
Appearances are excused.
Debtor(s):
Mark D. Uy Represented By
Raymond Obiamalu
Defendant(s):
Mark D. Uy Pro Se
Plaintiff(s):
Virginia Bills a deceased individual, Represented By
Douglas A Plazak
1:30 PM
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Adv#: 8:18-01186 Marshack v. Mugar
Hearing RE: Motion For Default Judgment Under LBR 7055-1 (Motion filed 1/23/19)
Docket 8
- NONE LISTED -
Debtor(s):
Bradley B Mugar Represented By Parisa Fishback John Edwards
Defendant(s):
Ryan Mugar Pro Se
Joint Debtor(s):
Susan E Mugar Represented By 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
10:00 AM
Adv#: 8:17-01108 Marshack v. Mugar et al
Hearing RE: Motion For Summary Judgment Or, In The Alternative, For Summary Adjudication Of Issues
(Motion filed 1/16/19)
Docket 75
- 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
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#: 8:18-01215 Saunders v. Singh
STATUS CONFERENCE Hearing RE: Complaint For Determination That Debt Is Non-Dischargeable Pursuant To 11 U.S.C. Section 523(a)
(Complaint filed 12/3/18)
Docket 1
Tentative for 2/27/19 is to DISMISS for lack of prosecution.
Debtor(s):
Manraj Singh Represented By Kevin J Kunde
Defendant(s):
Manraj Singh Pro Se
Plaintiff(s):
Cristina Saunders Represented By Jerrold L Bregman
Trustee(s):
Karen S Naylor (TR) Pro Se
10:00 AM
Adv#: 8:18-01212 Saab et al v. Conkey
Hearing RE: Motion To Dismiss First Amended Complaint To Determine Dischargeability Of Debt
(Motion filed 1/22/19)
Docket 11
Tentative for 2/27/19 is to GRANT the Motion to Dismiss with leave to amend. Appearances required.
Introduction and Factual Background
On June 5, 2018, a jury in a state court action entered a verdict finding against James L. Conkey ("Defendant") and in favor of Camil Saab and Helou Saab, Inc. ("Plaintiffs") [Complaint, Adv. Dk. 7, ¶20]. The verdict included a finding that Defendant breached his fiduciary duties to Plaintiffs. Id. The amount of the judgment ("State Court Judgment") is $306,283.17 [Complaint, Adv. Dk. 7, ¶22]. The enforcement of the judgment was stayed by Defendant’s bankruptcy filing [Complaint, Adv. Dk. 7, ¶23].
On January 8, 2019, Plaintiffs filed an amended complaint against Defendant alleging the State Court Judgment is nondischargeable under 11 U.S.C. §§ 523(a)(2)(A), (a)(4), and (a)(6), and Defendant’s discharge should be denied under § 727 [Adv. Dk.7] ("Complaint"). Specifically, Plaintiffs allege that (1) Defendant had no intention of providing the necessary legal services the parties contracted for (2) Defendant made false representations of material fact to Plaintiffs, and (3) Defendant willfully and maliciously injured the Plaintiffs. See Complaint, Adv. Dk. 7, ¶¶25, 132, 173, 28, 136, 176.
On January 22, 2019, Defendant filed the Motion to Dismiss the Complaint [Dk. No. 11] ("Motion") that is presently before the Court. The Motion seeks to
10:00 AM
dismiss the Complaint under FRCP 12(b)(6). Defendant requests dismissal with prejudice.
As set forth below, the Complaint does not plead facts sufficient to support a plausible claim for relief under §§ 523(a)(2)(A), (a)(4), (a)(6), or 727.
Legal Analysis
Motion to Dismiss
FRCP 8(a) (applicable to bankruptcy pursuant to FRBP 7008) requires a plaintiff to plead each claim with sufficient specificity to "give the defendant fair notice of what the ... claim is and the grounds upon which it rests." Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d
929 (2007) (internal quotations omitted).
To survive a Rule 12(b)(6) motion to dismiss (applicable to bankruptcy through FRBP 7012(b)), the plaintiff must allege "enough facts to state a claim to relief that is plausible on its face." Bell Atlantic Corp. v. Twombly, 550
U.S. 544, 570 (2007). Plaintiff must provide "more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). In deciding whether the plaintiff has stated a claim upon which relief can be granted, the Court must assume that the plaintiff’s allegations are true and must draw all reasonable inferences in favor of the nonmoving party, but need not accept as true "conclusory statements, statements of law, or unwarranted inferences cast as factual allegations." Bell Atlantic Corp. Twombly, 550 US 544,
556-557, 570 (2007); Cholla Ready Mix, Inc. v. Civish, 382 F.3d 969, 973 (9th Cir. 2004) (citing Karam v. City of Burbank, 352 F.3d 1188, 1192 (9th Cir.
2003)).
B. §523(a)(4)
§ 523(a)(4) provides an exception from discharge of a debt arising from fraud or defalcation by one acting in a fiduciary capacity, or of a debt arising from embezzlement or larceny. Under §523(a)(4), the Plaintiffs must establish
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three elements for non-dischargeability: an express or technical trust; that the debt was caused by fraud or defalcation; and that the debtor was a fiduciary to the creditor at the time the debt was created. In re Niles, 106 F.3d 1456, 1459 (9th Cir. 1997); Lewis v. Scott (In re Lewis), 97 F.3d 1182, 1185 (9th Cir. 1996). Plaintiffs have failed to plead facts to plausibly establish that there was an express or technical trust.
Express Trust
The general characteristics of an express trust include each of the following: sufficient words to create a trust; a definite subject; and a certain and ascertained object. Banks v. Gill Distribution Centers, Inc., 263 F.3d 862, 871 (9th Cir. 2001).
Here, the Complaint fails to plead facts sufficient to establish the existence of an express or technical trust. The Complaint states that in November, 2015 the Defendant solicited the Plaintiffs’ business stating, "JLC Law Offices can help you qualify from one of your mortgage lender’s pre-foreclosure workout options" [Complaint, Adv. Dk. 7 ¶7]. The Complaint alleges this resulted in the two parties entering into a Foreclosure Defense Agreement on December 12, 2015 [Complaint, Adv. Dk. 7 ¶8] and a subsequent Litigation Agreement on or about February 22, 2016 [Complaint, Adv. Dk 7 ¶15]. The Complaint maintains that the Defendant, as the attorney for the "debtors in possession in a Chapter 11 bankruptcy case" held their real property "in trust along with the Plaintiffs’ retainer funds paid by Plaintiffs to [Defendant], and additional payments by Plaintiffs to [Defendant]" [Complaint, Adv. Dk. 7 ¶37]. The Complaint further alleges that "there was an express or technical trust in existence before and independently" [Complaint, Adv. Dk. 7 ¶38].
Plaintiffs’ allegation that there is an express or technical trust is a mere legal conclusion, which this Court is not bound to accept as true. Love v. United States, 915 F.2d 1242, 1245 (9th Cir.1988); see also, In re Dean, 11 B.R. 542 (B.A.P. 9th Cir. 19831), aff’d, 687 F.2d 307 (9th Cir. 1982). Plaintiffs fail to plead any facts that would create a trust. There is no reference to trust documents or transfer of property into the trust. Plaintiffs appear to base the existence of a trust on the fact that Defendant was their attorney and
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represented them as Chapter 11 Debtors in Possession. Without additional facts or legal support for this conclusion, Plaintiffs’ allegation that an express or technical trust existed is not plausible.
Fraud or Defalcation
Fraud
Fraud within the meaning of §523(a)(4) means actual fraud. In re Roussos, 251 B.R. 86, 91 (9th Cir. 2000). Allegations which sound in fraud are subject a heightened pleading standard. FRCP 9(b). "In alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake." Id. These allegations must be "specific enough to give defendants notice of the particular misconduct which is alleged to constitute the fraud charged so that they can defend against the charge and not just deny that they have done anything wrong." Semegen v. Weidner, 780 F.2d 727, 731 (9th Cir.1985). To that end, the allegations must contain "an account of the time, place, and specific content of the false representations as well as the identities of the parties to the misrepresentations." Swartz v. KPMG LLP, 476 F.3d 756, 764 (9th Cir.2007). However, "[m]alice, intent, knowledge, and other conditions of a person's mind may be alleged generally." FRCP 9(b). 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). "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).
Here, the Complaint fails to plead fraud with particularity as required by FRCP 9(b). The Complaint fails to provide any specific content of false representations. The Complaint states: "at the time of the Foreclosure Defense Agreement, [Defendant] had no intention of providing the necessary legal services" [Complaint, Adv. Dk. 7, ¶25]. The Complaint provides the date on which the two parties entered into the Foreclosure Defense Agreement— December 12, 2015 [Complaint, Adv. Dk. 7 ¶8]—thus satisfying the "when" prong. The Complaint subsequently provides numerous conclusory
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allegations of fraud [Complaint, Adv. Dk. 7, ¶¶26-34] but fails to offer any additional facts to support the contentions. These conclusory allegations of law and unwarranted inferences are given no deference. See In re Kristal, 464 B.R. 404 (Bankr. C.D. Cal. 2011). The Complaint alleges "the resulting legal malpractice judgment [against Defendant] is not dischargeable in bankruptcy" [Complaint, Adv. Dk. 7, ¶45], but fails to provide any additional facts to support the legal conclusion Plaintiffs propose. Significantly, there are no facts alleged from which the Court can conclude Defendant intended the alleged misrepresentation at the time it was made. Plaintiffs must allege "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). The Plaintiffs fail to provide the specific content of the fraud. Conclusory statements are not enough.
The Complaint alternatively alleges that the Defendant made false material representations to the Plaintiffs, with the intent of defrauding the Plaintiffs [Complaint, Adv. Dk. 7, ¶¶27-31] but does not provide the time or content of the alleged representations. Again, conclusory allegations of law and unwarranted inferences are given no deference. See In re Kristal, 464 B.R. 404 (Bankr. C.D. Cal. 2011).
Defalcation
Defalcation is the misappropriation of trust funds or money held in any fiduciary capacity, or the failure properly to account for such funds. In re Lewis, 97 F.3d at 1186 (citing Black’s Law Dictionary 417 (6th ed. 1990)). In the context of §523(a)(4), "the term ‘defalcation’ includes innocent, as well as intentional or negligent defaults so as to reach the conduct of all fiduciaries who were short in their accounts." In re Lewis, 97 F.3d at 1186.
The Complaint fails to provide sufficient facts to constitute a plausible finding of defalcation. The Complaint merely alleges the Defendant "committed defalcation while acting in a fiduciary capacity" [Complaint, Adv. Dk. 7, ¶44]. Conclusory allegations of law are given no deference, and are insufficient to defeat this Motion. See In re Kristal, 464 B.R. 404 (Bankr. C.D. Cal. 2011).
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Fiduciary Duty
While federal law governs the definition of "fiduciary capacity," under the discharge exception for fiduciary fraud or defalcation, courts must look to state law to determine whether the requisite trust relationship exists. Under California law, a trust may be formed by express agreement, by statute, or by case law. In re Lewis, 97 F.3d at 1185. The fiduciary capacity referred to in § 523(a)(4) does not include the broad, general definition of fiduciary relationship as a relationship involving competence, trust and good faith.
Rather, the relationship is one equivalent to the position occupied by the trustee of an express trust. Ragsdale v. Haller, 780 F.2d 794, 796 (9th Cir. 1986). Since no California statute elevates the attorney-client relationship to one of trustee-beneficiary status, § 523(a)(4) can come into play only if the defendants held the position of trustees of an express trust for the benefit of the plaintiff. The essential elements of an express trust are (1) sufficient words to create a trust; (2) a definite subject; and (3) a certain and ascertained object or res. Banks v. Gill Distribution Centers, Inc., 263 F.3d 862, 870–71 (9th Cir. 2001).
Although a fiduciary duty is established, this element is not met for the foregoing reasons. The Complaint states that jury entered a verdict that included a finding that Defendant breached his fiduciary duty to Plaintiffs [Complaint, Adv. Dk. 7, ¶21]. A judgment for breach of a fiduciary duty is premised on the existence of a fiduciary duty. For purposes of this Motion, all well-pled facts in the Complaint are accepted as true, thus establishing the existence of the fiduciary relationship. Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 1950, 173 L.Ed.2d 868 (2009). However, the fiduciary relationship referred to in §523(a)(4) is analogous to the position occupied by the trustee of an express. Ragsdale v. Haller, 780 F.2d at 794. Given the Complaint fails to plead the requisite facts to establish the existence of any trust, this element is not met.
C. § 523(a)(2)(A)
§ 523(a)(2)(A) "prohibits the discharge of any enforceable obligation for money, property, services, or credit, to the extent that the money, property,
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services, or credit were obtained by fraud." Ghomeshi v. Sabban (In re Sabban), 600 F.3d 1219, 1222 (9th Cir. 2010). In order to establish that a debt is nondischargeable under § 523(a)(2)(A), a plaintiff must establish five elements: (1) misrepresentation, fraudulent omission, or deceptive conduct by the defendant; (2) knowledge of the falsity or deceptiveness of his statement or conduct; (3) an intent to deceive; (4) justifiable reliance by the plaintiff on the defendant’s statement or conduct; and (5) damage to the plaintiff proximately caused by its reliance on the defendant’s statement or conduct. In re Wolf, 577 B.R. 327 (Bankr. C.D. Cal. 2017); In re Shannon (9th Cir. BAP 2016) 553 B.R. 380, 388; In re Sabban (9th Cir. 2010) 600 F.3d
1219, 1222; In re Eashai (9th Cir. 1996) 87 F.3d 1082, 1086.
As stated previously, allegations which sound in fraud are subject a heightened pleading standard. FRCP 9(b). "In alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake." Id. These allegations must be "specific enough to give defendants notice of the particular misconduct which is alleged to constitute the fraud charged so that they can defend against the charge and not just deny that they have done anything wrong. Semegen v. Weidner, 780 F.2d 727, 731 (9th Cir.1985).
Here, the Complaint is factually devoid of the elements necessary to allege fraud. The Complaint provides legal conclusions including "[Defendant] had no intention of providing the necessary legal services" [Complaint, Adv. Dk. 7, ¶132] that he was contracted for. The Plaintiffs fail to establish all five elements necessary to support this contention. For example, the Complaint states that the Defendant performed no litigation work and told the Plaintiffs in various emails that he was working on getting a loan to get their property [Complaint, Adv. Dk. 7, ¶121]. However, there are no facts indicating any fraudulent intent, nor any facts indicating that Defendant did not intend to get the Plaintiffs their loan. The Complaint further alleges that the Plaintiffs emailed the Defendant on June 8, 2016 asking for a status update and did not receive a response [Complaint, Adv. Dk. 7, ¶122]. There are no facts indicating Defendant’s silence was based in fraud and not simple negligence or malpractice. While the State Court Judgment finds Defendant breached his fiduciary duty to Plaintiffs [Complaint, Adv. Dk. 7, ¶126], it does not include
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sufficient findings regarding the underlying facts and circumstances for this Court to determine the State Court Judgment was based on fraud.
In the alternative, Plaintiffs maintain the Defendant made false material representations and/or concealed or suppressed material information [Complaint, Adv. Dk. 7, ¶134-140]. However, again, the Complaint fails to provide what those material representations and information were, when they were made or omitted, and how they were relevant.
Thus, the facts pled are not sufficient to satisfy the relevant pleading requirements.
D. § 523(a)(6)
§ 523 excepts from discharge debts "for willful and malicious injury by the debtor to another entity or to the property of another entity. . ." 11 U.S.C. § 523(a)(6). A pleading invoking § 523(a)(6) must allege sufficient facts to show plausibly the injury was substantially certain to result from the defendant’s conduct and facts that plausibly show this conduct was the result of malice. In re Enriguez, 506 B.R.114 (Bankr. E.D. Cal. 2014). While bankruptcy law governs whether a claim is non-dischargeable under §523(a) (6), the court looks to state law to determine whether an act falls within the underlying tort. In re Bailey, 197 F.3d 997, 1000 (9th Cir. 1999); See also Lockerby v. Sierra, 535 F.3d 1038, 1041 (9th Cir. 2008). A willful and malicious injury under §523(a)(6) requires proof of a "deliberate or intentional injury, not merely a deliberate or intentional act that leads to injury." Kawaauhau v. Geiger, 523 U.S. 57, 61 (1998). The Ninth Circuit has noted that willfulness and malice are two separate requirements that are not to be "conflated" into a single inquiry, and clarified that each alternative prong of the willfulness showing must be based on the subjective standard. In re Su, 290 F.3d 1140, 1143 (9th Cir. 2002). The subjective standard focuses on the debtor’s state of mind and precludes application of § 523(a)(6)’s non- dischargeability provision short of the debtor’s actual knowledge that harm to the creditor was substantially certain. Id.
The Complaint fails to provide sufficient facts to plead a § 523(a)(6) claim.
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The Complaint alleges "the resulting legal malpractice judgment is not dischargeable in bankruptcy" but fails to provide any other facts regarding the state court action and the State Court Judgment. See Complaint, Adv. Dk. 7,
¶45. The Supreme Court has held that the type of debt excluded from discharge under § 523(a)(6) "triggers in the lawyer's mind the category intentional torts, as distinguished from negligent or reckless torts." Kawaauhau v. Geiger 523 U.S. 57, 61-62, 118 S.Ct. 974, 977 (1998). Absent any facts indicating willful or malicious conduct underlying the existence of the debt, exception to discharge is not appropriate. Based on the foregoing analysis, the Complaint does not provide sufficient allegations to satisfy a claim under § 523(a)(6).
Willful Injury
To satisfy the willful injury requirement, Plaintiff must show either: Defendant had a subjective motive to inflict the injury or Defendant believed that injury was substantially certain to occur as a result of his conduct. In re Su, 290 F.3d 1140, 1143 (9th Cir. 2002).
Here, the Complaint does not plead any facts which indicate Defendant acted with a subjective motive to inflict any injury nor that Defendant believed the injury was substantially certain to occur. The Complaint provides legal conclusions such as "[Defendant] possessed subjective intent to cause harm or knowledge that harm was substantially certain to result from his actions" [Complaint, Adv. Dk. 7 ¶176]. There are no facts to support the allegation that Defendant harbored any intent to cause any harm nor that Defendant believed the injury was substantially certain to result. These conclusory allegations of law are given no deference. See In re Kristal, 464 B.R. 404 (Bankr. C.D. Cal. 2011). Hence, the willful prong is not sufficiently pled.
Malicious Injury
A "malicious injury" under §523(a)(6) involves: a wrongful act; done intentionally; which necessarily causes injury; and is done without just cause or excuse. "Maliciousness" may be implied from circumstances surrounding the debtor’s conduct, even without proof that the debtor acted with spite,
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hatred or ill will toward the victim. In re Ormsby, 591 F.3d 1207 (9th Cir. 2010).
Here, the Complaint does not plead any facts indicating Defendant’s wrongful act was done intentionally. Although "maliciousness" may be implied from circumstances surrounding Defendant’s conduct, there are no facts alleged from which the Court can conclude Defendant acted maliciously. The Complaint alleges that Defendant "engaged in wrongful acts . . . done intentionally, which . . . caused injury and were done without just cause or excuse" [Complaint, Adv. Dk. 7 ¶175]. These are legal conclusions presented as factual allegations and are given no deference. See In re Kristal, 464 B.R. 404 (Bankr. C.D. Cal. 2011). There are no facts presented to support the conclusion that Defendant acted intentionally nor that Defendant acted without just cause or excuse. Hence, the malicious prong is not sufficiently pled.
E. § 727
§ 727(a) sets out the exclusive grounds for objecting to the debtor's discharge in bankruptcy, complaints that object to the debtor's discharge without alleging any of those grounds are subject to FRCP 12(b)(6) dismissal. In re Guiltinan, 58 B.R. 542, 545 (Bankr. S.D. Cal. 1986)
Here, the Complaint fails to allege any specific ground for objecting to Defendant’s discharge under § 727(a). § 727(a) is quoted sporadically throughout the Complaint, but fails to provide any specific ground for denying Defendant’s discharge. Without alleging specifically which grounds are being pled, the Complaint is subject to FRCP 12(b)(6) dismissal. The Complaint fails to "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests." Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) (internal quotations omitted).
F. Leave to Amend
The Court notes that the Complaint is Plaintiff’s second attempt to articulate a
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claim upon which relief may be granted; however, there is not sufficient evidence before the Court to merit denial of leave to amend in light of the statutory policy stated in FRCP 15(a)(2) (applicable in bankruptcy pursuant to FRBP 7015) to "freely give leave when justice so requires." See In re Dean, 11 B.R. 542 (B.A.P. 9th Cir. 1981), aff'd, 687 F.2d 307 (9th Cir. 1982).
Conclusion
For the reasons set forth above, the Motion is GRANTED, and Plaintiffs may file an amended complaint within 14 days of the entry of the order granting this Motion. The Court cautions Plaintiffs’ counsel to carefully consider the legal standards for the claims pled and allege facts accordingly in drafting any amended complaint.
Debtor(s):
James L Conkey Represented By Laleh Ensafi
Defendant(s):
James L Conkey Represented By Charity J Manee
Plaintiff(s):
Camil Saab Represented By
Douglas Jaffe
Helou Saab, Inc. Represented By Douglas Jaffe
Trustee(s):
Jeffrey I Golden (TR) Pro Se
10:00 AM
Adv#: 8:18-01212 Saab et al v. Conkey
STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt
(Complaint filed 12/3/18)
Docket 1
Tenative for 2/27/19 is to CONTINUE to 5/1/19 at 11:00 a.m. A status report is due 14 days in advance.
Debtor(s):
James L Conkey Represented By Laleh Ensafi
Defendant(s):
James L Conkey Pro Se
Plaintiff(s):
Camil Saab Represented By
Douglas Jaffe
Helou Saab, Inc. Represented By Douglas Jaffe
Trustee(s):
Jeffrey I Golden (TR) Pro Se
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 As To Defendant Bank Of America
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
[PRE-TRIAL AS TO DEFENDANT BANK OF AMERICA ONLY]
(Complaint filed 1/9/18) (PTC set at S/C held 3/8/18) FR: Advanced from 4-18-18; 9-19-18; 12-5-18; 2-20-19
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
11:00 AM
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
11:00 AM
Adv#: 8:18-01006 Richard A. Marshack, Chapter 7 Trustee, v. Larson et al
CONT'D STATUS CONFERENCE Hearing RE: Status Of Appeal 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
[STATUS CONFERENCE AS TO PETER KOTE ONLY]
(Complaint filed 1/9/18) (PTC set at S/C held 3/8/18) (S/C set per Order Entered 10-9-18)
FR: Advanced from 4-18-18; 9-19-18; 12-5-18; 2-20-19
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
11:00 AM
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
11:00 AM
Hearing RE: Motion For Denial Of Discharge Pursuant To 11 U.S.C. Section 727(a)(8)
(Motion filed 1/22/19)
Docket 12
Tentative for 2/27/19 is to GRANT the Motion and DENY Debtor's discharge pursuant to § 727(a)(8).
Debtor(s):
Anthony Patrick Spirito Pro Se
Trustee(s):
Thomas H Casey (TR) Pro Se
10:00 AM
Vanlochem & Associates LLP - movant attorney Motion for Relief from Stay
Nissan Motor Acceptance Corporation vs. DEBTOR (Motion filed 2/1/19)
Re: 2017 NISSAN ALTIMA, VIN # 1N4AL3AP5HC493070
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):
Alex Balbastro Represented By Alexander Pham
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
Malcolm Cisneros - movant attorney Motion for Relief From Stay
PennyMac Loan Services vs. DEBTOR (Motion 2/5/19)
Re: 31290 Congressional Dr., Temecula, CA 92591 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):
KENNETH LEE PADILLA Represented By Justin Lynch
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 1/24/19)
Re: 2015 Toyota Prius
(Tele. appr. Austin P. Nagel, rep. creditor, Toyota)
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):
Vinodh Kumar Radhakrishnan Represented By
M. Wayne Tucker
Joint Debtor(s):
Sowjanya Raya Represented By
M. Wayne Tucker
10:00 AM
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
Malcolm Cisneros, A Law Corporation - movant attorney Motion for Relief from Stay
Freedom Mortgage Corporation vs. DEBTORS (Motion filed 1/30/19)
Re: 16789 Calle Pinata, Moreno Valley, CA 92551-2151 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):
Heriberto Belman Represented By Todd L Turoci
Joint Debtor(s):
Paige Danielle Belman Represented By Todd L Turoci
10:00 AM
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, Howard Grobstein, trustee (Motion filed 1/31/19)
Re: 2015 Chevrolet Camaro, VIN: 2G1FD1E38F9275422 EH
(Tele. appr. Jennifer H. Wang, rep. creditor TD)
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):
Brenda Mendoza Represented By
James Geoffrey Beirne
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
Prenovost, Normandin, Bergh & Dawe - movant attorney Motion for Relief from Stay
Gateway One Lending & Finance (Motion filed 2/6/19)
Re: 2012 Toyota Corolla EH
Docket 9
- NONE LISTED -
Debtor(s):
Ramiro Camargo Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Law Offices of Vincent V. Frounjian, P.C. - movant attorney Motion for Relief from Stay
Honda Lease Trust vs. DEBTOR, Lynda T. Bui, chapter 7 trustee (Motion filed 2/5/19)
Re: 2017 HONDA ODYSSEY, VIN: 5FNR L5H3 7HB0 15277
EH
(Tele. appr. Vincent Frounjian, rep. creditor, Honda Lease Trust)
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):
Jeovany Adrian Beltran Pina Represented By Lionel E Giron
Trustee(s):
Lynda T. Bui (TR) Pro Se
11:00 AM
Hrg. on Trustee's Final Report; Applications for Compensation EH
Docket 0
Tentative for 3/05/19 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):
Angela M. Arents Represented By
James D. Hornbuckle
Trustee(s):
Arturo Cisneros (TR) Represented By Elyza P Eshaghi
Leonard M Shulman Melissa Davis Lowe
11:00 AM
Hrg. on chapter 7 trustee's Motion filed 1/31/19 Objecting To Debtors Claim Of Exemption In Lockheed Martin Stock Pursuant To CCP § 704.115
EH
Docket 26
Tentative for 3/05/19 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):
Lesa Dianne Beeler Represented By
Linda Roberts-Ross
Trustee(s):
Karl T Anderson (TR) Represented By Robert P Goe
Thomas J Eastmond
11:00 AM
Hrg. on chapter 7 trustee's Motion filed 1/30/19 for Order Compelling Turnover of Estate Property and Documents
EH
Docket 39
- NONE LISTED -
Debtor(s):
Oscar Sanchez Pro Se
Trustee(s):
John P Pringle (TR) Represented By Toan B Chung
1:30 PM
Hrg. on Motion for reconsideration of order disallowing and expunging claimant Kathryn Frederick's claims pursuant to Order granting City of San Bernardino's Third Omnibus Objection to claims
(Cont. from 1/22/19)
Docket 2714
- NONE LISTED -
Debtor(s):
City of San Bernardino, California Represented By
Paul R. Glassman Fred Neufeld Laura L Buchanan
1:30 PM
Hrg. on Nineteen Omnibus Objection to Claim by Claimant Yvonne Banda; Rajiv Barse; Anjali Barse; Sanjiv Barse (aka Sanjiv Sequeira); Veronica Contreras; Coasa Leemont Harvey (Proof of Claim No. 95); Nuvia Lugo; Mercury Insurance Company A/S/O Richard Reyes; Antonio Sanchez. Where (1) the City Has No Liability and/or (2) Claimants Failed to Comply with the ADR Procedures
(In Re: Rajiv Barse; Anjali Barse; Sanjiv Barse (aka Sanjiv Sequeira), the hearing is continued to 3/19/19, @ 1:30 p.m.)
Docket 2775
Tentative for 3/05/19:
The Objection is SUSTAINED, except as to Rajiv Barse, Anjali Barse, and Sanjiv Barse (aka Sanjiv Sequeira), which have been continued to 3/19/19.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court 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 approval of Disclosure Statement (Cont. from 2/5/19)
EH
(Tele. appr. Darlene C. Vigil, rep. creditor, Wilmington Trust National Association)
Docket 0
Tentative for 3/5/19:
Appearances required.
****************************************************************************** Tentative for 2/5/19:
Counsel should appear and be prepared to discuss the following issues:
The feasibility of the plan appears to be based in part on payments from third parties. Debtor should provide additional support for approval of a plan under Chapter 11 with such a contingency. Further, the Court notes that Debtor’s family members have provided declarations stating that they can afford to and will continue to make the payments to the Debtor in support of her plan; however, these statements lack foundation and detail sufficient to convince the Court of their reliability. For example, while Mr. Mendoza and Ms. Calangi both provide their monthly income, they do not state their monthly
1:30 PM
expenses, so the Court cannot evaluate whether they truly have the financial ability to make the promised monthly contributions for the duration of the Debtor’s plan.
It is not clear that the treatment of the claims of junior lienholders
Angelina Yumang and AMC Rockwell Corporation as unsecured claims owed $0.00 is appropriate. Debtor argues her personal obligation on this lien was discharged in 2012, and the Creditors’ liens were stripped pursuant to a motion to value. In support of this assertion, Debtor cites case law for Chapter 13 cases, but does not address the effect of § 1111(b)(A) (which does not apply in Chapter 13), which provides that a claim secured by property of the estate shall be treated as though the holder had recourse against the debtor on account of the claim. See In re B.R. Brookfield Commons No. 1 LLC, 735 F.3d 596, 598 (7th Cir.
2013) (requiring an otherwise non-recourse claim to be treated as if creditor had recourse against debtors because creditor's claim was secured by a valid lien against debtors' property); In re Salamon, 854 F.3d 632, 636 (9th Cir. 2017) (finding that §1111(b)(A) did not apply where the property had been sold and the liens were secured by property that was no longer property of the estate).
The Plan and Disclosure Statement propose to modify a mortgage secured by Debtor’s primary residence. It is unclear why this is permissible under §1123(b)(5).
While the Disclosure Statement references the Wells Fargo Motion for Relief from stay with respect to the 16593 Catena Drive Property, it does not mention the relief from stay motion with respect to the 2226 Rancho Hills Drive property that was granted on June 22, 2018 [Dk. 75], or whether this property remains property of the estate or if this relief from stay has any effect on the estate.
Appearances required.
1:30 PM
************************************************************************** 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
Hrg. on Chapter 11 Status Conference (Cont. from 2/5/19)
EH
(Tele. appr. Darlene C. Vigil, rep. creditor, Wilmington Trust National Association)
Docket 0
Tentative for 3/5/19:
None listed.
************************************************************************** Tentative for 2/05/19 is to set a CONTINUED date of April 2, 2019, at 1:30 p.m.
*************************************************************************** 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
1:30 PM
Todd L Turoci
1:30 PM
Hrg. on Chapter 11 Status Conference
EH
(Cont. from 1/22/19)
(Tele. appr. Brian T. Harvey, rep. creditor, Strategic Funding Source)
Docket 0
Tentative for 3/5/19 is to set a continued status conference date of April 16, 2019 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
*******************************************************************************
Tentative for 1/22/19 is to set a continued status conference date of March 5, 2019 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
******************************************************************************* 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.
1:30 PM
****************************************************************************** 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 Approval of Disclosure Statement EH
(Tele. appr. Brian T. Harvey, rep. creditor, Strategic Funding Source)
Docket 0
Tentative for 3/5/19 is to CONTINUE the hearing on the disclosure statement to April 16, 2019, at 1:30 p.m. to allow Debtor to file an amended plan and disclosure statement that addresses and resolves the issues raised in the objections filed by Creditor Columbia Bank on February 15, 2019 [Dk. 127] and by the UST on February 19, 2019 [Dk. 128].
An amended disclosure statement and plan must be filed by March 26, 2019. Oppositions to the amended disclosure statement are due April 2, 2019.
Replies to any opposition are due April 9, 2019.
Appearances for the 3/5/19 hearing are excused.
Debtor(s):
Big Bear Bowling Barn, Inc. Represented By Julie J Villalobos
1:30 PM
Hrg. on Debtor's Motion filed 8/8/18 to Use Cash Collateral (Cont. from 1/22/19)
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
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 11/5/18)
FR: 12-20-18; 1-24-19; 2-7-19
Docket 1
- NONE LISTED -
Debtor(s):
Kendall Frozen Fruits, Inc. Represented By Steven Werth
11:00 AM
Hearing RE: Order To Show Cause RE: Debtor's Application To Employ Holthouse Carlin Van Tright LLP As Outside Certified Public Accountant (Motion filed 12-20-18)
(Set per Order To Show Cause Entered 2-6-19)
Docket 107
- NONE LISTED -
Debtor(s):
Kendall Frozen Fruits, Inc. Represented By Steven Werth David S Kupetz
10:00 AM
Hrg. on approval of reaffirmation Agreement filed 12/28/18 Between Debtor and JPMorgan Chase Bank, N.A., in the amount of $22,360.63
Re: 2017 Jeep Cherokee (Cont. from 2/6/19)
Docket 10
- NONE LISTED -
Debtor(s):
Jose Rolando Lemus Represented By Yolanda Flores-Burt
Joint Debtor(s):
Sandra Luz Lemus Represented By Yolanda Flores-Burt
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 1/2/19, Between Debtor and Arrowhead Credit Union, in the amount of $23,382.37
Re: 2016 Nissan Maxima (Cont. from 2/6/19)
Docket 11
- NONE LISTED -
Debtor(s):
Gabriel Alfredo Acuna Represented By Neil R Hedtke
Joint Debtor(s):
Blanca Estella Salser-Acuna Represented By Neil R Hedtke
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 1/10/19, Between Debtor and Cab West, LLC, in the amount of $1872.60
Re: 2016 Ford Fusion (Cont from 2/6/19)
Docket 12
- NONE LISTED -
Debtor(s):
Jose Garcia Garcia Pro Se
Joint Debtor(s):
Jaqueline Janeth Huezo Asencio Pro Se
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement Between Debtor and Capital One Auto Finance, a division of Capital One, in the amount of $12,906.11
Re: 2015 Kia Sportage (Cont. from 2/6/19)
Docket 19
- NONE LISTED -
Debtor(s):
Donald Meredith Dible Represented By Stephen H Darrow
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
Hrg. on Approval of Reaffirmation Agreement filed 1/14/19 Between Debtor and Toyota Motor Credit Corporation, in the amount of $15,944.99
Re: 2013 Toyota Highlander (Cont from 2/6/19)
Docket 12
- NONE LISTED -
Debtor(s):
Mario Edgardo Escalante Lopez Represented By Marlin Branstetter
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
Hrg. on Approval of Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation, in the amount of $25,703.79
Re: 2017 Toyota RAV4 (Cont. 2/6/19)
Docket 13
- NONE LISTED -
Debtor(s):
Sylvia Garcia Represented By
Marlin Branstetter
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
Hrg. on Approval of Reaffirmation Agreement filed 1/29/19 Between Debtor and Navy Federal Credit Union, in the amount of $3,150.14
Re: 2014 Jeep
Docket 12
- NONE LISTED -
Debtor(s):
Zelle Flor Arrogante - Frazier Represented By Sanaz S Bereliani
Joint Debtor(s):
John Ben Frazier Represented By Sanaz S Bereliani
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Hearing filed 2/12/19 Between Debtor and Alaska USA Federal Credit Union, in the amount of $14,572.53
Re: 2016 Dodge Grand Caravan
Docket 7
- NONE LISTED -
Debtor(s):
Arthur A Rodriguez Pro Se
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 12/13/19 Between Debtor and American Honda Finance Corporation, in the amount of $6,322.82
Re: 2015 Honda CRV
Docket 12
- NONE LISTED -
Debtor(s):
Jennifer Jean Worth Represented By Antoine R Gadpaille
Trustee(s):
Steven M Speier (TR) 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. from 10/24/18) EH
Docket 1
Tentative for 3/06/19:
This matter is CONTINUED to June 26, 2019 at 1:30 p.m. A status report (whether joint or unilateral) is due 14 days in advance.
Appearances are excused.
*************************************************************************** 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
1:30 PM
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.
****************************************************************************** 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:
1:30 PM
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
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
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 [Holding Date]
(Complaint filed 10/7/17)
FR: 1-24-18; 4-18-18; 8-1-18;10-17-18; 10-24-18; 12-19-18
Docket 1
NONE LISTED -
Debtor(s):
Lilibeth Del Rosario Represented By Mark D Klein
Defendant(s):
Credit First Pro Se
JP Morgan Chase Bank Pro Se
American Express Bank FSB 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
10:00 AM
Motion for relief from stay [Personal Property]
Ford Motor Credit Company LLC vs. DEBTOR (Motion filed 2/11/19)
[RE: 2016 Ford F150 - VIN No.: 1FTEW1EG8GKE98785]
Docket 98
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):
Tim M McKenna Represented By Michael G Spector
Trustee(s):
Jeffrey I Golden (TR) Represented By Ryan W Beall Reem J Bello
10:00 AM
Motion for relief from stay [Personal Property]
Newtek Small Business Finance, LLC vs. DEBTORS (Motion filed 2/6/19)
(Amended Motion filed 2/8/19)
[RE: All Personal Property Listed In Debtors' Bankrutpcy Schedules A/B]
Docket 40
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):
Ian G. Winterbotham Represented By Michael D Franco
Joint Debtor(s):
Bree C. Winterbotham Represented By Michael D Franco
Trustee(s):
Richard A Marshack (TR) Represented By Larry D Simons
10:00 AM
Motion for relief from stay [Personal Property]
BMW Bank Of North America vs. DEBTOR (Motion filed 2/1/19)
(Amended Motion filed 2/4/19)
[RE: 2016 BMW X1 xDrive28i Sport Utility 4D] [VIN No.: WBXHT3C31GP887565]
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):
Ronie Ocampo Represented By
Richard L. Sturdevant
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
CONT'D Motion for relief from stay [Unlawful Detainer]
Sy & YM, LLC vs. DEBTOR
(Motion filed 1/16/19)
[RE: 406 W. Washington Avenue, Apartment No. 2, Santa Ana, CA 92706]
FR: 2-7-19
Docket 10
Tentative for 3/07/19:
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.
************************************************************************* Tentative for 2/7/19 is to DENY for lack of evidence.
The motion and attached declaration have significant evidientiary defects which prevent the granting of the Motion:
Although Declarant indicates that he is Movant's attorney (¶1(d)), he does not provide foundation for his knowledge of the facts (¶2).
Declarant lists movant as the legal owner of the Property, but does not attach any evidence of ownership directly to the Motion (¶4). Although a lease is
10:00 AM
attached to the UD Complaint that is attached to the Motion, the UD Complaint is only verified by e-signature.
The Motion does not provide any information regarding monthly rent or other obligations Debtor has failed to pay (¶6).
While Debtor's address is the same as the one listed on the 60-Day Notice to Terminate Tenancy and the UD Complaint, Debtor is not listed as a defendant in the UD Action, nor has any evidence been provided that Debtor has been substituted in as a Doe. Debtor also is not listed on the unexecuted lease attached to the UD Action.
Accordingly, Movant has not provided sufficient evidence that it is entitled to the relief requested.
Appearances required.
Debtor(s):
Rodrigo Gallardo Martin Represented By Randy Alexander
Trustee(s):
Thomas H Casey (TR) Pro Se
10:00 AM
Motion for relief from stay [Real Property]
Wilmington Trust, National Association, Not In Its Individual Capacity, But Solely As Trustee For MFRA Trust 2015-2 vs. DEBTORS
(Motion filed 1/29/19)
[RE: 3074 Cresta Way, Laguna Beach, California 92651]
Docket 38
Tentative for 3/07/19:
Appearances required.
Debtor(s):
Michael John Beresford Represented By Keith R Wood
Joint Debtor(s):
Allison Beresford Represented By Keith R Wood
Trustee(s):
Richard A Marshack (TR) Pro Se
11:00 AM
Hearing RE: Order Directing Debtor To Appear And Show Cause Why Case Should Not Be Dismissed Or Converted
(Set per OSC Entered 1/24/19)
Docket 177
Tentative for 3/07/19:
The Court has received and reviewed the Status Report and Declaration filed in Response to the OSC on 2/21/19 [Dk. 183] and will discharge the OSC. Counsel is to lodge an order within seven (7) days.
Appearances are excused.
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 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; 9-20-18; 1-24-19
Docket 1
Tentative for 3/07/19:
This matter is continued to August 15, 2019 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
************************************************************************** Tentative for 1/24/19:
As of the posting of this tentative, no status report has been filed. Appearances required.
Debtor(s):
Marzieh Bagheri-Tari Represented By
Yeznik O Kazandjian
11:00 AM
CONT'D Hearing RE: Omnibus Motion Of CA Express Fund, LLC And CA Real Estate Opportunity Fund II, LLC to Disallow Claims Pursuant To 11 U.S.C. 502(e) (Motion filed 12/21/18)
Claim No. 3-1 William Jordan $ Zero or Unknown Claim No. 6-1William Jordan $ Zero or Unknown
FR: 1-24-19
Docket 751
Tentative for 3/07/19 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.
******************************************************************************
The Tentative for 1/24/19 is to GRANT the objection and disallow Claims 3-1 and 6-1 (collectively, "Claims") under § 502(e) to the extent that the Claims (1) are based on Mr. Jordan’s right to payment, if any, arising from the indemnification provisions in the operating agreements of CA Express Fund and CA Real Estate Opportunities II (collectively, "Debtors"); and (2) seek indemnification in relation to the complaint filed by the SEC.
Debtors seek disallowance of the claims under § 502(e), and have established
11:00 AM
the three required elements for the limited basis described above. However, the Motion is ambiguous regarding the precise nature of the Claims; it represents that "presumably" the Claims are based on the indemnification provisions of the Debtors’ operating agreements and seek indemnification for claims related to the complaint filed by the SEC. In light of such uncertainty, the Debtors have not met their burden to disallow the claims for anything other than the narrow circumstance described above.
If Debtors seek an order more generally disallowing these claims, they should be prepared to explain why such disallowance is merited and point to the evidence in support of their position.
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 Timothy W Evanston
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 10/4/18)
(Case Converted on 12/4/18) FR: 1-24-19
Docket 0
Tentative for 3/07/19:
Debtor shall file a disclosure statement and plan by May 1, 2019. The disclosure statement hearing shall be held on June 13, 2019 at 11:00 a.m.
A continued status conference shall be held on June 13, 2019 at 11:00 a.m. with a status report due 14 days in advance.
Appearances required.
********************************************************************************* Tentative for 1/24/19 is to set the following dates/deadlines:
Deadline for filing a plan and disclosure statement: May 1, 2019. Note: the failure to timely file a plan and disclosure statement may result in the conversion or dismissal of the case.
Continued status conference: June 13, 2019 at 11:00 a.m. A status report is due 14 days in advance.
Appearances required.
11:00 AM
Debtor(s):
Brooks T Morgan Represented By
Catherine Christiansen
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 11/5/18)
FR: 12-20-18; 1-24-19; 2-7-19; 3-5-19
Docket 1
Tentative for 3/07/19 is to set a continued status conference date of June 27, 2019 at 11:00 a.m. with a status report due 14 days in advance.
Appearances required.
****************************************************************************** Tentative for 2/07/19 is to set a continued status conference on April 18, 2019 at 11:00 a.m. A status report is due 14 days in advance.
Debtor is also instructed to lodge a scheduling order setting forth the dates and deadlines established at the 1/24/19 status conference.
**************************************************************************** Tentative for 1/24/19 is to set the following dates/deadlines:
Deadline for filing a plan and disclosure statement: March 5, 2019. See Status Report filed 12/6/18 [Dk. 60], pg. 9:15-18. Note: the failure to timely file a plan and disclosure statement may result in the conversion or dismissal of the case.
Claims Bar Date: March 29, 2019 with notice to be served by January 28, 2019.
Continued status conference: April 18, 2019 at 11:00 a.m. A status report
11:00 AM
is due 14 days in advance. Appearances required.
***************************************************************************** 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
CONT'D Hearing RE: Order To Show Cause RE: Debtor's Application To Employ Holthouse Carlin Van Tright LLP As Outside Certified Public Accountant
(Motion filed 12-20-18)
(Set per Order To Show Cause Entered 2-6-19) FR: 3-5-19
Docket 107
Tentative for 3/07/19:
The parties should appear and be prepared to discuss the work performed to date by HCVT and how the Chapter 11 Trustee would like to proceed with respect to HCVT moving forward.
Appearances required.
Debtor(s):
Kendall Frozen Fruits, Inc. Represented By Steven Werth David S Kupetz
10:00 AM
Hrg on Emergency Motion of debtor for entry of Order (A) Prohibiting utilities from altering, refusing, or discontinuing services, and (B) Determining adequate assurance of payment for future utility services
EH
Docket 10
Debtor(s):
Air Force Village West Inc Represented By Samuel R Maizel Tania M Moyron
Movant(s):
Air Force Village West Inc Represented By Samuel R Maizel Samuel R Maizel Tania M Moyron Tania M Moyron
10:00 AM
Hrg on Emergency Motion of Debtor to: (I) Partially Excuse Receiver From Compliance With Turnover Requirements; (II) Authorize Receivers Continued Retention Of Professionals; and (III) Obtain Related Relief
EH
Docket 11
Debtor(s):
Air Force Village West Inc Represented By Samuel R Maizel Tania M Moyron
10:00 AM
Hrg on Emergency Motion of Debtor for Interim and Final Orders (A) Authorizing the Debtor to Obtain Post Petition Financing, (B) Authorizing the Debtor to Use Cash Collateral, and (C) Granting Adequate Protection to Prepetition Lenders Pursuant to 11 U.S.C. Sections 105, 363, 364, 1107 and 1108
EH
Docket 12
Debtor(s):
Air Force Village West Inc Represented By Samuel R Maizel Tania M Moyron
10:00 AM
Hrg. on Emergency Motion Of Debtor For Authority To: (I) Continue Using Existing Cash Management System, Bank Accounts And Business Forms; (II) Implement Changes To The Cash Management System In The Ordinary Course Of Business; And (III) Obtain Related Relief
EH
Docket 13
Debtor(s):
Air Force Village West Inc Represented By Samuel R Maizel Tania M Moyron
10:00 AM
Hrg. on Emergency Motion Of Debtor For Entry Of Order: (I) Authorizing The Debtor To (A) Pay Prepetition Employee Wages And Salaries, And (B) Pay And Honor Employee Benefits And Other Workforce Obligations; And (II) Authorizing And Directing The Applicable Bank To Pay All Checks And Electronic Payment Requests Made By The Debtor Relating To The Foregoing
EH
Docket 14
Debtor(s):
Air Force Village West Inc Represented By Samuel R Maizel Tania M Moyron
10:00 AM
Hrg. on Emergency Motion for Entry of an Order Authorizing Debtor to Honor Prepetition Obligations to Critical Vendors
EH
Docket 15
Debtor(s):
Air Force Village West Inc Represented By Samuel R Maizel Tania M Moyron
10:00 AM
Hrg. on Emergency Application for an Order (A) Appointing Kurtzman Carson Consultants LLC as Claims and Noticing Agent and (B) Approving the Form and Manner of Notice of Case Commencement
EH
Docket 17
Debtor(s):
Air Force Village West Inc Represented By Samuel R Maizel Tania M Moyron
10:00 AM
Hrg. on Emergency Motion for Entry of Order Authorizing the Debtor to (I) Maintain Insurance Programs, (II) Pay Insurance Premiums in the Ordinary Course, and (III) Pay All Obligations Associated Therewith
EH
Docket 18
Debtor(s):
Air Force Village West Inc Represented By Samuel R Maizel Tania M Moyron
10:00 AM
Hrg. on Emergency Motion For Order Limiting Scope of Notice EH
Docket 19
Debtor(s):
Air Force Village West Inc Represented By Samuel R Maizel Tania M Moyron
10:00 AM
Hrg. on Emergency Motion For Entry of Order Authorizing Filing Under Seal of Confidential Patient Information
EH
Docket 22
Debtor(s):
Air Force Village West Inc Represented By Samuel R Maizel Tania M Moyron
10:00 AM
Law Offices of Glen Dresser - movant attorney Motion for Relief from Stay
USALLIANCE FCU vs DEBTOR
(Motion filed Hearing 2/22/19)
RE: 2016 Chevy Silverado and 2016 Chevy Suburban EH
Docket 46
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):
Benjamin T Calhoun Represented By James R Selth
Trustee(s):
Steven M Speier (TR) Represented By Robert P Goe
10:00 AM
French Lyon Tang - movant attorney Motion for Relief from Stay
Bank of the West vs. DEBTOR (Motion filed 2/20/19)
Re: 2012 Chevrolet Equinox EH
(Tele. appr. Mary Tang, rep. creditor, Bank of the 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):
Kimberly M. Turner 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
First Investors Servicing Corporation vs DEBTOR, Robert Whitmore, trustee (Motion filed 2/14/19)
Re: 2014 Mercedes Benz CLS Class, VIN: WDDLJ9BB0EA091050 EH
(Tele. appr. Sheryl Ith, rep. creditor, First Investors Corporation)
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):
Bryan Alberto Garcia Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
11:00 AM
Hrg. on Chapter 7 Trustee's Motion filed 2/14/19 to approve compromise of Estates Interest in Product Liability Claims; Approving Certain Fees and Costs
EH
Docket 25
Tentative for 3/19/19 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):
Jamie Burst Spada Represented By Marc E Grossman
Trustee(s):
Robert Whitmore (TR) Represented By David Kuttles David Kuttles
11:00 AM
Hrg. on Debtor and Debtor's spouse for order withdrawing mutual waiver of right to claim state exemptions
EH
Docket 34
Tentative for 3/19/19.
Appearances are required.
Debtor(s):
Thomas John Forrest Represented By Michael F Chekian
Trustee(s):
Larry D Simons (TR) Represented By Wesley H Avery
11:00 AM
Hrg. on approval of trustee's final report; applications for compensation EH
Docket 0
Tentative for 3/19/19 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):
Johnard C Reyes Represented By Julie J Villalobos
Joint Debtor(s):
Crizelda Mallares-Reyes Represented By Julie J Villalobos
Trustee(s):
Charles W Daff (TR) Pro Se
11:00 AM
Hrg. on approval of trustee's final report; applications for compensation EH
Docket 0
Tentative 3/19/19 is to APPROVE as requested, except that $300 in fees by Karl T. Anderson CPA and $480 in fees by Pagter and Perry Isaacson related to employment applications 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) (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 Applicants havce not demonstrated that the 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.
Debtor(s):
Rick Lee Letts Represented By Donald Segretti
Joint Debtor(s):
Kathleen Masuye Letts Represented By
11:00 AM
Trustee(s):
Donald Segretti
Karl T Anderson (TR) Represented By
Misty A Perry Isaacson
11:00 AM
Hrg. on Trustee's Final Report; Application for Compensation EH
Docket 0
Tentative for 3/19/19 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):
Giovanni C. Chavez Represented By Michael D Luppi
Trustee(s):
Howard B Grobstein (TR) Pro Se
11:00 AM
Hrg. on approval of trustee's final report; applications for compensation EH
Docket 0
Tentative for 3/19/19 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 Lee Holleman Represented By Karen E Lockhart
Trustee(s):
Karl T Anderson (TR) Pro Se
11:00 AM
Hrg. on U.S. Trustee's Motion For Order Compelling Attorney To File Disclosure Of Compensation Pursuant To 11 U.S.C. § 329 And Federal Rule Of Bankruptcy Procedure 2016
EH
Docket 19
Updated tentative for 3/19/19:
The Court has received and reviewed the opposition [Dk. 33] and Disclosure of Compensation [Dk. 32] filed on 3/18/19. While the Court is not pleased with the extreme tardiness of filing an opposition on the eve of a hearing, it is inclined to consider the late-filed documents as they go to the merits of the Motion. Both parties are directed to appear and discuss the sufficiency of the disclosure and why it could not have been made in a more timely manner.
Appearances required.
*************************************************************************** Tentative for 3/19/19 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.
11:00 AM
Debtor(s):
Gorilla Islands, LLC Represented By Bruce A Boice
Trustee(s):
Howard B Grobstein (TR) Represented By Christopher K.S. Wong M Douglas Flahaut Aram Ordubegian
1:30 PM
Hrg. on Nineteen Omnibus Objection to Claim by Claimant; Rajiv Barse; Anjali Barse; Sanjiv Barse (aka Sanjiv Sequeira); Notice of Nineteenth Omnibus Objection and City of San Bernardinos Nineteenth Omnibus Objection to Claims Where (1) the City Has No Liability and/or (2) Claimants Failed to Comply with the ADR Procedures
Docket 2775
Tentative for 3/19/19:
The City objected to the claims of Rajiv Barse, Anjali Barse, and Sanjiv Barse (aka Sanjiv Sequeira) (the "Claimants") on the grounds that they have intentionally failed to comply with the ADR Procedures, which require them to
provide the City with the documents the City requested supporting their claims of liability and damages, and (b) participate in mediation.
Counsel for the Claimants should be prepared to walk the Court through the admissible evidence submitted demonstrating compliance with the ADR Procedures.
Appearances required in Courtroom 5C, located at 411 W. Fourth Street, Santa Ana, CA 92701.
Debtor(s):
City of San Bernardino, California Represented By
Paul R. Glassman Fred Neufeld Laura L Buchanan
1:30 PM
Hrg. on Post Confirmation Status Conference (Cont. from 11/27/18)
EH
Docket 0
Tentative for 3/19/19:
This matter is CONTINUED to June 11, 2019 at 1:30 pm. as a holding date pending approval of the motion for final decree filed March 13, 2019 [Dk. 330]
Appearances are excused.
*********************************************************************** 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.
1:30 PM
***************************************************************************** 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
Hrg. on Post Confirmation Status Conference EH
(Cont. from 11/27/18)
Docket 66
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 (Cont. from 12/18/18)
EH
(Tele. appr. Najah Shariff, rep. creditor, United States of America)
Docket 1
Tentative for 3/19/19:
The Court has received and reviewed the status report filed March 5, 2019 [Dk. 155] and the operating report filed March 6, 2019 [Dk. 156], and based on the information provided, will CONTINUE this status conference to July 16, 2019 at 1:30 p.m.
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.
1:30 PM
****************************************************************************** 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 Todd L Turoci
1:30 PM
Hrg. on chapter 7 trustee's motion filed 3/6/19 (1) Approving sale of estate property, subject to overbid pursuant to 11 U.S.C. §363; (2) Authorizing sale free and clear of all liens ,claims and encumbrances pursuant to 11 U.S.C. §§363(b)
and (f); (3) Approving surcharge of collateral pursuant to 11 U.S.C. §506(c); and (4) Determining the priority of distribution of IRS tax lien as subordinated to administrative expenses
EH
(Tele. appr. Greg Jones, rep. Debtor, Foster Enterprises) (Tele. appr. Jolene Tanner, rep. creditor, U.S.A.)
Docket 440
Tentative for 3/19/19:
This matter was heard on shortened time at the request of the Chapter 7 Trustee, who seeks approval to (1) sell personal property of the corporate debtor for $75,000 free and clear of the IRS lien and (2) surcharge the IRS lien. Trustee’s counsel should appear in Courtroom 5C in Santa Ana and be prepared to address the arguments raised in the opposition filed by the IRS on 3/18/19 [Dk. 450].
Appearances required.
Debtor(s):
Foster Enterprises, a California Represented By Dean G Rallis Jr Matthew D Pham Gregory K Jones
1:30 PM
Trustee(s):
John P Pringle (TR) Represented By Toan B Chung
1:30 PM
Hrg. on Debtor's Motion filed 8/8/18 to Use Cash Collateral (Cont. from 3/5/19)
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
10:00 AM
Adv#: 6:18-01230 Whitmore v. Scott et al
STATUS CONFERENCE re: Complaint by Robert S. Whitmore against Darbie Vandre Scott, Caroll Ann Vandre. (Charge To Estate). ($350.00) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other))
EH
(Cont. from 2/6/19)
Docket 1
- NONE LISTED -
Debtor(s):
Caroll Ann Vandre Represented By Gene P Killian
Defendant(s):
Darbie Vandre Scott Pro Se
Caroll Ann Vandre Pro Se
Plaintiff(s):
Robert S. Whitmore Represented By Douglas A Plazak
Trustee(s):
Robert Whitmore (TR) Represented By Douglas A Plazak
1:30 PM
Adv#: 6:18-01230 Whitmore v. Scott et al
STATUS CONFERENCE re: Complaint by Robert S. Whitmore against Darbie Vandre Scott, Caroll Ann Vandre -Recovery of money/property - 548 fraudulent transfer
EH
(Cont. from 2/6/19)
Docket 1
Tentataive for 3/20/19:
This matter is CONTINUED to June 12, 2019 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
Caroll Ann Vandre Represented By Gene P Killian
Defendant(s):
Darbie Vandre Scott Pro Se
Caroll Ann Vandre Pro Se
Plaintiff(s):
Robert S. Whitmore Represented By Douglas A Plazak
1:30 PM
Trustee(s):
Robert Whitmore (TR) Represented By Douglas A Plazak
1:30 PM
Adv#: 6:18-01108 Daff v. Velasquez
PRE-TRIAL CONFERENCE re: Complaint by Charles W. Daff against Linda D. Velasquez for: 1) Avoidance and Recovery of Constructive Fraudulent Transfer; 2) 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
- NONE LISTED -
Debtor(s):
Angela Denise Peterson Pro Se
Defendant(s):
Linda D. Velasquez Represented By Charity J Manee
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
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
(Cont. from 12/19/18)
Docket 1
- NONE LISTED -
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
Trustee(s):
Larry D Simons (TR) Represented By Wesley H Avery
1:30 PM
Adv#: 6:18-01065 Fawzy v. Garcia
PRE-TRIAL 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 3/20/19:
The Court is inclined to set a trial date of July 30, 2019 at 10:00 a.m. All motions in limine must be filed and self-calendared so that they are heard and resolved by no later than July 3, 2019.
Appearances are required.
***************************************************************************** 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
1:30 PM
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 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
1:30 PM
Trustee(s):
Steven M Speier (TR) Pro Se
1:30 PM
Adv#: 6:19-01010 Pringle v. Marshall et al
Hrg. on Plaintiff's Motion filed 2/21/19 for Default Judgment
EH
Docket 12
- NONE LISTED -
Debtor(s):
Ann Lighthall Marshall Represented By Karen E Lockhart
Defendant(s):
Ann Lighthall Marshall Pro Se
Ann Lighthall Marshall Pro Se
William S. Manley Pro Se
William S. Manley Pro Se
Plaintiff(s):
John P. Pringle Represented By
Michelle A Marchisotto
Trustee(s):
John P Pringle (TR) Represented By Patricia Miller
Michelle A Marchisotto
10:00 AM
Adv#: 8:18-01215 Saunders v. Singh
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Determination That Debt Is Non-Dischargeable Pursuant To 11 U.S.C. Section 523(a)
(Complaint filed 12/3/18) FR: 2-27-19
Docket 1
- NONE LISTED -
Debtor(s):
Manraj Singh Represented By Kevin J Kunde
Defendant(s):
Manraj Singh Pro Se
Plaintiff(s):
Cristina Saunders Represented By Jerrold L Bregman
Trustee(s):
Karen S Naylor (TR) Pro Se
10:00 AM
Adv#: 8:18-01006 Richard A. Marshack, Chapter 7 Trustee, v. Larson et al
CONT'D STATUS CONFERENCE Hearing RE: Status Of Appeal 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
[STATUS CONFERENCE AS TO PETER KOTE ONLY]
(Complaint filed 1/9/18) (PTC set at S/C held 3/8/18) (S/C set per Order Entered 10-9-18)
FR: Advanced from 4-18-18; 9-19-18; 12-5-18; 2-20-19; 2-27-19
[Tele. appr., Daniel Larson, repr., Daniel Larson]
Docket 1
Tentative for 3/20/19:
This matter is CONTINUED to May 15, 2019, at 10:00 a.m., as a holding date to allow entry of an order on the Motion to Approve Settlement between Trustee and defendant Bank of America, and to allow resolution of any issues related to the appeal of the Order Approving Settlement between Trustee and Peter Kote.
If all appeals have not been completed and the case has not been dismissed, a status report is due 14 days in advance.
Appearances are excused.
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 PRE-TRIAL CONFERENCE Hearing RE: Complaint As To Defendant Bank Of America
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 Preserve Collateral Securing Their Claims; And
Damages For Violations Of Section 807 Of The FDCPA, 15 U.S.C. Section 1692e
[PRE-TRIAL AS TO DEFENDANT BANK OF AMERICA ONLY]
(Complaint filed 1/9/18) (PTC set at S/C held 3/8/18)
FR: Advanced from 4-18-18; 9-19-18; 12-5-18; 2-20-19; 2-27-19
[Tele. appr., Daniel Larson, repr., Daniel Larson]
Docket 1
Tentative for 3/20/19:
In light of the settlement with Bank of America, the pretrial is converted to a status conference and is consolidated with the status conference as to Peter Kote.
Appearances are excused.
Debtor(s):
Dana Kim Shelton Represented By Christopher P Walker
10:00 AM
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
11:00 AM
Hearing RE: Chapter 11 Trustee's Motion For Order: (1) Approving Global Compromise Between Debtor, The Trustee, And Creditor Agroindustrial Valle Frio S.A.; (2) Approving Post-Petition Financing To Fund Global Settlement; (3)
Authorization To Obtain Customs Bond (Motion filed 3/12/19)
(OST Entered 3/12/19)
Docket 137
- NONE LISTED -
Debtor(s):
Kendall Frozen Fruits, Inc. Represented By Steven Werth David S Kupetz
Trustee(s):
Howard B Grobstein (TR) Represented By David Wood
11:00 AM
Adv#: 8:17-01108 Marshack v. Mugar et al
PRE-TRIAL CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt And/Or To Deny A Discharge
(Complaint filed 6/26/17)
(set per Order Entered 8/15/18)
Docket 1
- 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
11:00 AM
Plaintiff(s):
Richard A. Marshack Pro Se
Trustee(s):
Richard A Marshack (TR) Represented By Michael G Spector
11:00 AM
Hearing RE: Motion To Compel Trustee To Abandon Real Property Located At 71 Circle Court, Mission Viejo, CA 92692 Pursuant To 11 U.S.C. Section 544(b) (Motion filed 2/20/19)
Docket 29
Tentative for 3/20/19 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):
Kimberly Autumn Lawson Represented By Andrew S Bisom
Trustee(s):
Weneta M Kosmala (TR) Pro Se
11:00 AM
Hearing RE: Chapter 7 Trustee's Motion To Approve Compromise With Bank Of America
(Motion filed 2/20/19)
(Set per Notice of Hearing filed 3/5/19)
[Tele. appr., Daniel Larson, repr., Daniel Larson]
Docket 175
Tentative for 3/20/19:
Trustee should be prepared to address the following questions/ concerns:
The Motion describes the agreement between the Trustee and Bank of America; is there a written agreement?
The Trustee proposes to pay Bank of America $30,000 upon approval of this agreement. However, no representations have been made regarding: (1) whether the first priority lienholders have been paid pursuant to their respective settlement agreements; (2) whether there are sufficient funds to pay the agreed $30,000 to Bank of America after the first priority lienholders have been paid in full pursuant to their respective settlement agreements; and (3) what, if any, effect does the status of the appeal of the Kote Settlement have on this proceeding?
The Court has reviewed District Court Judge Fitzgerald's ruling regarding the standing of Daniel Larson with respect to this case. The Court would appreciate discussion of both Mr. Larson's standing and the merits of his objections.
Appearances required.
Debtor(s):
Dana Kim Shelton Represented By
11:00 AM
Trustee(s):
Christopher P Walker
Richard A Marshack (TR) Represented By
Misty A Perry Isaacson
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
(Cont. from 12/19/18)
Docket 1
- NONE LISTED -
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
Trustee(s):
Larry D Simons (TR) Represented By Wesley H Avery
10:00 AM
CONT'D Hearing RE: Motion For Relief From The Automatic Stay To Permit Setoff And Application Of Deposit Account Funds
(Motion filed 11/29/18) (Amended Motion filed 2/7/19)
FR: 12-20-18; 1-24-19
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 [Personal Property]
Toyota Motor Credit Corporation, Servicing Agent For Toyota Lease Trust vs. DEBTOR
(Motion filed 2/12/19)
[RE: 2018 Toyota Camry - VIN No.: JTNB11HK2J3068359]
[Tele. appr., Austin P. Nagel, repr., Toyota Motor Credit Corporation]
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):
Thomas Joseph Lynch JR Represented By Patrick OKennedy
Trustee(s):
Karen S Naylor (TR) Pro Se
11:00 AM
Hearing RE: Debtor's Emergency Motion For Order Authorizing Payment And Honoring Of Pre-Petition Payroll Obligations
(Motion filed 3/8/19)
Docket 11
Tentative for 3/21/19 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):
MyTailor.com Represented By Christopher P Walker
11:00 AM
Hearing RE: Confirmation Of Joint Chapter 11 Plan Of Liquidation Of CA Express Fund, LLC, And WJA Express Fund, LLC
(Set Per D.S. Hearing Held 1/10/19) FR: 1/10/19
Docket 741
Tenative for 3/21/19 is to approve confirmation as the requirements of §1129 have been met.
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 Hearing RE: Motion For Order To Reinstate Wilco Life Insurance Company (Formerly Conseco Life Insurance Company) Policy Pursuant to Debtors'
Confirmed Chapter 11 Plan (Motion filed 12/28/18)
FR: 2-7-19
Docket 198
- 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 7/24/18)
FR: 9-13-18; 9-20-18; 12-20-18
Docket 1
Tentative for 3/21/19:
The Court has received and reviewed the status report filed on March 6, 2019 [Dk. 45]. The Status Conference is CONTINUED to April 19, 2019 at 11:00 a.m. to coincide with the hearing on the Disclosure Statement filed on February 19, 2019, [Dk. 42]. A status report is due 14 days in advance.
Appearances are excused.
***************************************************************************** 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.
11:00 AM
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
Motion for relief from stay [Action In Non-Bankruptcy Forum]
Brooks T. Morgan, Debtor In Possessoin (Motion filed 2/13/19)
[RE: Case Name: Joanna N. Lopez, et al. v. Brooks T. Morgan] [Docket Number: G057063 & G055964 & G056018]
[Pending In: California Court Of Appeal, Fourth Appellant District, Division Three]
Docket 73
- NONE LISTED -
Debtor(s):
Brooks T Morgan Represented By
Catherine Christiansen
11:00 AM
Adv#: 8:19-01002 Morgan v. Lopez et al
STATUS CONFERENCE Hearing RE: Complaint For:
Preliminary And Permanent Injunction Barring Creditors From Taking Action Against State Court Codefendants Pursuant To 11 U.S.C. Section 105; And
To Avoid Transfer Of An Interest In Real Property;
Verification Of Brooks T Morgan (Complaint filed 1/3/19)
Docket 1
- NONE LISTED -
Debtor(s):
Brooks T Morgan Represented By
Catherine Christiansen
Defendant(s):
Joanna N Lopez Pro Se
Maria Arellano Pro Se
Plaintiff(s):
Brooks T Morgan Represented By
Catherine Christiansen
11:00 AM
Hearing RE: Order Requiring Debtor To Appear And Show Cause Why This Case Should Not Be Dismissed Or Converted Or Alternatively, Why A Chapter 11 Trustee Should Not Be Appointed
(Set per Order Entered 3/7/19)
Docket 106
- NONE LISTED -
Debtor(s):
Brooks T Morgan Represented By
Catherine Christiansen
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 10/4/18)
(Case Converted on 12/4/18) FR: 1-24-19; 3-7-19
Docket 0
Tentative for 3/21/19:
Appearances required.
********************************************************************************* Tentative for 3/07/19:
Debtor shall file a disclosure statement and plan by May 1, 2019. The disclosure statement hearing shall be held on June 13, 2019 at 11:00 a.m.
A continued status conference shall be held on June 13, 2019 at 11:00 a.m. with a status report due 14 days in advance.
Appearances required.
********************************************************************************* Tentative for 1/24/19 is to set the following dates/deadlines:
Deadline for filing a plan and disclosure statement: May 1, 2019. Note: the failure to timely file a plan and disclosure statement may result in the conversion or dismissal of the case.
11:00 AM
Continued status conference: June 13, 2019 at 11:00 a.m. A status report is due 14 days in advance.
Appearances required.
Debtor(s):
Brooks T Morgan Represented By
Catherine Christiansen
9:30 AM
Adv#: 6:17-01253 Zamora et al v. Rodriguez
TRIAL re: Complaint by Hilda H Zamora, Caronna, Johnson & Zamora, LLP against Gabriella Rodriguez - 523(a)(5), (a)(15)
EH
(Cont. from 12/19/18)
Docket 1
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
10:00 AM
Sissac Legal Group P.C. - movant attorney Motion for Relief from Stay
BMW Bank of North America vs. DEBTOR (Motion filed 2/25/19)
Re: 2012 BMW 5 Series 528i Sedan 4D
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):
Myra Milagros Davila Pro Se
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
Law Offices of Vincent V. Frounjian, P.C. - movant attorney Motion for Relief from Stay
Honda Lease Trust vs. DEBTOR, Robert Whitmore, chapter 7 trustee (Motion filed 3/8/19)
Re: 2018 ACURA RDX, VIN: 5J8T B3H3 4JL0 13732
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):
Grace Hyunjung Lee Represented By Raymond J Seo
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Law Offices of Lionel E. Giron - movant attorney
Motion in Individual case for Order imposing a stay or continuing the automatic stay as the court deems appropriate
Re: 2015 Chevrolet Truck Trax
Docket 7
Tentative for 4/02/19 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):
Sandra Escobedo Pena Represented By Lionel E Giron
Trustee(s):
Arturo Cisneros (TR) Pro Se
11:00 AM
Hrg. on approval of trustee's final report; applications for compensation EH
Docket 0
Tentative 4/02/19 is to APPROVE as requested, except that $630.00 in fees by The Law Offices of Hydee J. Riggs related to its employment application 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) (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 Applicant 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):
Ronald A. Corti Represented By Thomas J Polis
Joint Debtor(s):
Lisa D. Corti Represented By
11:00 AM
Trustee(s):
Thomas J Polis
Robert Whitmore (TR) Represented By Hydee J Riggs
11:00 AM
Hrg. on approval of trustee's final report and application for compensation EH
Docket 0
Tentative for 4/02/19 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 Robert De Lorey Pro Se
Joint Debtor(s):
Janelle Dee De Lorey Pro Se
Trustee(s):
John P Pringle (TR) Pro Se
11:00 AM
Hrg. on chapter 7 trustee's Motion filed 3/6/19 for Order (1) Approving Sale of Real Property and Bidding Procedures; (2) Approving Sale Free & Clear of Liens; (3) Finding Buyer a Good Faith Purchaser; (4) Authorizing Payment of real Estate Agent's Commission; (5) Requiring Turnover of the Property to Trustee; and (6) Waiving 14-Day Stay of Rule 6004(h)
EH
Docket 38
- NONE LISTED -
Debtor(s):
Jesus Michael Rodriguez Pro Se
Trustee(s):
Karl T Anderson (TR) Represented By Robert P Goe
Goe & Forsythe LLP
11:00 AM
Hrg. on chapter 7 trustee's Motion filed 1/30/19 for Order Compelling Turnover of Estate Property and Documents
(Cont. from 3/5/19) EH
Docket 39
- NONE LISTED -
Debtor(s):
Oscar Sanchez Pro Se
Trustee(s):
John P Pringle (TR) Represented By Toan B Chung
11:00 AM
Hrg. on Motion for Redemption of 2016 Chevrolet Cruze under 11 U.S.C. 722 EH
Docket 9
- NONE LISTED -
Debtor(s):
Michael Lloyd Shuey Represented By Michael E Clark
Joint Debtor(s):
Sheryl Ann Shuey Represented By Michael E Clark
Trustee(s):
Charles W Daff (TR) Pro Se
11:00 AM
Hrg. on Involuntary chapter 7 Status Conference EH
Docket 0
- NONE LISTED -
Debtor(s):
Sudweeks Commercial Inc a Pro Se
1:30 PM
Hrg. on Disclosure Statement
EH
Docket 0
Tentative for 4/02/19:
Appearances required.
Debtor(s):
Lovejoy's Family Moving., Inc., dba Represented By
Bradford G Hughes Peter W Lianides Alastair M Gesmundo Robert E Opera
1:30 PM
Hrg. on Debtor's Motion filed 8/8/18 to Use Cash Collateral (Cont. from 3/19/19)
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
10:00 AM
Hrg. on approval of Reaffirmation Agreement Between Debtor and American Honda Finance Corporation, in the amount of $17,791.82
Re: 2018 Honda Civic
Docket 11
- NONE LISTED -
Debtor(s):
Tajaree R. Bonds Represented By Patricia M Ashcraft
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 2/22/19 Between Debtor and Wells Fargo Auto, in the amount of $6,521.80
Re: 2014 Dodge Journey
Docket 10
- NONE LISTED -
Debtor(s):
Kathleen Mary McCormick Represented By Michael E Clark
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement Between Debtor and Kinecta Federal Credit Union, in the amount of $ 4,000.00
Re: Overdraft Line of Credit
Docket 11
- NONE LISTED -
Debtor(s):
Terra Prestee Robinson-Jones Represented By Daniel King
Trustee(s):
Todd A. Frealy (TR) Pro Se
1:30 PM
Adv#: 6:19-01010 Pringle v. Marshall et al
STATUS CONFERENCE re: Complaint by John P. Pringle against Ann Lighthall Marshall, Ann Lighthall Marshall, William S. Manley, William S. Manley. (Charge To Estate). $350.00 Nature of Suit: (14 (Recovery of money/property - other))
EH
Docket 1
- NONE LISTED -
Debtor(s):
Ann Lighthall Marshall Represented By Karen E Lockhart
Defendant(s):
Ann Lighthall Marshall Pro Se
Ann Lighthall Marshall Pro Se
William S. Manley Pro Se
William S. Manley Pro Se
Plaintiff(s):
John P. Pringle Represented By
Michelle A Marchisotto
Trustee(s):
John P Pringle (TR) Represented By Patricia Miller
Michelle A Marchisotto
11:00 AM
Hearing RE: Fourth And Final Application For Compensation And Reimbursement Of Expenses
(Application filed 3/5/19)
[RE: BLAKELEY LLP - Attorneys For The Official Committee Of Unsecured Creditors]
Fourth Application For The Period From June 30, 2014 Through October 28, 2014
[Fees: $24,646.50; Expenses: $137.12]
Final Application For The Period from April 10, 2013 Through October 28, 2014
[Fees: $236,058.50; Expenses: $2,132.49]
[Tele. appr., Judith Marshack, repr., Trustee, Richard A. Marshack]
Docket 1280
Tentative for 4/03/19 is to allow the fees and costs in the amount requested. However, payment shall be limited to the amounts set forth in the Trustee's Final Report, and is contingent upon approval of the Trustee's Final Report, which has not yet been filed.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court 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
11:00 AM
Trustee(s):
Christopher Minier Brian R Nelson
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 Final Report And Applications For Compensation And Reimbursement Of Expenses
(Trustee's Report filed 2/19/19)
[RE: RICHARD A. MARSHACK - Chapter 7 Trustee] [Fees: $1,989.89; Expenses: $72.48]
[RE: LAKE FOREST BANKRUPTCY - Attorney For Chapter 7 Trustee] [Fees: $5,730.00; Expenses: $72.88]
[RE: HAHN, FIFE & COMPANY, LLP - Tax Preparer]
[Fees: $1,000.00; Expenses: $0.00]
Docket 59
Tentative 4/319 is to APPROVE as requested, except that $330 in fees by Anerio Altman of Lake Forest Bankruptcy related to employment applications 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) (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 Applicant has not demonstrated that the 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):
Lilibeth Del Rosario Represented By Mark D Klein
Joint Debtor(s):
Aristotle Perlas Del Rosario Represented By Mark D Klein
Trustee(s):
Richard A Marshack (TR) Represented By Anerio V Altman
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])
FR: 3-14-18; 5-30-18; 7-18-18; 2-6-19
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
Plaintiff(s):
Suzon Hashemi Represented By
11:00 AM
Trustee(s):
Christine A Kingston
Richard A Marshack (TR) Pro Se
11:00 AM
Adv#: 8:18-01186 Marshack v. Mugar
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Avoidance Of Fraudulent Transfer (11 U.S.C. Section 544(b); Cal. Civil Code Section 3439.04(a)(2);
Avoidance Of Fraudulent Transfer (11 U.S.C. Section 544(b); Cal. Civil Code Section 3439.05);
Recovery Of Avoided Transfers;
Breach Of Contract; And
Common Count-Money Lent (Complaint filed 10/12/18)
FR: 1-23-19
Docket 1
- NONE LISTED -
Debtor(s):
Bradley B Mugar Represented By Parisa Fishback John Edwards
Defendant(s):
Ryan Mugar Pro Se
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#: 8:17-01108 Marshack v. Mugar et al
CONT'D Hearing RE: Motion For Summary Judgment Or, In The Alternative,
For Summary Adjudication Of Issues (Motion filed 1/16/19)
FR: 2-27-19
Docket 75
Tentative for 4/3/19 is to DENY the Motion for Summary Judgment. While Debtors Bradley and Susan Mugar ("Debtors") have not filed an opposition that complies with the local rules, the Court has an independent duty to review motions for summary judgment. The Court has carefully reviewed and considered the Motion for Summary Judgment filed on January 16, 2019, [Dk. 75] ("Motion") by the Plaintiff Richard A. Marshack, Chapter 7 Trustee ("Movant"), and all documents filed in support of the Motion, including the Plaintiff’s Separate Statement of Undisputed Facts and Conclusions of Law lodged on March 13, 2019, [see Notice of Lodgment, filed 3/13/19, Dk. 86], and the Statement from Bradley Mugar and Response to Motion for Summary Judgment, filed by Debtors on February 13, 2019 [Dk. 82]. The Court finds, as set forth below, that genuine issues of material fact exist with respect to each of the Plaintiff’s claims.
Movant seeks summary judgment on each claim for relief in the Complaint.
First, Movant seeks to deny Debtors’ discharge under § 727(a)(4)(A), alleging that Debtors made false statements under penalty of perjury by failing to list on their Schedule B their interests in certain watches, gemstones, jewelry, a loan receivable, and an account receivable. There is no issue of fact that Debtors did not list any of these items on their Schedule B. However, Movant has not established that there is no issue of fact as to whether Debtors knew these omissions were false (or even that all alleged omissions were false) and omitted these items from their Schedules with fraudulent intent, and not
11:00 AM
out of mere carelessness or recklessness. See Roberts v. Erhard (In re Erhard), 331 B.R. 876, 882-84 (B.A.P. 9th Cir. 2005) (requiring a plaintiff bringing a claim under § 727(a)(4)(A) to demonstrate that "(1) the debtor made a false oath in connection with the case; (2) the oath related to a material fact; (3) the oath was made knowingly; and (4) the oath was made fraudulently," and holding that actual, rather than constructive fraudulent intent is required and neither recklessness nor carelessness satisfies the statutory requirement of "knowing" misconduct).
Second, Movant seeks to deny Debtors’ discharge under § 727(a)(2)(B), alleging that Debtors concealed their interest in watches, gemstones, jewelry, a loan receivable, and an account receivable. Movant has not established that there is no issue of fact as to whether Debtors concealed these items with the subjective intent to hinder, delay, or defraud creditors. See, e.g., In re Lawson, 122 F.3d 1237, 1240 (9th Cir. 1997) (requiring plaintiff to demonstrate (1) a transfer or concealment of property occurred; and (2) that debtor had a subjective intent to hinder, delay, or defraud a creditor at the time the transfer or concealment of the property occurred).
Third, Movant seeks to deny Debtors’ discharge under § 727(a)(3), alleging that Debtors have either concealed or failed to keep or preserve recorded information because Debtors were unable to produce an accounting of the first 25 watches, jewelry, and/or gemstones listed on their website and Ebay as ordered by this Court. However, while Debtors have acknowledged the lack of a concise and complete accounting, they have provided explanations for why they do not have full contemporaneous accountings and the difficulty they have had in recreating the requested accountings. Movant has not established that there is no issue of fact as to whether the failure to maintain adequate records has been satisfactorily explained by Debtors. In re Lopez, 532 B.R. 140, 150 (Bankr. C.D. Cal. 2015) ("To determine whether the failure was justified under the circumstances, the court should consider, among other factors it deems relevant, (1) Debtor's intelligence and educational background; (2) experience in business matters; (3) the extent of involvement in the businesses for which discharge is sought; (4) Debtors reliance, including her knowledge of whether records were being kept; (5) the nature of the marital relationship; and (6) any recordkeeping or inquiry duties imposed upon Debtor by state law.") (citing In re Cox, 904 F.2d 1399, 1403 n.5 (9th
11:00 AM
Cir.1990)).
Fourth, Movant seeks to deny Debtors’ discharge under § 727(a)(5), alleging that Debtors have failed to adequately explain the loss of property because they were unable to provide an accounting of the first 25 watches, jewelry, and/or gemstones listed on their website and Ebay as ordered by this Court. However, while Debtors have had difficulty accounting for the acquisition and disposition of property and funds related to the online jewelry sales, this Court has never made any finding regarding whether Debtors have satisfactorily explained the loss of assets. To the extent Movant relies on the Order finding Debtors in contempt for failure to comply with the Second Order to Compel [entered 10/9/18, Dk. 110; RJN Ex. 7] ("Contempt Order"), as evidence that Debtors have not satisfactorily explained the loss of assets, the Court emphasizes that the Contempt Order found only that Debtors had failed to comply with the Court’s order, and made no findings whatsoever regarding whether Debtors had satisfactorily explained any loss of assets for the purposes of § 727(a)(5). Thus, Movant has not established that there is no issue of fact as to whether the Debtors have provided a satisfactory explanation for the loss of assets. See In re Retz, 606 F.3d 1189, 1205 (9th Cir. 2010) ("Under § 727(a)(5) an objecting party bears the initial burden of proof and must demonstrate: (1) debtor at one time, not too remote from the bankruptcy petition date, owned identifiable assets; (2) on the date the bankruptcy petition was filed or order of relief granted, the debtor no longer owned the assets; and (3) the bankruptcy pleadings or statement of affairs do not reflect an adequate explanation for the disposition of the assets. . . .
Whether a debtor has satisfactorily explained a loss of assets is a question of fact for the bankruptcy court, overturned only for clear error.").
Fifth, Movant seeks to deny Debtor’s discharge under § 727(a)(6)(A), alleging that Debtors did not comply with the Court’s Order to Compel and Second Order to Compel, that Debtors’ failure to comply with the two Orders was willful, and that Debtors do not have a justifiable excuse for failing to comply with either Order. While it appears to be clear that Debtors did not fully comply with either Order, it is not clear that the failure to comply was willful and without a justifiable excuse. To the extent Movant relies on the Contempt Order as evidence supporting this claim, the Court emphasizes that the Contempt Order found only that Debtors had failed to comply with the Court’s
11:00 AM
order, and made no findings whatsoever regarding willfulness or whether a justifiable excuse existed. Thus, Movant has not established that there is no issue of fact as to whether the failure to comply with an order of this Court was willful and without a justifiable excuse. See Gillman v. Green (In re Green), 335 B.R. 181, 183 (Bankr.D.Utah 2005) (requiring a plaintiff bringing a claim under § 727(a)(6)(A) must prove by a preponderance of the evidence that "1) the Court issued an order directed at the debtor; 2) the order was lawful; 3) the order was not one requiring a response to a material question or to testify; and 4) the debtor refused to obey the order."); In re Lebbos, 439 B.R. 154, 164–65 (E.D. Cal. 2010), aff'd, 529 F. App'x 854 (9th Cir. 2013)
("[T]he Court must find that the Debtors' lack of compliance with the relevant court order was willful and intentional.") (citing Smith v. Jordan (In re Jordan), 521 F.3d 430, 433–434 (4th Cir.2008); In re Costantini, 201 B.R.
312, 316 (Bankr. M.D. Fla. 1996) (directing courts to consider factors including the intent behind the debtor’s acts, whether there was a justifiable excuse, whether any injury resulted to creditors, whether debtor could "make amends," whether there is detriment to the bankruptcy proceedings and the court’s dignity, and the potential injury to the debtor if discharge is denied); In re Matos, 267 F. App'x 884 (11th Cir. 2008) (upholding the lower court’s decision not to revoke discharge because debtors’ tardy production of documents was not sufficient to demonstrate a willful or intentional refusal to follow the court’s order and the plaintiff).
Finally, with respect to all claims, the Court notes that each of Movant’s allegations is against the "Debtors." However, Movant has provided no allegations specific to Susan Mugar, and has provided little, if any, evidence that Susan Mugar had the requisite knowledge or intent as to any of the alleged omissions, concealments, or business dealings to merit denial of her discharge under any of Movant’s claims.
The Court has received and reviewed a written request by Debtor to continue the hearing on the Motion, however, there is no indication whether the request was filed or served.
Appearances are required.
11:00 AM
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 Represented By Michael G Spector
Trustee(s):
Richard A Marshack (TR) Represented By Michael G Spector
11:00 AM
Adv#: 8:18-01064 Marshack v. Castanon et al
STATUS CONFERENCE Hearing RE: First Amended Complaint:
To Recover Unlawfu Dividends;
To Avoid And Recover Fraudulent Transfers Under 11 U.S.C. Sections 544(b) And 550 And California Civil Code Section 3439.04(a)(1);
To Avoid And Recover Pre-Petition Transfers Under 11 U.S.C. Sections 544(b) And 550 And California Civil Code Section 3439.04(a)(2);
To Avoid Pre-Petition Transfers Pursuant To 11 U.S.C. Sections 544(b) And California Civil Code Section 3439.05;
To Avoid Pre-Petition Transfers Pursuant To 11 U.S.C. Section 548(a)(1)(B)
To Avoid Pre-Petition Transfer Pursuant To 11 U.S.C. Section 549(a) (First Amended Complaint filed 1/3/19)
Docket 0
NONE LISTED -
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Defendant(s):
Michael Edward Castanon Represented By Rhonda Walker
BeachPointe Investments, Inc. Pro Se
George Bawuah Pro Se
11:00 AM
Jerry Bolnick Pro Se
Jonathan Blau Pro Se
Joseph Bolnick Pro Se
Maria Castanon Pro Se
Kenneth Miller Pro Se
Peter Van Petten Pro Se
Raymond Midley Pro Se
Veronica Marfori Pro Se
Plaintiff(s):
Richard A. Marshack Represented By Sharon Oh-Kubisch
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#: 8:19-01005 JBP Services, P.C., a California Corporation et al v. Murphy
STATUS CONFERENCE Hearing RE: Adversary Complaint For Determination That Debt Is Non-Dischargeable Pursuant To 11 U.S.C. Sections 523(a)(2)(A), (2)(B), And (19)
(Complaint filed 1/6/19)
Docket 1
Tentative for 4/3/19:
The Court has received and reviewed the Amended Joint Status Report filed on March 25, 2019 [Dk. 11]. In light of the Parties' representation that they are in the process of finalizing a settlement agreement, the Court is not inclined to issue a scheduling order. This matter is CONTINUED to June 26, 2019, at 1:30 p.m. as a holding date to allow parties to finalize a settlement agreement and resolve the adversary proceeding. If the adversary proceeding has not yet been dismissed, a status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
Michael David Murphy Represented By Daniel King
Defendant(s):
Michael David Murphy Pro Se
Joint Debtor(s):
Jennifer Lee Murphy Represented By Daniel King
11:00 AM
Plaintiff(s):
JBP Services, P.C., a California Represented By Christian S Molnar
James B. Pickell Represented By Christian S Molnar
Trustee(s):
Richard A Marshack (TR) Pro Se
11:00 AM
Adv#: 8:19-01007 WJA Asset Management LLC et al v. Jordan et al
STATUS CONFERENCE Hearing RE: Complaint To Deny Community Property Discharge Under 11 U.S.C. Section 524(a)(3)
(Complaint filed 1/7/19)
Docket 1
NONE LISTED -
Debtor(s):
Tiphanie Jennifere Jordan Represented By Leonard M Shulman
Defendant(s):
William M Jordan Pro Se
Tiphanie Jennifere Jordan Pro Se
Plaintiff(s):
Secure California Income Fund LLC Represented By
Kyra E Andrassy
California Indexed Growth Fund Represented By
Kyra E Andrassy
CA Real Estate Opportunity Fund II Represented By
Kyra E Andrassy
CA Real Estate Opportunity Fund I Represented By
Kyra E Andrassy
William Jordan Investments Inc Represented By Kyra E Andrassy
11:00 AM
WJA Secure Income Fund LLC Represented By Kyra E Andrassy
WJA Secure Real Estate Fund LLC Represented By
Kyra E Andrassy
WJA Real Estate Opportunity Fund Represented By
Kyra E Andrassy
WJA Real Estate Opportunity Fund I Represented By
Kyra E Andrassy
WJA Express Fund LLC Represented By Kyra E Andrassy
Whirl Fund LLC Represented By Kyra E Andrassy
Urban Produce Fund LLC Represented By Kyra E Andrassy
TD Opportunity Fund LLC Represented By Kyra E Andrassy
CA Real Estate Opportunity Fund III Represented By
Kyra E Andrassy
Prosper Managed Fund LLC Represented By Kyra E Andrassy
PMB Managed Fund LLC Represented By Kyra E Andrassy
Luxury Asset Purchasing Represented By Kyra E Andrassy
Equity Indexed Managed Fund LLC Represented By
Kyra E Andrassy
Clairton Residential Renewal LLC Represented By
Kyra E Andrassy
CA Whirl Fund LLC Represented By
11:00 AM
Kyra E Andrassy
CA See Jane Go Fund LLC Represented By Kyra E Andrassy
CA Express Fund LLC Represented By Kyra E Andrassy
Alabama Housing Fund LLC Represented By Kyra E Andrassy
5827 Winland Hills Drive Represented By Kyra E Andrassy
WJA Asset Management LLC Represented By Kyra E Andrassy
TD REO Fund LLC Represented By Kyra E Andrassy
Trustee(s):
Richard A Marshack (TR) Pro Se
11:00 AM
Adv#: 8:19-01004 Law Offices of Michelle J. Sukhov, Inc. v. McKenna
STATUS CONFERENCE Hearing RE: Complaint Objecting To Debtor's Discharge Under 11 U.S.C. Section 727 And For Nondischargeability Of Debt Under 11 U.S.C. Section 523(a)(2)
(Complaint filed 1/4/19)
[Tele. appr., Michelle J. Nelson, repr., Law Offices of Michelle J. Sukhov, Inc.]
Docket 1
Tentative for 4/3/19:
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: September 30, 2019. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: November 15, 2019. Note: this date includes the date by which all non-discovery motions must be heard and resolved.
4. Pretrial conference: December 18, 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.
Debtor(s):
Tim M. McKenna Represented By Michael G Spector
11:00 AM
Defendant(s):
Tim M. McKenna Pro Se
Plaintiff(s):
Law Offices of Michelle J. Sukhov, Represented By
Michelle J Nelson
Trustee(s):
Jeffrey I Golden (TR) Represented By Ryan W Beall Reem J Bello
11:00 AM
Adv#: 8:19-01014 Steffen v. Steffen
STATUS CONFERENCE Hearing RE: Complaint For Denial Of Discharge Pursuant To 11 U.S.C. Section 727(a)(4)
(Complaint filed 1/14/19)
Docket 1
NONE LISTED -
Debtor(s):
Krista Dee Christy Steffen Represented By Angela Mestre
Defendant(s):
Krista Dee Christy Steffen Pro Se
Plaintiff(s):
Wallace Steffen Represented By Anerio V Altman
Trustee(s):
Karen S Naylor (TR) Pro Se
11:00 AM
Adv#: 8:19-01012 E.D.C. Technologies, Inc. v. Seidel, Jr.
STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability OF Debt
(Complaint filed 1/14/19)
Docket 1
NONE LISTED -
Debtor(s):
James Walter Seidel Jr. Represented By Andrew S Bisom
Defendant(s):
James Walter Seidel Jr. Pro Se
Joint Debtor(s):
Molly Marie Seidel Represented By Andrew S Bisom
Plaintiff(s):
E.D.C. Technologies, Inc. Represented By Kathryn E Barrett
Trustee(s):
Weneta M Kosmala (TR) Pro Se
11:00 AM
Hearing RE: Second Omnibus Motion For Order Disallowing The Scheduled Claims That Have Been Satisfied
(Motion filed 2/27/19)
Claim No. | American Express | $59,853.23 |
Claim No. | City of Los Angeles LAHD | $135.66 |
Claim No. | City of Montebello | $5.00 |
Claim No. | Department of Motor Vehicles | $1,501.00 |
Claim No. | Department of Social Services | $681.00 |
Claim No. | Home Depot Credit Services | $20,615.35 |
Claim No. | Los Angeles County Sheriff Department | $150.00 |
Claim No. | Los Angeles Dept. of Water and Power | $3,904.50 |
Claim No. | Law Offices of Emilio J. Huerta | $9,832.50 |
Claim No. | Orion Healthcare Technology | $4,320.00 |
Claim No. | Sacramento County Tax | $871.65 |
Claim No. | Sacramento County Utilities | $180.57 |
Claim No. | Straight Up Reality Improvements | $1,500.00 |
Claim No. | The Gas Company | $4,244.45 |
Claim No. | Time Warner Cable | $607.14 |
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Claim No. US Bank $2,382.29
[Tele. appr., Linda F. Cantor, repr., California Hispanic Commission On Drug and Alcohol]
[Tele. appr., Cristina Torres-Witness, repr., Cristina Torres]
Docket 503
Tentative for 4/4/19 is to CONTINUE the Second Omnibus Motion for Order Disallowing Claims [Dk. 503] to May 15, 2019, at 11:00 a.m., to allow Movant to effect proper service on all claimants.
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." FRBP 7004(b)(6) requires that a "state or municipal corporation or other governmental organization thereof" must be served "to the person or office upon whom process is prescribed to be served by the law of the state in which service is made." FRBP 7004(h) requires service on insured depository institutions be made by certified mail addressed to an officer of the institution except under exceptions that to not appear to apply here. 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.
It appears that none of the Claimants were served with either the Notices or Objection in accordance with FRBP 7004. In addition, the Court was unable to locate filed notices for all claimants. Movant must properly serve all claimants with the Objection and notice of the Objection and continued hearing date in
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accordance with LBR 3007-1(b), and file the appropriate notice and/or proof of service.
Appearances are excused for 4/4/19.
Debtor(s):
California Hispanic Commission on Represented By
Michael R Totaro Linda F Cantor ESQ Victoria Newmark Nancy S Goldenberg
11:00 AM
Hearing RE: Third Omnibus Motion For Order Disallowing The Claims Of Debtor's Employees Not Participants In Debtor's Employee Pension Plan
(Motion filed 2/27/19)
Claim No. 55 | Carlos Alcala | $49,775.00 |
Claim No. 52 | Christina Gonzalez | $44,775.00 |
Claim No. 51 | Diane Soto | $54,775.00 |
Claim No. 53 | Leilanie Quides | $35,375.00 |
Claim No. 58 | Lila Ojano-Bracco | $112,000.00 |
Claim No. 56 | Michelle Hoaglin | $28,775.00 |
Claim No. 54 | Mila Hodzic | $31,975.00 |
Claim No. 60 | Terry Suo | $49,575.00 |
Claim No. 57 | Angelina Sharman | $45,000.00 |
[Tele. appr., Linda F. Cantor, repr., California Hispanic Commission On Drug and Alcohol]
[Tele. appr., Cristina Torres-Witness, repr., Cristina Torres]
Docket 504
Tentative for 4/4/19 is to GRANT the Third Omnibus Motion for Order Disallowing Claims [Dk. 504], except as follows:
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The Claims of Diane Soto [Claim No. 51], Terry Suo [Claim No. 60], and Angelina Sharman [Claim No. 57] are CONTINUED to May 15, 2019, at 11:00 a.m., to allow Movant effect proper service. Movant must properly serve these claimants with the Objection and notice of the Objection and continued hearing date in accordance with LBR 3007-1(b), and file the appropriate notice and/or proof of service.
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). 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.
Claimant Diane Soto was served with the Notice at 2550 E. Ward Street, Apt. 77, Arcadia, CA 92806; however, the address on Proof of Claim No. 51 is 2550 E. Ward Street, Apt. 77, Anaheim, CA 92806. In addition, it appears that this Claimant was served with notices of hearings on objections to the same claim for two different dates, which may be confusing.
Claimant Terry Suo was served with the Notice at 4008 Sand Harbour Lane, Elk Grove, CA 95788-4611; however, the address on Proof of Claim No. 60 is 9372 Waddell Lane, Elk Grove, CA 95624. In addition, an incorrect proof of claim was attached to the Notice filed February 27, 2019 [Dk. 528], although the correct Proof of Claim was attached to the motion.
Finally, it appears that Claimant Angelina Sharman was served with notices of hearings on objections to the same claim for two different dates. This matter is continued to avoid any potential confusion caused by the double notice.
This matter appears to be uncontested. Accordingly, no court appearance by Movant is required on April 4, 2019. Should a party file a late opposition or appear at the hearing to oppose the Motion as to any claim not continued above, the Court will determine whether further hearing is required and Movant will be so notified.
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Movant to lodge an order within seven (7) days.
Debtor(s):
California Hispanic Commission on Represented By
Michael R Totaro Linda F Cantor ESQ Victoria Newmark Nancy S Goldenberg
11:00 AM
Hearing RE: Fourth Omnibus Motion For Order Disallowing Wage Claims (Motion filed 2/28/19)
Claim No. 48-2 | Pablo Alcala | $37,924.83 |
Claim No. 4-2 | Josephine Alvarez | $100,000.00 |
Claim No. 47-2 | John Becerra | $50,081.63 |
Claim No. 46-2 | Delia Duran | $19,003.05 |
Claim No. 9 | Lisa Gamboa | $6,800,000.00 |
Claim No. 66 | Ronald G. Jones | $1,000,000.00 |
Claim No. 7 | Laurie Morales | $100,000.00 |
Claim No. 49 | Jorge Torres | $23,549.87 |
[Tele. appr., Linda F. Cantor, repr., California Hispanic Commission On Drug and Alcohol]
[Tele. appr., Cristina Torres-Witness, repr., Cristina Torres]
Docket 529
The Tentative for 4/4/19 is to GRANT the Fourth Omnibus Motion for Order Disallowing Claims [Dk. 529], except as follows:
With respect to Claim No. 4-2 filed by Josephine Alvarez, the Court is inclined to set an evidentiary hearing. See FRBP 3001; 9014; Caviata Attached Homes,
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LLC v. U.S. Bank, N.A. (In re Caviata Attached Homes, LLC) 481 B.R. 34, 44 (B.A.P. 9th Cir. 2012) (quoting the advisory committee’s notes to the 2002 amendments to Rule 9014(d): "Subdivision (d) is added to clarify that if the motion cannot be decided without resolving a disputed material issue of fact, an evidentiary hearing must be held at which testimony of witnesses is taken in the same manner as testimony is taken in an adversary proceeding or at a trial in a district court civil case. Nothing in the rule prohibits a court from resolving
any matter that is submitted on affidavits by agreement of the parties."); Reliance Steel & Aluminum Co. v. Locklin, 2015 Bankr. Lexis 4116 (9th Cir. BAP 2015) (finding the bankruptcy court erred in failing to hold an evidentiary hearing even through opposition did not attach any evidence because boilerplate allegations contained in the proof of claim – which if proven would establish a claim - were sufficient to create a triable issue). Here, there is a disputed material issue of fact, and the parties are thus entitled to an evidentiary hearing. The parties should be prepared to discuss hearing dates and a briefing schedule. Further briefing should include the basis, if any, for this Court’s jurisdiction to consider and determine a wage and hour claim, including damages such as emotional distress.
With respect to the claim filed by Lisa Gamboa as a putative class representative, notwithstanding the opposition, the Court is inclined to grant the objection to claim. Ms. Gamboa has failed to establish that she is the "creditor or creditor’s authorized agent" who is permitted to file a proof of claim under FRBP 3001(b). While she asserts on the claim that she is a class representative, there is no evidence that any class was certified prior to the Petition Date, and she has not sought class certification in connection with this bankruptcy proceeding under FRBP 7023, nor has her counsel filed a verified statement of multiple creditor representation pursuant to FRBP 2019. While the Court has broad discretion whether to apply FRBP 7023 in a contested matter, it is not convinced on the present record that it should exercise that discretion in this case. The parties should be prepared to discuss the appropriateness of the Court’s application of FRBP 7023 in this case, including addressing the following
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questions: (1) whether the members of the putative class received notice of the bankruptcy case and claims bar date, (2) whether class certification will adversely affect the administration of the estate, (3) whether debtor or its creditors will be prejudiced by class certification this late in the case, and (4) whether the putative class members will be prejudiced.
Appearances required.
Debtor(s):
California Hispanic Commission on Represented By
Michael R Totaro Linda F Cantor ESQ Victoria Newmark Nancy S Goldenberg
11:00 AM
Hearing RE: Fifth Omnibus Motion For Order Disallowing The Claims That Are Not Owed By The Debtor
(Motion filed 2/28/219)
Claim No. 15 Anaheim Public Utilities $287.47 Claim No. California Employers Association $563.57 Claim No. 6 California Physician Services $48,611.03
d/b/a Blue Shield of California
Claim No. 10 California Physician Services $66,247.72 d/b/a Blue Shield of California
Claim No. 17 California Physician Services $48,611.03 d/b/a Blue Shield of California
Claim No. California State Disbursement Unit$531.31
Claim No. 36-1 | City of Los Angeles, Office of Finance | $1,408.50 |
Claim No. | Draegar Safety Diagnosis | $106,933.69 |
Claim No. | Ford Motor Credit Company, LLC | $212,824.02 |
Claim No. 26-1 | General Electric Capital Corporation | $86,702.95 |
Claim No. 1-1Internal Revenue Services $78,151.04 | ||
Claim No. 32-1 | Sacramento Municipal Utility District | $1,396.86 |
Claim No. 12 | Wells Fargo Bank, N.A. | $217,520.00 |
(OFF CALENDAR - NOTICE OF WITHDRAWAL OF CLAIM NO. 12 ONLY FILED
3/7/19 - (Docket No. [590])
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Claim No. 13 Wells Fargo Bank, N.A. $744,262.00
(OFF CALENDAR - NOTICE OF WITHDRAWAL OF CLAIM NO. 13 ONLY FILED
3/7/19 - (Docket No. [591])
Claim No. Wells Fargo Bank $91,208.00 (Scheduled)
[Tele. appr., Linda F. Cantor, repr., California Hispanic Commission On Drug and Alcohol]
[Tele. appr., Cristina Torres-Witness, repr., Cristina Torres]
Docket 538
Tentative for 4/4/19 is to GRANT the Fifth Omnibus Motion for Order Disallowing Claims [Dk. 538], except as follows:
The Motion with respect to the Claims of California Employers Association, California State Disbursement Unit, and General Electric Capital Corporation, CONTINUED to May 15, 2019, at 11:00 a.m., to allow Movant effect proper service. Movant must properly serve these claimants with the Objection and notice of the Objection and continued hearing date in accordance with LBR 3007-1(b), and file the appropriate notice and/or proof of service.
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) requires, among other things, 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." See FRBP 7004(b)(3). Where the address listed on the proof of claim differs from or does not comply with
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FRBP 7004, as stated on the Court's website, this Court requires the claim objection to be served on both addresses.
Scheduled Claimant California Employer’s Association was served with the Motion at 1451 River Park Dr. #116, Sacramento, CA 95815, which is the same address Debtor listed on the schedules. Although there was no proof of claim filed, this address does not comply with FRBP 7004. Moreover, the Court was unable to locate a filed notice of objection to this claim.
Scheduled Claimant California State Disbursement Unit was served with the Notice and Motion at California State Disbursement Unit, P.O.Box 98906, West Sacramento, CA 95798. However, this address is not one of the registered addresses listed in the Court Manual, so service does not comply with FRBP 7004.
Scheduled Claimant Draegar Safety Diagnosis was served with the Notice and Motion at Draeger Safety Diagnosis, 4040 W. Royal Lane, Suite 136, Irving, TX 75063. This does not comply with FRBP 7004.
Claimant General Electric Capital Corporation [Claim No. 26-1] was served with the Motion and Notice [Dk. 544, filed 2/28/19] at two addresses: (1) General Electric Credit Corporation, Yvette Cedeno, General Electric Capital Corporation, 1010 Thomas Edison Blvd., SW, Cedar Rapids, IA 52404. (2) General Electric Credit Corporation, PO Box 31001-0271, Pasadena, CA 91110. Although both addresses are listed on the Proof of Claim, neither address complies with FRBP 7004. In addition, the heading on "General Electric Credit Corporation" may be misleading given that the creditor is "General Electric Capital Corporation." In addition, it appears that this creditor may have been served with notices of hearings on objections to the same claim for two different dates, which may be confusing.
The Motion as to Claimant Ford Motor Credit Company, LLC ("Ford") is DENIED without prejudice. Ford is not listed on Schedule F [Dk. 114]. Although Schedule D lists Ford as having several secured claims, none of these claims are for the
$212,824.02 amount listed in the Motion. It is not clear to this Court what claim Movant is objecting to. Moreover, the Court was unable to locate a filed notice of
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objection to this claim, and it is not clear that the Motion was served in accordance with FRBP 7004. While the Motion appears to have been served on Ford at two addresses, including on the attorney who previously filed a Motion for Relief from the Automatic Stay in this case, it is not clear that this attorney is authorized to receive service of process with respect to a claim objection or that either listed address otherwise complies with FRBP 7004.
This matter appears to be uncontested. Accordingly, no court appearance by Movant is required on April 4, 2019. Should a party file a late opposition or appear at the hearing to oppose the Motion as to any claim not continued above, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
California Hispanic Commission on Represented By
Michael R Totaro Linda F Cantor ESQ Victoria Newmark Nancy S Goldenberg
11:00 AM
Hearing RE: Sixth Omnibus Motion For Order Reducing And Allowing Claims (Motion filed 2/28/19)
Claim No. 16 | Anaheim Public Utilities | $742.28 |
Claim No. 41 | AT&T Corp | $39,028.85 |
Claim No. 42 | AT&T Long Distance LLC | $886.00 |
Claim No. | Bay Alarm | $433.03 |
Claim No. | Capital Premium Finance | $1,882.79 |
Claim No. | City of Vacaville | $652.00 |
Claim No. | Clinivate | $13,750.00 |
Claim No. | Coveral North America, Inc. | $10,617.00 |
Claim No. | Genesis Title Holding Company | $773,157.15 |
Claim No. 33-1 | Lewitt Hackman, Shapiro, Marshall & Harlan | $57,919.63 |
Claim No. | Neshek's Auto Repair | $3,101.30 |
Claim No. | Southern California Edison Company | $7,888.00 |
Claim No. | Southern California Gas Company | $6,180.00 |
Claim No. 28-1 | Zoom Imaging Solutions, Inc. | $2,550.43 |
[Tele. appr., Linda F. Cantor, repr., California Hispanic Commission On Drug and Alcohol]
11:00 AM
[Tele. appr., Cristina Torres-Witness, repr., Cristina Torres]
Docket 549
Tentative for 4/4/19 is to GRANT the Sixth Omnibus Motion for Order Disallowing Claims [Dk. 549], except as follows:
The Motion with respect to the Claims of Bay Alarm, Capital Premium Finance, the City of Vacaville, Clinivate, Coveral North America, Inc., Genesis Title Holding Company, Neshek’s Auto Repair, Southern California Edison Company, and Zoom Imaging Solutions, Inc. is CONTINUED to May 15, 2019, at 11:00 a.m., to allow Movant to effect proper service.
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) requires, among other things, 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," and a "state or municipal corporation or other governmental organization thereof" must be served "to the person or office upon whom process is prescribed to be served by the law of the state in which service is made." See FRBP 7004(b)(3), (6).
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.
Service on the listed claimants did not comply with FRBP 7004 or was otherwise defective. Movant must properly serve all claimants with the Objection and notice of the Objection and continued hearing date in accordance with LBR 3007-1(b), and file the appropriate notice and/or proof of service.
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This matter appears to be uncontested. Accordingly, no court appearance by Movant is required on April 4, 2019. Should a party file a late opposition or appear at the hearing to oppose the Motion as to any claim not continued above, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
California Hispanic Commission on Represented By
Michael R Totaro Linda F Cantor ESQ Victoria Newmark Nancy S Goldenberg
11:00 AM
Adv#: 8:19-01010 Luxury Asset Purchasing International, LLC v. Luxury Asset Lending, LLC
STATUS CONFERENCE Hearing RE: Complaint:
To Disallow Proof Of Claim;
To Avoid Incurrence Of Debt;
For Contractual Indemnity; And
Breach Of Contract (Complaint filed 1/9/19)
[Tele. appr., David L. Moore, repr., David L. Moore]
[Tele. appr., Thomas M. Monson, repr., Jackman Industries]
Docket 1
Tentative for 4/4/19:
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: July 31, 2019. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: August 30, 2019. Note: this date includes the date by which all non-discovery motions must be heard and resolved.
4. Pretrial conference: September 19, 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.
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 Roger F Friedman Susan K Seflin Steven T Gubner Corey R Weber Michael W Davis Kathy Bazoian Phelps Timothy W Evanston
Defendant(s):
Luxury Asset Lending, LLC Pro Se
David Moore Pro Se
Jackman Industries, Inc. Pro Se
Plaintiff(s):
Luxury Asset Purchasing Represented By Kyra E Andrassy
11:00 AM
Hearing RE: First Interim Application For Allowance Of Fees And Reimbursement Of Expenses For The Period From December 4, 2018 Through March 9, 2019 (Application filed 3/11/19)
[RE: CHRISTIANSEN LAW OFFICES, PC - General Bankruptcy Counsel For Debtor And Debtor-In-Possession]
[Fees: $63,945.00; Expenses: $3,401.96]
[Tele. appr., Thomas H. Casey, repr., Trustee, Thomas H. Casey]
Docket 110
Tentative for 4/4/19:
This matter is CONTINUED to May 1, 2019 at 11:00 a.m. Applicant is to submit revised billing by no later than April 18, 2019, segregated by task and time for each single billing entry. Issues that must be corrected include, but are not limited to, the following:
As a result of the manner in which Applicant recorded time, the Court is unable to determine whether the time spent was reasonable.
The description of the time entries often does not correspond with the time. The billing entries are segregated into columns, with the description block billed in the center, without corresponding time entries adjacent to the description. Below is an example. Presumably, the time in the far right column would correspond to the entries; however, in the below example, which is typical of the billing, there are 8 time entries and 6 descriptions (and Applicant cannot bill for delivery to the United States Trustee, which is an administrative task).
Example:
11:00 AM
12/11/18 | 3:56- | .01 | Continue work on Statement of Major | 1.70 |
4:40 | Issues & Timetable; 7 day Package; | 1.50 | ||
5:30- | Communication with Client; 90 day | .20 | ||
6:58 | Budget; Finalize 7 day Package & | .20 | ||
7:19-7 | deliver copy to US Trustee; Draft | .90 | ||
:29 | Notice & Motion for Bar Date | 5.90 | ||
7:40- | .50 | |||
7:50 | 4.90 | |||
8:07- | 16.80 | |||
8:59 | ||||
10:21- | ||||
4:19 | ||||
5:37- | ||||
6:04 | ||||
6:34- | ||||
11:30 |
Certain entries are vague. Without further detail, the Court is unable to ascertain the reasonableness of the time.
Example:
12/16/18 6:50-7:00 .01 Client communication .20
The application seeks time for the "insider compensation motion." However, the time is block billed on 1/3/19, so Court cannot ascertain how much time was spent on this task.
1/3/19 6:00-6:56 01 .90
Research and draft Notice of Change of Address for Chase Slate & Freedom; Draft insider compensation motion Adversary and Notice of Change of Address
Appearances are excused for the 4/04/19 hearing.
11:00 AM
Debtor(s):
Brooks T Morgan Represented By
Catherine Christiansen
11:00 AM
Adv#: 8:19-01013 Lopez et al v. Morgan
STATUS CONFERENCE Hearing RE: Adversary Complaint To Determine Dischargeability Of Debt And Objecting To Discharge
[11 USC Sections 523(a)(4), 523(a)(6)]
(Complaint filed 1/14/19)
[Tele. appr., Thomas H. Casey, repr., Trustee, Thomas H. Casey]
Docket 1
Tentative for 4/4/19:
The Court will set the following dates/deadlines pursuant to the parties' Joint Status Report filed March 21, 2019 [Dk. 6]:
Discovery cutoff: December 15, 2019. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: January 30, 2020. Note: this date includes the date by which all non-discovery motions must be heard and resolved.
4. Pretrial conference: February 5, 2020 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.
Appearances are excused for the 4/04/19 hearing. Plaintiff is to lodge a scheduling order within 7 days.
11:00 AM
Debtor(s):
Brooks T Morgan Represented By
Catherine Christiansen
Defendant(s):
Brooks T Morgan Pro Se
Plaintiff(s):
Joanna N Lopez Represented By Katrina Anne Foley
Maria Arellano Represented By Katrina Anne Foley
11:00 AM
Hearing RE: Debtor-In-Possession's Motion Pursuant To Federal Rule Of Bankruptcy Procedure 9019 For Entry Of An Order Approving Settlement Agreement Between The Debtor-In-Possession And Ethan Tamarit And Cristofer Tamarit
(Motion filed 3/13/19)
[Tele. appr., Thomas H. Casey, repr., Trustee, Thomas H. Casey]
Docket 117
NONE LISTED -
Debtor(s):
Brooks T Morgan Represented By
Catherine Christiansen
10:00 AM
McCarthy & Holthus, LLP - movant attorney Motion for Relief from Stay
Wells Fargo Bank, N.A. vs. DEBTORS (Motion filed 3/13/19)
RE: 48815 De Luz Road, Temecula, CA 92590 EH
Docket 22
Tentative for 4/16/19 is to DENY:
Movant seeks relief from stay in this reopened bankruptcy case; however, the reopening of a closed chapter 7 case does not resurrect the previously terminated automatic stay. See In re Blumfiel, 514 B.R. 637, 643 (Bankr. D. Colo. 2014).
Notwithstanding the foregoing, if the stay were in place, the Court would also deny as Movant is adequately protected. 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). Although there is no equity, the Movant, as the first-position lienholder, is protected by a substantial equity cushion.
Appearances required.
Debtor(s):
Ronald M Herzer Represented By
10:00 AM
Christopher Hewitt
Joint Debtor(s):
Doris A Herzer Represented By Christopher Hewitt
Movant(s):
Wells Fargo Bank, N.A. Represented By Nancy L Lee
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
Barrett Daffin Frappier Treder & Weiss, LLP - movant attorney Motion for Relief from Stay
The Bank of New York Mellon vs. DEBTOR (Motion filed 12/10/18)
Re: 45251 Saint Tisbury Street, Temecula, CA 92592 EH
(Cont. from 1/8/19)
Docket 29
NONE LISTED -
Debtor(s):
Cecil Jerry Edens Jr Represented By Joseph A West
Movant(s):
The Bank of New York Mellon, Represented By Darlene C Vigil
Trustee(s):
John P Pringle (TR) Represented By Toan B Chung
10:00 AM
Law Offices of Austin P. Nagel - movant attorney Motion for Relief from Stay
Toyota Motor Credit Corporation vs. DEBTOR (Motion filed 3/14/19)
RE: 2015 TOYOTA SIENNA, VIN: 5TDXK3DC5FS678926
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):
Erick Govanny Parra Represented By Robert L Firth
Movant(s):
Toyota Motor Credit Corporation, Represented By
Austin P Nagel
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
Consumer Portfolio Services, Inc. vs.DEBTORS (Motion filed 3/22/19)
Re: 2017 KIA FORTE
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):
Ingrid Zuleika Cortez Pro Se
Joint Debtor(s):
Christopher Michael Ferrall Pro Se
Movant(s):
Consumer Portfolio Services, Inc., Represented By
Christina J O
10:00 AM
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
Law Office of Julian Bach - movant attorney Motion for Relief from Stay
David W. Mathis vs. DEBTOR (Motion filed 3/23/19)
Re: 552 East E Street, Ontario, California 91764 EH
Docket 10
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 submitted evidence that the filing was a part of a scheme to delay or hinder its foreclosure proceeding and multiple filings have occurred.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party 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):
Ramiro Camargo Pro Se
Movant(s):
David W Mathis Represented By Julian K Bach
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
Kimball, Tirey, & St. John LLP - movant attorney Motion for Relief from Stay
HPA Borrower 2017-1 LLC vs. DEBTOR (Motion filed 3/20/19)
Re: 6345 Cool Breeze Ct., Riverside, CA 92503 EH
Docket 10
Updated Tentative for 4/16/19:
The Court has received and reviewed the Amended Declaration filed on 4/15/19 [Dk. 15], and will GRANT the Motion as set forth below.
Appearances are excused.
***************************************************************************** Tentative for 4/16/19:
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver, provided Movant files an amended declaration in support of the motion (the first paragraph of the supporting declaration omits the declarant's name).
The request for annulment is granted. Movant has provided evidence that its actions in setting the trial after Debtor's bankruptcy case was filed were 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.
10:00 AM
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.
Debtor(s):
Antuan Turner Represented By Julie J Villalobos
Movant(s):
HPA Borrower 2017-1 LLC Represented By Scott Andrews
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
Prenovost, Normandin, Bergh & Dawe - movant attorney Motion for Relief from Stay
Yamaha Motor Finance Corp. vs. DEBTOR (Motion filed 3/26/19)
Re: 2016 Yamaha VX1050BRA
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):
Yuvia Del Alma Tuyu Represented By Joseph A Weber
Movant(s):
Yamaha Motor Finance Corp. Represented By Karel G Rocha
10:00 AM
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
Law Offices of William E. Windham - movant attorney Motion for Relief from Stay
Kavon Haghighi vs. DEBTOR (Motion filed 4/10/19)
Re: 27720 Elderberry St, Murrietta 92562
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):
Robert Clement Hitte Pro Se
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 4/16/19 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):
John Angulo Jr Pro Se
Joint Debtor(s):
Linda Angulo Pro Se
Trustee(s):
Howard B Grobstein (TR) Pro Se
11:00 AM
Hrg. on approval of trustee's final report and applications for compensation EH
Docket 0
Tentative for 4/16/19 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):
Ray Carnes Represented By
Eliza Ghanooni
Joint Debtor(s):
Stephanie Lukehart-Carnes Represented By Eliza Ghanooni
Trustee(s):
Robert Whitmore (TR) Pro Se
11:00 AM
Hrg. on approval of trustee's final report and applications for compensation EH
Docket 49
Tentative for 4/16/19 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):
Ivan De La Torre Represented By Daniel C Sever
Trustee(s):
Lynda T. Bui (TR) Represented By Carmela Pagay
11:00 AM
Hrg. on approval of trustee's final report and applications for compensation EH
Docket 37
Tentative for 4/16/19 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):
Lluvia Isabel Garcia Represented By Marlin Branstetter
Trustee(s):
Charles W Daff (TR) Pro Se
11:00 AM
Hrg. on approval of trustee's final report and applications for compensation EH
Docket 39
Tentative for 4/16/19 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 Edward Mathias Represented By Jenny L Doling
Joint Debtor(s):
Kirt Lee Edly Represented By
Jenny L Doling
Trustee(s):
Lynda T. Bui (TR) Pro Se
11:00 AM
Hrg. on Chapter 7 Trustee's Motion for Order (1) Authorizing Sale of Real Property Free & Clear of Liens, Claims and Interests (2) Confirming Sale to Third Party or the Highest Bidder Appearing at the Hearing; (3) Determining that Buyer is a Good Faith Purchaser; (4) Waiving the 14 Day Stay Prescribed by Rule 6004(h) of the Federal Rules of Bankruptcy Procedure
EH
Docket 29
Tentative for 4/16/19 is to approve bidding procedures. Trustee is to conduct an auction.
Debtor(s):
Kevin Jones Represented By
Todd L Turoci
Joint Debtor(s):
Teri Marie Goodwin Represented By Todd L Turoci
Movant(s):
Larry D Simons (TR) Represented By Frank X Ruggier
Trustee(s):
Larry D Simons (TR) Represented By Frank X Ruggier
11:00 AM
Hrg. on Chapter 7 Trustee's Motion for Turnover of Property of the Estate Pursuant to Bankruptcy Code Sections 521(a)(4) and 542(a), and Request to Provide the Trustee With a Full Accounting
EH
Docket 66
Tentative for 4/16/19:
The Court agrees that Debtor is required to cooperate with the Trustee pursuant to 11 U.S.C. §521(a)(3). If the Trustee has requested certain documentation, which has not been provided, a turnover order is warranted. The Chapter 7 Trustee should be prepared to walk the Court through precisely what documents and assets he requests the Debtor be ordered to turn over.
To the extent the Trustee appears to be requesting an order compelling Debtor to amend his schedules, that request is not included in the caption of the motion, nor the notice, and the Trustee provides no legal authority for that request.
Appearances are required.
Debtor(s):
Hao Wang Represented By
Sam X J Wu
Movant(s):
Arturo Cisneros (TR) Pro Se
11:00 AM
Trustee(s):
Arturo Cisneros (TR) Pro Se
11:00 AM
Hrg. on chapter 7 trustee's Third Motion filed 3/8/19 to Extend Deadline Within Which the Chapter 7 Trustee or the Office of the U.S. Trustee May File an Objection to Debtor's Discharge Pursuant to 11 U.S.C. Section 727
EH
Docket 63
Tentative for 4/16/19 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
Movant(s):
Arturo Cisneros (TR) Pro Se
Trustee(s):
Arturo Cisneros (TR) Pro Se
11:00 AM
Hrg. on Debtors' motion filed 3/21/19 to vacate Dismissal of case EH
Docket 17
Tentative for 4/16/19:
Debtors should appear in person and be prepared to testify under oath regarding their communications with the Trustee and their understanding as to their duties and responsibilities in this case.
Should Debtors fail to appear, the Motion may be denied.
Appearances required.
Debtor(s):
LaTronia Chantanise Gipson Pro Se
Joint Debtor(s):
Roy Lester Colbert Jr Pro Se
Movant(s):
LaTronia Chantanise Gipson Pro Se
Roy Lester Colbert Jr Pro Se
Trustee(s):
Steven M Speier (TR) Pro Se
11:00 AM
Hrg. on U.S. Trustee's Motion For Order Compelling Attorney To File Disclosure Of Compensation Pursuant To 11 U.S.C. § 329 And Federal Rule Of Bankruptcy Procedure 2016
(Cont. from 3/19/19) EH
Docket 19
Tentative for 4/16/19:
The Court would like to hear from the United States Trustee on whether this matter is moot as a result of the filing of the Disclosure of Compensation on 3/18/19 [Dk. 32].
Appearances required.
***************************************************************************** Updated tentative for 3/19/19:
The Court has received and reviewed the opposition [Dk. 33] and Disclosure of Compensation [Dk. 32] filed on 3/18/19. While the Court is not pleased with the extreme tardiness of filing an opposition on the eve of a hearing, it is inclined to consider the late-filed documents as they go to the merits of the Motion. Both parties are directed to appear and discuss the sufficiency of the disclosure and why it could not have been made in a more timely manner.
Appearances required.
*************************************************************************** Tentative for 3/19/19 is to GRANT.
11:00 AM
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Gorilla Islands, LLC Represented By Bruce A Boice
Movant(s):
United States Trustee (RS) Represented By
Abram Feuerstein esq
Trustee(s):
Howard B Grobstein (TR) Represented By Christopher K.S. Wong M Douglas Flahaut Aram Ordubegian
1:30 PM
Hrg. on Debtors' Motion in Chapter 11 Case for Entry of a Final Decree and Order
Closing Case EH
Docket 330
Tentative for 4/16/19 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):
Salvador Rivera Represented By Andrew H Griffin III
Joint Debtor(s):
Teresa Rivera Represented By Andrew H Griffin III
Movant(s):
Salvador Rivera Represented By Andrew H Griffin III
1:30 PM
Hrg. on approval of Disclosure Statement (Cont. from 3/5/19)
EH
Docket 0
Tentative for 4/16/19:
Appearances required.
****************************************************************************** Tentative for 2/5/19:
Counsel should appear and be prepared to discuss the following issues:
The feasibility of the plan appears to be based in part on payments from third parties. Debtor should provide additional support for approval of a plan under Chapter 11 with such a contingency. Further, the Court notes that Debtor’s family members have provided declarations stating that they can afford to and will continue to make the payments to the Debtor in support of her plan; however, these statements lack foundation and detail sufficient to convince the Court of their reliability. For example, while Mr. Mendoza and Ms. Calangi both provide their monthly income, they do not state their monthly expenses, so the Court cannot evaluate whether they truly have the financial ability to make the promised monthly contributions for the
1:30 PM
duration of the Debtor’s plan.
It is not clear that the treatment of the claims of junior lienholders
Angelina Yumang and AMC Rockwell Corporation as unsecured claims owed $0.00 is appropriate. Debtor argues her personal obligation on this lien was discharged in 2012, and the Creditors’ liens were stripped pursuant to a motion to value. In support of this assertion, Debtor cites case law for Chapter 13 cases, but does not address the effect of § 1111(b)(A) (which does not apply in Chapter 13), which provides that a claim secured by property of the estate shall be treated as though the holder had recourse against the debtor on account of the claim. See In re B.R. Brookfield Commons No. 1 LLC, 735 F.3d 596, 598 (7th Cir.
2013) (requiring an otherwise non-recourse claim to be treated as if creditor had recourse against debtors because creditor's claim was secured by a valid lien against debtors' property); In re Salamon, 854 F.3d 632, 636 (9th Cir. 2017) (finding that §1111(b)(A) did not apply where the property had been sold and the liens were secured by property that was no longer property of the estate).
The Plan and Disclosure Statement propose to modify a mortgage secured by Debtor’s primary residence. It is unclear why this is permissible under §1123(b)(5).
While the Disclosure Statement references the Wells Fargo Motion for Relief from stay with respect to the 16593 Catena Drive Property, it does not mention the relief from stay motion with respect to the 2226 Rancho Hills Drive property that was granted on June 22, 2018 [Dk. 75], or whether this property remains property of the estate or if this relief from stay has any effect on the estate.
Appearances required.
************************************************************************** Tentative for 10/9/18:
1:30 PM
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
Hrg. on Chapter 11 Status Conference (Cont. from 3/4/19)
EH
Docket 0
Tentative for 4/16/19:
None listed.
************************************************************************** Tentative for 2/05/19 is to set a CONTINUED date of April 2, 2019, at 1:30 p.m.
*************************************************************************** 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
1:30 PM
Hrg. on Chapter 11 Status Conference
EH
(Cont. from 3/4/19)
Docket 0
Tentative for 4/16/19:
None listed.
***************************************************************************** Tentative for 3/5/19 is to set a continued status conference date of April 16, 2019 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
*******************************************************************************
Tentative for 1/22/19 is to set a continued status conference date of March 5, 2019 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
******************************************************************************* 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
1:30 PM
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.
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 Approval of Disclosure Statement EH
(Cont. from 3/5/19)
Docket 0
Tentative for 4/16/19 is to GRANT. Appearances required.
***************************************************************************
Tentative for 3/5/19 is to CONTINUE the hearing on the disclosure statement to April 16, 2019, at 1:30 p.m. to allow Debtor to file an amended plan and disclosure statement that addresses and resolves the issues raised in the objections filed by Creditor Columbia Bank on February 15, 2019 [Dk. 127] and by the UST on February 19, 2019 [Dk. 128].
An amended disclosure statement and plan must be filed by March 26, 2019. Oppositions to the amended disclosure statement are due April 2, 2019.
Replies to any opposition are due April 9, 2019.
Appearances for the 3/5/19 hearing are excused.
Debtor(s):
Big Bear Bowling Barn, Inc. Represented By Julie J Villalobos
1:30 PM
Hrg. on Chapter 11 Status Conference EH
(Cont. from 2/19/19)
Docket 1
Tentative for 4/16/19:
This matter is CONTINUED to June 11, 2019 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
**************************************************************************** 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
Bradford G Hughes Peter W Lianides
1:30 PM
Alastair M Gesmundo Robert E Opera
1:30 PM
Hrg. on Application filed 3/26/19 for Compensation First Interim Application Of Winthrop Couchot Golubow Hollander, LLP, General Insolvency Counsel For The Debtor, Period: 11/19/2018 to 2/28/2019, Fee: $235,755.50, Expenses:
$5671.58
EH
Docket 191
NONE LISTED -
Debtor(s):
Lovejoy's Family Moving., Inc., dba Represented By
Bradford G Hughes Peter W Lianides Alastair M Gesmundo Robert E Opera
1:30 PM
Hrg. on Application filed 3/26/19 for Compensation and Reimbursement of Expenses of Illyssa I. Fogel & Associates, Former General Bankruptcy Counsel to the Debtor. for Illyssa I Fogel - Period: 8/6/2018 to 11/19/2018, Fee:
$104,190.00, Expenses: $356.00 EH
Docket 194
NONE LISTED -
Debtor(s):
Lovejoy's Family Moving., Inc., dba Represented By
Bradford G Hughes Peter W Lianides Alastair M Gesmundo Robert E Opera
1:30 PM
Hrg. on Application filed 3/6/19 for Approval of Fees and Reimbursement of Expenses by The Turoci Firm - Period: 8/24/2018 to 2/21/2019, Fees:
$47,235.00, Expenses: $2,780.22. EH
Docket 116
Tentative for 4/16/19 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):
Investment Group, LLC Represented By Todd L Turoci
Movant(s):
Investment Group, LLC Represented By Todd L Turoci
1:30 PM
Hrg. on Debtor's motion filed 11/21/18 for approval of chapter 11 Disclosure Statement
(Cont from 2/5/19) EH
Docket 53
NONE LISTED -
Debtor(s):
Investment Group, LLC Represented By Todd L Turoci
Movant(s):
Investment Group, LLC Represented By Todd L Turoci
1:30 PM
Hrg. on Chapter 11 Status Conference (Cont. from 4/16/19)
EH
Docket 1
Tentative for 4/16/19: This matter is CONTINUED to June 11, 2019 at 1:30
p.m. to coincide with the hearing on the adequacy of the disclosure statement.
Appearances are excused.
***************************************************************************** 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
1:30 PM
1:30 PM
Hrg. on Debtor's Motion filed 3/20/19 to Continue Hearing On approval of chapter 11 disclosure statement
EH
Docket 119
NONE LISTED -
Debtor(s):
Investment Group, LLC Represented By Todd L Turoci
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 12/5/18) EH
Docket 111
NONE LISTED -
Debtor(s):
Stanton Place 2014, LLC Represented By Robert M Yaspan
1:30 PM
Adv#: 6:19-01021 Ipex Capital, LLC et al v. Singh
STATUS CONFERENCE re: Complaint by Ipex Capital, LLC, Don Osborne, Mohammad Moktare against Paramjit Singh. (false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)),(65 (Dischargeability - other)) (727(a)(3))
Docket 1
NONE LISTED -
Debtor(s):
Paramjit Singh Represented By Robert J Spitz
Defendant(s):
Paramjit Singh Pro Se
Plaintiff(s):
Ipex Capital, LLC Represented By Neal Salisian
Don Osborne Represented By
Neal Salisian
Mohammad Moktare Represented By Neal Salisian
Trustee(s):
Todd A. Frealy (TR) Pro Se
1:30 PM
Adv#: 6:19-01018 Simons v. Bosher
STATUS CONFERENCE re: Complaint by Larry D. Simons against Leslie Ann Bosher (1) Avoidance and Recovery of Fraudulent Transfer (2) Turnover of Property; and (3) Sale of Interest of Co-owner in Property of the Estate
EH
Docket 1
Tentative for 4/17/19:
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: August 30, 2019. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: October 15, 2019. Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Mediation cutoff: October 15, 2019.
Pretrial conference: November 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.
Plaintiff is to lodge a scheduling order within seven (7) days.
Debtor(s):
Donald Meredith Dible Represented By
1:30 PM
Stephen H Darrow
Defendant(s):
Leslie Ann Bosher Pro Se
Plaintiff(s):
Larry D. Simons Represented By Anthony A Friedman
Trustee(s):
Larry D Simons (TR) Pro Se
1:30 PM
Adv#: 6:18-01217 Liao v. Zhuang
Hrg. on Plaintiff's Motion to compel defendant Judy Zhuang's Rule 26(a) disclosures; responses to Planitiff Chih Ling Liao's Special interrogatories, set one and requests for production of documents, set, one
EH
Docket 23
Tentative for 4/17/19:
Appearances required.
Debtor(s):
Judy Zhuang Represented By
Todd L Turoci
Defendant(s):
Judy Zhuang Pro Se
Plaintiff(s):
Chih Ling Liao Represented By Sam X J Wu
Trustee(s):
Todd A. Frealy (TR) Pro Se
9:30 AM
CONT'D Reaffirmation Agreement Between Debtor And Kia Motors Finance Motion filed 1/9/19)
[ES CASE]
[RE: 2015 Kia Optima - Amount: $13,820.82] FR: 3-20-19
Docket 11
NONE LISTED -
Debtor(s):
Kathleen Marie Buhneing Represented By Brian J Soo-Hoo
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:30 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And ACAR Leasing LTD d/b/a GM Financial Leasing
(Motion filed 3/8/19)
[TA CASE]
[RE: 2018 Cadillac XT5 - Amount: $23,978.80] [VIN No.: 1GYKNCRS0JZ231634]
Docket 11
NONE LISTED -
Debtor(s):
Deborah C Duncan Pro Se
Trustee(s):
Thomas H Casey (TR) Pro Se
9:30 AM
CONT'D Hearing RE: Reaffirmation Agreement Between Debtor And Toyota Motor Credit Corporation
(Motion filed 2/14/19)
[RE: 2014 Toyota Sienna - Amount: $18,834.23] [VIN No.: 5TDZK3DC1ES479797]
FR: 3-20-19
Docket 9
NONE LISTED -
Debtor(s):
Vanneza Lopez Represented By Daniel King
Trustee(s):
Karen S Naylor (TR) Pro Se
9:30 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And American Honda Finance Corporation
(Motion filed 3/1/19)
[TA CASE]
[RE: 2018 Honda Accord - Amount: $27,568.17] [VIN No.: 1HGCV1F39JA195938]
Docket 13
NONE LISTED -
Debtor(s):
Armando Martinez Ortiz Represented By Marlin Branstetter
Trustee(s):
Thomas H Casey (TR) Pro Se
9:30 AM
Hearing RE: Reaffirmation Agreement Between Debtor And American Honda Finance Corporation
(Motion filed 3/1/19)
[ES CASE]
[RE: 2015 Honda Accord - Amount: $19,513.42] [VIN No.: 1HGCR2F54FA184834]
[Presumption Of Undue Hardship Box Checked]
Docket 10
NONE LISTED -
Debtor(s):
Cynthia Barela Represented By Kevin J Kunde
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:30 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And Nissan-
Infiniti LT
(Motion filed 3/4/19)
[RE: Leased 2017 Infiniti Q50 - Amount: $6,562.65 Plus All Amounts Due Under The Lease At The Termination Of The Lease]
[RE: VIN No.: JN1EV7AP1HM734858]
Docket 16
NONE LISTED -
Debtor(s):
David Belasco IV Pro Se
Trustee(s):
Weneta M Kosmala (TR) Pro Se
9:30 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And Toyota Motor Credit Corporation
(Motion filed 3/5/19)
[ES CASE]
[RE: 2015 Toyota Prius - Amount: $5,335.00] [VIN No.: JTDKN3DU8F0408800]
Docket 13
NONE LISTED -
Debtor(s):
Teresa Canlas Naluz Pro Se
Joint Debtor(s):
Charles Randall Ala Mendina Pro Se
Trustee(s):
Weneta M Kosmala (TR) Pro Se
9:30 AM
Hearing RE: Reaffirmation Agreement Between Debtor And Americredit Financial Services, Inc., dba GM Financial
(Motion filed 3/1/19)
[ES CASE]
[RE: 2014 Mitsubishi Mirage - Amount: $6,590.91] [VIN No.: ML32A3HJ8EH009772]
Docket 9
NONE LISTED -
Debtor(s):
Martha L Kramer Represented By Marlin Branstetter
Trustee(s):
Richard A Marshack (TR) Pro Se
9:30 AM
Hearing RE: Reaffirmation Agreement Between Debtor And ACAR Leasing LTD d/b/a/ GM Financial Leasing
(Motion filed 3/5/19)
[TA CASE]
[RE: 2017 Chevrolet Tahoe - Amount: $18,225.89] [VIN No.: 1GNSKBKC7HR346826]
Docket 12
NONE LISTED -
Debtor(s):
Charlie McKenzie Richardson Represented By Tina H Trinh
Joint Debtor(s):
Yen Hoang Richardson Represented By Tina H Trinh
Trustee(s):
Thomas H Casey (TR) Pro Se
9:30 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And Bank Of America, N.A.
(Motion filed 3/1/19)
[CB CASE]
[RE: 2016 Audi S3 #5859 - Amount: $35,158.46]
Docket 13
NONE LISTED -
Debtor(s):
Brandon Robert Truman Represented By Philomena N Nzegge
Joint Debtor(s):
Shaina Bautista Truman Represented By Philomena N Nzegge
Trustee(s):
Richard A Marshack (TR) Pro Se
9:30 AM
Hearing RE: Reaffirmation Agreement Between Debtor And USAA Federal Savings Bank
(Motion filed 3/22/19)
[CB CASE]
[RE: 2016 Subaru Outback - Amount: $23,880.45]
Docket 10
NONE LISTED -
Debtor(s):
Perri A. Lujan-Medley Represented By Christopher J Langley
Trustee(s):
Karen S Naylor (TR) Pro Se
11:00 AM
Adv#: 8:18-01176 Marshack, Ch 7 Trustee v. Castanon
Hearing RE: Plaintiff Richard A. Marshack, Chapter 7 Trustee's Motion For Sanctions For Failure To Cooperate In Discovery
(Motion filed 3/26/19)
Docket 15
Tentative for 4/17/19:
Appearances required.
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Defendant(s):
Michael E Castanon Represented By Rhonda Walker
Plaintiff(s):
Richard A Marshack, Ch 7 Trustee Represented By
Marsha A Houston Christopher O Rivas
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden
11:00 AM
Beth Gaschen Matthew Grimshaw
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)
[Judgment RE Well Fargo]
FR: 9-12-18; 11-7-18; 1-23-19
Docket 11
Tentative for 4/17/19:
The Court has received and reviewed the Status Report filed on 4/3/19 [Dk. 40], and will CONTINUE this matter to 6/12/19 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
***************************************************************************
Tentative for 1/23/19 is to CONTINUE this matter to 4/17/19 at 11:00 a.m. A status report is due 14 days in advance.
The 1/23/19 hearing is VACATED.
*************************************************************************** Tentative for 11/07/18 is to CONTINUE this matter to 1/23/19 at 11:00 a.m.
11:00 AM
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
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
Noreen A Madoyan
Trustee(s):
Jeffrey I Golden (TR) Represented By Noreen A Madoyan
11:00 AM
Adv#: 8:19-01014 Steffen v. Steffen
Hearing RE: Motion To Dismiss Adversary Proceeding Filed By Wallace Steffen, Jr.
(Motion filed 3/5/19)
Docket 10
Tentative for 4/17/19 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):
Krista Dee Christy Steffen Represented By Angela Mestre
Defendant(s):
Krista Dee Christy Steffen Pro Se
Plaintiff(s):
Wallace Steffen Represented By Anerio V Altman
Trustee(s):
Karen S Naylor (TR) Pro Se
1:30 PM
Final hrg. on Motion for Entry of an Order Authorizing Debtor to Honor Prepetition Obligations to Critical Vendors
EH
(Cont. from 3/14/19)
[Tele. appr., Gary W. Marsh, repr., Air Force Village West, Inc., et al.] [Tele. appr., Paul E. Harner, repr., KBC Bank NV - LISTEN ONLY] [Tele. appr., Jed Morris, repr., Westmont Living, Inc. - LISTEN ONLY]
Docket 15
Tentative for 4/18/19:
Appearances required. The Court prefers, but does not require, that any party intending to participate in any oral argument or presentation to the Court, including but not limited to counsel for the Debtor, the Committee for Unsecured Creditors, any secured creditors, and any government entities, appears in person in Santa Ana.
Debtor(s):
Air Force Village West Inc Represented By Samuel R Maizel Tania M Moyron
1:30 PM
Final hrg. on Motion For Order Limiting Scope of Notice EH
(Cont. from 3/14/19)
[Tele. appr., Gary W. Marsh, repr., Air Force Village West, Inc., et al.] [Tele. appr., Paul E. Harner, repr., KBC Bank NV - LISTEN ONLY] [Tele. appr., Jed Morris, repr., Westmont Living, Inc. - LISTEN ONLY]
Docket 19
Tentative for 4/18/19:
Appearances required. The Court prefers, but does not require, that any party intending to participate in any oral argument or presentation to the Court, including but not limited to counsel for the Debtor, the Committee for Unsecured Creditors, any secured creditors, and any government entities, appears in person in Santa Ana.
Debtor(s):
Air Force Village West Inc Represented By Samuel R Maizel Tania M Moyron
1:30 PM
Hrg. on Debtor's Motion filed 3/19/19 for the Entry of (I) an Order (1) Approving Bidding Procedures, Auction Sale Format, and Stalking Horse Bid Protections;
(2) Approving Notice Procedures to Interested Parties; (3) Scheduling Court Hearings to Consider Approval of the Bidding Procedures and the Sale to the Highest Bidder; and (4) Approving Procedures Related to the Assumption of Certain Executory Contracts and Unexpired Leases; and (II) an Order Authorizing the Sale of Property Free and Clear of All Claims, Liens and Encumbrances
EH
[Tele. appr., Gary W. Marsh, repr., Air Force Village West, Inc., et al.] [Tele. appr., Paul E. Harner, repr., KBC Bank NV - LISTEN ONLY] [Tele. appr., Jed Morris, repr., Westmont Living, Inc. - LISTEN ONLY]
Docket 109
- NONE LISTED -
Debtor(s):
Air Force Village West Inc Represented By Samuel R Maizel Tania M Moyron
1:30 PM
Hrg on Emergency Motion of Debtor for Interim and Final Orders (A) Authorizing the Debtor to Obtain Post Petition Financing, (B) Authorizing the Debtor to Use Cash Collateral, and (C) Granting Adequate Protection to Prepetition Lenders Pursuant to 11 U.S.C. Sections 105, 363, 364, 1107 and 1108
EH
(Cont. from 3/14/19)
[Tele. appr., Gary W. Marsh, repr., Air Force Village West, Inc., et al.] [Tele. appr., Paul E. Harner, repr., KBC Bank NV - LISTEN ONLY] [Tele. appr., Jed Morris, repr., Westmont Living, Inc. - LISTEN ONLY]
Docket 12
Tentative for 4/18/19:
Appearances required. The Court strongly prefers, but does not require, that any party intending to participate in any oral argument or presentation to the Court, including but not limited to counsel for the Debtor, the Committee for Unsecured Creditors, any secured creditors, and any government entities, appears in person in Santa Ana.
Debtor(s):
Air Force Village West Inc Represented By Samuel R Maizel Tania M Moyron
10:00 AM
Motion for relief from stay [Personal Property]
Santander Consumer USA, Inc., dba Chrysler Capital As Servicer For CCAP Auto Lease Ltd. vs. DEBTOR; And Jeffrey I. Golden, Trustee
(Motion filed 3/22/19)
[RE: 2017 Dodge Journey - VIN 3C4PDCGG1HT582101]
[Tele. appr., John H. Kim, repr., Santander Consumer USA, Inc.]
Docket 24
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):
Lisa A. Henry Represented By
Kelly H. Zinser
Trustee(s):
Jeffrey I Golden (TR) Represented By Reem J Bello
10:00 AM
Motion for relief from stay [Unlawful Detainer]
Wenjun Han vs. DEBTOR (Motion filed 3/28/19) (Amended Motion filed 3/31/19)
[RE: 23 Ebb Tide Circle, Newport Beach, CA 92663]
Docket 48
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 actions in obtaining an unlawful detainer judgment after Debtor's bankruptcy case was filed were 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.
Debtor(s):
Hung Nguyen Represented By Alex L Benedict
10:00 AM
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; 10-25-18
Docket 1
Tentative for 4/18/18:
The Court has received and reviewed the post-confirmation status report filed 4/4/19 [Dk. 779] and will CONTINUE the status conference to October 17, 2019 at 11:00 a.m. A status report is due 14 days in advance.
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 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; 8-23-18; 1-31-19
[Tele. appr., Melissa R. Davis Lowe, repr., D&A Daily]
Docket 1
Tentative for 4/18/18:
The Court has received and reviewed the post-confirmation status report filed 4/4/19 [Dk. 1765] and will CONTINUE the status conference to October 17, 2019 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
**********************************************************************
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.
11:00 AM
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 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 Of The Litigation Trustee For Order Reducing And Allowing Filed Amended Claim 43-2 Of Orange County Health Care Agency
(Motion filed 3/1/19)
Claim No. 43-2 Orange County Health Care Agency $353,946.49
Docket 574
Tentative for 4/18/19 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):
California Hispanic Commission on Represented By
Michael R Totaro Linda F Cantor ESQ Victoria Newmark Nancy S Goldenberg
11:00 AM
Hearing RE: Seventh Omnibus Motion For Order Disallowing Claims: (Motion filed 3/1/19)
Claim No. 38 James Hernandez $113,341.00
Claim No. 59 James Hernandez $1,000,000.00
Docket 578
Tentative for 4/18/19 is to CONTINUE to June 13, 2019, at 11:00 a.m., to allow Movant to submit supplemental evidence.
The only evidence in support of this claim objection is the declaration of Mirco
J. Haag, which provides at ¶4:
At my direction, a member of my staff communicated and worked with Debtor’s counsel to determine the validity and extent of all of the claims at issue in this case. It is my understanding that the claims by Mr. Hernandez were discussed, in an effort to better understand objectionable claims. Neither Debtor nor Debtor’s counsel provided support for Mr. Hernandez’s claims.
This is insufficient.
Appearances for the 4/18/19 hearing are excused.
Debtor(s):
California Hispanic Commission on Represented By
Michael R Totaro Linda F Cantor ESQ Victoria Newmark
11:00 AM
Nancy S Goldenberg
11:00 AM
Hearing RE: Motion Of The Litigation Trustee For Order Disallowing Filed Claim 2-2 Of Orange County Tax Collector As Not An Obligation Of The Debtor (Motion filed 2/28/19)
Claim No. 2-2 Orange County Tax Collector $13,224.78
Docket 568
Tentative for 4/18/19 is to CONTINUE to June 13, 2019, at 11:00 a.m., to allow Movant to effect proper service on claimant.
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." FRBP 7004(b)(6) requires that a "state or municipal corporation or other governmental organization thereof" must be served "to the person or office upon whom process is prescribed to be served by the law of the state in which service is made." 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.
It appears that Claimant was not served with either the Notice or Objection in accordance with FRBP 7004. Movant must properly serve claimant with the Objection and notice of the Objection and continued hearing date in accordance with LBR 3007-1(b), and file the appropriate notice and/or proof of service.
Appearances are excused for 4/18/19.
11:00 AM
Debtor(s):
California Hispanic Commission on Represented By
Michael R Totaro Linda F Cantor ESQ Victoria Newmark Nancy S Goldenberg
11:00 AM
Hearing RE: Motion Of The Litigation Trustee For Order Disallowing Filed Claim 63-2 Of Jimmy Milligan As Improperly Classified And No Liability Owed
(Motion filed 2/28/19)
Claim No. 63-2 Jimmy Milligan $126,360.00
Docket 570
Tentative for 4/18/19 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):
California Hispanic Commission on Represented By
Michael R Totaro Linda F Cantor ESQ Victoria Newmark Nancy S Goldenberg
11:00 AM
Hearing RE: Motion Of The Litigation Trustee For Order Disallowing Filed Claim:
(Motion filed 2/28/19)
Claim No. 37 Long Term Care Properties, Inc. $3,976,875.50
Docket 564
Tentative for 4/18/19 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):
California Hispanic Commission on Represented By
Michael R Totaro Linda F Cantor ESQ Victoria Newmark Nancy S Goldenberg
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;
10-25-18
Docket 16
Tentative for 4/18/19:
This matter is CONTINUED to December 19, 2019 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
****************************************************************************** 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.
11:00 AM
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 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;
8-23-18; 1-31-19
[Tele. appr., Beth Gaschen, repr., Trustee]
Docket 1
Tentative for 4/18/19:
The Court is inclined to set the following dates/deadlines:
Deadline to file a plan and disclosure statement - June 30, 2019.
A Continued Chapter 11 Status Conference - August 15, 2019 at 11:00
a.m. A status report is due 14 days in advance.
The Trustee (himself or through his counsel) should be prepared to orally provide the Court with a current and projected financial overview of Debtor, including a summary of all claims.
Appearances required.
Debtor(s):
Cecilio Romero Murrietta Represented By Andrew S Bisom
Joint Debtor(s):
Irma Bonilla Murrietta Represented By
11:00 AM
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; 5-31-18; 7-12-18; 9-20-18; 12-20-18
Docket 1
Tentative for 4/18/19:
The Court has received and reviewed the Eigth Chapter 11 Status Report and Second Post-Confirmation Status Report for LVNV Multi Family, LLC, filed April 4, 2019 [Dk. 844], 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 September 19, 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 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 AM
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 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: Disclosure Statement Describing Joint Chapter 11 Plan Of Liquidation Of PMB Managed Fund, LLC, And Alabama Housing Fund, LLC (D.S. filed 3/7/19)
Docket 0
Tentative for 4/18/19 is to GRANT.
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 Timothy W Evanston
11:00 AM
POST-CONFIRMATION STATUS CONFERENCE Hearing RE: (1) Case
Management Conference And (2) Requiring Status Report (Petition filed 7/1/17)
(Set at Confirmation Hearing on 10/25/18)
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;
10-25-18
Docket 1
Tentative for 4/18/19:
The Court has received and reviewed the Declaration of Default and Request for Hearing Regarding Default Under the Plan filed by Debtor's attorney, David Tilem, on March 29, 2019 [Dk. 269]. As of the posting of this Tentative, no post-confirmation status report has been filed. The Court requires a briefing of the status of Debtor's performance for all post-confirmation requirements, not just payments to Debtor's counsel.
The Court is inclined to issue an Order to Show Cause why the case should not be converted to Chapter 7 for Debtor's failure to perform under the terms of the Plan ("OSC").
Debtor and its counsel should both appear at the hearing, brief the Court as to the status of Debtor's performance under the terms of the plan, and propose a hearing date and briefing schedule for the OSC.
Appearances required.
Debtor(s):
Chrestotes, Inc Represented By David A Tilem
11:00 AM
11:00 AM
CONT'D Hearing RE Post Confirmation Report 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)
(Set at Fourth Amended Ch. 11 Plan hearing held 8/23/18) FR: 1-16-19
Docket 154
Tentative for 4/18/19:
The Court has received and reviewed the status report filed on April 3, 2019 [Dk. 213], and will set a CONTINUED status conference date of September 19, 2019, at 11:00 a.m. A status report is due 14 days in advance.
The Court notes that the Status Report contains the following representation:
Debtor issued payment CitiMortgage as required under the stipulation and plan, but the payment was refused and returned to the Debtor. Pursuant to the terms and provisions of the confirmed Chapter 11 Plan, the failure of CitiMortgage to process the payment within 60 days of the date of the check has relieved the Debtors of any further payment obligations to CitiMortgage.
Status Report, pg. 5:12-17.
11:00 AM
This representation is inconsistent with the language in Stipulation re Treatment of Claim under Debtors Proposed Chapter 11 Plan, filed on March 29, 2019 [Dk. 135], and incorporated into the Fourth Amended Chapter 11 Plan [Dk. 175] as Exhibit H to the Fourth Amended Disclosure Statement [Dk. 165]. However, the status of payments or requirement for future payments to CitiMortgage pursuant to the plan is not presently at issue before the Court, and the Court makes no ruling at this time.
Appearances are 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
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; 12-20-18; 3-21-19
Docket 1
Tentative for 4/18/19:
None listed.
******************************************************************************* Tentative for 3/21/19:
The Court has received and reviewed the status report filed on March 6, 2019 [Dk. 45]. The Status Conference is CONTINUED to April 19, 2019 at 11:00
a.m. to coincide with the hearing on the Disclosure Statement filed on February 19, 2019, [Dk. 42]. A status report is due 14 days in advance.
Appearances are excused.
***************************************************************************** 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:
11:00 AM
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
Hearing RE: Motion For Order Approving Disclosure Statement As Containing Adequate Information Pursuant To Bankruptcy Code Section 1125(a)(1)(b) (Motion filed 2/19/19)
(D.S. filed 2/19/19)
Docket 43
Tentative for 4/18/19:
The U.S. circuit courts of appeals are split as to whether a bankruptcy court has the authority to approve chapter 11 plan provisions that, over the objection of creditors or other stakeholders, release specified nondebtors from liability and/or enjoin dissenting stakeholders from asserting claims against such nondebtors. The minority view, held by the Ninth, Fifth, and Tenth Circuits, bans such nonconsensual releases on the basis that section 524(e) of the Bankruptcy Code, which provides generally that "discharge of a debt of the debtor does not affect the liability of any other entity on, or the property of any other entity for, such debt," prohibits them. See In re Lowenschuss, 67 F.3d 1394 (9th Cir. 1995); Bank of N.Y. Trust Co. v. Official Unsecured Creditors' Comm. (In re Pac. Lumber Co.), 584 F.3d 229 (5th Cir. 2009); In re W. Real Estate Fund, Inc., 922 F.2d 592 (10th Cir. 1990).
The proposed plan attempts to enjoin Class 5 claimants from demanding payments from nondebtor parties in the event of non-default by the Debtor under the provisions of the confirmed plan. This is impermissible in the Ninth Circuit absent affirmative consent from the Class 5 claimants. Such a provision shall impact confirmation of the Plan.
Appearances required.
Debtor(s):
Tina Hong-Ngoc Trinh Represented By
11:00 AM
Michael Jones Sara Tidd
11:00 AM
Hearing RE: Objection To The Claims:
(Objection filed 3/4/19)
Claim No. 6 Maria Arellano $1,076,304.85
Claim No. 8 Maria Arellano $1,076,304.85
OFF CALENDAR - WITHDRAWAL OF DUPLICATE PROOF OF CLAIM NO. 8 ONLY FILED 3-19-19 - [DOCKET NO. 129]
[Tele. appr., Thomas H. Casey, repr., Thomas H. Casey]
Docket 95
Revised tentative for 4/18/19:
The Court has received the Stipulation to Continue that was filed on 4/17/19 [Dk. 157] between the Trustee and Respondents. The Court notes that it was filed the afternoon before the hearing, with no notification or courtesy copy to Chambers and it does not include Debtor, who is the moving party, or even reference Debtor's position as to the Stipulation.
Appearances required.
*************************************************************************** Tentative for 4/18/19 is to DENY without prejudice.
On March 28, 2019 [Dk. 139] the Court entered an order converting this case to Chapter 7. In light of the conversion and the pending related state court appeal, it is not clear that Debtor will have standing to prosecute this claim objection. Debtor has not established whether this is likely to be a surplus estate, and the appeal related to the underlying claim is property of the Estate. Accordingly, the Court is inclined to OVERRULE the objection without prejudice to the refiling of a claim objection by the chapter 7 Trustee or
11:00 AM
Debtor, providing Debtor establishes he has standing. Appearances required.
Debtor(s):
Brooks T Morgan Represented By
Catherine Christiansen
11:00 AM
Hearing RE: Objection To The Claims:
(Objection filed 3/4/19)
Claim No. 7 Joanna Lopez $1,076,304.85
Claim No. 9 Joanna Lopez $1,076,304.85
OFF CALENDAR - WITHDRAWAL OF DUPLICATE PROOF OF CLAIM NO. 9 ONLY FILED 3-19-19 - [DOCKET NO. 129]
[Tele. appr., Thomas H. Casey, repr., Thomas H. Casey]
Docket 97
Tentative for 4/18/19:
Please see tentative for matter #17, which is equally applicable to this matter.
Debtor(s):
Brooks T Morgan Represented By
Catherine Christiansen
11:00 AM
STATUS CONFERENCE Hearing RE: (1) Case Management Conference And
Requiring Status Report (Petition filed 2/27/19)
Docket 0
Tentative for 4/18/19 is to set the following dates/deadlines:
Deadline for filing a plan and disclosure statement: October 17, 2019. Note: the failure to timely file a plan and disclosure statement may result in the conversion or dismissal of the case.
Deadline for filing Proofs of Claims: June 27, 2019 ("Claims Bar Date").
Deadline for serving Notice of Claims Bar Date: April 25, 2019.
Deadline for filing Objections to Claim: August 15, 2019
Deadline for filing Avoidance Actions: August 15, 2019
Continued status conference: December 5, 2019 at 11:00 a.m. A status report is due 14 days in advance.
Appearances required.
Debtor(s):
MyTailor.com Represented By Christopher P Walker
9:30 AM
Adv#: 6:17-01253 Zamora et al v. Rodriguez
TRIAL re: Complaint by Hilda H Zamora, Caronna, Johnson & Zamora, LLP against Gabriella Rodriguez - 523(a)(5), (a)(15)
EH
(Cont. from 3/26/19)
Docket 1
Tentative for 4/23/19:
Appearances are required in Santa Ana. No telephonic appearances are permitted.
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
9:30 AM
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Hrg. on Emergency Motion Of Debtor And Debtor In Possession For An Order Limiting Scope Of Notice
(Tele. appr., David Reeder, rep. Creditor Prime Development NV LLC)
EH
Docket 10
Tentative for 4/24/19:
Appearances are required. Appearances by all counsel are preferred, but not required, in Santa Ana.
In addition, the primary inside and/or outside accountant/bookkeeper for the Debtor should appear in person in Santa Ana, and be prepared to testify under oath regarding Debtor's finances.
Debtor(s):
Banner Mattress, Inc. Represented By Daniel J Weintraub
10:00 AM
Hrg. on Emergency Motion Of Debtor And Debtor In Possession For An Order:
(1) Authorizing Use Of Cash Collateral On An Interim Basis Pursuant To Cash Collateral Stipulation; (2) Granting Replacement Liens; (3) Scheduling A Final Hearing On Permanent Use Of Cash Collateral; And (4) After Hearing,
Authorizing Permanent Use Of Cash Collateral
(Tele. appr., David Reeder, rep. Creditor Prime Development NV LLC)
EH
Docket 11
Tentative for 4/24/19:
Appearances are required. Appearances by all counsel are preferred, but not required, in Santa Ana.
In addition, the primary inside and/or outside accountant/bookkeeper should appear in person in Santa Ana, and be prepared to testify under oath regarding Debtor's finances.
Debtor(s):
Banner Mattress, Inc. Represented By Daniel J Weintraub
10:00 AM
Hrg. on Emergency Motion Of Debtor And Debtor In Possession For An Order Authorizing Debtor To Pay Pre- Petition: (1) Wages, Salaries, And Other Compensation; (2) Employee Medical, Workers Compensation, And Similar Benefits; (3) Employee Deductions; And (4) Authorizing And Directing Applicable Banks And Other Financial Institutions To Receive, Process, Honor, And Pay Checks Presented For Payment And To Honor Funds Transfer Requests Relating To the Foregoing
(Tele. appr., David Reeder, rep. Creditor Prime Development NV LLC)
EH
Docket 12
Tentative for 4/24/19:
Appearances are required. Appearances by all counsel are preferred, but not required, in Santa Ana.
In addition, the primary inside and/or outside accountant/bookkeeper should appear in person in Santa Ana, and be prepared to testify under oath regarding Debtor's finances.
Debtor(s):
Banner Mattress, Inc. Represented By Daniel J Weintraub
10:00 AM
Hrg. on Emergency Motion Of Debtor And Debtor In Possession For Entry Of An Order Authorizing Debtor To Maintain Pre-Petition Accounts
(Tele. appr., David Reeder, rep. Creditor Prime Development NV LLC)
EH
Docket 13
Tentative for 4/24/19:
Appearances are required. Appearances by all counsel are preferred, but not required, in Santa Ana.
In addition, the primary inside and/or outside accountant/bookkeeper should appear in person in Santa Ana, and be prepared to testify under oath regarding Debtor's finances.
Debtor(s):
Banner Mattress, Inc. Represented By Daniel J Weintraub
10:00 AM
Hrg. on Emergency Motion Of Debtor And Debtor In Possession For Entry Of An Order Authorizing Debtor To Reject Certain Unexpired Real Property Leases Pursuant To 11 U.S.C. § 365
(Tele. appr., David Reeder, rep. Creditor Prime Development NV LLC)
EH
Docket 14
Tentative for 4/24/19:
Appearances are required. Appearances by all counsel are preferred, but not required, in Santa Ana.
In addition, the primary inside and/or outside accountant/bookkeeper should appear in person in Santa Ana, and be prepared to testify under oath regarding Debtor's finances.
Debtor(s):
Banner Mattress, Inc. Represented By Daniel J Weintraub
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
ACAR Leasing LTD d/b/a GM Financial Leasing vs. DEBTOR, John P. Pringle, trustee
(Motion filed 4/4/19)
Re: 2016 Chevrolet Malibu, VIN: 1G1ZE5STXGF227631 EH
Docket 52
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):
Oscar Sanchez Represented By Douglas A Plazak
Movant(s):
ACAR Leasing LTD d/b/a GM Represented By Jennifer H Wang
10:00 AM
Trustee(s):
John P Pringle (TR) Represented By Toan B Chung
10:00 AM
Gordon Rees Scully Mansukhani LLP - movant attorney Motion for Relief from Stay
HOSOPO Corporation vs. DEBTOR (Motion filed 3/28/19)
Re: ACTION IN NON-BANKRUPTCY FORUM
EH
Docket 10
Grant pursuant to 11 U.S.C. §362(d)(1), as narrowly described in the motion. The request that the relief be binding in any future case is denied as Movant has not provided any 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):
Flowmedia Solutions Represented By
Robert B Rosenstein
Movant(s):
dba Horizon Solar Power HOSOPO Represented By
Shelby A Poteet
10:00 AM
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
Shapiro, Van Ess, Sherman & Marth, LLP - movant Motion for Relief from Stay
U.S. Bank National Association vs. DEBTOR (Motion filed 4/2/19)
Re: 11391 NW 35th Pl, Sunrise, FL 33323
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):
Francia Helena Cifuentes Represented By Carey C Pickford
Movant(s):
U.S. Bank National Association, as Represented By
Angie M Marth
Trustee(s):
John P Pringle (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 3/22/19)
Re: 2015 Scion FR-S 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):
Josefina Montoya De Avendano Represented By
Edgar P Lombera
Movant(s):
Toyota Motor Credit Corporation Represented By
Austin P Nagel
10:00 AM
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Stacey A. Miller, Esq. - movant attorney Motion for Relief from Stay
Porsche Leasing Ltd. and Porsche Financial Services, Inc. vs. DEBTOR (Motion filed 3/29/19)
Re: 2016 Porsche Panamera 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):
Antuan Turner Represented By Julie J Villalobos
Movant(s):
Porsche Financial Services, Inc. Represented By Stacey A Miller
Porsche Leasing Ltd. Represented By
10:00 AM
Trustee(s):
Stacey A Miller
Steven M Speier (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 3/25/19)
Re: 2017 Toyota Tundra 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):
Yuvia Del Alma Tuyu Represented By Joseph A Weber
Movant(s):
Toyota Motor Credit Corporation Represented By
Austin P Nagel
10:00 AM
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
French Lyon Tang - movant attorney Motion for Relief from Stay
Bank of the West vs. DEBTORS (Motion filed 4/8/19)
Re: 2009 Winnebago Adventurer M-35Z Ford Motor Home 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):
Abraham Flores Represented By Jonathan R Preston
Joint Debtor(s):
Susana Flores Represented By Jonathan R Preston
10:00 AM
Movant(s):
BANK OF THE WEST Represented By
Mary Ellmann Tang
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
Law Offices of William Windham - movant attorney Motion for Relief from Stay
Pal Villa Park 8 West, Inc. vs. DEBTOR (Motion filed 4/9/19)
Re: 1520 N. Palm Ave. Rialto, 92376
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):
Jaya C Woodson Pro Se
Movant(s):
Pal Villa Park 8 West Inc. Represented By William E Windham
10:00 AM
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
Nussbaum APC - movant attorney Motion for Relief from Stay
Magnum Property Investments, LLC vs. DEBTOR (Motion filed 4/15/19)
Re: 30983 Murrieta Road Menifee, CA 92584 EH
Docket 13
Tentative for 4/30/19 is to 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 submitted evidence demonstrating such relief is warranted.
Debtor's opposition filed April 17, 2019 [Dk. 15] is overruled as Movant has demonstrated that it possesses a colorable claim.
[M]otions 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."); 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.").
10:00 AM
Budd v. Fid. Asset Mgmt., LLC (In re Budd), 2011 Bankr. LEXIS 4317 (B.A.P. 9th Cir. July 12, 2011).
Appearances required.
Debtor(s):
Ruby Kaye Rehder Pro Se
Movant(s):
Magnum Property Investments LLC Represented By
Lane M Nussbaum
Trustee(s):
Steven M Speier (TR) Pro Se
11:00 AM
Hrg. on Trustee's final report; applications for compensation EH
Docket 108
Tentative for 4/30/19 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):
Roberto Del Castillo Pro Se
Trustee(s):
Arturo Cisneros (TR) Represented By Matthew Grimshaw Martin L Waterman Michael Alder
D Edward Hays
11:00 AM
Hrg. on Trustee's final report; applications for compensation EH
Docket 53
Tentative 4/30/19 is to APPROVE as requested, except that $540.00 in fees by Malcolm & Cisneros, A Law Corporation related to its employment application 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) (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 Applicant 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):
Luis Burgos Jr. Represented By Gregory D Angus
11:00 AM
Trustee(s):
Arturo Cisneros (TR) Represented By
Dane W Exnowski Christina J O
11:00 AM
Hrg. on chapter 7 trustee's Motion filed 4/4/19 for Order (1) Approving Sale of real Property and Bidding Procedures; (2) Approving Sale Free & Clear of Liens;
Finding Buyer a Good Faith Purchaser; (4) Authorizing Payment of Real Estate Agent's Commission; (5) Requiring Turnover of the Property to Trustee; and (6) Waiving 14-Day Stay of Rule 6004(h)
EH
Docket 49
Tentative for 4/30/19:
Movant should be prepared to address the following issues:
Improper Service. Debtor was served at 16535 Malloy Drive, Fontana, CA 92335; Debtor's address as listed on the petition is, however, 16535 Mallory Drive, Fontana, CA 92335.
Turnover and waiver of FRBP 6004(h). Movant seeks an order waiving the 14-day stay in FRBP 6004(h), requiring Debtor to turn over the property within 5 days of the hearing, and authorizing Movant to dispose of remaining personal property. While the Court appreciates Movant's general interest in completing the sale expeditiously, the Court is concerned regarding the brevity of the proposed timeline. The Court is not inclined to waive the 14-day stay or order turnover within 5 days of the hearing without additional evidence regarding on the one hand, the urgency to close the sale, and on the other hand, potential harm to the Debtor from the shortened timeline, including Debtor's previous cooperation and present ability to comply with the turnover order.
Appearances required.
11:00 AM
Debtor(s):
Jesus Michael Rodriguez Pro Se
Movant(s):
Karl T Anderson (TR) Represented By Robert P Goe
Goe & Forsythe LLP
Trustee(s):
Karl T Anderson (TR) Represented By Robert P Goe
Goe & Forsythe LLP
11:00 AM
Hrg. on Trustee's final report; applications for compensation EH
Docket 0
Tentative for 4/30/19 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):
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
1:30 PM
Hrg. on Chapter 11 Status Conference EH
Docket 0
Tentative for 4/30/19:
The Court has received and reviewed the Status Reports filed by Debtor [Dk. 1109] and Minority Voting Trust [Dk. 1110] on April 16, 2019. This matter is CONTINUED to August 13, 2019 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
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 Application filed 3/26/19 for Compensation and Reimbursement of Expenses of Illyssa I. Fogel & Associates, Former General Bankruptcy Counsel to the Debtor. for Illyssa I Fogel - Period: 8/6/2018 to 11/19/2018, Fee:
$104,190.00, Expenses: $356.00 (Cont. from 4/16/19)
EH
Docket 194
- NONE LISTED -
Debtor(s):
Lovejoy's Family Moving., Inc., dba Represented By
Bradford G Hughes Peter W Lianides Alastair M Gesmundo Robert E Opera
Movant(s):
Illyssa I. Fogel Represented By Illyssa I Fogel
1:30 PM
Hrg. on Application filed 3/26/19 for Compensation First Interim Application Of Winthrop Couchot Golubow Hollander, LLP, General Insolvency Counsel For The Debtor, Period: 11/19/2018 to 2/28/2019, Fee: $235,755.50, Expenses:
$5671.58
(Cont. from 4/16/19) EH
Docket 191
- NONE LISTED -
Debtor(s):
Lovejoy's Family Moving., Inc., dba Represented By
Bradford G Hughes Peter W Lianides Alastair M Gesmundo Robert E Opera
Movant(s):
Lovejoy's Family Moving., Inc., dba Represented By
Bradford G Hughes Peter W Lianides Alastair M Gesmundo Robert E Opera
1:30 PM
Evidentiary Hrg. on Debtor's Motion filed 1/4/19 to Disallow Claims Proof of Claim No. 3 filed by TD Capital, LLC & Disallow Claims Disallow Proof of Claim No. 4 filed by TD Capital, LLC
EH
Docket 75
- NONE LISTED -
Debtor(s):
Investment Group, LLC Represented By Todd L Turoci
Movant(s):
Investment Group, LLC Represented By Todd L Turoci
1:30 PM
Hrg. on Chapter 11 Status Conference
Docket 1
- NONE LISTED -
Debtor(s):
Air Force Village West Inc Represented By Samuel R Maizel Tania M Moyron
10:00 AM
Hrg. on approval of Reaffirmation Hearing between Debtor and Cab West, LLC, in the amount of $4,979.43
Re: 2017 Ford Fusion
Docket 9
- NONE LISTED -
Debtor(s):
Marisa A Salgado Pro Se
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 4/12/19 Between Debtors and San Diego County Credit Union, in the amount of $19,719.72
Re: 2008 Ford F250
Docket 10
- NONE LISTED -
Debtor(s):
Raymond James Trejo Represented By Norma Duenas
Joint Debtor(s):
Kristen Ann Trejo Represented By Norma Duenas
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement Between Debtor and Gateway One Lending & Finance, LLC, in the amount of $4,849.88
Re: 2007 Ford Truck
Docket 10
- NONE LISTED -
Debtor(s):
Denise Marie Herrera Pro Se
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
Hrg. on Approval of Reaffirmation filed 3/28/19 Between Debtor and Toyota Motor Credit Corporation, in the amount of $3,475.63
Re: 2014 Hyundai Accent
Docket 12
- NONE LISTED -
Debtor(s):
Huizhao Wang Pro Se
Trustee(s):
Howard B Grobstein (TR) Pro Se
1:30 PM
Adv#: 6:19-01010 Pringle v. Marshall et al
Hrg. on Plaintiff's Motion filed 2/21/19 for Default Judgment (per order entered 4/5/19)
EH
Docket 12
Tentative for 5/1/19 is to GRANT the Motion for Default Judgment, as modified by the supplemental briefing filed on 4/16/19 [Dk. 18].
Plaintiff is to upload an appropriate judgment within seven (7) days.
Appearances are excused.
Debtor(s):
Ann Lighthall Marshall Represented By Karen E Lockhart
Defendant(s):
Ann Lighthall Marshall Pro Se
Ann Lighthall Marshall Pro Se
William S. Manley Pro Se
William S. Manley Pro Se
Plaintiff(s):
John P. Pringle Represented By
Michelle A Marchisotto
1:30 PM
Trustee(s):
John P Pringle (TR) Represented By Patricia Miller
Michelle A Marchisotto
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 11/28/18) 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
1:30 PM
Trustee(s):
Arturo Cisneros (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 2/27/19) 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#: 6:19-01031 Mathias et al v. United States Department of Education et al
STATUS CONFERENCE re: Complaint by Timothy Edward Mathias, Kirt Lee Edly against United States Department of Education, Ed Financial Services- 523(a)(8)
EH
Docket 1
Tentative for 5/01/19:
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: September 30, 2019. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: November 15, 2019. Note: this date includes the date by which all non-discovery motions must be heard and resolved.
Pretrial conference: December 18, 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.
Plaintiff is to lodge a scheduling order within seven (7) days.
Debtor(s):
Timothy Edward Mathias Represented By Jenny L Doling
1:30 PM
Defendant(s):
United States Department of Pro Se
Edfinancial Services Pro Se
Joint Debtor(s):
Kirt Lee Edly Represented By
Jenny L Doling
Plaintiff(s):
Timothy Edward Mathias Represented By Jenny L Doling
Kirt Lee Edly Represented By
Jenny L Doling
Trustee(s):
Lynda T. Bui (TR) Pro Se
1:30 PM
Adv#: 6:19-01033 Bui v. Figueroa
STATUS CONFERENCE re: Complaint by Lynda T. Bui against Marco Figueroa. (Charge To Estate). ($350.00) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)),(91 (Declaratory judgment))
Docket 1
NONE LISTED -
Debtor(s):
Nely Avelar Represented By
Suzette Douglas
Defendant(s):
Marco Figueroa Pro Se
Plaintiff(s):
Lynda T. Bui Represented By
Brandon J Iskander
Trustee(s):
Lynda T. Bui (TR) Pro Se
11:00 AM
Hearing RE: Objection To Claim:
(Motion filed 4/5/19)
Claim No. 16 Dickey's Barbecue Restaurants, Inc. $2,090,187.62
Docket 0
NONE LISTED -
Debtor(s):
Stephen Matthew Huerth Represented By Michael Jones Sara Tidd
Joint Debtor(s):
Laura Elizabeth Huerth Represented By Michael Jones Sara Tidd
Trustee(s):
Richard A Marshack (TR) Represented By Michael Jones Leslie K Kaufman
11:00 AM
Hearing RE: First Interim Fee Application For Allowance And Payment Of Fees And Reimbursement Of Expenses For The Period From April 5, 2018 Through March 31, 2019
(Application filed 4/10/19)
[RE: FORCE TEN PARTNERS, LLC - Field Agent And Financial Advisor To Richard Marshack, Chapter 7 Trustee]
[Fees: $174,802.50; Expenses: $3,196.63]
Docket 405
Tentative for 5/1/19:
The Parties should be prepared to discuss what, if any, fees should be paid at this time.
Appearances required.
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
Matthew Grimshaw
11:00 AM
Hearing RE: First Interim Application For Allowance And Payment Of Fees And Reimbursement Of Expenses For The Period From May 1, 2018 Through March 31, 2019
(Application filed 4/10/19)
[RE: SMILEY WANG-EKVALL, LLP - Special Counsel To Chapter 7 Trustee] [For Luminance Health Group, Inc. (LHG Estate)]
[Fees: $110,797.00; Expenses: $8,776.75]
[For Luminance Recovery Center, LLC (LRC Estate)] [Fees: $11,826.00; Expenses: $1,873.99]
Docket 393
Tentative 5/01/19:
The Parties should be prepared to discuss what, if any, fees should be paid at this time.
In addition, the Court will disallow $1,631.50 in fees for the 4.20 hours of time related to preparation of Applicant's 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 Applicant has not demonstrated that the employment application was not routine, which remains a trustee duty. Id.
Appearances required.
11:00 AM
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
Matthew Grimshaw
11:00 AM
Hearing RE: First Interim Application for Allowance of Fees And Costs By Marshack Hays LLP For The Period From April 5, 2018 Through February 28, 2019
(Application filed 4/10/19)
[RE: MARSHACK HAYS LLP - Attorneys For Chapter 7 Trustee] [For Luminance Health Group, Inc. (LHG Estate)]
[Fees: $8,357.00.; Expenses: $309.84]
[For Luminance Recovery Center, LLC (LRC Estate)] [Fees: $149,998.00; Expenses: $7,624.28]
Docket 394
Tentative 5/01/19:
The Parties should be prepared to discuss what, if any, fees should be paid at this time.
In addition, the Court will disallow $829.00 in fees for the 2.5 hours of time related to preparation of Applicant's 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 Applicant has not demonstrated that the employment application was not routine, which remains a trustee duty. Id.
Appearances required.
11:00 AM
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
Matthew Grimshaw
11:00 AM
Hearing RE: Amended First Interim Application For Compensation And Reimbursement Of Expenses For The Period From September 29, 2018 Through April 4, 2019
(Application filed 4/10/19) (Amended Application filed 4/10/19)
[RE: GROBSTEIN TEEPLE, LLP - Accountants For The Chapter 7 Trustee] [For Luminance Recovery Center, LLC]
[Fees: $8,309.50; Expenses: $244.77]
Docket 396
Tentative for 5/1/19:
The Parties should be prepared to discuss what, if any, fees should be paid at this time.
Appearances required.
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
Matthew Grimshaw
11:00 AM
Hearing RE: First Interim Application For Compensation And Reimbursement Of Expenses For The Period From September 29, 2018 Through March 20, 2019
(Application filed 4/10/19)
[RE: GROBSTEIN TEEPLE, LLP - Accountants For The Chapter 7 Trustee] [RE: Luminance Health Group]
[Fees: $15,148.50; Expenses: $78.84]
Docket 398
Tentative for 5/1/19:
The Parties should be prepared to discuss what, if any, fees should be paid at this time.
Appearances required.
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
Matthew Grimshaw
11:00 AM
Hearing RE: First Interim Application For Entry Of An Order Allowing And Awarding Payment Of Fees And Reimbursement Of Expenses For The Period From April 13, 2018 Up To And Through March 29, 2019.
(Application filed 4/10/19)
[RE: REED SMITH, LLP - Special Counsel For Chapter 7 Trustee, Richard
A. Marshack]
[Fees: $175,323.00; Expenses: $1,258.56]
Docket 400
Tentative 5/01/19:
The Parties should be prepared to discuss what, if any, fees should be paid at this time.
In addition, the Court will disallow $2,483.50 in fees for the 3.80 hours of time related to preparation of Applicant's 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 Applicant has not demonstrated that the employment application was not routine, which remains a trustee duty. Id.
Appearances required.
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden
11:00 AM
Trustee(s):
Beth Gaschen
Richard A Marshack (TR) Represented By
D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen
Matthew Grimshaw
11:00 AM
Adv#: 8:18-01212 Saab et al v. Conkey
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt
(Complaint filed 12/3/18) FR: 2-27-19
Docket 1
Tentative for 5/01/19:
This matter is CONTINUED to 5/15/19 at 10:00 a.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 2/27/19 is to CONTINUE to 5/1/19 at 11:00 a.m. A status report is due 14 days in advance.
Debtor(s):
James L Conkey Represented By Laleh Ensafi
Defendant(s):
James L Conkey Pro Se
Plaintiff(s):
Camil Saab Represented By
Douglas Jaffe
11:00 AM
Helou Saab, Inc. Represented By Douglas Jaffe
Trustee(s):
Jeffrey I Golden (TR) Pro Se
11:00 AM
CONT'D Hearing RE: First Interim Application For Allowance Of Fees And Reimbursement Of Expenses For The Period From December 4, 2018 Through March 9, 2019
(Application filed 3/11/19)
[RE: CHRISTIANSEN LAW OFFICES, PC - General Bankruptcy Counsel For Debtor And Debtor-In-Possession]
[Fees: $63,945.00; Expenses: $3,401.96]
FR: 4-4-19
Docket 110
Tentative for 5/1/19 is to DENY without prejudice.
On March 11, 2019, Ms. Christiansen filed her Interim Application for Allowance of Fees and Reimbursement of Expenses [Dk. 110]. At the Court's request, set forth in detail in the below tentative for April 4, 2019, Ms.
Christiansen filed an Amended Exhibit B on April 18, 2019, [Dk. 159]. However, the Amended Exhibit B fails to address most of the issues identified in the Court's previous tentative. In particular, the Applicant's detailed billing entries continue to contain significant segments of block billing that make it impossible for the Court to evaluate the reasonableness of the fees requested.
Accordingly, the Court is inclined to DENY the Application without prejudice to permit the Applicant to file a new application for fees with billing statements revised to comply with all applicable standards.
Appearances required.
***************************************************************************** Tentative for 4/4/19:
11:00 AM
This matter is CONTINUED to May 1, 2019 at 11:00 a.m. Applicant is to submit revised billing by no later than April 18, 2019, segregated by task and time for each single billing entry. Issues that must be corrected include, but are not limited to, the following:
As a result of the manner in which Applicant recorded time, the Court is unable to determine whether the time spent was reasonable.
The description of the time entries often does not correspond with the time. The billing entries are segregated into columns, with the description block billed in the center, without corresponding time entries adjacent to the description. Below is an example. Presumably, the time in the far right column would correspond to the entries; however, in the below example, which is typical of the billing, there are 8 time entries and 6 descriptions (and Applicant cannot bill for delivery to the United States Trustee, which is an administrative task).
Example:
12/11/18 | 3:56- | .01 | Continue work on Statement of Major | 1.70 |
4:40 | Issues & Timetable; 7 day Package; | 1.50 | ||
5:30- | Communication with Client; 90 day | .20 | ||
6:58 | Budget; Finalize 7 day Package & | .20 | ||
7:19-7 | deliver copy to US Trustee; Draft | .90 | ||
:29 | Notice & Motion for Bar Date | 5.90 | ||
7:40- | .50 | |||
7:50 | 4.90 | |||
8:07- | 16.80 | |||
8:59 | ||||
10:21- | ||||
4:19 | ||||
5:37- | ||||
6:04 | ||||
6:34- | ||||
11:30 |
11:00 AM
Certain entries are vague. Without further detail, the Court is unable to ascertain the reasonableness of the time.
Example:
12/16/18 6:50-7:00 .01 Client communication .20
The application seeks time for the "insider compensation motion." However, the time is block billed on 1/3/19, so Court cannot ascertain how much time was spent on this task.
1/3/19 6:00-6:56 01 .90
Research and draft Notice of Change of Address for Chase Slate & Freedom; Draft insider compensation motion Adversary and Notice of Change of Address
Appearances are excused for the 4/04/19 hearing.
Debtor(s):
Brooks T Morgan Represented By
Catherine Christiansen
10:00 AM
CONT'D Hearing RE: Motion For Relief From The Automatic Stay To Permit Setoff And Application Of Deposit Account Funds
(Motion filed 11/29/18) (Amended Motion filed 2/7/19)
FR: 12-20-18; 1-24-19; 3-21-19
Docket 29
Tentative for 5/2/19 is to GRANT the Amended Motion pursuant to 11 U.S.C.
§§ 362(d)(1) and 553.
The Court notes that the Chapter 7 Trustee has twice stipulated with the Movant to continue the hearing on this matter to allow him to investigate the Estate's interest and consensually resolve any potential opposition. Since the Amended Motion was filed on February 7, 2019, [Dk. 95], no further stipulation or opposition by the Chapter 7 Trustee has been filed.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
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]
NuVision Federal Credit Union vs. DEBTOR (Motion filed 4/1/19)
[RE: 2007 Jeep Grand Cherokee - VIN No.: 1J8HS58327C509677]
Docket 20
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):
Thomas Joseph Lynch JR Represented By Patrick OKennedy
Trustee(s):
Karen S Naylor (TR) Pro Se
10:00 AM
Motion for relief from stay [Real Property]
MUFG Union Bank vs. DEBTOR (Motion filed 3/29/19)
[RE: 12 Oak Canyon Trail, Coto De Caza, California 92679]
Docket 12
- NONE LISTED -
Debtor(s):
Wayne E Owens Represented By Dennis Connelly
Joint Debtor(s):
Cynthia L Owens Represented By Dennis Connelly
Movant(s):
MUFG UNION BANK, N.A., FKA Represented By
Joseph C Delmotte
Trustee(s):
Karen S Naylor (TR) Pro Se
10:00 AM
Motion for relief from stay [Personal Property]
American Honda Finance Corporation vs. DEBTORS; And Jeffrey I. Golden,
Chapter 7 Trustee (Motion filed 4/2/19)
[RE: 2018 Honda Accord - VIN No.: 1HGC V1F4 7JA0 98679]
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):
Jose Sanchez Represented By
Dianna M Heck
Joint Debtor(s):
Cristina Sanchez Represented By Dianna M Heck
Trustee(s):
Jeffrey I Golden (TR) Pro Se
11:00 AM
Hearing RE: Liquidating Trustee's Motion For Entry Of Final Decree Closing Debtor's Chapter 11 Case
(Motion filed 4/4/19)
Docket 530
Tentative for 5/02/19 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
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; 10-25-18; 2-21-19
Docket 1
Tentative for 5/2/19:
Appearances required. The Court will set deadlines for the filing of a plan and disclosure statement.
******************************************************************************** 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.
11:00 AM
*************************************************************************** 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:
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
11:00 AM
Joint Debtor(s):
Martha Isabel Montoya Represented By Michael Jones
11:00 AM
CONT'D Hearing RE: First Amended Disclosure Statement Describing Chapter 11 Plan Of Reorganization
(Amended D.S. filed 12/31/18)
[Holding Date]
FR: 2-21-19
Docket 267
- 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 To Approve Compromise Pursuant To Federal Rules Of Bankruptcy Procedure 9019
(Motion filed 4/5/19)
Docket 280
Tentative for 5/02/19 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):
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#: 8:17-01046 Sun Coast Farms LLC v. Harrison et al
CONT'D PRE-TRIAL 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) (PTC set at S/C held 10/25/18)
[Third Party Complaint Dismissed on 2/27/19]
FR: 6-14-17; 12-14-17; 4-19-18; 5-3-18; 10-18-18; 10-25-18; Advanced from
6-6-19
Docket 1
Tentative for 5/02/19:
This matter is CONTINUED to July 17, 2019 at 11:00 a.m. pursuant to the request contained in the Notice of Settlement filed March 25, 2019 [Dk. 44] as a holding date pending dismissal of the action. If the case has not been dismissed by the continued hearing date, a status report is due 14 days in advance.
Appearances are excused.
************************************************************************** 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,
11:00 AM
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 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
11:00 AM
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 6, 2017 Through April 11, 2019
(Application filed 4/11/19)
[RE: DAVID M. GOODRICH - Chapter 11 Trustee] [Fees: $97,613.78; Expenses: $1,156.47]
Docket 206
Tentative for 5/02/19 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):
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
Ryan W Beall
11:00 AM
Hearing RE: First Interim Application For Allowance And Payment Of Fees And Reimbursement Of Expenses For The Period From April 10, 2018 Through April 10, 2019
(Application filed 4/11/19)
[RE: HANKIN PATENT LAW, APC - Attorneys For Chapter 11 Trustee] [Fees: $44,057.50; Expenses: $1,212.47]
Docket 208
Tentative for 5/02/19 is to APPROVE on an interim basis.
The Court notes, however, that Applicant's detailed billing entries contain several instances of block billing. While these block billing entries were minor enough that they did not prevent the Court from evaluating the fees in this instance, Applicant is cautioned to avoid any block billing in future applications or risk denial of fees.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court 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
11:00 AM
Trustee(s):
David M Goodrich (TR) Represented By Jeffrey I Golden Beth Gaschen Ryan W Beall
11:00 AM
Hearing RE: Second Interim Application For Allowance And Payment Of Fees And Reimbursement Of Expenses For The Period From September 27, 2018 Through April 9, 2019
(Application filed 4/11/19)
[RE: WEILAND GOLDEN GOODRICH LLP - Attorneys For The Chapter 11 Trustee]
[Fees: $17,735.00; Expenses: $110.95]
Docket 211
Tentative for 5/02/19 is to APPROVE on an interim basis.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court 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
11:00 AM
Jeffrey I Golden Beth Gaschen Ryan W Beall
11:00 AM
Hearing RE: Confirmation Of First Amended Joint Chapter 11 Plan Of Liquidation Of WJA Real Estate Opportunity Fund II, LLC And CA Real Estate Opportunity Fund II, LLC
(D/S approved on 2/7/19) FR: 1-24-19
Docket 772
Tentative for 5/02/19 is to CONFIRM the proposed Joint Chapter 11 Plan Of Liquidation Of WJA Real Estate Opportunity Fund II, LLC And CA Real Estate Opportunity Fund II, LLC.
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: Application For Payment Of Interim Fees And/Or Expenses For The Period From October 15, 2018 Through March 31, 2019
(Application filed 4/10/19)
[RE: DIAMOND MCCARTHY, LLP - Attorney For Debtor] [Fees: $26,869.50; Expenses: $862.18]
Docket 850
Tentative for 5/02/19 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):
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: Fifth Interim Application For Order Approving Fees For The Period From November 29, 2018 Through April 10, 2019
(Application filed 4/11/19)
[RE: MENCHACA & COMPANY - Accountant For Debtors And Debtors-In- Possession]
[Fees: $16,128.00; Expenses: $0.00]
Docket 857
Tentative for 5/02/19 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):
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
11:00 AM
Kathy Bazoian Phelps Timothy W Evanston
11:00 AM
Hearing RE: Third Interim Fee Application For Approval Of Fees And Reimbursement Of Expenses For The Period From August 1, 2018 Through March 31, 2019
(Application filed 4/11/19)
[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: $39,965.00; Expenses: $234.61]
Docket 856
Tentative for 5/02/19 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):
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
Steven T Gubner Corey R Weber Michael W Davis Kathy Bazoian Phelps Timothy W Evanston
11:00 AM
Hearing RE: Fifth Interim Application For Allowance And Payment Of Fees And Reimbursement Of Expenses For The Period From November 28, 2018 Through April 7, 2019
(Application filed 4/11/19)
[RE: SMILEY WANG-EKVALL, LLP - Attorneys For Debtor And Debtor-In- Possession]
[Fees: $268,862.00; Expenses: $10,529.87]
Docket 854
Tentative for 5/02/19 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):
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
11:00 AM
Michael W Davis Kathy Bazoian Phelps Timothy W Evanston
11:00 AM
CONT'D Hearing RE: Motion For Order To Reinstate Wilco Life Insurance Company (Formerly Conseco Life Insurance Company) Policy Pursuant to Debtors' Confirmed Chapter 11 Plan
(Motion filed 12/28/18) FR: 2-7-19; 3-21-19
Docket 198
- 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
Adv#: 8:19-01002 Morgan v. Lopez et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Preliminary And Permanent Injunction Barring Creditors From Taking Action Against State Court Codefendants Pursuant To 11 U.S.C. Section 105; And
To Avoid Transfer Of An Interest In Real Property;
Verification Of Brooks T Morgan (Complaint filed 1/3/19)
FR: 3-21-19
Docket 1
- NONE LISTED -
Debtor(s):
Brooks T Morgan Represented By
Catherine Christiansen
Defendant(s):
Joanna N Lopez Pro Se
Maria Arellano Pro Se
Plaintiff(s):
Brooks T Morgan Represented By
Catherine Christiansen
11:00 AM
STATUS CONFERENCE Hearing RE: (1) Case Management Conference And
Requiring Status Report (Petition filed 12/4/18)
(Case Converted on 3/14/19)
Docket 1
Tentative for 5/02/19 is to set the following dates/deadlines:
Deadline for filing a plan and disclosure statement: May 30, 2019. Note: the failure to timely file a plan and disclosure statement may result in the conversion or dismissal of the case.
Deadline for filing Objections to Claim: July 15, 2019
Continued status conference: August 15, 2019 at 11:00 a.m. A status report is due 14 days in advance.
Appearances required.
Debtor(s):
Wallace Raymond Steffen Jr Represented By Anerio V Altman
11:00 AM
Motion for relief from stay [Action In Non-Bankruptcy Forum]
Linda Steffen vs. DEBTOR (Motion filed 4/10/19) (Amended Motion filed 4/12/19)
[RE: Case Name: Linda Steffen vs. Wallace R. Steffen Jr. et al.] [Case Number: 2015PC0056]
[Pending In: Court of Common Pleas, Probate Division, Lorain County, Ohio]
Docket 55
Tentative for 5/2/19 is to GRANT relief from stay under §362(d)(1) but DENY the request for waiver of the 14-day stay under FRBP 4001(a)(3).
Debtor(s):
Wallace Raymond Steffen Jr Represented By Anerio V Altman
10:00 AM
Edward G. Schloss Law Corporation - movant attorney Motion for Relief from Stay
Bayview Loan Servicing, LLC vs. DEBTOR (Motion filed 4/18/19)
RE: 20750 El Nido Avenue, Area of Perris, CA 92571 EH
Docket 20
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 submitted evidence that the filing was a part of a scheme to delay or hinder and multiple filings have occurred.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party 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):
Ramiro Camargo Pro Se
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
Sheppard, Mullin, Richter & Hampton LLP - movant attorney Motion for Relief from Stay
San Diego County Credit Union vs. DEBTORS (Motion filed 4/15/19)
Re: 2014 Dodge Durango EH
Docket 13
Grant pursuant to 11 U.S.C. §362(d)(1) and §362(d)(2) with 4001(a)(3) waiver. The request for extraordinary relief in paragraph ¶12 is denied as Movant has not submitted evidence 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):
Raymond James Trejo Represented By Norma Duenas
Joint Debtor(s):
Kristen Ann Trejo Represented By Norma Duenas
10:00 AM
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
The Law Offices of Jason C. Tatman, A.P.C. - movant attorney Motion for Relief from Stay
VW Credit, Inc. vs. DEBTOR (Motion filed 4/14/19)
Re: 2015 Volkswagen Passat EH
Docket 13
- NONE LISTED -
Debtor(s):
Doris Reusch Represented By
Christopher Hewitt
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
Prnovost, Normandin, Bergh & Dawe - movant attorney Motion for Relief from Stay
Wescom Credit Union vs. DEBTORS (Motion filed 4/16/19)
RE: 2015 Cadillac ATS 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):
Santos Morales Jr. Represented By
Ethan Kiwhan Chin
Joint Debtor(s):
Yaritsa Yosselin Morales Represented By
Ethan Kiwhan Chin
10:00 AM
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
Tiffany & Bosco - movant attorney Motion for Relief from Stay
Bank of America, N.A. vs. Debtor (Amd Motion filed (4/22/19)
RE: N 2016 JAYCO 16XRB; VIN NO. 1UJBJHAH9G1JP0175
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):
Judy K Sack Represented By
Paul Y Lee
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
Gordon Rees Scully Mansukhani LLP - movant attorney Motion for Relief from Stay
HOSOPO Corporation vs. DEBTOR (Motion filed 3/28/19)
(Cont. from 4/30/19)
Re: ACTION IN NON-BANKRUPTCY FORUM
EH
Docket 10
- NONE LISTED -
Debtor(s):
Flowmedia Solutions Represented By
Robert B Rosenstein
Movant(s):
dba Horizon Solar Power HOSOPO Represented By
Shelby A Poteet
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 5/14/19:
The Court requires clarification regarding the amount of the receipts received by the estate.
The Final Report indicates receipts of $7,962.94, with a payment to Debtor of
$362.05. However, the declaration in support indicates "Debtor was to receive a settlement of approximately $15,000.00." Debtors' amended Schedules filed 3/29/18 [Dk. 37] reference a settlement for unpaid wages of $15,708.24 in which Debtors asserted an exemption of $8,325.00.
Further, the Court notes that special counsel was employed in this case pursuant to an order entered 1/24/14 [Dk. 33]. The application to employ special counsel, filed 1/03/14 [Dk. 29] provides at ¶3: "The Trustee proposes to employ Kaster with a compensation to be paid on a contingency fee equal to thirty-three and one-third percent (33 1/3%) of any recovery plus reimbursement of costs. Because this is a class and collective action, any settlement will likely be subject to court approval and may be less than thirty- three and one-third percent (33 1/3%) of total recovery. Kaster seeks compensation pursuant to 11 U.S.C. Section 328)."
Was a settlement obtained? Was Court approval required? Was it obtained? Did it come into the estate? Was special counsel paid? And if so, under what authority?
Appearances required.
11:00 AM
Debtor(s):
Kristi Lyn Suarez Represented By Stewart H Lim
Joint Debtor(s):
George Suarez Represented By Stewart H Lim
Trustee(s):
Christopher R Barclay (TR) Pro Se
John P Pringle (TR) Represented By Matthew C Helland
11:00 AM
Hrg. on chapter 7 trustee's motion filed 4/19/19 for Order Approving Sale of the Estate's Right, Title And Interest In Real Property As Is, Where Is, Without Representations Or Warranties Free and Clear of Liens and Interests by Auction and Distribution of Sale Proceeds and Payment of Real Estate Commissions
EH
Docket 36
Tentative for 5/14/19:
Appearances required.
Debtor(s):
Claudia E. Garcia Represented By Frank X Ruggier
Trustee(s):
Karl T Anderson (TR) Represented By Hydee J Riggs
11:00 AM
Hrg. on chapter 7 trustee's Motion filed 3/2/19 to compel Debtor To Turnover (1) Federal and State Tax Refund Money and (2) Copies of Federal and State Tax Return
EH
Docket 17
Tentative for 5/14/19 is to GRANT as set forth below:
Upon consideration of the Declaration filed 4/28/19 [Dk. 23], it appears that the only outstanding request is for an order compelling Debtor to turn over the 2018 federal tax refund.
There is no dispute that Debtor is required to turnover property under § 542 and § 521(a)(3). "By its express terms, section 542(a) is self-executing, and does not require that the trustee take any action or commence a proceeding or obtain a court order to compel the turnover." See Gottlieb v. Bossio & Associates A Prof'l Law Corp. (In re Labib), 2013 Bankr. Lexis 4661 (Bankr.
C.D. Cal. 2013); (citing Mwangi v. Wells Fargo Bank, N.A. (In re Mwangi), 432 B.R. 812, 823 (B.A.P. 9th Cir. 2010)).
The Court notes that turnover of the items sought in the motion was not requested until after the Court issued its order requiring clarification and supplemental evidence. The Court further notes that upon receipt of the Trustee's request, Debtor largely complied.
While Trustee is not technically required to request turnover from a debtor prior to filing a motion, the statute is self-effectuating. A court order is not required. The filing of such motions, without first attempting to accomplish turnover without the Court's intervention, does not comport with the concept of judicial economy and is contrary to the spirit of the statute itself - which is why it is self-effectuating.
11:00 AM
The Court will grant the motion, as modified, in light of Trustee's representation that Debtor consents to the modified relief requested.
The Court requests, however, that Trustee keep the above principles in mind for future filings, but in no way intends to chill Trustee.
Trustee is to lodge an order consistent with this tentative within seven (7) days.
Appearances are excused.
Debtor(s):
Erika Abrego Castro Represented By Edgar P Lombera
Trustee(s):
Charles W Daff (TR) Pro Se
11:00 AM
Hrg. on chapter 7 trustee's Motion filed 3/2/19 to compel Debtor To Turnover (1) Federal and State Tax Refund Money and (2) Copies of Federal and State Tax Return
EH
Docket 34
Tentative for 5/14/19:
This matter is deemed withdrawn pursuant to the request contained in the Supplemental Declaration filed 4/25/19 [Dk. 44].
No appearance is required.
Debtor(s):
Luis Manuel Jimenez Represented By Brian J Soo-Hoo
Trustee(s):
Charles W Daff (TR) Represented By Brandon J Iskander Lynda T Bui
11:00 AM
Hrg. on chapter 7 trustee's Motion filed 1/30/19 for Order Compelling Turnover of Estate Property and Documents
(Cont. from 4/2/19) EH
Docket 39
NONE LISTED -
Debtor(s):
Oscar Sanchez Pro Se
Trustee(s):
John P Pringle (TR) Represented By Toan B Chung
11:00 AM
Hrg. on chapter 7 trustee's Motion filed 3/2/19 to compel Debtor To Turnover (1) Federal and State Tax Refund Money and (2) Copies of Federal and State Tax Return
EH
Docket 13
Tentative for 5/14/19:
Upon consideration of the Declaration filed 4/25/19 [Dk. 21], it appears that the only outstanding request is for an order compelling Debtor to turn over the 2018 federal tax refund.
There is no dispute that Debtor is required to turnover property under § 542 and § 521(a)(3). "By its express terms, section 542(a) is self-executing, and does not require that the trustee take any action or commence a proceeding or obtain a court order to compel the turnover." See Gottlieb v. Bossio & Associates A Prof'l Law Corp. (In re Labib), 2013 Bankr. Lexis 4661 (Bankr.
C.D. Cal. 2013) (citing Mwangi v. Wells Fargo Bank, N.A. (In re Mwangi), 432 B.R. 812, 823 (B.A.P. 9th Cir. 2010)).
The Court notes that turnover of the items sought in the motion was not requested until after the Court issued its order requiring clarification and supplemental evidence. The Court further notes that upon receipt of the Trustee's request, Debtor largely complied.
While Trustee is not technically required to request turnover from a debtor prior to filing a motion, the statute is self-effectuating. A court order is not required. The filing of such motions, without first attempting to accomplish turnover without the Court's intervention, does not comport with the concept of judicial economy and is contrary to the spirit of the statute itself - which is why it is self-effectuating.
11:00 AM
The Court will grant the motion, as modified, in this instance.
The Court requests, however, that Trustee keep the above principles in mind for future filings, but in no way intends to chill Trustee.
Trustee is to lodge an order consistent with this tentative within seven (7) days.
Appearances are excused.
Debtor(s):
Armida Salas Represented By
Jennifer Ann Aragon - SUSPENDED -
Trustee(s):
Charles W Daff (TR) Pro Se
11:00 AM
Hrg. on chapter 7 trustee's Motion filed 3/2/19 to compel Debtor To Turnover (1) Federal and State Tax Refund Money and (2) Copies of Federal and State Tax Return
EH
Docket 12
Tentative for 5/14/19:
This matter is DENIED as moot.
Trustee is to lodge an order within seven (7) days. No appearances are required.
Debtor(s):
Erick Govanny Parra Represented By Robert L Firth
Trustee(s):
Charles W Daff (TR) Pro Se
11:00 AM
Hrg. on U.S. Trustee's Motion For Order Compelling Attorney To File Disclosure Of Compensation Pursuant To 11 U.S.C. § 329 And Federal Rule Of Bankruptcy Procedure 2016
(Cont. from 4/16/19) EH
Docket 19
NONE LISTED -
Debtor(s):
Gorilla Islands, LLC Represented By Bruce A Boice
Movant(s):
United States Trustee (RS) Represented By
Abram Feuerstein esq
Trustee(s):
Howard B Grobstein (TR) Represented By Christopher K.S. Wong M Douglas Flahaut Aram Ordubegian
11:00 AM
Hrg. on Debtor's Motion to vacate dismissal EH
Docket 19
Tentative for 5/14/19:
Appearance required.
Debtor(s):
Sonia Esther Pauling Pro Se
Trustee(s):
Charles W Daff (TR) Pro Se
11:00 AM
Hrg. on U..S. Trustee's Motion filed 4/12/19 For Order Compelling Attorney To File Disclosure Of Compensation Pursuant To 11 U.S.C. § 329 And Federal Rule Of Bankruptcy Procedure 2016
EH
Docket 11
Tentative for 5/14/19 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):
JOSE BARREDA Represented By Khushwant Sean Singh
Trustee(s):
Steven M Speier (TR) Pro Se
11:00 AM
Hrg. on U.S. Trustee's Motion For Order Compelling Attorney To File Disclosure Of Compensation Pursuant To 11 U.S.C. § 329 And Federal Rule Of Bankruptcy Procedure 2016
EH
Docket 10
NONE LISTED -
Debtor(s):
Katherine Vu Represented By
Randy Chang
Trustee(s):
Karl T Anderson (TR) Pro Se
1:30 PM
Hrg. on Second Interim Application filed 4/19/19 for Approval of Fees and Reimbursement of Expenses by the Turoci Firm , Period: 5/26/2018 to 4/19/2019, Fee: $30,230.00, Expenses: $761.79.
EH
Docket 137
Tentative for 5/14/19 is to APPROVE on an interim basis.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Caroline C Mendoza Represented By Todd L Turoci
1:30 PM
Hrg. on Debtor's Motion for order (1) Approving sale of real property; (2) Approving payment of real estate commission and other related costs
EH
Docket 137
NONE LISTED -
Debtor(s):
Big Bear Bowling Barn, Inc. Represented By Julie J Villalobos
1:30 PM
Hrg. on Use of Cash Collateral EH
(Cont. from 2/5/19)
Docket 29
Tentative for 5/14/19:
The Court notes that a stipulation regarding continued use of cash collateral was filed on May 7, 2019 [Dk. 147] ("Stipulation"). The Stipulation referenced a budget attached as Exhibit "1," but no such exhibit was attached to either the Stipulation or the uploaded order. Debtor subsequently lodged an order including a budget as Exhibit 1 [See Notice of Lodgment filed May 10, 2019, Dk. 151] ("NOL"); however, no amended stipulation was filed to demonstrate that this is the exhibit approved by the creditors who originally signed the Stipulation.
If no party appears at the hearing and objects to the Stipulation and NOL, the Court is inclined to APPROVE the Stipulation, with the attached budget, and CONTINUE the hearing to July 16, 2019 at 1:30 p.m. to coincide with the plan confirmation hearing.
This matter appears to be uncontested. Accordingly, no court appearance by Debtor or Creditors is required. Should any party appear and oppose the Stipulation and attached budget, the Court will determine whether further hearing is required and the Parties will be so notified.
**************************************************************************** Tentative for 2/5/19:
1:30 PM
The previous order approving the use of cash collateral entered 8/30/18 [Dk. 88] authorized use through 1/31/19. As of the posting of this tentative, no further stipulation or motion regarding cash collateral has been filed.
Appearances required.
*************************************************************************** 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.
Debtor(s):
Big Bear Bowling Barn, Inc. Represented By Julie J Villalobos
1:30 PM
Hrg. on Debtor's Motion filed 8/8/18 to Use Cash Collateral (Cont. from 4/2/19)
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 Application filed 3/26/19 for Compensation and Reimbursement of Expenses of Illyssa I. Fogel & Associates, Former General Bankruptcy Counsel to the Debtor. for Illyssa I Fogel - Period: 8/6/2018 to 11/19/2018, Fee:
$104,190.00, Expenses: $356.00 (Cont. from 4/30/19)
EH
Docket 194
Tentative for 5/14/19:
The Court has reviewed the Stipulation filed between Applicant, Debtor and Debtor's current counsel filed 5/7/19 [Dk. 246] and is appreciative of the parties' efforts to consensually resolve their disputes. The Court has fully reviewed all applicable pleadings, including the revised partial billing submitted by Applicant on 5/7/19 [Dk. 249].
The Court 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). Pursuant to 11 U.S.C. § 330, the court may award reasonable compensation to a professional person employed under 11 U.S.C. § 327, for actual and necessary services rendered. See 11 U.S.C. § 330(a)(1)(A). In determining the reasonableness of compensation the court can consider a variety of factors including, whether the services were necessary to the administration of or the completion of a case, whether they were performed within a reasonable amount of time commensurate with the complexity, importance, and nature of the issue, and whether the compensation is reasonable based on the customary compensation charged. See 11 U.S.C. §§ 330(a)(3)(C), (D) and (F).
The Court cannot fully evaluate the reasonableness of Applicant's fees,
1:30 PM
including the reduction offered by Applicant in her Reply to the United States Trustee's Objection of $1,554.00 relating to clerical tasks and the $10,111.50 agreed upon with Debtor without submission of fully revised, and segregated by task, billing entries.
The Court notes that this case was an emergency filing (on 8/6/18), with the remainder of the case initiation documents filed 9/3/18 (apparently without an order approving the extension of time). The Court also notes that Applicant apparently drew down $23,762 pre-petition and then proceeded to incur an additional approximate $16,000 for first day motions, $23,000 for the completion of the SOFA and Schedules, and over $1,200 for the preparation of a declaration of non-opposition and order approving Applicant's employment, both of which were extremely short and formulaic. The Court would like clarification as to what the $23,762 drawn down was incurred for and whether Applicant, herself, as opposed to a paralegal, was the party actually engaged in the gathering and data input regarding the preparation of the case initiation documents. If so, those tasks must be independently billed. The Court would also like clarification as to the billing pertaining to the employment application.
The Court is inclined to CONTINUE this matter to June 11, 2019 at 1:30 p.m. for the purposes of allowing Applicant to submit revised billing. The revised billing must be submitted by no later than May 28, 2019.
Appearances required in Santa Ana. Debtor's principal should also appear in person in Santa Ana.
Debtor(s):
Lovejoy's Family Moving., Inc., dba Represented By
Bradford G Hughes Peter W Lianides Alastair M Gesmundo Robert E Opera
1:30 PM
Hrg. on Application filed 3/26/19 for Compensation First Interim Application Of Winthrop Couchot Golubow Hollander, LLP, General Insolvency Counsel For The Debtor, Period: 11/19/2018 to 2/28/2019, Fee: $235,755.50, Expenses:
$5671.58
(Cont. from 4/30;/19) EH
Docket 191
Tentative for 5/14/19:
The Court has received and reviewed the Stipulation between the UST and the Applicant filed on 5/8/19 [Dk. 254] and the Supplement filed by Applicant on 5/8/19 [Dk. 253] and is appreciative of the parties' efforts to consensually resolve their disputes.
The Court 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). Pursuant to 11 U.S.C. § 330, the court may award reasonable compensation to a professional person employed under 11 U.S.C. § 327, for actual and necessary services rendered. See 11 U.S.C. § 330(a)(1)(A). In determining the reasonableness of compensation the court can consider a variety of factors including, whether the services were necessary to the administration of or the completion of a case, whether they were performed within a reasonable amount of time commensurate with the complexity, importance, and nature of the issue, and whether the compensation is reasonable based on the customary compensation charged. See 11 U.S.C. §§ 330(a)(3)(C), (D) and (F).
Notwithstanding the agreements entered between the Applicant and the opposing parties, the Court has concerns, including the reasonableness of
1:30 PM
the fees requested and vagueness in billing entries, which it will address at the hearing.
Appearances required in Santa Ana. Debtor's principal should also appear in person in Santa Ana.
Debtor(s):
Lovejoy's Family Moving., Inc., dba Represented By
Bradford G Hughes Peter W Lianides Alastair M Gesmundo Robert E Opera
1:30 PM
Hrg. on Debtor's Motion filed 5/8/19 for Authority to Obtain Credit Under Section 364(b), Rule 4001(c) or (d) Debtors Motion For Order Authorizing Bridge Loan Pursuant To 11 U.S.C. § 364(c)(2) In Furtherance Of Confirmation Of Debtors Plan
EH
Docket 250
Tentative for 5/14/19:
Appearances are required in Santa Ana. Debtor's principal should also appear in person in Santa Ana.
Debtor(s):
Lovejoy's Family Moving., Inc., dba Represented By
Bradford G Hughes Peter W Lianides Alastair M Gesmundo Robert E Opera
1:30 PM
Post-Evidentiary 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
NONE LISTED -
Debtor(s):
Investment Group, LLC Represented By Todd L Turoci
1:30 PM
Hrg. on Superior Court Receiver motion filed 3/27/19 for Approval of Accounting and Payment of Pre-petition fees and expenses of receiver
EH
Docket 158
Tenative for 5/14/19 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):
Air Force Village West Inc Represented By Samuel R Maizel Tania M Moyron
1:30 PM
Hrg. on Chapter 11 Status Conference (Cont. from 4/30/19)
Docket 1
NONE LISTED -
Debtor(s):
Air Force Village West, Inc. d/b/a Represented By
Samuel R Maizel
1:30 PM
Hrg. on Debtor's Motion filed 3/19/19 for the Entry of (I) an Order (1) Approving Bidding Procedures, Auction Sale Format, and Stalking Horse Bid Protections;
(2) Approving Notice Procedures to Interested Parties; (3) Scheduling Court Hearings to Consider Approval of the Bidding Procedures and the Sale to the Highest Bidder; and (4) Approving Procedures Related to the Assumption of Certain Executory Contracts and Unexpired Leases; and (II) an Order Authorizing the Sale of Property Free and Clear of All Claims, Liens and Encumbrances
(Cont from 4/18/19) EH
Docket 109
- NONE LISTED -
Debtor(s):
Air Force Village West Inc Represented By Samuel R Maizel Tania M Moyron
2:00 PM
Hrg. on Debtor's Motion filed 5/7/19 for Order for Authority to Enter into Critical Vendor Agreements with: (1) SLS Freight, LLC; (2) Double Chain, Inc.; and (3)
Ke Xin, Inc., dba Wakool Transport (OST signed 5/8/19)
EH
Docket 13
- NONE LISTED -
Debtor(s):
SIF Services, LLC Represented By Steven R Fox
2:00 PM
Hrg. on Debtor's Motion filed 5/7/19 to Authorize Debtor to Pay Prepetition Priority Employee Wages and Related Wage Claims
(OST signed 5/8/19) EH
Docket 11
- NONE LISTED -
Debtor(s):
SIF Services, LLC Represented By Steven R Fox
2:00 PM
Hrg. on Debtor's Motion filed 5/7/19 for Order Determining Adequate Assurance of Payment for Post-Petition Utility Services
EH
(OST signed on 5/8/19)
Docket 12
- NONE LISTED -
Debtor(s):
SIF Services, LLC Represented By Steven R Fox
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 1/9/18) EH
[Tele. appr., Robert P. Goe, repr., Pradeep Singh]
Docket 1
Tentative for 5/15/19:
While the Bankruptcy Appellate Panel affirmed the judgment denying Debtor's discharge in favor of the United States Trustee on April 22, 2019, that ruling is not yet final. Accordingly, this matter is CONTINUED to September 4, 2019 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
Pradeep Singh Represented By
M Wayne Tucker
Defendant(s):
Pradeep Singh Pro Se
Joint Debtor(s):
Rindi P Singh Represented By
1:30 PM
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
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 1/9/19) 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
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)))
(Cont. from 1/9/18) 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
1:30 PM
Adv#: 6:19-01044 Simons (TR) v. County Of San Bernardino et al
STATUS CONFERENCE re: Complaint by Larry D Simons (TR) against County Of San Bernardino, City of Hesperia - Declaratory judgment, validity, priority or extent of lien or other interest in property
EH
Docket 1
Tentative for 5/15/19:
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: August 30, 2019. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: October 16, 2019. Note: this is the date by which all non- discovery motions must be heard and resolved.
Pretrial conference: November 6, 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 monetary and non- monetary sanctions, including the striking of the answer and dismissal of the complaint.
Plaintiff is to lodge a scheduling order within seven (7) days.
Debtor(s):
Halo Sports Bar and Grill, Inc. Represented By Stephen R Wade
1:30 PM
W. Derek May
Defendant(s):
County Of San Bernardino Pro Se
City of Hesperia Pro Se
Plaintiff(s):
Larry D Simons (TR) Pro Se
Trustee(s):
Larry D Simons (TR) Represented By Alan I Nahmias Scott H Noskin
Stephen F Biegenzahn
1:30 PM
Adv#: 6:18-01230 Whitmore v. Scott et al
Hrg. on Plaintiff's Motion filed 4/15/19 for Default Judgment as to Darbie Vandre Scott
EH
Docket 23
Tentative for 5/15/19 is to CONTINUE to June 12, 2019 at 1:30 p.m. to allow Trustee to file additional evidence regarding service of the Complaint and the Motion for Default Judgment.
Defendant was served with both at 407 Railroad Avenue, Souris, ND 58783-8510 ("North Dakota Address"). The Declaration of Christopher M.
Kiernan includes the results from the Westlaw search that resulted in the North Dakota Address. However, this is insufficient evidence to establish that the North Dakota Address was the correct and current address at which to serve the Defendant on February 13, 2019, when Another Summons was served [Dk.12], or that it remains the correct address at which to serve the Defendant with the Motion for Default Judgment.
Supplemental evidence regarding the sufficiency of service must be filed by May 29, 2019.
Appearances are excused.
Debtor(s):
Caroll Ann Vandre Represented By Gene P Killian
1:30 PM
Defendant(s):
Darbie Vandre Scott Pro Se
Caroll Ann Vandre Pro Se
Gene P Killian Pro Se
Plaintiff(s):
Robert S. Whitmore Represented By Douglas A Plazak
Trustee(s):
Robert Whitmore (TR) Represented By Douglas A Plazak
1:30 PM
Adv#: 6:18-01217 Liao v. Zhuang
Hrg. on Plaintiff's Partial Motion filed 4/2/19 For Summary Judgment
EH
Docket 26
Tentative for 5/15/19:
Appearances required in person in Santa Ana.
Debtor(s):
Judy Zhuang Represented By
Todd L Turoci
Defendant(s):
Judy Zhuang Pro Se
Plaintiff(s):
Chih Ling Liao Represented By Sam X J Wu
Trustee(s):
Todd A. Frealy (TR) Pro Se
1:30 PM
Adv#: 6:18-01201 Turoci v. Mulvania
Hrg. on Defendant's Motion filed 4/25/19 For Sanctions under Bankruptcy Rule 9011(c) against Todd L. Turoci and Counsel
EH
Docket 16
Tentative for 5/14/19:
The Court has determined that this matter is appropriate for disposition without a hearing and will not hear oral argument. An order will be issued shortly.
No appearances will be permitted.
Debtor(s):
Christopher John Mulvania Represented By
Bryant C MacDonald
Defendant(s):
Christopher John Mulvania Represented By Donald Reid Charity J Manee
Plaintiff(s):
Todd Turoci Represented By
Todd L Turoci
1:30 PM
Trustee(s):
Larry D Simons (TR) Represented By Lynda T Bui Brandon J Iskander
1:30 PM
Adv#: 6:18-01201 Turoci v. Mulvania
Hrg. on Plaintiff's Motion filed 4/26/19 for (1) Leave to Amend Complaint and (2) Modification of Scheduling Order
Docket 23
Tentative for 5/14/19:
The Court has determined that this matter is appropriate for disposition without a hearing and will not hear oral argument. An order will be issued shortly.
No appearances will be permitted.
Debtor(s):
Christopher John Mulvania Represented By
Bryant C MacDonald
Defendant(s):
Christopher John Mulvania Represented By Donald Reid Charity J Manee
Plaintiff(s):
Todd Turoci Represented By
Todd L Turoci
Trustee(s):
Larry D Simons (TR) Represented By Lynda T Bui
1:30 PM
Brandon J Iskander
1:30 PM
Adv#: 6:19-01045 Daff, Chapter 7 Trustee v. Jimenez
STATUS CONFERENCE re: Complaint by Charles W. Daff, Chapter 7 Trustee against Rocio Jimenez - 542 turnover of property
EH
Docket 1
- NONE LISTED -
Debtor(s):
Luis Manuel Jimenez Represented By Brian J Soo-Hoo
Defendant(s):
Rocio Jimenez Pro Se
Plaintiff(s):
Charles W. Daff, Chapter 7 Trustee Represented By
Brandon J Iskander
Trustee(s):
Charles W Daff (TR) Represented By Brandon J Iskander Lynda T Bui
1:30 PM
Adv#: 6:19-01043 Whitmore v. Brito et al
STATUS CONFERENCE re: Complaint by Robert S. Whitmore against Anhely Brito, Edwin Brito Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer))
EH
Docket 1
- NONE LISTED -
Debtor(s):
Esteban Brito Gallegos Represented By Priscilla C Solario
Defendant(s):
Anhely Brito Pro Se
Edwin Brito Pro Se
Plaintiff(s):
Robert S. Whitmore Represented By Julie Philippi
Trustee(s):
Robert Whitmore (TR) Represented By Julie Philippi
1:30 PM
Adv#: 6:19-01041 Barnes et al v. Araiza, Jr.
STATUS CONFERENCE re: Complaint by Jeffrey Barnes, and Shirley Barnes against, Hector M Araiza Jr. - 523(a)(2), 523(a)(4), 523(a)(6)
EH
[Tele. appr., Christopher D. Hughes, repr., Jeffrey and Shirley Barnes]
Docket 1
Tentative for 5/15/19:
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: July 31, 2019. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: September 15, 2019. Note: this is the date by which all non- discovery motions must be heard and resolved.
Pretrial conference: November 20, 2019, 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 monetary and non- monetary sanctions, including the striking of the answer and dismissal of the complaint.
Plaintiff is to lodge a scheduling order within seven (7) days.
Debtor(s):
Hector M Araiza Jr. Represented By
1:30 PM
W. Derek May
Defendant(s):
Hector M Araiza Jr. Pro Se
Plaintiff(s):
Jeffrey Barnes Represented By Christopher D Hughes
Jeffrey Barnes Represented By Christopher D Hughes
Trustee(s):
Karl T Anderson (TR) Pro Se
1:30 PM
Adv#: 6:18-01199 Gould v. Mulvania
Hrg. on Defendant's Motion filed 4/15/19 to Reopen Discovery and continue Pretrial deadlines
EH
Docket 16
- NONE LISTED -
Debtor(s):
Christopher John Mulvania Represented By
Bryant C MacDonald
Defendant(s):
Christopher John Mulvania Represented By Donald Reid Charity J Manee
Plaintiff(s):
Scott C. Gould Represented By Jeffrey J Hagen
Trustee(s):
Larry D Simons (TR) Represented By Lynda T Bui Brandon J Iskander
2:00 PM
Final Hrg. Authorizing the Debtor's Use Of Cash Collateral EH
[Tele. appr., Robert M. Aronson, repr., Innova Sleep Systems]
[Tele. appr., Chad V. Haes, repr., Tempur-Pedic North America, LLC & Sealey Mattress, LLC]
Docket 11
Tentative for 5/15/19:
None listed.
************************************************************************* Tentative for 4/24/19:
Appearances are required. Appearances by all counsel are preferred, but not required, in Santa Ana.
In addition, the primary inside and/or outside accountant/bookkeeper should appear in person in Santa Ana, and be prepared to testify under oath regarding Debtor's finances.
Debtor(s):
Banner Mattress, Inc. Represented By Daniel J Weintraub
2:00 PM
Final Hrg. on Emergency Motion Of Debtor And Debtor In Possession For An Order Limiting Scope Of Notice
EH
[Tele. appr., Robert M. Aronson, repr., Innova Sleep Systems]
[Tele. appr., Chad V. Haes, repr., Tempur-Pedic North America, LLC & Sealey Mattress, LLC]
Docket 10
Tentative for 5/15/19:
None listed.
**************************************************************************** Tentative for 4/24/19:
Appearances are required. Appearances by all counsel are preferred, but not required, in Santa Ana.
In addition, the primary inside and/or outside accountant/bookkeeper for the Debtor should appear in person in Santa Ana, and be prepared to testify under oath regarding Debtor's finances.
Debtor(s):
Banner Mattress, Inc. Represented By Daniel J Weintraub
2:00 PM
10:00 AM
Adv#: 8:18-01006 Richard A. Marshack, Chapter 7 Trustee, v. Larson et al
CONT'D STATUS CONFERENCE Hearing RE: Status Of Appeal 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
[STATUS CONFERENCE AS TO PETER KOTE, BANK OF AMERICA; DANIEL KEITH LARSON, AND ERIN ELLEN LARSON]
(Complaint filed 1/9/18) (PTC set at S/C held 3/8/18) (S/C set per Order Entered 10-9-18)
[Holding Date]
FR: Advanced from 4-18-18; 9-19-18; 12-5-18; 2-20-19; 2-27-19; 3-20-19
[Tele. appr., Misty A. Isaacson, repr., Richard A. Marshack, Trustee]
Docket 1
Tentative for 5/15/19:
This matter is CONTINUED to August 14, 2019, at 10:00 a.m., as a holding date to allow resolution of any issues related to the appeal of the Order Approving Settlement between Trustee and Peter Kote.
If all appeals have not been completed and the case has not been dismissed, a status report is due 14 days in advance.
Appearances are excused.
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#: 8:18-01064 Marshack v. Castanon et al
CONT'D STATUS CONFERENCE Hearing RE: First Amended Complaint:
To Recover Unlawful Dividends;
To Avoid And Recover Fraudulent Transfers Under 11 U.S.C. Sections 544(b) And 550 And California Civil Code Section 3439.04(a)(1);
To Avoid And Recover Pre-Petition Transfers Under 11 U.S.C. Sections 544(b) And 550 And California Civil Code Section 3439.04(a)(2);
To Avoid Pre-Petition Transfers Pursuant To 11 U.S.C. Sections 544(b) And California Civil Code Section 3439.05;
To Avoid Pre-Petition Transfers Pursuant To 11 U.S.C. Section 548(a)(1)(B)
To Avoid Pre-Petition Transfer Pursuant To 11 U.S.C. Section 549(a) (First Amended Complaint filed 1/3/19)
(Another Summons issued 2/15/19) FR: 4-3-19
Docket 0
Tentative for 5/15/19:
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: September 30, 2019. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: November 15, 2019. Note: this is the date by which all non- discovery motions must be heard and resolved.
Pretrial conference: December 18, 2019 at 1:30 p.m.
The parties are specifically advised to cooperate and follow all local and federal
10:00 AM
rules. The failure to do so may result in the imposition of monetary and non- monetary sanctions, including the striking of the answer and dismissal of the complaint.
Plaintiff is to lodge a scheduling order within seven (7) days.
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Defendant(s):
Michael Edward Castanon Represented By Rhonda Walker
BeachPointe Investments, Inc. Pro Se
George Bawuah Pro Se
Jerry Bolnick Pro Se
Jonathan Blau Pro Se
Joseph Bolnick Pro Se
Maria Castanon Pro Se
Kenneth Miller Pro Se
Peter Van Petten Pro Se
Raymond Midley Pro Se
Veronica Marfori Pro Se
Plaintiff(s):
Richard A. Marshack Represented By Sharon Oh-Kubisch
10:00 AM
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen
10:00 AM
Adv#: 8:18-01212 Saab et al v. Conkey
Hearing RE: Motion To Dismiss Second Amended Complaint To Determine Dischargeability Of Debt
(Motion filed 4/2/19)
Docket 23
Tentative for 5/14/19:
The Court has determined that this matter is appropriate for disposition without a hearing and will not hear oral argument. An order will be issued shortly.
No appearances will be permitted.
Debtor(s):
James L Conkey Represented By Laleh Ensafi
Defendant(s):
James L Conkey Represented By Charity J Manee
Plaintiff(s):
Camil Saab Represented By
Douglas Jaffe
Helou Saab, Inc. Represented By Douglas Jaffe
Trustee(s):
Jeffrey I Golden (TR) Pro Se
10:00 AM
Adv#: 8:18-01212 Saab et al v. Conkey
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt
(Complaint filed 12/3/18) FR: 2-27-19; 5-1-19
Docket 1
Tentative for 5/14/19:
The Court has determined that this matter is appropriate for disposition without a hearing and will not hear oral argument. An order will be issued shortly.
No appearances will be permitted.
***************************************************************************** Tentative for 5/01/19:
This matter is CONTINUED to 5/15/19 at 10:00 a.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 2/27/19 is to CONTINUE to 5/1/19 at 11:00 a.m. A status report is due 14 days in advance.
Debtor(s):
James L Conkey Represented By Laleh Ensafi
10:00 AM
Defendant(s):
James L Conkey Pro Se
Plaintiff(s):
Camil Saab Represented By
Douglas Jaffe
Helou Saab, Inc. Represented By Douglas Jaffe
Trustee(s):
Jeffrey I Golden (TR) Pro Se
10:00 AM
Adv#: 8:19-01014 Steffen v. Steffen
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Denial Of Discharge Pursuant To 11 U.S.C. Section 727(a)(4)
(Complaint filed 1/14/19)
(First Amended Complaint filed 2/22/19) (Another Summons issued 2/2/19)
FR: 4-3-19
[Tele. appr., Angela Mestre, repr., Krista D. Steffan]
Docket 1
- NONE LISTED -
Debtor(s):
Krista Dee Christy Steffen Represented By Angela Mestre
Defendant(s):
Krista Dee Christy Steffen Pro Se
Plaintiff(s):
Wallace Steffen Represented By Anerio V Altman
Trustee(s):
Karen S Naylor (TR) Pro Se
11:00 AM
CONT'D Hearing RE: Fourth Omnibus Motion For Order Disallowing Wage Claims (Motion filed 2/28/19)
Claim No. 4-2 Josephine Alvarez $100,000.00 FR: 4-4-19
Docket 529
- NONE LISTED -
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 Hearing RE: Second Omnibus Motion For Order Disallowing The
Scheduled Claims That Have Been Satisfied (Motion filed 2/27/19) | ||
Claim No. | American Express | $59,853.23 |
Claim No. | City of Los Angeles LAHD | $135.66 |
Claim No. | City of Montebello | $5.00 |
Claim No. | Department of Motor Vehicles | $1,501.00 |
Claim No. | Department of Social Services | $681.00 |
Claim No. | Home Depot Credit Services | $20,615.35 |
Claim No. | Los Angeles County Sheriff Department | $150.00 |
Claim No. | Los Angeles Dept. of Water and Power | $3,904.50 |
[OFF CALENDAR - ORDER ON STIPULATION TO RESOLVE CLAIM OBJECTION OF LOS ANGELES DEPT. OF WATER AND POWER ONLY ENTERED 5-13-19 - [694] | ||
Claim No. | Law Offices of Emilio J. Huerta | $9,832.50 |
Claim No. | Orion Healthcare Technology | $4,320.00 |
Claim No. | Sacramento County Tax | $871.65 |
Claim No. | Sacramento County Utilities | $180.57 |
Claim No. | Straight Up Reality Improvements | $1,500.00 |
Claim No. | The Gas Company | $4,244.45 |
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Claim No. | Time Warner Cable | $607.14 |
Claim No. | US Bank | $2,382.29 |
FR: 4-4-19 | Docket 503 |
Tentative for 5/15/19: 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.
***************************************************************************** Tentative for 4/4/19 is to CONTINUE the Second Omnibus Motion for Order
Disallowing Claims [Dk. 503] to May 15, 2019, at 11:00 a.m., to allow Movant to effect proper service on all claimants.
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." FRBP 7004(b)(6) requires that a "state or municipal corporation or other governmental organization thereof" must be served "to the person or office upon whom process is prescribed to be served by the law of the state in which service is made." FRBP 7004(h) requires service on insured depository institutions be made by certified mail addressed to an officer of the
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institution except under exceptions that to not appear to apply here. 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.
It appears that none of the Claimants were served with either the Notices or Objection in accordance with FRBP 7004. In addition, the Court was unable to locate filed notices for all claimants. Movant must properly serve all claimants with the Objection and notice of the Objection and continued hearing date in accordance with LBR 3007-1(b), and file the appropriate notice and/or proof of service.
Appearances are excused for 4/4/19.
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 Hearing RE: Third Omnibus Motion For Order Disallowing The Claims Of Debtor's Employees Not Participants In Debtor's Employee Pension Plan (Motion filed 2/27/19)
Claim No. 51 | Diane Soto | $54,775.00 |
Claim No. 57 | Angelina Sharman | $45,000.00 |
Claim No. 60 | Terry Suo | $49,575.00 |
FR: 4-4-19 | Docket 504 |
Tentative for 5/15/19 is to GRANT as to the Claims of Diane Soto [Claim No. 51], Terry Suo [Claim No. 60] and CONTINUE to June 27, 2019 at 11:00 a.m. as to the Claim of Angelina Sharman [Claim No. 57]. The Notice of Objection as to Ms. Sharman, which was filed April 10, 2019 [Dk. 632] attached the incorrect proof of claim (it attached the proof of claim of Southern California Edison).
Appearances are excused.
Movant to lodge an order within seven (7) days.
***************************************************************************** Tentative for 4/4/19 is to GRANT the Third Omnibus Motion for Order Disallowing Claims [Dk. 504], except as follows:
The Claims of Diane Soto [Claim No. 51], Terry Suo [Claim No. 60], and Angelina Sharman [Claim No. 57] are CONTINUED to May 15, 2019, at 11:00 a.m., to allow Movant effect proper service. Movant must properly serve these
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claimants with the Objection and notice of the Objection and continued hearing date in accordance with LBR 3007-1(b), and file the appropriate notice and/or proof of service.
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). 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.
Claimant Diane Soto was served with the Notice at 2550 E. Ward Street, Apt. 77, Arcadia, CA 92806; however, the address on Proof of Claim No. 51 is 2550 E. Ward Street, Apt. 77, Anaheim, CA 92806. In addition, it appears that this Claimant was served with notices of hearings on objections to the same claim for two different dates, which may be confusing.
Claimant Terry Suo was served with the Notice at 4008 Sand Harbour Lane, Elk Grove, CA 95788-4611; however, the address on Proof of Claim No. 60 is 9372 Waddell Lane, Elk Grove, CA 95624. In addition, an incorrect proof of claim was attached to the Notice filed February 27, 2019 [Dk. 528], although the correct Proof of Claim was attached to the motion.
Finally, it appears that Claimant Angelina Sharman was served with notices of hearings on objections to the same claim for two different dates. This matter is continued to avoid any potential confusion caused by the double notice.
This matter appears to be uncontested. Accordingly, no court appearance by Movant is required on April 4, 2019. Should a party file a late opposition or appear at the hearing to oppose the Motion as to any claim not continued above, 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):
California Hispanic Commission on Represented By
Michael R Totaro Linda F Cantor ESQ Victoria Newmark Nancy S Goldenberg
11:00 AM
CONT'D Hearing RE: Fifth Omnibus Motion For Order Disallowing The Claims That Are Not Owed By The Debtor
(Motion filed 2/28/219)
Claim No. California Employers Association $563.57 Claim No. California State Disbursement Unit$531.31
Claim No. Ford Motor Credit Company, LLC $212,824.02 Claim No. 26-1 General Electric Capital Corporation $86,702.95 Claim No. Draegar Safety Diagnosis $106,933.69 FR: 4-4-19
Docket 538
Tentative for 5/15/19 is to GRANT as to all Claimants, except as to Claimant General Electric Capital Corporation, which is CONTINUED to June 27, 2019 at 11:00 a.m. to allow Movant to effectuate proper notice upon General Electric Capital Corporation.
Movant filed and served a Notice of Objection to Claims on 4/10/19 [Dk. 634], and under paragraph 1 of page 1, Movant listed the claimant name incorrectly as "General Electric Credit Corporation." The attached Proof of Claim shows Claimant differently as "General Electric Capital Corporation." However, this entity is not an active business entity in California. There is an active listing for "General Electric Company" which does list the same registered agent and address which the Movant used to serve the listed Claimant, General Electric Capital Corporation. So it appears that service is proper, but that notice is
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improper.
Appearances are excused.
Movant to lodge an order within seven (7) days.
*****************************************************************************
Tentative for 4/4/19 is to GRANT the Fifth Omnibus Motion for Order Disallowing Claims [Dk. 538], except as follows:
The Motion with respect to the Claims of California Employers Association, California State Disbursement Unit, and General Electric Capital Corporation, CONTINUED to May 15, 2019, at 11:00 a.m., to allow Movant effect proper service. Movant must properly serve these claimants with the Objection and notice of the Objection and continued hearing date in accordance with LBR 3007-1(b), and file the appropriate notice and/or proof of service.
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) requires, among other things, 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." See FRBP 7004(b)(3). 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.
Scheduled Claimant California Employer’s Association was served with the Motion at 1451 River Park Dr. #116, Sacramento, CA 95815, which is the same address Debtor listed on the schedules. Although there was no proof of claim filed, this address does not comply with FRBP 7004. Moreover, the Court was unable to locate a filed notice of objection to this claim.
Scheduled Claimant California State Disbursement Unit was served with the Notice and Motion at California State Disbursement Unit, P.O.Box 98906, West
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Sacramento, CA 95798. However, this address is not one of the registered addresses listed in the Court Manual, so service does not comply with FRBP 7004.
Scheduled Claimant Draegar Safety Diagnosis was served with the Notice and Motion at Draeger Safety Diagnosis, 4040 W. Royal Lane, Suite 136, Irving, TX 75063. This does not comply with FRBP 7004.
Claimant General Electric Capital Corporation [Claim No. 26-1] was served with the Motion and Notice [Dk. 544, filed 2/28/19] at two addresses: (1) General Electric Credit Corporation, Yvette Cedeno, General Electric Capital Corporation, 1010 Thomas Edison Blvd., SW, Cedar Rapids, IA 52404. (2) General Electric Credit Corporation, PO Box 31001-0271, Pasadena, CA 91110. Although both addresses are listed on the Proof of Claim, neither address complies with FRBP 7004. In addition, the heading on "General Electric Credit Corporation" may be misleading given that the creditor is "General Electric Capital Corporation." In addition, it appears that this creditor may have been served with notices of hearings on objections to the same claim for two different dates, which may be confusing.
The Motion as to Claimant Ford Motor Credit Company, LLC ("Ford") is DENIED without prejudice. Ford is not listed on Schedule F [Dk. 114]. Although Schedule D lists Ford as having several secured claims, none of these claims are for the
$212,824.02 amount listed in the Motion. It is not clear to this Court what claim Movant is objecting to. Moreover, the Court was unable to locate a filed notice of objection to this claim, and it is not clear that the Motion was served in accordance with FRBP 7004. While the Motion appears to have been served on Ford at two addresses, including on the attorney who previously filed a Motion for Relief from the Automatic Stay in this case, it is not clear that this attorney is authorized to receive service of process with respect to a claim objection or that either listed address otherwise complies with FRBP 7004.
This matter appears to be uncontested. Accordingly, no court appearance by Movant is required on April 4, 2019. Should a party file a late opposition or appear at the hearing to oppose the Motion as to any claim not continued above, the Court will determine whether further hearing is required and Movant will be so
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notified.
Movant to lodge an order within seven (7) days.
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 Hearing RE: Sixth Omnibus Motion For Order Reducing And Allowing Claims
(Motion filed 2/28/19)
Claim No. | Bay Alarm | $433.03 |
Claim No. | Capital Premium Finance | $1,882.79 |
Claim No. | City of Vacaville | $652.00 |
Claim No. | Clinivate | $13,750.00 |
Claim No. | Coveral North America, Inc. | $10,617.00 |
Claim No. | Genesis Title Holding Company | $773,157.15 |
Claim No. | Neshek's Auto Repair | $3,101.30 |
Claim No. | Southern California Edison Company | $7,888.00 |
Claim No. | Southern California Gas Company | $6,180.00 |
[OFF CALENDAR - ORDER ON STIPULATION TO RESOLVE CLAIM OBJECTION OF SOUTHERN CALIFORNIA GAS COMPANY ONLY ENTERED 5-13-19 - [693]
Claim No. 28-1 Zoom Imaging Solutions, Inc. $2,550.43 FR: 4-4-19
Docket 549
Tentative for 5/15/19 is to GRANT.
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Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, 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 4/4/19 is to GRANT the Sixth Omnibus Motion for Order Disallowing Claims [Dk. 549], except as follows:
The Motion with respect to the Claims of Bay Alarm, Capital Premium Finance, the City of Vacaville, Clinivate, Coveral North America, Inc., Genesis Title Holding Company, Neshek’s Auto Repair, Southern California Edison Company, and Zoom Imaging Solutions, Inc. is CONTINUED to May 15, 2019, at 11:00 a.m., to allow Movant to effect proper service.
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) requires, among other things, 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," and a "state or municipal corporation or other governmental organization thereof" must be served "to the person or office upon whom process is prescribed to be served by the law of the state in which service is made." See FRBP 7004(b)(3), (6).
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.
Service on the listed claimants did not comply with FRBP 7004 or was otherwise defective. Movant must properly serve all claimants with the Objection and notice of the Objection and continued hearing date in accordance with LBR 3007-1(b),
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and file the appropriate notice and/or proof of service.
This matter appears to be uncontested. Accordingly, no court appearance by Movant is required on April 4, 2019. Should a party file a late opposition or appear at the hearing to oppose the Motion as to any claim not continued above, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
California Hispanic Commission on Represented By
Michael R Totaro Linda F Cantor ESQ Victoria Newmark Nancy S Goldenberg
11:00 AM
Adv#: 8:17-01108 Marshack 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)
(set per Order Entered 8/15/18) FR: 3-20-19
Docket 1
- 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
11:00 AM
Plaintiff(s):
Richard A. Marshack Pro Se
Trustee(s):
Richard A Marshack (TR) Represented By Michael G Spector
11:00 AM
Hearing RE: Trustee's Final Report And Applications For Compensation (Final Report filed 4/2/19)
[RE: RICHARD A. MARSHACK - Chapter 7 Trustee] [Fees: $37,166.36; Expenses: $186.71]
[RE: DONALD W. SIEVEKE - Attorney For Chapter 7 Trustee] [Fees: $10,000.00; Expenses: $0.00]
[RE: HAHN FIFE & COMPANY, LLP - Accountant For Chapter 7 Trustee] [Fees: $1,428.00; Expenses: $251.50]
Docket 73
Tentative for 5/15/19 is to APPROVE the final report, as requested.
Chapter 7 Trustee fees are presumed reasonable if they are requested at the statutory rate, and should be approved without any significant additional review absent extraordinary circumstances. See In re Salgado-Nava, 473 B.R. 911, 921 (B.A.P. 9th Cir. 2012). The Trustee's Reply filed 5/8/19 [Dk. 97] is well-taken. The Opposition filed 4/12/19 [Dk. 96] has not presented the Court with any extraordinary circumstances such that the Court should deviate from the statutory § 326(a) commission and is therefore overruled. Indeed, the Trustee has agreed to substantially reduce his statutory fee to less than he would otherwise be entitled. Creditor's assertion that the statutory fee should be premised on her payment of $95,000 is misguided. The statutory fee is calculated based on all funds disbursed, including those to secured creditors. See 11 USC § 326(a). Creditor's arguments regarding the creation of a "scheme" solely to benefit the Trustee and his professionals are likewise misguided, especially given Creditor's consent to the purchase and sale of the property.
11:00 AM
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: 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 (Motion filed 3/26/19)
[Tele. appr., Angela Mestre, repr., James Patrick Jensen]
Docket 10
Tentative for 5/15/19:
The Court would like to hear from the United States Trustee as to whether this matter is now moot in light of Debtor's counsel's representation in her Response filed 5/1/19 [Dk. 14] that she has refunded all of the compensation she received from Debtor.
Appearances required.
Debtor(s):
James Patrick Jensen Represented By Angela Mestre
Trustee(s):
Jeffrey I Golden (TR) Pro Se
11:00 AM
Hearing RE: Debtor's Motion For Order: (1) Authorizing Sale Of Real Property Located At 37370 Horsemans, 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 Good-Faith 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 4/24/19)
Docket 873
Tentative for 5/15/19:
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 Timothy W Evanston
11:00 AM
Adv#: 8:17-01046 Sun Coast Farms LLC v. Harrison et al
CONT'D PRE-TRIAL 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) (PTC set at S/C held 10/25/18)
FR: 6-14-17; 12-14-17; 4-19-18; 5-3-18; 10-18-18; 10-25-18
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
10:00 AM
Prober & Raphael, A Law Corporation - movant attorney Motion for Relief from Stay
Navy Federal Credit Union vs. DEBTORS (Motion filed 5/1/19)
Re: 2004 Itasca Sunova 30B RE: VIN# 1F6MF53S640A03858
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):
Gary Wilmer Gunn Represented By Daniel King
Joint Debtor(s):
Catherine Patricia Gunn Represented By Daniel King
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
Prober & Raphael, A Law Corporation - movant attorney Motion for Relief from Stay
Navy Federal Credit Union vs. DEBTOR (Motion filed 5/1/19)
Re: 2018 Toyota Prius, VIN JTDKARFU5J3554686
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 by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Jamie M. Miller-Fullinwider Represented By
C Scott Rudibaugh
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
ACAR Leasing LTD vs. DEBTOR, Lynda T. Bui, trustee (Motion filed 5/1/19)
Re: 2017 Chevrolet Traverse VIN 1GNKVHKD5HJ259864 EH
Docket 12
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):
Abraham Daniel Bitolas Represented By Todd L Turoci
Joint Debtor(s):
Amanda Cruz Pina Bitolas Represented By Todd L Turoci
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Santander Consumer USA, Inc. vs. DEBTOR, Howard B. Grobstein, trustee (Motion filed 4/24/19)
Re: 2015 Dodge Journey VIN 3C4PDCBG9FT754623
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):
Richard Myres Represented By
M. Wayne Tucker
Joint Debtor(s):
Rachel Myres Represented By
M. Wayne Tucker
10:00 AM
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
Sissac Legal Group, PC - movant attorney Motion for Relief from Stay
Financial Services Vehicle Trust vs. DEBTOR (Motion filed 5/9/19)
RE: 2018 BMW 3 Series 320i Sedan 4D 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):
Linda Van Horssen Pro Se
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
Sissac Legal Group P.C. - movant attorney Motion for Relief from Stay
BMW Bank of North America vs. DEBTOR (Motion filed 4/30/19)
Re: 2017 BMW X3 sDrive28i Sport utility 4D 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):
Cynthia Pina Represented By
Ivan Trahan
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Kimball, Tirey & St. John, LLP - movant attorney Motion for Relief from Stay
Avalonbay Communications, Inc. vs. DEBTOR (Motion filed 5/16/19)
RE: 5701 Park Dr. #9211 Chino Hills, CA 91709 EH
Docket 16
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 proceeding 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 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):
Frederick L.D. Jackson III Represented By Daniel King
Movant(s):
AvalonBay Communities, Inc. Represented By Scott Andrews
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
Vanlochem & Associates LLP - movant attorney Motion for Relief from Stay
Infiniti Financial Services vs. DEBTORS (Motion filed 5/6/19)
Re: 2017 INFINITI QX80, VIN # JN8AZ2NF7H9646442
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):
Mahdi Fereydouni Represented By Paul Y Lee
Joint Debtor(s):
Leila Taherkhani Represented By Paul Y Lee
10:00 AM
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
Barry Lee O'Connor, APLC - movant attorney Motion for Relief from Stay
Phillip Edward Hakopian vs. DEBTOR (Motion filed 5/17/19)
RE: 1183 Mountain Gate Rd Upland, CA 91786 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):
Carolyn Margaret Katona Represented By Neil R Hedtke
Trustee(s):
Robert Whitmore (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, Todd A. Frealy, chapter 7 trustee
(Motion filed 5/16/19)
Re: 2017 HONDA ACCORD, VIN: 1HGC R2F1 7HA0 28951
Docket 11
- NONE LISTED -
Debtor(s):
MaryAnn Evers Pro Se
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
Kui Din Lui - movant pro se Motion for Relief from Stay
Kui Din Lui vs. Williams (Motion filed 5/20/19)
Re: 13379 Alpine Street, Moreno Valley, CA 92553 EH
Docket 10
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.
Debtor(s):
Crabrill C Williams Pro Se
Trustee(s):
Howard B Grobstein (TR) Pro Se
11:00 AM
Hrg. on trustee's final report; applications for compensation EH
Docket 0
Tentative for 6/11/19 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):
Pca Feed & Supply Inc Represented By David B Friedman
Trustee(s):
Robert Whitmore (TR) Pro Se
11:00 AM
Hrg. on trustee's final report; applications for compensation EH
Docket 0
Tentative for 6/11/19 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):
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 Debtor's Motion to Reopen Closed Chapter 7 Case EH
Docket 17
- NONE LISTED -
Debtor(s):
Tony Budzevski Represented By Scott R Burton
Trustee(s):
Robert Whitmore (TR) Pro Se
11:00 AM
Hrg. on chapter 7 trustee's Motion filed 4/24/19 to Disallow Claims #6 of Los Angeles County Treasurer and Tax Collector
EH
Docket 39
- NONE LISTED -
Debtor(s):
Emanuel V Katsaros Represented By Stephen R Wade
Joint Debtor(s):
Wendy L Katsaros Represented By Stephen R Wade
Trustee(s):
Robert Whitmore (TR) Represented By Hydee J Riggs
11:00 AM
Hrg. on Trustee's Intention to Abandon Real Property EH
Docket 0
- NONE LISTED -
Debtor(s):
Bernadette Chapman Represented By Giovanni Orantes Richard L Antognini
Trustee(s):
Karl T Anderson (TR) Represented By Todd L Turoci Julie Philippi
11:00 AM
Hrg. on trustee's final report; applications for compensation EH
Docket 0
Tentative for 6/11/19 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):
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 trustee's final report; applications for compensation EH
Docket 82
Tentative for 6/11/19 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):
William P VanDerWeele Represented By Sundee M Teeple
Trustee(s):
Robert Whitmore (TR) Represented By Caroline Djang
11:00 AM
Hrg. on Trustee's Final Report; Application for Compensation EH
Docket 0
Tentative for 6/11/19 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):
Robert Kessler Represented By David Lozano
Joint Debtor(s):
Irma Guardado Kessler Represented By David Lozano
Trustee(s):
Todd A. Frealy (TR) Pro Se
11:00 AM
Hrg. on Final Application filed 4/25/19 for Compensation and Reimbursement of Expenses of Michael Jay Berger, Debtor's Attorney, Period: 9/15/2017 to 12/15/2017, Fees: $13,685.50, Expenses: $1,483.69.
EH
Docket 83
Tentative for 6/11/19:
Appearances required. Mr. Berger is instructed to appear in person in Santa Ana.
Debtor(s):
Southern Pacific Janitorial Group, Represented By
Michael Jay Berger
Trustee(s):
John P Pringle (TR) Represented By
Michelle A Marchisotto
11:00 AM
Hrg. on Debtor and Debtor's spouse Motion filed 5/1/19 for administrative claim EH
Docket 50
Tentative for 6/11/19:
Appearances required.
Debtor(s):
Thomas John Forrest Represented By Michael F Chekian
Trustee(s):
Larry D Simons (TR) Represented By Wesley H Avery
11:00 AM
Hrg. on Trustee's Final Report; Applications for Compensation EH
Docket 0
Tentative for 6/11/19 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):
Angela Quinn Represented By James P Doan
Trustee(s):
Karl T Anderson (TR) Represented By Robert P Goe
Thomas J Eastmond
11:00 AM
Hrg. on approval of Trustee's Final Report; Applications for Compensation
EH
Docket 0
Tentative for 6/11/19 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):
Gary David Brandt II Represented By Brian J Soo-Hoo
Trustee(s):
Robert Whitmore (TR) Pro Se
11:00 AM
Hrg. on Motion for Order; 1) Approving sale of real property and bidding procedures; 2) Approving sale free & Clear of Liens; 3) Finding that buyer is a good faith purchaser; 4) Authorizing Payment of Real Estate Agent's Commission; 5) Waiving 14-Day Stay of Rule 6004(H)
Re: 9993 Mountain View Ave., Cherry Valley, CA 92223 EH
Docket 47
Tentative for 6/11/19 is to GRANT.
Trustee is to conduct an auction.
Debtor(s):
Raymond Richard Quinto, Jr. Represented By John D Faucher
Trustee(s):
Steven M Speier (TR) Represented By Robert P Goe
Elizabeth A LaRocque
11:00 AM
Hrg. on Motion to Compromise the controversy that exists between the Trustee and Kasey Quinto resolving the sale of her interest in the Real Property located at 9993 Mountain View Avenue, Cherry Valley, CA 92223
EH
Docket 50
Tentative for 6/11/19 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):
Raymond Richard Quinto, Jr. Represented By John D Faucher
Trustee(s):
Steven M Speier (TR) Represented By Robert P Goe
Elizabeth A LaRocque
11:00 AM
Hrg. on Motion for Turnover of Property held by Debtor pursuant to 11 U.S.C. 542 (a) and (e)
EH
Docket 10
Tentative for 6/11/19:
Appearances required.
Debtor(s):
Yvette Rachel Kuglin Represented By
Thomas E Brownfield
Trustee(s):
Larry D Simons (TR) Pro Se
1:30 PM
Hrg on City of San Bernardino's Sixteenth Omnibus Objection to Claim Barbara Jenkins, to allow the parties to proceed in state court to determine the City's liability.
EH
Docket 2723
Revised Tentative for 6/11/19:
The Court has received and reviewed the status report filed May 28, 2019 [Dk. 2842] and the Supplemental Report filed June 7, 2019 [Dk. 2845] and will CONTINUE this matter to October 15, 2019 at 1:30 p.m. A status report is due 14 days in advance. If a final determination has been made in the state court proceeding, Movant should supplement its moving papers with appropriate authority and serve them 14 days prior to the continued hearing. Movant is to provide notice of the foregoing to claimant by no later than June 15, 2019.
Appearances are excused.
********************************************************************
Tentative for 1/22/19 is to SUSTAIN the objections and DISALLOW the claims in the Sixteenth Omnibus Objection to Claims [Dk. 2723] ("Objection") except as follows:
With respect to the claim of Barbara Jenkins, this matter is CONTINUED to June 11, 2019 at 1:30 p.m. to allow the parties to proceed in state court to determine the City's liability. To the extent it is necessary, the Court GRANTS relief from the automatic stay for the parties to proceed in the non-bankruptcy forum for this purpose. The parties must file a status report fourteen days in
1:30 PM
advance of the continued hearing. Appearances are excused.
The 1/22/19 hearing is VACATED; no hearing will be held.. 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 Fourth 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 2826
Tentative for 6/11/19 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 Motion of City of San Bernardino filed 5/21/19 for a Fourth Order Extending the Deadline to File Motions to Make Additions to the Schedule of Contracts and Leases to be Assumed
EH
Docket 2828
Tentative for 6/11/19 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 Post Confirmation Status Conference (Cont. from 3/19/19)
EH
Docket 0
- NONE LISTED -
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 Confirmation of Debtor's Third Amended Plan
EH
Docket 0
Tentative for 6/11/19:
Appearances required.
Debtor(s):
Lovejoy's Family Moving., Inc., dba Represented By
Bradford G Hughes Peter W Lianides Alastair M Gesmundo Robert E Opera
1:30 PM
Hrg. on Chapter 11 Status Conference EH
(Cont. from 4/16/19)
Docket 1
Tentative for 6/11/19:
None listed.
**************************************************************************** Tentative for 4/16/19:
This matter is CONTINUED to June 11, 2019 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
**************************************************************************** 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.
1:30 PM
Debtor(s):
Lovejoy's Family Moving., Inc., dba Represented By
Bradford G Hughes Peter W Lianides Alastair M Gesmundo Robert E Opera
1:30 PM
Hrg. on Debtor's Motion filed 8/8/18 to Use Cash Collateral (Cont. from 5/14/19)
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 Order to Show Cause why Total System Services Inc. Should not be held in Contempt of Violation of the Automatic Stay
EH
Docket 0
- NONE LISTED -
Debtor(s):
Lovejoy's Family Moving., Inc., dba Represented By
Bradford G Hughes Peter W Lianides Alastair M Gesmundo Robert E Opera
1:30 PM
Hrg. on Debtor's Motion filed 5/28/19 for Order Approving Non-Material Modifications to Debtor's Second Amended Chapter 11 Plan
EH
Docket 286
- NONE LISTED -
Debtor(s):
Lovejoy's Family Moving., Inc., dba Represented By
Bradford G Hughes Peter W Lianides Alastair M Gesmundo Robert E Opera
Winthrop Couchot Golubow Hollander LLP) Lisa Fogel & Associates
1:30 PM
Hrg. on Chapter 11 Status Conference (Cont. from 4/16/19)
EH
Docket 1
- NONE LISTED -
Debtor(s):
Investment Group, LLC Represented By Todd L Turoci
1:30 PM
Hrg. on Debtor's motion filed 11/21/18 for approval of chapter 11 Disclosure Statement
EH
Docket 53
- NONE LISTED -
Debtor(s):
Investment Group, LLC Represented By Todd L Turoci
Movant(s):
Investment Group, LLC Represented By Todd L Turoci
1:30 PM
Hrg. on Chapter 11 Status Conference (Cont. from 5/14/19)
EH
Docket 1
- NONE LISTED -
Debtor(s):
Air Force Village West, Inc. d/b/a Represented By
Samuel R Maizel
1:30 PM
Sale Hearing to approve the sale of the Purchased Assets to the Successful Bidder
Docket 0
- NONE LISTED -
Debtor(s):
Air Force Village West Inc Represented By Samuel R Maizel Tania M Moyron
1:30 PM
Hrg. on Chapter 11 Status Conference EH
Docket 0
Tentative for 6/11/19:
The Court will set dates/deadlines and is inclined to substantially adopt those proposed by Debtor in the status report filed May 28, 2019 [Dk. 96], as follows:
Deadline to file a Plan and Disclosure Statement: June 30, 2019. The failure to timely file a plan and disclosure statement may result in the dismissal or conversion of the case.
Claims Bar Date: July 15, 2019
Deadline to File Objections to Claims: August 15, 2019
Deadline to File Avoidance Actions: August 15, 2019
Continued Status Conference: September 3, 2019 at 1:30 p.m.
Debtor is to submit a scheduling order within seven days.
Appearances required.
Debtor(s):
Banner Mattress, Inc. Represented By Daniel J Weintraub Nina Z Javan
1:30 PM
1:30 PM
Final Hrg. Authorizing the Debtor's Use Of Cash Collateral
EH
(Cont. from 5/15/19)
Docket 11
Tentative for 6/11/19 is to GRANT.
************************************************************************* Tentative for 4/24/19:
Appearances are required. Appearances by all counsel are preferred, but not required, in Santa Ana.
In addition, the primary inside and/or outside accountant/bookkeeper should appear in person in Santa Ana, and be prepared to testify under oath regarding Debtor's finances.
Debtor(s):
Banner Mattress, Inc. Represented By Daniel J Weintraub
1:30 PM
Hrg. on Debtor And Debtor In Possession's Application For Entry Of An Order Pursuant To 11 U.S.C. §§ 105(a) And 363(b) Authorizing The Debtor To Retain Robert J. Forrest, Jr. To Provide Chief Financial Officer And Related Services Effective April 22, 2019
EH
Docket 90
Tentative for 6/11/19 is to GRANT.
Debtor(s):
Banner Mattress, Inc. Represented By Daniel J Weintraub Nina Z Javan
11:00 AM
Adv#: 8:19-01057 Stubbs v. United States of America, by its agency Internal R
STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Tax Liability
(Complaint filed 3/31/19)
Docket 1
- NONE LISTED -
Debtor(s):
Joe P Stubbs Represented By
Bruce A Boice
Defendant(s):
United States of America, by its Pro Se
Plaintiff(s):
Joe P Stubbs Represented By
Bruce A Boice
Trustee(s):
Jeffrey I Golden (TR) Represented By
Jeffrey I Golden (TR)
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 5/9/19 Between Debtor and Alaska USA Federal Credit Union, in the amount of $10,095.07
Re: 2013 Toyota Camry
Docket 9
- NONE LISTED -
Debtor(s):
Jesus A Villalpando Represented By Daniel King
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
Hrg. on Approval of Reaffirmation Agreement Between Debtor and Cab West, LLC, in the amount of $4,461.24
Re: 2017 Ford Fusion
Docket 17
- NONE LISTED -
Debtor(s):
Marisa A Salgado Pro Se
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement Between Debtors and Ally Bank in the amount of $11,949.98
Re: 2016 Nissan Sentra
Docket 10
- NONE LISTED -
Debtor(s):
Gerardo Garcia Nieto Pro Se
Joint Debtor(s):
Hortencia Nieto Pro Se
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
Hrg. on Approval of Reaffirmation Agreement filed 5/6/19 Between Debtors and CarMax Auto Finance, in the amount of $11,595.32
Re: 2011 Toyota Venza
Docket 10
- NONE LISTED -
Debtor(s):
Chad Allen Johnson Represented By Daniel King
Joint Debtor(s):
Aaleesa Hope Johnson Represented By Daniel King
Trustee(s):
Robert Whitmore (TR) Pro Se
1:30 PM
Adv#: 6:18-01230 Whitmore v. Scott et al
STATUS CONFERENCE re: Complaint by Robert S. Whitmore against Darbie Vandre Scott, Caroll Ann Vandre -Recovery of money/property - 548 fraudulent transfer
EH
(Cont. from 3/20/19)
Docket 1
Tentative for 6/12/19:
This matter will come off calendar in light of the tentative to grant the Motion for Default Judgment concurrently set for hearing at Matter #15.
Appearances are excused.
****************************************************************************** Tentative for 3/20/19:
This matter is CONTINUED to June 12, 2019 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
Caroll Ann Vandre Represented By Gene P Killian
Defendant(s):
Caroll Ann Vandre Pro Se
1:30 PM
Darbie Vandre Scott Pro Se
Plaintiff(s):
Robert S. Whitmore Represented By Douglas A Plazak
Trustee(s):
Robert Whitmore (TR) Represented By Douglas A Plazak
1:30 PM
Adv#: 6:18-01230 Whitmore v. Scott et al
Hrg. on Plaintiff's Motion filed 4/15/19 for Default Judgment as to Darbie Vandre Scott
(Cont. from 5/15/19) EH
Docket 23
Tentative for 6/13/19 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.
**************************************************************************
Tentative for 5/15/19 is to CONTINUE to June 12, 2019 at 1:30 p.m. to allow Trustee to file additional evidence regarding service of the Complaint and the Motion for Default Judgment.
Defendant was served with both at 407 Railroad Avenue, Souris, ND 58783-8510 ("North Dakota Address"). The Declaration of Christopher M. Kiernan includes the results from the Westlaw search that resulted in the
North Dakota Address. However, this is insufficient evidence to establish that the North Dakota Address was the correct and current address at which to serve the Defendant on February 13, 2019, when Another Summons was served [Dk.12], or that it remains the correct address at which to serve the Defendant with the Motion for Default Judgment.
1:30 PM
Supplemental evidence regarding the sufficiency of service must be filed by May 29, 2019.
Appearances are excused.
Debtor(s):
Caroll Ann Vandre Represented By Gene P Killian
Defendant(s):
Darbie Vandre Scott Pro Se
Caroll Ann Vandre Pro Se
Gene P Killian Pro Se
Plaintiff(s):
Robert S. Whitmore Represented By Douglas A Plazak
Trustee(s):
Robert Whitmore (TR) Represented By Douglas A Plazak
1:30 PM
Adv#: 6:19-01054 Frealy v. Obrien et al
STATUS CONFERENCE RE: Complaint by Todd A. Frealy against John Obrien, Collene O'Brien, Kathalene M. Miller. (Charge To Estate). ($350.00) Nature of Suit: (11 (Recovery of money/property - 542 turnover of property)),(14 (Recovery of money/property - other)),(91 (Declaratory judgment))
EH
Docket 1
- NONE LISTED -
Debtor(s):
John Obrien Represented By
Christopher J Murtagh
Defendant(s):
Kathalene M. Miller Pro Se
Collene O'Brien Pro Se
John Obrien Pro Se
Joint Debtor(s):
Tracy Obrien Represented By
Christopher J Murtagh
Plaintiff(s):
Todd A. Frealy Represented By
Michelle A Marchisotto
1:30 PM
Trustee(s):
Todd A. Frealy (TR) Represented By Christopher J Murtagh Michelle A Marchisotto
11:00 AM
Adv#: 8:19-01057 Stubbs v. United States of America, by its agency Internal R
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Tax Liability
(Complaint filed 3/31/19) FR: 6-11-19
Docket 1
Tentative for 6/12/19:
The Court will CONTINUE this matter to August 7, 2019 at 11:00 a.m. The Court notes the improper service of the summons (notably, the summons appears to have been served on May 27, 2019, 26 days after the listed deadline for filing an answer) and the lack of a unilateral status report. If these matters are not corrected by the next status conference, the Court will dismiss the adversary proceeding.
A joint or unilateral status report is due 14 days prior to the continued hearing date.
Appearances excused.
Debtor(s):
Joe P Stubbs Represented By
Bruce A Boice
Defendant(s):
United States of America, by its Pro Se
Plaintiff(s):
Joe P Stubbs Represented By
11:00 AM
Trustee(s):
Bruce A Boice
Jeffrey I Golden (TR) Represented By
Jeffrey I Golden (TR)
11:00 AM
CONT'D Hearing RE: Objection To Claim:
(Motion filed 4/5/19)
Claim No. 16 Dickey's Barbecue Restaurants, Inc. $2,090,187.62 FR: 5-1-19
Docket 51
- NONE LISTED -
Debtor(s):
Stephen Matthew Huerth Represented By Michael Jones Sara Tidd
Joint Debtor(s):
Laura Elizabeth Huerth Represented By Michael Jones Sara Tidd
Trustee(s):
Richard A Marshack (TR) Represented By Michael Jones Leslie K Kaufman
11:00 AM
Adv#: 8:18-01186 Marshack v. Mugar
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Avoidance Of Fraudulent Transfer (11 U.S.C. Section 544(b); Cal. Civil Code Section 3439.04(a)(2);
Avoidance Of Fraudulent Transfer (11 U.S.C. Section 544(b); Cal. Civil Code Section 3439.05);
Recovery Of Avoided Transfers;
Breach Of Contract; And
Common Count-Money Lent (Complaint filed 10/12/18)
(Another Summons Issued 3/15/19) FR: 1-23-19
Docket 1
- NONE LISTED -
Debtor(s):
Bradley B Mugar Represented By Parisa Fishback John Edwards
Defendant(s):
Ryan Mugar Pro Se
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)
[Judgment RE Well Fargo ONLY]
FR: 9-12-18; 11-7-18; 1-23-19; 4-17-19
Docket 11
Tentative for 6/12/19:
The Court has received and reviewed the Joint status report filed 6/5/19 [Dk. 43], and is inclined to set the following dates and deadlines:
Discovery cutoff: September 30, 2019. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: November 15, 2019. Note: this is the date by which all non-discovery motions must be heard and resolved.
Pretrial conference: January 8, 2020 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 monetary and non-monetary sanctions, including the striking of the answer and
11:00 AM
dismissal of the complaint.
Plaintiff is to lodge a scheduling order within seven (7) days. Appearances are excused.
*************************************************************************** Tentative for 4/17/19:
The Court has received and reviewed the Status Report filed on 4/3/19 [Dk. 40], and will CONTINUE this matter to 6/12/19 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
***************************************************************************
Tentative for 1/23/19 is to CONTINUE this matter to 4/17/19 at 11:00 a.m. A status report is due 14 days in advance.
The 1/23/19 hearing is VACATED.
*************************************************************************** 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.
11:00 AM
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
Noreen A Madoyan
Trustee(s):
Jeffrey I Golden (TR) Represented By Noreen A Madoyan
11:00 AM
Hearing RE: Motion For Order Disallowing Claim: (Motion filed 5/13/19)
Claim No. 2 Five Star Airport Alliance, Inc. $1,642,914.63
Docket 64
Tentative for 6/12/19:
Appearances required. Counsels are instructed to appear in person in Santa Ana.
Debtor(s):
Magnetar Technologies Corporation Represented By
Jacqueline D Serrao
Trustee(s):
Karen S Naylor (TR) Represented By Nanette D Sanders
11:00 AM
Hearing RE: Motion For Order Disallowing Claim: (Motion filed 5/2/19)
Claim No. 6 Intramin, Ltd. $1,642,914.63
Docket 61
Tentative for 6/12/19:
Appearances required.
Debtor(s):
Magnetar Technologies Corporation Represented By
Jacqueline D Serrao
Trustee(s):
Karen S Naylor (TR) Represented By Nanette D Sanders
11:00 AM
Hearing RE: Debtor's Motion For An Order Compelling The Chaper 7 Trustee To Abandon Property Of The Bankruptcy Estate
(Motion filed 4/3/19) (Opposition filed 4/17/19)
(Set per Notice of Hearing filed 4/23/19)
Docket 33
Tentative for 6/12/19 is to DENY for the reasons stated in the Trustee's Opposition filed on 4/17/19 [Dk. 37].
Debtors assert the Property is burdensome or of inconsequential benefit to the Estate, apparently based solely on the fact that the Property has not yet sold and Debtor had difficulty selling the Property prepetition. Trustee, on the other hand, asserts he has engaged a broker and expects to sell the Property for the benefit of the Estate. No evidence has been provided to support Debtors' assertion. Debtors thus have failed to carry their burden to prove the Property is burdensome or of inconsequential value to the Estate. On the other hand, Trustee has established the property is likely to provide benefit to the Estate.
Appearances required.
Debtor(s):
James Avery Brisco Represented By
Marvin Maurice Oliver
Joint Debtor(s):
Linsey Lee Brisco Represented By
Marvin Maurice Oliver
11:00 AM
Trustee(s):
Jeffrey I Golden (TR) Pro Se
11:00 AM
Adv#: 8:18-01064 Luminance Health Group, Inc. v. Castanon
CONT'D PRE-TRIAL 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)
(PTC set per Scheduling Order Entered 9/17/18) FR: 6-21-18; 7-11-18; 9-12-18; 9-19-18
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
11:00 AM
Kyra E Andrassy
11:00 AM
Hearing RE: Chapter 7 Trustee's Motion For An Order: (1) Approving The Trustee's Motion For Order Approving Compromise Of Controversy Regarding Recovery Of Membership Interests In Orange County Properties LLC Pursuant To FRBP 9019; (2) Authorizing The Trustee To Use Property Of The Estate In The Form Of A 100% Membership Interest In Orange County Properties LLC Outside The Ordinary Course Of Business Pursuant To Section 363 To Execute Corporate Member Resolutions Of Orange County Properties LLC To Replace The Manager Of Orange County Properties LLC And Complete The Pending Sale Of The Commercial Real Property Owned by Orange County Properties LLC
(Motion filed 5/17/19)
Docket 185
Tentative for 6/12/19 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):
Brooks T Morgan Represented By
Catherine Christiansen
Trustee(s):
Thomas H Casey (TR) Represented By Thomas H Casey Jeffrey I Golden
12:00 PM
Evidentiary hrg. on Debtor and Debtor's spouse for order withdrawing mutual waiver of right to claim state exemptions
EH
(Date and time okay'd by Chambers)
Docket 34
- NONE LISTED -
Debtor(s):
Thomas John Forrest Represented By Michael F Chekian
Trustee(s):
Larry D Simons (TR) Represented By Wesley H Avery
10:00 AM
Motion for relief from stay [Real Property]
JPMorgan Chase Bank, National Association vs. DEBTORS (Motion filed 5/21/19)
[RE: 2126 North Grandview Road, Orange, CA 92867]
Docket 124
Tentative for 6/13/19 is to DENY:
The Court cannot grant relief from the stay as the stay does not apply to this property. See, e.g., §362(c)(1). This property is not property of the estate; it was abandoned pursuant to an order entered 8/30/19 [Dk. 101].
The Court has determined that this matter is appropriate for disposition without a hearing. No hearing will be held.
Movant is to lodge an order within seven (7) days.
Debtor(s):
Bradley B Mugar Represented By Parisa Fishback John Edwards
Joint Debtor(s):
Susan E Mugar Represented By Parisa Fishback John Edwards
10:00 AM
Trustee(s):
Richard A Marshack (TR) Represented By Michael G Spector
10:00 AM
Motion for relief from stay [Real Property]
HSBC Bank USA, National Association, As Trustee, In Trust For The Registered Holders Of ACE Securities Corp. Home Equity Loan Trust, Series 2007-WM1,
Asset Backed Pass-Through Certificates vs. DEBTOR (Motion filed 4/18/19)
(Amended Notice of Motion filed 5/20/19)
[RE: 78236 Calle Las Ramblas, La Quinta, CA 92253]
Docket 123
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. The Court has determined that this matter is appropriate for disposition without a hearing. No hearing will be held.
Movant to lodge an order within seven (7) days.
Debtor(s):
Tim M McKenna Represented By Michael G Spector
Trustee(s):
Jeffrey I Golden (TR) Represented By Ryan W Beall Reem J Bello
10:00 AM
Motion for relief from stay [Personal Property]
Toyota Motor Credit Corporation vs. DEBTOR (Motion filed 4/12/19)
[RE: 2013 Toyota Prius - VIN No.: JTDKN3DP7D3042155]
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. The Court has determined that this matter is appropriate for disposition without a hearing. No hearing will be held.
Movant to lodge an order within seven (7) days.
Debtor(s):
Micheal Powe Represented By Alon Darvish
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
Motion for relief from stay [Personal Property]
San Diego County Credit Union vs. DEBTOR (Motion filed 4/16/19)
[RE: 2013 Infinity JX - VIN No.: 5N1AL0MN9DC310519]
Docket 8
- NONE LISTED -
Debtor(s):
Holly Jo Havlik Represented By James P Doan
Trustee(s):
Karen S Naylor (TR) Pro Se
10:00 AM
Motion for relief from stay [Personal Property]
Financial Services Vehicle Trust vs. DEBTOR (Motion filed 5/3/2019)
[RE: 2016 BMW 3 Series 340i xDrive Sedan 4D] [VIN No.: WBA8B7G5XGNT96052]
Docket 10
- NONE LISTED -
Debtor(s):
Douglas Kyle Morgen Represented By Joseph A Weber
Trustee(s):
Thomas H Casey (TR) Pro Se
10:00 AM
Motion for relief from stay [Personal Property]
ACAR Leasing LTD d/b/a GM Financial Leasing vs. DEBTOR (Motion filed 4/30/19)
[RE: 2018 GMC Terrain AWD - VIN No.: 3GKALXEXXJL298737]
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. The Court has determined that this matter is appropriate for disposition without a hearing. No hearing will be held.
Movant to lodge an order within seven (7) days.
Debtor(s):
Robert A. Carranza Represented By Christian T Spaulding
Trustee(s):
Karen S Naylor (TR) Pro Se
10:00 AM
Motion for relief from stay [Real Property]
HSBC Bank USA, National Association As Trustee For Merrill Lynch Mortgage Investors, Inc., Mortgage Pass-Through Certificates, MANA Series 2007-AF1 As Serviced By Nationstar Mortgage LLC d/b/a Mr. Cooper vs. DEBTOR
(Motion filed 5/21/19)
[RE: 25414 Wharton Drive, Stevenson Ranch, CA, 91381]
Docket 9
Grant pursuant to 11 U.S.C. § 362(d)(1), § 362(d)(2) 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 submitted evidence of a scheme to delay, hinder or defraud, involving the transfer of an interest in the property without Movant's consent.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. The Court has determined that this matter is appropriate for disposition without a hearing. No hearing will be held.
Movant to lodge an order within seven (7) days.
10:00 AM
Debtor(s):
Charles Samih Boula Pro Se
Trustee(s):
Weneta M Kosmala (TR) Pro Se
10:00 AM
Motion for relief from stay [Personal Property]
VW Credit, Inc. vs. DEBTOR (Motion filed 4/22/19)
[RE: 2016 Audi A7 - VIN No.: WAU2GAFC5GN195583]
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. The Court has determined that this matter is appropriate for disposition without a hearing. No hearing will be held.
Movant to lodge an order within seven (7) days.
Debtor(s):
Justin Hyde Pro Se
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
Motion for relief from stay [Unlawful Detainer]
Ridgecrest Partners L.P. vs. DEBTOR (Motion filed 5/7/19)
[RE: 21372 Lake Forest Drive, #B, Lake Forest, CA 92630]
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. The Court has determined that this matter is appropriate for disposition without a hearing. No hearing will be held.
Movant to lodge an order within seven (7) days.
Debtor(s):
Keith M. Trombetta Represented By Joseph M Tosti Scott Andrews
Trustee(s):
Jeffrey I Golden (TR) Pro Se
10:00 AM
Hearing RE: Motion for relief from stay [Personal Property]
Honda Lease Trust vs. DEBTOR; And Richard A. Marshack, Chapter 7 Trustee (Motion filed 5/13/19)
[RE: 2017 Honda Accord - VIN No.: 1HGC R2F5 3HA2 94082]
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. The Court has determined that this matter is appropriate for disposition without a hearing. No hearing will be held.
Movant to lodge an order within seven (7) days.
Debtor(s):
Jessica Gomez Represented By Chris T Nguyen
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
VBAS Properties, Inc. vs. DEBTOR (Motion filed 5/23/19)
[RE: 100 W. Coast Highway, Suite 103, Newport Beach CA 92663]
Docket 7
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.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. The Court has determined that this matter is appropriate for disposition without a hearing. No hearing will be held.
Movant to lodge an order within seven (7) days.
Debtor(s):
Vibes Hot Yoga LLC Represented By
James D. Hornbuckle
Trustee(s):
Karen S Naylor (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;
5-3-18; 11-29-18
Docket 1
- NONE LISTED -
Debtor(s):
ISC8 Inc. Represented By
Robyn B Sokol Susan K Seflin David Seror Jessica L Bagdanov
11:00 AM
CONT'D Hearing RE: Seventh Omnibus Motion For Order Disallowing Claims: (Motion filed 3/1/19)
Claim No. 38 | James Hernandez | $113,341.00 |
Claim No. 59 | James Hernandez | $1,000,000.00 |
FR: 4-18-19 | Docket 578 |
Tentative for 6/13/19 is to GRANT.
The Court continued this hearing to permit Debtor to supply supplemental evidence in support of its claim objection. The Court has received and reviewed the Declaration of Thomas H. Casey filed on June 5, 2019 [Dk. 716], and will GRANT the Motion.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required as the Court has determined that the matter can be determined without a hearing. No hearing will occur.
Movant to lodge an order within seven (7) days.
************************************************************************************ Tentative for 4/18/19 is to CONTINUE to June 13, 2019, at 11:00 a.m., to allow Movant to submit supplemental evidence.
The only evidence in support of this claim objection is the declaration of Mirco J. Haag, which provides at ¶4:
At my direction, a member of my staff communicated and worked
11:00 AM
with Debtor’s counsel to determine the validity and extent of all of the claims at issue in this case. It is my understanding that the claims by Mr. Hernandez were discussed, in an effort to better understand objectionable claims. Neither Debtor nor Debtor’s counsel provided support for Mr. Hernandez’s claims.
This is insufficient.
Appearances for the 4/18/19 hearing are 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 Hearing RE: Motion Of The Litigation Trustee For Order Disallowing Filed Claim 2-2 Of Orange County Tax Collector As Not An Obligation Of The Debtor (Motion filed 2/28/19)
Claim No. 2-2Orange County Tax Collector $13,224.78 FR: 4-18-19
Docket 568
Tentative for 6/13/19 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required as the Court has determined that the matter can be determined without a hearing. No hearing will occur.
Movant to lodge an order within seven (7) days.
************************************************************************************ Tentative for 4/18/19 is to CONTINUE to June 13, 2019, at 11:00 a.m., to allow Movant to effect proper service on claimant.
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." FRBP 7004(b)(6) requires that a "state or municipal corporation or other governmental organization thereof" must be served "to the person or office upon whom process is prescribed to be served by the law of the state in which service is made." Where the address listed on the proof of claim
11:00 AM
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.
It appears that Claimant was not served with either the Notice or Objection in accordance with FRBP 7004. Movant must properly serve claimant with the Objection and notice of the Objection and continued hearing date in accordance with LBR 3007-1(b), and file the appropriate notice and/or proof of service.
Appearances are excused for 4/18/19.
Debtor(s):
California Hispanic Commission on Represented By
Michael R Totaro Linda F Cantor ESQ Victoria Newmark Nancy S Goldenberg
11:00 AM
Hearing RE: Application By Chapter 11 Trustee To Employ Channel Marketing Resources, Inc. As Financial Advisor
(Motion filed 4/23/19)
Docket 165
- NONE LISTED -
Debtor(s):
Kendall Frozen Fruits, Inc. Represented By Steven Werth David S Kupetz
Trustee(s):
Howard B Grobstein (TR) Represented By David Wood
Matthew Grimshaw
11:00 AM
Hearing RE: Debtor's Second Application For Order Authorizing Employment Of Channel Marketing Resources, Inc. As Financial Advisor
(Motion filed 4/23/19)
.
Docket 168
NONE LISTED -
Debtor(s):
Kendall Frozen Fruits, Inc. Represented By Steven Werth David S Kupetz
Trustee(s):
Howard B Grobstein (TR) Represented By David Wood
Matthew Grimshaw
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 11/5/18)
FR: 12-20-18; 1-24-19; 2-7-19; 3-5-19; 3-7-19
Docket 1
Tentative for 6/13/19 is to set a continued status conference date of September 19, 2019 at 11:00 a.m. with a status report due 14 days in advance.
Appearances are excused. No hearing will occur.
****************************************************************************
Tentative for 3/07/19 is to set a continued status conference date of June 27, 2019 at 11:00 a.m. with a status report due 14 days in advance.
Appearances required.
****************************************************************************** Tentative for 2/07/19 is to set a continued status conference on April 18, 2019 at 11:00 a.m. A status report is due 14 days in advance.
Debtor is also instructed to lodge a scheduling order setting forth the dates and deadlines established at the 1/24/19 status conference.
**************************************************************************** Tentative for 1/24/19 is to set the following dates/deadlines:
Deadline for filing a plan and disclosure statement: March 5, 2019. See Status Report filed 12/6/18 [Dk. 60], pg. 9:15-18. Note: the failure to timely file a plan and disclosure statement may result in the conversion or dismissal of the
11:00 AM
case.
Claims Bar Date: March 29, 2019 with notice to be served by January 28, 2019.
Continued status conference: April 18, 2019 at 11:00 a.m. A status report is due 14 days in advance.
Appearances required.
***************************************************************************** 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
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 11/21/18) FR: 1-10-19
Docket 1
Tentative for 6/13/19:
The Court has received and reviewed the status report filed on May 30, 2019 [Dk. 49], and will CONTINUE this matter to July 18, 2019, at 11:00 a.m. to coincide with the hearing on the disclosure statement.
Appearances are excused. No hearing will occur.
**************************************************************************** Tentative for 1/10/19 is to set the following dates/deadlines:
May 20, 2019: Last date to file a plan and disclosure statement.
March 15, 2019: Last date to file claims ("Claims Bar Date").
January 14, 2019: Last date for Debtor to serve notice of the Claims Bar Date.
April 15, 2019: Last date to file objections to claim.
April 15, 2019: Last date to file avoidance actions.
The Debtor is specifically advised that the failure to timely file a plan or disclosure statement may result dismissal or conversion.
11:00 AM
Appearances required.
Debtor(s):
Progressive Solutions, Inc. Represented By Lewis R Landau
11:00 AM
STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2)
Requiring Status Report (Petition filed 4/15/19)
Docket 1
NONE LISTED -
Debtor(s):
The Brandywine Trust Dated August Represented By
Simon Aron
10:00 AM
Ghidotti Berger LLP - movant attorney Motion for Relief from Stay
U.S. Bank Trust N.A. vs. DEBTOR (Motion filed 5/14/18)
RE: 10450 Balsa Street, Rancho Cucamonga, CA 91730 EH
(Tele. appr. Kristin Zilberstein, rep. creditor, US Bank Trust)
Docket 65
Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(4) with 4001(a)(3) waiver.
The Court notes the Limited Opposition filed by Debtor on June 4, 2019 [Dk. 69] in which Debtor testifies that he does not have, nor has he ever had, an interest in the subject property.
Appearances are excused. Movant to lodge an order within seven (7) days.
Debtor(s):
Oscar Sanchez Represented By Douglas A Plazak
Movant(s):
U.S. Bank Trust N.A. Represented By
Kristin A Zilberstein
10:00 AM
Trustee(s):
John P Pringle (TR) Represented By Toan B Chung
10:00 AM
Barrett Daffin Frappier Treder & Weiss, LLP - movant attorney Motion for Relief from Stay
The Bank of New York Mellon vs. DEBTOR (Motion filed 12/10/18)
(Cont. from 4/16/19)
Re: 45251 Saint Tisbury Street, Temecula, CA 92592 EH
(Tele. appr. Darlene Vigil, rep. creditor, The Bank of New York Mellon)
Docket 29
- NONE LISTED -
Debtor(s):
Cecil Jerry Edens Jr Represented By Joseph A West
Movant(s):
The Bank of New York Mellon, Represented By Darlene C Vigil
Trustee(s):
John P Pringle (TR) Represented By Toan B Chung
10:00 AM
L/O Austin P. Nagel - movant attorney Motion for Relief from Stay
Toyota Motor Credit Corporation vs. DEBTORS (Motion filed 5/22/19)
RE: 2018 Toyota C-HR
EH
(Tele. appr. Austin P. Nagel, rep. creditor, Toyota)
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):
John Howard Slater Represented By Brian J Soo-Hoo
Joint Debtor(s):
Selene Novelo Represented By Brian J Soo-Hoo
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
29605 Solana Way, LLC vs. DEBTORS (Motion filed 5/30/19)
Re: 29605 Solana Wy. #K-2, Temecula, CA 92591 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):
Ericka Monique Scott Represented By Eugene A Ahtirski
Joint Debtor(s):
Charles Christopher Ken Scott Represented By Eugene A Ahtirski
10:00 AM
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Idin Kashefipour, Esq.- movant attorney Motion for Relief from Stay
Metroll, Inc. vs. DEBTOR (Motion filed 6/12/19)
Re: 15435 Arrow Route, Building B, Fontana, CA 92335 EH
(Advanced from 7/16/19 calendar)
(Tele. appr. Idin Kashefipour, rep. creditor, Metroll, Inc.)
Docket 10
Tentative for 6/25/19 is to CONTINUE to July 16, 2019 at 10:00 a.m. to allow Movant to effectuate proper service. Debtor was not served with the motion, as required by LBR 4001-1(c)(1)(C)(i).
Once service is corrected, the Court is inclined to grant pursuant to § 362(d)
(1) but deny the request for extraordinary relief as Movant has not demonstrated that such relief is warranted.
Appearances required.
Debtor(s):
ASR Powder Coatings, LLC Represented By
10:00 AM
Trustee(s):
Keith Q Nguyen
Todd A. Frealy (TR) Pro Se
11:00 AM
Hrg. on Debtors' Motion filed 5/31/19 to Reopen Chapter 7 Case EH
Docket 23
- NONE LISTED -
Debtor(s):
Ronald Andre Brown Represented By Brian J Soo-Hoo
Joint Debtor(s):
Tarina Shauane Brown Represented By Brian J Soo-Hoo
Trustee(s):
Lynda T. Bui (TR) Pro Se
11:00 AM
Hrg. on Trustee's Final Report; Application for Compensation EH
Docket 0
Tentative for 6/25/19 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):
Lisa Ledezma Represented By Paul Y Lee
Trustee(s):
John P Pringle (TR) Represented By Caroline Djang
11:00 AM
Hrg. on Trustee's Final Report; Application for Compensation EH
Docket 0
Tentative for 6/25/19 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):
Mark Wolodymyr Perekrest Represented By Robert L Firth
Trustee(s):
John P Pringle (TR) Pro Se
11:00 AM
Hrg. on Approval of Trustee's Final Report and Applications for Compensation
(Hearing includes (1) Application for Compensation First and Final Fee Application of Goe & Forsythe, LLP; Period: 3/12/2018 to 3/26/2019, Fees:
$40,491.50; expenses $659.06 and (2) the Final Fee Application for Karl T. Anderson; Fee: $3,887.50; Expenses: $432.39; Period: 8/29/2018 to 12/28/2018)
EH
Docket 0
Tentative for 6/25/19 is to APPROVE as follows:
The Court has reviewed the Trustee's Final Report, including the fee applications of Karl T. Anderson and Goe & Forsythe, and all pleadings related thereto and the evidence contained therein.
The Court overrules all objections to the Application of Goe & Forsythe and will approve as modified by the Stipulation with the United States Trustee. The Court also approves the final report, including the fee application of Karl
T. Anderson, as requested.
Appearances required.
Debtor(s):
Francis A Pignone Represented By
David A Akintimoye
Joint Debtor(s):
Maria Haydee Pignone Represented By
David A Akintimoye
11:00 AM
Trustee(s):
Steven M Speier (TR) Represented By Robert P Goe
11:00 AM
Hrg. on Application for Compensation First And Final Fee Application Of Goe & Forsythe, LLP; Period: 3/12/2018 to 3/26/2019, Fee: $40,491.50, Expenses:
$659.06
EH
Docket 124
- 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 chapter 7 trustee's Motion filed 1/31/19 Objecting To Debtors Claim Of Exemption In Lockheed Martin Stock Pursuant To CCP § 704.115
EH
(Cont. from 3/5/19)
Docket 26
- NONE LISTED -
Debtor(s):
Lesa Dianne Beeler Represented By
Linda Roberts-Ross
Trustee(s):
Karl T Anderson (TR) Represented By Robert P Goe
Thomas J Eastmond
1:30 PM
Hrg on City of San Bernardino's Objection to Claims of Altheia Taylor (Proofs of Claims 144, 154, 231, and 410 Through 418)
EH
Docket 2832
Tentative for 6/25/19 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 Twentieth Omnibus Objection to Claim by Claimant Gilbert Aguilar, Rosa House, Eleuterio Navarro, Monica Rodriguez (Proof of Claim No. 149), Verizon / Notice of Twentieth Omnibus Objection and City of San Bernardino's Twentieth Omnibus Objection to Claims Where (1) the City Has No Liability or (2) Claimant Failed to Comply with the ADR Procedures
Docket 2835
Tentative for 6/25/19 is to GRANT.
With respect to Claimants Gilbert Aguilar, Eleuterio Navarro, Monica Rodriguez and Verizon, no opposition was filed. The Motion is granted with respect to these Claimants.
With respect to Claimant Rosa House, the Court has reviewed the Opposition filed by Ms. House on 6/12/19 [Dk. 2849], the City’s Reply filed 6/18/19 [Dk.
2855] and the declaration in support of the Reply [Dk. 2856], as well as all other related pleadings. The Court finds the Reply well-taken and will overrule the Opposition. As conceded by Ms. House, the matter settled, and she signed a short-form agreement. Ms. House thereafter refused to comply with the remainder of the applicable ADR procedures, failure of which constitutes a breach and subjects her claim to disallowance. The Motion is granted with respect to Ms. House's claim.
Appearances required.
Debtor(s):
City of San Bernardino, California Represented By
Paul R. Glassman Fred Neufeld Laura L Buchanan
1:30 PM
Hrg. on Chapter 11 Status Conference EH
(Tele. appr. Adam Lewis, rep. creditor, United Parcel Service) (Tele. appr. Michael Lubic, rep. creditor, Prologis LP)
Docket 0
Tentative for 6/251/19:
The Court will set dates/deadlines and is inclined to substantially adopt those proposed by Debtor in the status report filed June 6, 2019 [Dk. 73], as follows:
Deadline to file a Plan and Disclosure Statement: October 31, 2019. The failure to timely file a plan and disclosure statement may result in the dismissal or conversion of the case.
Claims Bar Date: September 1, 2019, with notice to be served by no later than June 30, 2019.
Deadline to File Objections to Claims: October 31, 2019
Continued Status Conference: November 19, 2019 at 1:30 p.m.
Debtor is to submit a scheduling order within seven days.
Appearances required.
1:30 PM
Debtor(s):
SIF Services, LLC Represented By Steven R Fox
1:30 PM
Hrg. on Debtor's Second Motion for Authority to Enter Into Critical Vendor Agreements with: 1. Double Chain, Inc,; 2. SLS Freight LLC; and 3. Ke Xin, Inc., dba Wakool Transport
EH
(Tele. appr. Adam Lewis, rep. creditor, United Parcel Service) (Tele. appr. Michael Lubic, rep. creditor, Prologis LP)
Docket 59
Tentative for 6/25/19:
Please be prepared to discuss actual monetary savings (actual amount of dollar savings, not percentages) over the next 3 to 6 months that will be obtained by authorizing prepetition payments to the critical vendors.
Appearances required.
Debtor(s):
SIF Services, LLC Represented By Steven R Fox
W. Sloan Youkstetter
1:30 PM
Hrg. on Debtors' Motion filed 6/4/19 to Modify Office of U.S. Trustee Guidelines Regarding Bank Accounts
EH
(Tele. appr. Adam Lewis, rep. creditor, United Parcel Service) (Tele. appr. Michael Lubic, rep. creditor, Prologis LP)
Docket 63
Tentative for 6/25/19 is to DENY.
The Court does not find the Debtor’s arguments compelling with respect to the Motion to Modify Office of Trustee Guidelines Regarding Bank Accounts (sic.). The U.S. Trustee has provided significant explanations as to why the Debtor’s Motion does not conform with the objectives of the Office of the U.S. Trustee to protect estate assets during a Chapter 11 Case.
Appearances required.
Debtor(s):
SIF Services, LLC Represented By Steven R Fox
W. Sloan Youkstetter Janis G Abrams
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 3/6/19) EH
Docket 1
Tentative for 6/26/19:
This matter is CONTINUED to August 14, 2019 at 1:30 p.m. A status report (whether joint or unilateral) is due 14 days in advance. Note: If Defendants have not sought a further appeal by this time, the Court will move forward with this case and expects the Parties to fully participate in the preparation of a meaningful joint status report.
Appearances are excused.
*************************************************************************** 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:
1:30 PM
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.
****************************************************************************** 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.
1:30 PM
***************************************************************************** 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
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
1:30 PM
Adv#: 6:18-01217 Liao v. Zhuang
PRE-TRIAL CONFERENCE re Complaint to determine non-dischargeability of debt; (1) False Pretenses, False Representations, or Actual Fraud; (2) Willful and Malicious Injury and (3) Non-Dischargeability of Debt
EH
Docket 1
- NONE LISTED -
Debtor(s):
Judy Zhuang Represented By
Todd L Turoci
Defendant(s):
Judy Zhuang Pro Se
Plaintiff(s):
Chih Ling Liao Represented By Sam X J Wu
Trustee(s):
Todd A. Frealy (TR) Pro Se
1:30 PM
Adv#: 6:19-01045 Daff, Chapter 7 Trustee v. Jimenez
STATUS CONFERENCE re: Complaint by Charles W. Daff, Chapter 7 Trustee against Rocio Jimenez - 542 turnover of property
(Cont. from 5/15/19)
EH
Docket 1
- NONE LISTED -
Debtor(s):
Luis Manuel Jimenez Represented By Brian J Soo-Hoo
Defendant(s):
Rocio Jimenez Pro Se
Plaintiff(s):
Charles W. Daff, Chapter 7 Trustee Represented By
Brandon J Iskander
Trustee(s):
Charles W Daff (TR) Represented By Brandon J Iskander Lynda T Bui
1:30 PM
Adv#: 6:19-01065 Speier, Chapter 7 Trustee v. Pont et al
STATUS CONFERENCE re: Complaint by Steven M Speier, Chapter 7 Trustee against Jeffrey Pont, Shantal Pont for: (1) Avoidance and Recovery of Fraudulent Transfers Pursuant to §§ 544, 548, 550 and CA Civ. Code §§ 3439.04, 3439.07; and (2) Preservation of Avoided and Recovered Transfers Pursuant to § 551.
Docket 1
Tentative for 6/26/19:
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: November 15, 2019. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: January 15, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
Pretrial conference: February 19, 2020 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 monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.
Plaintiff is to lodge a scheduling order within seven (7) days.
Debtor(s):
Raymond Richard Quinto, Jr. Represented By John D Faucher
1:30 PM
Defendant(s):
Jeffrey Pont Pro Se
Shantal Pont Pro Se
Plaintiff(s):
Steven M Speier, Chapter 7 Trustee Represented By
Robert P Goe Ryan S Riddles
Trustee(s):
Steven M Speier (TR) Represented By Robert P Goe
Elizabeth A LaRocque
1:30 PM
Adv#: 6:18-01065 Fawzy v. Garcia
Hrg. on Plaintiff's Motion in Limine to Exclude Evidence Not Admitted During The 2009 Trial (CV-2007-2123)
EH
Docket 40
Tentative for 6/26/19 is to DENY. All objections to evidence are preserved. The Court will rule on the merits of each objection as they arise at trial.
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
10:00 AM
Adv#: 8:19-01048 Marshack v. Queen Funding LLC
STATUS CONFERENCE Hearing RE: Complaint For:
Avoidance Of Preferential Transfers Pursuant To 11 U.S.C. Section 547;
Recovery Of Property Pursuant To 11 U.S.C. Section 550;
Preservation Of Avoided Transfers Pursuant To 11 U.S.C. Section 551;
Disallowance Of Claims Pursuant To 11 U.S.C. Section 502(d);
Turnover Of Property Of The Estates Pursuant To 11 U.S.C. Section 542;
Predatory Lending Pursuant To California Business And Professions Code Section 17200;
Equitable Subordination Of Claims Pursuant To 11 U.S.C. Section 510(c);
And
Declaratory Relief (Complaint filed 3/20/19)
Docket 1
Tentative for 6/26/19:
This matter is CONTINUED to September 18, 2019 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Defendant(s):
Queen Funding LLC Pro Se
10:00 AM
Plaintiff(s):
Richard A. Marshack Represented By Jeffrey I Golden
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen
Matthew Grimshaw
10:00 AM
Adv#: 8:19-01049 Marshack v. Richmond Capital Group
STATUS CONFERENCE Hearing RE: Complaint For:
Avoidance Of Preferential Transfers Pursuant To 11 U.S.C. Section 547;
Recovery Of Property Pursuant To 11 U.S.C. Section 550;
Preservation Of Avoided Transfers Pursuant To 11 U.S.C. Section 551;
Disallowance Of Claims Pursuant To 11 U.S.C. Section 502(d);
Turnover Of Property Of The Estates Pursuant To 11 U.S.C. Section 542;
Predatory Lending Pursuant To California Business And Professions Code Section 17200;
Equitable Subordination Of Claims Pursuant To 11 U.S.C. Section 510(c);
And
Declaratory Relief (Complaint filed 3/20/19)
Docket 1
- NONE LISTED -
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Defendant(s):
Richmond Capital Group Pro Se
Plaintiff(s):
Richard A. Marshack Represented By Jeffrey I Golden
10:00 AM
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen
Matthew Grimshaw
10:00 AM
Adv#: 8:19-01050 Marshack v. Yellowstone Capital West, LLC
STATUS CONFERENCE Hearing RE: Complaint For:
Avoidance Of Preferential Transfers Pursuant To 11 U.S.C. Section 547;
Avoidance Of Post-Petition Transfers Pursuant To 11 U.S.C. Section 549(a);
Recovery Of Property Pursuant To 11 U.S.C. Section 550;
Preservation Of Avoided Transfers Pursuant To 11 U.S.C. Section 551;
Disallowance Of Claims Pursuant To 11 U.S.C. Section 502(d);
Turnover Of Property Of The Estates Pursuant To 11 U.S.C. Section 542;
Predatory Lending Pursuant To California Business And Professions Code Section 17200;
Equitable Subordination Of Claims Pursuant To 11 U.S.C. Section 510(c);
And
Declaratory Relief (Complaint filed 3/20/19)
Docket 1
- NONE LISTED -
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Defendant(s):
Yellowstone Capital West, LLC Pro Se
Plaintiff(s):
Richard A. Marshack Represented By
10:00 AM
Trustee(s):
Jeffrey I Golden
Richard A Marshack (TR) Represented By
D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen
Matthew Grimshaw
10:00 AM
Adv#: 8:19-01051 Marshack v. Yes Funding Services LLC
STATUS CONFERENCE Hearing RE: Complaint For:
Avoidance Of Preferential Transfers Pursuant To 11 U.S.C. Section 547;
Recovery Of Property Pursuant To 11 U.S.C. Section 550;
Preservation Of Avoided Transfers Pursuant To 11 U.S.C. Section 551;
Disallowance Of Claims Pursuant To 11 U.S.C. Section 502(d);
Turnover Of Property Of The Estates Pursuant To 11 U.S.C. Section 542;
Predatory Lending Pursuant To California Business And Professions Code Section 17200;
Equitable Subordination Of Claims Pursuant To 11 U.S.C. Section 510(c);
And
Declaratory Relief (Complaint filed 3/20/19)
Docket 1
- NONE LISTED -
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Defendant(s):
Yes Funding Services LLC Pro Se
Plaintiff(s):
Richard A. Marshack Represented By Jeffrey I Golden
10:00 AM
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen
Matthew Grimshaw
10:00 AM
Adv#: 8:19-01005 JBP Services, P.C., a California Corporation et al v. Murphy
CONT'D STATUS CONFERENCE Hearing RE: Adversary Complaint For Determination That Debt Is Non-Dischargeable Pursuant To 11 U.S.C. Sections 523(a)(2)(A), (2)(B), And (19)
(Complaint filed 1/6/19) FR: 4-3-19
Docket 1
- NONE LISTED -
Debtor(s):
Michael David Murphy Represented By Daniel King
Defendant(s):
Michael David Murphy Pro Se
Joint Debtor(s):
Jennifer Lee Murphy Represented By Daniel King
Plaintiff(s):
JBP Services, P.C., a California Represented By Christian S Molnar
James B. Pickell Represented By Christian S Molnar
10:00 AM
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
Adv#: 8:19-01007 WJA Asset Management LLC et al v. Jordan et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Deny Community Property Discharge Under 11 U.S.C. Section 524(a)(3)
(Complaint filed 1/7/19)
(Another Summons issued 3-28-19) FR: 4-3-19
Docket 1
- NONE LISTED -
Debtor(s):
Tiphanie Jennifere Jordan Represented By Leonard M Shulman
Defendant(s):
William M Jordan Pro Se
Tiphanie Jennifere Jordan Pro Se
Plaintiff(s):
Secure California Income Fund LLC Represented By
Kyra E Andrassy
California Indexed Growth Fund Represented By
Kyra E Andrassy
CA Real Estate Opportunity Fund II Represented By
Kyra E Andrassy
10:00 AM
CA Real Estate Opportunity Fund I Represented By
Kyra E Andrassy
William Jordan Investments Inc Represented By Kyra E Andrassy
WJA Secure Income Fund LLC Represented By Kyra E Andrassy
WJA Secure Real Estate Fund LLC Represented By
Kyra E Andrassy
WJA Real Estate Opportunity Fund Represented By
Kyra E Andrassy
WJA Real Estate Opportunity Fund I Represented By
Kyra E Andrassy
WJA Express Fund LLC Represented By Kyra E Andrassy
Whirl Fund LLC Represented By Kyra E Andrassy
Urban Produce Fund LLC Represented By Kyra E Andrassy
TD Opportunity Fund LLC Represented By Kyra E Andrassy
CA Real Estate Opportunity Fund III Represented By
Kyra E Andrassy
Prosper Managed Fund LLC Represented By Kyra E Andrassy
PMB Managed Fund LLC Represented By Kyra E Andrassy
Luxury Asset Purchasing Represented By Kyra E Andrassy
Equity Indexed Managed Fund LLC Represented By
10:00 AM
Kyra E Andrassy
Clairton Residential Renewal LLC Represented By
Kyra E Andrassy
CA Whirl Fund LLC Represented By Kyra E Andrassy
CA See Jane Go Fund LLC Represented By Kyra E Andrassy
CA Express Fund LLC Represented By Kyra E Andrassy
Alabama Housing Fund LLC Represented By Kyra E Andrassy
5827 Winland Hills Drive Represented By Kyra E Andrassy
WJA Asset Management LLC Represented By Kyra E Andrassy
TD REO Fund LLC Represented By Kyra E Andrassy
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
ADVANCED Hearing RE: Chapter 11 Trustee's Motion For Order: Authorizing Sale Of Certain Customer Accounts; (A) Outside the Ordinary Course Of Business; (B) Free And Clear Of Interests; (C) Subject To Overbids
(Motion filed 6/3/19) FR: 6-27-19
Docket 191
Tentative for 6/26/19 is to GRANT.
Trustee is to conduct an auction.
Debtor(s):
Kendall Frozen Fruits, Inc. Represented By Steven Werth David S Kupetz
Trustee(s):
Howard B Grobstein (TR) Represented By David Wood
Matthew Grimshaw
10:00 AM
CONT'D Motion for relief from stay [Personal Property]
Fifth Third Bank vs. DEBTOR (Motion filed 5/30/19)
[RE: 2013 Hyundai Tucson] FR: Advanced from 6-27-19
Docket 8
Grant pursuant to 11 U.S.C. § 362(d)(1) with 4001(a)(3) waiver. The request for relief pursuant to 11 U.S.C. § 362(d)(2) is denied as Movant has provided no evidence regarding equity.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Alexander Farzin Saad Represented By Alan A Pace
Trustee(s):
Richard A Marshack (TR) Pro Se
11:00 AM
Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses:
(Final Report filed 5/16/19)
[RE: RICHARD A. MARSHACK, Chapter 7 Trustee] [Fees: $32,197.76; Expenses: $625.28]
[RE: MARSHACK HAYS LLP - Attorneys For Chapter 7 Trustee] [Fees: $497,442.50; Expenses: $34,696.42]
[RE: SMILEY WANG-EKVALL LLP - Attorney For Chapter 7 Trustee] [Fees: $6,160.35; Expenses: $0.00]
[RE: SHULMAN HODGES & BASTIAN LLP - Attorneys For Chapter 7 Trustee]
[Fees: $11,054.84; Expenses: $1,291.29]
[RE: GROBSTEIN TEEPLE LLP - Accountants For Chapter 7 Trustee] [Fees: $41,366.17; Expenses: $441.69]
[RE: BICHER & ASSOCIATES - Chapter 7 Trustee's Field Agent] [Fees: $9,595.49; Expenses: $1,243.63]
- APPLICATIONS FOR CHAPTER 11 FEES -
[RE: BLAKELEY LLP - Attorneys For Official Committee Of Unsecured Creditors]
[Fees: $123,190.99; Expenses: $0.00]
[RE: RINGSTAD & SANDERS LLP - Attorneys For Chapter 11 Debtors] [Fees: $275,902.32; Expenses: $1,183.98]
[RE: BSW & ASSOCIATES - Financial Advisors For Chapter 11 Debtors] [Fees: $2,532.50; Expenses: $0.00]
11:00 AM
Docket
1302
Tentative for 6/26/19 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):
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: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses:
(Final Report filed 5/16/19)
[RE: RICHARD A. MARSHACK, Chapter 7 Trustee] [Fees: $19,302.43; Expenses: $358.16]
[RE: MARSHACK HAYS LLP - Attorneys For Chapter 7 Trustee] [Fees: $170,558.00; Expenses: $2,402.98]
[RE: SHULMAN HODGES & BASTIAN LLP - Attorneys For Chapter 7 Trustee]
[Fees: $6,846.31; Expenses: $0.00]
[RE: SMILEY WANG-EKVALL LLP - Attorneys For Chapter 7 Trustee] [Fees: $3,416.10; Expenses: $0.00]
[RE: GROBSTEIN TEEPLE LLP - Accountants For Chapter 7 Trustee] [Fees: $31,698.00; Expenses: $441.69]
[RE: BICHER & ASSOCIATES - Chapter 7 Trustee's Field Agent] [Fees: $52,511.53; Expenses: $0.00]
- APPLICATIONS FOR CHAPTER 11 FEES -
[RE: RINGSTAD & SANDERS LLP - Attorneys For Chapter 11 Debtors] [Fees: $275,905.32; Expenses: $1,183.98]
[RE: LANAK & HANNA, P.C. - Attorneys For Chapter 11 Debtors] [Fees: $6,750.00; Expenses: $0.00]
[RE: SULLIVAN HILL REZ & ENGEL APLC - Attorneys For Chapter 11 Debtors]
[Fees: $7,940.00; Expenses: $268.13]
11:00 AM
[RE: BLAKELEY LLP - Attorneys For Official Committee Of Unsecured Creditors]
[Fees: $123,190.99; Expenses: $0.00]
[RE: BSW & ASSOCIATES - Financial Advisors For Chapter 11 Debtors] [Fees: $2,532.50; Expenses: $0.00]
Docket 62
Tentative for 6/26/19 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):
DRI Commercial Corporation Represented By Todd C. Ringstad
Trustee(s):
Richard A Marshack (TR) Represented By Chad V Haes
D Edward Hays
Shulman Hodges & Bastian LLP
11:00 AM
Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses:
(Final Report filed 5/16/19)
[RE: RICHARD A. MARSHACK, Chapter 7 Trustee] [Fees: $4,730.56; Expenses: $70.00]
[RE: SHULMAN HODGES & BASTIAN LLP - Attorneys For Chapter 7 Trustee]
[Fees: $848.85; Expenses: $0.00]
[RE: SMILEY WANG-EKVALL, LLP - Attorneys For Chapter 7 Trustee] [Fees: 423.55; Expenses: $0.00]
[RE: BICHER & ASSOCIATES - Chapter 7 Trustee's Field Agent] Fees: $139.98; Expenses: $0.00]
- APPLICATIONS FOR CHAPTER 11 FEES -
[RE: RINGSTAD & SANDERS LLP - Attorneys For Chapter 11 Debtors] [Fees: $275,905.32; Expenses: $1,183.98]
[RE: BLAKELEY LLP - Attorneys For Official Committee Of Unsecured Creditors]
[Fees: $123,190.99; Expenses: $0.00]
[RE: BSW & ASSOCIATES - Financial Advisors For Chapter 11 Debtors] [Fees: $2,532.50; Expenses: $0.00]
Docket 47
11:00 AM
Tentative for 6/26/19 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):
DRI Residential Corporation Represented By Todd C. Ringstad Brian R Nelson
Trustee(s):
Richard A Marshack (TR) Represented By Chad V Haes
D Edward Hays
Shulman Hodges & Bastian LLP
11:00 AM
Hearing RE: Motion For Order Approving Asset For Purchase, Sale And Assignment Of Certain Claims Agreement And Authorizing The Sale Of The Estate's Interest In Claims Pursuant To 11 U.S.C. Section 363(b)
(Motion filed 5/30/19)
Docket 83
Tentative for 6/26/19:
The Court has reviewed the Chapter 7 Trustee’s Motion filed on 5/30/2019 [Dk. 83], Bank of America’s Opposition filed on 6/12/19 [Dk. 87], and the Trustee’s reply filed on 6/19/19 [Dk. 88]. The Court has discretion to approve a Motion for Sale without overbidding so long as it is convinced that "optimal value is realized by the estate under the circumstances." In re Lahijani, 325
B.R. 282, 288 (B.A.P. 9th Cir. 2005). "The position of the trustee is afforded deference, particularly where business judgment is entailed in the analysis." Id. at 289. The Trustee has represented that this sale is in the best interest of the estate, allowing "the Estate the opportunity to benefit from the Assigned Claims, while not being forced to litigate the claims in state court." (Marshack Decl. 4). Bank of America has not convinced this Court that approval of this Sale without overbids will prevent the estate from realizing its most optimal benefit, such that it should question the Trustee’s business judgment. The Bankruptcy Court is not authorized or inclined to take actions designed to limit Bank of America’s exposure to any litigation. That mission is not in the purview of the Court’s mission. Accordingly, the Court is inclined to overrule Bank of America’s objection and approve the Trustee’s Motion for Sale.
Appearances required.
Debtor(s):
Michael Louis Hollander Represented By
11:00 AM
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
Dennise S Henderson
11:00 AM
Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses:
(Final Report filed 5/22/19)
[RE: JEFFREY I. GOLDEN - Chapter 7 Trustee] [Fees: $11,609.05; Expenses: $968.16]
[RE: LOBEL WEILAND GOLDEN FRIEDMAN LLP - Attorney for Trustee] [Fees: $15,375.00; Expenses: $195.92]
[RE: HAHN FIFE & COMPANY LLP - Accountant For Trustee] [Fees: $2,688.00; Expenses: $422.00]
[RE: IMS - Field Agent for Trustee] [Fees: $4,935.22; Expenses: $1,931.61]
Docket 111
Tentative for 6/26/19 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):
PCA Aerostructures Company Represented By Mark S Horoupian
11:00 AM
Trustee(s):
Jeffrey I Golden (TR) Represented By Christopher J Green Reem J Bello
Beth Gaschen
11:00 AM
Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses:
(Final Report filed 5/17/19)
[RE: RICHARD A. MARSHACK - Chapter 7 Trustee] [Fees: $5,752.00; Expenses: $254.05]
[RE: DONALD W. SIEVEKE - Attorney For Chapter 7 Trustee] [Fees: $35,460.00; Expenses: $459.13]
[RE: HAHN FIFE & COMPANY LLP - Accountant For Chapter 7 Trustee] [Fees: $1,000.00; Expenses: $0.00]
Docket 87
Tentative for 6/26/19 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 A. Farino Represented By Joseph A Weber
11:00 AM
Trustee(s):
Richard A Marshack (TR) Represented By Donald W Sieveke
11:00 AM
Hearing RE: Motion To Stay Claim Objection Proceedings Pending District Court Decision On Motion To Withdraw Reference
(Motion filed 5/29/19) (OST Denied 5/30/19)
Docket 60
- NONE LISTED -
Debtor(s):
Stephen Matthew Huerth Represented By Michael Jones Sara Tidd
Joint Debtor(s):
Laura Elizabeth Huerth Represented By Michael Jones Sara Tidd
Trustee(s):
Richard A Marshack (TR) Represented By Michael Jones Leslie K Kaufman
11:00 AM
CONT'D Hearing RE: First Interim Application For Allowance Of Fees And Reimbursement Of Expenses For The Period From December 4, 2018 Through March 9, 2019
(Application filed 3/11/19)
[RE: CHRISTIANSEN LAW OFFICES, PC - General Bankruptcy Counsel For Debtor And Debtor-In-Possession]
[Fees: $63,945.00; Expenses: $3,401.96]
FR: 4-4-19; 5-1-19
Docket 110
- NONE LISTED -
Debtor(s):
Brooks T Morgan Represented By
Catherine Christiansen
11:00 AM
Hearing RE: First Interim Application For Allowance And Payment Of Fees And Reimbursement Of Expenses For The Period From February 1, 2019 Through May 31, 2019
(Application filed 6/5/19)
[RE: WEILAND GOLDEN GOODRICH, LLP - Attorneys For Chapter 7 Trustee]
[Fees: $20,425.00; Expenses: $76.20]
Docket 47
Tentative for 6/26/19 is to APPROVE as follows:
The Court will approve, on an interim basis, $17,900.00 in fees and $76.20 in expenses. The disallowed amounts relate to time expended in connection with employment applications. 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 applications were not routine, which remains a trustee duty. Id.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, 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):
Lisa A. Henry Represented By
Kelly H. Zinser
Trustee(s):
Jeffrey I Golden (TR) Represented By Reem J Bello
10:00 AM
Hearing RE: Motion for relief from stay [Action in Non-Bankruptcy Forum]
Jacob van der Laan vs. DEBTOR (Motion filed 5/31/19)
[RE: Case Name: Jacob van der Laan vs. Nguyen et al.] [Docket Number: 30-2018-00971732-CU-BC-CJC]
[Pending In: Superior Court Of California, County Of Orange, Central Justice Center, Santa Ana]
Docket 66
Debtor(s):
Hung Nguyen Pro Se
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
Motion for relief from stay [Personal Property]
Fifth Third Bank vs. DEBTOR (Motion filed 5/30/19)
[RE: 2013 Hyundai Tucson]
Docket 8
Debtor(s):
Alexander Farzin Saad Represented By Alan A Pace
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
Motion for relief from stay [Personal Property]
Partners Federal Credit Union vs. DEBTORS (Motion filed 5/30/19)
[RE: 2011 Honda Civic - VIN 2HGFA1F52BH546394]
Docket 8
Debtor(s):
Michael Anthony Mendoza Represented By Brian J Soo-Hoo
Joint Debtor(s):
Ariana Rivera Mendoza Represented By Brian J Soo-Hoo
Trustee(s):
Karen S Naylor (TR) Pro Se
11:00 AM
CONT'D Hearing RE: Third Omnibus Motion For Order Disallowing The Claims Of Debtor's Employees Not Participants In Debtor's Employee Pension Plan (Motion filed 2/27/19)
Claim No. 57 Angelina Sharman $45,000.00 FR: 4-4-19; 5-15-19
Docket 504
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 Hearing RE: Fifth Omnibus Motion For Order Disallowing The Claims That Are Not Owed By The Debtor
(Motion filed 2/28/219)
Claim No. 26-1 General Electric Capital Corporation $86,702.95 FR: 4-4-19; 5-15-19
Docket 538
Debtor(s):
California Hispanic Commission on Represented By
Michael R Totaro Linda F Cantor ESQ Victoria Newmark Nancy S Goldenberg
11:00 AM
Hearing RE: Confirmation Of Joint Chapter 11 Plan Of Liquidation Of PMB Managed Fund, LLC, And Alabama Housing Fund, LLC
(Confirmation hearing set at D.S. hearing held 4/18/19)
Docket 813
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: Sixth And Final Application For Order Allowing Payment Of Fees On A Final Basis For WJA Express Fund, LLC, For the Period From April 11, 2019 Though June 5, 2019, And Final Allowance Of Previously Allowed Interim Fees
(Application filed 6/5/19)
[RE: MENCHACA & COMPANY LLP - Accountants For Debtors] [Fees: $2,280.00; Expenses: $0.00]
[Previously Allowed Fees: $15,998.25]
Docket 915
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: Fifth And Final Fee Application Only As To Debtor WJA Express Fund, LLC For The Period From May 18, 2018 Through April 21, 2019 (Application filed 6/6/19)
[RE: RUTAN & TUCKER, LLP - Special Counsel For Debtors and Debtors- In-Possession]
[Fees: $38,486.00; Expenses: $221.28]
Docket 919
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: Sixth And Final Application For Allowance And Payment Of Fees And Reimbursement Of Expenses For Debtor WJA Express, LLC, Only For The Period From April 7, 2019 Through April 21, 2019.
(Application filed 6/6/19)
[RE: SMILEY WANG-EKVALL, LLP - Attorney For Debtor And Debtor-In- Possession]
[Fees: $4,456.00; Expenses: $0.00]
Docket 917
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 7/24/18)
FR: 9-13-18; 9-20-18; 12-20-18; 3-21-19; 4-18-19
Docket 1
Debtor(s):
Tina Hong-Ngoc Trinh Represented By Michael Jones
11:00 AM
Hearing RE: Confirmation Of Chapter 11 Plan Of Reorganizaton (Plan Confirmation hearing set at D.S. hearing held 4/18/19)
FR: 4-18-19
Docket 43
Debtor(s):
Tina Hong-Ngoc Trinh Represented By Michael Jones Sara Tidd
11:00 AM
Hearing RE: Motion For Dismissal, Or In The Alternative, Conversion To Chapter 7
(Motion filed 5/31/19)
Docket 46
Debtor(s):
The Brandywine Trust Dated August Represented By
Simon Aron
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 4/15/19) FR: 6/13/19
Docket 1
Debtor(s):
The Brandywine Trust Dated August Represented By
Simon Aron
11:00 AM
Hearing RE: Chapter 11 Trustee's Motion For Order: Authorizing Sale Of Certain Customer Accounts; (A) Outside the Ordinary Course Of Business; (B)
Free And Clear Of Interests; (C) Subject To Overbids (Motion filed 6/3/19)
Docket 191
Debtor(s):
Kendall Frozen Fruits, Inc. Represented By Steven Werth David S Kupetz
Trustee(s):
Howard B Grobstein (TR) Represented By David Wood
Matthew Grimshaw
10:00 AM
Paul V. Reza - movant attorney Motion for Relief from Stay
SchoolsFirst Federal Credit Union vs. DEBTOR (Motion filed 6/8/19)
Re: 2014 Ford F-350, VIN 1FT8W3DT8EEA47570
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. The Court has determined that this matter is appropriate for disposition without a hearing. No hearing will occur.
Movant to lodge an order within seven (7) days.
Debtor(s):
Julie Nicole Barnes Represented By Stephen D Brittain
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 5/29/19)
Re: 2015 FORD FOCUS VIN 1FADP3F21FL206092
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. The Court has determined that this matter is appropriate for disposition without a hearing. No hearing will occur.
Movant to lodge an order within seven (7) days.
Debtor(s):
Ruby Ruvalcaba Represented By Keith Q Nguyen
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. DEBTORS, Larry D. Simons, trustee (Motion filed 5/30/19)
Re: 2018 CHEVROLET SILVERADO VIN 3GCPCPEC5JG133951
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. The Court has determined that this matter is appropriate for disposition without a hearing. No hearing will occur.
Movant to lodge an order within seven (7) days.
Debtor(s):
Juan Carlos Gallardo Represented By
James Geoffrey Beirne
Joint Debtor(s):
Yadira Gallardo Represented By
James Geoffrey Beirne
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
10:00 AM
Law Offices of Vincent V. Frounjian, P.C. - movant attorney Motion for Relief from Stay
American Honda Finance Corporation vs. DEBTOR, Lynda T. Bui, chapter 7 trustee
(Motion filed 6/11/19)
Re: 2017 HONDA ACCORD, VIN: 1HGC R2F1 7HA0 28951
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. The Court has determined that this matter is appropriate for disposition without a hearing. No hearing will occur.
Movant to lodge an order within seven (7) days.
Debtor(s):
MaryAnn Evers Pro Se
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Hrg. on Approval of Reaffirmation Agreement Between Debtor and Mechanics Bank in the amount of $8084.33
Re: 2013 Mazda3
Docket 10
- NONE LISTED -
Debtor(s):
Jennifer Lin Lewis Pro Se
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
Hrg. on Approval of Reaffirmation Agreement Between Debtor and Hyundai Motor Finance in the amount of $36,478.89
Re: 2017 Genesis G80
Docket 13
- NONE LISTED -
Debtor(s):
Jennifer Lin Lewis Pro Se
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
Hrg. on Approval of Reaffirmation Agreement Between Debtor and Ally Bank, in the amount of $12,196.95
Docket 14
- NONE LISTED -
Debtor(s):
Bradley Steven Wynne Represented By
Shumika T. R. Sookdeo
Joint Debtor(s):
Alicia Marie Torres-Wynne Represented By
Shumika T. R. Sookdeo
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Hrg. on Approval of Reaffirmation Agreement Between Debtor and Kia Motors Finance in the amount of $13,472.93
Re: 2016 Kia Soul
Docket 10
- NONE LISTED -
Debtor(s):
Michelle Therese Johnston-Swanson Represented By
Michael E Clark
Trustee(s):
Charles W Daff (TR) Pro Se
1:30 PM
Adv#: 6:18-01201 Turoci v. Mulvania
Hrg. on Defendant's Second Motion for Sanctions under Bankruptcy Rule 9011(c) against Todd L. Turoci and counsel
EH
Docket 48
- NONE LISTED -
Debtor(s):
Christopher John Mulvania Represented By
Bryant C MacDonald
Defendant(s):
Christopher John Mulvania Represented By Donald Reid Charity J Manee
Plaintiff(s):
Todd Turoci Represented By
Todd L Turoci
Trustee(s):
Larry D Simons (TR) Represented By Lynda T Bui Brandon J Iskander
1:30 PM
Adv#: 6:18-01201 Turoci v. Mulvania
Hrg. on Defendant's Motion filed 6/12/19 to Dismiss Adversary Proceeding EH
Docket 47
- NONE LISTED -
Debtor(s):
Christopher John Mulvania Represented By
Bryant C MacDonald
Defendant(s):
Christopher John Mulvania Represented By Donald Reid Charity J Manee
Plaintiff(s):
Todd Turoci Represented By
Todd L Turoci
Trustee(s):
Larry D Simons (TR) Represented By Lynda T Bui Brandon J Iskander
1:30 PM
Adv#: 6:18-01201 Turoci v. Mulvania
PRE-TRIAL CONFERENCE Re: Complaint by Todd Turoci against Christopher John Mulvania - §523(a)(2)(A), (B), §727(c),(d),(e)
EH
Docket 1
- NONE LISTED -
Debtor(s):
Christopher John Mulvania Represented By
Bryant C MacDonald
Defendant(s):
Christopher John Mulvania Pro Se
Plaintiff(s):
Todd Turoci Represented By
Todd L Turoci
Trustee(s):
Larry D Simons (TR) Pro Se
1:30 PM
Adv#: 6:18-01199 Gould v. Mulvania
PRE-TRIAL CONFERENCE re: Complaint by Scott C. Gould against Christopher John Mulvania - §523(a)(2)(A), § 727(c),(d),(e)
EH
Docket 1
- NONE LISTED -
Debtor(s):
Christopher John Mulvania Represented By
Bryant C MacDonald
Defendant(s):
Christopher John Mulvania Pro Se
Plaintiff(s):
Scott C. Gould Represented By Jeffrey J Hagen
Trustee(s):
Larry D Simons (TR) Pro Se
11:00 AM
Hearing RE: Chapter 7 Trustee's Motion For Order Approving Compromise Of Controversy Regarding Agreement Settling Occupancy Of Newport Beach Residence And Certain, Potential Trustee Causes Of Action Pursuant To Federal Rule Of Bankruptcy Procedure 9019
(Motion filed 6/7/19)
Docket 196
Tentative for 7/3/19 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):
Brooks T Morgan Represented By
Catherine Christiansen
Trustee(s):
Thomas H Casey (TR) Represented By Thomas H Casey Jeffrey I Golden
11:00 AM
Adv#: 8:19-01067 Van der Laan v. Nguyen
STATUS CONFERENCE Hearing RE: Complaint For Nondischargeability Of Debt Pursuant To 11 U.S.C. Section 523(a)(2)(A)
(Complaint filed 4/14/19)
Docket 1
Tentative for 7/3/19:
The Court has received and reviewed the status report filed 6/26/19 [Dk. 8], as well as the docket, and will CONTINUE this matter to September 18, 2019 at 11:00 a.m. to allow Plaintiff time to effectuate proper service. In addition to the defects noted on the Notices That Default was Not Entered filed by the clerk on June 27, 2019 [Dks. 12, 15], the Summons Service executed indicates only that the summons, notice of status conference, and notice of errata to the complaint were served on the Defendant - it does not indicate that the Complaint was served.
Appearances for the July 3, 2019 status conference are excused.
Debtor(s):
Hung Nguyen Represented By Alex L Benedict
Defendant(s):
Hung (Johnny) Nguyen Pro Se
Plaintiff(s):
Jacob Van der Laan Represented By Treg A. Julander John E Lattin
11:00 AM
Trustee(s):
Richard A Marshack (TR) Pro Se
11:00 AM
Adv#: 8:19-01070 Marshack v. Nguyen
STATUS CONFERENCE Hearing RE: Complaint To Deny Debtor's Discharge Per 11 U.S.C. Section 727
(Complaint filed 4/17/19)
Docket 1
Tentative for 7/3/19:
This matter is CONTINUED to July 17, 2019 at 11:00 a.m. to coincide with the hearing on the Trustee's motion for default judgment denying discharge.
Appearances are excused.
Debtor(s):
Hung Nguyen Represented By Alex L Benedict
Defendant(s):
Hung Nguyen Pro Se
Plaintiff(s):
Richard A Marshack Represented By Donald W Sieveke
Trustee(s):
Richard A Marshack (TR) Pro Se
11:00 AM
Adv#: 8:19-01069 OC West, LLC et al v. Lynch
STATUS CONFERENCE RE: Complaint For:
1. Nondischargeability Of Debt Pursuant To §§ 523(a)(2)(A), 523(a)(2)(B), 523(a)(4) and 523(a)(6);
2. Denial Of Discharge Pursuant To: §§ 727(a)(2)(A), 727(a)(2)(B), 727(a)(3), 727(a)(4)(A), 727(a)(4)(D), 727(a)(5), and 727(a)(12)(B); And
3. Unfair, Unlawful And Fraudulent Business Practice California Business And Professional Code Section 17200 et seq.
(Complaint filed 4/17/19)
Docket 1
Tentative for 7/3/19:
This matter is CONTINUED to July 17, 2019 at 10:00 a.m. to coincide with the hearing on the motion to dismiss. A status report is not required for this continued status conference.
Appearances are excused.
Debtor(s):
Thomas Joseph Lynch JR Represented By Patrick OKennedy
Defendant(s):
Thomas Joseph Lynch Pro Se
Plaintiff(s):
OC West, LLC Represented By Baruch C Cohen
Liberty Financial USA, LCC Represented By
11:00 AM
Baruch C Cohen
Liberty Debt Solution, LLC Represented By Baruch C Cohen
Trustee(s):
Karen S Naylor (TR) Pro Se
11:00 AM
Hearing RE: Debtor And Debtor-In-Possession's Emergency Motion For Order:
Honoring Pre-Petition Payroll Obligations And (2) Authority To Continue Employee Compensation And Payroll Obligations In The Ordinary Course Of Business
(Motion filed 7/1/19)
Docket 7
Tentative for 7/3/19:
The Court is inclined to GRANT the Motion to pay prepetition non-insider wage claims (including insurance and Paychex fees). Payment of post- petition wages is in the ordinary course of business, and no court order is required. With respect to wage payments, no insiders shall be paid pursuant to this order; however, ordinary and usual medical benefits may be paid on behalf of any insider, once the insider has been identified to the Court.
Paychex is authorized to continue its services to the Debtor-in-Possession in the ordinary course of business.
Prior to the hearing, the Debtor-in-Possession must submit the actual names of all insider and non-insider employees and amounts owed prepetition that are sought to be paid through this Motion.
Appearances required. Oppositions and any reply may be presented at the hearing.
Debtor(s):
Lightning Technology, Inc. Represented By Bert Briones
10:00 AM
Malcolm Cisneros - movant attorney Motion for relief from stay
Freedom Mortgage Corporation vs DEBTORS (Motion filed 6/24/19)
Re: 15018 Vista VW, Lake Elsinore, CA 92530-7212 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):
Michael August Simas Represented By
M. Wayne Tucker
Joint Debtor(s):
Stephani D. Shambaugh-Simas Represented By
M. Wayne Tucker
10:00 AM
Trustee(s):
Karl T Anderson (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 6/20/19)
Re: 2016 CHEVROLET SUBURBAN VIN 1GNSCHKC6GR483545
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):
Porsha John Represented By
Kevin Tang
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
Bonial & Associates PC - movant attorney Motion for relief from stay
Toyota Motor Credit Corporation vs DEBTORS (Motion filed 6/21/19)
RE: 2017 TOYOTA CAMRY
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):
David Villanueva Represented By William J Howell
Joint Debtor(s):
Monica I Villanueva Represented By William J Howell
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; Howard B. Grobstein, Trustee (Motion filed 6/12/19)
RE: 2018 NISSAN ALTIMA VIN 1N4AL3AP3JC135245
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):
Crabrill C Williams Pro Se
Trustee(s):
Howard B Grobstein (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 6/11/19)
Re: 2017 Toyota Highlander 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):
Joanna Janet Tapia Figueroa Represented By Claudia C Osuna
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 d/b/a GM Financial Leasing vs. DEBTOR, Charles W. Daff, trustee
(Motion filed 6/18/19)
Re: 2016 GMC ACADIA VIN 1GKKRNED9GJ329053
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):
Eric Daker Represented By
Omar Zambrano
Joint Debtor(s):
Beverle Diane Daker Represented By Omar Zambrano
10:00 AM
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
The Law Offices of Jason C Tatman APC - movant attorney Motion for relief from stay
MTGLQ Investors LP vs DEBTOR, EDWARD & ANNA PONCE non filing co- debtor
(Motion filed 6/21/19)
RE: 839 North K Street, San Bernardino, California 92411 EH
Docket 7
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.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Concepcion Ramirez Pro Se
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
Bonial & Associates, P.C. - movant attorney Motion for Relief from Stay
Toyota Motor Credit Corporation vs. DEBTORS (Motion filed 6/21/19)
Re: 2015 LEXUS CT200H
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):
Ruben Alex Samano Represented By
James Geoffrey Beirne
Joint Debtor(s):
Samantha Cassandra Samano Represented By
James Geoffrey Beirne
10:00 AM
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
TD Auto Finance LLC vs. DEBTORS, Larry D. Simons, trustee (Motion filed 6/12/19)
Re: 2014 CHEVROLET EQUINOX VIN 1GNALAEK1EZ127801
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):
Ernesto Ibarra Gonzalez Represented By Edgar P Lombera
Joint Debtor(s):
Angelica Munoz Ibarra Represented By Edgar P Lombera
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
10:00 AM
Mandelbaum & Robison LLP - movant attorney Motion for Relief from Stay
LPI Del, LLC vs. DEBTOR
(Motion filed 6/14/19)
Re: 550 North Central Ave, # 4102, Upland, CA 91786 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):
Jovana Octavia Cowart Represented By Nicholas M Wajda
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
Idin Kashefipour, Esq.- movant attorney Motion for Relief from Stay
Metroll, inc. vs. DEBTOR (Motion filed 6/12/19)
Re: 15435 Arrow Route, Building B, Fontana, CA 92335 EH
Docket 10
- NONE LISTED -
Debtor(s):
ASR Powder Coatings, LLC Represented By Keith Q Nguyen
Trustee(s):
Todd A. Frealy (TR) Pro Se
11:00 AM
Hrg. on Chapter 11 Status Conference (Cont. from 4/16/19)
(Advanced from 1:30 p.m. calendar) EH
Docket 0
Tentative for 7/16/19:
Appearances required.
Debtor(s):
Caroline C Mendoza Represented By Todd L Turoci
11:00 AM
Hrg. on Confirmation of third amended chapter 11 plan (Advanced from 1:30 p.m. calendar)
EH
Docket 0
Tentative for 7/16/19:
Appearances required.
Debtor(s):
Caroline C Mendoza Represented By Todd L Turoci
11:00 AM
Hrg. on Confirmation of third amended chapter 11 plan (Advanced from 1:30 p.m. calendar)
EH
Docket 0
- NONE LISTED -
Debtor(s):
Caroline C Mendoza Represented By Todd L Turoci
11:00 AM
Hrg. on Confirmation of chapter 11 plan EH
(Advanced from 1:30 p.m. calendar)
Docket 0
Tentative for 7/16/19:
Appearances required.
*************************************************************************** Tentative for 4/16/19 is to GRANT.
Appearances required.
***************************************************************************
Tentative for 3/5/19 is to CONTINUE the hearing on the disclosure statement to April 16, 2019, at 1:30 p.m. to allow Debtor to file an amended plan and disclosure statement that addresses and resolves the issues raised in the objections filed by Creditor Columbia Bank on February 15, 2019 [Dk. 127] and by the UST on February 19, 2019 [Dk. 128].
An amended disclosure statement and plan must be filed by March 26, 2019. Oppositions to the amended disclosure statement are due April 2, 2019.
Replies to any opposition are due April 9, 2019.
Appearances for the 3/5/19 hearing are excused.
11:00 AM
Debtor(s):
Big Bear Bowling Barn, Inc. Represented By Julie J Villalobos
11:00 AM
Hrg. on Chapter 11 Status Conference
EH
(Cont. from 4/16/19)
(Advanced from 1:30 p.m. calendar)
Docket 0
Tentative for 7/16/19:
None listed.
***************************************************************************** Tentative for 3/5/19 is to set a continued status conference date of April 16, 2019 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
*******************************************************************************
Tentative for 1/22/19 is to set a continued status conference date of March 5, 2019 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
******************************************************************************* Tentative for 8/21/18 is to set a continued status conference date of January
11:00 AM
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.
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
11:00 AM
Hrg. on creditor, LaToya Redd's Motion filed 6/18/19 Objecting to Debtor's List of Exemptions
EH
Docket 9
Tentative for 7/16/19:
This matter is CONTINUED to August 6, 2019 at 11:00 a.m. No hearing will occur on 7/16/19. Appearances are excused.
Debtor(s):
David Henry Hilton Jr. Represented By Jenny L Doling
Trustee(s):
Arturo Cisneros (TR) Pro Se
11:00 AM
K & L Gates LLP - movant attorney Motion for Relief from Stay
Prologis, L.P. vs. DEBTOR (Motion filed 6/19/19)
Re: Lease Agreement between Debtor and Prologis, L.P. dated July 18, 2016 EH
(Advanced from 1:30 p.m. calendar)
Docket 78
Tentative for 7/16/19:
Appearances required.
Debtor(s):
SIF Services, LLC Represented By Steven R Fox
W. Sloan Youkstetter Janis G Abrams
11:00 AM
Hrg. on Debtor-in-Possession Motion filed 7/2/19 to Reject Lease EH
(OST signed 7/2/19)
Docket 104
- NONE LISTED -
Debtor(s):
SIF Services, LLC Represented By Steven R Fox
W. Sloan Youkstetter Janis G Abrams Michael B Lubic
11:00 AM
Hrg. on chapter 7 trustee Motion filed 6/25/19 to sell real property and for its turnover
EH
Docket 64
- NONE LISTED -
Debtor(s):
Thomas John Forrest Represented By Michael F Chekian
Trustee(s):
Larry D Simons (TR) Represented By Wesley H Avery
1:30 PM
Hrg. on Confirmation of third amended chapter 11 plan
EH
Docket 0
- NONE LISTED -
Debtor(s):
Caroline C Mendoza Represented By Todd L Turoci
1:30 PM
Hrg. on Chapter 11 Status Conference (Cont. from 4/16/19)
EH
Docket 0
- NONE LISTED -
Debtor(s):
Caroline C Mendoza Represented By Todd L Turoci
1:30 PM
Hrg. on Chapter 11 Status Conference
EH
(Cont. from 4/16/19)
Docket 0
- NONE LISTED -
Debtor(s):
Big Bear Bowling Barn, Inc. Represented By Julie J Villalobos
1:30 PM
Hrg. on Confirmation of chapter 11 plan EH
Docket 0
- NONE LISTED -
Debtor(s):
Big Bear Bowling Barn, Inc. Represented By Julie J Villalobos
1:30 PM
Hrg. on Chapter 11 Status Conference (Cont. from 3/19/19)
EH
Docket 1
- NONE LISTED -
Debtor(s):
CompCare Medical, Inc. Represented By Todd L Turoci
1:30 PM
Hrg. on Chapter 11 Status Conference (Cont. from 6/11/19)
EH
Docket 1
- NONE LISTED -
Debtor(s):
Investment Group, LLC Represented By Todd L Turoci
1:30 PM
K & L Gates LLP - movant attorney Motion for Relief from Stay
Prologis, L.P. vs. DEBTOR (Motion filed 6/19/19)
Re: Lease Agreement between Debtor and Prologis, L.P. dated July 18, 2016 EH
Docket 78
- NONE LISTED -
Debtor(s):
SIF Services, LLC Represented By Steven R Fox
W. Sloan Youkstetter Janis G Abrams
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 5/1/19) 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
1:30 PM
Trustee(s):
Arturo Cisneros (TR) Pro Se
1:30 PM
Adv#: 6:18-01201 Turoci v. Mulvania
Hrg. on Defendant's Motion filed 6/12/19 to Dismiss Adversary Proceeding EH
(Cont. from 7/3/19)
Docket 47
Tentative for 7/17/19:
Personal appearances are required in Courtroom 5C, 411 West Fourth Street, Santa Ana, CA 92701.
Debtor(s):
Christopher John Mulvania Represented By
Bryant C MacDonald
Defendant(s):
Christopher John Mulvania Represented By Donald Reid Charity J Manee
Plaintiff(s):
Todd Turoci Represented By
Todd L Turoci
Trustee(s):
Larry D Simons (TR) Represented By Lynda T Bui Brandon J Iskander
1:30 PM
Adv#: 6:18-01217 Liao v. Zhuang
Hrg on Defendant's Motion filed 6/27/19 for Withdrawal of Admissions under Federal Rule of Civil Procedure 36(b)
EH
Docket 61
- NONE LISTED -
Debtor(s):
Judy Zhuang Represented By
Todd L Turoci
Defendant(s):
Judy Zhuang Represented By
Todd L Turoci
Plaintiff(s):
Chih Ling Liao Represented By Sam X J Wu
Trustee(s):
Todd A. Frealy (TR) Pro Se
1:30 PM
Adv#: 6:19-01021 Ipex Capital, LLC et al v. Singh
STATUS CONFERENCE re: Complaint by Ipex Capital, LLC, Don Osborne, Mohammad Moktare against Paramjit Singh. (false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)),(65 (Dischargeability - other)) (727(a)(3))
(Cont. from 4/17/19)
Docket 1
- NONE LISTED -
Debtor(s):
Paramjit Singh Represented By Robert J Spitz
Defendant(s):
Paramjit Singh Pro Se
Plaintiff(s):
Ipex Capital, LLC Represented By Neal Salisian
Don Osborne Represented By
Neal Salisian
Mohammad Moktare Represented By Neal Salisian
Trustee(s):
Todd A. Frealy (TR) Pro Se
1:30 PM
Adv#: 6:19-01043 Whitmore v. Brito et al
STATUS CONFERENCE re: Complaint by Robert S. Whitmore against Anhely Brito, Edwin Brito Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer))
(Cont. from 5/15/19) EH
Docket 1
Tentative for 7/17/19:
The Court has received and reviewed the Joint Status Report filed on July 3, 2019 [Dk. 10], which represents that the parties have settled this matter and will be filing a Motion to Approve Compromise. Accordingly, this matter is CONTINUED to October 23, 2019 at 1:30 p.m. as a holding date pending court approval of the settlement agreement. If the case has not yet been dismissed, a status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
Esteban Brito Gallegos Represented By Priscilla C Solario
Defendant(s):
Anhely Brito Pro Se
Edwin Brito Pro Se
1:30 PM
Plaintiff(s):
Robert S. Whitmore Represented By Julie Philippi
Trustee(s):
Robert Whitmore (TR) Represented By Julie Philippi
9:30 AM
Hearing RE: Reaffirmation Agreement Between Debtor And 21st Mortgage Corporation
(Motion filed 6/13/19)
[CB Case]
[RE: 1998 Skyline Manufactured Home - Amount: $51,527.00]
Docket 34
- NONE LISTED -
Debtor(s):
Juan Flores Reyes Represented By Michael E Plotkin
Trustee(s):
Richard A Marshack (TR) Pro Se
9:30 AM
CONT'D Hearing RE: Pro se Reaffirmation Agreement Between Debtor And SchoolsFirst Federal Credit Union (aka OCTFCU)
[RE: 2012 Hyundai Sonata - Amount: $4,785.98]
FR: 5-15-19
Docket 11
- NONE LISTED -
Debtor(s):
Bruce Walter Gardner Pro Se
Joint Debtor(s):
Kathy Denise Gardner Pro Se
Trustee(s):
Thomas H Casey (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 6/3/19)
[ES Case]
[RE: 2017 Toyota Camry Sedan 4D SE I4 - Amount: $17,727.32] [VIN No.: 4T1BF1FK1HU743305]
Docket 11
- NONE LISTED -
Debtor(s):
Jamie Sue Chreiger Represented By Nicholas J Cochran
Trustee(s):
Karen S Naylor (TR) Pro Se
9:30 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And Nissan Motor Acceptance Corporation
(Motion filed 6/6/19)
[TA Case]
[RE: 2015 Nissan Sentra - Amount: $9,843.06] [VIN No.: 3N1AB7AP6FY233160]
Docket 15
- NONE LISTED -
Debtor(s):
Edgar Herrera-Lopez Represented By Marlin Branstetter
Joint Debtor(s):
Araceli Bedolla Cobarrubias Represented By Marlin Branstetter
Trustee(s):
Karen S Naylor (TR) Pro Se
9:30 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And Ford Motor Credit Company LLC
(Motion filed 5/29/19)
[CB Case]
RE: 2016 Ford F150 - Amount: $22,922.12] [VIN No.: 1FTEW1C84GKE62524]
Docket 11
- NONE LISTED -
Debtor(s):
Osvaldo Ramos Represented By Lauren M Foley
Joint Debtor(s):
Claudia E Plascencia Orozco Represented By Lauren M Foley
Trustee(s):
Weneta M Kosmala (TR) Pro Se
9:30 AM
Hearing RE: Reaffirmation Agreement Between Debtor And Wells Fargo Bank N.A., d/b/a Wells Fargo Auto
(Motion filed 6/7/19)
[CB Case]
[RE: 2014 Hyundai Accent - Amount: $3,742.89]
Docket 11
- NONE LISTED -
Debtor(s):
Andrea Meller Pro Se
Joint Debtor(s):
Mark Kenneth Sheldon Pro Se
Trustee(s):
Weneta M Kosmala (TR) Pro Se
9:30 AM
Hearing RE: Reaffirmation Agreement Between Debtor And Santander Consumer USA Inc. dba Chrysler Capital As Servicer For CCAP Auto Least Ltd. (Motion filed 6/5/19)
[ES Case]
[RE: 2017 Dodge Challenger - Amount: $17,242.42] [VIN No.: 2C3CDZBT4HH618365]
Docket 11
- NONE LISTED -
Debtor(s):
Shannon Mark Dixon Represented By Stephen D Brittain
Joint Debtor(s):
Melissa Ayn Dixon Represented By Stephen D Brittain
Trustee(s):
Karen S Naylor (TR) Pro Se
9:30 AM
Hearing RE: Reaffirmation Agreement Between Debtor and American Honda Finance Corporation
(Motion filed 6/18/19)
[ES Case]
[RE: 2016 Honda Civic - Amount: $6,431.90 VIN No.: 2HGFC!F38GH634186
Docket 17
- NONE LISTED -
Debtor(s):
Brandon Le Represented By
Quan M Chau
Trustee(s):
Richard A Marshack (TR) Pro Se
9:30 AM
Hearing RE: Reaffirmation Agreement Between Debtor And CarMax Auto Finance
(Motion filed 5/29/19)
[TA Case]
[RE: 2014 Fiat 500L - Amount: $15,838.49]
Docket 9
- NONE LISTED -
Debtor(s):
Pamela Nicole Game Represented By Steven A Alpert
Trustee(s):
Richard A Marshack (TR) Pro Se
9:30 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And Toyota Motor Credit Corporation
(Motion filed 5/30/19)
[RE: 2017 Toyota Camry - Amount: $14,782.07] [VIN No. 4T1BF1FK3HU345609]
Docket 11
- NONE LISTED -
Debtor(s):
Kiet Tuan Tran Pro Se
Trustee(s):
Weneta M Kosmala (TR) Pro Se
9:30 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And Orange County's Credit Union
(Motion filed 6/10/19)
[TA Case]
RE: 2011 Toyota Camry - Amount: $10,536.92 [VIN No.: 4TBF3EK2BU632346]
Docket 12
- NONE LISTED -
Debtor(s):
Guadalupe Maria Ceja Represented By
Sevag Nigoghosian
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:30 AM
Hearing RE: Reaffirmation Agreement Between Debtor And Toyota Motor Credit Corporation
(Motion filed 6/5/19)
[CB Case]
[RE: 2017 Toyota Camry - Amount: $18,210.78] [VIN No.: 4T1BF1FK4HU426912]
Docket 10
- NONE LISTED -
Debtor(s):
Leonel Ramos Morales Represented By Bryn C Deb
Joint Debtor(s):
Alma Delia Chamu Represented By Bryn C Deb
Trustee(s):
Weneta M Kosmala (TR) Pro Se
10:00 AM
Adv#: 8:18-01064 Marshack v. Castanon et al
Hearing RE: Motion For Partial Summary Judgment (Motion filed 5/31/19)
Docket 56
- NONE LISTED -
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Defendant(s):
Michael Edward Castanon Represented By Rhonda Walker
BeachPointe Investments, Inc. Represented By Evan C Borges
George Bawuah Represented By Evan C Borges
Jerry Bolnick Represented By
Evan C Borges
Jonathan Blau Represented By Evan C Borges
Joseph Bolnick Represented By Evan C Borges
Maria Castanon Pro Se
10:00 AM
Kenneth Miller Represented By Evan C Borges
Peter Van Petten Represented By Evan C Borges
Raymond Midley Represented By Evan C Borges
Veronica Marfori Represented By Evan C Borges
Plaintiff(s):
Richard A. Marshack Represented By Sharon Oh-Kubisch
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen
Matthew Grimshaw
10:00 AM
Adv#: 8:19-01071 Lee v. Nguyen
STATUS CONFERENCE Hearing RE: Complaint For Nondischargeability Of Debt Pursuant To 11 U.S.C. Section 523(a)(2)(A) And Objection To Entry Of Discharge Of Debtor's Debt Pursuant To 11 U.S.C. Section 727(a)(4)(A) (Complaint filed 4/18/19)
Docket 1
NONE LISTED -
Debtor(s):
Hung Nguyen Represented By Alex L Benedict
Defendant(s):
Hung Nguyen Pro Se
Plaintiff(s):
Benjamin Lee Represented By Jason K Boss
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
Adv#: 8:19-01070 Marshack v. Nguyen
Hearing RE: Trustee's Application For Entry Of Judgment Denying Debtor's Discharge Per 11 U.S.C. Section 727
(Motion filed 6/13/19)
Docket 7
NONE LISTED -
Debtor(s):
Hung Nguyen Pro Se
Defendant(s):
Hung Nguyen Pro Se
Plaintiff(s):
Richard A Marshack Represented By Donald W Sieveke
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
Adv#: 8:19-01074 NuVision Federal Credit Union v. Lynch
STATUS CONFERENCE Hearing RE: First Amended Complaint To Determine The Dischargeability Of Debts Pursuant To 11 U.S.C. Section 523(a)(2)(A) (Complaint filed 4/23/19)
(First Amended Complaint filed 7/3/19)
Docket 1
Tentative for 7/17/19:
This matter is CONTINUED to October 2, 2019 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
Thomas Joseph Lynch JR Represented By Patrick OKennedy
Defendant(s):
Thomas Joseph Lynch Jr. Pro Se
Plaintiff(s):
NuVision Federal Credit Union Represented By Alana B Anaya
Trustee(s):
Karen S Naylor (TR) Pro Se
10:00 AM
Adv#: 8:19-01074 NuVision Federal Credit Union v. Lynch
Hearing RE: Motion To Dismiss Complaint Pursuant To 11 USC Section 523(a) ()(A) And Other Grounds For Failure To State A Claim
(Motion filed 5/23/19) (Notice Of Hearing filed 5/24/19)
Docket 5
Tentative for 7/17/19:
This matter is DENIED as moot in light of the amended complaint filed 7/3/19 [Dk. 8]. Plaintiff is to lodge an order within (7) days which reflects the foregoing.
No hearing on this matter will occur. Appearances are excused.
Debtor(s):
Thomas Joseph Lynch JR Represented By Patrick OKennedy
Defendant(s):
Thomas Joseph Lynch Jr. Represented By Patrick OKennedy
Plaintiff(s):
NuVision Federal Credit Union Represented By Alana B Anaya
Trustee(s):
Karen S Naylor (TR) Pro Se
10:00 AM
Adv#: 8:19-01069 OC West, LLC et al v. Lynch
Hearing RE: Motion To Dismiss Complaint Pursuant To 11 USC Section 523(a) (2)(A) And Other Grounds For Failure To State A Claim
(Motion filed 5/17/19) (Notice of hearing filed 5/24/19)
Docket 5
NONE LISTED -
Debtor(s):
Thomas Joseph Lynch JR Represented By Patrick OKennedy
Defendant(s):
Thomas Joseph Lynch Represented By Patrick OKennedy
Plaintiff(s):
OC West, LLC Represented By Baruch C Cohen
Liberty Financial USA, LCC Represented By Baruch C Cohen
Liberty Debt Solution, LLC Represented By Baruch C Cohen
Trustee(s):
Karen S Naylor (TR) Pro Se
10:00 AM
Adv#: 8:19-01069 OC West, LLC et al v. Lynch
CONT'D STATUS CONFERENCE RE: Complaint For:
1. Nondischargeability Of Debt Pursuant To §§ 523(a)(2)(A), 523(a)(2)(B), 523(a)(4) and 523(a)(6);
2. Denial Of Discharge Pursuant To: §§ 727(a)(2)(A), 727(a)(2)(B), 727(a)(3), 727(a)(4)(A), 727(a)(4)(D), 727(a)(5), and 727(a)(12)(B); And
3. Unfair, Unlawful And Fraudulent Business Practice California Business And Professional Code Section 17200 et seq.
(Complaint filed 4/17/19) FR: 7-3-19
Docket 1
Tentative for 7/17/19:
None listed.
**************************************************************************** Tentative for 7/3/19:
This matter is CONTINUED to July 17, 2019 at 10:00 a.m. to coincide with the hearing on the motion to dismiss. A status report is not required for this continued status conference.
Appearances are excused.
Debtor(s):
Thomas Joseph Lynch JR Represented By Patrick OKennedy
10:00 AM
Defendant(s):
Thomas Joseph Lynch Pro Se
Plaintiff(s):
OC West, LLC Represented By Baruch C Cohen
Liberty Financial USA, LCC Represented By Baruch C Cohen
Liberty Debt Solution, LLC Represented By Baruch C Cohen
Trustee(s):
Karen S Naylor (TR) Pro Se
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) (PTC set at S/C held 10/25/18)
[Third Party Complaint Dismissed on 2/27/19] [Holding Date Pending Dismissal Of Action]
FR: 6-14-17; 12-14-17; 4-19-18; 5-3-18; 10-18-18; 10-25-18; Advanced from
6-6-19
Docket 1
- NONE LISTED -
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
CONT'D Hearing RE: Objection To Claim:
(Motion filed 4/5/19)
Claim No. 16 Dickey's Barbecue Restaurants, Inc. $2,090,187.62 FR: 5-1-19; 6-12-19
Docket 51
- NONE LISTED -
Debtor(s):
Stephen Matthew Huerth Represented By Michael Jones Sara Tidd
Joint Debtor(s):
Laura Elizabeth Huerth Represented By Michael Jones Sara Tidd
Trustee(s):
Richard A Marshack (TR) Represented By Michael Jones Leslie K Kaufman
11:00 AM
Adv#: 8:18-01176 Marshack, Ch 7 Trustee v. Castanon
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For:
Breach Of Fiduciary Duty
Conversion
Negligence
Waste of Corporate Assets (Complaint filed 9/14/18)
(PTC set at S/C held 12/19/18)
FR: 12-5-18 AT 10:00 a.m.; 12-5-18; 12-19-18
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
11:00 AM
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#: 8:18-01064 Marshack v. Castanon et al
CONT'D Hearing RE: Motion For Partial Summary Judgment (Motion filed 5/31/19)
FR: 7-17-19 at 10:00 a.m.
Docket 56
- NONE LISTED -
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Defendant(s):
Michael Edward Castanon Represented By Rhonda Walker
BeachPointe Investments, Inc. Represented By Evan C Borges
George Bawuah Represented By Evan C Borges
Jerry Bolnick Represented By
Evan C Borges
Jonathan Blau Represented By Evan C Borges
Joseph Bolnick Represented By
11:00 AM
Evan C Borges
Maria Castanon Pro Se
Kenneth Miller Represented By Evan C Borges
Peter Van Petten Represented By Evan C Borges
Raymond Midley Represented By Evan C Borges
Veronica Marfori Represented By Evan C Borges
Plaintiff(s):
Richard A. Marshack Represented By Sharon Oh-Kubisch
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen
Matthew Grimshaw
11:00 AM
Adv#: 8:19-01070 Marshack v. Nguyen
CONT'D Hearing RE: Trustee's Application For Entry Of Judgment Denying Debtor's Discharge Per 11 U.S.C. Section 727
(Motion filed 6/13/19)
FR: 7-17-19 at 10:00 a.m.
Docket 7
Tentative for 7/16/19 is to DENY.
The Court has reviewed the Trustee’s Application for Entry of Judgment Denying Debtor’s Discharge per 11 U.S.C. § 727, filed on June 13, 2019 [Dk. 7] ("Application"). The Application is legally insufficient as there is no presentation of the violation of any section of 727, including legal analysis of what specific provisions of 727 the Trustee is utilizing to sustain his objection to the Debtor’s discharge. See, e.g., Cripps v. Life Ins. Co. of N. Am., 980 F.2d 1261, 1267 (9th Cir. 1992) ("[N]ecessary facts not contained in the pleadings, and claims which are legally insufficient, are not established by default."); Beltran v. Beltran, 182 B.R. 820, 826 (B.A.P. 9th Cir. 1995).
Examining the original Complaint, filed on April 17, 2019, the Court finds that the Complaint lacks specificity in its legal allegations and fails to state a claim upon which relief may be granted.
Appearances are required. Movant is to bring a copy of the Complaint and the Application.
Debtor(s):
Hung Nguyen Pro Se
11:00 AM
Defendant(s):
Hung Nguyen Pro Se
Plaintiff(s):
Richard A Marshack Represented By Donald W Sieveke
Trustee(s):
Richard A Marshack (TR) Pro Se
11:00 AM
Adv#: 8:19-01071 Lee v. Nguyen
STATUS CONFERENCE Hearing RE: Complaint For Nondischargeability Of Debt Pursuant To 11 U.S.C. Section 523(a)(2)(A) And Objection To Entry Of Discharge Of Debtor's Debt Pursuant To 11 U.S.C. Section 727(a)(4)(A) (Complaint filed 4/18/19) (con't from 10:00 a.m. calendar per order ent. 6/24/19)
Docket 1
Tentative for 7/17/19:
The Court has received and reviewed the unilateral status report filed on 7/8/19 [Dk. 10], and notes that no responsive pleading has been filed, a default has been entered, and Plaintiff represents that he intends to file a motion to dismiss. Accordingly, this matter is CONTINUED to November 6, 2019 at 11:00 a.m. as a holding date pending the filing and resolution of Plaintiff's motion for default judgment. If the case has not yet been resolved, a status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
Hung Nguyen Represented By Alex L Benedict
Defendant(s):
Hung Nguyen Pro Se
Plaintiff(s):
Benjamin Lee Represented By Jason K Boss
11:00 AM
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
Motion for relief from the automatic stay [PERSONAL PROPERTY]
The Golden 1 Credit Union vs. DEBTOR (Motion filed 6/20/19)
[RE: 2015 Nissan Rogue]
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):
Mai Taniguchi Represented By Joseph L Pittera
Movant(s):
Golden 1 Credit Union Represented By Mirco J Haag
Trustee(s):
Weneta M Kosmala (TR) Pro Se
10:00 AM
Motion for relief from stay [Real Property]
Wells Fargo Bank, National Association As Trustee For Harborview Mortgage Loan Trust, Mortgage Pass-Through Certificates, Series 2006-11 vs. DEBTOR (Motion filed 6/14/19)
[RE: 734 North Bush Street, Anaheim, California 92805]
Docket 8
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 submitted evidence of a scheme to delay Movant's enforcement rights involving a transfer of an interest without Movant's consent, as well as other bankruptcy filings affecting the property.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, 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):
Jose Luis Lopez Pro Se
Movant(s):
Wells Fargo Bank, National Represented By Wendy A Locke
Trustee(s):
Karen S Naylor (TR) Pro Se
10:00 AM
Motion for relief from the automatic stay [REAL PROPERTY]
U.S. Bank National Association, As Trustee For Citigroup Mortgage Loan Trust Inc.
Mortgage Pass-Through Certificates, Series 2007-AR8 vs. DEBTOR (Motion filed 6/24/19)
[RE: 9401 Meridian Lane, Garden Grove, California 92841]
Docket 10
Grant pursuant to 11 U.S.C. § 362(d)(1), § 362(d)(2) 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 submitted evidence of a scheme to delay Movant's enforcement rights involving a transfer of an interest without Movant's consent.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, 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):
Heather J Michael Represented By Lawrence P Bellomo
Movant(s):
U.S. BANK NATIONAL Represented By Wendy A Locke
Trustee(s):
Richard A Marshack (TR) Pro Se
11:00 AM
Adv#: 8:19-01076 Harrison et al v. Capital One Bank (USA), National Association
Hearing RE: Motion for Default Judgment Against Capital One Bank (USA),
National Association (Motion filed 6/19/19)
Docket 7
Tentative for 7/18/19 is to DENY without prejudice and VACATE the entry of default.
The Defendant in this matter, Capital One Bank (USA) National Associations ("Defendant"), was not properly served with the complaint. Defendant is an insured depository institution. Rule 7004(h) of the Federal Rules of Bankruptcy Procedure requires that insured depository institutions be served as follows:
Service of Process on an Insured Depository Institution. Service on an insured depository institution (as defined in section 3 of the Federal Deposit Insurance Act) in a contested matter or adversary proceeding shall be made by certified mail addressed to an officer of the institution unless—
the institution has appeared by its attorney, in which case the attorney shall be served by first class mail;
the court orders otherwise after service upon the institution by certified mail of notice of an application to permit service on the institution by first class mail sent to an officer of the institution designated by the institution; or
the institution has waived in writing its entitlement to service by certified mail by designating an officer to receive service.
While Defendant was served at the correct address, it was served via first class
11:00 AM
mail, not certified mail. None of the exceptions to the certified mail requirement apply here. Accordingly, the Court DENIES the Motion for Default Judgment and VACATES the default improperly entered on June 4, 2019 [Dk. 5]. Plaintiff must properly serve the Complaint and may again seek entry of default and default judgment as appropriate.
Plaintiff is to lodge an order within seven (7) days. Appearances for this hearing are excused.
Debtor(s):
Charles Flowers Harrison Represented By Michael Jones Sara Tidd
Defendant(s):
Capital One Bank (USA), National Pro Se
Joint Debtor(s):
Martha Isabel Montoya Represented By Michael Jones Sara Tidd
Plaintiff(s):
Charles Flowers Harrison Represented By Michael Jones
Martha Isabel Montoya Represented By Michael Jones
Axis CP I, LLC Represented By Michael Jones
11:00 AM
Adv#: 8:19-01076 Harrison et al v. Capital One Bank (USA), National Association
STATUS CONFERENCE Hearing RE: Complaint For:
Declaratory Relief Regarding The Nature, Extent And Validity Of Lien As To Capital One Bank (USA), National Association Pertaining To The Real Property Located At 7537 E. Twinleaf Trail, Orange, California;
Disallow Claim, If Any, And To Remove Lien, If Any, From The Real Property Located At 7537 E. Twinleaf Trail
(Complaint filed 5/1/19)
Docket 1
Tentative for 7/18/19 is to CONTINUE this matter to October 17, 2019 at 11:00
a.m. to allow Plaintiff to properly serve the complaint and, if appropriate, seek the entry of default and default judgment. 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):
Capital One Bank (USA), National Pro Se
Joint Debtor(s):
Martha Isabel Montoya Represented By Michael Jones Sara Tidd
11:00 AM
Plaintiff(s):
Charles Flowers Harrison Represented By Michael Jones
Martha Isabel Montoya Represented By Michael Jones
Axis CP I, LLC Represented By Michael Jones
11:00 AM
Adv#: 8:19-01077 Harrison et al v. PM Factors, Inc.
STATUS CONFERENCE Hearing RE: Complaint For:
Declaratory Relief Regarding The Nature, Extent And Validity Of Lien As To PM Factors, Inc. Pertaining To The Real Property Located At 7537 E. Twinleaf Trail, Orange, California;
Disallow Claim, If Any, And To Remove Lien, If Any, From The Real Property Located At 7537 E. Twinleaf Trail
(Complaint filed 5/1/19)
Docket 1
Tentative for 7/18/19:
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: December 1, 2019. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: January 31, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
Pretrial conference: February 20, 2020 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 monetary and non- monetary sanctions, including the striking of the answer and dismissal of the complaint.
Plaintiff is to lodge a scheduling order within seven (7) days.
Debtor(s):
Charles Flowers Harrison Represented By
11:00 AM
Michael Jones Sara Tidd
Defendant(s):
PM Factors, Inc. Pro Se
Joint Debtor(s):
Martha Isabel Montoya Represented By Michael Jones Sara Tidd
Plaintiff(s):
Charles Flowers Harrison Represented By Michael Jones
Martha Isabel Montoya Represented By Michael Jones
Axis CP I, LLC Represented By Michael Jones
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; 10-25-18; 2-21-19;
5-2-19
Docket 1
Tentative for 7/18/19 is to set a continued status conference date of November 21, 2019 at 11:00 a.m. with a status report due 14 days in advance.
Appearances required.
******************************************************************************* Tentative for 5/2/19:
Appearances required. The Court will set deadlines for the filing of a plan and disclosure statement.
******************************************************************************** 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.
11:00 AM
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 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.
11:00 AM
Debtor(s):
Charles Flowers Harrison Represented By Michael Jones
Joint Debtor(s):
Martha Isabel Montoya Represented By Michael Jones
11:00 AM
Hearing RE: Second Amended Disclosure Statement Describing Chapter 11 Plan Of Reorganization
(Second Amended D.S. filed 5/23/19)
Docket 296
Tentative for 7/18/19 is to DENY approval of the Second Amended Disclosure Statement ("DS") for the reasons stated in the Comments of the United States Trustee filed on July 11, 2019 [Dk. 300].
In addition to the issues identified by the United States Trustee, the Court notes that the DS treats the claims held by PM Factors and Capital One ("Judgment Creditors") as unsecured; however, Debtors have not yet established that these liens may be treated as such. There are two adversary proceedings pending to determine the secured status of these liens. The Plan and DS do not account for the possibility that the Judgment Creditors' liens are determined to be secured. The DS represents that stripping these liens is integral to the settlement with Axis, and does not provide for an alternative treatment if these liens are not stripped. Without an alternative treatment that accounts for the continued secured status of the Judgment Liens, the DS does not provide adequate information, and must be denied.
The Court is inclined to set a deadline to file an amended Plan and DS for after the resolution of the two adversary proceedings regarding the Judgment Creditors' liens.
Appearances required.
Debtor(s):
Charles Flowers Harrison Represented By
11:00 AM
Michael Jones Sara Tidd
Joint Debtor(s):
Martha Isabel Montoya Represented By Michael Jones Sara Tidd
11:00 AM
CONT'D POST-CONFIRMATION STATUS CONFERENCE Hearing RE: (1)
Case Management Conference And (2) Requiring Status Report (Petition filed 7/1/17)
(Set at Confirmation Hearing on 10/25/18)
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;
10-25-18; 4-18-19
Docket 1
Debtor(s):
Chrestotes, Inc Represented By David A Tilem
11:00 AM
Adv#: 8:19-01068 Progressive Solutions, Inc. v. City of Oakland et al
STATUS CONFERENCE Hearing RE: Complaint For:
Avoidance And Recovery Of Preferential Transfer; And
Objection To Claim (Complaint filed 4/15/19)
Docket 1
Tentative for 7/18/19:
Plaintiff's counsel is to lodge an order pursuant to the Stipulation filed 7/11/19 [Dk. 7] dismissing the case.
Appearances for the 7/18/19 hearing are excused.
Debtor(s):
Progressive Solutions, Inc. Represented By Lewis R Landau
Defendant(s):
City of Oakland Pro Se
Michael Stanley Pro Se
Plaintiff(s):
Progressive Solutions, Inc. Represented By Lewis R Landau
11:00 AM
Hearing RE: Approval Of Debtor's Chapter 11 Disclosure Statement Dated May 20, 2019 In Support Of Debtor's Plan Of Reorganization
(D.S. filed 5/20/19)
Docket 0
Tentative for 7/17/19 is to DENY approval of the Disclosure Statement and set an OSC why this case should not be converted or dismissed on August 15, 2019 at 11:00 a.m.
In addition to the issues raised by the United States Trustee and the City of Oakland, this plan cannot be confirmed because Debtor has failed comply with its statutory deadlines as a small business debtor.
This Debtor is a small business debtor as defined in 11 U.S.C. § 101(51D). See Petition, filed 11/21/18 [Dk. 1, pg. 2]. § 1121(e) requires debtor to file the plan and disclosure statement by no later than 300 days after the petition date and obtain confirmation by no later than 45 days after filing the plan, unless an extension is obtained prior to the expiration of the existing deadline. See §§ 1121(e), 1129(e). In this case, the Petition Date was November 21, 2018. The Plan and Disclosure Statement were filed on May 20, 2019, well before the 300- day deadline expires on September 17, 2019. However, Debtor set the hearing on the Disclosure Statement on July 17, 2019, more than 45 days after the Plan and Disclosure Statement were filed. Debtor thus has failed to meet the 45-day statutory deadline, which expired on July 4, 2019; Debtor did not seek any extension prior to the deadline’s expiration, nor did Debtor request any accommodation from the Court to facilitate a hearing and determination prior to expiration of the deadline.
It appears to be well settled that the 45-day confirmation deadline is a hard
11:00 AM
deadline; failure to confirm a plan by this date is a bar to confirmation. See In re Star Ambulance Service, LLC, 2015 WL 5025840 (Bankr. S.D. Tex. Aug. 24, 2015). Courts are split regarding whether failure to obtain confirmation is cause for mandatory dismissal of the case under §1112(b), see In re Mojica, 2013 Bankr. LEXIS 2074 (Bankr. D.P.R. May 20, 2013); or whether the case may proceed once a new plan has been filed, see In re Crossroads Ford, Inc., 65 C.B.C.2d 899, 453 B.R. 764 (Bankr. D. Neb. 2011). Thus, the Court is inclined to set an Order to Show Cause why this case should not be converted or dismissed on August 15, 2019 at 11:00 a.m. The parties are to provide briefing on whether failure to comply with the 45-day statutory deadline constitutes cause for mandatory dismissal in this case by no later than August 1, 2019. Parties should limit their briefs to this issue but may address any other necessarily related issues.
Appearances required.
Debtor(s):
Progressive Solutions, Inc. Represented By Lewis R Landau
11:00 AM
Hearing RE: Application For Payment Of Interim Fees And/Or Expenses For The Period From November 21, 2018 Through May 31, 2019
(Application filed 6/6/19)
[RE: LEWIS R. LANDAU - Attorney For Debtor And Debtor-In-Possession] [Fees: $26,482.50; Expenses: $488.70]
Docket 50
Tentative for 7/18/18:
The Court is inclined to APPROVE the requested fees and expenses on an interim basis; however, while the Court will permit Applicant to draw down on the
$4,726.30 (representing the outstanding amount from the original retainer), it will not approve further payment beyond this amount at this time without further order of the Court. Moreover, Counsel is to return any and all funds received post- petition, including any checks or other instruments.
The Application does not contain the following information, which is required under the Local Rules:
A description of "the general operations of the debtor, stating whether the business of the debtor, if any, is being operated at a profit or loss [and] whether the business has sufficient operating cash flow" as required by LBR 2016-1(a)(1)(A)(i).
"[T]he amount of money on hand in the estate and the estimated amount of other accrued expenses of administration" as required by LBR 2016-1(a)(1)(A)(iii).
"A statement that the applicant has reviewed the requirements of this rule and that the application complies with this rule" as required by LBR
11:00 AM
2016-1(a)(1)(K).
Applicant is to submit an order within seven (7) days.
Debtor(s):
Progressive Solutions, Inc. Represented By Lewis R Landau
11:00 AM
Hearing RE: Application For Payment Of Interim Fees And/Or Expenses For The Period From March 19, 2019 Through April 30, 2019
(Application filed 6/6/19)
[RE: LAW OFFICES OF PAUL KLEVIN - Special Counsel To Debtor] [Fees: $17,610; Expenses: $133.70]
Docket 51
Tentative for 7/18/18:
The Court is inclined to APPROVE the requested fees and expenses on an interim basis; however, it will not approve further payment at this time without further order of the Court. Moreover, Counsel is to return any and all funds received post-petition, including any checks or other instruments.
The Application does not contain the following information, which is required under the Local Rules:
A description of "the general operations of the debtor, stating whether the business of the debtor, if any, is being operated at a profit or loss [and] whether the business has sufficient operating cash flow" as required by LBR 2016-1(a)(1)(A)(i).
"[T]he amount of money on hand in the estate and the estimated amount of other accrued expenses of administration" as required by LBR 2016-1(a)(1)(A)(iii).
"A statement that the applicant has reviewed the requirements of this rule and that the application complies with this rule" as required by LBR
2016-1(a)(1)(K).
11:00 AM
" A description of the professional education and experience of each of the
individuals rendering services, including identification of the professional school attended, year of graduation, year admitted to practice, publications or other achievements, and explanation of any specialized background or expertise in bankruptcy-related matters" as required by LBR 2016-1(a)(1)(H).
Applicant is to submit an order within seven (7) days.
Debtor(s):
Progressive Solutions, Inc. Represented By Lewis R Landau
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 11/21/18) FR: 1-10-19; 6-13-19
Docket 1
Tentative for 7/18/19 is to set a continued status conference date of November 21, 2019 at 11:00 a.m. with a status report due 14 days in advance.
Appearances required.
**************************************************************************** Tentative for 6/13/19:
The Court has received and reviewed the status report filed on May 30, 2019 [Dk. 49], and will CONTINUE this matter to July 18, 2019, at 11:00 a.m. to coincide with the hearing on the disclosure statement.
Appearances are excused. No hearing will occur.
**************************************************************************** Tentative for 1/10/19 is to set the following dates/deadlines:
May 20, 2019: Last date to file a plan and disclosure statement.
March 15, 2019: Last date to file claims ("Claims Bar Date").
January 14, 2019: Last date for Debtor to serve notice of the Claims Bar Date.
11:00 AM
April 15, 2019: Last date to file objections to claim.
April 15, 2019: Last date to file avoidance actions.
The Debtor is specifically advised that the failure to timely file a plan or disclosure statement may result dismissal or conversion.
Appearances required.
Debtor(s):
Progressive Solutions, Inc. Represented By Lewis R Landau
11:00 AM
Hearing RE: Motion To Approve Insider Compensation (Motion filed 6/27/19)
Docket 33
- NONE LISTED -
Debtor(s):
Invensure Insurance Brokers, Inc. Represented By
Carol Chow
11:00 AM
STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2)
Requiring Status Report (Petition filed 5/16/19)
Docket 0
Tentative for 7/18/19 is to set the following dates/deadlines:
The Court will substantially adopt the deadlines proposed by Debtor in its status report filed 7/3/19 [Dk. 35]:
Plan and Disclosure Statement: September 13, 2019.
Claims Bar Date: September 30, 2019, with the notice to be served by no later than July 25, 2019.
Deadline for objections to claims/avoidance actions: October 30, 2019.
A continued status conference hearing: November 7, 2019 at 11:00 a.m. with a status report due 14 days in advance.
Note that the failure to meet any of these deadlines may result in the imposition of monetary and/or non-monetary sanctions, including the dismissal or conversion of the case.
Debtor's counsel is to lodge an order within seven (7) days.
Debtor(s):
Invensure Insurance Brokers, Inc. Represented By
Carol Chow
11:00 AM
Hearing RE: Motion For Order Compelling Turnover Of Property Of The Estate (Motion filed 7/8/19)
(Set per Order Entered 7/9/19)
Docket 28
- NONE LISTED -
Debtor(s):
Lightning Technology, Inc. Represented By Bert Briones
11:00 AM
Hearing RE: Debtor And Debtor-In-Possession's Motion For Order: Pursuant To 11 U.S.C. Section 366; (A) Prohibiting Utility Providers From Altering, Refusing Or Discontinuing Service, (B) Deeming Utilities Adequately Assured Of Future Performance, And (C) Establishing Procedures For Resolving Requests For Additional Adequate Assurance Of Payment
(Motion filed 7/11/19) (OST Entered 7/11/19)
Docket 42
- NONE LISTED -
Debtor(s):
Lightning Technology, Inc. Represented By Bert Briones
10:00 AM
Motion for relief from the automatic stay [Personal Property]
JP Morgan Chase Bank, N.A. vs. DEBTORS (Motion filed 6/28/19)
[RE: 2015 Nissan Rogue - VIN No.: JN8AS5MT6FW669349]
[Tele. appr., Josephine E. Salmon, repr., JPMorgan Chase Bank]
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):
Joanna Marlene Ponce Represented By William Huestis
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 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; 8-2-18; 1-24-19
Docket 0
Tentative for 7/25/19:
The Court has received and reviewed the status report filed by the Litigation Trustee Thomas Casey on 7/11/19 [Dk. 729]. The post-confirmation status conference is continued to January 9, 2020, at 11:00 a.m.
Appearances excused.
************************************************************************** Tentative for 1/24/19:
The Court has received and reviewed the status report filed by the Litigation Trustee Tom Casey on 1/10/19 [Dk. 498]. The post-confirmation status conference is continued to July 25, 2019, at 11:00 a.m.
Appearances excused.
******************************************************************************** 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
11:00 AM
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 Linda F Cantor ESQ Victoria Newmark Nancy S Goldenberg
11:00 AM
Hearing RE: Motion to Extend Time To File Plan And Disclosure Statement (Motion filed 6/28/19)
Docket 234
Tentative 7/25/19 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):
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 Ryan W Beall
11:00 AM
Hearing RE: Approval Of First Disclosure Statement (D.S. filed 5/30/19)
[Tele. appr., Kelly M. Raftery, repr., Nationstar Mortgage LLC, dba Mr. Cooper]
Docket 76
- NONE LISTED -
Debtor(s):
Wallace Raymond Steffen Jr Represented By Anerio V Altman
11:00 AM
Hearing RE: First Interim Application For Allowance Of Compensation And Reimbursement Of Expenses Incurred As Counsel For The Debtor:
Period: 3/15/2019 to 6/24/2019 (Application filed 6/26/19)
[RE: ANERIO V. ALTMAN, Debtor's Attorney] [Fees: $13,650.00, Expenses: $378.49]
[Tele. appr., Kelly M. Raftery, repr., Nationstar Mortgage LLC, dba Mr. Cooper]
Docket 85
Tentative for 7/25/19 is to DENY without prejudice, as Applicant has failed to comply with requirements set forth in the local and federal rules for fee applications, including the following:
No client declaration, as required, by LBR 2016-1(a)(1)(J).
There is another professional, Buckingham, Doolittle and Burroughs, approved by order entered 6/3/19 [Dk.
80]. However, counsel did not file a 45-day interim notice of hearing in compliance with LBR 2016-1(a)(2)(A)
"[T]he amount of ... other accrued expenses of administration" is not listed as required by LBR 2016-1(a)(1) (A)(iii).
In addition, the billing entries are vague. Due to the format, it is difficult to determine whether the actual task performed was reasonable. Examples
11:00 AM
(non-exhaustive and illustrative only):
3/27/19 AA Main Case Time spent on scheduling $300
.40 $120
4/8/19 AA Main Case Handling the Notice of the Proof of Claim $300 .60 $180.00
6/12/19 AA Main Case Time spent on the phone with David
$300 .20 $60
6/18/19 AA Main Case Time spent on the phone with Wallace $300 1.1 $330
5/7/19 AA | MTE | Time spent on letter to David | $300 .5 |
$150 5/14/19 AA | MTE | MTE for Dreschler $300 2.9 | $870 |
Accordingly, the Court is inclined to DENY the Application. Applicant may file an amended fee application that resolves the foregoing issues.
Appearances are excused.
Debtor(s):
Wallace Raymond Steffen Jr Represented By Anerio V Altman
Movant(s):
Anerio V Altman Represented By Anerio V Altman
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;
4-24-18; 9-25-18; 2-26-19
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 Bruce P. Needleman - movant attorney Motion for Relief from Stay
Kinecta Federal Credit Union vs. DEBTOR (Motion filed 6/26/19)
Re: 2016 KIA OPTIMA-VIN: 5XXGU4L33GG0222731
EH
Docket 8
Tentative for 8/6/19 is to DENY for improper service. Alaska USA FCU, the entity scheduled by Debtor as lienholder, was not served as required by LBR 4001-1(c)(1)(C)(iv).
Appearances required.
Debtor(s):
Eyvette L Williams Represented By Neil R Hedtke
Movant(s):
Kinecta Federal Credit Union Represented By
Bruce P. Needleman
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, Lynda Bui, trustee (Motion filed 7/11/19)
Re: 2018 FORD MUSTANG; VIN: 1FA6P8CF8J5165955
EH
(Tele. appr. Sheryl K. Ith, rep. creditor TD Auto Finance, LLC)
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):
David B Jacquez Represented By Paul Y Lee
Movant(s):
TD Auto Finance LLC Represented By Sheryl K Ith
10:00 AM
Trustee(s):
Jennifer H Wang
Lynda T. Bui (TR) Pro Se
10:00 AM
L/O of William E. Windham - movant attorney Motion for relief from stay
Gordon Coop vs Debtor (Motion filed 7/11/19)
RE: 27478 Enterprise Dr. W. Temecula 92590 EH .
Docket 9
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 to Quit 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 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):
Samuel Jeffrey Scott Pro Se
Movant(s):
Gordon Coop Represented By William E Windham
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for relief from stay
First Investors Financial Services, Inc. vs DEBTOR (Motion filed 7/12/19)
RE: 2016 CHEVROLET TRAX VIN 3GNCJLSB9GL279205
EH
(Tele. appr. Sheryl K. Ith, rep. creditor, First Investors Fin. Serv.)
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):
Charles Michael Long Represented By Alexander Pham
Joint Debtor(s):
Sandra Jean Long Represented By Alexander Pham
10:00 AM
Movant(s):
First Investors Financial Services, Represented By
Jennifer H Wang
Trustee(s):
Lynda T. Bui (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, Larry D. Simons, chapter 7 trustee
(Motion filed 7/9/19)
Re: 2018 HONDA CIVIC, VIN: 2HGF C2F7 5JH5 24275
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):
Francisco Laureano-Gonzalez Represented By Marlin Branstetter
Movant(s):
AMERICAN HONDA FINANCE Represented By
Vincent V Frounjian
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
10:00 AM
Sissac Legal Group P.C. - movant attorney Motion for Relief from Stay
Financial Services Vehicle Trust vs. DEBTOR (Motion filed 7/9/19)
Re: 2018 BMW X3 xDrive30i Sport Utility 4D 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):
Jennifer Acosta Pro Se
Movant(s):
Financial Services Vehicle Trust Represented By
Cheryl A Skigin
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
TD Auto Finance LLC vs. DEBTOR, Lynda Bui, trustee (Motion filed 7/3/19)
Re: 2017 FORD F-250 SUPER DUTY VIN 1FT7W2BTXHED32123
EH
(Tele. appr. Sheryl K. Ith, rep. creditor, TD Auto Finance LLC)
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):
Jesse Olivares Represented By Andrew Nguyen
Movant(s):
TD Auto Finance LLC Represented By Jennifer H Wang
10:00 AM
Trustee(s):
Lynda T. Bui (TR) Pro Se
11:00 AM
Hrg. on Trustee's Final Report; Applications for Compensation EH
(Tele. appr. Lynda T. Bui, rep. Ch 7 Trustee)
Docket 0
Tentative for 8/06/19 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):
Chad M Cedotal Represented By Thomas Shanner Arnold H. Wuhrman
Joint Debtor(s):
Gina M Rico Represented By
Thomas Shanner Arnold H. Wuhrman
Trustee(s):
Lynda T. Bui (TR) Pro Se
11:00 AM
Hrg. on creditor, LaToya Redd's Motion filed 6/18/19 Objecting to Debtor's List of Exemptions
EH
(Cont. from 7/16/19)
(Tele. appr. LaToya S. Reed, rep. LaToya S. Reed)
Docket 9
Tentative for 8/06/19:
None listed.
***************************************************************************** Tentative for 7/16/19:
This matter is CONTINUED to August 6, 2019 at 11:00 a.m. No hearing will occur on 7/16/19. Appearances are excused.
Debtor(s):
David Henry Hilton Jr. Represented By Jenny L Doling Summer M Shaw
Movant(s):
LaToya S. Redd Pro Se
Trustee(s):
Arturo Cisneros (TR) Pro Se
11:00 AM
Hrg. on Debtors' Motion filed 6/10/19 to Avoid Lien California Business Bureau, Inc./ Freedom Mortgage /The HERO Program with California Business Bureau, Inc.
EH
Docket 11
Tentative is to CONTINUE to 9/4/19 at 11:00 a.m. to allow Movant to effect proper service on the junior consensual lienholder, The Hero Program.
LBR 4003-2(C)(2) requires that the motion, notice, and supporting documents be served on any other holder of a lien or encumbrance against the subject property. However, it appears that the junior consensual lienholder, The Hero Program, was not served. Movant is instructed to serve the appropriate papers on The Hero Program in accordance with LBR 4003-2(C)(2), and to serve notice of the continued hearing date in accordance with LBR 9013-1.
If this service defect is corrected and no further opposition is filed, the Court is inclined to grant the Motion. The Opposition filed on June 18, 2019 [Dk. 13] does not challenge the valuation of the property or any of the liens; it only challenges the inclusion of the junior consensual lienholder's lien value in the calculation for whether Debtors' exemption is impaired. However, the plain language of the statute contemplates inclusion of all liens that are not to be avoided, even junior consensual liens. See, Moldo v. Charnock (In re Charnock), 318 B.R. 720, 727 (B.A.P. 9th Cir. 2004) (permitting full avoidance of a judicial lien notwithstanding that it was a junior consensual lien that increased the total liens to impair the Debtor’s exemption, following the plain meaning of the statute in the face of competing policy arguments); see also In re Hanger, 217 B.R. 592 (BAP 9th Cir. 1997), aff'd 196 F.3d 1292 (9th Cir.
11:00 AM
1999) (requiring avoidance of the most junior involuntary liens first and excluding junior liens which have been already been avoided from the impairment calculation).
Appearances are excused for the 8/6/19 hearing.
Debtor(s):
Nicole Rae Romero Represented By Duane P Booth
Joint Debtor(s):
Jason Travis Romero Represented By Duane P Booth
Movant(s):
Nicole Rae Romero Represented By Duane P Booth Duane P Booth Duane P Booth
Jason Travis Romero Represented By Duane P Booth
Trustee(s):
Arturo Cisneros (TR) Pro Se
11:00 AM
Hrg. on Order to Show Cause for failure to make Installment payments EH
Docket 0
Tentative for 8/06/19 is to DISMISS case for failure to make installment payments.
Appearances required.
Debtor(s):
Manuel Angel Lian Pro Se
Trustee(s):
Larry D Simons (TR) Pro Se
1:30 PM
Hrg. on creditor, ROC Funding Group LLC Motion filed 7/1/19 for Leave to File Late Proof of Claim
EH
Docket 183
Tentative for 8/6/19 is to GRANT:
Note: Debtor does not oppose the granting of the motion. See Non- Opposition, Dk. 199, filed 7/23/19. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court 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
Movant(s):
ROC Funding Group, LLC Represented By Scott A Schiff
1:30 PM
Hrg. on Debtor's motion filed 11/21/18 for approval of chapter 11 Disclosure Statement
(Cont. from 6/11/19)
EH
Docket 53
Tentative for 8/6/19:
The Court has reviewed and considered all pleadings related to the Second Amended Disclosure Statement, including the Second Amended Disclosure Statement [Dk. 158] ("DS") and Plan [Dk. 156] ("Plan") filed on 6/25/19 [Dk. 158], the Opposition [Dk. 165] ("Opposition") filed by Community Valley Bank ("CVB") on 7/23/19, and the Reply to CVB’s Opposition [Dk. 171] ("Reply") filed on 7/30/19.
The Opposition filed by CVB is well taken. The Plan does not meet the standards for confirmation under 11 U.S.C. § 1129(a)(7). The Plan cannot be crammed down over CVB’s objection because the Plan is not "fair and equitable" to CVB. The Plan is not feasible under 11 U.S.C. § 1129(a)(11).
Appearances required.
Debtor(s):
Investment Group, LLC Represented By Todd L Turoci
1:30 PM
Movant(s):
Investment Group, LLC Represented By Todd L Turoci
1:30 PM
Hrg. on Chapter 11 Status Conference (Cont. from 7/16/19)
EH
Docket 1
- NONE LISTED -
Debtor(s):
Investment Group, LLC Represented By Todd L Turoci
1:30 PM
Hrg. on Debtor's Motion filed 7/16/19 for Partial Reconsideration and Modification of the Order Regarding Secured Status of Liens
EH
Docket 163
Tentative for 8/6/19:
The Motion, if really a Rule 60(b) motion, should be denied because it does not meet the standards for reconsideration under Rule 60(b). If, however, the Motion is a motion for clarification of the May 24, 2019 Order, it is premature as the Motion contemplates that a plan providing for a 30-year payout to CVB will be approved. This has not happened as of yet. The hearing with respect to the disclosure statement for such a plan is scheduled concurrently with this Motion; however, it is unlikely that the disclosure statement will be approved at this time.
Appearances required.
Debtor(s):
Investment Group, LLC Represented By Todd L Turoci
Movant(s):
Investment Group, LLC Represented By Todd L Turoci
10:00 AM
Hrg. on approval of reaffirmation Agreement Between Debtors and Navy Federal Credit Union, in the amount of $13,565.20
Re: 2014 Hyundai Elantra
Docket 10
- NONE LISTED -
Debtor(s):
Elson Angeles Bongon Represented By Theresa Hana
Joint Debtor(s):
Christina Elena Bongon Represented By Theresa Hana
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 6/26/19 Between Debtors and Navy Federal Credit Union, in the amount of $13,152.11
Re: 2014 Hyundai Sonata
Docket 12
- NONE LISTED -
Debtor(s):
Elson Angeles Bongon Represented By Theresa Hana
Joint Debtor(s):
Christina Elena Bongon Represented By Theresa Hana
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 7/15/19 Between Debtor and Ally Bank, in the amount of $7,915.80
Re: 2014 Nissan Sentra
Docket 11
- NONE LISTED -
Debtor(s):
Nicole N Glover Pro Se
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
Hrg. on Approval of Reaffirmation Agreement Between Debtor and Hyundai Capital America in the amount of $9,866.77
Re: 2013 Hyundai Elantra
Docket 12
- NONE LISTED -
Debtor(s):
Roberta Louise McCord Represented By Daniel King
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement Between Debtor and Aqua Finance, Inc., in the amount of $8,104.27
Re: Household goods
Docket 15
- NONE LISTED -
Debtor(s):
Roberta Louise McCord Represented By Daniel King
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 7/3/19 Between Debtor and Santander Consumer USA Inc., in the amount of $23,008.32
Re: 2018 Nissan Kicks
Docket 10
- NONE LISTED -
Debtor(s):
Clara Juarez Stuart Represented By Marlin Branstetter
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation, in the amount of $17,168.52
Re: 2016 Toyota RAV4
Docket 13
- NONE LISTED -
Debtor(s):
Monica Alicia Pitts Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Hrg on Approval of Reaffirmation Agreement Between Debtor and Consumer Portfolio Services in the amount of $13,204.22
Re: 2016 Kia Rio
Docket 15
- NONE LISTED -
Debtor(s):
Michelle Therese Johnston-Swanson Represented By
Michael E Clark
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement Between Debtor and SkyOne Federal Credit Union, in the amount of $6,677.56
Re: 2013 Kia Optima
Docket 10
- NONE LISTED -
Debtor(s):
Flovonne M Henry Pro Se
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement Between Debtor and SkyOne Federal Credit Union, in the amount of $6,807.12
Re: 2013 Kia Optima
(2013 Kia Optima crossed w/signature loan)
Docket 11
- NONE LISTED -
Debtor(s):
Flovonne M Henry Pro Se
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 7/10/19 Between Debtor and Ally Bank, in the amount of $23,745.26
Re: 2011 GMC Yukon XL
Docket 9
- NONE LISTED -
Debtor(s):
James Raymond Richardson Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation filed 7/26/19 Between Debtor and Ally Bank, in the amount of $9,610.18
Re: 2013 Volkswagen Passat
Docket 14
- NONE LISTED -
Debtor(s):
James Raymond Richardson Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation, in the amount of $7,854.21
Re: 2014 Toyota Camry
Docket 11
- NONE LISTED -
Debtor(s):
Juliette Richardson Pro Se
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
Hrg on Approval of Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation in the amount of $15,445.58
Re: 2017 Toyota Tacoma
Docket 10
- NONE LISTED -
Debtor(s):
Hector Zapien Cano Represented By
Earl Robertson III
Joint Debtor(s):
Elizabeth Cano Represented By
Earl Robertson III
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement Between Debtor and Partners Federal Credit Union, in the amount of $27,464.79
Re: 2019 Kia Optima
Docket 11
- NONE LISTED -
Debtor(s):
Corrina Escajeda Pro Se
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 7/19/19 Between Debtor and Tustin Community Bank, in the amount of $5,460.05
Re: 2012 Chevy Malibu
Docket 13
- NONE LISTED -
Debtor(s):
Corrina Escajeda Pro Se
Trustee(s):
Karl T Anderson (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 5/1/19) 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#: 6:18-01217 Liao v. Zhuang
Hrg on Defendant's Motion filed 6/27/19 for Withdrawal of Admissions under Federal Rule of Civil Procedure 36(b)
EH
Docket 61
Tentative for 8/07/19:
The Court is inclined to GRANT the motion and issue a new scheduling order, extending all previously established dates/deadlines.
Appearances required.
Debtor(s):
Judy Zhuang Represented By
Todd L Turoci
Defendant(s):
Judy Zhuang Represented By
Todd L Turoci
Plaintiff(s):
Chih Ling Liao Represented By Sam X J Wu
Trustee(s):
Todd A. Frealy (TR) Pro Se
1:30 PM
Adv#: 6:19-01078 Main Credit Corporation v. Stevens et al
STATUS CONFERENCE re: Complaint by Main Credit Corporation against Wesley L Stevens, Vanessa Lyn Stevens - §§ 523(a)(2), 523(a)(4), 523(a)(6)
EH
Docket 1
Tentative for 8/7/19:
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: January 17, 2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: March 13, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
Pretrial conference: April 15, 2020 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 monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.
Plaintiff is to lodge a scheduling order within seven (7) days.
Debtor(s):
Wesley L Stevens Represented By Neil R Hedtke
1:30 PM
Defendant(s):
Wesley L Stevens Pro Se
Vanessa Lyn Stevens Pro Se
Joint Debtor(s):
Vanessa Lyn Stevens Represented By Neil R Hedtke
Plaintiff(s):
Main Credit Corporation Represented By
Kathryn M.S. Catherwood
Trustee(s):
Steven M Speier (TR) Pro Se
11:00 AM
Adv#: 8:19-01057 Stubbs v. United States of America, by its agency Internal R
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Tax Liability
(Complaint filed 3/31/19) FR: 6-11-19; 6-12-19
Docket 1
- NONE LISTED -
Debtor(s):
Joe P Stubbs Represented By
Bruce A Boice
Defendant(s):
United States of America, by its Pro Se
Plaintiff(s):
Joe P Stubbs Represented By
Bruce A Boice
Trustee(s):
Jeffrey I Golden (TR) Represented By
Jeffrey I Golden (TR)
11:00 AM
Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses
(Trustee's Report filed 6/25/19)
[RE: JEFFREY I. GOLDEN - Chapter 7 Trustee] [Fees: $14,250.00; Expenses: $107.71]
[RE: MARSHACK HAYS, LLP - Attorney for Chapter 7 Trustee] [Fees: $43,211.50; Expenses: $1,145.71]
[RE: HAHN, FIFE & COMPANY, LLP - Accountant for Trustee] [Fees: $3,612.00; Expenses: $391.70]
Docket 72
Tentative for 8/07/19 is to APPROVE as requested, except that the Final Fees awarded to Marshack Hays are reduced by $938.00, which are fees associated with the preparation of its employment application. This approval is contingent upon the Trustee filing a declaration in support of the 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) (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, 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):
Charles B Daye Represented By Michael R Totaro
Joint Debtor(s):
Alice L Daye Represented By
Michael R Totaro
Trustee(s):
Jeffrey I Golden (TR) Represented By Richard A Marshack Judith E Marshack Laila Masud
11:00 AM
Adv#: 8:19-01050 Marshack v. Yellowstone Capital West, LLC
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Avoidance Of Preferential Transfers Pursuant To 11 U.S.C. Section 547;
Avoidance Of Post-Petition Transfers Pursuant To 11 U.S.C. Section 549(a);
Recovery Of Property Pursuant To 11 U.S.C. Section 550;
Preservation Of Avoided Transfers Pursuant To 11 U.S.C. Section 551;
Disallowance Of Claims Pursuant To 11 U.S.C. Section 502(d);
Turnover Of Property Of The Estates Pursuant To 11 U.S.C. Section 542;
Predatory Lending Pursuant To California Business And Professions Code Section 17200;
Equitable Subordination Of Claims Pursuant To 11 U.S.C. Section 510(c);
And
Declaratory Relief (Complaint filed 3/20/19)
FR: 6-26-19
Docket 1
- NONE LISTED -
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Defendant(s):
Yellowstone Capital West, LLC Pro Se
11:00 AM
Plaintiff(s):
Richard A. Marshack Represented By Jeffrey I Golden
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen
Matthew Grimshaw
11:00 AM
Adv#: 8:19-01051 Marshack v. Yes Funding Services LLC
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Avoidance Of Preferential Transfers Pursuant To 11 U.S.C. Section 547;
Recovery Of Property Pursuant To 11 U.S.C. Section 550;
Preservation Of Avoided Transfers Pursuant To 11 U.S.C. Section 551;
Disallowance Of Claims Pursuant To 11 U.S.C. Section 502(d);
Turnover Of Property Of The Estates Pursuant To 11 U.S.C. Section 542;
Predatory Lending Pursuant To California Business And Professions Code Section 17200;
Equitable Subordination Of Claims Pursuant To 11 U.S.C. Section 510(c);
And
Declaratory Relief (Complaint filed 3/20/19)
FR: 6-26-19
Docket 1
- NONE LISTED -
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Defendant(s):
Yes Funding Services LLC Pro Se
Plaintiff(s):
Richard A. Marshack Represented By
11:00 AM
Trustee(s):
Jeffrey I Golden
Richard A Marshack (TR) Represented By
D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen
Matthew Grimshaw
11:00 AM
Adv#: 8:19-01049 Marshack v. Richmond Capital Group
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Avoidance Of Preferential Transfers Pursuant To 11 U.S.C. Section 547;
Recovery Of Property Pursuant To 11 U.S.C. Section 550;
Preservation Of Avoided Transfers Pursuant To 11 U.S.C. Section 551;
Disallowance Of Claims Pursuant To 11 U.S.C. Section 502(d);
Turnover Of Property Of The Estates Pursuant To 11 U.S.C. Section 542;
Predatory Lending Pursuant To California Business And Professions Code Section 17200;
Equitable Subordination Of Claims Pursuant To 11 U.S.C. Section 510(c);
And
Declaratory Relief (Complaint filed 3/20/19)
FR: 6-26-19
Docket 1
- NONE LISTED -
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Defendant(s):
Richmond Capital Group Pro Se
Plaintiff(s):
Richard A. Marshack Represented By
11:00 AM
Trustee(s):
Jeffrey I Golden
Richard A Marshack (TR) Represented By
D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen
Matthew Grimshaw
11:00 AM
Adv#: 8:19-01080 Marshack v. Kassir
STATUS CONFERENCE Hearing RE: Complaint To Deny Debtor's Discharge Per 11 U.S.C. Section 727
(Complaint filed 5/6/19)
Docket 1
NONE LISTED -
Debtor(s):
Hassan Abbas Kassir Pro Se
Defendant(s):
Hassan Abbas Kassir Pro Se
Plaintiff(s):
Richard A Marshack Represented By Donald W Sieveke
Trustee(s):
Richard A Marshack (TR) Pro Se
11:00 AM
Adv#: 8:19-01081 Marshack v. Kassir
STATUS CONFERENCE Hearing RE: Complaint To Deny Debtor's Discharge Per 11 U.S.C. Section 727
(Complaint filed 5/6/19)
Docket 1
NONE LISTED -
Debtor(s):
Sukeinah Hassan Kassir Pro Se
Defendant(s):
Sukeinah Hassan Kassir Pro Se
Plaintiff(s):
Richard A Marshack Represented By Donald W Sieveke
Trustee(s):
Richard A Marshack (TR) Pro Se
11:00 AM
Hearing RE: Motion To Compel Chapter 7 Trustee To Abandon Property Of The Estate
[11 U.S.C. Section 554] (Motion filed 7/2/19)
Docket 29
Tentative for 8/07/19 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):
Wayne E Owens Represented By Dennis Connelly
Joint Debtor(s):
Cynthia L Owens Represented By Dennis Connelly
Trustee(s):
Karen S Naylor (TR) Pro Se
10:00 AM
CONT'D Motion for relief from stay [Real Property]
MUFG Union Bank vs. DEBTOR (Motion filed 3/29/19)
[RE: 12 Oak Canyon Trail, Coto De Caza, California 92679]
FR: 5-2-19
[Tele. appr., Bryan S. Faiman, repr., MUFG Union Bank, N.A.]
Docket 12
Updated Tentative for 8/8/19:
In addition to the reasons stated in the previous tentative, the Court DENIES this matter as moot. On August 7, 2019, the Court granted by default the Debtor's Motion to Compel Abandonment [Dk. 29], seeking an order compelling the Trustee to abandon 12 Oak Canyon Trail, Coto de Caza, CA, the same property that is the subject of this Motion for Relief from Stay. An order compelling abandonment of this property has been entered or will be entered shortly. Once the property has been abandoned, the automatic stay no longer applies.
If the Movant does not oppose this tentative ruling, appearances are excused. Movant is to lodge an order within seven (7) days.
****************************************************************************************
*
Tentative for 8/08/19 is to DENY:
Movant appears to be adequately protected as it possesses an equity cushion which exceeds 25%. The Ninth Circuit has held that a 20% equity cushion
10:00 AM
adequately protects a creditor’s security interest. In re Mellor, 734 F.2d 1396, 1401 (9th Cir. 1984).
Appearances required.
Debtor(s):
Wayne E Owens Represented By Dennis Connelly
Joint Debtor(s):
Cynthia L Owens Represented By Dennis Connelly
Movant(s):
MUFG UNION BANK, N.A., FKA Represented By
Joseph C Delmotte
Trustee(s):
Karen S Naylor (TR) Pro Se
10:00 AM
Motion for relief from stay [Personal Property]
Ford Motor Credit Company LCC vs. DEBTOR (Motion filed 7/5/19)
[RE: 2015 Ford Escape - VIN No.: 1FMCU0F76FUB95234]
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):
Steven Frank Schaumburg Represented By
Ethan Kiwhan Chin
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
Motion for relief from stay [Real Property]
The Bank Of New York Mellon FKA The Bank Of New York, As Trustee For The Certificateholders Of The CWABS, Inc., Asset-Backed Certificates, Series
2007-1, It Successors And/Or Assigns vs. DEBTOR (Motion filed 7/10/19)
[RE: 13336 Dunklee Avenue, Garden Grove, CA 92840-6114] [Tele. appr., Kelsey Luu, repr., The Bank Of New York Mellon]
Docket 13
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 submitted evidence that the filing was part of a scheme to delay or hinder Movant's foreclosure and involved both unauthorized transfers and 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.
10:00 AM
Movant to lodge an order within seven (7) days.
Debtor(s):
Heather J Michael Represented By Lawrence P Bellomo
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
Motion for relief from stay [Personal Property]
Southland Credit Union vs. DEBTOR (Motion filed 7/16/19)
[RE: 2018 Honda Civic - VIN No.: SHHFK7H45JU425347]
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):
Joseph Andrew Cortez Represented By Timothy McFarlin
Trustee(s):
Weneta M Kosmala (TR) Pro Se
11:00 AM
Adv#: 8:19-01093 TD REO Fund, LLC et al v. Singal et al
STATUS CONFERENCE Hearing RE: Complaint For:
Breach Of Guaranty Contracts;
Breach Of Lease Agreement;
Breach Of Security Instrument (Complaint filed 5/17/19)
[Tele. appr., Jeanne M. Jorgensen, repr., Wayne Masunaga and Lynn Mizuno-Masunaga]
[Tele. appr., Charity J. Manee, repr., Michael Will and Paul Nih]
Docket 1
Tentative for 8/08/19:
This matter is CONTINUED to November 7, 2019 at 11:00 a.m. A status report (whether joint or unilateral) is due 14 days in advance.
Appearances are excused.
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
Corey R Weber Michael W Davis Kathy Bazoian Phelps Timothy W Evanston
Defendant(s):
Suneet Singal Pro Se
First Capital Real Estate Pro Se
Stephen Howell Pro Se
Central Valley Gas Stations Atwater Pro Se
Plaintiff(s):
TD REO Fund, LLC Represented By Michael W Davis
TD Opportunity Fund, LLC Represented By Michael W Davis
11:00 AM
Adv#: 8:19-01086 Equity Indexed Managed Fund, LLC v. Goldschmied et al
STATUS CONFERENCE Hearing RE: Complaint For Breach Of Contract (Promissory Note)
(Complaint filed 5/15/19)
Docket 1
Tentative for 8/08/19:
This matter is CONTINUED to November 7, 2019 at 11:00 a.m. A status report (whether joint or unilateral) is due 14 days in advance.
Appearances are excused.
Debtor(s):
Equity Indexed Managed Fund LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Kyra E Andrassy
Defendant(s):
Steven (Steve) Goldschmied Pro Se
Newport Investments, LLC Pro Se
Newport Investments, LLC Pro Se
Plaintiff(s):
Equity Indexed Managed Fund, LLC Represented By
Michael W Davis
11:00 AM
Adv#: 8:19-01087 TD REO Fund LLC v. Nih
STATUS CONFERENCE Hearing RE: Complaint To Avoid And Recover Fraudulent Transfer
[11 U.S.C. Sections 544, 548(a)(1)(A) And (B), 550(a)(1) And (2) And California Civil Code Section 3439, et seq.]
(Complaint filed 5/15/19)
[Tele. appr., Jeanne M. Jorgensen, repr., Wayne Masunaga and Lynn Mizuno-Masunaga]
[Tele. appr., Charity J. Manee, repr., Michael Will and Paul Nih]
Docket 1
Tentative for 8/08/19:
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: January 31, 2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: March 13, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
Pretrial conference: April 16, 2020 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 monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.
Plaintiff is to lodge a scheduling order within seven (7) days.
11:00 AM
Debtor(s):
TD REO Fund LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Kyra E Andrassy
Defendant(s):
Paul Nih Pro Se
Plaintiff(s):
TD REO Fund LLC Represented By Michael W Davis
11:00 AM
Adv#: 8:19-01088 TD REO Fund LLC v. Sage et al
STATUS CONFERENCE Hearing RE: Complaint To Avoid And Recover Fraudulent Transfers
[11 U.S.C. Sections 544, 548(a)(1)(A) And (B), 550(a)(1) And (2) And California Civil Code Section 3439, et seq.]
(Complaint filed 5/15/19)
[Tele. appr., Jeanne M. Jorgensen, repr., Wayne Masunaga and Lynn Mizuno-Masunaga]
[Tele. appr., Charity J. Manee, repr., Michael Will and Paul Nih]
Docket 1
Tentative for 8/08/19:
This matter is CONTINUED to November 7, 2019 at 11:00 a.m. A status report (whether joint or unilateral) is due 14 days in advance.
Appearances are excused.
Debtor(s):
TD REO Fund LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Kyra E Andrassy
Defendant(s):
Loisanne Sage Pro Se
Loisanne Sage as the trustee of the Pro Se
11:00 AM
Plaintiff(s):
TD REO Fund LLC Represented By Michael W Davis
11:00 AM
Adv#: 8:19-01089 TD REO Fund LLC v. Mukda
STATUS CONFERENCE Hearing RE: Complaint To Avoid And Recover Fraudulent Transfer
[11 U.S.C. Sections 544, 548(a)(1)(A) And (B), 550(a)(1) And (2) And California Civil Code Section 3439, et seq.]
(Complaint filed 5/15/19)
[Tele. appr., Jeanne M. Jorgensen, repr., Wayne Masunaga and Lynn Mizuno-Masunaga]
[Tele. appr., Charity J. Manee, repr., Michael Will and Paul Nih]
Docket 1
Tentative for 8/08/19:
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: January 31, 2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: March 13, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
Pretrial conference: April 16, 2020 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 monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.
Plaintiff is to lodge a scheduling order within seven (7) days.
11:00 AM
Debtor(s):
TD REO Fund LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Kyra E Andrassy
Defendant(s):
Norma Mukda Pro Se
Plaintiff(s):
TD REO Fund LLC Represented By Michael W Davis
11:00 AM
Adv#: 8:19-01090 TD REO Fund LLC v. Will
STATUS CONFERENCE Hearing RE: Complaint To Avoid And Recover Fraudulent Transfers
[11 U.S.C. Sections 544, 548(a)(1)(A) And (B), 550(a)(1) And (2) And California Civil Code Section 3439, et seq.]
(Complaint filed 5/15/19)
[Tele. appr., Jeanne M. Jorgensen, repr., Wayne Masunaga and Lynn Mizuno-Masunaga]
[Tele. appr., Charity J. Manee, repr., Michael Will and Paul Nih]
Docket 1
Tentative for 8/08/19:
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: January 31, 2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: March 13, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
Pretrial conference: April 16, 2020 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 monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.
Plaintiff is to lodge a scheduling order within seven (7) days.
11:00 AM
Debtor(s):
TD REO Fund LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Kyra E Andrassy
Defendant(s):
Michael J. Will Pro Se
Plaintiff(s):
TD REO Fund LLC Represented By Michael W Davis
11:00 AM
Adv#: 8:19-01091 TD REO Fund LLC v. Masunaga et al
STATUS CONFERENCE Hearing RE: Complaint To Avoid And Recover Fraudulent Transfer
[11 U.S.C. Sections 544, 550(a)(1) And (2) And California Civil Code Section 3439, et seq.]
(Complaint filed 5/15/19)
[Tele. appr., Jeanne M. Jorgensen, repr., Wayne Masunaga and Lynn Mizuno-Masunaga]
[Tele. appr., Charity J. Manee, repr., Michael Will and Paul Nih]
Docket 1
Tentative for 8/08/19:
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: January 31, 2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: March 13, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
Pretrial conference: April 16, 2020 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 monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.
Plaintiff is to lodge a scheduling order within seven (7) days.
11:00 AM
Debtor(s):
TD REO Fund LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Kyra E Andrassy
Defendant(s):
Wayne Masunaga Pro Se
Lynn Mizuno Masunaga Pro Se
Plaintiff(s):
TD REO Fund LLC Represented By Michael W Davis
11:00 AM
Adv#: 8:19-01092 WJA Secure Income Fund, LLC v. Winget, Spadafora & Schwartzberg, LLP
STATUS CONFERENCE Hearing RE: Complaint For Unjust Enrichment (Complaint filed 5/17/19)
Docket 1
- NONE LISTED -
Debtor(s):
WJA Secure Income Fund LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello
Defendant(s):
Winget, Spadafora & Schwartzberg, Pro Se Arto J. Nuutinen Pro Se
Plaintiff(s):
WJA Secure Income Fund, LLC Represented By Michael W Davis
11:00 AM
CONT'D Hearing RE Post Confirmation Report 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)
(Set at Fourth Amended Ch. 11 Plan hearing held 8/23/18) FR: 1-16-19; 4-18-19
Docket 154
Tentative for 8/08/19:
The Court has received and reviewed the status report filed on July 24, 2019 [Dk. 224], and will set a CONTINUED status conference date of December 19, 2019, at 11:00 a.m. A status report is due 14 days in advance. In filing the next report, Debtor is directed to fully comply with LBR 3020-1(b).
Appearances are excused.
***************************************************************************** Tentative for 4/18/19:
The Court has received and reviewed the status report filed on April 3, 2019 [Dk. 213], and will set a CONTINUED status conference date of September 19, 2019, at 11:00 a.m. A status report is due 14 days in advance.
The Court notes that the Status Report contains the following representation: Debtor issued payment CitiMortgage as required
11:00 AM
under the stipulation and plan, but the payment was refused and returned to the Debtor. Pursuant to the terms and provisions of the confirmed Chapter 11 Plan, the failure of CitiMortgage to process the payment within 60 days of the date of the check has relieved the Debtors of any further payment obligations to CitiMortgage.
Status Report, pg. 5:12-17.
This representation is inconsistent with the language in Stipulation re Treatment of Claim under Debtors Proposed Chapter 11 Plan, filed on March 29, 2019 [Dk. 135], and incorporated into the Fourth Amended Chapter 11 Plan [Dk. 175] as Exhibit H to the Fourth Amended Disclosure Statement [Dk. 165]. However, the status of payments or requirement for future payments to CitiMortgage pursuant to the plan is not presently at issue before the Court, and the Court makes no ruling at this time.
Appearances are 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
CONT'D Hearing RE: Motion For Order To Reinstate Wilco Life Insurance Company (Formerly Conseco Life Insurance Company) Policy Pursuant to Debtors' Confirmed Chapter 11 Plan
(Motion filed 12/28/18)
FR: 2-7-19; 3-21-19; 5-2-19
Docket 198
- 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 7/24/18)
FR: 9-13-18; 9-20-18; 12-20-18; 3-21-19; 4-18-19; 6-27-19
Docket 1
Tentative for 8/08/19:
None listed.
******************************************************************************* Tentative for 3/21/19:
The Court has received and reviewed the status report filed on March 6, 2019 [Dk. 45]. The Status Conference is CONTINUED to April 19, 2019 at 11:00
a.m. to coincide with the hearing on the Disclosure Statement filed on February 19, 2019, [Dk. 42]. A status report is due 14 days in advance.
Appearances are excused.
***************************************************************************** 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:
11:00 AM
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
CONT'D Hearing RE: Confirmation Of Chapter 11 Plan Of Reorganizaton (Plan Confirmation hearing set at D.S. hearing held 4/18/19)
FR: 4-18-19; 6-27-19
Docket 43
NONE LISTED -
Debtor(s):
Tina Hong-Ngoc Trinh Represented By Michael Jones Sara Tidd
11:00 AM
CONT'D Hearing RE: Motion For Dismissal, Or In The Alternative, Conversion To Chapter 7
(Motion filed 5/31/19) FR: 6-27-19
Docket 46
NONE LISTED -
Debtor(s):
The Brandywine Trust Dated August Represented By
Simon Aron
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 4/15/19) FR: 6/13/19; 6-27-19
Docket 1
NONE LISTED -
Debtor(s):
The Brandywine Trust Dated August Represented By
Simon Aron
11:00 AM
STATUS CONFERENCE Hearing RE: (1) Case Management Conference And
(2) Requiring Status Report (Petition filed 6/24/19)
Docket 0
- NONE LISTED -
Debtor(s):
Lightning Technology, Inc. Represented By Bert Briones
11:00 AM
Hearing RE: Application By Debtor-In-Possession To Employ Bert Briones/Red Hill Law Group As General Bankruptcy Counsel
(Motion filed 7/8/19)
(Set per Order Entered 7/26/19)
Docket 31
- NONE LISTED -
Debtor(s):
Lightning Technology, Inc. Represented By Bert Briones
10:00 AM
Vanlochem & Associates LLP - movant attorney Motion for Relief from Stay
Nissan Motor Acceptance Corporation vs. DEBTORS (Motion filed 7/17/19)
Re: 2017 NISSAN ALTIMA, VIN #: 1N4AL3AP4HC470945
EH
Docket 20
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):
Bryan Spencer Robertson Represented By Daniel King
Joint Debtor(s):
Jennie Melissa Robertson Represented By Daniel King
10:00 AM
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
Bonial & Associates, P.C. - movant attorney Motion for Relief from Stay
Toyota Motor Credit Corporation vs. DEBTOR (Motion filed 7/12/19)
Re: 2017 TOYOTA COROLLA
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):
Frinee Graciela Mayagoitia Represented By Brian J Soo-Hoo
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
Shapiro, Van Ess, Sherman & Marth, LLP - movant attorney Motion for Relief from Stay
Dakota Financial LLC vs. DEBTORS (Motion filed 7/10/19)
Re: 2018 Texas Pride Car Hauler EH
Docket 13
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 Movant has not provided admissible evidence of value.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Filiberto Davila Represented By Keith Q Nguyen
Joint Debtor(s):
Beatriz Davila Represented By Keith Q Nguyen
10:00 AM
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
Tiffany & Bosco - movant attorney Motion for relief from stay
Bank of America, NA vs DEBTOR (Motion filed 7/19/19)
RE: U 2013 HYUNDAI SONATA; VIN NO. 5NPEC4AC7DH567151
EH
Docket 37
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):
Braulio Alberto Meza Represented By
David Hernandez Jr
Trustee(s):
Steven M Speier (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. DEBTORS, and Todd Frealy, chapter 7 trustee
(Motion filed 7/18/19)
Re: 2018 HONDA CIVIC, VIN: 2HGF C2F7 0JH5 28363
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):
Rafael L. Prado Represented By Keith Q Nguyen
Joint Debtor(s):
Natalie K. Agoncillo Represented By Keith Q Nguyen
10:00 AM
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
Law Offices of Vincent V Frounjian - movant attorney Motion for relief from stay
Mechanics Bank vs DEBTOR, Arturo Cisneros, Trustee (Motion filed 7/19/19)
RE: 2017 HONDA ACCORD, VIN: 1HGC R2F3 5HA1 69194
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):
Cristian Eduardo Medrano Cantalan Pro Se
Joint Debtor(s):
Jovita Almaraz-Valdes Pro Se
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
H.G. Long & Associates - movant attorney Motion for Relief from Stay
Wenting Hu vs. DEBTORS (Motion filed 7/30/19)
Re: 8265 Gamebird St., Eastvale, CA EH
Docket 14
Tentative for 8/13/19 is to GRANT pursuant to § 362(d)(1) and § 362(d)(4), with extraordinary relief and 4001(a)(3) waiver as requested.
Movant to lodge an order within seven (7) days.
Debtor(s):
Daniel Jesus Spear Tudares Pro Se
Joint Debtor(s):
Mariela Rosse Jackson Pro Se
Trustee(s):
Lynda T. Bui (TR) Pro Se
11:00 AM
Hrg. on trustee's final report; applications for compensation EH
Docket 0
Tentative for 8/13/19 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):
Joan Velarde Represented By
Emilia N McAfee
Trustee(s):
Arturo Cisneros (TR) Represented By Donald Reid Robert P Goe
11:00 AM
Hrg on Chapter 7 Trustee's Fourth and Final Motion filed 6/20/19 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 82
Tentative 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 joint motion of Debtors and creditors, Michael and Jennifer Sanchez, for an order (1) Establishing conditions and procedures for dismissal of case under 11 U.S.C. §707(a);(2).Granting permission to Debtors to draw on their reverse mortgage, held by Ocwen or its successor, to pay the settlement payment to Michael and Jennifer Sanchez only; and (3) Dismissal of this case when all conditions and procedures for dismissal have been fulfilled
EH
Docket 27
Tentative for 8/13/19 is to GRANT.
Appearances are required, either on the phone or in person. The Court has certain inquires it would like to make.
Debtor(s):
Marion Gilbert Sandoval Represented By
Linda Roberts-Ross
Joint Debtor(s):
Rosario Sandoval Represented By
Linda Roberts-Ross
Trustee(s):
Todd A. Frealy (TR) Pro Se
1:30 PM
Hrg. on Chapter 11 Status Conference (Cont. from 4/30/19)
EH
Docket 0
Tentative for 8/13/19:
This matter is CONTINUED to December 17, 2019 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
*************************************************************************** Tentative for 4/30/19:
The Court has received and reviewed the Status Reports filed by Debtor [Dk. 1109] and Minority Voting Trust [Dk. 1110] on April 16, 2019. This matter is CONTINUED to August 13, 2019 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
Orange County Nursery, Inc. Represented By David S Kupetz Steven Werth Elissa Miller
1:30 PM
Arthur Gutierrez Longoria Tamar Terzian
1:30 PM
Hrg. on Debtor's Motion filed 7/25/19 to Extend Time to Assume or Reject Unexpired Real Property Lease
EH
Docket 139
Tentative for 8/13/19 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):
Banner Mattress, Inc. Represented By Daniel J Weintraub Nina Z Javan James R Selth
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), § 523(a)(4), §523(a)(6))
(Cont. from 6/26/19) EH
Docket 1
Tentative for 8/14/19:
As of the posting of this tentative, no updated status report for the August 14, 2019 status conference has been filed, advising the Court whether Defendants have sought a further appeal.
Appearances required.
***************************************************************************** Tentative for 6/26/19:
This matter is CONTINUED to August 14, 2019 at 1:30 p.m. A status report (whether joint or unilateral) is due 14 days in advance. Note: If Defendants have not sought a further appeal by this time, the Court will move forward with this case and expects the Parties to fully participate in the preparation of a meaningful joint status report.
Appearances are excused.
*************************************************************************** Tentative for 10/24/18:
1:30 PM
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:
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:
1:30 PM
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
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
1:30 PM
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#: 6:19-01033 Bui v. Figueroa
STATUS CONFERENCE re: Complaint by Lynda T. Bui against Marco Figueroa - § 548 fraudulent transfer, § 542 turnover of property, Declaratory judgment
(Cont. from 5/1/19)
Docket 1
- NONE LISTED -
Debtor(s):
Nely Avelar Represented By
Suzette Douglas
Defendant(s):
Marco Figueroa Pro Se
Plaintiff(s):
Lynda T. Bui Represented By
Brandon J Iskander
Trustee(s):
Lynda T. Bui (TR) Pro Se
1:30 PM
Adv#: 6:18-01239 Virginia Bills a deceased individual, by and throu v. Uy
STATUS CONFERENCE re: Complaint by Virginia Bills a deceased individual, by and through her personal representatives Joyce Stablein and Danny White against Mark D. Uy - 523(a)(6)
EH
(Cont. from 2/27/19)
Docket 1
Tentative for 8/14/19:
The Court has received and reviewed the Status Report filed August 6, 2019 [Dk. 12] and will CONTINUE this matter to January 22, 2020 at 1:30 p.m. This matter is stayed pending resolution of the state court action. A status report is due 14 days in advance. The status report must include the procedural status as to Debtor of the pending state court action. Either side may request an earlier status conference date upon written application to the Court.
Appearances are excused.
**************************************************************************** Tentative for 2/27/19:
Relief from stay was granted to Plaintiff by an order entered February 13, 2019 [Dk. 30] to proceed in state court. Accordingly, this matter is CONTINUED to August 14, 2019 at 1:30 p.m. A status report is due 14 days in advance. The status report must include the procedural status as to Debtor of the pending state court action. Either side may request an earlier status conference date upon written application to the Court.
Appearances are excused.
1:30 PM
Debtor(s):
Mark D. Uy Represented By
Raymond Obiamalu
Defendant(s):
Mark D. Uy Pro Se
Plaintiff(s):
Virginia Bills a deceased individual, Represented By
Douglas A Plazak
Trustee(s):
Lynda T. Bui (TR) Pro Se
1:30 PM
Adv#: 6:19-01054 Frealy v. Obrien et al
STATUS CONFERENCE RE: Complaint by Todd A. Frealy against John Obrien, Collene O'Brien, Kathalene M. Miller- §542 turnover of property, Declaratory judgment
(Cont. from 6/12/19) EH
Docket 1
Tentative for 8/14/19:
The Court has received and reviewed the Status Report filed July 30, 2019 [Dk. 14] in which the parties represent that they are actively engaged in settlement negotiations and anticipate reaching an agreement. Accordingly, the Court will CONTINUE this matter to October 23, 2019 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
John Obrien Represented By
Christopher J Murtagh
Defendant(s):
John Obrien Pro Se
Collene O'Brien Pro Se
Kathalene M. Miller Pro Se
1:30 PM
Joint Debtor(s):
Tracy Obrien Represented By
Christopher J Murtagh
Plaintiff(s):
Todd A. Frealy Represented By
Michelle A Marchisotto
Trustee(s):
Todd A. Frealy (TR) Represented By Christopher J Murtagh Michelle A Marchisotto
1:30 PM
Adv#: 6:19-01078 Main Credit Corporation v. Stevens et al
STATUS CONFERENCE re: Complaint by Main Credit Corporation against Wesley L Stevens, Vanessa Lyn Stevens - §§ 523(a)(2), 523(a)(4), 523(a)(6)
EH
(Cont. from 8/7/19)
Docket 1
Tentative for 8/14/19:
As discussed at the 8/7/19 hearing, this matter was continued to 8/14/19 for the purposes of allowing the parties to consider, and weigh in on, whether relief from stay should be granted, and this matter stayed, to allow resolution of the state court proceeding. The parties are to provide an oral report and may appear in person or telephonically.
***************************************************************************** Tentative for 8/7/19:
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: January 17, 2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: March 13, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
Pretrial conference: April 15, 2020 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 monetary
1:30 PM
and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.
Plaintiff is to lodge a scheduling order within seven (7) days.
Debtor(s):
Wesley L Stevens Represented By Neil R Hedtke
Defendant(s):
Wesley L Stevens Pro Se
Vanessa Lyn Stevens Pro Se
Joint Debtor(s):
Vanessa Lyn Stevens Represented By Neil R Hedtke
Plaintiff(s):
Main Credit Corporation Represented By
Kathryn M.S. Catherwood
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
Adv#: 8:18-01006 Richard A. Marshack, Chapter 7 Trustee, v. Larson et al
CONT'D STATUS CONFERENCE Hearing RE: Status Of Appeal 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 Preserve Collateral Securing Their Claims; And
Damages For Violations Of Section 807 Of The FDCPA, 15 U.S.C. Section 1692e
[STATUS CONFERENCE AS TO PETER KOTE, BANK OF AMERICA; DANIEL KEITH LARSON, AND ERIN ELLEN LARSON]
(Complaint filed 1/9/18) (PTC set at S/C held 3/8/18) (S/C set per Order Entered 10-9-18)
[Holding Date]
FR: Advanced from 4-18-18; 9-19-18; 12-5-18; 2-20-19; 2-27-19; 3-20-19;
5-15-19
Docket 1
Tentative for 8/14/19:
This matter is CONTINUED to December 18, 2019, at 11:00 a.m. If all appeals have not been completed and the case has not been dismissed, a status report is due 14 days in advance.
Appearances are excused.
*************************************************************************** Tentative for 5/15/19:
This matter is CONTINUED to August 14, 2019, at 10:00 a.m., as a holding
10:00 AM
date to allow resolution of any issues related to the appeal of the Order Approving Settlement between Trustee and Peter Kote.
If all appeals have not been completed and the case has not been dismissed, a status report is due 14 days in advance.
Appearances are excused.
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
11:00 AM
Adv#: 8:18-01064 Marshack v. Castanon et al
CONT'D Hearing RE: Motion For Partial Summary Judgment (Motion filed 5/31/19)
FR: 7-17-19 at 10:00 a.m.
Docket 56
- NONE LISTED -
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Defendant(s):
Michael Edward Castanon Represented By Rhonda Walker
BeachPointe Investments, Inc. Represented By Evan C Borges
George Bawuah Represented By Evan C Borges
Jerry Bolnick Represented By
Evan C Borges
Jonathan Blau Represented By Evan C Borges
Joseph Bolnick Represented By Evan C Borges
11:00 AM
Maria Castanon Pro Se
Kenneth Miller Represented By Evan C Borges
Peter Van Petten Represented By Evan C Borges
Raymond Midley Represented By Evan C Borges
Veronica Marfori Represented By Evan C Borges
Plaintiff(s):
Richard A. Marshack Represented By Sharon Oh-Kubisch
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen
Matthew Grimshaw
11:00 AM
Adv#: 8:18-01064 Marshack v. Castanon et al
CONT'D PRE-TRIAL CONFERENCE Hearing RE: First Amended Complaint:
To Recover Unlawful Dividends;
To Avoid And Recover Fraudulent Transfers Under 11 U.S.C. Sections 544(b) And 550 And California Civil Code Section 3439.04(a)(1);
To Avoid And Recover Pre-Petition Transfers Under 11 U.S.C. Sections 544(b) And 550 And California Civil Code Section 3439.04(a)(2);
To Avoid Pre-Petition Transfers Pursuant To 11 U.S.C. Sections 544(b) And California Civil Code Section 3439.05;
To Avoid Pre-Petition Transfers Pursuant To 11 U.S.C. Section 548(a)(1)(B)
To Avoid Pre-Petition Transfer Pursuant To 11 U.S.C. Section 549(a) (First Amended Complaint filed 1/3/19)
(Another Summons issued 2/15/19) (PTC set at S/C held 5/15/19) (Another Summons issued 6/26/19)
FR: 4-3-19; 5-15-19
Docket 1
Tentative for 8/14/19:
None listed.
**************************************************************************** Tentative for 5/15/19:
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: September 30, 2019. Note: this is the date by which all discovery motions must be heard and resolved.
11:00 AM
Motion cutoff: November 15, 2019. Note: this is the date by which all non-discovery motions must be heard and resolved.
Pretrial conference: December 18, 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 monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.
Plaintiff is to lodge a scheduling order within seven (7) days.
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Defendant(s):
Michael Edward Castanon Represented By Rhonda Walker
BeachPointe Investments, Inc. Pro Se
George Bawuah Pro Se
Jerry Bolnick Pro Se
Jonathan Blau Pro Se
Joseph Bolnick Pro Se
Maria Castanon Pro Se
Kenneth Miller Pro Se
Peter Van Petten Pro Se
Raymond Midley Pro Se
11:00 AM
Veronica Marfori Pro Se
Plaintiff(s):
Richard A. Marshack Represented By Sharon Oh-Kubisch
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: Objection To The Claims: (Objection filed 3/4/19)
Claim No. 7 Joanna Lopez $1,076,304.85 FR: 4-18-19
Docket 97
- NONE LISTED -
Debtor(s):
Brooks T Morgan Represented By
Catherine Christiansen
11:00 AM
CONT'D Hearing RE: Objection To The Claims: (Objection filed 3/4/19)
Claim No. 6 Maria Arellano $1,076,304.85 FR: 4-18-19
Docket 95
- NONE LISTED -
Debtor(s):
Brooks T Morgan Represented By
Catherine Christiansen
11:00 AM
Hearing RE: Chapter 7 Trustee's Motion For Order:
Authorizing Sale Of Real Property Free And Clear Of Liens, Claims, And Interests Pursuant To 11 U.S.C. Sections 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 Undisputed Liens, Real Estate Broker's Commissions And Other Ordinary Costs Of Sale
(Motion filed 7/24/19)
Docket 59
Tentative for 8/14/19: The overbid procedures are approved and Trustee is to conduct an auction.
Debtor(s):
Lisa A. Henry Represented By
Kelly H. Zinser
Trustee(s):
Jeffrey I Golden (TR) Represented By Reem J Bello
11:00 AM
Hearing RE: Motion In A Chapter 7 Or 13 Case (1) To Reopen Case And (2)
For Extension Of Time To File Forms Required For Discharge (Motion filed 7/19/19)
(Set Per Order Entered 8/1/19)
Docket 18
Tentative for 8/14/19:
Personal appearance by Debtor's counsel is required in Courtroom 5C.
Debtor(s):
Caty Lyndsey Spiteri Represented By Tony M Diab
Trustee(s):
Jeffrey I Golden (TR) Pro Se
11:30 AM
Hrg. on Debtor's Motion filed 8/13/19 to Use Cash Collateral on an Interim and Final basis
EH
Docket 2
NONE LISTED -
NONE LISTED -
Debtor(s):
O'Linn Security Incorporated Represented By Steven R Fox
W. Sloan Youkstetter
11:30 AM
Hrg. on Debtor's Motion filed 8/13/19 to Authorize Debtor to Pay Prepetition Priority Employee Wages
EH
Docket 3
NONE LISTED -
NONE LISTED -
Debtor(s):
O'Linn Security Incorporated Represented By Steven R Fox
W. Sloan Youkstetter
11:30 AM
Hrg. on Debtor's Motion filed 8/13/19 pursuant to Local Bankruptcy Rule 2081-1(b) For Order Determining Adequate Assurance of Payment For Post- Petition Utility Services
EH
Docket 4
NONE LISTED -
NONE LISTED -
Debtor(s):
O'Linn Security Incorporated Represented By Steven R Fox
W. Sloan Youkstetter
11:30 AM
Hrg. on Debtor's Motion filed 8/13/19 For An Order Limiting Scope Of Notice EH
Docket 5
NONE LISTED -
NONE LISTED -
Debtor(s):
O'Linn Security Incorporated Represented By Steven R Fox
W. Sloan Youkstetter
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; 9-20-18; 1-24-19; 3-7-19
Docket 1
NONE LISTED -
Tentative for 8/15/19:
This matter is continued to January 23, 2020 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
************************************************************************ Tentative for 3/07/19:
This matter is continued to August 15, 2019 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
************************************************************************** Tentative for 1/24/19:
As of the posting of this tentative, no status report has been filed.
11:00 AM
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; 2-22-18; 5-31-18;
8-23-18; 1-31-19; 4-18-19
Docket 1
NONE LISTED -
Tentative for 8/15/19:
The Court has received and reviewed the status report filed on August 1, 2019 [Dk. 241], and will continue the status conference to October 24, 2019 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
*************************************************************************** Tentative for 4/18/19:
The Court is inclined to set the following dates/deadlines:
Deadline to file a plan and disclosure statement - June 30, 2019.
A Continued Chapter 11 Status Conference - August 15, 2019 at 11:00
a.m. A status report is due 14 days in advance.
The Trustee (himself or through his counsel) should be prepared to orally provide the Court with a current and projected financial overview of Debtor, including a summary of all claims.
11:00 AM
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 12/4/18)
(Case Converted on 3/14/19) FR: 5-2-19
Docket 1
NONE LISTED -
Tentative for 8/15/19:
The status conference is continued to October 10, 2019 at 11:00 a.m. to coincide with the hearing on the OSC re: conversion or dismissal. The Court notes that no status report for the August 15, 2019 status conference was filed as of the posting of this tentative, which the Court will consider in connection with the OSC.
Appearances are excused.
************************************************************************** Tentative for 5/02/19 is to set the following dates/deadlines:
Deadline for filing a plan and disclosure statement: May 30, 2019. Note: the failure to timely file a plan and disclosure statement may result in the conversion or dismissal of the case.
11:00 AM
Deadline for filing Objections to Claim: July 15, 2019
Continued status conference: August 15, 2019 at 11:00 a.m. A status report is due 14 days in advance.
Appearances required.
Debtor(s):
Wallace Raymond Steffen Jr Represented By Anerio V Altman
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for relief stay
Santander Consumer USA, Inc. vs DEBTOR, Robert Whitmore, Trustee (Motion filed 7/26/19)
RE: 2014 RAM 1500 VIN 1C6RR6GGXES177452
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):
Lloyd S Adelhelm Pro Se
Joint Debtor(s):
Irene Adelhelm Pro Se
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. DEBTORS, Robert Whitmore, trustee (Motion filed 7/30/19)
Re: 2018 Jeep Renegade, VIN: ZACCJBAB0JPH34767
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):
Julian Lamar Stepney Represented By Nicholas M Wajda
Joint Debtor(s):
Tamika Elaine Stepney Represented By Nicholas M Wajda
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
Ford Motor Credit Company LLC vs. DEBTORS, Lynda T. Bui, trustee (Motion filed 7/30/19)
Re: 2018 FORD F150 VIN 1FTEX1CB1JKD57505
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):
Michael Joseph Caruso Represented By Todd L Turoci
Joint Debtor(s):
Shawna Marie Porter Represented By Todd L Turoci
10:00 AM
Trustee(s):
Lynda T. Bui (TR) Pro Se
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 7/26/19)
RE: 2018 Jeep Cherokee, VIN 1C4PJLCX0JD552419
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):
Brian Lee Kelley Represented By Nicholas M Wajda
Trustee(s):
Charles W Daff (TR) Pro Se
11:00 AM
Hrg. on Debtor's Objection filed 7/25/19 to Claims of Placo San Bernardino, LLC (Proof of Claim No. 203)
EH
Docket 2872
NONE LISTED -
Debtor(s):
City of San Bernardino, California Represented By
Paul R. Glassman Fred Neufeld Laura L Buchanan
11:00 AM
Hrg. on U.S. Trustee's Motion filed 7/29/19 to Extend the Discharge and Dismissal Deadlines
EH
Docket 16
Tentative for 8/27/19 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):
Benjamin Armando Mireles Pro Se
Trustee(s):
Karl T Anderson (TR) Pro Se
1:30 PM
Hrg. on Debtor in Possession Motion 7/17/19 to Reject Lease or Executory Contract Debtor's and Unexpired Leases Pursuant to 11 U.S.C. Section 365(a)
EH
Docket 391
Tentative for 8/27/2019: The Court is inclined to grant the Motion provided that the Debtor satisfactorily addresses the following concerns: (1) that residents were provided sufficient notice that the Motion is a rejection of the identified residential agreements and (2) that the Motion sets forth procedures for residents to object to the amount of Entrance Fee Refund Liability they may be entitled to receive.
Westmont’s limited objection is OVERRULED. The Court does not have sufficient information to determine whether the agreement regarding the Hobart Dishwasher is a contract of sale or a lease, however, the parties may have the pertinent information and should confer with each other regarding the dishwasher.
The opposition of the two residents is OVERRULED. Debtors have established that the residents are not entitled to any Entrance Fee Refund Liability pursuant to the relevant Residency Agreements.
Appearances are required.
Debtor(s):
Air Force Village West Inc Represented By Samuel R Maizel Tania M Moyron
1:30 PM
1:30 PM
Keith C. Owens - movant attorney Motion for Relief from Stay
BPP Shiraz Arch-3 LP vs. DEBTOR (Motion filed 7/30/19)
Re: 1800 S Archibald Ave, Bldg. 3, Ontario, CA 91761 EH
Docket 128
Tentative for 8/27/19: The Court requires clarification regarding (1) whether assets of the Debtor’s Estate are being stored on the leased property in addition to customer products, and (2) whether removal of customer products will result in additional claims against the Estate.
Appearances are required.
Debtor(s):
SIF Services, LLC Represented By Steven R Fox
W. Sloan Youkstetter Janis G Abrams Michael B Lubic
1:30 PM
Hrg. on BPP Shiraz Arch 3 LP Motion filed 7/30/19 For Allowance and to Compel Payment of Administrative Rent Claim
EH
Docket 129
Tentative for 8/27/19 is to CONTINUE to October 1, 2019 at 1:30 p.m. for purposes of allowing the Chapter 7 Trustee to weigh in.
Appearances are required.
Debtor(s):
SIF Services, LLC Represented By Steven R Fox
W. Sloan Youkstetter Janis G Abrams Michael B Lubic
1:30 PM
Hrg. on Debtor's Motion filed 8/6/19 to Convert Case From Chapter 11 to 7, or in the Alternative, Dismiss the Case LLC
EH
Docket 135
Tentative for 8/27/19 is to GRANT. Appearances are required.
Movant to lodge an order within seven (7) days.
Debtor(s):
SIF Services, LLC Represented By Steven R Fox
W. Sloan Youkstetter Janis G Abrams Michael B Lubic
10:00 AM
The Law Offices of Jason C. Tatman, A.P.C. - movant attorney Motion for Relief from Stay
MTGLQ Investors, L.P. vs. DEBTOR (Motion filed 8/9/19)
Re: 15708 Potomac Road, Apple Valley, CA 92307 EH
Docket 13
Tentative for 09/03/19:
Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver, contingent upon the Movant refiling its supporting declaration to include declarant's title and capacity of employment prior to the scheduled hearing.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court 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 Diaz Represented By
James D. Hornbuckle
Trustee(s):
10:00 AM
Karl T Anderson (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Cab West, LLC vs. DEBTORS; Robert Whitmore, Trustee (Motion filed 8/6/19)
RE: 2016 FORD F150 VIN 1FTEW1EG2GKF70886
EH
(Tele. appr. Sheryl Ith, rep. creditor, Cab West)
Docket 10
Tentative for 09/03/19:
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):
Larry Anthony Santillo Represented By Todd L Turoci
Joint Debtor(s):
Mildred May Santillo Represented By
10:00 AM
Trustee(s):
Todd L Turoci
Robert Whitmore (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, Charles W. Daff, chapter 7 trustee
(Motion filed 8/13/19)
Re: 2017 HONDA ACCORD, VIN: 1HGC R2F3 2HA3 02820
EH
Docket 30
Tentative for 09/03/19:
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):
Angie Christina Campos Represented By Richard F Lemus
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
10:00 AM
Andrew S. Cho - movant pro se Motion for Relief from Stay
Andrew S. Cho vs. DEBTOR (Motion filed 8/23/19)
Re: 13427 Pheasant Knoll Road, Eastvale, CA 92880 EH
Docket 10
Tentative for 09/03/19:
Grant pursuant to 11 U.S.C. § 362(d)(1) with 4001(a)(3) waiver. The request for extraordinary relief is denied because Movant has not provided evidence demonstrating that such relief is warranted.
Note: No court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, 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):
Adrianna Alexis Jacsen Pro Se
Trustee(s):
Arturo Cisneros (TR) Pro Se
11:00 AM
Hrg. on Debtors' motion for Order to Show Cause Re: Civil Contempt and for an Order Holding Rebecca Jimenez and Jeffrey G. Jacobs in Civil Contempt
EH
Docket 17
NONE LISTED -
Debtor(s):
Coracel Suratos Templo Represented By Neil R Hedtke
Christopher Hewitt
Trustee(s):
Steven M Speier (TR) Pro Se
11:00 AM
Hrg. on chapter 7 trustee's Motion filed 7/18/19 Allowing Claim 2 filed by Prenovost Normandin Bergh & Dawe, APC as fully secured, not entitled to a dividend
EH
Docket 36
Tentative for 09/03/19 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.The Court has
Debtor(s):
OCS Recovery, Inc. Represented By Daniel King
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 32
Tentative for 09/03/19 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):
Thomas Edward Jarfas Represented By Paul M Stoddard
Trustee(s):
Todd A. Frealy (TR) Pro Se
11:00 AM
Hrg on Trustee's Final Report and Applications for Compensation EH
Docket 24
Tentative for 09/03/19 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):
Jeffrey T. Hornung Represented By Patricia M Ashcraft
Trustee(s):
Todd A. Frealy (TR) Pro Se
11:00 AM
Hrg. on U.S. Trustee's Motion filed 8/12/19 For Order Compelling Attorney To File Disclosure Of Compensation Pursuant To 11 U.S.C. 329 and Federal Rule of Bankruptcy Procedure 2016
EH
Docket 13
NONE LISTED -
Debtor(s):
Justin Orrante Represented By Danny Ceron
Joint Debtor(s):
Yadira Orrante Represented By Danny Ceron
Trustee(s):
Steven M Speier (TR) Pro Se
1:30 PM
Hrg. on Chapter 11 Status Conference (Cont. from 7/16/19)
EH
Docket 0
Tentative for 09/03/19:
In light of the Court's tentative for matter #9 to convert this case, this matter will go off calendar.
Appearances are required.
Debtor(s):
Caroline C Mendoza Represented By Todd L Turoci
1:30 PM
Hrg. on Order to Show Cause why this case should not be converted or dismissed
EH
Docket 0
Tentative for 09/03/19:
The Court is inclined to convert this case to Chapter 7, however, the Court would like to hear from the U.S. Trustee on this matter.
Appearances required.
Debtor(s):
Caroline C Mendoza Represented By Todd L Turoci
1:30 PM
Hrg. on Chapter 11 Status Conference EH
(Cont. from 6/11/19)
(Tele. appr. Fredric Brandfon) rep. creditor, Inovo)
Docket 0
Tentative for 09/03/19:
This matter is CONTINUED to November 5, 2019 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
Banner Mattress, Inc. Represented By Daniel J Weintraub Nina Z Javan
10:00 AM
Hrg. on approval of Reaffirmation Agreement Between Debtor and CarMax Auto Finance, in the amount of $14,229.08
Re: 2015 Toyota Camry
Docket 11
NONE LISTED -
NONE LISTED -
Debtor(s):
Amy D Lammens Pro Se
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
Hrg. on approval of reaffirmation agreement Between Debtor and CarMax Auto Finance, in the amount of 3,639.86
Re: 2009 Kia Rio
Docket 10
NONE LISTED -
NONE LISTED -
Debtor(s):
Sheree Dorene Brown Pro Se
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
Hrg on Approval of Reaffirmation Agreement Between Debtor and Kia Motors Finance in the amount of $8,831.88
Re: 2015 KIA Optima
Docket 39
NONE LISTED -
NONE LISTED -
Debtor(s):
Braulio Alberto Meza Represented By
David Hernandez Jr
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 $5463.34
Re: 2017 Honda Rincon
Docket 14
NONE LISTED -
NONE LISTED -
Debtor(s):
Joe Peralta Represented By
Mark D Edelbrock
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation, in the amount of $10,241.48
Re: 2015 Toyota Yaris
Docket 9
NONE LISTED -
NONE LISTED -
Debtor(s):
Vicki A Garcia Pro Se
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation, in the amount of $36,316.15.
Re: 2017 Toyota Tacoma 4X
Docket 9
NONE LISTED -
NONE LISTED -
Debtor(s):
Elizabeth M Sanchez Pro Se
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 8/15/19 Between Debtor and Toyota Motor Credit Corporation, in the amount of $18,018.15
Re: 2017 Toyota Corolla
Docket 12
NONE LISTED -
NONE LISTED -
Debtor(s):
Maria Reyes Pro Se
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 8/15/19 Between Debtor and Toyota Motor Credit Corporation, in the amount of $27,967.86
Re: 2017 RAV4
Docket 11
NONE LISTED -
NONE LISTED -
Debtor(s):
Maria Reyes Pro Se
Trustee(s):
Charles W Daff (TR) Pro Se
11:00 AM
Hrg. on Debtors' Motion filed 6/10/19 to Avoid Lien California Business Bureau, Inc./ Freedom Mortgage /The HERO Program with California Business Bureau, Inc.
EH
(Cont. from 8/6/19)
Docket 11
NONE LISTED -
Tentative for 09/04/19 is to GRANT. Appearances are excused.
Movant is to lodge an order within seven (7) days.
********************************************************************************* Tentative is to CONTINUE to 9/4/19 at 11:00 a.m. to allow Movant to effect proper service on the junior consensual lienholder, The Hero Program.
LBR 4003-2(C)(2) requires that the motion, notice, and supporting documents be served on any other holder of a lien or encumbrance against the subject property. However, it appears that the junior consensual lienholder, The Hero Program, was not served. Movant is instructed to serve the appropriate papers on The Hero Program in accordance with LBR 4003-2(C)(2), and to serve notice of the continued hearing date in accordance with LBR 9013-1.
If this service defect is corrected and no further opposition is filed, the Court is
11:00 AM
inclined to grant the Motion. The Opposition filed on June 18, 2019 [Dk. 13] does not challenge the valuation of the property or any of the liens; it only challenges the inclusion of the junior consensual lienholder's lien value in the calculation for whether Debtors' exemption is impaired. However, the plain language of the statute contemplates inclusion of all liens that are not to be avoided, even junior consensual liens. See, Moldo v. Charnock (In re Charnock), 318 B.R. 720, 727 (B.A.P. 9th Cir. 2004) (permitting full avoidance of a judicial lien notwithstanding that it was a junior consensual lien that increased the total liens to impair the Debtor’s exemption, following the plain meaning of the statute in the face of competing policy arguments); see also In re Hanger, 217 B.R. 592 (BAP 9th Cir. 1997), aff'd 196 F.3d 1292 (9th Cir.
1999) (requiring avoidance of the most junior involuntary liens first and excluding junior liens which have been already been avoided from the impairment calculation).
Appearances are excused for the 8/6/19 hearing.
Debtor(s):
Nicole Rae Romero Represented By Duane P Booth
Joint Debtor(s):
Jason Travis Romero Represented By Duane P Booth
Movant(s):
Nicole Rae Romero Represented By Duane P Booth Duane P Booth Duane P Booth
11:00 AM
Jason Travis Romero Represented By Duane P Booth
Trustee(s):
Arturo Cisneros (TR) 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 - §§ 523(a)(2), 523(a)(4)
(Cont. from 5/15/19) EH
(Tele. appr. Robert Goe, rep. Defendant Pradeep Singh)
Docket 1
NONE LISTED -
Tentative for 09/04/19:
In light of the affirmed § 727 judgment in favor of U.S. Trustee, Debtor Pradeep Singh has no discharge as to any of his debts. Therefore, this adversary proceeding is moot and should be dismissed.
Appearances are required.
3rd Party Defendant(s):
Pradeep Singh Pro Se
3rd Party Plaintiff(s):
Cheryl Cooper Pro Se
William Cooper Pro Se
1:30 PM
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 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#: 6:14-01300 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 5/15/19) EH
(Tele. appr. Robert Goe, rep. Defendant Pradeep Singh)
Docket 1
- NONE LISTED -
Tentative for 09/04/19:
In light of the affirmed § 727 judgment in favor of U.S. Trustee, Debtor Pradeep Singh has no discharge as to any of his debts. Therefore, this adversary proceeding is moot and should be dismissed.
Appearances are required.
Debtor(s):
Pradeep Singh Represented By
M Wayne Tucker
Defendant(s):
Pradeep Singh Pro Se
1:30 PM
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
Adv#: 6:19-01086 United States Trustee for the Central District of v. Obrien et al
STATUS CONFERENCE re: Complaint by United States Trustee for the Central District of California, Region 16 against John Obrien, Tracy Obrien - 727(c),(d),(e)
EH
Docket 1
- NONE LISTED -
Tentative for 09/04/19:
This matter is CONTINUED to December 4, 2019 at 1:30 p.m. A status report is due 14 days in advance. Counsel is invited to self-calendar related hearings on the date of the continued status conference, if desired.
Appearances are excused.
Debtor(s):
John Obrien Represented By
Christopher J Murtagh
Defendant(s):
John Obrien Pro Se
Tracy Obrien Pro Se
Joint Debtor(s):
Tracy Obrien Represented By
1:30 PM
Christopher J Murtagh
Plaintiff(s):
United States Trustee for the Central Represented By
Everett L Green
Trustee(s):
Todd A. Frealy (TR) Represented By Christopher J Murtagh Michelle A Marchisotto
1:30 PM
Adv#: 6:19-01041 Barnes et al v. Araiza, Jr.
Hrg. on Plaintiffs' Motion filed 7/24/19 For Summary Judgment EH
Docket 13
- NONE LISTED -
Revised Tentative for 09/04/19:
This matter has been VACATED. It is CONTINUED to 09/18/19 at 1:30 p.m. per stipulation of the parties, approved by an order entered 09/03/19.
*************************************************************************** Tentative for 09/04/19 is to DENY the motion for summary judgment.
Creditor has not met its burden to establish all elements of the claim for relief under Section 523(a)(2)(A) and demonstrate the absence of genuine issue of material facts.
It remains disputed as to whether Defendant had knowledge of the statement’s falsity when it was made.
Plaintiff does not clearly address this element in its Motion. Plaintiff only alleges that Defendant "represented to Plaintiffs that he had the appropriate licenses to perform the services provided in the agreement." (UF 6; Memo in Support of MSJ, pg. 2:20-21). However, this does not establish that Defendant knew at the time the agreement was signed, that Defendant had the incorrect license. Defendant asserts that at all times he believed he had the correct license and
1:30 PM
sufficient knowledge to complete the work set forth in the contract. See, Decl. of Defendant in Support of Opp. [Dk. 21; pg. 9:12-13]
It remains disputed as to whether Defendant made misrepresentations of fact with the intent to deceive Plaintiffs.
It appears that Plaintiff requests this Court to infer actual intent through the Defendants act of affixing the contractor license that did not correspond to the company name on the contract. However, Plaintiff does not prove that such action was taken purposefully and not by accident.
Appearances required.
Debtor(s):
Hector M Araiza Jr. Represented By
W. Derek May
Defendant(s):
Hector M Araiza Jr. Represented By
W. Derek May
Plaintiff(s):
Jeffrey Barnes Represented By Christopher D Hughes
Shirley A Barnes Represented By Christopher D Hughes
Trustee(s):
Karl T Anderson (TR) Pro Se
1:30 PM
Adv#: 6:19-01091 Commonwealth Land Title Insurance Company v. Ortiz et al
STATUS CONFERENCE Re: Complaint by Commonwealth Land Title Insurance Company against Jason Ortiz, Brianna Ortiz - §§ 523(a)(2), (a)(6)
EH
(Tele. appr. Karen Ragland, rep. Assignee of Record, Commonwealth Land Title Inc. Co.)
Docket 1
- NONE LISTED -
Tentative for 09/04/19:
The Court has reviewed the Motion for Relief from Default Judgement [Dk. 13] filed on August 12, 2019, by Debtors Jason Ortiz and Brianna Ortiz. In light of the foregoing, the Court finds good cause to set this matter for hearing, and CONTINUE the status conference, to November 20, 2019 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
Jason Ortiz Represented By
Natalie A Alvarado
Defendant(s):
Jason Ortiz Pro Se
Brianna Ortiz Pro Se
1:30 PM
Joint Debtor(s):
Brianna Ortiz Represented By Natalie A Alvarado
Plaintiff(s):
Commonwealth Land Title Insurance Represented By
Karen A Ragland
Trustee(s):
Steven M Speier (TR) 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), § 523(a)(4), §523(a)(6))
(Cont. from 8/14/19) EH
Docket 1
- NONE LISTED -
Tentative for 09/04/19:
This matter is CONTINUED to November 20, 2019 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
Mohammad Far Represented By Stephen H Darrow
Defendant(s):
Mohammad Far Represented By
1:30 PM
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#: 6:19-01078 Main Credit Corporation v. Stevens et al
STATUS CONFERENCE re: Complaint by Main Credit Corporation against Wesley L Stevens, Vanessa Lyn Stevens - §§ 523(a)(2), 523(a)(4), 523(a)(6)
EH
(Cont. 8/14/19)
(Tele. appr. Kathryn Catherwood, rep. Main Credit Corporation) (Tele. appr. Richard Hofman, rep. Defendants Mr. & Mrs. Stevens)
Docket 1
- NONE LISTED -
Tentative for 09/04/19: Appearances required.
Debtor(s):
Wesley L Stevens Represented By Neil R Hedtke
Defendant(s):
Wesley L Stevens Pro Se
Vanessa Lyn Stevens Pro Se
1:30 PM
Joint Debtor(s):
Vanessa Lyn Stevens Represented By Neil R Hedtke
Plaintiff(s):
Main Credit Corporation Represented By
Kathryn M.S. Catherwood
Trustee(s):
Steven M Speier (TR) Pro Se
11:00 AM
Adv#: 8:19-01080 Marshack v. Kassir
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Deny Debtor's Discharge Per 11 U.S.C. Section 727
(Complaint filed 5/6/19)
(Another summons issued 6/17/19) FR: 8-7-19
Docket 1
NONE LISTED -
NONE LISTED -
Debtor(s):
Hassan Abbas Kassir Pro Se
Defendant(s):
Hassan Abbas Kassir Pro Se
Plaintiff(s):
Richard A Marshack Represented By Donald W Sieveke
Trustee(s):
Richard A Marshack (TR) Pro Se
11:00 AM
Adv#: 8:19-01080 Marshack v. Kassir
Hearing RE: Motion To Dismiss Complaint To Deny Debtor's Discharge Per 11
U.S.C. Section 727 For Failure To State A Claim, Or In The Alternative For A More Definite Statement
(Motion filed 7/17/19)
Docket 6
NONE LISTED -
NONE LISTED -
Debtor(s):
Hassan Abbas Kassir Pro Se
Defendant(s):
Hassan Abbas Kassir Pro Se
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#: 8:19-01081 Marshack v. Kassir
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Deny Debtor's Discharge Per 11 U.S.C. Section 727
(Complaint filed 5/6/19)
(Another summons issued 6/17/19) FR: 8-7-19
Docket 1
NONE LISTED -
NONE LISTED -
Debtor(s):
Sukeinah Hassan Kassir Pro Se
Defendant(s):
Sukeinah Hassan Kassir Pro Se
Plaintiff(s):
Richard A Marshack Represented By Donald W Sieveke
Trustee(s):
Richard A Marshack (TR) Pro Se
11:00 AM
Adv#: 8:19-01130 Marshack v. Kassir et al
Hearing RE: Motion To Dismiss Complaint To Deny Debtor's Discharge Per 11
U.S.C. Section 727 For Failure To State A Claim, Or In The Alternative For A More Definite Statement
(Motion filed 7/17/19)
Docket 6
NONE LISTED -
NONE LISTED -
Debtor(s):
Sukeinah Hassan Kassir Pro Se
Defendant(s):
Mohammad Mahdi Kassir Pro Se
Mohammad Abbas Kassir Pro Se
Ali Al-Hadi Kassir Pro Se
Sukeinah Kassir Pro Se
Plaintiff(s):
Richard A Marshack Represented By Donald W Sieveke
Trustee(s):
Richard A Marshack (TR) Represented By
11:00 AM
Donald W Sieveke
11:00 AM
Adv#: 8:19-01109 Ho Jung Kim DDS, Inc. v. Dao et al
STATUS CONFERENCE Hearing RE: Complaint Seeking Damages In Core Adversary Proceedings
(Complaint filed 6/10/19)
[Tele. appr., Christian T. Kim, repr., Plaintiff, Ho Jung Kim]
Docket 1
NONE LISTED -
Tentative for 09/04/19:
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: 02/17/2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: 04/03/2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
Pretrial conference: 05/13/2020 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 monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.
Plaintiff is to lodge a scheduling order within seven (7) days.
11:00 AM
Debtor(s):
Huy Quang Dao Represented By Denise Ho
Defendant(s):
Huy Quang Dao Pro Se
Kellie Ho Ta Pro Se
Joint Debtor(s):
Kellie Ho Ta Represented By
Denise Ho
Plaintiff(s):
Ho Jung Kim DDS, Inc. Represented By Timothy McFarlin
Trustee(s):
Weneta M Kosmala (TR) Pro Se
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 4/15/19)
FR: 6/13/19; 6-27-19; 8-8-19
Docket 1
NONE LISTED -
NONE LISTED -
Debtor(s):
The Brandywine Trust Dated August Represented By
Simon Aron
11:00 AM
CONT'D Hearing RE: Motion For Dismissal, Or In The Alternative, Conversion To Chapter 7
(Motion filed 5/31/19) FR: 6-27-19; 8-8-19
Docket 46
NONE LISTED -
NONE LISTED -
Debtor(s):
The Brandywine Trust Dated August Represented By
Simon Aron
11:00 AM
Hearing RE: Motion For Relief From The Automatic Stay {Action In Non- Bankruptcy Forum] - RE: Demarco Arbtration
Invensure Insurance Brokers, Inc. - RE: Demarco Arbitration
(Motion filed 8/23/19) (OST Entered 8/26/19)
Docket 0
NONE LISTED -
Tentative for 09/04/2019:
The Court is not satisfied that sufficient notice has been provided to the U.S. Trustee as required by its Order [Dk. 70]. The Court also does not understand why the amount of the Demarco claim cannot be estimated for purposes of the filing a plan of reorganization. Further, Demarco has indicated his desire to have this Court adjudicate his claim, so the Court is inclined to continue this hearing to 9/18/19 at 11:00 a.m.
Appearances are required in person.
Debtor(s):
Invensure Insurance Brokers, Inc. Represented By
Carol Chow
11:00 AM
Adv#: 8:19-01107 Steffen v. Steffen, Jr.
STATUS CONFERENCE Hearing RE: Complaint To Determine Nondischargeability Of Debt
[11 U.S.C. Section 523(a)(4)]
(Complaint filed 6/4/19)
Docket 1
NONE LISTED -
Debtor(s):
Wallace Raymond Steffen Jr Represented By Anerio V Altman
Defendant(s):
Wallace Raymond Steffen Jr. Pro Se
Plaintiff(s):
Linda Steffen Represented By Christopher J Langley
11:00 AM
Hrg. on Debtor's Motion filed 8/13/19 to Use Cash Collateral on an Interim and Final basis
EH
(Cont. from 8/15/19)
Docket 2
Tentative for 09/12/19:
In light of the stipulation with the secured creditor, the Court will GRANT the motion. However, for future motions regarding use of cash collateral, compliance with LBR 4001-2 regarding mandatory form F
4001-2.STMT.FINANCE will be required.
Debtor(s):
O'Linn Security Incorporated Represented By Steven R Fox
W. Sloan Youkstetter
11:00 AM
Hrg. on Debtor's Motion filed 8/13/19 For An Order Limiting Scope Of Notice EH
(Cont. from 8/15/19)
Docket 5
Tentative for 09/12/2019:
Counsel is to appear and orally advise the Court as to the status of the putative class action and known claimants.
Appearances required.
Debtor(s):
O'Linn Security Incorporated Represented By Steven R Fox
W. Sloan Youkstetter
10:00 AM
Hearing RE: Motion In Individual Case For Order Confirming Termination Of Stay Under 11 U.S.C. Section 362(c)(3) Or That No Stay Is In Effect Under 11
U.S.C. Section 362(c)(4)(A)(ii) (Motion filed 8/12/19)
[RE: 71 Circle Court, Mission Viejo, CA 92692]
Docket 36
Tentative for 09/12/19:
The Court is inclined to DENY this motion as Movant has not established that relief is warranted under the law asserted and the Court is not inclined to issue an advisory opinion.
Appearances are required.
Debtor(s):
Kimberly Autumn Lawson Represented By Andrew S Bisom
Trustee(s):
Weneta M Kosmala (TR) Pro Se
10:00 AM
Motion for relief from stay [Real Property]
JPMorgan Chase Bank, National Association vs. DEBTORS (Motion filed 7/31/19)
[RE: 2455 Cambridge Avenue, Fullerton, CA 92835]
Docket 26
Tentative for 09/12/19:
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):
Anthony Nicholas Package Represented By Deborah Young
Joint Debtor(s):
Susan Louise Petrella Represented By Deborah Young
Trustee(s):
Thomas H Casey (TR) Pro Se
10:00 AM
Motion for relief from stay [Real Property]
Wells Fargo Bank, N.A. vs. DEBTORS (Motion filed 8/12/19)
[RE: 6062 Arden Court, Morrow, GA 30260]
Docket 13
Tentative for 09/12/19:
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):
Mickey Bright Represented By Gary Polston
Joint Debtor(s):
Shella Chapman Represented By Gary Polston
Trustee(s):
Jeffrey I Golden (TR) Pro Se
10:00 AM
Motion for relief from stay [Personal Property]
Toyota Lease Trust vs. DEBTOR (Motion filed 7/25/19)
[RE: 2016 Toyota Sienna - 5TDYK3DC8GS744102]
Docket 11
Tentative for 09/12/19:
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):
Trang Le Pro Se
Trustee(s):
Karen S Naylor (TR) Pro Se
10:00 AM
Motion for relief from stay [Personal Property]
Toyota Motor Credit Corporation vs. DEBTORS (Motion filed 7/29/19)
[RE: 2018 Toyota Sienna -VIN No.: 5TDKZ3DC9JS942020]
Docket 8
Tentative for 09/12/19:
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):
Jino Remoquillo Represented By Scott Dicus
Joint Debtor(s):
Elizabeth Remoquillo Represented By Scott Dicus
Trustee(s):
Jeffrey I Golden (TR) Pro Se
11:00 AM
Hearing RE: Motion For Approval Of Distribution Of Seasmoke Project Proceeds
(Motion filed 8/13/19)
Docket 785
Tentative for 09/12/19:
Personal appearances in courtroom 5C will be required. No telephonic appearances will be permitted.
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
Hearing RE: Sixth And Final Application For Allowance And Payment Of Fees And Reimbursement Of Expenses For Debtor CA Express, LLC, Only For The Period From April 7, 2019 Through May 29, 2019
(Application filed 7/15/19)
[RE: SMILEY WANG-EKVALL, LLP - Attorneys For CA Express Fund, LLC] [Fees: $856.50; Expenses: $0.60]
Docket 958
Tentative for 09/12/19 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 Corey R Weber Michael W Davis
11:00 AM
Kathy Bazoian Phelps Timothy W Evanston
11:00 AM
Hearing RE: Sixth And Final Application For Order Seeking Allowance And Payment Of Previously Allowed Interim Fees On A Final Basis For CA Express Fund, LLC ONLY, For The Period From June 7, 2017 Through May 29, 2019 (Application filed 7/15/19)
[RE: MENCHACA & COMPANY LLP - Accountant For Debtors And Debtors-In-Possession]
[Fees: $7,272.00; Expenses: $0.00]
Docket 960
Tentative for 09/12/19 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 Corey R Weber
11:00 AM
Michael W Davis Kathy Bazoian Phelps Timothy W Evanston
11:00 AM
Final Application For Order Seeking Allowance Of Previously Allowed And Paid Interim Fees On A Final Basis For WJA Real Estate Opportunity Fund II, LLC ONLY, For The Period From June 7, 2017 Through June 10, 2019
(Application filed 7/23/19)
[RE: MENCHACA & COMPANY LLP - Accountant For Debtors And Debtors-In-Possession]
[Fees: $29,563.92; Expenses: $0.00]
Docket 972
Tentative for 09/12/19 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 Corey R Weber
11:00 AM
Michael W Davis Kathy Bazoian Phelps Timothy W Evanston
11:00 AM
Hearing RE: Sixth And Final Application For Allowance And Payment Of Fees And Reimbursement Of Expenses For Debtor WJA Real Estate Opportunity Fund II, LLC, Only For The Period From April 7, 2019 Through June 10, 2019 (Application filed 7/25/19)
[RE: SMILEY WANG-EKVALL, LLP - Attorneys For Debtor and Debtor-In- Possession WJA Real Estate Opportunity Fund II, LLC]]
[Fees: $20,332.50; Expenses: $104.12]
Docket 975
Tentative for 09/12/19 is to APPROVE the amounts requested in Section IX of the 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 Michael Simon Philip E Strok
Kyra E Andrassy Roger F Friedman Susan K Seflin Steven T Gubner
11:00 AM
Corey R Weber Michael W Davis Kathy Bazoian Phelps Timothy W Evanston
11:00 AM
Adv#: 8:19-01107 Steffen v. Steffen, Jr.
STATUS CONFERENCE Hearing RE: Complaint To Determine Nondischargeability Of Debt
[11 U.S.C. Section 523(a)(4)]
(Complaint filed 6/4/19) FR: 9/5/19
Docket 1
Tentative for 09/12/19:
Having received and reviewed the latest Joint Status Report [Dk. 7], the Court notes that the report does not clearly provide the status of the State Probate Action. Therefore, appearances are required and the Parties should be prepared to provide a concise, oral status of the State Probate Action at the September 12, 2019 hearing. If continued, the Court is inclined to set the continued status conference for December 19, 2019 at 11:00 a.m.
Debtor(s):
Wallace Raymond Steffen Jr Represented By Anerio V Altman
Defendant(s):
Wallace Raymond Steffen Jr. Pro Se
Plaintiff(s):
Linda Steffen Represented By Christopher J Langley
11:00 AM
STATUS CONFERENCE Hearing RE: (1) Case Management Conference And
Requiring Status Report (Petition filed 7/15/19)
Docket 1
Tentative for 09/12/19 is to set the dates/deadlines, as follows:
The deadline to file a plan and disclosure statement - November 7, 2019. Debtor is to set the hearing date for approval of the disclosure statement as December 19, 2019. Debtor's proposed deadline is shortened by one day to allow for compliance with LBR 3017-1(a) (notice of a disclosure statement hearing requires 42 days). The failure to timely file a plan and/or disclosure statement may result in the dismissal or conversion of the case.
Continued status conference - December 19, 2019 at 11:00 a.m. A status report is due 14 days in advance.
Appearances required.
Debtor is to submit a scheduling order within seven (7) days.
Debtor(s):
Maria Julia Higueros Represented By Giovanni Orantes
11:00 AM
Hearing RE: Motion To Approve Compromise With Travis Jesperson (Motion filed 7/31/19)
Docket 72
- NONE LISTED -
Debtor(s):
Lightning Technology, Inc. Represented By Bert Briones
10:00 AM
Barrett Daffin Frappier Treder & Weiss, LLP - movant attorney Motion for Relief from Stay
The Bank of New York Mellon vs. DEBTOR (Motion filed 12/10/18)
(Cont. from 6/25/19)
Re: 45251 Saint Tisbury Street, Temecula, CA 92592 EH
Docket 29
- NONE LISTED -
Debtor(s):
Cecil Jerry Edens Jr Represented By Joseph A West
Movant(s):
The Bank of New York Mellon, Represented By Darlene C Vigil
Trustee(s):
John P Pringle (TR) Represented By Toan B Chung
10:00 AM
Bonial & Associates, P.C. - movant attorney Motion for Relief from Stay
Fifth Third Bank vs. DEBTOR (Motion filed 8/14/19)
Re: 2017 Can Am EH
(Tele. appr. Stephen Hicklin, rep. movant, Fifth Third Bank)
Docket 89
Tentative for 09/17/19 is to DENY this matter as moot.
On August 8, 2019, the Court granted the Trustee's Proposed Abandonment of Property of the Estate [Dk. 88], which included the 2017 Can-Am X3 All-Terrain Vehicle, that is the same property subject to this Motion for Relief from Stay. Since the property has been abandoned, the automatic stay no longer applies.
If the Movant does not oppose this tentative ruling, appearances are excused. Movant is to lodge an order within seven (7) days.
10:00 AM
Debtor(s):
Raymond Richard Quinto, Jr. Represented By John D Faucher
Trustee(s):
Steven M Speier (TR) Represented By Robert P Goe
Elizabeth A LaRocque
10:00 AM
Law Offices of Bruce P. Needleman - movant attorney Motion for Relief from Stay
Kinecta Federal Credit Union vs. DEBTOR (Motion filed 6/26/19)
Re: 2016 KIA OPTIMA-VIN: 5XXGU4L33GG0222731
EH
(Cont. from 8/6/19)
Docket 8
Tentative for 09/17/19:
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.
****************************************************************************** Tentative for 8/6/19 is to DENY for improper service. Alaska USA FCU, the entity scheduled by Debtor as lienholder, was not served as required by LBR 4001-1(c) (1)(C)(iv).
Appearances required.
10:00 AM
Debtor(s):
Eyvette L Williams Represented By Neil R Hedtke
Movant(s):
Kinecta Federal Credit Union Represented By
Bruce P. Needleman
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
ZBS Law, LLP - movant attorney Motion for Relief from Stay
Broker Solutions, Inc. vs. DEBTORS (Motion filed 8/15/19)
Re: 42511 MAY PEN RD, BERMUDA DUNES, CA 92203
EH
Docket 15
Tentative for 09/17/19:
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):
Michael James Lopez Represented By Curtis A Cavalletto
Joint Debtor(s):
Natellie Nicole Marie Lopez Represented By Curtis A Cavalletto
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 8/15/19)
Re: 2016 Nissan Sentra, VIN: 3N1AB7AP1GL672183
EH
Docket 13
Tentative for 09/17/19:
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):
Benjamin Sanchez Represented By
James Geoffrey Beirne
Joint Debtor(s):
Consuelo Sanchez Represented By
James Geoffrey Beirne
10:00 AM
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
Sheppard, Mullin, Richter & Hampton, LLP - movant attorney Motion for Relief from Stay
San Diego County Credit Union vs. DEBTORS (Motion filed 8/22/19)
RE: 2012 Jeep Patriot with Exhibits A-C EH
(Tele. appr. Lisa Yun, rep. movant, San Diego County Credit Union)
Docket 8
Tentative for 09/17/19:
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):
Nicolas David Snyder Represented By Kristin R Lamar
10:00 AM
Joint Debtor(s):
Amanda Michelle Krafft Represented By Kristin R Lamar
Trustee(s):
Arturo Cisneros (TR) Pro Se
11:00 AM
Hrg. on approval of trustee's final report and applications for compensation EH
Docket 0
Tentative for 09/17/19 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):
Kim Han Do Represented By
Michael G Spector
Trustee(s):
Arturo Cisneros (TR) Represented By Thomas H Casey Kathleen J McCarthy
11:00 AM
Hrg. on trustee's final report; applications for compensation EH
Docket 0
Tentative for 09/17/19 is to approve as requested and modified by stipulation between the United States Trustee and Chapter 7 Trustee filed on 08/15/19 [Dk. 78].
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):
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 22
Tentative for 09/17/19 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):
Pablo Caudel Represented By
Daniel King
Trustee(s):
Arturo Cisneros (TR) Pro Se
11:00 AM
Hrg. on Debtors' motion for Order to Show Cause Re: Civil Contempt and for an Order Holding Rebecca Jimenez and Jeffrey G. Jacobs in Civil Contempt
EH
(Cont. from 9/3/19)
Docket 17
Tentative for 09/17/2019:
Appearances are required in person.
Debtor(s):
Coracel Suratos Templo Represented By Neil R Hedtke
Christopher Hewitt
Trustee(s):
Steven M Speier (TR) Pro Se
11:00 AM
Hrg. on chapter 7 trustee's Motion filed 9/9/19 (1) Approving Short Sale of Real Property of the Estate Free and Clear of Liens Pursuant to Bankruptcy Code §§ 363(b) and 363(f); (2) Approving Payment of Real Estate Commissions, and Granting Relate Relief
(OST signed 9/10/19) EH
Docket 60
Tentative for 09/17/19:
On September 10, 2019, the Court approved the Order Shortening Time on Hearing [Dk. 63] and subsequently set this hearing date. Opposition to the motion may be made orally at the hearing. The Court is inclined to GRANT the motion as it is in the best interest of the estate.
Appearances required.
Debtor(s):
Cecil Jerry Edens Jr Represented By Joseph A West
11:00 AM
Trustee(s):
John P Pringle (TR) Represented By Toan B Chung
1:30 PM
Hrg. on Dentons US LLP First Interim Fee Application For Allowance And Payment Of Interim Compensation And Reimbursement Of Expenses for Samuel R Maizel, Debtor's Attorney, Period: 3/10/2019 to 7/31/2019, Fee: $1,101,903.55, Expenses:
$24,905.19
EH
Docket 429
Tentative for 09/17/19 is to approve as requested and modified by the stipulation between the United States Trustee and Applicant, filed on 09/15/19 [Dk. 452], and as set forth in the Supplemental Declaration filed 09/16/19 [Dk. 453].
Note: This matter appears to be uncontested. Accordingly, no court appearance is 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):
Air Force Village West Inc Represented By Samuel R Maizel Tania M Moyron
1:30 PM
Hrg. on Receiver Professionals First Interim Application for Allowance for Peter F Jazayeri, Other Professional, Period: 3/10/2019 to 7/31/2019, Fee: $20,392.50, Expenses: $941.25, for Cordes and Company, LLC, Other Professional, Period: 3/10/2019 to 7/31/2019, Fees: $195,975.00, Expenses: $347.66
EH
Docket 431
Tentative for 09/17/19 is to approve as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance is 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):
Air Force Village West Inc Represented By Samuel R Maizel Tania M Moyron
1:30 PM
Hrg. on Counsel for the Official Committee of Unsecured Creditors First Interim Fee Application of Perkins Coie LLP for allowance and payment of interim compensation and reimbursement of expenses for the period from April 5, 2019 through July 31, 2019, Fees $367,702.98, Expenses: $2,525.49
EH
Docket 434
Tentative for 09/17/19 is to approve as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance is 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):
Air Force Village West Inc Represented By Samuel R Maizel Tania M Moyron
1:30 PM
Hrg. on Application for Compensation Second And Final Application Of Winthrop Couchot Golubow Hollander, LLP, General Insolvency Counsel For The Debtor, For Compensation And Reimbursement Of Expenses; Period: 11/19/2018 to 6/16/2019, Fee: $448,266.00, Expenses: $14,587.13
EH
(Tele. appr. Chris Carlsson, rep. Debtor, Lovejoy's Family Moving, Inc.)
Docket 329
Tentative for 09/17/19 is to approve as requested and modified by stipulation between United States Trustee and Applicant, filed on 09/04/19 [Dk. 340].
Note: This matter appears to be uncontested. Accordingly, no court appearance is 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):
Lovejoy's Family Moving., Inc., dba Represented By
Bradford G Hughes Peter W Lianides Alastair M Gesmundo Robert E Opera
Winthrop Couchot Golubow Hollander LLP) Lisa Fogel & Associates
1:30 PM
Hrg. on Application for Compensation (Renewed First & Final) of Illyssa I. Fogel & Associates, Former General Bankruptcy Counsel to the Debtor. for Illyssa I Fogel, Debtor's Attorney, Period: 8/6/2018 to 11/19/2018, Fee: $105,510.00, Expenses:
$356.00
EH
Docket 333
- NONE LISTED -
Debtor(s):
Lovejoy's Family Moving., Inc., dba Represented By
Bradford G Hughes Peter W Lianides Alastair M Gesmundo Robert E Opera
Winthrop Couchot Golubow Hollander LLP) Lisa Fogel & Associates
1:30 PM
Adv#: 6:19-01045 Daff, Chapter 7 Trustee v. Jimenez
STATUS CONFERENCE re: Complaint by Charles W. Daff, Chapter 7 Trustee against Rocio Jimenez - 542 turnover of property
(Cont. from 6/26/19)
EH
Docket 1
- NONE LISTED -
Debtor(s):
Luis Manuel Jimenez Represented By Brian J Soo-Hoo
Defendant(s):
Rocio Jimenez Pro Se
Plaintiff(s):
Charles W. Daff, Chapter 7 Trustee Represented By
Brandon J Iskander
Trustee(s):
Charles W Daff (TR) Represented By Brandon J Iskander Lynda T Bui
1:30 PM
Adv#: 6:19-01094 Ruiz Sanchez v. Vazquez
STATUS CONFERENCE re: Complaint by Jose Augusto Ruiz Sanchez against Karina Vazquez . false pretenses, false representation, actual fraud)) ,(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)) ,(61 (Dischargeability - 523(a)(5), domestic support))
EH
Docket 1
- NONE LISTED -
Debtor(s):
Karina Vazquez Represented By Keith Q Nguyen
Defendant(s):
Karina Vazquez Represented By Keith Q Nguyen
Plaintiff(s):
Jose Augusto Ruiz Sanchez Represented By Lee W Gale
Trustee(s):
Charles W Daff (TR) Pro Se
1:30 PM
Adv#: 6:19-01041 Barnes et al v. Araiza, Jr.
Hrg. on Plaintiffs' Motion filed 7/24/19 For Summary Judgment EH
(Cont. from 9/4/19)
Docket 13
Tentative for 09/18/19 is to DENY the motion for summary judgment.
Creditors have not met their burden to (1) establish all elements of the claim for relief under Section 523(a)(2)(A) and (2) demonstrate the absence of genuine issues of material facts.
It remains disputed as to whether Defendant had knowledge of the statement’s falsity when it was made.
Plaintiffs do not clearly address this element in their Motion. Plaintiffs only alleges that Defendant "represented to Plaintiffs that he had the appropriate licenses to perform the services provided in the agreement." (UF 6; Memo in Support of MSJ, pg. 2:20-21). However, this does not establish that Defendant knew at the time the agreement was signed, that Defendant had the incorrect license. Defendant asserts that at all times he believed he had the correct license and sufficient knowledge to complete the work set forth in the contract.
See, Decl. of Defendant in Support of Opp. [Dk. 21; pg. 9:12-13]
It remains disputed as to whether Defendant made misrepresentations of fact with the intent to deceive Plaintiffs.
It appears that Plaintiffs request that this Court infer actual intent through the Defendant's act of affixing the contractor license that did
1:30 PM
not correspond to the company name on the contract. However, Plaintiffs do not prove that such action was taken purposefully and not by accident.
Appearances required.
Debtor(s):
Hector M Araiza Jr. Represented By
W. Derek May
Defendant(s):
Hector M Araiza Jr. Represented By
W. Derek May
Plaintiff(s):
Jeffrey Barnes Represented By Christopher D Hughes
Shirley A Barnes Represented By Christopher D Hughes
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
Adv#: 8:19-01002 Morgan v. Lopez et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Preliminary And Permanent Injunction Barring Creditors From Taking Action Against State Court Codefendants Pursuant To 11 U.S.C. Section 105; And
To Avoid Transfer Of An Interest In Real Property;
Verification Of Brooks T Morgan (Complaint filed 1/3/19)
FR: 3-21-19; 5-2-19
Docket 1
- NONE LISTED -
Debtor(s):
Brooks T Morgan Represented By
Catherine Christiansen
Defendant(s):
Joanna N Lopez Pro Se
Maria Arellano Pro Se
Plaintiff(s):
Brooks T Morgan Represented By
Catherine Christiansen
10:00 AM
Adv#: 8:19-01130 Marshack v. Kassir et al
Hearing RE: Motion To Dismiss Complaint To Avoid Fraudulent Transfers For Failure To State A Claim, Or In The Alternative For A More Definite Statement (Motion filed 8/12/19)
Docket 10
- NONE LISTED -
Debtor(s):
Sukeinah Hassan Kassir Pro Se
Defendant(s):
Mohammad Mahdi Kassir Pro Se
Mohammad Abbas Kassir Pro Se
Ali Al-Hadi Kassir Pro Se
Sukeinah Kassir Pro Se
Plaintiff(s):
Richard A Marshack Represented By Donald W Sieveke
Trustee(s):
Richard A Marshack (TR) Represented By Donald W Sieveke
10:00 AM
Adv#: 8:19-01130 Marshack v. Kassir et al
Hearing RE: Motion To Quash Bank Of America Subpoenas To Produce Documents For Mohammad Mahdi Kassir, Nour Almouazzen, Mohammad Abbas Kassir, Ali Kassir, Zeinab Kachakeche, Osmiasoft Corp. And Fin.Solutions Inc.
(Motion filed 7/23/19)
Docket 8
- NONE LISTED -
Debtor(s):
Sukeinah Hassan Kassir Pro Se
Defendant(s):
Mohammad Mahdi Kassir Pro Se
Mohammad Abbas Kassir Pro Se
Ali Al-Hadi Kassir Pro Se
Sukeinah Kassir Pro Se
Plaintiff(s):
Richard A Marshack Represented By Donald W Sieveke
Trustee(s):
Richard A Marshack (TR) Represented By Donald W Sieveke
10:00 AM
Adv#: 8:19-01130 Marshack v. Kassir et al
STATUS CONFERENCE Hearing RE: Complaint To Avoid Fraudulent Transfers
(Complaint filed 7/2/19)
Docket 1
- NONE LISTED -
Debtor(s):
Sukeinah Hassan Kassir Pro Se
Defendant(s):
Mohammad Mahdi Kassir Pro Se
Mohammad Abbas Kassir Pro Se
Ali Al-Hadi Kassir Pro Se
Sukeinah Kassir Pro Se
Plaintiff(s):
Richard A Marshack Represented By Donald W Sieveke
Trustee(s):
Richard A Marshack (TR) Represented By Donald W Sieveke
10:00 AM
Adv#: 8:18-01176 Marshack, Ch 7 Trustee v. Castanon
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For:
Breach Of Fiduciary Duty
Conversion
Negligence
Waste of Corporate Assets (Complaint filed 9/14/18)
(PTC set at S/C held 12/19/18)
FR: 12-5-18 AT 10:00 a.m.; 12-5-18; 12-19-18; 7-17-19
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
10:00 AM
D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen
10:00 AM
Adv#: 8:19-01049 Marshack v. Richmond Capital Group
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Avoidance Of Preferential Transfers Pursuant To 11 U.S.C. Section 547;
Recovery Of Property Pursuant To 11 U.S.C. Section 550;
Preservation Of Avoided Transfers Pursuant To 11 U.S.C. Section 551;
Disallowance Of Claims Pursuant To 11 U.S.C. Section 502(d);
Turnover Of Property Of The Estates Pursuant To 11 U.S.C. Section 542;
Predatory Lending Pursuant To California Business And Professions Code Section 17200;
Equitable Subordination Of Claims Pursuant To 11 U.S.C. Section 510(c);
And
Declaratory Relief (Complaint filed 3/20/19)
FR: 6-26-19; 8-7-19
Docket 1
Tentative for 09/18/2019:
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: February 17, 2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: March 30, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
Pretrial conference: May 13, 2020 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 monetary and non-monetary sanctions, including the striking of the answer and
10:00 AM
dismissal of the complaint.
Plaintiff is to lodge a scheduling order within seven (7) days.
Appearances required.
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Defendant(s):
Richmond Capital Group Pro Se
Plaintiff(s):
Richard A. Marshack Represented By Jeffrey I Golden
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen
Matthew Grimshaw
10:00 AM
Adv#: 8:19-01051 Marshack v. Yes Funding Services LLC
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Avoidance Of Preferential Transfers Pursuant To 11 U.S.C. Section 547;
Recovery Of Property Pursuant To 11 U.S.C. Section 550;
Preservation Of Avoided Transfers Pursuant To 11 U.S.C. Section 551;
Disallowance Of Claims Pursuant To 11 U.S.C. Section 502(d);
Turnover Of Property Of The Estates Pursuant To 11 U.S.C. Section 542;
Predatory Lending Pursuant To California Business And Professions Code Section 17200;
Equitable Subordination Of Claims Pursuant To 11 U.S.C. Section 510(c);
And
Declaratory Relief (Complaint filed 3/20/19)
FR: 6-26-19; 8-7-19
Docket 1
Tentative for 09/18/19:
The Court will CONTINUE this matter to November 6, 2019 at 10:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Defendant(s):
Yes Funding Services LLC Pro Se
10:00 AM
Plaintiff(s):
Richard A. Marshack Represented By Jeffrey I Golden
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen
Matthew Grimshaw
10:00 AM
Adv#: 8:19-01048 Marshack v. Queen Funding LLC
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Avoidance Of Preferential Transfers Pursuant To 11 U.S.C. Section 547;
Recovery Of Property Pursuant To 11 U.S.C. Section 550;
Preservation Of Avoided Transfers Pursuant To 11 U.S.C. Section 551;
Disallowance Of Claims Pursuant To 11 U.S.C. Section 502(d);
Turnover Of Property Of The Estates Pursuant To 11 U.S.C. Section 542;
Predatory Lending Pursuant To California Business And Professions Code Section 17200;
Equitable Subordination Of Claims Pursuant To 11 U.S.C. Section 510(c);
And
Declaratory Relief (Complaint filed 3/20/19)
(Another Summons issued 6/27/19) FR: 6/26/19
Docket 1
- NONE LISTED -
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Defendant(s):
Queen Funding LLC Pro Se
10:00 AM
Plaintiff(s):
Richard A. Marshack Represented By Jeffrey I Golden
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen
Matthew Grimshaw
10:00 AM
Adv#: 8:19-01050 Marshack v. Yellowstone Capital West, LLC
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Avoidance Of Preferential Transfers Pursuant To 11 U.S.C. Section 547;
Avoidance Of Post-Petition Transfers Pursuant To 11 U.S.C. Section 549(a);
Recovery Of Property Pursuant To 11 U.S.C. Section 550;
Preservation Of Avoided Transfers Pursuant To 11 U.S.C. Section 551;
Disallowance Of Claims Pursuant To 11 U.S.C. Section 502(d);
Turnover Of Property Of The Estates Pursuant To 11 U.S.C. Section 542;
Predatory Lending Pursuant To California Business And Professions Code Section 17200;
Equitable Subordination Of Claims Pursuant To 11 U.S.C. Section 510(c);
And
Declaratory Relief (Complaint filed 3/20/19)
FR: 6-26-19; 8-7-19
Docket 1
- NONE LISTED -
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Defendant(s):
Yellowstone Capital West, LLC Pro Se
10:00 AM
Plaintiff(s):
Richard A. Marshack Represented By Jeffrey I Golden
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen
Matthew Grimshaw
10:00 AM
Adv#: 8:19-01007 WJA Asset Management LLC et al v. Jordan et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Deny Community Property Discharge Under 11 U.S.C. Section 524(a)(3)
(Complaint filed 1/7/19)
(Another Summons issued 3-28-19) FR: 4-3-19; 6-26-19
Docket 1
- NONE LISTED -
Debtor(s):
Tiphanie Jennifere Jordan Represented By Leonard M Shulman
Defendant(s):
William M Jordan Pro Se
Tiphanie Jennifere Jordan Pro Se
Plaintiff(s):
Secure California Income Fund LLC Represented By
Kyra E Andrassy
California Indexed Growth Fund Represented By
Kyra E Andrassy
CA Real Estate Opportunity Fund II Represented By
Kyra E Andrassy
10:00 AM
CA Real Estate Opportunity Fund I Represented By
Kyra E Andrassy
William Jordan Investments Inc Represented By Kyra E Andrassy
WJA Secure Income Fund LLC Represented By Kyra E Andrassy
WJA Secure Real Estate Fund LLC Represented By
Kyra E Andrassy
WJA Real Estate Opportunity Fund Represented By
Kyra E Andrassy
WJA Real Estate Opportunity Fund I Represented By
Kyra E Andrassy
WJA Express Fund LLC Represented By Kyra E Andrassy
Whirl Fund LLC Represented By Kyra E Andrassy
Urban Produce Fund LLC Represented By Kyra E Andrassy
TD Opportunity Fund LLC Represented By Kyra E Andrassy
CA Real Estate Opportunity Fund III Represented By
Kyra E Andrassy
Prosper Managed Fund LLC Represented By Kyra E Andrassy
PMB Managed Fund LLC Represented By Kyra E Andrassy
Luxury Asset Purchasing Represented By Kyra E Andrassy
Equity Indexed Managed Fund LLC Represented By
10:00 AM
Kyra E Andrassy
Clairton Residential Renewal LLC Represented By
Kyra E Andrassy
CA Whirl Fund LLC Represented By Kyra E Andrassy
CA See Jane Go Fund LLC Represented By Kyra E Andrassy
CA Express Fund LLC Represented By Kyra E Andrassy
Alabama Housing Fund LLC Represented By Kyra E Andrassy
5827 Winland Hills Drive Represented By Kyra E Andrassy
WJA Asset Management LLC Represented By Kyra E Andrassy
TD REO Fund LLC Represented By Kyra E Andrassy
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
Adv#: 8:19-01151 Murrin v. Phan
Hearing RE: Debtor/Defendant Tram A. Phan's Motion To Dismiss Adversary Complaint
(Motion filed 8/22/19)
Docket 3
Tentative for 09/18/19 is to GRANT the Motion to Dismiss with leave to amend.
To survive a motion to dismiss, a complaint must allege "enough facts to state a claim to relief that is plausible on its face." Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007). In deciding whether Plaintiff has stated a claim upon which relief can be granted, the Court must draw all reasonable inferences in favor of the nonmoving party. Cholla Ready Mix, Inc. v. Civish, 382 F.3d 969, 973 (9th Cir. 2004) (citing Karam v. City of Burbank, 352 F.3d
1188, 1192 (9th Cir. 2003)).
Debtor has satisfied his burden to prove that the facts alleged in Plaintiff’s complaint are implausible or lack particularity, or, in the alternative, that Plaintiff has not provided enough fact to allow Debtor to reasonably prepare a response. Plaintiff failed to plead with particularity the circumstances constituting fraud or mistake.
The Court notes that the Complaint is Plaintiff’s first attempt to articulate a claim upon which relief may be granted and therefor will give leave to amend. Plaintiff may file an amended complaint within 14 days of the entry of order granting this Motion. The Court cautions Plaintiff to carefully consider the legal standards for the claims pled and allege facts accordingly in drafting any amended complaint.
Appearances are required.
10:00 AM
Debtor(s):
Tram Anh Phan Represented By Amid Bahadori
Defendant(s):
Tram A Phan Represented By
Amid Bahadori
Plaintiff(s):
Garth Murrin Pro Se
Trustee(s):
Karen S Naylor (TR) Pro Se
11:00 AM
Adv#: 8:18-01212 Saab et al v. Conkey
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt
(Complaint filed 12/3/18)
Advanced from 11/6/19 - Order Entered 8-15-19)
FR: 2-27-19; 5-1-19; 5-15-19; advanced from 11-6-19
Docket 1
Tentative for 09/18/19:
This matter is CONTINUED to 12/18/19 at 11:00 a.m. A status report is due 14 days in advance.
****************************************************** Tentative for 5/14/19:
The Court has determined that this matter is appropriate for disposition without a hearing and will not hear oral argument. An order will be issued shortly.
No appearances will be permitted.
***************************************************************************** Tentative for 5/01/19:
This matter is CONTINUED to 5/15/19 at 10:00 a.m. to coincide with the hearing on the motion to dismiss. A status report is not required for the continued hearing.
11:00 AM
Appearances are excused.
***************************************************************************
Tentative for 2/27/19 is to CONTINUE to 5/1/19 at 11:00 a.m. A status report is due 14 days in advance.
Debtor(s):
James L Conkey Represented By Laleh Ensafi
Defendant(s):
James L Conkey Pro Se
Plaintiff(s):
Camil Saab Represented By
Douglas Jaffe
Helou Saab, Inc. Represented By Douglas Jaffe
Trustee(s):
Jeffrey I Golden (TR) Pro Se
11:00 AM
Adv#: 8:18-01212 Saab et al v. Conkey
CONT'D Hearing RE: Motion To Dismiss Second Amended Complaint To Determine Dischargeability Of Debt
(Motion filed 4/2/19)
(Advanced from 11/6/19 - Order Entered 8-15-19) FR: 5-15-19; advanced from 11-6-19
Docket 23
Tentative for 09/18/19:
As indicated previously in the Court’s Order Continuing the Motion to Dismiss [Dk. 33], this Court will not allow the Plaintiff to relitigate matters already determined by a state court. In evaluating a Motion to Dismiss, the Court is not required to accept as true allegations that contradict matters properly subject to judicial notice or allegations contradicting the exhibits attached to the complaint. Sprewell v. Golden State Warriors, 266 F.3d 979, 988 (9th Cir. 2001). Having taken judicial notice of the now-final state court judgment referenced in the Second Amended Complaint [filed 3/19/19, Dk. 22], the Court is inclined to GRANT the motion to dismiss Plaintiff’s §523(a)(6) claim, §523(a)(2)
claim, and §523(a)(4) claim alleged on the basis of fraud.
However, the Court has determined that the Plaintiff’s §727(a)(4) claim and §523(a)(4) claim alleged on the basis of defalcation do not fail to state a claim, and, therefore, the Court is inclined to DENY the motion to dismiss as to those claims.
11:00 AM
Appearances are required.
Debtor(s):
James L Conkey Represented By Laleh Ensafi
Defendant(s):
James L Conkey Represented By Charity J Manee
Plaintiff(s):
Camil Saab Represented By
Douglas Jaffe
Helou Saab, Inc. Represented By Douglas Jaffe
Trustee(s):
Jeffrey I Golden (TR) Pro Se
11:00 AM
Adv#: 8:18-01064 Marshack v. Castanon et al
CONT'D Hearing RE: Motion For Partial Summary Judgment (Motion filed 5/31/19)
FR: 7-17-19 at 10:00 a.m; 8-14-19.
Docket 56
- NONE LISTED -
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Defendant(s):
Michael Edward Castanon Represented By Rhonda Walker
BeachPointe Investments, Inc. Represented By Evan C Borges
George Bawuah Represented By Evan C Borges
Jerry Bolnick Represented By
Evan C Borges
Jonathan Blau Represented By Evan C Borges
Joseph Bolnick Represented By
11:00 AM
Evan C Borges
Maria Castanon Pro Se
Kenneth Miller Represented By Evan C Borges
Peter Van Petten Represented By Evan C Borges
Raymond Midley Represented By Evan C Borges
Veronica Marfori Represented By Evan C Borges
Plaintiff(s):
Richard A. Marshack Represented By Sharon Oh-Kubisch
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen
Matthew Grimshaw
11:00 AM
Adv#: 8:18-01064 Marshack v. Castanon et al
CONT'D PRE-TRIAL CONFERENCE Hearing RE: First Amended Complaint:
To Recover Unlawful Dividends;
To Avoid And Recover Fraudulent Transfers Under 11 U.S.C. Sections 544(b) And 550 And California Civil Code Section 3439.04(a)(1);
To Avoid And Recover Pre-Petition Transfers Under 11 U.S.C. Sections 544(b) And 550 And California Civil Code Section 3439.04(a)(2);
To Avoid Pre-Petition Transfers Pursuant To 11 U.S.C. Sections 544(b) And California Civil Code Section 3439.05;
To Avoid Pre-Petition Transfers Pursuant To 11 U.S.C. Section 548(a)(1)(B)
To Avoid Pre-Petition Transfer Pursuant To 11 U.S.C. Section 549(a) (First Amended Complaint filed 1/3/19)
(Another Summons issued 2/15/19) (PTC set at S/C held 5/15/19) (Another Summons issued 6/26/19)
FR: 4-3-19; 5-15-19; 8-14-19
Docket 1
- NONE LISTED -
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Defendant(s):
Michael Edward Castanon Represented By Rhonda Walker
11:00 AM
BeachPointe Investments, Inc. Pro Se
George Bawuah Pro Se
Jerry Bolnick Pro Se
Jonathan Blau Pro Se
Joseph Bolnick Pro Se
Maria Castanon Pro Se
Kenneth Miller Pro Se
Peter Van Petten Pro Se
Raymond Midley Pro Se
Veronica Marfori Pro Se
Plaintiff(s):
Richard A. Marshack Represented By Sharon Oh-Kubisch
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#: 8:19-01048 Marshack v. Queen Funding LLC
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Avoidance Of Preferential Transfers Pursuant To 11 U.S.C. Section 547;
Recovery Of Property Pursuant To 11 U.S.C. Section 550;
Preservation Of Avoided Transfers Pursuant To 11 U.S.C. Section 551;
Disallowance Of Claims Pursuant To 11 U.S.C. Section 502(d);
Turnover Of Property Of The Estates Pursuant To 11 U.S.C. Section 542;
Predatory Lending Pursuant To California Business And Professions Code Section 17200;
Equitable Subordination Of Claims Pursuant To 11 U.S.C. Section 510(c);
And
Declaratory Relief (Complaint filed 3/20/19)
(Another Summons issued 6/27/19) FR: 6/26/19
Docket 1
- NONE LISTED -
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Defendant(s):
Queen Funding LLC Pro Se
11:00 AM
Plaintiff(s):
Richard A. Marshack Represented By Jeffrey I Golden
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen
Matthew Grimshaw
11:00 AM
Adv#: 8:19-01067 Van der Laan v. Nguyen
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Nondischargeability Of Debt Pursuant To 11 U.S.C. Section 523(a)(2)(A) (Complaint filed 4/14/19)
FR: 7-3-19
Docket 1
- NONE LISTED -
Debtor(s):
Hung Nguyen Represented By Alex L Benedict
Defendant(s):
Hung (Johnny) Nguyen Pro Se
Plaintiff(s):
Jacob Van der Laan Represented By Treg A. Julander John E Lattin
Trustee(s):
Richard A Marshack (TR) Pro Se
11:00 AM
Hearing RE: Chapter 7 Trustee's Motion For Order: (1) Authorizing Sale Of Property Pursuant To 11 U.S.C. Section 363(b); (2) Approving Overbid Procedures; (3) Approving Buyer As Good-Faith Purchaser Pursuant To 11
U.S.C. Section 363(m); (4) Approving Compromise Of Controversy Pursuant To Federal Rule Of Bankruptcy Procedure 9019; And (5) Approving Employment Of Broker (Yorath Yachts) Pursuant To 11 U.S.C. Sections 327 And 328 And Payment Of Broker's Compensation And Out-Of-Pocket Expenses
(Motion filed 8/28/19)
[RE: Bayliner 3055 Ciera]
Docket 45
Tentative for 09/18/19:
The Court is inclined to GRANT the motion.
Appearances are required.
Debtor(s):
James Avery Brisco Represented By
Marvin Maurice Oliver
Joint Debtor(s):
Linsey Lee Brisco Represented By
Marvin Maurice Oliver
Trustee(s):
Jeffrey I Golden (TR) Pro Se
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 11/5/18)
FR: 12-20-18; 1-24-19; 2-7-19; 3-5-19; 3-7-19; 6-13-19
Docket 1
Tentative for 09/19/19 is to CONTINUE this status conference to January 9, 2020 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
**************************************************************************** Tentative for 6/13/19 is to set a continued status conference date of September 19, 2019 at 11:00 a.m. with a status report due 14 days in advance.
Appearances are excused. No hearing will occur.
****************************************************************************
Tentative for 3/07/19 is to set a continued status conference date of June 27, 2019 at 11:00 a.m. with a status report due 14 days in advance.
Appearances required.
****************************************************************************** Tentative for 2/07/19 is to set a continued status conference on April 18, 2019 at 11:00 a.m. A status report is due 14 days in advance.
Debtor is also instructed to lodge a scheduling order setting forth the dates and deadlines established at the 1/24/19 status conference.
11:00 AM
**************************************************************************** Tentative for 1/24/19 is to set the following dates/deadlines:
Deadline for filing a plan and disclosure statement: March 5, 2019. See Status Report filed 12/6/18 [Dk. 60], pg. 9:15-18. Note: the failure to timely file a plan and disclosure statement may result in the conversion or dismissal of the case.
Claims Bar Date: March 29, 2019 with notice to be served by January 28, 2019.
Continued status conference: April 18, 2019 at 11:00 a.m. A status report is due 14 days in advance.
Appearances required.
***************************************************************************** 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: Chapter 7 Trustee's Motion For Order Authorizing Trustee To Enter Into Commercial Lease
(Motion filed 8/29/19)
[RE: 130 Newport Center Drive, Suite Nos. 105 and 110, Newport Beach, CA 92660]
Docket 225
Tentative for 09/19/19 is to 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):
Kendall Frozen Fruits, Inc. Represented By Steven Werth David S Kupetz
Trustee(s):
Howard B Grobstein (TR) Represented By David Wood
Matthew Grimshaw Tinho Mang
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; 12-20-18; 4-18-19
Docket 1
Tentative for 09/19/19 is to CONTINUE this status conference to February 6, 2020 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
*************************************************************************** Tentative for 4/18/19:
The Court has received and reviewed the Eigth Chapter 11 Status Report and Second Post-Confirmation Status Report for LVNV Multi Family, LLC, filed April 4, 2019 [Dk. 844], 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 September 19, 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 12/20/18:
11:00 AM
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 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 AM
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
Adv#: 8:19-01010 Luxury Asset Purchasing International, LLC v. Luxury Asset Lending, LLC
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint:
To Disallow Proof Of Claim;
To Avoid Incurrence Of Debt;
For Contractual Indemnity; And
Breach Of Contract (Complaint filed 1/9/19) (PTC set at S/C held 4/4/19)
FR: 4-4-19
Docket 1
- 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 Corey R Weber Michael W Davis Kathy Bazoian Phelps Timothy W Evanston
11:00 AM
Defendant(s):
Jackman Industries, Inc. Pro Se
David Moore Pro Se
Luxury Asset Lending, LLC Pro Se
Plaintiff(s):
Luxury Asset Purchasing Represented By Kyra E Andrassy
11:00 AM
Hearing RE: Confirmation Of First Amended Chapter 11 Plan Dated July 26, 2019
(Plan filed 5/20/19) (D.S. filed 5/20/19) (D.S. approved 7/18/19)
(First Amended Plan filed 7/26/19) FR: 7-18-19
Docket 76
Tentative for 09/19/19:
The Court will require live testimony in person from Mr. Glenn Vodhanel, President of Progressive Solutions, Inc., Mr. James Sherman, President of Ecker Capital, LLC, and a PMK from the City of Oakland, California ("City"), regarding the City's proposed Plan/Disclosure Statement and its negotiations with Ecker Capital, LLC.
Appearances required in person.
Debtor(s):
Progressive Solutions, Inc. Represented By Lewis R Landau
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 11/21/18)
FR: 1-10-19; 6-13-19; 7-18-19
Docket 1
Tentative for 09/19/19:
The Court is inclined to set a continued status conference date of December 5, 2019 at 11:00 a.m. with a status report due 14 days in advance.
Appearances required.
***************************************************************************** Tentative for 7/18/19 is to set a continued status conference date of November 21, 2019 at 11:00 a.m. with a status report due 14 days in advance.
Appearances required.
**************************************************************************** Tentative for 6/13/19:
The Court has received and reviewed the status report filed on May 30, 2019 [Dk. 49], and will CONTINUE this matter to July 18, 2019, at 11:00 a.m. to coincide with the hearing on the disclosure statement.
Appearances are excused. No hearing will occur.
**************************************************************************** Tentative for 1/10/19 is to set the following dates/deadlines:
11:00 AM
May 20, 2019: Last date to file a plan and disclosure statement.
March 15, 2019: Last date to file claims ("Claims Bar Date").
January 14, 2019: Last date for Debtor to serve notice of the Claims Bar Date.
April 15, 2019: Last date to file objections to claim.
April 15, 2019: Last date to file avoidance actions.
The Debtor is specifically advised that the failure to timely file a plan or disclosure statement may result dismissal or conversion.
Appearances required.
Debtor(s):
Progressive Solutions, Inc. Represented By Lewis R Landau
10:00 AM
Tiffany & Bosco - movant attorney Motion for relief stay
AmeriHome Mortgage Company, LLC vs DEBTOR (Motion filed 9/6/19)
RE: 42437 Via Serrano, Murrieta, California 92562 EH
Docket 22
Tentative for 10/01/19:
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):
Benjamin Armando Mireles Pro Se
Trustee(s):
10:00 AM
Karl T Anderson (TR) Pro Se
10:00 AM
Tiffany & Bosco - movant attorney Motion for relief stay
PennyMac Loan Services, LLC vs DEBTORS (Motion filed 9/5/19)
RE: 29561 Eastbank Dr, Menifee, California 92585 EH
Docket 19
- NONE LISTED -
Debtor(s):
Lloyd S Adelhelm Pro Se
Joint Debtor(s):
Irene Adelhelm Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Sissac Legal Group P.C. - movant attorney Motion for Relief from Stay
Exeter Finance, LlC vs. DEBTORS (Motion filed 9/6/19)
Re: 2014 Volkswagen Passat 1.8T SE Sedan 4D EH
Docket 24
Tentative for 10/01/19:
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):
Julian Lamar Stepney Represented By
Nicholas Nicholas Wajda
10:00 AM
Joint Debtor(s):
Tamika Elaine Stepney Represented By
Nicholas Nicholas Wajda
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, Howard B. Grobstein, trustee (Motion filed 9/4/19)
Re: 2010 CHRYSLER TOWN & COUNTRY VIN 2A4RR5D16AR289030
EH
Docket 8
Tentative for 10/01/19:
Grant pursuant to 11 U.S.C. § 362(d)(1) and (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):
Linda Jean Eger Represented By Daniel King
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
Tiffany & Basco - movant attorney Motion for Relief from Stay
HomeBridge Financial Services, Inc vs. DEBTOR (Motion filed 8/259/19)
RE: 3063 Westfield Drive, Riverside, CA 92503 EH
Docket 20
Tentative for 10/01/19:
Grant pursuant to 11 U.S.C. § 362(d)(1) and (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):
Sisi H King Represented By
Richard J Soule
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
Vanlochem & Associates LLP - movant attorney Motion for Relief from Stay
Alliant Credit Union vs. DEBTORS (Motion filed 8/30/19)
RE: RE: 2008 Monaco Camelot M-42PDQ EH
Docket 12
Tentative for 10/01/19:
Grant pursuant to 11 U.S.C. § 362(d)(1) and (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):
Larry Anthony Santillo Represented By Todd L Turoci
10:00 AM
Joint Debtor(s):
Mildred May Santillo Represented By Todd L Turoci
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, Lynda T. Bui, trustee (Motion filed 9/6/19)
Re: 2016 JEEP PATRIOT VIN 1C4NJPBA6GD546970
EH
Docket 9
Tentative for 10/01/19:
Grant pursuant to 11 U.S.C. § 362(d)(1) and (d)(2) with 4001(a)(3) waiver and annulment as requested.
Movant has provided evidence that its action in recovering the vehicle 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 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.
10:00 AM
Movant to lodge an order within seven (7) days.
Debtor(s):
Humberto Sandoval Martinez Represented By Norma Duenas
Trustee(s):
Lynda T. Bui (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, Robert Whitmore, trustee (Motion filed 9/4/19)
Re: 2016 FORD FLEX VIN 2FMGK5C82GBA16101
EH
Docket 9
Tentative for 10/01/19:
Grant pursuant to 11 U.S.C. § 362(d)(1) and (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):
Pedro E Reyes Montano Represented By Christopher Hewitt
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
TD Auto Finance LLC vs. DEBTOR, Howard B. Grobstein, trustee (Motion filed 8/30/19)
Re: 2014 CHEVROLET SONIC VIN 1G1JA6SH9E4168428
EH
Docket 8
Tentative for 10/01/19:
DENY pursuant to 11 U.S.C. § 362(d)(1).
Here, the Movant is adequately protected by a substantial equity cushion of 38.37%. 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).
Note: If Movant agrees with the above tentative, no appearance by Movant is required.
Movant to lodge an order within seven (7) days.
Debtor(s):
Hector Munoz Jr. Represented By Raymond Perez
10:00 AM
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
Pagter and Perry Isaacson - movant attorney Motion for Relief from Stay
Greg J. Nolan vs. DEBTOR (Motion filed 9/5/19)
Re: ACTION IN NON-BANKRUPTCY FORUM
EH
Docket 8
Tentative for 10/01/19 is to CONTINUE the Motion to November 19, 2019, at 10:00 a.m.
In his declaration, Movant states he intends to file a nondischargeability proceeding. As of the date of the posting of this tentative, no such action has been filed.
In addition, after review of the Movant's papers, the Court remains unclear whether cause exists to grant such relief in accordance with the Curtis factors established in In re Plumberex Specialty Products, Inc. 311 B.R. 551 (2004).
Accordingly, the Court is inclined to CONTINUE this matter until November 19, 2019, at 10:00 a.m. after the deadline for objecting to discharge has passed. Further, by no later than November 5, 2019, Movant should provide supplemental briefing to demonstrate that cause exists to grant the requested relief.
Note: If Movant agrees with the above tentative, no appearance by Movant is
10:00 AM
required.
Debtor(s):
Steve William Nolan Represented By Nathan Fransen
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
Law Offices of Vincent V. Frounjian, P.C. - movant attorney Motion for relief stay
American Honda Finance Corporation vs DEBTOR, Howard B Grobstein,
Trustee
(Motion filed 9/9/19)
RE: 2018 HONDA PILOT, VIN: 5FNY F6H3 4JB0 38210
EH
Docket 8
Tentative for 10/01/19:
Grant pursuant to 11 U.S.C. § 362(d)(1) and (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 Irene Allain Represented By Edgar P Lombera
10:00 AM
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
Ghidotti Berger - movant attorney Motion for Relief from Stay
US Bank National Association as trustee of the Chalet Series IV trust vs. DEBTOR
(Motion filed 9/6/19)
Re: 9026 Torrance Ave, Hesperia, CA 92344 EH
Docket 8
Tentative for 10/01/19:
GRANT pursuant to 11 U.S.C. § 362(d)(1) with 4001(a)(3) waiver. However, the Court DENIES relief under § 362(d)(4) as the Movant has not submitted facts demonstrating that such relief is warranted and the Court is unable to make the required findings. In re First Yorkshire Holdings, Inc., 470 B.R. 864, 870-71 (B.A.P. 9th Cir. 2012).
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Gail Ann Reynolds Pro Se
10:00 AM
Trustee(s):
Lynda T. Bui (TR) Pro Se
11:00 AM
Hrg. on trustee's final report; applications for compensation EH
Docket 0
Tentative for 10/01/19 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):
Hilda Cervantes Represented By
Jennifer Ann Aragon - SUSPENDED -
Joint Debtor(s):
Jessie Garcia Represented By
Jennifer Ann Aragon - SUSPENDED -
Trustee(s):
Larry D Simons (TR) Pro Se
11:00 AM
Hrg. on trustee's final report; applications for compensation EH
Docket 0
Tentative for 10/01/19 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):
Teresa Alcala Represented By Peter Rasla
Trustee(s):
Karl T Anderson (TR) Pro Se
11:00 AM
Hrg. on trustee's final report; applications for compensation EH
Docket 37
Tentative for 10/01/19 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):
Luis Chavez Represented By
Brian J Soo-Hoo
Joint Debtor(s):
Jenny Chavez Represented By Brian J Soo-Hoo
Trustee(s):
Arturo Cisneros (TR) Pro Se
11:00 AM
Hrg. on trustee's final report; applications for compensation EH
Docket 43
Tentative for 10/01/19 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):
Leonardo Ramos Represented By James L Migler
Joint Debtor(s):
Maria G Zavala Represented By James L Migler
Trustee(s):
Arturo Cisneros (TR) Represented By Karen S. Naylor
11:00 AM
Hrg. on trustee's final report; applications for compensation EH
Docket 21
Tentative for 10/01/19 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):
Derek M. Herrera Represented By Keith Q Nguyen
Trustee(s):
Karl T Anderson (TR) Pro Se
11:00 AM
Hrg. on trustee's final report; applications for compensation EH
Docket 34
Tentative for 10/01/19 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):
Alex Balbastro Represented By Alexander Pham
Trustee(s):
Karl T Anderson (TR) Pro Se
1:30 PM
Final Fee Application for Approval of Fees and Reimbursement of Expenses for Todd L Turoci, Debtor's Attorney, Period: 4/10/2019 to 8/23/2019, Fee:
$12345.00 and Expenses: $845.12 EH
Docket 184
- NONE LISTED -
Debtor(s):
Caroline C Mendoza Represented By Todd L Turoci
1:30 PM
Hrg. on Debtor in Possession's Motion filed 9/4/19 For Order Approving First Amendment To Final Order Approving The Debtor To Use Cash Collateral
EH
Docket 444
Tentative for 10/01/19 is to 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):
Air Force Village West Inc Represented By Samuel R Maizel Tania M Moyron
1:30 PM
Keith C. Owens - movant attorney Motion for Relief from Stay
BPP Shiraz Arch-3 LP vs. DEBTOR (Motion filed 7/30/19)
Re: 1800 S Archibald Ave, Bldg. 3, Ontario, CA 91761 EH
(Cont. from 8/27/19)
Docket 128
Tentative for 10/01/19:
This matter was continued from 08/27/19 for the purposes of allowing the Chapter 7 Trustee to weigh in on the motion. As of the posting of this tentative, no further pleadings have been filed. The Court would like to hear from the Chapter 7 Trustee on this matter.
Appearances are required, especially by the Chapter 7 Trustee.
*****************************************************************************
Tentative for 8/27/19: The Court requires clarification regarding (1) whether assets of the Debtor’s Estate are being stored on the leased property in addition to customer products, and (2) whether removal of customer products will result in additional claims against the Estate.
Appearances are required.
1:30 PM
Debtor(s):
SIF Services, LLC Represented By Steven R Fox
W. Sloan Youkstetter Janis G Abrams Michael B Lubic
1:30 PM
Hrg. on BPP Shiraz Arch 3 LP Motion filed 7/30/19 For Allowance and to Compel Payment of Administrative Rent Claim
EH
(Cont. from 8/27/19)
Docket 129
Tentative for 10/01/19:
The Court finds it premature to make a ruling at this time, so this matter will be CONTINUED to December 17, 2019 at 1:30 p.m. to allow the Chapter 7 Trustee to weigh in. Additional pleadings should be submitted 14 days prior to the continued hearing date.
Appearances are excused.
Debtor(s):
SIF Services, LLC Represented By Steven R Fox
W. Sloan Youkstetter Janis G Abrams Michael B Lubic
1:30 PM
Hrg. on Chapter 11 Status Conference
Docket 0
Tentative for 10/01/19:
As an initial matter, the Court notes that no Corporate Resolution has been filed as required pursuant to the Court Manual, Section 2.1(e)(1)(E).
The Court is inclined to set the following dates/deadlines provided that Debtor files the Corporate Resolution by 12:00 p.m. on October 1, 2019:
December 30, 2019: Last date to file a plan and disclosure statement.
December 15, 2019: Last date to file claims ("Claims Bar Date").
October 9, 2019: Last date for Debtor to serve notice of the Claims Bar Date.
If Debtor fails to file the Corporate Resolution by the deadline, the Court will be inclined to set an OSC why this case should not be dismissed or converted to chapter 7.
Appearances are required.
Debtor(s):
O'Linn Security Incorporated Represented By Steven R Fox
W. Sloan Youkstetter
10:00 AM
Hrg. on approval of Reaffirmation Agreement Between Debtor and Alaska USA Federal Credit Union, in the amount of $16,687.93
Re: 2014 Ford Fusion
Docket 13
- NONE LISTED -
Debtor(s):
David Miller Represented By
Alon Darvish
Joint Debtor(s):
Evonna Miller Represented By Alon Darvish
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 9/9/19 Between Debtor and Veros Credit, in the amount of $17,365.13
Re: 2012 Honda Pilot EX-L Sport Utility 4D
Docket 15
- NONE LISTED -
Debtor(s):
Victor Blanco Solano Represented By Lissette C Blandino
Joint Debtor(s):
Sandra Blanco Represented By Lissette C Blandino
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement Between Debtor and Americredit Financial Services, Inc. Dba GM Financial, in the amount of $38,655.25
Re: 2018 Chevrolet Camaro
Docket 14
- NONE LISTED -
Debtor(s):
Sarah Johnson Represented By Daniel King
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 8/21/19 Between Debtor and American Honda Finance Corporation, in the amount of $16,870.13
Re: 2018 Honda Civic
Docket 15
- NONE LISTED -
Debtor(s):
Francisco Laureano-Gonzalez Represented By Marlin Branstetter
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 8/29/19 Between Debtor and Altura Credit Union, in the amount of $10,431.97
Re: 2008 Weekend Warrior
Docket 10
- NONE LISTED -
Debtor(s):
Christina Munoz Velasco Represented By Daniel King
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement Between Debtor and Alaska USA Federal Credit Union, in the amount of $15,547.22
Re: 2005 Hummer
Docket 12
- NONE LISTED -
Debtor(s):
Brandon Burton Represented By Daniel King
Joint Debtor(s):
Sheryl Anne Burton Represented By Daniel King
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement Between Debtor and Wells Fargo Auto, in the amount of $21,736.94
Re: 2016 Ford Mustang
Docket 24
- NONE LISTED -
Debtor(s):
Corrina Escajeda Pro Se
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement Between Debtor and Santiago Financial in the amount of $8,999.15
Re: 1972 Viking 24x60 Mobile Home
Docket 33
- NONE LISTED -
Debtor(s):
Willene Douglas-Bonafede Represented By Tina M Chen
Trustee(s):
Arturo Cisneros (TR) Pro Se
1:30 PM
Adv#: 6:18-01201 Turoci v. Mulvania
PRE-TRIAL CONFERENCE Re: Complaint by Todd Turoci against Christopher John Mulvania - §523(a)(2)(A), (B), §727(c),(d),(e)
(Cont. from 7/03/19) EH
Docket 1
- NONE LISTED -
Debtor(s):
Christopher John Mulvania Represented By
Bryant C MacDonald
Defendant(s):
Christopher John Mulvania Pro Se
Plaintiff(s):
Todd Turoci Represented By
Todd L Turoci
Trustee(s):
Larry D Simons (TR) Pro Se
1:30 PM
Adv#: 6:18-01217 Liao v. Zhuang
PRE-TRIAL CONFERENCE re Complaint to determine non-dischargeability of debt; (1) False Pretenses, False Representations, or Actual Fraud; (2) Willful and Malicious Injury and (3) Non-Dischargeability of Debt
EH
(Cont. from 6/26/19)
Docket 1
- NONE LISTED -
Debtor(s):
Judy Zhuang Represented By
Todd L Turoci
Defendant(s):
Judy Zhuang Pro Se
Plaintiff(s):
Chih Ling Liao Represented By Sam X J Wu
Trustee(s):
Todd A. Frealy (TR) Pro Se
1:30 PM
Hrg. on chapter 7 trustee's motion filed 9/27/19 to Amend Sale Order EH
(OST signed 9/30/19)
Docket 80
- NONE LISTED -
Debtor(s):
Cecil Jerry Edens Jr Represented By Joseph A West
Trustee(s):
John P Pringle (TR) Represented By Toan B Chung
11:00 AM
Adv#: 8:19-01092 WJA Secure Income Fund, LLC v. Winget, Spadafora & Schwartzberg, LLP
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Unjust Enrichment AND Third-Party Complaint Against William M. Jordan For (1) Breach Of Contract - Third Party Beneficiary, (2) Quantum Meruit, (3) Unjust Enrichment, (4) Implied Indemnity, (5) Equitable Indemnity, (6) Contribution,
And (7) Declaratory Relief (Complaint filed 5/17/19)
(Third-Party Complaint filed 7/17/19) (Another Summons issued 7/29/19)
Docket 1
Tentative for 10/02/19:
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: April 1, 2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: May 13, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
Pretrial conference: June 25, 2020 @ 11:00am.
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 monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.
Plaintiff is to lodge a scheduling order within seven (7) days. Appearances are required.
11:00 AM
Debtor(s):
WJA Secure Income Fund LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello
Defendant(s):
Winget, Spadafora & Schwartzberg, Pro Se Arto J. Nuutinen Pro Se
Plaintiff(s):
WJA Secure Income Fund, LLC Represented By Michael W Davis
11:00 AM
Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses
(Final Report filed 8/27/19)
[RE: RICHARD A. MARSHACK - Chapter 7 Trustee] [Fees: $1,763.09; Expenses: $71.22]
[RE: HAHN FIFE & COMPANY, LLP - Accoutant For Chapter 7 Trustee] [Fees: $1,000.00; Expenses: $0.00]
Docket 0
Tentative for 10/02/19 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):
PDB & Main LLC Represented By Eliza Ghanooni
Trustee(s):
Richard A Marshack (TR) Pro Se
11:00 AM
Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses
(Final Report filed 8/28/19)
[RE: THOMAS H. CASEY, Chapter 7 Trustee] [Fees: $2,285.57; Expenses: $170.90]
Docket 0
Tentative for 10/02/19 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):
Dennis Paul Meade Jr. Represented By Michael N Nicastro
Joint Debtor(s):
Marcella De Anda Represented By Michael N Nicastro
Trustee(s):
Thomas H Casey (TR) Pro Se
11:00 AM
Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses
(Final Report filed 8/23/19)
[RE: THOMAS H. CASEY - Chapter 7 Trustee] [Fees: $31,176.67; Expenses: $954.62]
[RE: RINGSTAD & SANDERS - Attorneys For Chapter 7 Trustee] [Fees: $25,290.00; Expenses: $372.91]
[RE: HAHN FIFE & COMPANY - Accountant For Chapter 7 Trustee] [Fees: $1,848.00; Expenses: $262.60]
Docket 99
Tentative for 10/02/19 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):
Wiebke Bultmann Represented By Michael N Nicastro
Trustee(s):
Thomas H Casey (TR) Represented By Karen S. Naylor
11:00 AM
11:00 AM
Adv#: 8:19-01074 NuVision Federal Credit Union v. Lynch
Hearing RE: Defendant's Motion To Dismiss First Amended Complaint Pursuant To Federal Rules Of Civil Procedure, Rule 12(b) (1-2, 4-5)
(Motion filed 8/28/19)
Docket 19
Tentative for 10/02/19:
While the Court agrees that the Plaintiff should have complied with FRCP in the filing of its FAC, the Court recognizes that leave to amend should be freely granted. FRCP §15(a)(2). Therefore, the Court is inclined to sua sponte GRANT the Plaintiff leave to amend their complaint, on a nunc pro tunc basis.
It is well-established in the 9th Circuit that an "amended complaint supersedes the original, the latter being treated thereafter as non-existent." Ramirez v. San Bernardino 806 F.3d 1002, 1007 (9th Circ. 2015). It follows that the Court will DENY the MTD #1 on the grounds that it is moot.
Further, the Court will DENY the MTD #2 without prejudice, as the motion did not raise any substantive arguments for dismissal, relying on the MTD #1 which has been denied, and the sole procedural issue raised in the MTD #2 has been addressed entirely by the Court.
A new Motion to Dismiss must be filed by November 6, 2019. If filed, a hearing on that motion will be held on December 4, 2019 at 11:00 a.m. Opposition will be due 14 days in advance of the hearing. A Reply will be due 7 days in advance of the hearing.
Appearances are required.
11:00 AM
Debtor(s):
Thomas Joseph Lynch JR Pro Se
Defendant(s):
Thomas Joseph Lynch Jr. Represented By Patrick OKennedy
Plaintiff(s):
NuVision Federal Credit Union Represented By Alana B Anaya
Trustee(s):
Karen S Naylor (TR) Pro Se
11:00 AM
Adv#: 8:19-01074 NuVision Federal Credit Union v. Lynch
CONT'D STATUS CONFERENCE Hearing RE: First Amended Complaint To Determine The Dischargeability Of Debts Pursuant To 11 U.S.C. Section 523(a) (2)(A)
(Complaint filed 4/23/19)
(First Amended Complaint filed 7/3/19) FR: 7-17-19
Docket 1
Tentative for 10/02/19:
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: February 6, 2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: March 19, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
Pretrial conference: April 29, 2020 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 monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.
Plaintiff is to lodge a scheduling order within seven (7) days. Appearances are required.
11:00 AM
********************************************************************************* Tentative for 7/17/19:
This matter is CONTINUED to October 2, 2019 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
Thomas Joseph Lynch JR Represented By Patrick OKennedy
Defendant(s):
Thomas Joseph Lynch Jr. Pro Se
Plaintiff(s):
NuVision Federal Credit Union Represented By Alana B Anaya
Trustee(s):
Karen S Naylor (TR) Pro Se
11:00 AM
Adv#: 8:19-01074 NuVision Federal Credit Union v. Lynch
CONT'D Hearing RE: Motion To Dismiss Complaint Pursuant To 11 USC Section 523(a)()(A) And Other Grounds For Failure To State A Claim (Motion filed 5/23/19) (Notice Of Hearing filed 5/24/19)
FR: 7-17-19
Docket 5
Tentative for 10/02/19:
While the Court agrees that the Plaintiff should have complied with FRCP in the filing of its FAC, the Court recognizes that leave to amend should be freely granted. FRCP §15(a)(2). Therefore, the Court is inclined to sua sponte GRANT the Plaintiff leave to amend their complaint, on a nunc pro tunc basis.
It is well-established in the 9th Circuit that an "amended complaint supersedes the original, the latter being treated thereafter as non-existent." Ramirez v. San Bernardino 806 F.3d 1002, 1007 (9th Circ. 2015). It follows that the Court will DENY the MTD #1 on the grounds that it is moot.
Further, the Court will DENY the MTD #2 without prejudice, as the motion did not raise any substantive arguments for dismissal, relying on the MTD #1 which has been denied, and the sole procedural issue raised in the MTD #2 has been addressed entirely by the Court.
A new Motion to Dismiss must be filed by November 6, 2019. If filed, a hearing on that motion will be held on December 4, 2019 at 11:00 a.m. Opposition will be due 14 days in advance of the hearing. A Reply will be due 7 days in advance of the hearing.
Appearances are required.
11:00 AM
Debtor(s):
Thomas Joseph Lynch JR Represented By Patrick OKennedy
Defendant(s):
Thomas Joseph Lynch Jr. Represented By Patrick OKennedy
Plaintiff(s):
NuVision Federal Credit Union Represented By Alana B Anaya
Trustee(s):
Karen S Naylor (TR) Pro Se
11:00 AM
Adv#: 8:19-01069 OC West, LLC et al v. Lynch
CONT'D STATUS CONFERENCE RE: First Amended Complaint For:
Nondischargeability Of Debt Pursuant To 11 U.S.C. Sections 523(a)(2)(A), 523(a)(2)(B), 523(a)(4) and 523(a)(6);
Denial Of Discharge Pursuant To: 11 U.S.C. Sections 727(a)(2)(A), 727(a) (2)(B), 727(a)(3), 727(a)(4)(A), 727(a)(4)(D), 727(a)(5), and 727(a)(12)(B); And
Unfair, Unlawful And Fraudulent Business Practice California Business And Professional Code Section 17200 et seq.
(Complaint filed 4/17/19)
(First Amended Complaint filed 8/13/19) FR: 7-3-19; 7-17-19
Docket 1
Tentative for 10/02/19:
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: March 6, 2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: April 24, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
Pretrial conference: June 10, 2020.
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 monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.
Plaintiff is to lodge a scheduling order within seven (7) days.
11:00 AM
Appearances are required.
**************************************************************************** Tentative for 7/3/19:
This matter is CONTINUED to July 17, 2019 at 10:00 a.m. to coincide with the hearing on the motion to dismiss. A status report is not required for this continued status conference.
Appearances are excused.
Debtor(s):
Thomas Joseph Lynch JR Represented By Patrick OKennedy
Defendant(s):
Thomas Joseph Lynch Pro Se
Plaintiff(s):
OC West, LLC Represented By Baruch C Cohen
Liberty Financial USA, LCC Represented By Baruch C Cohen
Liberty Debt Solution, LLC Represented By Baruch C Cohen
Trustee(s):
Karen S Naylor (TR) Pro Se
11:00 AM
Adv#: 8:19-01069 OC West, LLC et al v. Lynch
Hearing RE: Defendant Thomas Joseph Lynch's Motion To Dismiss First Amended Complaint Pursuant To Federal Rules Of Civil Procedure, Rule 12(b) (6)
(Motion filed 9/17/19)
Docket 33
Tentative for 10/02/19 is to DENY the Motion to Dismiss with respect to the 5th, 8th, 10th, 11th, and 12th causes of action.
To survive a motion to dismiss, a Complaint must allege "enough facts to state a claim to relief that is plausible on its face." Bell Atlantic Corp. v.
Twombly, 550 U.S. 544, 570 (2007). In deciding whether the Plaintiff has stated a claim upon which relief can be granted, the Court must draw all reasonable inferences in favor of the nonmoving party. Cholla Ready Mix, Inc.
Civish, 382 F.3d 969, 973 (9th Cir. 2004) (citing Karam v. City of Burbank, 352 F.3d 1188, 1192 (9th Cir. 2003)).
Debtor has failed to meet its burden to prove that the facts alleged in the Plaintiff’s complaint are implausible or lack particularity, or, in the alternative, that the Plaintiff has not provided enough fact to allow the Debtor to reasonably prepare a response.
The Court notes that the 1st, 2nd, 3rd, 4th, 6th, 7th, and 9th causes of action were previously DENIED at the July 17, 2019 hearing on the first Motion to Dismiss. Therefore, the Court will not readdress these causes of action with respect to the second Motion to Dismiss.
Appearances are required.
11:00 AM
Debtor(s):
Thomas Joseph Lynch JR Pro Se
Defendant(s):
Thomas Joseph Lynch Pro Se
Plaintiff(s):
OC West, LLC Pro Se
Liberty Financial USA, LCC Pro Se
Liberty Debt Solution, LLC Pro Se
Trustee(s):
Karen S Naylor (TR) Pro Se
11:00 AM
Hearing RE: Motion For Order Extending The Deadline To Object To The Debtor's Discharge Pursuant To 11 U.S.C. Sections 523 And 727 And Federal Rule Of Bankruptcy Procedure 4004
(Motion filed 8/12/19)
(Set per Order Entered 9/4/19)
Docket 30
The Court’s tentative for 10/02/19 is to DENY the Motion to extend the discharge deadline, as the Movant did not show adequate cause.
Appearances are required.
Debtor(s):
Hassan Abbas Kassir Pro Se
Trustee(s):
Richard A Marshack (TR) Represented By Donald W Sieveke
11:00 AM
Adv#: 8:19-01080 Marshack v. Kassir
CONT'D Hearing RE: Motion To Dismiss Complaint To Deny Debtor's Discharge Per 11 U.S.C. Section 727 For Failure To State A Claim, Or In The Alternative For A More Definite Statement
(Motion filed 7/17/19) FR: 9-4-19
Docket 6
- NONE LISTED -
Debtor(s):
Hassan Abbas Kassir Pro Se
Defendant(s):
Hassan Abbas Kassir Pro Se
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#: 8:19-01080 Marshack v. Kassir
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Deny Debtor's Discharge Per 11 U.S.C. Section 727
(Complaint filed 5/6/19)
(Another summons issued 6/17/19) FR: 8-7-19; 9-4-19
Docket 1
- NONE LISTED -
Debtor(s):
Hassan Abbas Kassir Pro Se
Defendant(s):
Hassan Abbas Kassir Pro Se
Plaintiff(s):
Richard A Marshack Represented By Donald W Sieveke
Trustee(s):
Richard A Marshack (TR) Pro Se
11:00 AM
Adv#: 8:19-01080 Marshack v. Kassir
Hearing RE: Motion To Compel Trustee To Recover Debtor's Estate, Payoff All Creditors, And Investigate Creditor Hassan Essayli's Proof Of Disputed Claims (Motion filed 8/16/19)
Docket 10
- NONE LISTED -
Debtor(s):
Hassan Abbas Kassir Pro Se
Defendant(s):
Hassan Abbas Kassir Pro Se
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#: 8:19-01130 Marshack v. Kassir et al
CONT'D Hearing RE: Motion To Dismiss Complaint To Avoid Fraudulent Transfers For Failure To State A Claim, Or In The Alternative For A More Definite Statement
(Motion filed 8/12/19) FR: 9-18-19
Docket 10
- NONE LISTED -
Debtor(s):
Sukeinah Hassan Kassir Pro Se
Defendant(s):
Mohammad Mahdi Kassir Pro Se
Mohammad Abbas Kassir Pro Se
Ali Al-Hadi Kassir Pro Se
Sukeinah Kassir Pro Se
Plaintiff(s):
Richard A Marshack Represented By Donald W Sieveke
Trustee(s):
Richard A Marshack (TR) Represented By Donald W Sieveke
11:00 AM
11:00 AM
Adv#: 8:19-01130 Marshack v. Kassir et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Avoid Fraudulent Transfers
(Complaint filed 7/2/19) FR: 9-18-19
Docket 1
- NONE LISTED -
Debtor(s):
Sukeinah Hassan Kassir Pro Se
Defendant(s):
Mohammad Mahdi Kassir Pro Se
Mohammad Abbas Kassir Pro Se
Ali Al-Hadi Kassir Pro Se
Sukeinah Kassir Pro Se
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#: 8:19-01081 Marshack v. Kassir
Hearing RE: Motion To Compel Trustee To Investigate Creditor Hassan Essayli's Proof Of Disputed Debt Claims
(Motion filed 8/29/19)
Docket 12
- NONE LISTED -
Debtor(s):
Sukeinah Hassan Kassir Pro Se
Defendant(s):
Sukeinah Hassan Kassir Pro Se
Plaintiff(s):
Richard A Marshack Represented By Donald W Sieveke
Trustee(s):
Richard A Marshack (TR) Represented By Donald W Sieveke
11:00 AM
Hearing RE: Motion For Order Extending The Deadline To Object To The Debtor's Discharge Pursuant To 11 U.S.C. Sections 523 And 727 And Federal Rule Of Bankruptcy Procedure 4004
(Motion filed 8/12/19)
(Set per Order Entered 9/4/19)
Docket 30
The Court’s tentative for 10/02/19 is to DENY the Motion to extend the discharge deadline, as the Movant did not show adequate cause.
Appearances are required.
Debtor(s):
Sukeinah Hassan Kassir Pro Se
Trustee(s):
Richard A Marshack (TR) Represented By Donald W Sieveke
11:00 AM
Adv#: 8:19-01081 Marshack v. Kassir
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Deny Debtor's Discharge Per 11 U.S.C. Section 727
(Complaint filed 5/6/19)
(Another summons issued 6/17/19) FR: 8-7-19; 9-4-19
Docket 1
- NONE LISTED -
Debtor(s):
Sukeinah Hassan Kassir Pro Se
Defendant(s):
Sukeinah Hassan Kassir Pro Se
Plaintiff(s):
Richard A Marshack Represented By Donald W Sieveke
Trustee(s):
Richard A Marshack (TR) Pro Se
11:00 AM
Adv#: 8:19-01130 Marshack v. Kassir et al
CONT'D Hearing RE: Motion To Dismiss Complaint To Deny Debtor's Discharge Per 11 U.S.C. Section 727 For Failure To State A Claim, Or In The Alternative For A More Definite Statement
(Motion filed 7/17/19) FR: 9-4-19
Docket 6
- NONE LISTED -
Debtor(s):
Sukeinah Hassan Kassir Pro Se
Defendant(s):
Mohammad Mahdi Kassir Pro Se
Mohammad Abbas Kassir Pro Se
Ali Al-Hadi Kassir Pro Se
Sukeinah Kassir Pro Se
Plaintiff(s):
Richard A Marshack Represented By Donald W Sieveke
Trustee(s):
Richard A Marshack (TR) Represented By Donald W Sieveke
11:00 AM
11:00 AM
Adv#: 8:19-01081 Marshack v. Kassir
Hearing RE: First Amendment Motion To Dismiss Complaint To Deny Debtor's Discharge Per 11 U.S.C. Section 727 For Failure To State A Claim, Or In The Alternative For A More Definite Statement
(Motion filed 7/17/19)
(First Amendment Motion filed 8/16/19)
Docket 8
NONE LISTED -
Debtor(s):
Sukeinah Hassan Kassir Pro Se
Defendant(s):
Sukeinah Hassan Kassir Pro Se
Plaintiff(s):
Richard A Marshack Represented By Donald W Sieveke
Trustee(s):
Richard A Marshack (TR) Represented By Donald W Sieveke
11:00 AM
CONT'D Hearing RE: Motion For Dismissal, Or In The Alternative, Conversion To Chapter 7
(Motion filed 5/31/19)
FR: 6-27-19; 8-8-19; 9-4-19
Docket 46
NONE LISTED -
Debtor(s):
The Brandywine Trust Dated August Represented By
Simon Aron
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 4/15/19)
FR: 6/13/19; 6-27-19; 8-8-19; 9-4-19
Docket 1
NONE LISTED -
Debtor(s):
The Brandywine Trust Dated August Represented By
Simon Aron
10:00 AM
Motion for relief from stay [Personal Property]
Santander Consumer USA Inc. dba Chrysler Capital As Servicer For CCAP Auto Lease Ltd. vs. DEBTOR
(Motion filed 9/13/19)
[RE: 2017 Alfa Romeo Giulia - VIN No.: ZARFAECN5H7557104]
Docket 69
Tentative for 10/10/19:
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 [Action In Non-Bankruptcy Forum]
The Brea Financial Group, LLC, dba Pub Club Leads And Adam Sthay vs. DEBTOR
(Motion filed 9/11/19)
[RE: Case Name: Liberty Debt Solution v. Thomas Joseph Lynch, et al.] [Docket Number: A-18-780085-C]
[Pending In: Eighth Judicial District Court, Clark County, Nevada]
Docket 49
Tentative for 10/10/19:
Grant pursuant to 11 U.S.C. § 362(d)(1) with 4001(a)(3) waiver and annulment as requested.
Appearances are required.
Debtor(s):
Thomas Joseph Lynch JR Pro Se
Trustee(s):
Karen S Naylor (TR) Pro Se
10:00 AM
Motion for relief from stay [Action In Non-Bankruptcy Forum]
Hassan Essayli vs. DEBTOR (Motion filed 9/5/19)
[RE: Case Name: Essayli v. Kassir, et al.] [Docket Number: 30-2019-09044149-CU-BT-CJC]
[Pending In: Orange County Superior Court]
Docket 41
Tentative for 10/10/19:
Grant pursuant to 11 U.S.C. § 362(d)(1) with 4001(a)(3) waiver and annulment as requested.
With respect to the Debtor's request for injunctive relief, no injunction may be issued without an adversary proceeding.
The Court notes that the on October 4, 2019, Debtor filed an ex parte application to continue this hearing. However, that application is denied for lack of good cause shown and the hearing scheduled on October 10, 2019 will proceed as scheduled.
Appearances are required.
Debtor(s):
Hassan Abbas Kassir Pro Se
Trustee(s):
Richard A Marshack (TR) Represented By
10:00 AM
Donald W Sieveke
10:00 AM
Motion for relief from stay [Action In Non-Bankruptcy Forum]
Hassan Essayli vs. DEBTOR (Motion filed 9/17/19)
[RE: Case Name: Essayli v. Kassir et al.] [Case Number: 30-2016-00889773-CU-OR-CJC]
[Pending In: Orange County Superior Court]
Docket 44
Tentative for 10/10/19:
Grant pursuant to 11 U.S.C. § 362(d)(1) with 4001(a)(3) waiver and annulment as requested.
With respect to the Debtor's request for injunctive relief, no injunction may be issued without an adversary proceeding.
The Court notes that the on October 4, 2019, Debtor filed an ex parte application to continue this hearing. However, that application is denied for lack of good cause shown and the hearing scheduled on October 10, 2019 will proceed as scheduled.
Appearances are required.
Debtor(s):
Hassan Abbas Kassir Pro Se
Trustee(s):
Richard A Marshack (TR) Represented By
10:00 AM
Donald W Sieveke
10:00 AM
Motion for relief from stay [Action In Non-Bankruptcy Forum]
Hassan Essayli vs. DEBTOR (Motion filed 9/3/19)
[RE: Case Name: Essayli v. Kassir, et al.] [Docket Number: 30-2019-09044149-CU-BT-CJC]
[Pending In: Orange County Superior Court]
Docket 35
NONE LISTED -
Debtor(s):
Hassan Abbas Kassir Pro Se
Trustee(s):
Richard A Marshack (TR) Represented By Donald W Sieveke
10:00 AM
Motion for relief from stay [Action In Non-Bankruptcy Forum]
Hassan Essayli vs. DEBTOR (Motion filed 9/17/19)
[RE: Case Name: Essayli v. Kassir et al.] [Case Number: 30-2016-00889773-CU-OR-CJC]
[Pending In: Orange County Superior Court]
Docket 41
Tentative for 10/10/19:
Grant pursuant to 11 U.S.C. § 362(d)(1) with 4001(a)(3) waiver and annulment as requested.
The Court notes that the on October 4, 2019, Debtor filed an ex parte application to continue this hearing. However, that application is denied for lack of good cause shown and the hearing scheduled on October 10, 2019 will proceed as scheduled.
Appearances are required.
Debtor(s):
Sukeinah Hassan Kassir Pro Se
Trustee(s):
Richard A Marshack (TR) Represented By Donald W Sieveke
10:00 AM
Motion for relief from stay [Personal Property]
MAS Financial Services vs. DEBTOR (Motion filed 9/18/19)
[RE: 2007 Acura MDX - VIN No.: 2HNYD28357H542616]
Docket 8
Tentative for 10/10/19:
Grant pursuant to 11 U.S.C. § 362(d)(1) and (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 Armando Guerrero Canela Represented By Andrew S Cho
Trustee(s):
Thomas H Casey (TR) Pro Se
11:00 AM
Adv#: 8:19-01076 Harrison et al v. Capital One Bank (USA), National Association
Hearing RE: Motion For Default Judgment Against Capital One Bank (USA),
National Association (Motion filed 8/26/19)
Docket 24
Tentative for 10/10/19:
To avoid unintended consequences, the Court will CONTINUE this matter until Harrison et al v. PM Factors, Inc., Case No. 8:19-
ap-01077, is decided on the merits.
The Continued Status Conference regarding this matter currently set for October 24, 2019 will be CONTINUED until March 19, 2020 at 11:00 a.m. Plaintiff is required to file a status report 14 days in advance of the hearing, whether unilateral or joint.
Appearances are excused.
Debtor(s):
Charles Flowers Harrison Represented By Michael Jones Sara Tidd
Defendant(s):
Capital One Bank (USA), National Pro Se
Joint Debtor(s):
Martha Isabel Montoya Represented By Michael Jones
11:00 AM
Sara Tidd
Plaintiff(s):
Charles Flowers Harrison Represented By Michael Jones
Martha Isabel Montoya Represented By Michael Jones
Axis CP I, LLC Represented By Michael Jones
11:00 AM
Hearing RE: Motion To Extend Time To File Plan And Disclosure Statement (Motion filed 8/23/19)
Docket 245
Tentative for 10/10/19 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):
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 Ryan W Beall
11:00 AM
Hearing RE: Sixth And Final Application For Allowance And Payment of Fees And Reimbursement Of Expenses For The Period April 7, 2019 Through July 22, 2019
[FOR: CA Real Estate Opportunity Fund II, LLC - ONLY]
(Application filed 9/5/19)
[RE: SMILEY WANG-EKVALL, LLP - Attorneys For Debtors-In-Possession] [Fees: $7,211.00; Expenses: $2.95]
Docket 995
Tentative for 10/10/19 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
Corey R Weber Michael W Davis Kathy Bazoian Phelps Timothy W Evanston
11:00 AM
Hearing RE: Sixth And Final Application For Allowance And Payment of Fees For The Period June 7, 2017 Through July 22, 2019
[FOR: CA Real Estate Opportunity Fund II, LLC - ONLY]
(Application filed 9/6/19)
[MENCHACA & COMPANY, LLP - Accountants For Debtors and Debtors-In- Possession]
[Fees: $22,057.41; Expenses: $0.00]
Docket 998
Tentative for 10/10/19 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 Corey R Weber
11:00 AM
Michael W Davis Kathy Bazoian Phelps Timothy W Evanston
11:00 AM
Hearing RE: Sixth And Final Application For Allowance And Payment of Fees And Reimbursement Of Expenses For The Period April 7, 2019 Through July 8, 2019
[FOR: PMB Managed Fund, LLC and Alabama Housing Fund, LLC - ONLY]
(Application filed 8/20/19)
[RE: SMILEY WANG-EKVALL, LLP - Attorneys For Debtors-In-Possession] [Fees: $16,760.50; Expenses: $1,762.97]
Docket 982
Tentative for 10/10/19 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 Corey R Weber
11:00 AM
Michael W Davis Kathy Bazoian Phelps Timothy W Evanston
11:00 AM
Hearing RE: Sixth And Final Application For Order Seeking Allowance And Payment of Fees On A Final Basis And Reimbursement Of Expenses For The Period April 11, 2019 Through July 8, 2019
[FOR: PMB Managed Fund, LLC and Alabama Housing Fund, LLC - ONLY]
(Application filed 8/23/19)
[RE: MENCHACA & COMPANY, LLP - Accountant for Debtors and Debtors- In-Possession]
[Fees: $2,904.00; Expenses: $0.00]
Docket 987
Tentative for 10/10/19 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
Corey R Weber Michael W Davis Kathy Bazoian Phelps Timothy W Evanston
11:00 AM
Hearing RE: Sixth And Final Application For Allowance And Payment of Fees And Reimbursement Of Expenses For The Period May 18, 2017 Through July 8, 2019
[FOR: PMB Managed Fund, LLC - ONLY]
(Application filed 8/23/19)
[RE: RUTAN & TUCKER - Special Counsel For Debtors and Debtors-In- Possession]
[Fees: $3,762.00; Expenses: $13.60]
Docket 985
Tentative for 10/10/19 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
Corey R Weber Michael W Davis Kathy Bazoian Phelps Timothy W Evanston
11:00 AM
Hearing RE: Final Application For Allowance Of Professional Fees And Costs For The Period From July 11, 2017 Through August 23, 2018
(Application filed 9/7/19)
[RE: M. JONES & ASSOCIATES - Attorneys For Debtor] [Fees: $56,335.00; Expenses: $3,773.27]
Docket 227
Tentative for 10/10/10 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance is 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):
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: Final Application For Allowance Of Professional Fees And Costs For The Period From July 23, 2018 Through August 8, 2019
(Application filed 9/8/19)
[RE: M. JONES & ASSOCIATES - Attorneys For Debtor] [Fees: $5,880.00; Expenses: $2,139.00]
Docket 84
Tentative for 10/10/19:
The Court is uncertain that there are enough funds remaining in the estate to pay the requested amounts of the application.
Appearances are required.
Debtor(s):
Tina Hong-Ngoc Trinh Represented By Michael Jones Sara Tidd
11:00 AM
Hearing RE: Application For Payment Of Final Fees And/Or Expenses For The Period From November 5, 2018 Through March 12, 2019
(Application filed 8/19/19)
[RE: HOLTHOUSE CARLIN & VAN TRIGT, LLP - Accountants For Debtor] [Fees: $69,295.00; Expenses: $12.25]
Docket 221
Tentative for 10/10/10 is to APPROVE as requested and modified by the stipulation between Chapter 11 Trustee and Applicant, filed on 09/30/19 [Dk. 249].
Note: This matter appears to be uncontested. Accordingly, no court appearance is 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):
Kendall Frozen Fruits, Inc. Represented By Steven Werth David S Kupetz
Trustee(s):
Howard B Grobstein (TR) Represented By David Wood
Matthew Grimshaw Tinho Mang
11:00 AM
Hearing RE: First Interim Fee Application For Compensation And Reimbursement Of Expenses For The Periods From November 19, 2018 Through And Including February 14, 2019; February 15, 2019 Through And
Including August 21, 2019 (Application filed 9/13/2019)
[RE: SULMEYERKUPETZ, A Professional Corporation - Attorneys For Debtor]
[Fees: $157,314.00; Expenses: $5,065.20]
Docket 229
Tentative for 10/10/10 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance is 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):
Kendall Frozen Fruits, Inc. Represented By Steven Werth David S Kupetz
Trustee(s):
Howard B Grobstein (TR) Represented By David Wood
Matthew Grimshaw Tinho Mang
11:00 AM
11:00 AM
Hearing RE: First Interim Application For Compensation And Reimbursement Of Expenses For The Period From February 14, 2019 Through And Including September 10, 2019
(Application filed 9/16/19)
[RE: GROBSTEIN TEEPLE, LLP - Accountants For Chapter 11 Trustee] [Fees: $106,002.00; Expenses: $344.09]
Docket 232
Tentative for 10/10/10 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance is 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):
Kendall Frozen Fruits, Inc. Represented By Steven Werth David S Kupetz
Trustee(s):
Howard B Grobstein (TR) Represented By David Wood
Matthew Grimshaw Tinho Mang
11:00 AM
Hearing RE: First Interim Fee Application For Compensation And Reimbursement Of Expenses For The Period From November 5, 2018 Through And Including February 13, 2019; And February 14, 2019 Through And Including
August 31, 2019 (Application filed 9/17/19)
[RE: CHANNEL MARKETING RESOURCES - Attorneys For Debtor] [Fees: $144,650.00; Expenses: $0.00]
Docket 233
Tentative for 10/10/10 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance is 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):
Kendall Frozen Fruits, Inc. Represented By Steven Werth David S Kupetz
Trustee(s):
Howard B Grobstein (TR) Represented By David Wood
Matthew Grimshaw Tinho Mang
11:00 AM
Hearing RE: First Interim Application For Allowance Of Fees And Reimbursement Of Costs For The Period From February 8, 2019 Through And Including August 31, 2019
(Application filed 9/19/19)
[RE: MARSHACK HAYS LLP - Attorneys For Chapter 11 Trustee] [Fees: $146,163.50; Expenses: $3,349.37]
Docket 234
Tentative for 10/10/10 is to APPROVE as requested.
Note: This matter appears to be uncontested. Accordingly, no court appearance is 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):
Kendall Frozen Fruits, Inc. Represented By Steven Werth David S Kupetz
Trustee(s):
Howard B Grobstein (TR) Represented By David Wood
Matthew Grimshaw Tinho Mang
11:00 AM
Hearing RE: Creditor Agroindustrial Valle Frio S.A.'s Request For Order Requiring Payment Of Administrative Claim In Connection With Professionals'
Interim Fee Applications (Motion filed 9/24/19)
[Fee: $75,000.00]
Docket 245
Tentative for 10/10/19 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.
Appearances excused.
Debtor(s):
Kendall Frozen Fruits, Inc. Represented By Steven Werth David S Kupetz
Trustee(s):
Howard B Grobstein (TR) Represented By David Wood
Matthew Grimshaw Tinho Mang
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 12/4/18)
(Case Converted on 3/14/19) FR: 5-2-19; 8-15-19
Docket 1
Tentative for 10/10/19:
In light of the Court's tentative to convert this case to a Chapter 7, this matter will no longer remain on calendar.
**************************************************************************************** Tentative for 8/15/19:
The status conference is continued to October 10, 2019 at 11:00 a.m. to coincide with the hearing on the OSC re: conversion or dismissal. The Court notes that no status report for the August 15, 2019 status conference was filed as of the posting of this tentative, which the Court will consider in connection with the OSC.
Appearances are excused.
************************************************************************** Tentative for 5/02/19 is to set the following dates/deadlines:
Deadline for filing a plan and disclosure statement: May 30, 2019.
11:00 AM
Note: the failure to timely file a plan and disclosure statement may result in the conversion or dismissal of the case.
Deadline for filing Objections to Claim: July 15, 2019
Continued status conference: August 15, 2019 at 11:00 a.m. A status report is due 14 days in advance.
Appearances required.
Debtor(s):
Wallace Raymond Steffen Jr Represented By Anerio V Altman
11:00 AM
Hearing RE: Order Directing Debtor To Appear And Show Cause Why This Chapter 11 Case Should Not Be Converted To Chapter 7 Or Dismissed (Set per Order Entered 7-25-19)
Docket 0
Tentative for 10/10/2019:
On July 25, 2019, the Court set an OSC re: conversion or dismissal of this Chapter 11 case on the basis that, given the totality of the circumstances, the Chapter 11 case would not be economically sound and that conversion to Chapter 7 would be prudent, justified, and in the best interest of the creditors and the Debtor. The Court, with the Office of the U.S. Trustee present, further ordered that any response to the OSC should be filed by not later than September 26, 2019. No responses were filed by that designated time.
The Court has further examined the totality of the case, including the creditor body, the income and expenses set out in the initial chapter 7 filing, upon which the US Trustee recommended conversion of this case to one under Chapter 11 in the first place. The Court has further carefully examined the duly filed Monthly Operating Reports of this Chapter 11 Debtor and finds just cause to convert this case to one under Chapter 7.
Within this determination is an in-depth analysis by the Court of the Debtor’s past (the last six Chapter 11 Monthly Operating Reports) and projected forward-looking income and expenses (utilizing the last six Chapter 11 Monthly Operating Reports). The Court finds that the actual income and expenses are more accurate and meaningful than the initial disclosures in Official Form 122A-2.
The Court also observes that during the Chapter 11 case, a claims bar date
11:00 AM
of June 15, 2019 was established, and unsecured claims were filed in the total amount of $478,704.00, of which $464,000.00 belongs to one insider/sister of the Debtor, arising from a claim that is currently being litigated as to non-dischargeablity.
Pursuant to the Court’s review of the totality of the circumstances, the Court finds that no abuse of Chapter 7 (as to Section 707(b)(1)) is present in this case by this Debtor to prohibit conversion, notwithstanding the disclosures previously set out in the Debtor’s initial petition Official Form 122(A-2).
To keep this Debtor in Chapter 11 will require administrative costs that will negate all of the possible recoveries from non-insider unsecured creditors. A Plan of Reorganization to provide any recoveries to the general unsecured creditors will be further complicated since the sister’s $464,000.00 claim will vastly overwhelm the other unsecured creditors, providing them with a relative minuscule dividend share. Even then, based on the actual projected income derived by the Monthly Operating Reports, little if any actual dividends to any unsecured creditor (except priority unsecured) would be available.
This case is to be converted to chapter 7, with the specific finding that there is no abuse present under Section 707(b)(1).
Appearances are required.
Debtor(s):
Wallace Raymond Steffen Jr Represented By Anerio V Altman
1:30 PM
Hrg on City of San Bernardino's Sixteenth Omnibus Objection to Claim Barbara Jenkins, to allow the parties to proceed in state court to determine the City's liability.
EH
(Cont. from 6/11/19)
Docket 2723
Debtor(s):
City of San Bernardino, California Represented By
Paul R. Glassman Fred Neufeld Laura L Buchanan
1:30 PM
Hrg. on Chapter 11 Status Conference (Cont. from 6/11/19)
EH
Docket 1
Debtor(s):
Air Force Village West, Inc. d/b/a Represented By
Samuel R Maizel
1:30 PM
Adv#: 6:18-01088 Frazer v. 395 Lampe, LLC
PRETRIAL 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 12/19/18)
Docket 1
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
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;
10-25-18; 4-18-19
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
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; 8-23-18; 1-31-19; 4-18-19
Docket 1
Debtor(s):
American Spectrum Realty Inc., a Represented By
Robert E Opera Peter W Lianides Andrew B Levin
10:00 AM
Rutan & Tucker, LLP - movant attorney Motion for relief from Stay
Tracey Janine Turner; Shelley Lynn Arends vs DEBTOR (Motion filed 9/23/19)
Re: Arends Trust; Turner, et al v. Ward, et al - Docket Number 37-2018-00043620-PR-TR-CTL
EH
Docket 14
Tentative for 10/22/19:
The Tracey Turner/Shelley Arends proof of claim (Claim Number 5) is unliquidated at this time. Since several other claims exist, including a significant Claim Number 1 filed by Alice Ward in the amount of $121,643.97, sooner or later, Claim Number 5 will have to be liquidated in order for the Chapter 7 Trustee to make distributions. The Bar Date (October 11, 2019) has passed in this case, and the Trustee has noticed a possible
dividend. The Court would like to understand from the Trustee which assets he identifies as generating a possible dividend to the creditors.
The litigation pending in the San Diego Superior Court will solve at least one issue, liquidation of Claim Number 5. However, the Court also speculates that the State Court may create a constructive trust on the real property owned by the Debtor which may have been acquired by the funds which possibly should have been placed in Trust by (now deceased) Joan Arends. The Court is not aware of any lis pendens on the property, and the Trustee should review this and report to the Court.
10:00 AM
Whether or not this is a type of "probate" proceeding for which the probate exception was created, the claim requires liquidation and the State Court is in the best position to address these issues. The Court believes that the Trustee should be completely aware of the state court proceedings, and if necessary, included therein. Although the Court notes that such involvement would be up to the State Court and the parties.
The Court is inclined to GRANT the Motion for Relief from Stay, except that no judgment may be enforced without further order of this Court.
Appearances are required.
Debtor(s):
Michael Anthony Ward Represented By Jenny L Doling
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
Shapiro, Van Ess, Sherman & Marth, LLP - movant attorney Motion for Relief from Stay
U.S. Bank National Association vs. DEBTOR (Motion filed 9/4/19)
Re: 2303 Bennington Drive, Vallejo, CA 94591 EH
Docket 10
Tentative for 10/22/19:
Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(4) with 4001(a)(3) waiver. The request for relief under § 362(d)(2) is denied as the Movant failed to show insufficient equity in the property.
"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 of a scheme to delay, hinder or defraud, involving the transfer of an interest in the property without Movant's consent and the multiple bankruptcy filings affecting the property.
10:00 AM
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. The Court has determined that this matter is appropriate for disposition without a hearing. No hearing will be held.
Movant to lodge an order within seven (7) days.
Debtor(s):
Felipe Garcia Garcia Pro Se
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
McCarthy & Holthus, LLP - movant attorney Motion for Relief from Stay
JPMorgan Chase Bank, National Association vs. DEBTOR (Motion filed 9/30/19)
Re: 10353 Orange St, Alta Loma, CA 91737 EH
Docket 13
Tentative for 10/22/19:
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 the property has equity.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court 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 G. Van Duyne Represented By Keith Q Nguyen
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
McCalla Raymer Leibert Pierce, LLP- movant attorney Motion for Relief from Stay
Nationstar Mortgage LLCvs. DEBTOR (Motion filed 9/5/19)
Re: 1537 Palomar Mountain Place, Hemet, CA 92545 Under 11 U.S.C. § 362 EH
(Tele. appr. Dane Exnowski, rep. creditor, Nationstar Mortgage, LLC)
Docket 10
Tentative for 10/22/19:
Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.
The Movant has submitted a copy of the Loan Modification Agreement modifying the terms of the Note and Deed of Trust, which names Movant as the beneficiary of the security agreement. Further, Movant has submitted sufficient evidence to establish entitlement to relief from stay for cause as Debtor has no equity in the property and Movant is not adequately protected. 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. In re Veal, 450 B.R. 897,914-15 (9th Cir. BAP (Ariz.), 2011); In re Luz Int'l, 219 B.R. 837, 842 (9th Cir. BAP 1998). 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).
Debtor argues that relief should be denied because Movant allegedly violated
10:00 AM
the Servicemembers Civil Relief Act. However, this is not a defense to the properly filed and supported Motion for Relief From Stay. This defense may be raised in an unlawful detainer action in State Court.
Appearances are required.
Debtor(s):
Margarita Kennedy Represented By Brian J Soo-Hoo
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
Bonial & Associates - movant attorney Motion for Relief from Stay
Toyota Lease Trust vs DEBTOR (Motion filed 9/20/19)
RE: 2019 TOYOTA CAMRY VIN 4T1B11HKXKU737585
EH
(Tele. appr. Richard Bauer, rep. movant, Toyota Lease Trust)
Docket 10
Tentative for 10/22/19:
Grant pursuant to 11 U.S.C. § 362(d)(1) and (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 Robert Conradt Represented By Brian J Soo-Hoo
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
11:00 AM
Hrg. on approval of trustee's final report and applications for compensation EH
Docket 64
Tentative for 10/22/19 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):
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 John P Pringle
11:00 AM
11:00 AM
Hrg. on approval of trustee's final report; applications for compensation
EH
Docket 0
Tentative for 10/22/19 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):
Dura Logistics, Inc. Represented By Paul Y Lee
Trustee(s):
Karl T Anderson (TR) Represented By Robert A Hessling
11:00 AM
Hrg. on chapter 7 trustee's First Interim Fee Application for the Period November 30, 2017 to August 31, 2019, Fees: $20,071.09, Expenses: $0.00.
Docket 103
Tentative for 10/22/19 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):
Thomas John Forrest Represented By Michael F Chekian
Trustee(s):
Larry D Simons (TR) Represented By Wesley H Avery
11:00 AM
Hrg. on Interim Fee Application for Compensation and Reimbursement of Expenses Incurred by Attorney for Chapter 7 Trustee for Wesley H Avery, Trustee's Attorney, Period: 9/1/2018 to 9/30/2019, Fee: $86111, Expenses:
$745.65.
EH
Docket 105
Tentative for 10/22/19 is to CONTINUE this matter to November 19, 2019 at 11:00 a.m. in order to allow the UST to review the application.
Appearances are excused.
Debtor(s):
Thomas John Forrest Represented By Michael F Chekian
Trustee(s):
Larry D Simons (TR) Represented By Wesley H Avery
11:00 AM
Hrg. on chapter 7 trustee's final report; applications for compensation EH
Docket 0
Tentative for 10/22/19 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):
Endy Y Cruz Represented By
Francis Guilardi
Trustee(s):
Robert Whitmore (TR) Pro Se
11:00 AM
Hrg. on chapter 7 trustee's Motion filed 9/16/19 to Dismiss Case and Vacate Discharge if Previously Entered
EH
Docket 22
Tentative for 10/22/2019:
The Court is inclined to GRANT Trustee’s motion to dismiss this case under 11. U.S.C. § 305 with a 180-day bar pursuant to 11 U.S.C. § 109(g). However, the Court notes that Trustee’s request to vacate discharge is inapplicable as no discharge has been granted.
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 Dee Harris Pro Se
Joint Debtor(s):
Tanieka Danielle Miles-Harris Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
11:00 AM
Hrg on Attorney for Debtors Motion filed 7/12/19 to Avoid Lien Property Lien with PACCAR Financial Corp
EH
Docket 18
- NONE LISTED -
Debtor(s):
Cesar Augusto Esquivel Represented By George P Hobson Jr
Trustee(s):
Todd A. Frealy (TR) Pro Se
11:00 AM
Hrg on Motion of United States Trustee filed 9/11/19 for an Order Imposing Fines, Awarding Damages and Disgorging Fees Against Bankruptcy Petition Preparer Jaspar Jackson Pursuant to 11 U.S.C. Section 110 and FRBP 2016
EH
Docket 19
Tentative for 10/22/2019:
The Court is inclined to GRANT the motion.
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):
Jennifer Acosta Pro Se
Trustee(s):
Larry D Simons (TR) Pro Se
11:00 AM
Hrg on United States Trustee Motion filed 9/19/19 for an Order Disgoring Fees, Assessing Damages, and Imposing Fines Against Bankruptcy Petition Preparer Curtis L. Wall
EH
Docket 15
- NONE LISTED -
Debtor(s):
Gail Ann Reynolds Pro Se
Trustee(s):
Lynda T. Bui (TR) Pro Se
1:30 PM
Hrg. on Debtor's Objection filed 7/25/19 to Claims of Placo San Bernardino, LLC (Proof of Claim No. 203)
(Cont. from 8/22/19) EH
Docket 2872
Tentative for 10/22/2019:
The Court will CONTINUE this matter to November 5, 2019 @ 1:30 p.m. No supplemental briefings will be accepted.
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's Sixteenth Omnibus Objection to Claim Barbara Jenkins, to allow the parties to proceed in state court to determine the City's liability.
EH
(Cont. from 6/11/19; 10/15/19)
Docket 2723
Tentative for 10/22/19:
The Court has reviewed and reviewed the status report filed October 8, 2019 [Dk. 2894] and is inclined to CONTINUE this matter to April 14, 2020 @ 1:30
p.m. A status report is due 14 days in advance.
Appearances are excused.
*************************************************************************** Revised Tentative for 6/11/19:
The Court has received and reviewed the status report filed May 28, 2019 [Dk. 2842] and the Supplemental Report filed June 7, 2019 [Dk. 2845] and will CONTINUE this matter to October 15, 2019 at 1:30 p.m. A status report is due 14 days in advance. If a final determination has been made in the state court proceeding, Movant should supplement its moving papers with appropriate authority and serve them 14 days prior to the continued hearing. Movant is to provide notice of the foregoing to claimant by no later than June 15, 2019.
Appearances are excused.
********************************************************************
1:30 PM
Tentative for 1/22/19 is to SUSTAIN the objections and DISALLOW the claims in the Sixteenth Omnibus Objection to Claims [Dk. 2723] ("Objection") except as follows:
With respect to the claim of Barbara Jenkins, this matter is CONTINUED to June 11, 2019 at 1:30 p.m. to allow the parties to proceed in state court to determine the City's liability. To the extent it is necessary, the Court GRANTS relief from the automatic stay for the parties to proceed in the non-bankruptcy forum for this purpose. The parties must file a status report fourteen days in advance of the continued hearing.
Appearances are excused.
The 1/22/19 hearing is VACATED; no hearing will be held. 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 Application for Compensation (Renewed First & Final) of Illyssa I. Fogel & Associates, Former General Bankruptcy Counsel to the Debtor. for Illyssa I Fogel, Debtor's Attorney, Period: 8/6/2018 to 11/19/2018, Fee: $105,510.00,
Expenses: $356.00 (Cont. from 9/17/19) EH
Docket 333
Tentative for 10/22/19:
This matter was continued from the 9/17/19 hearing to allow the UST to evaluate Counsel's revised application. Previously, the Court and the UST had identified multiple issues with Counsel's application, including vague and block billing containing clerical tasks and general excesses. The revised application contains the same issues previously identified.
The UST argues correctly that the application still evidences significant lumped time, vague entries, excessive fees, and clerical entries. In dollar terms, lumped entries total $59,400.00 of the total amounts requested in the application. The UST suggests that additional information may be required to determine the extent of duplicate/unnecessary services resulting from overlap after substitution of counsel. The UST requested that the Court deny the fee application, sustain the objections raised, and reduce Counsel's fees (although, it did not specify an amount of fees that the UST believed would be appropriate).
The Court, based on its independent review and the UST Objection filed 10/08/2019 [Dk. 349], is inclined to award fees in the amount of $46,110.00 and $356.00 in expenses. The awarded fees have been calculated by reducing the requested amount in the revised application by the $59,400.00
1:30 PM
identified as lumped entries.
Appearances are required.
Debtor(s):
Lovejoy's Family Moving., Inc., dba Represented By
Bradford G Hughes Peter W Lianides Alastair M Gesmundo Robert E Opera
Winthrop Couchot Golubow Hollander LLP) Lisa Fogel & Associates
1:30 PM
Hrg. on Chapter 11 Status Conference (Cont. from 10/15/19)
EH
(Tele. appr. Sara Chenetz, rep. creditor, Official Committee of Unsecured Creditors)
Docket 1
- NONE LISTED -
Debtor(s):
Air Force Village West, Inc. d/b/a Represented By
Samuel R Maizel
1:30 PM
Hrg. on Application to Employ Lawrence & Associates as Special Counsel (Placed on calendar by order signed on 10/7/19)
Docket 51
Tentative for 10/22/19:
The Court has reviewed Debtor's Application to Employ Lawrence & Associates [Dk. 51] and has set this matter for hearing to request further information regarding the employment. Debtor and proposed counsel should appear and be prepared to address the following questions:
What is the status of the litigation?
How will billing be separated between Kimberly O’Linn and Richard O’Linn from Debtor?
How will counsel represent multiple parties in the litigation and keep all interests separated?
How will counsel avoid conflicts in both litigation and settlement?
Would there be a substantial hardship imposed on Debtor if required to employ different counsel?
What are those hardships?
What are the terms of the retainer agreement?
When was counsel employed pre-petition, under what terms, and how much was she previously paid by Debtor?
Why should counsel be employed as of August 13, 2019?
Appearances are required.
1:30 PM
Debtor(s):
O'Linn Security Incorporated Represented By Steven R Fox
W. Sloan Youkstetter
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 9/4/19) 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
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#: 6:14-01302 Cooper et al v. Singh
STATUS CONFERENCE Re: Complaint by William Cooper, Cheryl Cooper against Pradeep Singh - §§ 523(a)(2), 523(a)(4)
(Cont. from 9/4/19) 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#: 6:18-01201 Turoci v. Mulvania
STATUS CONFERENCE Re: Complaint by Todd Turoci against Christopher John Mulvania - §523(a)(2)(A), (B), §727(c),(d),(e)
(Cont. from 7/03/19) EH
Docket 1
- NONE LISTED -
Debtor(s):
Christopher John Mulvania Represented By
Bryant C MacDonald
Defendant(s):
Christopher John Mulvania Pro Se
Plaintiff(s):
Todd Turoci Represented By
Todd L Turoci
Trustee(s):
Larry D Simons (TR) Pro Se
1:30 PM
Hrg. on Debtor's Motion filed 9/18/19 for order authorizing Debtor-in-Possession to enter into lease of commercial real property for purposes outside the ordinary course of business pursuant to 11 U.S.C. §363(b)
EH
Docket 188
Tentative for 10/23/19:
Appearances are required.
Debtor(s):
Investment Group, LLC Represented By Todd L Turoci
1:30 PM
Hrg. on Debtor's motion filed 11/21/18 for approval of Third Amended 11 Disclosure Statement
EH
Docket 53
Tentative for 10/23/19:
Appearances are required.
**************************************************************************************** Tentative for 8/6/19:
The Court has reviewed and considered all pleadings related to the Second Amended Disclosure Statement, including the Second Amended Disclosure Statement [Dk. 158] ("DS") and Plan [Dk. 156] ("Plan") filed on 6/25/19 [Dk. 158], the Opposition [Dk. 165] ("Opposition") filed by Community Valley Bank ("CVB") on 7/23/19, and the Reply to CVB’s Opposition [Dk. 171] ("Reply") filed on 7/30/19.
The Opposition filed by CVB is well taken. The Plan does not meet the standards for confirmation under 11 U.S.C. § 1129(a)(7). The Plan cannot be crammed down over CVB’s objection because the Plan is not "fair and equitable" to CVB. The Plan is not feasible under 11 U.S.C. § 1129(a)(11).
Appearances required.
1:30 PM
Debtor(s):
Investment Group, LLC Represented By Todd L Turoci
Movant(s):
Investment Group, LLC Represented By Todd L Turoci
1:30 PM
Hrg. on Chapter 11 Status Conference (Cont. from 8/6/19)
EH
Docket 1
Tentative for 10/23/19:
Appearances are required.
Debtor(s):
Investment Group, LLC Represented By Todd L Turoci
1:30 PM
Hrg. on Order to Show Cause Why this case should not be dismissed or converted
EH
Docket 0
Tentative for 10/23/19:
Appearances are required.
Debtor(s):
Investment Group, LLC Represented By Todd L Turoci
1:30 PM
Hrg. on creditor, Community Valley Bank's Motion filed 10/9/19 to Convert Case From Chapter 11 to 7 or, Alternatively, to Dismiss the Case
EH
Docket 193
Tentative for 10/23/19:
Appearances are required.
Debtor(s):
Investment Group, LLC Represented By Todd L Turoci
1:30 PM
Adv#: 6:19-01054 Frealy v. Obrien et al
STATUS CONFERENCE RE: Complaint by Todd A. Frealy against John Obrien, Collene O'Brien, Kathalene M. Miller- §542 turnover of property, Declaratory judgment
(Cont. from 8/14/19) EH
Docket 1
- NONE LISTED -
Debtor(s):
John Obrien Represented By
Christopher J Murtagh
Defendant(s):
John Obrien Pro Se
Collene O'Brien Pro Se
Kathalene M. Miller Pro Se
Joint Debtor(s):
Tracy Obrien Represented By
Christopher J Murtagh
Plaintiff(s):
Todd A. Frealy Represented By
Michelle A Marchisotto
1:30 PM
Trustee(s):
Todd A. Frealy (TR) Represented By Christopher J Murtagh Michelle A Marchisotto
1:30 PM
Adv#: 6:19-01043 Whitmore v. Brito et al
STATUS CONFERENCE re: Complaint by Robert S. Whitmore against Anhely Brito, Edwin Brito - 548 fraudulent transfer
(Cont. from 7/17/19) EH
Docket 1
- NONE LISTED -
Debtor(s):
Esteban Brito Gallegos Represented By Priscilla C Solario
Defendant(s):
Anhely Brito Pro Se
Edwin Brito Pro Se
Plaintiff(s):
Robert S. Whitmore Represented By Julie Philippi
Trustee(s):
Robert Whitmore (TR) Represented By Julie Philippi
1:30 PM
Adv#: 6:19-01110 Redd v. Hilton, Jr.
STATUS CONFERENCE re: Complaint by LaToya S Redd against David Henry Hilton Jr.. - 727, 523(a)(2)
EH
Docket 1
Tentative for 10/23/19:
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: March 30, 2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: May 11, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
Pretrial conference: June 24, 2020 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 monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.
Plaintiff is to lodge a scheduling order within seven (7) days.
Debtor(s):
David Henry Hilton Jr. Represented By Jenny L Doling Summer M Shaw
1:30 PM
Defendant(s):
David Henry Hilton Jr. Represented By Jenny L Doling
Plaintiff(s):
LaToya S Redd Pro Se
Trustee(s):
Arturo Cisneros (TR) Pro Se
1:30 PM
Adv#: 6:19-01113 Segovia v. Portillo
STATUS CONFERENCE re: Complaint by Arturo Segovia against William Duane Portillo. - 727(c),(d),(e), 523 (a)(2)
EH
Docket 1
Tentative for 10/23/19:
The Court notes that both parties have failed to comply with LBR 7016. The Court will excuse the noncompliance in this instance, but the parties are cautioned to follow all applicable rules or risk future sanctions. Further, the Court notes that Defendant's answer was filed in the main case. Defendant is instructed to file it in this adversary proceeding.
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: December 31, 2019. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: February 14, 2020. Note: this is the date by which all non-discovery motions must be heard and resolved.
Pretrial conference: April 1, 2020 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 monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.
Plaintiff is to lodge a scheduling order within seven (7) days.
1:30 PM
Debtor(s):
William Duane Portillo Represented By Speros P Maniates
Defendant(s):
William Duane Portillo Pro Se
Plaintiff(s):
Arturo Segovia Represented By Joseph S Park
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
Adv#: 8:19-01148 Weneta M.A. Kosmala, solely in her capacity as Cha v. Garcia et al
STATUS CONFERENCE Hearing RE: Complaint For:
Authorization To Sell Real Property In Which Co-Owner Holds Interest Pursuant To 11 U.S.C. Section 363(h); And
For Turnover Of Estate Property Pursuant To 11 U.S.C. Section 542 (Complaint filed 7/17/19)
Docket 1
- NONE LISTED -
Debtor(s):
John Richard Garcia Represented By Raymond J Bulaon
Defendant(s):
Angie M Garcia Pro Se
Christina Garcia Pro Se
Angie M. Garcia and Christina Pro Se
Plaintiff(s):
Weneta M.A. Kosmala, solely in her Represented By
Reem J Bello
Trustee(s):
Weneta M Kosmala (TR) Represented By Reem J Bello
10:00 AM
Adv#: 8:19-01050 Marshack v. Yellowstone Capital West, LLC
Hearing RE: Motion to Dismiss (Motion filed 9/6/19)
Docket 28
- NONE LISTED -
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Defendant(s):
Yellowstone Capital West, LLC Represented By Matthew A Lesnick
Plaintiff(s):
Richard A. Marshack 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
Matthew Grimshaw M Douglas Flahaut
10:00 AM
Adv#: 8:19-01004 Law Offices of Michelle J. Sukhov, Inc. v. McKenna
Hearing RE: Motion For Judgment On The Pleadings For Failure To State A Claim Upon Which Relief Can Be Granted
(Motion filed 9/16/19)
Docket 18
- NONE LISTED -
Debtor(s):
Tim M McKenna Represented By Michael G Spector
Defendant(s):
Tim M McKenna Represented By Michael G Spector
Plaintiff(s):
Law Offices of Michelle J. Sukhov, Represented By
Michelle J Nelson Fritz J Firman
Trustee(s):
Jeffrey I Golden (TR) Represented By Ryan W Beall Reem J Bello
10:00 AM
Adv#: 8:19-01004 Law Offices of Michelle J. Sukhov, Inc. v. McKenna
Hearing RE: Motion To Extend The Discovery Cut-Off And Pre-Trial Dates (Motion filed 10/2/19)
Docket 26
- NONE LISTED -
Debtor(s):
Tim M McKenna Represented By Michael G Spector
Defendant(s):
Tim M McKenna Represented By Michael G Spector
Plaintiff(s):
Law Offices of Michelle J. Sukhov, Represented By
Michelle J Nelson Fritz J Firman
Trustee(s):
Jeffrey I Golden (TR) Represented By Ryan W Beall Reem J Bello
10:00 AM
Adv#: 8:19-01067 Van der Laan v. Nguyen
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Nondischargeability Of Debt Pursuant To 11 U.S.C. Section 523(a)(2)(A) (Complaint filed 4/14/19)
(Another Summons issued 7/24/19) FR: 7-3-19
Docket 1
- NONE LISTED -
Debtor(s):
Hung Nguyen Represented By Alex L Benedict
Defendant(s):
Hung (Johnny) Nguyen Pro Se
Plaintiff(s):
Jacob Van der Laan Represented By Treg A. Julander John E Lattin
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
Adv#: 8:19-01151 Murrin v. Phan
STATUS CONFERENCE Hearing RE: Complaint For:
Fraud Dischargeability - 11 U.S.C. Section 523(a)(4);
Fraud Dischargeability - 11 U.S.C. Section 523(a)(12) (Complaint filed 7/22/19)
Docket 1
- NONE LISTED -
Debtor(s):
Tram Anh Phan Represented By Amid Bahadori
Defendant(s):
Tram A Phan Pro Se
Plaintiff(s):
Garth Murrin Pro Se
Trustee(s):
Karen S Naylor (TR) Pro Se
11:00 AM
Hearing RE: Chapter 7 Trustee's Motion For Order Approving The Trustee's Sale And Settlement Agreement With Judgment Creditors Lopez And Arellano Including The Sale Of Pending Appeals Pursuant To Section 363 And Federal Rule Of Bankruptcy Procedure 9019
(Motion filed 9/20/19)
Docket 267
Tentative for 10/23/19:
The Court is inclined to GRANT the motion as it is in the best interest of the estate.
Appearances are excused.
Trustee to lodge an order within seven (7) days.
Debtor(s):
Brooks T Morgan Represented By
Catherine Christiansen
Trustee(s):
Thomas H Casey (TR) Represented By Thomas H Casey Jeffrey I Golden
10:00 AM
Barrett Daffin Frappier Treder & Weiss, LLP - movant attorney Motion for Relief from Stay
The Bank of New York Mellon vs. DEBTOR (Motion filed 12/10/18)
(Cont. from 9/17/19)
Re: 45251 Saint Tisbury Street, Temecula, CA 92592 EH
Docket 29
- NONE LISTED -
Debtor(s):
Cecil Jerry Edens Jr Represented By Joseph A West
Movant(s):
The Bank of New York Mellon, Represented By Darlene C Vigil
Trustee(s):
John P Pringle (TR) Represented By Toan B Chung
10:00 AM
Motion for relief from stay [Personal Property]
Toyota Motor Credit Corporation vs. DEBTOR (Motion filed 9/19/19)
[RE: 2007 Toyota FJ Cruiser - VIN No.: JTEZU11F470001369]
[Tele. appr., Kristen M. Martinez, repr., Toyota Motor Credit Corporation]
Docket 72
Tentative for 10/24/19:
Grant pursuant to 11 U.S.C. § 362(d)(1) and (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):
Javanshir Khazali Represented By Richard G Heston
Trustee(s):
Jeffrey I Golden (TR) Pro Se
10:00 AM
Motion for relief from stay [Personal Property]
Honda Lease Trust vs. DEBTOR; And Jeffrey I. Golden, Chapter 7 Trustee (Motion filed 9/25/19)
[RE: 2019 Acura RDX - VIN No.: 5J8T C2H6 8KL0 24283]
Docket 8
Tentative for 10/24/19:
Grant pursuant to 11 U.S.C. § 362(d)(1) and (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):
Jacari Kamonta Polk Pro Se
Trustee(s):
Jeffrey I Golden (TR) Pro Se
10:00 AM
Motion for relief from stay [Personal Property]
Bank Of The West vs. DEBTORS (Motion filed 9/27/19)
[RE: 2015 Mercedes-Benz C300 - VIN No.: 55SWF4JB6FU063581]
[Tele. appr., Mary E. Tang, repr., Bank Of The West]
Docket 8
Tentative for 10/24/19:
Grant pursuant to 11 U.S.C. § 362(d)(1) and (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):
Anselmo Al Velazquez Sandoval Represented By
Marlin Branstetter
Joint Debtor(s):
Betsy Velazquez Represented By Marlin Branstetter
Trustee(s):
Karen S Naylor (TR) Pro Se
10:00 AM
10:00 AM
Motion for relief from stay [Personal Property]
Daimler Trust vs. DEBTORS (Motion filed 9/20/19)
[RE: 2015 Mercedes-Benz SL63 - VIN: WDDJK7EA2FF036521]
[Tele. appr., John H. Kim, repr., MB]
[Tele. appr., Michael A. Cisneros, repr., Hussein Suheimat and Lucy Sirajian]
Docket 18
Tentative for 10/24/19:
Appearances are required.
Debtor(s):
Hussein Salah Suheimat Represented By Michael A Cisneros
Joint Debtor(s):
Lucy Emmanuel Shirajian Represented By Michael A Cisneros
Trustee(s):
Karen S Naylor (TR) Pro Se
10:00 AM
Motion for relief from stay [Personal Property]
Toyota Motor Credit Corporation vs. DEBTOR (Motion filed 9/26/19)
[RE: 2015 Lexus CT200H]
[Tele. appr., Kristen M. Martinez, repr., Toyota Motor Credit Corporation]
Docket 8
Tentative for 10/24/19:
DENY the Motion, as the Movant has failed to provide evidence establishing its lienholder status.
Note: If Movant agrees with the above tentative, no appearance by Movant is required.
Movant to lodge an order within seven (7) days.
Debtor(s):
Michael Padilla Samson Represented By
Glenn Ward Calsada
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;
10-25-18; 4-18-19; 10-17-19
[Tele. appr., Teddy Kapur, repr., Administrator, Richard Pachulski]
Docket 1
Tentative for 10/24/19:
The parties are requested to appear and should be prepared to address the following questions:
Who are the arbitrating parties in this instance?
Is there anything related to the bankruptcy case that forestalls or otherwise impairs the parties from arbitrating?
Is there anything the court should or must do to permit or facilitate arbitration of these issues?
Appearances are required. Telephonic appearances are permitted and encouraged.
**************************************************************************************** Tentative for 4/18/18:
11:00 AM
The Court has received and reviewed the post-confirmation status report filed 4/4/19 [Dk. 779] and will CONTINUE the status conference to October 17, 2019 at 11:00 a.m. A status report is due 14 days in advance.
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 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; 8-23-18; 1-31-19; 4-18-19; 10-24-19
Docket 1
Tentative for 10/24/19:
The Court has received and reviewed the post-confirmation status report filed 10/9/19 [Dk. 1773] and will CONTINUE the status conference to February 13, 2020 at 11:00 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 post-confirmation status report filed 4/4/19 [Dk. 1765] and will CONTINUE the status conference to October 17, 2019 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
**********************************************************************
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.
11:00 AM
**************************************************************************** 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 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
Adv#: 8:19-01076 Harrison et al v. Capital One Bank (USA), National Association
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Declaratory Relief Regarding The Nature, Extent And Validity Of Lien As To Capital One Bank (USA), National Association Pertaining To The Real Property Located At 7537 E. Twinleaf Trail, Orange, California;
Disallow Claim, If Any, And To Remove Lien, If Any, From The Real Property Located At 7537 E. Twinleaf Trail
(Complaint filed 5/1/19)
(Another Summons issued 7/19/19) FR: 7-18-19
Docket 1
- NONE LISTED -
Debtor(s):
Charles Flowers Harrison Represented By Michael Jones Sara Tidd
Defendant(s):
Capital One Bank (USA), National Pro Se
Joint Debtor(s):
Martha Isabel Montoya Represented By Michael Jones Sara Tidd
11:00 AM
Plaintiff(s):
Charles Flowers Harrison Represented By Michael Jones
Martha Isabel Montoya Represented By Michael Jones
Axis CP I, LLC Represented By Michael Jones
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;
8-23-18; 1-31-19; 4-18-19; 8-15-19
Docket 1
Tentative for 10/24/19:
Appearances are required.
**************************************************************************************** Tentative for 8/15/19:
The Court has received and reviewed the status report filed on August 1, 2019 [Dk. 241], and will continue the status conference to October 24, 2019 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
*************************************************************************** Tentative for 4/18/19:
The Court is inclined to set the following dates/deadlines:
Deadline to file a plan and disclosure statement - June 30, 2019.
A Continued Chapter 11 Status Conference - August 15, 2019 at 11:00
a.m. A status report is due 14 days in advance.
The Trustee (himself or through his counsel) should be prepared to orally
11:00 AM
provide the Court with a current and projected financial overview of Debtor, including a summary of all claims.
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
Hearing RE: Motion For Order Dismissing Case Pursuant To Section 1112(b)
Of The Bankruptcy Code (Motion filed 10/2/19)
[Tele. appr., Simon Aron, repr., Brandywine]
Docket 92
Tentative for 10/24/19:
Appearances are required.
Debtor(s):
The Brandywine Trust Dated August Represented By
Simon Aron Johnny White
11:00 AM
Hearing RE: Motion For Order Approving Compromise Pursuant To Federal Rules Of Bankruptcy Procedure 9019
(Motion filed 10/2/19)
[Tele. appr., Simon Aron, repr., Brandywine]
Docket 91
Tentative for 10/24/19:
Appearances are required.
Debtor(s):
The Brandywine Trust Dated August Represented By
Simon Aron Johnny White
10:00 AM
Robertson, Anschutz & Schneid, PL - movant attorney Motion for Relief from Stay
U.S. Bank National Association vs. DEBTOR (Motion filed 10/4/19)
Re: 15891 La Costa Alta Drive, Moreno Valley, CA 92555 EH
Docket 76
Tentative for 11/05/19:
GRANT pursuant to 11 U.S.C. § 362(d)(1) and (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 Esparza Represented By
Joseph A Weber
Trustee(s):
Howard B Grobstein (TR) Represented By Noreen A Madoyan
10:00 AM
Meghann A Triplett
10:00 AM
Mary Ellmann Tang, Esq. - movant attorney Motion for Relief from Stay
Bank of the West vs. DEBTOR (Motion filed 10/11/19)
Re: 2017 Keystone Cougar M-326 RDS Travel Trailer EH
Docket 15
Tentative for 11/05/19:
GRANT pursuant to 11 U.S.C. § 362(d)(1) and (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):
Mark G. Van Duyne Represented By Keith Q Nguyen
Trustee(s):
Larry D Simons (TR) Pro Se
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 10/3/19)
Re: 2013 Chevrolet Spark, VIN:KL8CD6S95DC567222 EH
Docket 19
Tentative for 11/05/19:
GRANT pursuant to 11 U.S.C. § 362(d)(1) and (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):
Margarita Kennedy Represented By Brian J Soo-Hoo
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. DEBTOR (Motion filed 10/9/19)
RE: 2016 Nissan Rogue VIN KNMAT2MT9GP642360
EH
Docket 10
Tentative for 11/05/19:
GRANT pursuant to 11 U.S.C. § 362(d)(1) and (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):
Rosalinda Negrete Represented By Arlene M Tokarz
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Law Offices of Vincent F. Frounjian, Esq. - movant attorney Motion for Relief from Stay
Mechanics Bank vs. DEBTOR, Todd A. Frealy, chapter 7 trustee (Motion filed 10/11/19)
Re: 2018 FORD F-150, VIN: 1FTE W1EG OJKC 41997
EH
Docket 15
Tentative for 11/05/19:
GRANT pursuant to 11 U.S.C. § 362(d)(1) and (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):
Franklin James Rochelle Represented By Aaron Lloyd
Joint Debtor(s):
Marie-Josee Carrole Rochelle Represented By Aaron Lloyd
10:00 AM
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
Mary Ellmann Tang - movant attorney Motion for Relief from Stay
Bank of the West vs. DEBTORS (Motion filed 10/10/19)
Re: 2017 Forest River Wildwood Travel Trailer EH
Docket 10
Tentative for 11/05/19 is to DENY.
The Court is inclined to DENY the Motion as Movant has failed to properly serve the joint-Debtor pursuant to LBR 4001-1. The Court notes that the petition indicates that the joint-Debtor lives at a different address than the Debtor.
Note: If Movant agrees with the above tentative, no appearance by Movant is required.
Movant to lodge an order within seven (7) days.
Debtor(s):
Keith Daniel Shaw Represented By Brian J Soo-Hoo
Joint Debtor(s):
Keyra Shaw Represented By
10:00 AM
Trustee(s):
Brian J Soo-Hoo
Steven M Speier (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, Karl Anderson, trustee (Motion filed 10/8/19)
Re: 2017 HONDA ACCORD, VIN: 1HGC R2F3 8HA1 55967
EH
Docket 8
Tentative for 11/05/19:
GRANT pursuant to 11 U.S.C. § 362(d)(1) and (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 E. Martinez Represented By Christopher J Langley
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
Paul V. Reza - movant attorney Motion for Relief from Stay
SchoolsFirst Federal Credit Union (Motion filed 10/7/19)
Re: 2010 Land Rover Range Rover, VIN SALMF1E49AA319760 EH
Docket 8
Tentative for 11/05/19:
GRANT pursuant to 11 U.S.C. § 362(d)(1) and (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):
Neal Antonio Johnson Represented By
Nicholas Nicholas Wajda
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Paul V. Reza - movant attorney Motion for Relief from Stay
SchoolsFirst Federal Credit Union vs. DEBTOR (Motion filed 10/9/19)
Re: 2016 Toyota Prius Vin JTDKDTB32G1138794 EH
Docket 8
Tentative for 11/05/19 is to DENY.
Here, the Movant is adequately protected by a substantial equity cushion of 25%. 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).
Note: If Movant agrees with the above tentative, no appearance by Movant is required.
Movant to lodge an order within seven (7) days.
Debtor(s):
Vicente Martinez Represented By Paul Y Lee
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Paul V. Reza - movant attorney Motion for relief from Stay
SchoolsFirst Federal Credit Union vs. DEBTOR (Motion filed 10/10/19)
Re: 2015 Honda Civic SE, Vin 2HGFB6E51FH704032
EH
Docket 10
Tentative for 11/05/19:
GRANT pursuant to 11 U.S.C. § 362(d)(1) and (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):
Vicente Martinez Represented By Paul Y Lee
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Barrett Daffin Frappier Treder & Weiss, LLP - movant attorney Motion for Relief from Stay
The Bank of New York Mellon vs. DEBTOR (Motion filed 12/10/18)
(Cont. from 10/24/19)
Re: 45251 Saint Tisbury Street, Temecula, CA 92592 EH
Docket 29
- NONE LISTED -
Debtor(s):
Cecil Jerry Edens Jr Represented By Joseph A West
Movant(s):
The Bank of New York Mellon, Represented By Darlene C Vigil
Trustee(s):
John P Pringle (TR) Represented By Toan B Chung
11:00 AM
Hrg. on Trustee's Motion to Estimate Unliquidated Claim No. 3 filed by Jaime Ugarte Pursuant to 11 U.S.C. section 502(c)
EH
Docket 83
Tentative for 11/05/19:
The Court is inclined to GRANT the motion to estimate Claim 3-2 at $0 pursuant to § 502(c). Section 502(c) allows the Court to estimate contingent or unliquidated claims if the fixing or liquidation of such claims would unduly delay the administration of the bankruptcy estate. In re Corey, 892 F.2d 829, 834 (9th Cir. 1989). Courts have wide discretion in estimating claims and can use "whatever method is best suited to the circumstances." Golden 1 Credit Union v. J.
Michael Hopper, 2016 WL 6427279 (9th Cir. B.A.P. 2016).
It appears that Claimant has failed to diligently pursue its claim in conformance with Federal Bankruptcy Rules. First, both Claim 3-1 and its amendment, Claim 3-2, were filed outside of the claims bar date.
Additionally, Claimant failed to properly seek a relief from stay, despite having nearly two years to do so. Further, the Claimant has failed to meet the prerequisite requirements of filing class claims. Specifically, the Claimant has failed to move the Court to consider applying FRBP 7023 to this proceeding. "In prerequisite for allowance of a class proof of claim is that the proponent must seek and obtain a determination of the Bankruptcy Court that Rule 7023 of the Federal Rules of Bankruptcy Procedure be made applicable to the claims process. Until that is done, a class proof of claim is not proper." In re Aughney, No.
10-12666, 2011 WL 479010, at *1 (Bankr. N.D. Cal. 2011).
Additionally, the Claimant has failed to comply with FRBP 2019. Failure to comply with Rule 2019 is also cause for denial of the proof of
11:00 AM
claim. Reid v. White Motor Corp., 886 F.2d 1462, 1471 (6th Cir. 1989). Appearances are required.
Debtor(s):
Professional Flooring Installation Represented By
Todd L Turoci
Trustee(s):
Todd A. Frealy (TR) Represented By Leonard M Shulman Brandon J Iskander Lynda T Bui
11:00 AM
Hrg. on trustee's final report; applications for compensation EH
Docket 0
Tentative for 11/05/19 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):
Jose Olegario Torres Represented By Lionel E Giron
Joint Debtor(s):
Yaely Guadalupe Torres Represented By Lionel E Giron
Trustee(s):
Larry D Simons (TR) Pro Se
11:00 AM
Hrg. on trustee's final report; applications for compensation EH
Docket 34
Tentative for 11/05/19 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):
Ali Hosseinzadeh Represented By
W. Derek May
Joint Debtor(s):
Jilla Navah Represented By
W. Derek May
Trustee(s):
Karl T Anderson (TR) Represented By Leonard M Shulman Brandon J Iskander
11:00 AM
Hrg. on trustee's final report and applications for compensation EH
Docket 0
Tentative for 11/05/19 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):
Bryan Spencer Robertson Represented By Daniel King
Joint Debtor(s):
Jennie Melissa Robertson Represented By Daniel King
Trustee(s):
Arturo Cisneros (TR) Pro Se
11:00 AM
Hrg. on United States Trustee's Motion filed 9/30/19 to Dismiss Bankruptcy Case Pursuant to 11 U.S.C. Sections 105, 521, and 707a, Or In the Alternative, Granting An Extension of Time Under 11 U.S.C. Sections 707(b) and 727
EH
Docket 25
Tentative for 11/05/19 is to GRANT the motion to dismiss bankruptcy case pursuant to § 707(a), as the Movant has established "cause" warranting such dismissal.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Benjamin Armando Mireles Pro Se
Trustee(s):
Karl T Anderson (TR) Pro Se
11:00 AM
Hrg. on U.S. Trustee's Motion filed 10/15/19 for extension of time to file a complaint objecting to discharge and deadline to dismiss bankruptcy case
EH
Docket 14
The Court’s tentative for 11/05/19 is to GRANT the Motion 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):
William Horace Eisenhower Represented By Alon Darvish
Trustee(s):
Lynda T. Bui (TR) Pro Se
1:30 PM
Hrg. on Debtor's Motion filed 10/1/19 for Entry of an Order Dismissing the Debtor's Chapter 11 Case and Granting Related Relief
EH
Docket 471
Tentative for 11/05/19 is to GRANT. Appearances are required.
Debtor(s):
Air Force Village West Inc Represented By Samuel R Maizel Tania M Moyron
1:30 PM
Hrg. on Chapter 11 Status Conference (Cont. from 10/22/19)
EH
Docket 1
Tentative for 11/05/19: Appearances are required.
Debtor(s):
Air Force Village West, Inc. d/b/a Represented By
Samuel R Maizel
1:30 PM
Hrg. on Chapter 11 Status Conference EH
(Cont. from 9/3/19)
Docket 0
- NONE LISTED -
Debtor(s):
Banner Mattress, Inc. Represented By Daniel J Weintraub Nina Z Javan
1:30 PM
Hrg. on Chapter 11 Trustee's Emergency Motion for Order Converting Case to Chapter 7
EH
Docket 189
Tentative for 11/05/19:
The Court is inclined to GRANT the Motion. The Court notes that this matter was set on shortened notice and any opposition to the Motion may be presented at the hearing.
Appearances are required.
Debtor(s):
Banner Mattress, Inc. Represented By Daniel J Weintraub Nina Z Javan James R Selth
Crystle Jane Lindsey
Trustee(s):
Lynda T. Bui (TR) Represented By James C Bastian Jr
1:30 PM
Hrg. on Motion of Chapter 11 Trustee to Reject Certain Unexpired Real Property Leases Pursuant to Rejection Notice Procedures
EH
Docket 193
Tentative for 11/05/19:
The Court is inclined to GRANT the Motion pursuant to §365(a). The Court notes that this matter was set on shortened notice and any opposition to the Motion may be presented at the hearing.
Appearances are required.
Debtor(s):
Banner Mattress, Inc. Represented By Daniel J Weintraub Nina Z Javan James R Selth
Crystle Jane Lindsey
Trustee(s):
Lynda T. Bui (TR) Represented By James C Bastian Jr
1:30 PM
Hrg. on Debtor's Motion filed 7/12/19 to Avoid Lien Property Lien with PACCAR Financial Corp
(Cont. from 10/22/19) EH
Docket 18
- NONE LISTED -
Debtor(s):
Cesar Augusto Esquivel Represented By George P Hobson Jr
Trustee(s):
Todd A. Frealy (TR) Pro Se
1:30 PM
Hrg. on Debtor's Objection filed 7/25/19 to Claims of Placo San Bernardino, LLC (Proof of Claim No. 203)
(Cont. from 10/22/19) EH
Docket 2872
Tentative for 11/05/19:
Appearances are required in person in Santa Ana Courtroom 5C.
Debtor(s):
City of San Bernardino, California Represented By
Paul R. Glassman Fred Neufeld Laura L Buchanan
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 9/20/19 Between Debtors and Nissan Motor Acceptance Corporation, in the amount of $8073.83
Re: 2013 Nissan Titan
Docket 16
- NONE LISTED -
Debtor(s):
David Miller Represented By
Alon Darvish
Joint Debtor(s):
Evonna Miller Represented By Alon Darvish
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 9/30/19 Between Debtor and LBS Financial Credit Union, in the amount of $5992.28
Re: 2011 Honda Pilot
Docket 21
- NONE LISTED -
Debtor(s):
Hector Zapien Cano Represented By
Earl Robertson III
Joint Debtor(s):
Elizabeth Cano Represented By
Earl Robertson III
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
Hrg on Approval of Reaffirmation Agreement Between Debtor and SchoolsFirst Federal Credit Union in the amount of $14,943.48
Re: 2015 GMC 1500
Docket 9
- NONE LISTED -
Debtor(s):
Delfino Orihuela Gonzalez Represented By Marlin Branstetter
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement Between Debtor and State Farm Bank, FSB, in the amount of $6171.90
Re: 2008 Subaru Impreza
Docket 9
- NONE LISTED -
Debtor(s):
Joshua Thomas Arras May Represented By Barry E Borowitz
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
Hrg on Approval of Reaffirmation Agreement Between Debtor and Navy Federal Credit Union in the amount of $1,115.20
Re: 2013 Kia Rio
Docket 10
- NONE LISTED -
Debtor(s):
Bradley Orion McCauley Represented By Daniel King
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 10/1/19 Between Debtor and Kia Motors Finance, in the amount of $3,765.27
Re: 2016 Kia Soul
Docket 14
- NONE LISTED -
Debtor(s):
Matthew R. Hawthorne Represented By
James D. Hornbuckle
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 10/8/19 Between Debtors and Kia Motors Finance, in the amount of $25,380.38
Re: 2017 Kia Sedona
Docket 12
- NONE LISTED -
Debtor(s):
Jesus Murillo Represented By
Marlin Branstetter
Joint Debtor(s):
Cecilia Antonia Murillo Represented By Marlin Branstetter
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
Hrg. on approval Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation, in the amount of $2953.32
Re: 2014 Toyota Corolla
Docket 10
- NONE LISTED -
Debtor(s):
Maria Candelaria Rojas Pro Se
Trustee(s):
Howard B Grobstein (TR) Pro Se
1:30 PM
Adv#: 6:19-01044 Simons (TR) v. County Of San Bernardino et al
PRE-TRIAL CONFERENCE re: Complaint by Larry D Simons (TR) against County Of San Bernardino, City of Hesperia - Declaratory judgment, validity, priority or extent of lien or other interest in property
EH
Docket 1
Tentative for 11/06/19:
As of the posting of this tentative, no proposed pretrial stipulation has been filed as required by LBR 7016-1(b). The Court is inclined to sanction both parties $500.00 for the failure to comply with this rule.
Appearances are required.
****************************************************************************** Tentative for 5/15/19:
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: August 30, 2019. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: October 16, 2019. Note: this is the date by which all non- discovery motions must be heard and resolved.
Pretrial conference: November 6, 2019 at 1:30 p.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 monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.
Plaintiff is to lodge a scheduling order within seven (7) days.
Debtor(s):
Halo Sports Bar and Grill, Inc. Represented By Stephen R Wade
W. Derek May
Defendant(s):
County Of San Bernardino Pro Se
City of Hesperia Pro Se
Plaintiff(s):
Larry D Simons (TR) Pro Se
Trustee(s):
Larry D Simons (TR) Represented By Alan I Nahmias Scott H Noskin
Stephen F Biegenzahn
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 8/7/19) 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
10:00 AM
Adv#: 8:19-01048 Marshack v. Queen Funding LLC
CONT'D STATUS CONFERENCE Hearing RE: First Amended Complaint For:
Avoidance Of Preferential Transfers Pursuant To 11 U.S.C. Section 547;
Avoidance Of Fraudulent Transfers Pursuant To 11 U.S.C. Section 548(a) (1)(B);
Avoidance And Recovery Of Fraudulent Transfers Pursuant To 11 U.S.C. Section 544 And California Civil Code Sections 3439.04(a)(2) And 3439.05;
Recovery Of Property Pursuant To 11 U.S.C. Section 550;
Preservation Of Avoided Transfers Pursuant To 11 U.S.C. Section 551;
Disallowance Of Claims Pursuant To 11 U.S.C. Section 502(d);
Turnover Of Property Of The Estates Pursuant To 11 U.S.C. Section 542;
Fraud;
Equitable Subordination Of Claims Pursuant To 11 U.S.C. Section 510(c);
And
Declaratory Relief; And
Usury
(Complaint filed 3/20/19)
(Another Summons issued 6/27/19) (First Amended Complaint filed 9/13/19)
FR: 6/26/19; 9-18-19
Docket 1
- NONE LISTED -
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
10:00 AM
Defendant(s):
Queen Funding LLC Pro Se
Plaintiff(s):
Richard A. Marshack Represented By Jeffrey I Golden
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen
Matthew Grimshaw
10:00 AM
Adv#: 8:19-01051 Marshack v. Yes Funding Services LLC
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Avoidance Of Preferential Transfers Pursuant To 11 U.S.C. Section 547;
Recovery Of Property Pursuant To 11 U.S.C. Section 550;
Preservation Of Avoided Transfers Pursuant To 11 U.S.C. Section 551;
Disallowance Of Claims Pursuant To 11 U.S.C. Section 502(d);
Turnover Of Property Of The Estates Pursuant To 11 U.S.C. Section 542;
Predatory Lending Pursuant To California Business And Professions Code Section 17200;
Equitable Subordination Of Claims Pursuant To 11 U.S.C. Section 510(c);
And
Declaratory Relief (Complaint filed 3/20/19)
FR: 6-26-19; 8-7-19; 9-18-19
Docket 1
- NONE LISTED -
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Defendant(s):
Yes Funding Services LLC Pro Se
Plaintiff(s):
Richard A. Marshack Represented By
10:00 AM
Trustee(s):
Jeffrey I Golden
Richard A Marshack (TR) Represented By
D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen
Matthew Grimshaw
10:00 AM
Adv#: 8:18-01212 Saab et al v. Conkey
CONT'D Hearing RE: Motion To Dismiss Second Amended Complaint To Determine Dischargeability Of Debt
(Motion filed 4/2/19) FR: 5-15-19
Docket 23
- NONE LISTED -
Debtor(s):
James L Conkey Represented By Laleh Ensafi
Defendant(s):
James L Conkey Represented By Charity J Manee
Plaintiff(s):
Camil Saab Represented By
Douglas Jaffe
Helou Saab, Inc. Represented By Douglas Jaffe
Trustee(s):
Jeffrey I Golden (TR) Pro Se
10:00 AM
Adv#: 8:18-01212 Saab et al v. Conkey
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt
(Complaint filed 12/3/18)
FR: 2-27-19; 5-1-19; 5-15-19
Docket 1
- NONE LISTED -
Debtor(s):
James L Conkey Represented By Laleh Ensafi
Defendant(s):
James L Conkey Pro Se
Plaintiff(s):
Camil Saab Represented By
Douglas Jaffe
Helou Saab, Inc. Represented By Douglas Jaffe
Trustee(s):
Jeffrey I Golden (TR) Pro Se
10:00 AM
Adv#: 8:19-01165 Kassir v. Essayli
STATUS CONFERENCE Hearing RE: Complaint For Injunctive Relief Pursuant To 11 U.S.C. Sections 105(a), 362(a), And 542(a)
(Complaint filed 8/7/19)
Docket 1
- NONE LISTED -
Debtor(s):
Hassan Abbas Kassir Pro Se
Defendant(s):
Hassan Essayli Pro Se
Plaintiff(s):
Hassan Kassir Pro Se
Trustee(s):
Richard A Marshack (TR) Represented By Donald W Sieveke
11:00 AM
Adv#: 8:19-01050 Marshack v. Yellowstone Capital West, LLC
CONT'D STATUS CONFERENCE Hearing RE: First Amended Complaint For:
Avoidance Of Preferential Transfers Pursuant To 11 U.S.C. Section 547;
Avoidance Of Post-Petition Transfers Pursuant To 11 U.S.C. Section 549(a);
Avoidance Of Fraudulent Transfers Pursuant To 11 U.S.C. Section 548(a) (1)(B)
Avoidance And Recovery Of Fraudulent Transfers Pursuant To 11 U.S.C. Section 544 And California Civil Code Sections 3439.04(a)(2) And 3439.05;
Recovery Of Property Pursuant To 11 U.S.C. Section 550;
Preservation Of Avoided Transfers Pursuant To 11 U.S.C. Section 551;
Disallowance Of Claims Pursuant To 11 U.S.C. Section 502(d);
Turnover Of Property Of The Estates Pursuant To 11 U.S.C. Section 542;
Fraud;
Equitable Subordination Of Claims Pursuant To 11 U.S.C. Section 510(c);
Declaratory Relief; And
Usury
(Complaint filed 3/20/19)
(First Amended Complaint filed 8/16/19) FR: 6-26-19; 8-7-19; 9-18-19
Docket 1
Tentative for 11/06/19:
The Court is inclined to CONTINUE this status conference to March 4, 2020 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are required.
11:00 AM
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Defendant(s):
Yellowstone Capital West, LLC Pro Se
Plaintiff(s):
Richard A. Marshack Represented By Jeffrey I Golden
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen
Matthew Grimshaw
11:00 AM
Adv#: 8:19-01050 Marshack v. Yellowstone Capital West, LLC
CONT'D Hearing RE: Motion to Dismiss (Motion filed 9/6/19)
FR: 10-23-19
Docket 28
Tentative for 11/06/19:
Appearances are required in person in Santa Ana Courtroom 5C.
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Defendant(s):
Yellowstone Capital West, LLC Represented By Matthew A Lesnick
Plaintiff(s):
Richard A. Marshack 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
Jeffrey I Golden Beth Gaschen Matthew Grimshaw M Douglas Flahaut
11:00 AM
Adv#: 8:18-01176 Marshack, Ch 7 Trustee v. Castanon
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For:
Breach Of Fiduciary Duty
Conversion
Negligence
Waste of Corporate Assets (Complaint filed 9/14/18)
(PTC set at S/C held 12/19/18)
FR: 12-5-18 AT 10:00 a.m.; 12-5-18; 12-19-18; 7-17-19; 9-18-19
Docket 1
Tentative for 11/06/19:
The Court notes that both parties have failed to comply with LBR 7016. The Court will excuse the noncompliance in this instance, but the parties are cautioned to follow all applicable rules or risk future sanctions.
The Court is inclined to continue this status conference to January 8, 2020 at 11:00 a.m. A status report is due 14 days prior to the hearing.
Appearances are excused.
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#: 8:19-01048 Marshack v. Queen Funding LLC
CONT'D STATUS CONFERENCE Hearing RE: First Amended Complaint For:
Avoidance Of Preferential Transfers Pursuant To 11 U.S.C. Section 547;
Avoidance Of Fraudulent Transfers Pursuant To 11 U.S.C. Section 548(a) (1)(B);
Avoidance And Recovery Of Fraudulent Transfers Pursuant To 11 U.S.C. Section 544 And California Civil Code Sections 3439.04(a)(2) And 3439.05;
Recovery Of Property Pursuant To 11 U.S.C. Section 550;
Preservation Of Avoided Transfers Pursuant To 11 U.S.C. Section 551;
Disallowance Of Claims Pursuant To 11 U.S.C. Section 502(d);
Turnover Of Property Of The Estates Pursuant To 11 U.S.C. Section 542;
Fraud;
Equitable Subordination Of Claims Pursuant To 11 U.S.C. Section 510(c);
And
Declaratory Relief; And
Usury
(Complaint filed 3/20/19)
(Another Summons issued 6/27/19) (First Amended Complaint filed 9/13/19)
FR: 6/26/19; 9-18-19; 11-6-19 at 10:00 a.m.
Docket 1
Tentative for 11/06/19:
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: March 06, 2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: April 17, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
11:00 AM
Pretrial conference: May 27, 2020 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 monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.
Plaintiff is to lodge a scheduling order within seven (7) days.
********************************************************************************** Tentative for 6/26/19:
This matter is CONTINUED to September 18, 2019 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Defendant(s):
Queen Funding LLC Pro Se
Plaintiff(s):
Richard A. Marshack Represented By Jeffrey I Golden
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden
11:00 AM
Beth Gaschen Matthew Grimshaw
11:00 AM
Adv#: 8:19-01051 Marshack v. Yes Funding Services LLC
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Avoidance Of Preferential Transfers Pursuant To 11 U.S.C. Section 547;
Recovery Of Property Pursuant To 11 U.S.C. Section 550;
Preservation Of Avoided Transfers Pursuant To 11 U.S.C. Section 551;
Disallowance Of Claims Pursuant To 11 U.S.C. Section 502(d);
Turnover Of Property Of The Estates Pursuant To 11 U.S.C. Section 542;
Predatory Lending Pursuant To California Business And Professions Code Section 17200;
Equitable Subordination Of Claims Pursuant To 11 U.S.C. Section 510(c);
And
Declaratory Relief (Complaint filed 3/20/19)
FR: 6-26-19; 8-7-19; 9-18-19; 11-6-19 at 10:00 a.m.
Docket 1
- NONE LISTED -
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Defendant(s):
Yes Funding Services LLC Pro Se
Plaintiff(s):
Richard A. Marshack Represented By
11:00 AM
Trustee(s):
Jeffrey I Golden
Richard A Marshack (TR) Represented By
D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen
Matthew Grimshaw
11:00 AM
Hearing RE: Chapter 7 Trustee's Motion For Order Extending The Time For The Chapter 7 Trustee To File A Complaint Pursuant To 11 U.S.C. Section 727 (Motion filed 10/10/19)
Docket 276
The Court's tentative for 11/06/19 is to GRANT the motion 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):
Brooks T Morgan Represented By
Catherine Christiansen
Trustee(s):
Thomas H Casey (TR) Represented By Thomas H Casey Jeffrey I Golden
11:00 AM
Adv#: 8:19-01071 Lee v. Nguyen
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Nondischargeability Of Debt Pursuant To 11 U.S.C. Section 523(a)(2)(A) And Objection To Entry Of Discharge Of Debtor's Debt Pursuant To 11 U.S.C. Section 727(a)(4)(A)
(Complaint filed 4/18/19) FR: 7-17-19
Docket 1
- NONE LISTED -
Debtor(s):
Hung Nguyen Represented By Alex L Benedict
Defendant(s):
Hung Nguyen Pro Se
Plaintiff(s):
Benjamin Lee Represented By Jason K Boss
Trustee(s):
Richard A Marshack (TR) Pro Se
11:00 AM
CONT'D Hearing RE: Motion For Order Extending The Deadline To Object To The Debtor's Discharge Pursuant To 11 U.S.C. Sections 523 And 727 And Federal Rule Of Bankruptcy Procedure 4004
(Motion filed 8/12/19)
(Set per Order Entered 9/4/19) FR: 10-2-19
Docket 30
The Court’s tentative for 11/06/19 is to DENY the Motion, as the Movant did not show adequate cause to warrant an extension.
Appearances are required.
Debtor(s):
Hassan Abbas Kassir Pro Se
Trustee(s):
Richard A Marshack (TR) Represented By Donald W Sieveke
11:00 AM
CONT'D Motion for relief from stay [Action In Non-Bankruptcy Forum]
Hassan Essayli vs. DEBTOR (Motion filed 9/17/19)
[RE: Case Name: Essayli v. Kassir et al.] [Case Number: 30-2016-00889773-CU-OR-CJC]
[Pending In: Orange County Superior Court]
FR: 10-10-19
Docket 44
The Court's tentative for 11/06/19 is to DENY this motion.
The Debtor's request for injunctive relief is denied, as such relief may not be issued outside of an adversary proceeding.
Appearances are required.
Debtor(s):
Hassan Abbas Kassir Pro Se
Trustee(s):
Richard A Marshack (TR) Represented By Donald W Sieveke
11:00 AM
CONT'D Motion for relief from stay [Action In Non-Bankruptcy Forum]
Hassan Essayli vs. DEBTOR (Motion filed 9/5/19)
[RE: Case Name: Essayli v. Kassir, et al.] [Docket Number: 30-2019-09044149-CU-BT-CJC]
[Pending In: Orange County Superior Court]
FR: 10-10-19
Docket 41
The Court's tentative for 11/06/19 is to DENY this motion.
The Debtor's request for injunctive relief is denied, as such relief may not be issued outside of an adversary proceeding.
Appearances are required.
Debtor(s):
Hassan Abbas Kassir Pro Se
Trustee(s):
Richard A Marshack (TR) Represented By Donald W Sieveke
11:00 AM
Adv#: 8:19-01165 Kassir v. Essayli
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Injunctive Relief Pursuant To 11 U.S.C. Sections 105(a), 362(a), And 542(a)
(Complaint filed 8/7/19) FR: 11-6-19 at 10:00 a.m.
Docket 1
Tentative for 11/06/19:
Appearances are required.
Debtor(s):
Hassan Abbas Kassir Pro Se
Defendant(s):
Hassan Essayli Pro Se
Plaintiff(s):
Hassan Kassir Pro Se
Trustee(s):
Richard A Marshack (TR) Represented By Donald W Sieveke
11:00 AM
CONT'D Hearing RE: Motion For Order Extending The Deadline To Object To The Debtor's Discharge Pursuant To 11 U.S.C. Sections 523 And 727 And Federal Rule Of Bankruptcy Procedure 4004
(Motion filed 8/12/19)
(Set per Order Entered 9/4/19) FR: 10-2-19
Docket 30
The Court’s tentative for 11/06/19 is to DENY the Motion, as the Movant did not show adequate cause to warrant an extension.
Appearances are required.
Debtor(s):
Sukeinah Hassan Kassir Pro Se
Trustee(s):
Richard A Marshack (TR) Represented By Donald W Sieveke
11:00 AM
CONT'D Motion for relief from stay [Action In Non-Bankruptcy Forum]
Hassan Essayli vs. DEBTOR (Motion filed 9/17/19)
[RE: Case Name: Essayli v. Kassir et al.] [Case Number: 30-2016-00889773-CU-OR-CJC]
[Pending In: Orange County Superior Court]
FR: 10-10-19
Docket 41
The Court's tentative for 11/06/19 is to DENY this motion. Appearances are required.
Debtor(s):
Sukeinah Hassan Kassir Pro Se
Trustee(s):
Richard A Marshack (TR) Represented By Donald W Sieveke
2:00 PM
Hearing Re: Emergency Ex Parte Order To Show Cause Why Patient Ombudsman Should Not Be Immediately Appointed Pursuant To 11 U.S.C. Section 333(A)
Docket 0
Tentative for 11/07/19:
Appearances are required.
Debtor(s):
Delta Hospice of California Inc Represented By
David A Akintimoye
10:00 AM
Motion for relief from stay [Real Property]
Wilmington Savings Fund Society, FSB, D/B/A Christiana Trust, Not Individually But As Trustee For Pretium Mortgage Acquisition Trust vs. DEBTORS
(Motion filed 10/15/19)
[RE: 364 Princeton Drive, Costa Mesa, California 92626]
Docket 28
NONE LISTED -
Debtor(s):
Mark Kevin Echan Represented By Stephen L Burton
Joint Debtor(s):
Ilysse Sorelle Kracow Represented By Stephen L Burton
Trustee(s):
Karen S Naylor (TR) Pro Se
10:00 AM
Motion for relief from stay [Real Property]
Bank Of The West vs. DEBTORS (Motion filed 10/17/19)
[RE: 6368 Mount Ripley Drive, Cypress, CA 90630]
Docket 18
Tentative for 11/07/19 is to DENY the motion.
The request for relief under § 11 U.S.C. § 362(d)(2) is denied as the Movant failed to show insufficient equity cushion.
Here, the Movant is adequately protected by a substantial equity cushion of 34%. 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).
Note: If Movant agrees with the above tentative, no appearance by Movant is required.
Movant to lodge an order within seven (7) days.
Debtor(s):
Eui Suk Ko Represented By
Young K Chang
Joint Debtor(s):
Sun Suk Kim Represented By
Young K Chang
10:00 AM
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
Motion for relief from stay [Personal Property]
American Honda Finance Corporation vs. DEBTOR; And Richard A Marshack,
Chapter 7 Trustee (Motion filed 10/17/19)
[RE: 2018 Honda Civic - VIN: No.: SHHF K7H2 XJU4 01737]
Docket 8
Tentative for 11/07/19:
GRANT pursuant to 11 U.S.C. § 362(d)(1) and (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 Jay McGregor Represented By Roland H Kedikian
Trustee(s):
Richard A Marshack (TR) Pro Se
11:00 AM
Adv#: 8:19-01093 TD REO Fund, LLC et al v. Singal et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Breach Of Guaranty Contracts;
Breach Of Lease Agreement;
Breach Of Security Instrument (Complaint filed 5/17/19)
FR: 8-8-19
Docket 1
Tentative for 11/07/19:
The Court notes that parties have failed to comply with LBR 7016. The Court will excuse the noncompliance in this instance, but the parties are cautioned to follow all applicable rules or risk future sanctions.
The Court is inclined to continue this status conference to January 23, 2020 at 11:00 a.m. A status report is due 14 days prior to the hearing.
Appearances are excused.
************************************************************************************** Tentative for 8/08/19:
This matter is CONTINUED to November 7, 2019 at 11:00 a.m. A status report (whether joint or unilateral) is due 14 days in advance.
Appearances are excused.
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
Defendant(s):
Suneet Singal Pro Se
First Capital Real Estate Pro Se
Stephen Howell Pro Se
Central Valley Gas Stations Atwater Pro Se
Plaintiff(s):
TD REO Fund, LLC Represented By Michael W Davis
TD Opportunity Fund, LLC Represented By Michael W Davis
11:00 AM
Adv#: 8:19-01086 Equity Indexed Managed Fund, LLC v. Goldschmied et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Breach Of Contract (Promissory Note)
(Complaint filed 5/15/19) FR: 8-8-19
Docket 1
Tentative for 11/07/19:
The Court notes that parties have failed to comply with LBR 7016. The Court will excuse the noncompliance in this instance, but the parties are cautioned to follow all applicable rules or risk future sanctions.
The Court is inclined to continue this status conference to January 23, 2020 at 11:00 a.m. A status report is due 14 days prior to the hearing.
Appearances are excused.
************************************************************************************* Tentative for 8/08/19:
This matter is CONTINUED to November 7, 2019 at 11:00 a.m. A status report (whether joint or unilateral) is due 14 days in advance.
Appearances are excused.
Debtor(s):
Equity Indexed Managed Fund LLC Represented By
Lei Lei Wang Ekvall
11:00 AM
Robert S Marticello Kyra E Andrassy
Defendant(s):
Steven (Steve) Goldschmied Pro Se
Newport Investments, LLC Pro Se
Newport Investments, LLC Pro Se
Plaintiff(s):
Equity Indexed Managed Fund, LLC Represented By
Michael W Davis
11:00 AM
Adv#: 8:19-01088 TD REO Fund LLC v. Sage et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Avoid And Recover Fraudulent Transfers
[11 U.S.C. Sections 544, 548(a)(1)(A) And (B), 550(a)(1) And (2) And California Civil Code Section 3439, et seq.]
(Complaint filed 5/15/19) FR: 8-8-19
Docket 1
- NONE LISTED -
Debtor(s):
TD REO Fund LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Kyra E Andrassy
Defendant(s):
Loisanne Sage Pro Se
Loisanne Sage as the trustee of the Pro Se
Plaintiff(s):
TD REO Fund LLC Represented By Michael W Davis
11:00 AM
CONT'D Hearing RE: Confirmation Of First Amended Chapter 11 Plan Dated July 26, 2019
(Plan filed 5/20/19) (D.S. filed 5/20/19) (D.S. approved 7/18/19)
(First Amended Plan filed 7/26/19) FR: 7-18-19; 9-19-19
Docket 76
- NONE LISTED -
Debtor(s):
Progressive Solutions, Inc. Represented By Lewis R Landau
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 11/21/18)
FR: 1-10-19; 6-13-19; 7-18-19; 9-19-19
Docket 1
- NONE LISTED -
Debtor(s):
Progressive Solutions, Inc. Represented By Lewis R Landau
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 4/15/19)
FR: 6/13/19; 6-27-19; 8-8-19; 9-4-19; 10-2-19
Docket 1
- NONE LISTED -
Debtor(s):
The Brandywine Trust Dated August Represented By
Simon Aron
11:00 AM
CONT'D Hearing RE: Motion For Dismissal, Or In The Alternative, Conversion To Chapter 7
(Motion filed 5/31/19)
FR: 6-27-19; 8-8-19; 9-4-19; 10-2-19
Docket 46
- NONE LISTED -
Debtor(s):
The Brandywine Trust Dated August Represented By
Simon Aron
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 5/16/19) FR: 7-18-19
Docket 0
Tentative for 11/07/19 is to CONTINUE this status conference to March 12, 2020 at 11:00 a.m.
Appearances are required.
Debtor(s):
Invensure Insurance Brokers, Inc. Represented By
Carol Chow
11:00 AM
Hearing RE: Debtor's Motion To Extend Plan Exclusivity (Motion filed 10/17/19)
Docket 100
Tentative for 11/07/19:
11 U.S.C. § 1121(e)(3)(A) provides that an exclusivity period for a small business debtor may be extended only if the debtor, after providing notice to parties in interest (including the United States trustee), demonstrates by a preponderance of the evidence that it is more likely than not that the court will confirm a plan within a reasonable period of time. Debtor's counsel should be prepared to draw the Court's attention to the evidence provided which meets that standard.
Appearances are required.
Debtor(s):
Invensure Insurance Brokers, Inc. Represented By
Carol Chow
11:00 AM
Hrg. on chapter 7 Trustee's Motion filed 11/7/19 For Order: (1) Authorizing Comprehensive Sale Process Relating To Going Out Of Business Sale Under 11 U.S.C. § 721; (2) Approving Traditional Auction Sale Of Substantially All Of The Debtors Assets Free And Clear Of Liens Pursuant To Bankruptcy Code §§ 363(B) And 363(F); (3) Approving Going Out Of Business Sale Employee Bonus Plan; And (4) Granting Related Relief Including Use Of Sale Proceeds To Pay Actual Costs Incurred
Docket 215
Tentative for 11/13/19:
Appearances are required.
Debtor(s):
Banner Mattress, Inc. Represented By Daniel J Weintraub Nina Z Javan James R Selth
Crystle Jane Lindsey
Trustee(s):
Lynda T. Bui (TR) Represented By James C Bastian Jr
Rafael R Garcia-Salgado
10:00 AM
Sissac Legal Group P.C. - movant attorney Motion for Relief from Stay
Wollemi Acquisitions, LLC vs. DEBTOR (Motion filed 10/24/19)
Re: 2016 TOYOTA RAV4 SE Sport Utility 4D EH
Docket 93
Tentative for 11/19/19:
Grant pursuant to 11 U.S.C. §§ 362(d)(1) and (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):
Cecil Jerry Edens Jr Represented By Joseph A West
Trustee(s):
John P Pringle (TR) Represented By Toan B Chung
10:00 AM
Reid & Hellyer, APC - movant attorney Motion for Relief from Stay
Brent Alden Borders and Jalena Dawn Borders vs. DEBTORS (Motion filed 10/24/19)
Re: Litigation in Arizona, CV2017-010376
Docket 15
Tentative for 11/19/19:
Grant pursuant to 11 U.S.C. § 362(d)(1) with 4001(a)(3) waiver. The Movants have established that adequate cause for relief from stay exists, in accordance with the twelve non-exclusive factors set forth in In re Plumberex Specialty Products, Inc., 311 B.R. 551, 559 (Bank. C.D. Cal. 2004).
Appearances are required.
Debtor(s):
Bernard Gomez Represented By Gary B Elmer
Joint Debtor(s):
Mandy Gomez Represented By Gary B Elmer
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Pagter and Perry Isaacson - movant attorney Motion for Relief from Stay
Greg J. Nolan vs. DEBTOR (Motion filed 9/5/19)
(Cont. from 10/1/19)
Re: ACTION IN NON-BANKRUPTCY FORUM
EH
(Tele. appr. R. Gibson Pagter, Jr., rep. movant, Greg J. Nolan)
Docket 8
Tentative for 11/19/19:
None listed.
************************************************************************************* Tentative for 10/01/19 is to CONTINUE the Motion to November 19, 2019, at 10:00 a.m.
In his declaration, Movant states he intends to file a nondischargeability proceeding. As of the date of the posting of this tentative, no such action has been filed.
In addition, after review of the Movant's papers, the Court remains unclear
10:00 AM
whether cause exists to grant such relief in accordance with the Curtis factors
established in In re Plumberex Specialty Products, Inc. 311 B.R. 551 (2004).
Accordingly, the Court is inclined to CONTINUE this matter until November 19, 2019, at 10:00 a.m. after the deadline for objecting to discharge has passed. Further, by no later than November 5, 2019, Movant should provide supplemental briefing to demonstrate that cause exists to grant the requested relief.
Note: If Movant agrees with the above tentative, no appearance by Movant is required.
Debtor(s):
Steve William Nolan Represented By Nathan Fransen
Movant(s):
Greg J. Nolan Represented By
R Gibson Pagter Jr.
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, Lynda T. Bui, trustee (Motion filed 10/9/19)
Re: 2017 Jeep Renegade, VIN: ZACCJAAB6HPE51164
EH
(Tele. appr. Jennifer H. Wang, rep. creditor, Santander Consumer USA Inc)
Docket 8
Tentative for 11/19/19:
Grant pursuant to 11 U.S.C. §§ 362(d)(1) and (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):
Robert Shahriar Risken Nazari Represented By Robert W Ripley
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
10:00 AM
Tiffany & Bosco - movant attorney Motion for Relief from Stay
Bank of America vs. DEBTOR (Motion filed 10/18/19)
Re: 2017 NISSAN ALTIMA; VIN NO. 1N4AL3APXHC484980
EH
Docket 8
Tentative for 11/19/19:
Grant pursuant to 11 U.S.C. §§ 362(d)(1) and (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):
Erwin Figueroa Represented By Aaron Lloyd
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
10:00 AM
Tiffany & Bosco - movant attorney Motion for Relief from Stay
Quicken Loans Inc. vs. DEBTOR (Motion filed 10/16/19)
Re: 11526 Laguna St, Adelanto, California 92301 EH
(Tele. appr. Robert P. Zahradka, rep. movant, Quicken Loans Inc)
Docket 12
Tentative for 11/19/19:
Grant pursuant to 11 U.S.C. §§ 362(d)(1) and (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):
Bonnie Lou Martin Represented By Kerrie C Justice
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
10:00 AM
Mary Ellmann Tang - movant attorney Motion for Relief from Stay
Bank of the West vs. DEBTORS (Motion filed 10/10/19)
(Cont. from 11/5/19)
Re: 2017 Forest River Wildwood Travel Trailer EH
(Tele. appr. Mary E. Tang, rep. creditor, Bank of the West)
Docket 10
Tentative for 11/19/19:
Grant pursuant to 11 U.S.C. §§ 362(d)(1) and (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 11/05/19 is to DENY the Motion as Movant has failed to properly serve the joint-Debtor pursuant to LBR 4001-1. The Court notes that the petition indicates that the joint-Debtor lives at a different address than the
10:00 AM
Debtor.
Note: If Movant agrees with the above tentative, no appearance by Movant is required.
Movant to lodge an order within seven (7) days.
Debtor(s):
Keith Daniel Shaw Represented By Brian J Soo-Hoo
Joint Debtor(s):
Keyra Shaw Represented By
Brian J Soo-Hoo
Trustee(s):
Steven M Speier (TR) Pro Se
11:00 AM
Hrg. on Interim Fee Application for Compensation and Reimbursement of Expenses Incurred by Attorney for Chapter 7 Trustee for Wesley H Avery, Trustee's Attorney, Period: 9/1/2018 to 9/30/2019, Fee: $86111, Expenses:
$745.65.
EH
(Cont. from 10/22/19)
Docket 105
- NONE LISTED -
Debtor(s):
Thomas John Forrest Represented By Michael F Chekian
Trustee(s):
Larry D Simons (TR) Represented By Wesley H Avery
11:00 AM
Hrg. on trustee's final report; applications for compensation EH
Docket 0
Tentative for 11/19/19 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):
Jesus Michael Rodriguez Pro Se
Trustee(s):
Karl T Anderson (TR) Represented By Robert P Goe
Goe & Forsythe LLP
11:00 AM
Hrg. on chapter 7 trustee's Motion to Sell Property of the Estate Free and Clear of Liens under Section 363(f) Chapter 7 Trustee's Motion for Order (1) Authorizing Sale of Real Property (3443 W. Sunland Avenue, Unit 2, Phoenix, Arizona 85041) Free and Clear of Liens, Claims, and Interests; (2) Confirming Sale to Buyer; (3) Determining That Buyer is a Good Faith Purchaser; (4) Authorizing Withholding and Remittance of Estimated State Income Taxes Arising From Sale; (5) Waiving the Fourteen (14) Day Stay Prescribed by Rule 6004(h) of the Federal Rules of Bankruptcy Procedure; and (6) Approving Bidding Procedures in Connection With Proposed Sale
Docket 31
Tentative for 11/19/2019 is to GRANT the motion, as the Trustee has met his burden under 11 U.S.C. § 363.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Geoffrey Acosta Nagum Represented By James P Doan
Trustee(s):
Larry D Simons (TR) Represented By Daniel A Lev
1:30 PM
Hrg. on Debtor's Fifth 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
Docket 2900
Tentative for 11/19/19 is to 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):
City of San Bernardino, California Represented By
Paul R. Glassman Fred Neufeld Laura L Buchanan
1:30 PM
Hrg. on Motion of City of San Bernardino for a Fifth Order Extending the Deadline to File Motions to Make Additions to the Schedule of Contracts and Leases to be Assumed
Docket 2902
Tentative for 11/19/19:
The Court notes that no declaration has been filed in support of the motion. If the Movant files a supporting declaration before 12:00 p.m. on 11/18/19, the Court is inclined to grant the motion and excuse appearances.
Debtor(s):
City of San Bernardino, California Represented By
Paul R. Glassman Fred Neufeld Laura L Buchanan
1:30 PM
Hrg. on Post Confirmation Status Conference EH
(Tele. appr. Kimberly Winick, rep. creditor, Columbia Bank)
Docket 0
Tentative for 11/19/19:
The Court has received and reviewed Debtor's post confirmation status report filed 10/31/19 [Dk. 210]. Due to the projected date of final decree as November 2019, the Court will CONTINUE this matter to January 9, 2020 at 11:00 a.m. A status report is due 14 days in advance.
Appearances for the 11/19/19 hearing are excused.
************************************************************************* Tentative for 7/16/19:
Appearances required.
*************************************************************************** Tentative for 4/16/19 is to GRANT.
Appearances required.
***************************************************************************
1:30 PM
Tentative for 3/5/19 is to CONTINUE the hearing on the disclosure statement to April 16, 2019, at 1:30 p.m. to allow Debtor to file an amended plan and disclosure statement that addresses and resolves the issues raised in the objections filed by Creditor Columbia Bank on February 15, 2019 [Dk. 127] and by the UST on February 19, 2019 [Dk. 128].
An amended disclosure statement and plan must be filed by March 26, 2019. Oppositions to the amended disclosure statement are due April 2, 2019.
Replies to any opposition are due April 9, 2019.
Appearances for the 3/5/19 hearing are excused.
Debtor(s):
Big Bear Bowling Barn, Inc. Represented By Julie J Villalobos
1:30 PM
Hrg. on Chapter 11 Status Conference EH
(Cont. from 6/11/19)
(Tele. appr. Jarrett S. Osborne-Revis, rep. creditor, Fox Capital)
Docket 1
Tentative for 11/19/19:
This matter is CONTINUED to March 3, 2020 at 1:30 p.m. A status report is due 14 days in advance.
Appearances for the 11/19/19 hearing are excused.
**************************************************************************** Tentative for 6/11/19:
None listed.
**************************************************************************** Tentative for 4/16/19:
This matter is CONTINUED to June 11, 2019 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
1:30 PM
**************************************************************************** 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
Bradford G Hughes Peter W Lianides Alastair M Gesmundo Robert E Opera
1:30 PM
Hrg. on Chapter 11 Status Conference EH
(Cont. from 6/25/19)
Docket 0
- NONE LISTED -
Debtor(s):
SIF Services, LLC Represented By Steven R Fox
1:30 PM
Callahan, Thompson Sherman & Caudill, LLP - movant attorney Motion for Relief from Stay
Emil Pacelli, Richard Fox, James Cuamani and John Eric Samuel vs. DEBTOR (Motion filed 10/15/19)
Re: ACTION IN NON-BANKRUPTCY FORUM
EH
Docket 79
Tentative for 11/19/19:
The Court is inclined to GRANT this motion, as the balance of the Curtis factors establish sufficient cause for relief. In re Plumberex Specialty Products, Inc. 311 B.R. 551, 557 (2004).
As to the comfort order sought by Movants, the Court will not grant such an order.
Appearances are required.
Debtor(s):
O'Linn Security Incorporated Represented By Steven R Fox
W. Sloan Youkstetter
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), § 523(a)(4), §523(a)(6))
(Cont. from 9/4/19) 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
1:30 PM
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#: 6:19-01018 Simons v. Bosher
PRE-TRIAL CONFERENCE re: Complaint by Larry D. Simons against Leslie Ann Bosher (1) Avoidance and Recovery of Fraudulent Transfer (2) Turnover of Property; and (3) Sale of Interest of Co-owner in Property of the Estate
EH
Docket 1
- NONE LISTED -
Debtor(s):
Donald Meredith Dible Represented By Stephen H Darrow
Defendant(s):
Leslie Ann Bosher Pro Se
Plaintiff(s):
Larry D. Simons Represented By Anthony A Friedman
Trustee(s):
Larry D Simons (TR) Pro Se
1:30 PM
Adv#: 6:19-01041 Barnes et al v. Araiza, Jr.
PRE-TRIAL CONFERENCE re: Complaint by Jeffrey Barnes, and Shirley Barnes against, Hector M Araiza Jr. - 523(a)(2), 523(a)(4), 523(a)(6)
EH
(Cont. from 5/15/19)
Docket 1
Tentative for 11/20/19:
The Court notes that Plaintiff has failed to adhere to the requirements of LBR 7016-1. The Court is inclined to set an Order to Show Cause why this adversary proceeding should not be dismissed in light of the Plaintiff's failure to comply with applicable rules.
Appearances are required.
************************************************************************** Tentative for 5/15/19:
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: July 31, 2019. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: September 15, 2019. Note: this is the date by which all non-discovery motions must be heard and resolved.
Pretrial conference: November 20, 2019, 1:30 p.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 monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.
Plaintiff is to lodge a scheduling order within seven (7) days.
Debtor(s):
Hector M Araiza Jr. Represented By
W. Derek May
Defendant(s):
Hector M Araiza Jr. Pro Se
Plaintiff(s):
Jeffrey Barnes Represented By Christopher D Hughes
Jeffrey Barnes Represented By Christopher D Hughes
Trustee(s):
Karl T Anderson (TR) Pro Se
1:30 PM
Adv#: 6:19-01091 Commonwealth Land Title Insurance Company v. Ortiz et al
STATUS CONFERENCE Re: Complaint by Commonwealth Land Title Insurance Company against Jason Ortiz, Brianna Ortiz - §§ 523(a)(2), (a)(6)
EH
(Cont. from 9/4/19)
Docket 1
- NONE LISTED -
Debtor(s):
Jason Ortiz Represented By
Natalie A Alvarado
Defendant(s):
Jason Ortiz Pro Se
Brianna Ortiz Pro Se
Joint Debtor(s):
Brianna Ortiz Represented By Natalie A Alvarado
Plaintiff(s):
Commonwealth Land Title Insurance Represented By
Karen A Ragland
Trustee(s):
Steven M Speier (TR) Pro Se
1:30 PM
Adv#: 6:19-01119 B. SPRAGG ENTERPRISES LLC v. Blas-Sanchez
STATUS CONFERENCE re: Complaint by B. Spragg Enterprises LLC against Jorge Alberto Blas-Sanchez - §§ 523(a)(2), 523(a)(4)
EH
Docket 1
Tentative for 11/20/19:
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: February 20, 2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: March 19, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
Pretrial conference: April 15, 2020 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 monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.
Note: If all parties agree with the foregoing tentative schedule, appearances are waived and Plaintiff shall lodge/serve a scheduling order within seven (7) days consistent with same.
Debtor(s):
Jorge Alberto Blas-Sanchez Represented By Todd L Turoci
1:30 PM
Defendant(s):
Jorge Alberto Blas-Sanchez Represented By
Richard L. Sturdevant
Joint Debtor(s):
Alicia Espinoza Represented By Todd L Turoci
Plaintiff(s):
B. SPRAGG ENTERPRISES LLC Represented By
Kathy McCormick
Trustee(s):
Karl T Anderson (TR) Pro Se
1:30 PM
Hrg. on Debtor's Motion filed 9/18/19 for order authorizing Debtor-in-Possession to enter into lease of commercial real property for purposes outside the ordinary course of business pursuant to 11 U.S.C. §363(b)
EH
(Cont. from 10/23/19)
Docket 188
Tentative for 11/20/19:
Appearances are required.
Debtor(s):
Investment Group, LLC Represented By Todd L Turoci
1:30 PM
Hrg. on Chapter 11 Status Conference (Cont. from 10/23/19)
EH
Docket 1
Tentative for 11/20/19:
Appearances are required.
Debtor(s):
Investment Group, LLC Represented By Todd L Turoci
1:30 PM
Hrg. on Order to Show Cause Why this case should not be dismissed or converted
EH
(Cont. from 10/23/19)
Docket 0
Tentative for 11/20/19:
Appearances are required.
Debtor(s):
Investment Group, LLC Represented By Todd L Turoci
9:30 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And Alaska USA Federal Credit Union
(Motion filed 10/1/19)
[TA CASE]
[RE: 2017 Porsche Cayman - Amount: $46,070.81] [VIN No.: WP0AA2A88HS270143]
Docket 76
- NONE LISTED -
Debtor(s):
Guy S. Griffithe Represented By Bert Briones
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 10/15/19)
[CB CASE]
[RE: 2016 Ford Focus Hatchback 5D Electric - Amount: $$15,106.54] [VIN No.: 1FADP3R40GL362347]
CB Case
Docket 11
- NONE LISTED -
Debtor(s):
Otilia De Santiago Represented By
Steven A. Alexander
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:30 AM
Hearing RE: Reaffirmation Agreement Between Debtor And Bank Of The West [Presumption of undue hardship box checked]
(Motion filed 10/1/19)
[ES CASE]
[RE: 2016 Ford Fusion - Amount: $15,603.87] [VIN No.: 3FA6P0H7XGR194771]
Docket 19
- NONE LISTED -
Debtor(s):
Bryan K Wolfe Represented By Parisa Fishback
Trustee(s):
Karen S Naylor (TR) Pro Se
9:30 AM
CONT'D Hearing RE: Pro se Reaffirmation Agreement Between Debtor And Southland Credit Union
(Motion filed 8/29/19)
[TA CASE]
[RE: 2016 Honda Pilot - Amount: $26,026.93] [VIN No.: 5FNYF5H10GB040876]
FR: 10-16-19
Docket 10
- NONE LISTED -
Debtor(s):
Bambry Barlahan Pro Se
Trustee(s):
Thomas H Casey (TR) Pro Se
9:30 AM
Hearing RE: Reaffirmation Agreement Between Debtor And American Honda Finance Corporation
(Motion filed 9/30/19)
[CB CASE]
[RE: 2018 Honda Accord - Amount: $10,114.80] [VIN No.: 1HGCV1F16JA196284]
Docket 12
- NONE LISTED -
Debtor(s):
Juan V Amezcua Arroyo Pro Se
Trustee(s):
Karen S Naylor (TR) Pro Se
9:30 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And Americredit Financial Services, Inc. dba GM Financial
(Motion filed 9/30/19)
(CB CASE]
[RE: 2016 Chevrolet Malibu - Amount: $15,249.62] [VIN No.: 1G1ZA5ST9GF265895]
Docket 13
- NONE LISTED -
Debtor(s):
Axel Antonio Perez Pelico Represented By Marlin Branstetter
Joint Debtor(s):
Veronica Adame Represented By Marlin Branstetter
Trustee(s):
Weneta M Kosmala (TR) Pro Se
9:30 AM
Hearing RE: Reaffirmation Agreement Between Debtor And Ally Bank (Motion filed 10/24/19)
[CB CASE]
[RE: 2017 Chevrolet Camaro - $27,323.65] [VIN No.: 1G1FB1RS5H0171328]
Docket 16
- NONE LISTED -
Debtor(s):
Axel Antonio Perez Pelico Represented By Marlin Branstetter
Joint Debtor(s):
Veronica Adame Represented By Marlin Branstetter
Trustee(s):
Weneta M Kosmala (TR) Pro Se
9:30 AM
CONT'D Hearing RE: Reaffirmation Agreement Between Debtor And Americredit Financial Services, Inc. Dba GM Financial
(Motion filed 9/19/19)
[ES CASE]
[RE: 2018 Chevrolet Malibu - Amount: $22,041.33] [VIN No.: 1G1ZB5ST6JF289432]
Docket 11
- NONE LISTED -
Debtor(s):
Kathy Reyne Koppie Represented By Brian J Soo-Hoo
Trustee(s):
Weneta M Kosmala (TR) Pro Se
9:30 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And Orange County Credit Union
(Motion filed 10/7/19)
[RE: 2015 Chrysler 200 - Amount: $7,153.63] [VIN No.: 1C3CCCAB5FN581680]
Docket 15
- NONE LISTED -
Debtor(s):
Branden Louis Hill Pro Se
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 10/10/19)
[ES CASE]
[RE: 2019 Toyota Corolla - Amount: $16,732.00] [VIN No.: 2T1BURHEXKC143080]
Docket 13
- NONE LISTED -
Debtor(s):
Ricardo Alcantara Bernal Pro Se
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:30 AM
Hearing RE: Reaffirmation Agreement Between Debtor And Toyota Motor Credit Corporation
(Motion filed 10/15/19)
[CB CASE]
[RE: 2018 Toyota Camry - Amount: $28,947.60] [VIN No.: 4T1B11HK6JU520906]
Docket 9
- NONE LISTED -
Debtor(s):
Ronit Bustillos Represented By Sean S Vahdat
Trustee(s):
Richard A Marshack (TR) Pro Se
9:30 AM
Hearing RE: Reaffirmation Agreement Between Debtor And Toyota Motor Credit Corporation
(Motion filed 10/15/19)
[CB CASE]
[RE: 2015 Toyota Camry - Amount: $16,101.03 [VIN No.: 5YFBURHE4HP670282]
Docket 10
- NONE LISTED -
Debtor(s):
Zenaida C Hernandez Represented By Sean S Vahdat
Trustee(s):
Karen S Naylor (TR) Pro Se
9:30 AM
Hearing RE: Reaffirmation Agreement Between Debtor And Toyota Motor Credit Corporation
(Motion filed 10/15/19)
[CB CASE]
[RE: 2017 Toyota Corolla - Amount: $23,398.58] [VIN No.: 5YFBURHE4HP670282]
Docket 11
- NONE LISTED -
Debtor(s):
Zenaida C Hernandez Represented By Sean S Vahdat
Trustee(s):
Karen S Naylor (TR) Pro Se
9:30 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And USAA Federal Savings Bank
(Motion filed 10/21/19)
[ES CASE]
[RE: 2017 Audi A4 - Amount: $19,018.27]
Docket 13
- NONE LISTED -
Debtor(s):
Janee Cheree Lynch Pro Se
Trustee(s):
Karen S Naylor (TR) Pro Se
9:30 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And Eagle Community Credit Union
(Motion filed 10/2/19)
[RE: 2007 Cadillac Escalade -V8 - Amount: $12,855.60] [VIN No.: 1GYFK66817R387484]
Docket 14
- NONE LISTED -
Debtor(s):
Anthony Kim Durbin Pro Se
Trustee(s):
Thomas H Casey (TR) Pro Se
9:30 AM
Hearing RE: Reaffirmation Agreement Between Debtor And San Diego County Credit Union
(Motion filed 10/15/19)
[TA CASE]
[RE: 2016 Toyota Tundra - Amount: $15,536.30]
Docket 13
- NONE LISTED -
Debtor(s):
Steve Jin Woo Ahn Represented By Gregory E Nassar
Joint Debtor(s):
Sam Kyung Hi Ahn Represented By Gregory E Nassar
Trustee(s):
Weneta M Kosmala (TR) Pro Se
9:30 AM
Hearing RE: Reaffirmation Agreement Between Debtor And Fifth Third Bank (Motion filed 10/15/19)
[TA CASE]
[RE: 2015 Honda Civic - Amount: $9,771.26] [VIN No.: 19XFB2F50FE056149]
Docket 17
- NONE LISTED -
Debtor(s):
Lauren Ashley Riddle Pro Se
Joint Debtor(s):
Nathan Lee Riddle Pro Se
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:30 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And Mechanics Bank
(Motion filed 10/25/19)
[CB CASE]
[RE: 2013 Honda Civic - $7,533.44] [VIN No.: 19XFB2F57DE245152]
Docket 9
- NONE LISTED -
Debtor(s):
Jordan M. Wright Represented By Daniel King
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:30 AM
Hearing RE: Reaffirmation Agreement Between Debtor And BMW Bank Of North America
(Motion filed 10/24/19)
[ES CASE]
[RE: 2018 BMW R 1200 RT - Amount: $22,582.34] [VIN No.: WB10A1308JZ471208]
Docket 12
- NONE LISTED -
Debtor(s):
Megan Michelle Herzing Represented By Kevin J Kunde
Joint Debtor(s):
Adam Alfred Herzing Represented By Kevin J Kunde
Trustee(s):
Karen S Naylor (TR) Pro Se
11:00 AM
Adv#: 8:19-01176 Golden v. Caufield
STATUS CONFERENCE Hearing RE: Complaint for Judgment:
Avoiding Fraudulent Transfer Pursuant To 11 U.S.C. Section 548(a)(1)(A);
Avoiding Fraudulent Transfer Pursuant To 11 U.S.C. Section 548(a)(1)(B);
Recovery Of Transfer Pursuant To 11 U.S.C. Section 550; And
Preserving Transfer Pursuant To 11 U.S.C. Section 551 (Complaint filed 8/29/19)
Docket 1
- NONE LISTED -
Debtor(s):
Tim M McKenna Represented By Michael G Spector
Defendant(s):
Jason Caufield Pro Se
Plaintiff(s):
Jeffrey I. Golden Represented By Reem J Bello
Trustee(s):
Jeffrey I Golden (TR) Represented By Ryan W Beall Reem J Bello
11:00 AM
CONT'D Hearing RE: Objection To The Claims: (Objection filed 3/4/19)
Claim No. 7 Joanna Lopez $1,076,304.85 FR: 4-18-19; 8-14-19
Docket 97
- NONE LISTED -
Debtor(s):
Brooks T Morgan Represented By
Catherine Christiansen
11:00 AM
CONT'D Hearing RE: Objection To The Claims: (Objection filed 3/4/19)
Claim No. 6 Maria Arellano $1,076,304.85 FR: 4-18-19; 8-14-19
Docket 95
- NONE LISTED -
Debtor(s):
Brooks T Morgan Represented By
Catherine Christiansen
11:00 AM
Adv#: 8:19-01173 Casey v. Arroyo Investment Properties, LLC
Hearing RE: Motion By Chapter 7 Trustee To Dismiss Or Strike Defendant's Counterclaim
(Motion filed 10/14/19)
Docket 9
Tentative for 11/20/19:
Appearances are required.
Debtor(s):
Brooks T Morgan Represented By
Catherine Christiansen
Defendant(s):
Arroyo Investment Properties, LLC Represented By
Donald W Sieveke
Plaintiff(s):
Thomas H. Casey Represented By Thomas H Casey
Trustee(s):
Thomas H Casey (TR) Represented By Thomas H Casey Jeffrey I Golden
11:00 AM
Adv#: 8:19-01173 Casey v. Arroyo Investment Properties, LLC
STATUS CONFERENCE Hearing RE: Chapter 7 Trustee's Complaint Against Arroyo Investment Properties, LLC For:
Avoidance Of Actual Intent Fraudulent Transfer Under 11 U.S.C. Section 548(a)(1)(A);
Avoidance Of Constructive Fraudulent Transfer Under 11 U.S.C. Section 548(a)(1)(B);
Recovery Of Transfer Per 11 U.S.C. Section 550;
Declaratory Relief; And
Turnover Of Property Of The Estate Pursuant To 11 U.S.C. Section 542 (Complaint filed 8/26/19)
(Counterclaim filed 9/27/19)
Docket 1
Tentative for 11/20/19:
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: May 1, 2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: June 5, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
Pretrial conference: July 15, 2020 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 monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.
Plaintiff is to lodge a scheduling order within seven (7) days.
11:00 AM
Debtor(s):
Brooks T Morgan Represented By
Catherine Christiansen
Defendant(s):
Arroyo Investment Properties, LLC Pro Se
Plaintiff(s):
Thomas H. Casey Represented By Thomas H Casey
Trustee(s):
Thomas H Casey (TR) Represented By Thomas H Casey Jeffrey I Golden
11:00 AM
Adv#: 8:19-01174 Casey v. Morgan
STATUS CONFERENCE Hearing RE: Chapter 7 Trustee's Complaint Against Elizabeth Morgan For:
Avoidance Of Actual Intent Fraudulent Transfer Under 11 U.S.C. Section 548(a)(1)(A);
Avoidance Of Constructive Fraudulent Transfer Under 11 U.S.C. Section 548(a)(1)(B);
Recovery Of Transfer Per 11 U.S.C. Section 550;
Declaratory Relief;
Turnover Of Property Of The Estate Pursuant To 11 U.S.C. Section 542;
And
Attorney Fees (Complaint filed 8/26/19)
Docket 1
Tentative for 11/20/19:
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: March 6, 2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: April 3, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
Pretrial conference: May 13, 2020 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 monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.
11:00 AM
Plaintiff is to lodge a scheduling order within seven (7) days.
Debtor(s):
Brooks T Morgan Represented By
Catherine Christiansen
Defendant(s):
Elizabeth Morgan Pro Se
Plaintiff(s):
Thomas H. Casey Represented By Thomas H Casey
Trustee(s):
Thomas H Casey (TR) Represented By Thomas H Casey Jeffrey I Golden
11:00 AM
Adv#: 8:19-01080 Marshack v. Kassir
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Deny Debtor's Discharge Per 11 U.S.C. Section 727
(Complaint filed 5/6/19)
(Another summons issued 6/17/19) FR: 8-7-19; 9-4-19; 10-2-19
Docket 1
Tentative for 11/20/19:
The Court notes that parties have failed to comply with LBR 7016. The Court will excuse the noncompliance in this instance, but the parties are cautioned to follow all applicable rules or risk future sanctions.
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: February 27, 2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: April 2, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
Pretrial conference: May 13, 2020 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 monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.
Plaintiff is to lodge a scheduling order within seven (7) days.
11:00 AM
Debtor(s):
Hassan Abbas Kassir Pro Se
Defendant(s):
Hassan Abbas Kassir Pro Se
Plaintiff(s):
Richard A Marshack Represented By Donald W Sieveke
Trustee(s):
Richard A Marshack (TR) Pro Se
11:00 AM
Adv#: 8:19-01080 Marshack v. Kassir
CONT'D Hearing RE: Motion To Dismiss Complaint To Deny Debtor's Discharge Per 11 U.S.C. Section 727 For Failure To State A Claim, Or In The Alternative For A More Definite Statement
(Motion filed 7/17/19) FR: 9-4-19; 10-2-19
Docket 6
Tentative for 11/20/19 is to DENY the motion to dismiss. Debtor has failed to appropriately serve the motion in accordance with all applicable rules, including LBR 2002-1. Further, the Debtor has not shown that the complaint fails to state a claim or lacks definition, as required by FRCP 12(b) and (e).
To survive a Rule 12(b)(6) motion to dismiss, a plaintiff must allege "enough facts to state a claim to relief that is plausible on its face." Bell Atlantic Corp.
v. Twombly, 550 U.S. 544, 570 (2007). When pleading fraud, the plaintiff must state "with particularity the circumstances constituting fraud or mistake." Fed. R. Civ. P. 9(b). The Debtor’s motion has not shown that the facts alleged in Plaintiff’s complaint are implausible or lack particularity.
Debtor’s motion attempts to provide a counterargument for each allegation presented in Plaintiff’s complaint. As such, the complaint is not so "vague or ambiguous that the party cannot reasonably prepare a response." Fed. R. Civ. P. 12(e).
Appearances are required.
Debtor(s):
Hassan Abbas Kassir Pro Se
11:00 AM
Defendant(s):
Hassan Abbas Kassir Pro Se
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#: 8:19-01080 Marshack v. Kassir
CONT'D Hearing RE: Motion To Compel Trustee To Recover Debtor's Estate, Payoff All Creditors, And Investigate Creditor Hassan Essayli's Proof Of Disputed Claims
(Motion filed 8/16/19) FR: 10-2-19
Docket 10
Tentative for 11/20/19 is to DENY the motion. The Court notes that the motion was not served in accordance with LBR 2002-1. Further, the Debtor has not shown that the Trustee failed to perform his duties to the required standard of care.
In performing his duties, a trustee has a duty to exercise care and diligence that an ordinarily prudent person under similar circumstances would exercise. In re Cochise Coll. Park, Inc., 703 F.2d 1339, 1357 (9th Cir. 1983). As long as their actions fall within that standard of care, the trustee has discretion to decide which claims to prosecute. Matter of Taxman Clothing Co., 49 F.3d 310, 315 (7th Cir. 1995).
Appearances are required.
Debtor(s):
Hassan Abbas Kassir Pro Se
Defendant(s):
Hassan Abbas Kassir Pro Se
Plaintiff(s):
Richard A Marshack Represented By
11:00 AM
Trustee(s):
Donald W Sieveke
Richard A Marshack (TR) Represented By Donald W Sieveke
11:00 AM
Adv#: 8:19-01081 Marshack v. Kassir
CONT'D Hearing RE: Motion To Compel Trustee To Investigate Creditor Hassan Essayli's Proof Of Disputed Debt Claims
(Motion filed 8/29/19) FR: 10-2-19
Docket 12
Tentative for 11/20/19 is to DENY the motion. The Court notes that the motion was not served in accordance with LBR 2002-1. Further, the Debtor has not shown that the Trustee failed to perform his duties to the required standard of care.
In performing his duties, a trustee has a duty to exercise care and diligence that an ordinarily prudent person under similar circumstances would exercise. In re Cochise Coll. Park, Inc., 703 F.2d 1339, 1357 (9th Cir. 1983). As long as their actions fall within that standard of care, the trustee has discretion to decide which claims to prosecute. Matter of Taxman Clothing Co., 49 F.3d 310, 315 (7th Cir. 1995).
Appearances are required.
Debtor(s):
Sukeinah Hassan Kassir Pro Se
Defendant(s):
Sukeinah Hassan Kassir Pro Se
Plaintiff(s):
Richard A Marshack Represented By Donald W Sieveke
11:00 AM
Trustee(s):
Richard A Marshack (TR) Represented By Donald W Sieveke
11:00 AM
Adv#: 8:19-01081 Marshack v. Kassir
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Deny Debtor's Discharge Per 11 U.S.C. Section 727
(Complaint filed 5/6/19)
(Another summons issued 6/17/19) FR: 8-7-19; 9-4-19; 10-2-19
Docket 1
Tentative for 11/20/19:
The Court notes that parties have failed to comply with LBR 7016. The Court will excuse the noncompliance in this instance, but the parties are cautioned to follow all applicable rules or risk future sanctions.
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: February 27, 2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: April 2, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
Pretrial conference: May 13, 2020 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 monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.
Plaintiff is to lodge a scheduling order within seven (7) days.
11:00 AM
Debtor(s):
Sukeinah Hassan Kassir Pro Se
Defendant(s):
Sukeinah Hassan Kassir Pro Se
Plaintiff(s):
Richard A Marshack Represented By Donald W Sieveke
Trustee(s):
Richard A Marshack (TR) Pro Se
11:00 AM
Adv#: 8:19-01081 Marshack v. Kassir
CONT'D Hearing RE: First Amendment Motion To Dismiss Complaint To Deny Debtor's Discharge Per 11 U.S.C. Section 727 For Failure To State A Claim, Or In The Alternative For A More Definite Statement
(Motion filed 7/17/19)
(First Amendment Motion filed 8/16/19) FR: 10-2-19
Docket 8
Tentative for 11/20/19 is to DENY the motion to dismiss. Debtor has failed to appropriately serve the motion in accordance with all applicable rules, including LBR 2002-1. Further, the Debtor has not shown that the complaint fails to state a claim or lacks definition, as required by FRCP 12(b) and (e).
To survive a Rule 12(b)(6) motion to dismiss, a plaintiff must allege "enough facts to state a claim to relief that is plausible on its face." Bell Atlantic Corp.
v. Twombly, 550 U.S. 544, 570 (2007). When pleading fraud, the plaintiff must state "with particularity the circumstances constituting fraud or mistake." Fed. R. Civ. P. 9(b). The Debtor’s motion has not shown that the facts alleged in Plaintiff’s complaint are implausible or lack particularity.
Debtor’s motion attempts to provide a counterargument for each allegation presented in Plaintiff’s complaint. As such, the complaint is not so "vague or ambiguous that the party cannot reasonably prepare a response." Fed. R. Civ. P. 12(e).
Appearances are required.
Debtor(s):
Sukeinah Hassan Kassir Pro Se
11:00 AM
Defendant(s):
Sukeinah Hassan Kassir Pro Se
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#: 8:19-01130 Marshack v. Kassir et al
CONT'D Hearing RE: Motion To Dismiss Complaint To Avoid Fraudulent Transfers For Failure To State A Claim, Or In The Alternative For A More Definite Statement
(Motion filed 8/12/19) FR: 9-18-19; 10-2-19
Docket 10
Tentative for 11/20/19 is to DENY the motion to dismiss. The Court notes that the Debtor has failed to appropriately serve the motion in accordance with all applicable rules, including LBR 2002-1. Further, the Debtor has not shown that the complaint fails to state a claim or lacks definition, as required by FRCP 12(b) and (e).
To survive a Rule 12(b)(6) motion to dismiss, a plaintiff must allege "enough facts to state a claim to relief that is plausible on its face." Bell Atlantic Corp.
v. Twombly, 550 U.S. 544, 570 (2007). When pleading fraud, the plaintiff must state "with particularity the circumstances constituting fraud or mistake." Fed. R. Civ. P. 9(b). The Debtor’s motion has not shown that the facts alleged in Plaintiff’s complaint are implausible or lack particularity.
Debtor’s motion attempts to provide a counterargument for each allegation presented in Plaintiff’s complaint. As such, the complaint is not so "vague or ambiguous that the party cannot reasonably prepare a response." Fed. R. Civ. P. 12(e).
Appearances are required.
11:00 AM
Debtor(s):
Sukeinah Hassan Kassir Pro Se
Defendant(s):
Mohammad Mahdi Kassir Pro Se
Mohammad Abbas Kassir Pro Se
Ali Al-Hadi Kassir Pro Se
Sukeinah Kassir Pro Se
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#: 8:19-01130 Marshack v. Kassir et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Avoid Fraudulent Transfers
(Complaint filed 7/2/19) FR: 9-18-19; 10-2-19
Docket 1
Tentative for 11/20/19:
The Court notes that parties have failed to comply with LBR 7016. The Court will excuse the noncompliance in this instance, but the parties are cautioned to follow all applicable rules or risk future sanctions.
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: February 27, 2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: April 2, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
Pretrial conference: May 13, 2020 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 monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.
Plaintiff is to lodge a scheduling order within seven (7) days.
11:00 AM
Debtor(s):
Sukeinah Hassan Kassir Pro Se
Defendant(s):
Mohammad Mahdi Kassir Pro Se
Mohammad Abbas Kassir Pro Se
Ali Al-Hadi Kassir Pro Se
Sukeinah Kassir Pro Se
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#: 8:19-01151 Murrin v. Phan
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Fraud Dischargeability - 11 U.S.C. Section 523(a)(4);
Fraud Dischargeability - 11 U.S.C. Section 523(a)(12) (Complaint filed 7/22/19)
FR: 10-23-19
Docket 1
- NONE LISTED -
Debtor(s):
Tram Anh Phan Represented By Amid Bahadori
Defendant(s):
Tram A Phan Pro Se
Plaintiff(s):
Garth Murrin Pro Se
Trustee(s):
Karen S Naylor (TR) Pro Se
11:00 AM
Adv#: 8:19-01172 Cervantes v. Foster
STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt Pursuant To 11 U.S.C. Section 523(a)(5) And (a)(15)
(Complaint filed 8/26/19)
Docket 1
Tentative for 11/20/19:
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: February 20, 2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: April 2, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
Pretrial conference: May 13, 2020 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 monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.
Note: If all parties agree with the foregoing tentative schedule, appearances are waived and Plaintiff shall lodge/serve a scheduling order within seven (7) days consistent with same.
Debtor(s):
Adam Foster Represented By
Amanda G Billyard
11:00 AM
Defendant(s):
Adam Thomas Foster Pro Se
Plaintiff(s):
Trina C. Cervantes Represented By Natali A Ron
Trustee(s):
Richard A Marshack (TR) Pro Se
11:00 AM
Hearing RE: Motion For An Order To Show Cause To Hold In Contempt Of Discharge Injuction: (1) Sharon Deon Sims, (2) Daniel Keith Larson and (3) Erin Ellen Larson; Compensatory Damages, Attorneys Fees And Costs As Sanctions For Violating The Discharge Injunction
(Motion 10/29/19)
Docket 189
Tentative for 11/20/19:
The Court will CONTINUE this matter to December 18, 2019 at 11:00 a.m. as the Movant has failed to properly serve all parties pursuant to LBR 9013-1 and 9013-3.
Accordingly, no hearing will be held on 11/20/19 and appearances are excused.
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]
VW Credit, Inc. vs. DEBTOR (Motion filed 10/10/19)
[RE: 2016 Volkswagen Jetta Sedan - VIN No.: 3VW267AJ8GM363089]
Docket 9
Tentative for 11/21/19:
Grant pursuant to 11 U.S.C. §§ 362(d)(1) and (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):
Ronald L. Peggs Represented By Christine A Kingston
Trustee(s):
Weneta M Kosmala (TR) Pro Se
10:00 AM
CONT'D Motion for relief from stay [Personal Property]
Toyota Motor Credit Corporation vs. DEBTOR (Motion filed 9/26/19)
[RE: 2015 Lexus CT200H]
FR: 10-24-19
Docket 8
Tentative for 11/21/19:
Grant pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) with a 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 the Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Michael Padilla Samson Represented By
Glenn Ward Calsada
Trustee(s):
Richard A Marshack (TR) Pro Se
11:00 AM
STATUS CONFERENCE Hearing RE: (1) Case Management Conference And
(2) Requiring Status Report (Petition filed 10/7/19)
Docket 7
Tentative for 11/21/19 is to CONTINUE this status conference to February 12, 2020. A status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
Jonathan James Lagman Represented By Michael Jones
Joint Debtor(s):
Samantha Page Lagman Represented By Michael Jones
11:00 AM
STATUS CONFERENCE Hearing RE: (1) Case Management Conference And
(2) Requiring Status Report (Petition filed 9/26/19)
:
Docket 0
Tentative for 11/21/19 is to CONTINUE this status conference to January 9, 2020. A status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
Thompson National Properties, LLC Represented By
Leonard M Shulman
11:00 AM
Hearing RE: Application For Payment Of Interim Fees And/Or Expenses For The Period From June 12, 2019 Through September 20, 2019
(Motion filed 10/31/19)
[RE: LAW OFFICES OF PAUL KLEVEN - Special Counsel For Debtor] [Fees: $15,180; Expenses: $774.63]
Docket 120
Tentative for 11/21/19 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):
Progressive Solutions, Inc. Represented By Lewis R Landau
11:00 AM
Hearing RE: Application For Payment For Interim Fees And/Or Expenses For The Period From June 1, 2019 Through October 31, 2019
(Motion filed 10/31/19)
[RE: LEWIS R. LANDAU - Attorney For Debtor And Debtor-In-Possession] [Fees: $43,807.50; Expenses: $1,101.55]
Docket 119
Tentative for 11/21/19 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):
Progressive Solutions, Inc. Represented By Lewis R Landau
10:00 AM
Bonial & Associates, P.C. - movant attorney Motion for Relief from Stay
VW Credit, Inc. vs. DEBTOR (Motion filed 10/24/19)
Re: 2017 VOLKSWAGEN GTI
EH
Docket 12
Tentative for 12/03/19:
Grant pursuant to 11 U.S.C. §§ 362(d)(1) and (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):
Nathaniel Andrew Miranda Represented By
Shawn Anthony Doan
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
Aldridge Pite, LLP - movant attorney Motion for Relief from Stay
JPMorgan Chase Bank, N.A. vs. DEBTOR (Motion filed 11/1/19)
RE: 2017 Honda Accord VIN No.1HGCR2F50HA129400
EH
Docket 18
Tentative for 12/03/19:
Grant pursuant to 11 U.S.C. §§ 362(d)(1) and (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):
Jessica Alejandra Medina Represented By
Neelamjeet K Kahlon-Pfister
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 DEBTOR, Charles W. Daff, TRUSTEE (Motion filed 11/1/19)
RE: 2017 HONDA CR-V VIN 7FARW5H34HE011523
EH
Docket 8
Tentative for 12/03/19:
Grant pursuant to 11 U.S.C. §§ 362(d)(1) and (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):
Teresa Cisneros Represented By Keith Q Nguyen
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
ACAR Leasing LTD vs. DEBTORS, Robert Whitmore, trustee (Motion filed 11/6/19)
Re: 2017 CHEVROLET TRAVERSE, VIN 1GNKRGKD7HJ349483
EH
Docket 9
Tentative for 12/03/19:
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):
Brittney Peterson Represented By Christopher Hewitt
Joint Debtor(s):
Natalie Peterson Represented By Christopher Hewitt
10:00 AM
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Prenovost, Normandin, Bergh & Dawe - movant attorney Motion for Relief from Stay
Yamaha Motor Finance Corp. vs. DEBTOR (Motion filed 11/6/19)
Re: 2017 Yamaha YFM70RSBH0
EH
Docket 11
Tentative for 12/03/19:
Grant pursuant to 11 U.S.C. §§ 362(d)(1) and (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):
Evangelina Lopez Represented By Christopher Hewitt
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
Law Offices of Edward T. Weber - movant attorney Motion for Relief from Stay
Pelican Holdings, LLC a California Limited Liability Company vs. DEBTORS (Motion filed 11/20/19)
Re: APN: 906-270-050-1, Murrieta, CA 92562
EH
Docket 9
Tentative for 12/03/19:
Grant pursuant to 11 U.S.C. §§ 362(d)(1) and (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 submitted evidence to satisfy this burden.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party 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):
Marina Campos Pro Se
Trustee(s):
Howard B Grobstein (TR) Pro Se
11:00 AM
Hrg on Trustee's Final Report and Applications for Compensation EH
Docket 53
Tentative for 12/03/19 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):
Johnie Eugene Davis Pro Se
Trustee(s):
Howard B Grobstein (TR) Represented By David M Goodrich Sulmeyer Kupetz Claire K Wu
11:00 AM
Hrg. on Interim Fee Application for Compensation and Reimbursement of Expenses Incurred by Attorney for Chapter 7 Trustee for Wesley H Avery, Trustee's Attorney, Period: 9/1/2018 to 9/30/2019, Fee: $86111, Expenses:
$745.65.
EH
(Cont. from 11/19/19)
Docket 105
- NONE LISTED -
Debtor(s):
Thomas John Forrest Represented By Michael F Chekian
Trustee(s):
Larry D Simons (TR) Represented By Wesley H Avery
11:00 AM
Hrg. on trustee's final report; applications for compensation EH
Docket 27
Tentative for 12/03/19 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):
Luis Armin Rizo Gaytan Represented By Daniel King
Joint Debtor(s):
Patricia Isabel Escoto Represented By Daniel King
Trustee(s):
John P Pringle (TR) Pro Se
11:00 AM
Hrg. on trustee's final report; applications for compensation EH
Docket 29
Tentative for 12/03/19 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):
Ricardo A Saravia Represented By Daniel King
Joint Debtor(s):
Rosa Mirna Saravia Represented By Daniel King
Trustee(s):
Howard B Grobstein (TR) Pro Se
11:00 AM
Hrg. on Trustee's Final Report and Applications for Compensation EH
Docket 0
Tentative for 12/03/19 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):
Erick Govanny Parra Represented By Robert L Firth
Trustee(s):
Charles W Daff (TR) Pro Se
11:00 AM
Hrg. on chapter 7 trustee's Motion for extension of time to file a complaint
Docket 12
The Court will GRANT this 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):
Ruben Martin Pichilingue Represented By Richard L Barnett
Trustee(s):
Charles W Daff (TR) Pro Se
1:30 PM
Hrg. on Chapter 11 Status Conference EH
(Cont. from 11/5/19)
Docket 0
- NONE LISTED -
Debtor(s):
Banner Mattress, Inc. Represented By Daniel J Weintraub Nina Z Javan
1:30 PM
Hrg. on Debtor's motion filed 11/6/19 (1) Prohibiting utilities service providers from altering, refusing or discontinuing services to, or discriminating against the Debtor, (2) Providing that a single deposit for all Debtor's utilities shall constitute "adequate assurance" of future payment
Docket 4
Tentative for 12/03/19:
Appearances are required.
Debtor(s):
Delta Hospice of California Inc Represented By
David A Akintimoye
1:30 PM
Hrg. on Debtor's Motion filed 11/6/19 Authorizing Debtor-in-Possession to (1) Pay prepetition payroll; (2) Honor prepetition employment procedures; and (3) continue paying taxes [LBR 2081-1(a)(6)]
Docket 5
Tentative for 12/03/19:
Appearances are required.
Debtor(s):
Delta Hospice of California Inc Represented By
David A Akintimoye
1:30 PM
Hrg. on Ex Parte Second Motion filed 11/22/19 for an Order Limiting Scope of Notice
EH
Docket 0
Tentative for 12/03/19:
The Court has set this matter for hearing in order to allow all parties to weigh in. Any opposition to the motion may be made at the hearing.
Appearances are required.
Debtor(s):
O'Linn Security Incorporated Represented By Steven R Fox
W. Sloan Youkstetter
1:30 PM
Hrg. on Ex Parte Motion filed 11/19/19 for Authority to Seal Names of Certain Creditors
EH
Docket 0
Tentative for 12/03/19:
The Court has set this matter for hearing in order to allow all parties to weigh in. Any opposition to the motion may be made at the hearing.
Appearances are required.
Debtor(s):
O'Linn Security Incorporated Represented By Steven R Fox
W. Sloan Youkstetter
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 11/12/19 Between Debtor and American Honda Finance Corporation, in the amount of $ 31,020.91
Re: 2019 Honda Accord
Docket 11
- NONE LISTED -
Debtor(s):
Chanel Antoinette LaCroix Pro Se
Trustee(s):
Steven M Speier (TR) Pro Se
1:30 PM
Adv#: 6:16-01018 O'Laverty et al v. Far et al
Hrg. on Plaintiffs' Motion For Summary Judgment on Claims under U.S.C. §§ 523(a)(2)(A) and (a)(6), or, in the alternative, for an adjudication of undisputed facts of Melinda Olaverty, Merille Sousa and Cheri Olaverty, substituted as Plaintiffs in place of named plaintiff Ames Todd Olaverty, deceased
Docket 64
Tentative for 12/04/19:
Appearances are required.
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
Cheri O'Laverty Represented By
1:30 PM
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#: 6:16-01018 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), § 523(a)(4), §523(a)(6))
(Cont. from 11/20/19) EH
Docket 1
Tentative for 12/04/19: Appearances are required.
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
1:30 PM
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#: 6:18-01088 Frazer v. 395 Lampe, LLC
PRETRIAL 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 10/16/19)
(Tele. appr. Brandon Iskander, rep. trustee, Larry D. Simons)
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
1:30 PM
Trustee(s):
Helen R. Frazer (TR) Represented By Laurel R Zaeske
1:30 PM
Adv#: 6:19-01125 Simons v. Mulvania
STATUS CONFERENCE re: Complaint by Larry D. Simons against Joshua Mulvania. (Charge To Estate) ($350.00). for: 1) Avoidance Of Intentional Fraudulent Transfers And Recovery Of Same [11 U.S.C. §§ 544, 548, 550; Cal. Civ. Code §§ 3439.04, 3439.07]; 2) Avoidance Of Constructive Fraudulent Transfers And Recovery Of Same [11 U.S.C. §§ 544, 548, 550; Cal. Civ. Code
§§3439.04, 3439.05, 3439.07]; 3) Preservation Of Avoided Transfers [11 U.S.C.
§ 551]; 4) Disallowance Of Claims [11 U.S.C. § 502(d)]; 5) Unjust Enrichment
[11 U.S.C. § 105]; and 6) Turnover Of Property Of The Estate [11 U.S.C. § 542] Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)),(11 (Recovery of money/property - 542 turnover of property)),(91 (Declaratory judgment))
EH
[Tele. appr., Brandon Iskander, repr., Larry D. Simons, Trustee]
Docket 1
Tentative for 12/04/19:
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: April 16, 2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: May 14, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
Pretrial conference: June 24, 2020 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 monetary
1:30 PM
and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.
Plaintiff is to lodge a scheduling order within seven (7) days.
Debtor(s):
Christopher John Mulvania Represented By
Bryant C MacDonald
Defendant(s):
Joshua Mulvania Pro Se
Plaintiff(s):
Larry D. Simons Represented By Brandon J Iskander
Trustee(s):
Larry D Simons (TR) Represented By Lynda T Bui Brandon J Iskander
1:30 PM
Adv#: 6:18-01201 Turoci v. Mulvania
STATUS CONFERENCE Re: Complaint by Todd Turoci against Christopher John Mulvania - §523(a)(2)(A), (B), §727(c),(d),(e)
(Cont. from 10/23/19) EH
Docket 1
- NONE LISTED -
Debtor(s):
Christopher John Mulvania Represented By
Bryant C MacDonald
Defendant(s):
Christopher John Mulvania Pro Se
Plaintiff(s):
Todd Turoci Represented By
Todd L Turoci
Trustee(s):
Larry D Simons (TR) Pro Se
1:30 PM
Adv#: 6:19-01086 United States Trustee for the Central District of v. Obrien et al
STATUS CONFERENCE re: Complaint by United States Trustee for the Central District of California, Region 16 against John Obrien, Tracy Obrien - 727(c),(d),(e)
(Cont. from 9/4/19) EH
Docket 1
Tentative for 12/04/19:
This matter is CONTINUED to December 18, 2019 at 1:30 p.m. A status report is not required.
Appearances are excused.
Debtor(s):
John Obrien Represented By
Christopher J Murtagh
Defendant(s):
John Obrien Pro Se
Tracy Obrien Pro Se
Joint Debtor(s):
Tracy Obrien Represented By
Christopher J Murtagh
1:30 PM
Plaintiff(s):
United States Trustee for the Central Represented By
Everett L Green
Trustee(s):
Todd A. Frealy (TR) Represented By Christopher J Murtagh Michelle A Marchisotto
11:00 AM
Adv#: 8:19-01176 Golden v. Caufield
CONT'D STATUS CONFERENCE Hearing RE: Complaint for Judgment:
Avoiding Fraudulent Transfer Pursuant To 11 U.S.C. Section 548(a)(1)(A);
Avoiding Fraudulent Transfer Pursuant To 11 U.S.C. Section 548(a)(1)(B);
Recovery Of Transfer Pursuant To 11 U.S.C. Section 550; And
Preserving Transfer Pursuant To 11 U.S.C. Section 551 (Complaint filed 8/29/19)
(Another Summons issued 9/10/19)
FR: 11-19-19
[Tele. appr., Reem J. Bello, repr., Attorneys For Trustee, Jeffrey Golden] [Tele. appr., Tyler H. Brown, repr., Jason Caufield]
[Tele. appr., Noreen Madoyan, repr., Howard Grobstein, Trustee]
Docket 1
Tentative for 12/04/19:
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: March 4, 2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: April 15, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
Pretrial conference: May 27, 2020 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 monetary
11:00 AM
and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.
Plaintiff is to lodge a scheduling order within seven (7) days.
Debtor(s):
Tim M McKenna Represented By Michael G Spector
Defendant(s):
Jason Caufield Pro Se
Plaintiff(s):
Jeffrey I. Golden Represented By Reem J Bello
Trustee(s):
Jeffrey I Golden (TR) Represented By Ryan W Beall Reem J Bello
11:00 AM
Adv#: 8:19-01002 Morgan v. Lopez et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Preliminary And Permanent Injunction Barring Creditors From Taking Action Against State Court Codefendants Pursuant To 11 U.S.C. Section 105; And
To Avoid Transfer Of An Interest In Real Property;
Verification Of Brooks T Morgan (Complaint filed 1/3/19)
FR: 3-21-19; 5-2-19; 9-18-19
Docket 1
Debtor(s):
Brooks T Morgan Represented By
Catherine Christiansen
Defendant(s):
Joanna N Lopez Pro Se
Maria Arellano Pro Se
Plaintiff(s):
Brooks T Morgan Represented By
Catherine Christiansen
11:00 AM
Adv#: 8:19-01170 State Compensation Insurance Fund v. Munoz
STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt Under 11 U.S.C. Section523(a)(2)
(Complaint filed 8/19/19)
[Tele. appr., Onyinye N. Anyama, repr., Juan Arcos Munoz]
[Tele. appr., Rhett R. Johnson, repr., State Compensation Insurance Fund]
Docket 1
Tentative for 12/04/19:
The Court notes that the parties filed a late joint status report. The Court will excuse the noncompliance in this instance, but the parties are cautioned to follow all applicable rules or risk future sanctions.
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: March 4, 2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: April 15, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
Pretrial conference: May 27, 2020 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 monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.
Plaintiff is to lodge a scheduling order within seven (7) days.
11:00 AM
Debtor(s):
Juan Arcos Munoz Represented By Onyinye N Anyama
Defendant(s):
Juan Arcos Munoz Pro Se
Plaintiff(s):
State Compensation Insurance Fund Represented By
Rhett Johnson
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
(Motion filed 11/2/19)
Docket 7
Tentative for 12/04/19:
The Court is inclined to GRANT the motion and order Ameet Gandhi of the Law Office of Ameet Gandhi ("Debtor’s Counsel") to return $700 of the fee charged back to the Debtor.
The Court notes that Debtor’s Counsel failed to attend the initial § 341(a) meeting pursuant to LBR 2090-1(a)(3). The Ninth Circuit BAP has held that it is appropriate for bankruptcy court to reduce fees when debtor’s counsel fails to "…provide competent and complete representation…" In re Basham, 208 B.R. 926, 933 (9th Cir. BAP 1997).
Appearances are required.
Debtor(s):
Peter Sanchez Represented By Ameet Gandhi
Trustee(s):
Richard A Marshack (TR) Pro Se
11:00 AM
Hearing RE: Motion For Order Authorizing Production Of Documents From Bank Of America Pursuant To Federal Rule Of Bankruptcy Procedure 2004 (Motion filed 10/4/19)
(Set per Notice of Hearing filed 11/14/19)
Docket 51
- NONE LISTED -
Debtor(s):
Hassan Abbas Kassir Pro Se
Trustee(s):
Richard A Marshack (TR) Represented By Donald W Sieveke
10:00 AM
CONT'D Motion for relief from stay [Real Property]
Bank Of The West vs. DEBTORS (Motion filed 10/17/19)
(Second Amended Motion filed 11/13/19)
[RE: 6368 Mount Ripley Drive, Cypress, CA 90630]
FR: 11-7-19
Docket 23
Tentative for 12/05/19:
Grant pursuant to 11 U.S.C. § 362(d)(1) with 4001(a)(3) waiver.
The request for relief under § 11 U.S.C. § 362(d)(2) is denied, as the Movant is adequately protected by a substantial equity cushion of 34%. 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).
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, 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 11/07/19 is to DENY the motion.
The request for relief under § 11 U.S.C. § 362(d)(2) is denied as the Movant
10:00 AM
failed to show insufficient equity cushion.
Here, the Movant is adequately protected by a substantial equity cushion of 34%. 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).
Note: If Movant agrees with the above tentative, no appearance by Movant is required.
Movant to lodge an order within seven (7) days.
Debtor(s):
Eui Suk Ko Represented By
Young K Chang
Joint Debtor(s):
Sun Suk Kim Represented By
Young K Chang
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
Motion for relief from stay [Unlawful Detainer]
The Irvine Company, LLC vs. DEBTOR (Motion filed 11/8/19)
[RE: 591 Giotto Irvine, CA 92614]
Docket 10
Tentative for 12/05/19:
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):
Donald Erick Braun Jr Represented By Timothy McFarlin
Trustee(s):
Weneta M Kosmala (TR) Pro Se
10:00 AM
Motion for relief from stay [Real Property]
JPMorgan Chase Bank, National Association vs. DEBTOR (Motion filed 11/14/19)
[RE: 1311 Antigua Way, Newport Beach, California 92660]
Docket 291
- NONE LISTED -
Debtor(s):
Brooks T Morgan Represented By
Catherine Christiansen
Trustee(s):
Thomas H Casey (TR) Represented By Thomas H Casey Jeffrey I Golden
11:00 AM
Motion for relief from stay [Real Property]
The Bank Of New York Mellon f/k/a The Bank Of New York, As Trustee For The Certificateholders Of the CWALT, Inc., Alternative Loan Trust 2007-o=OA6 Mortgage Pass-Through Certificates, Series 2007-OA6
(Motion filed 11/8/19)
[RE: 779 Arbolado Drive, Fullerton, CA 92835]
Docket 283
Tentative for 12/05/19 is to DENY the motion.
The stay of an action against property of the estate is automatically lifted when the property involved is no longer part of the estate. 11 U.S.C. § 362(c) (1). "Except as otherwise provided in the plan or the order confirming the plan, the confirmation of a plan vests all of the property of the estate in the debtor." 11 U.S.C. § 1141(b). Thus, confirmation of a reorganization plan ordinarily lifts the automatic stay against acts that would result in the exercise of control over property of the estate, because confirmation usually terminates the existence of the estate. Hillis Motors, Inc. v. Hawaii Auto.
Dealers' Ass'n, 997 F.2d 581, 587 (9th Cir. 1993).
Appearances are required.
Debtor(s):
Chrestotes, Inc Represented By David A Tilem Kevin Tang
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 2/27/19) FR: 4-18-19
Docket 0
Tentative for 12/05/19:
The Court notes that parties have failed to comply with LBR 7016. The Court will excuse the noncompliance in this instance, but the parties are cautioned to follow all applicable rules or risk future sanctions.
The Court will continue this status conference to February 13, 2020 at 11:00
a.m. A status report is due 14 days prior to the hearing.
Appearances are excused.
************************************************************************************ Tentative for 4/18/19 is to set the following dates/deadlines:
Deadline for filing a plan and disclosure statement: October 17, 2019. Note: the failure to timely file a plan and disclosure statement may result in the conversion or dismissal of the case.
Deadline for filing Proofs of Claims: June 27, 2019 ("Claims Bar Date").
11:00 AM
Deadline for serving Notice of Claims Bar Date: April 25, 2019.
Deadline for filing Objections to Claim: August 15, 2019
Deadline for filing Avoidance Actions: August 15, 2019
Continued status conference: December 5, 2019 at 11:00 a.m. A status report is due 14 days in advance.
Appearances required.
Debtor(s):
MyTailor.com Represented By Christopher P Walker
11:00 AM
CONT'D Hearing RE: Motion For Order Dismissing Case Pursuant To Section 1112(b) Of The Bankruptcy Code
(Motion filed 10/2/19) FR: 10-24-19
Docket 92
- NONE LISTED -
Debtor(s):
The Brandywine Trust Dated August Represented By
Simon Aron Johnny White
11:00 AM
CONT'D Hearing RE: Motion For Order Approving Compromise Pursuant To Federal Rules Of Bankruptcy Procedure 9019
(Motion filed 10/2/19) FR: 10-24-19
Docket 91
- NONE LISTED -
Debtor(s):
The Brandywine Trust Dated August Represented By
Simon Aron Johnny White
11:00 AM
Hearing RE: Motion For Order Approving Stipulation Authorizing Debtor's Use of Cash Collateral And Providing Adequate Protection Pursuant To 11 U.S.C. Sections 361, 362, 363 And 507(b)
(Motion filed 11/4/19)
Docket 119
Tentative for 12/05/2019:
The court is inclined to GRANT the motion as requested, as Debtor has met its burden under 11 U.S.C. § 363.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Invensure Insurance Brokers, Inc. Represented By
Carol Chow
11:00 AM
Hrg. on Second Motion filed 11/21/19 of City of San Bernardino for a Fifth Order Extending the Deadline to File Motions to Make Additions to the Schedule of Contracts and Leases to be Assumed
EH
Docket 2915
Tentative for 12/12/19:
The motion is GRANTED. The Court finds this matter appropriate for disposition without a hearing, so no hearing will be held.
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
11:00 AM
Adv#: 6:19-01167 PLACO SAN BERNARDINO, LLC, a Delaware limited liab v. City of San
Status Conference re: Objection filed 7/25/19 to Claims of Placo San Bernardino, LLC (Proof of Claim No. 203)
Docket 0
Tentative for 12/12/19:
The Court will approve the jointly filed scheduling order, except as to the pre- trial and trial dates. The pre-trial conference shall be set for 2/16/2021 at 1:30
p.m. A trial date will be set at the pre-trial conference.
The Court finds this matter appropriate for disposition without a hearing, so no hearing will be held.
Plaintiff 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
Defendant(s):
City of San Bernardino Represented By Paul R. Glassman
Plaintiff(s):
PLACO SAN BERNARDINO, Pro Se
10:00 AM
Motion for relief from stay [Action In Non-Bankruptcy Forum]
Francis Trinh And Julianne Trinh vs. DEBTOR (Motion Filed 11/20/19)
[RE: Case Name: Francis Trinh and Julianne Trinh v. Charles S. Zahedi, DDS, et al.]
[Docket Number: 17-cv-309168]
[Pending In: Santa Clara County Superior Court]
Docket 23
Tentative for 12/12/19 is to GRANT relief as sought.
To the extent a litigation involves a potential claim for payment on the debtor's insurance policy, courts have held that the action falls within the scope of § 362(a)(3) (which operates to stay "any act to obtain possession of property of the estate or of property from the estate or to exercise control over property of the estate"). In re All Seasons Resorts, Inc., 79 B.R. 901, 904 (Bankr. C.D. Cal. 1987).
While the automatic stay terminates with respect to the debtor upon the entry of a discharge (In re Lakhany, 538 B.R. 555, 561 (B.A.P. 9th Cir. 2015), the automatic stay as to the estate continues through the granting of relief or closing of the case. In this instance, the automatic stay is still in force as to the Zahidi Estate, and the movant is seeking relief to proceed against insurance proceeds only.
Appearances are required.
10:00 AM
Debtor(s):
Charles S Zahedi Represented By
Catherine Christiansen
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
Motion for relief from automatic stay [Action In Non-Bankruptcy Forum]
Vicki Picetti vs. DEBTOR (Motion filed 11/20/19)
[RE: Case Name: Vicki Picetti v. Charles S. Zahedi, DDS, et al.] [Docket Number: 19-cv-350798]
[Pending In: Santa Clara County Superior Court]
Docket 24
Tentative for 12/12/19 is to GRANT relief as sought.
To the extent a litigation involves a potential claim for payment on the debtor's insurance policy, courts have held that the action falls within the scope of § 362(a)(3) (which operates to stay "any act to obtain possession of property of the estate or of property from the estate or to exercise control over property of the estate"). In re All Seasons Resorts, Inc., 79 B.R. 901, 904 (Bankr. C.D. Cal. 1987).
While the automatic stay terminates with respect to the debtor upon the entry of a discharge (In re Lakhany, 538 B.R. 555, 561 (B.A.P. 9th Cir. 2015), the automatic stay as to the estate continues through the granting of relief or closing of the case. In this instance, the automatic stay is still in force as to the Zahidi Estate, and the movant is seeking relief to proceed against insurance proceeds only.
Appearances are required.
10:00 AM
Debtor(s):
Charles S Zahedi Represented By
Catherine Christiansen
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
Motion for relief from stay [Personal Property]
ACAR Leasing LTD d/b/a GM Financial Leasing vs. DEBTOR (Motion filed 11/15/19)
[RE: 2017 Chevrolet Tahoe - VIN No.: 1GNSCBKC2HR344463]
Docket 9
Tentative for 12/12/19:
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):
Katherine Elizabeth Lubatti Represented By Christopher P Walker
Trustee(s):
Richard A Marshack (TR) Pro Se
11:00 AM
Hearing RE: Sixth Interim Application For Payment Of Fees And/Or Expenses For The Period From April 11, 2019 Through November 20, 2019
(Application filed 11/20/19)
[RE: MENCHACA & COMPANY, LLP - Accountants For Debtors And Debtors-in-Possession]
[Fees: $45,096.00; Expenses: $0.00]
Docket 1051
Tentative for 12/12/19 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):
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
11:00 AM
Kathy Bazoian Phelps Timothy W Evanston
11:00 AM
Hearing RE: Motion To Approve Compromise With Secured Investment Corp.,
Lee Arnold And Jaclyn Arnold (Motion filed 11/2/19)
Docket 1056
Tentative for 12/12/19 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):
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: First Interim Application For Allowance And Payment Of Fees And Reimbursement Of Expenses For The Period From March 5, 2019 Through October 31, 2019
(Application filed 11/21/19)
[RE: BORDE LAW PLLC - Attorneys For Debtor, TD REO Fund, LLC] [Fees: $9,164.00; Expenses: $1,426.05]
Docket 1053
Tentative for 12/12/19 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):
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
11:00 AM
Kathy Bazoian Phelps Timothy W Evanston
11:00 AM
Hearing RE: Sixth Interim Application For Allowance And Payment Of Fees And Reimbursement Of Expenses For The Period From April 8, 2019 Through November 18, 2019
(Application filed 11/21/19)
[RE: SMILEY WANG-EKVALL, LLP - Attorney For Debtor And Debtor-In- Possession]
[Fees: $332,679.30; Expenses $5,126.58]
Docket 1054
Tentative for 12/12/19 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):
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
11:00 AM
Michael W Davis Kathy Bazoian Phelps Timothy W Evanston
11:00 AM
Hearing RE: Fourth Interim Fee Application For Payment of Fees And Reimbursement Of Expenses For The Period From April 1, 2019 Through October 31, 2019
(Application filed 11/21/2019)
[RE: SULMEYERKUPETZ - Attorneys For Official Committee Of Unsecured Creditors Of TD REO, LLC, TD Opportunity Fund, LLC, Equity Index Managed Fund, LLC, And Secure Real Estate Fund LLC]
[Fee : $31,002.00; Expenses: $92.40]
Docket 1055
Tentative for 12/12/19 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):
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
Corey R Weber Michael W Davis Kathy Bazoian Phelps Timothy W Evanston
11:00 AM
Hearing RE: First Interim Application For: (1) Compensation of Contingency Fees And Reimbursement Of Expenses Related To The Settlement With Secured Investment Corp., Lee Arnold And Jaclyn Arnold; And (2) Compensation Of Hourly Fees And Reimbursement of Expenses Pursuant To The Expanded Employment Order:
[RE: BRUTZKUS GUBNER - Special Litigation Counsel For Debtors and Debtors-In-Possession]
[Expanded Employment Order:]
[For The Perod From September 28, 2018 Through October 31, 2019] [Fees: $44,037.50; Expenses: $59.00]
[RE: Contingency Fee:
[For The Period From November 15, 2017 Through October 31, 2019] [Fees: $175,000.02; Expenses: $7,419.48]
Docket 1059
Tentative for 12/12/19 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):
WJA Asset Management LLC Represented By
Lei Lei Wang Ekvall
11:00 AM
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: Seventh Interim Fee Application For Payment Of Fees And Reimbursement Of Expenses For The Period From November 1, 2018 Through October 31, 2019
(Application filed 11/21/19)
[RE: RUTAN & TUCKER, LLP - Special Counsel For Debtors And Debtors- In-Possession]
[Fees: $58,319.50; Expenses: $166.04]
Docket 1060
Tentative for 12/12/19 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):
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
11:00 AM
Michael W Davis Kathy Bazoian Phelps Timothy W Evanston
11:00 AM
Hearing RE: Application For Payment Of: Interim Fees And/Or Expenses For The Period From April 1, 2019 Through October 31, 2019
(Application filed 11/20/19)
[RE: DIAMOND MCCARTHY, LLP - Attorneys For TD REO Fund, LLC]
[Fees: $20,540.50; Expenses: $108.40]
Docket 1049
Tentative for 12/12/19 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):
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: Debtor's Motion For Order Authorizing Payment And Honoring Of Prepetition Payroll Obligations
(Motion filed 11/21/19)
Docket 80
Tentative for 12/12/19:
Appearances are required. Counsel should come prepared to discuss the employment status of the the parties listed in the motion.
Debtor(s):
MyTailor.com Represented By Christopher P Walker
11:00 AM
CONT'D Hearing RE: Motion For Dismissal, Or In The Alternative, Conversion To Chapter 7
(Motion filed 5/31/19)
FR: 6-27-19; 8-8-19; 9-4-19; 10-2-19; 11-7-19
Docket 46
- NONE LISTED -
Debtor(s):
The Brandywine Trust Dated August Represented By
Simon Aron
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 4/15/19)
FR: 6/13/19; 6-27-19; 8-8-19; 9-4-19; 10-2-19; 11-7-19
Docket 1
- NONE LISTED -
Debtor(s):
The Brandywine Trust Dated August Represented By
Simon Aron
11:00 AM
Hearing RE: Objection To Claims:
(Motion filed 10/30/19)
Claim No. 2 First-Citizens Bank $46,508.33
Claim No. 3 First-Citizens Bank $44,160.20
Docket 105
Tentative for 12/12/19:
This matter is CONTINUED to January 23, 2020 at 11:00 a.m. to allow the Debtor to effectuate proper service on First Citizens Bank pursuant to LBR 3007-1(b)(2) and FRBP 7004.
Appearances are excused.
Debtor(s):
Invensure Insurance Brokers, Inc. Represented By
Carol Chow
11:00 AM
Hearing RE: Objection To Claims:
(Motion filed 10/30/19)
Claim No. 4-2 Steven A. Silverstein, Inc., $26,000.00
dba Silverstein & Huston
Docket 106
- NONE LISTED -
Debtor(s):
Invensure Insurance Brokers, Inc. Represented By
Carol Chow
11:00 AM
Hearing RE: Objection To Claims:
(Motion filed 10/30/19)
Claim No. 5 Duncan E. Prince and $824,710.93 ERM Insurance Brokers, Inc.
Docket 107
Tentative for 12/12/19:
The Court is inclined to continue this hearing to March 5, 2020 at 11:00 a.m. and require supplemental briefing regarding what occurred at the trial court level after remand. At this time, the Court is unable to determine whether the Court of Appeals decision had the legal effect of a modification or reversal. The Parties are requested to provide supplemental briefing by no later than February 13, 2020.
Appearances are required.
Debtor(s):
Invensure Insurance Brokers, Inc. Represented By
Carol Chow
11:00 AM
Hearing RE: Objection To Claims:
(Motion filed 10/30/19)
Claim No. 6 James DeMarco $1,000,000.00
Docket 109
Tentative for 12/12/19:
Appearances are required.
Debtor(s):
Invensure Insurance Brokers, Inc. Represented By
Carol Chow
10:00 AM
Bonial & Associates, P.C. - movant attorney Motion for Relief from Stay
Fifth Third Bank vs. DEBTORS (Motion filed 11/12/19)
Re: 2016 SUZUKI GSX-S1000FAL6 ABS
EH
(Tele. appr. Austin Nagel, rep. creditor, Fifth Third Bank)
Docket 9
Tentative for 12/17/19 is to DENY.
Movant possesses an equity cushion of 29.49%. See, Movant's Declaration at
¶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 are excused.
Debtor(s):
Christoper Adams McCreight Represented By Nicholas M Wajda
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney
Santander Consumer USA Inc. vs. DEBTORS, Steven M. Speier, trustee (Motion filed 11/20/19)
Re: 2011 Kia Forte, KNAFU4A29B5422146
EH
(Tele. appr. Sheryl Ith, rep. Santander)
Docket 12
Tentative for 12/17/19:
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):
Timothy Pope Represented By Todd L Turoci
Joint Debtor(s):
Donna Pope Represented By
Todd L Turoci
10:00 AM
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
Wedgewood -Office of the General Counsel - movant attorney Motion for Relief from sty
Civic Ventures, LLC vs. DEBTOR (Motion filed 11/15/19)
Re: 5708 Brushton Street, Los Angeles, CA 90008 EH
(Tele. appr. Amelia Valenzuela, rep, Civic Ventures LLC)
Docket 15
Tentative for 12/17/19 is to CONTINUE this matter to January 7, 2020 at 10:00 a.m. for the purposes of allowing Movant to (1) effectuate proper service upon Fay Servicing, LLC, the entity scheduled by Debtor as the applicable creditor, as required by LBR 4001-1(c)(1)(C)(iv); and, (2) file an amended declaration in support, as ¶1 of Movant's declaration was partially incomplete.
Appearances are excused.
Debtor(s):
Eric Lee Tavious Hill Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Bonial & Associates, P.C. - movant attorney Motion for Relief from Stay
Toyota Motor Credit Corporation vs. DEBTOR (Motion filed 11/14/19)
Re: 2018 TOYOTA HIGHLANDER
EH
(Tele. appr. Austin Nagel, rep. Toyota)
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):
Williams Angulo Flores Represented By Christopher Hewitt
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Nissan Motor Acceptance Corporation vs. DEBTOR; ARTURO CISNEROS, TRUSTEE
(Motion filed 11/21/19)
RE: 2018 Nissan Sentra, VIN 3N1AB7AP7JY343644
EH
(Tele. appr. Sheryl Ith, rep. Nissan)
Docket 9
Tentative for 12/17/19:
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):
Martina Lorena Torres Represented By Daniel King
10:00 AM
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
Hamaira Sadat - moving party Motion for Relief from Stay
Homaira Sadat vs. DEBTOR (Motion filed 11/26/19)
Re: ACTION IN NON-BANKRUPTCY FORUM
EH
Docket 14
Tentative for 12/17/19:
The Court is inclined to Continue this matter to January 7, 2020 at 10:00 a.m. to allow Movant to (1) provide proper notice and, (2) submit supplemental pleadings for the purpose of providing more information regarding the scope of the relief sought.
The notice of the motion did not state when an opposition is due, as required by LBR 9013-1(c)(2). Further, although Movant attached the request filed in State Court as an exhibit, it does not appear that the entire document was filed. Although it references an attachment, the attachment itself is not included in the motion filed with this Court.
The stay does not apply to the extent that Movant seeks relief from stay regarding the "establishment or modification of an order for domestic support obligations." See, §362(b)(2)(A)(ii). It does apply, however, to the determination of the division of any property. See, §362(b)(2)(A)(iv).
Therefore, the Court requires more information regarding the scope of the relief sought by Movant.
Appearances required.
10:00 AM
Debtor(s):
Bisher Adnan Takriti Represented By Alan A Pace
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. DEBTOR and Karl T Anderson, Trustee (Motion filed 11/22/19)
Re: 2014 Nissan Sentra, VIN 3N1AB7AP3EY229467
EH
(Tele. appr. Sheryl Ith, rep. Santander)
Docket 13
Tentative for 12/17/19:
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):
Evangelina Lopez Represented By Christopher Hewitt
10:00 AM
Trustee(s):
Karl T Anderson (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; HOWARD GROBSTEIN (Motion filed 11/14/19)
RE: 2017 Honda Accord, VIN: 1HGC R2F1 3HA0 87091
EH
Docket 11
Tentative for 12/17/19:
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):
Denalonor Zuniga Represented By Stephen H Darrow
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
Law Offices of Rashid Shamim - movant attorney Motion for Relief from Stay
Atenogenes Galarza Rodriguez vs DEBTOR (Motion filed 11/18/19)
Re: Atenogenes Galarza vs DR Express Inc and Dina Zuniga Docket Number: ADJ11418667 & ADJ 11418689
EH
Docket 14
Tentative for 12/17/19 is to CONTINUE this matter to January 7, 2020 at 10:00 a.m. for the purposes of allowing Movant to effectuate proper service upon Debtor as required by LBR 4001-1(c)(1)(C)(i).
Appearances are excused.
Debtor(s):
Denalonor Zuniga Represented By Stephen H Darrow
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
Halavais & Associates, APC - movant attorney Motion for Relief from Stay
ITEC Financial, Inc. vs. DEBTOR (Motion filed 11/27/19)
Re: VACANT LAND (APN 470-450-016-1)
EH
Docket 12
Tentative for 12/17/19:
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 a scheme to delay creditor's enforcement activities involving multiple filings affecting the property and transfers of a partial interest without Movant's consent.
Note: No court appearance by Movant is required. Should an opposing party
10:00 AM
appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Marina Campos Pro Se
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
Halavias & Associates, APC - movant attorney Motion for Relief from Stay
ITEC Financial Inc. vs. DEBTOR (Motion filed 11/27/19)
Re: VACANT LAND (APN 350-031-009-3, 350-140-001-2, 350-140-002-3,
350-020-001-1), Menifee, California EH
Docket 13
Tentative for 12/17/19:
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 a scheme to delay creditor's enforcement activities involving multiple filings affecting the property and transfers of a partial interest without Movant's consent.
10:00 AM
Note: No court appearance by Movant is required. Should an opposing party appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Marina Campos Pro Se
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
William E. Winham - movant attorney Motion for Relief from Stay
Gurinderpal Kakar vs. DEBTOR (Motion filed 12/6/19)
Re: 9193 Birchwood Ct., Hesperia 92344
Docket 6
Tentative for 12/17/19:
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 appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Traonna Monisha Rogers 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 0
Tentative for 12/17/19 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):
Scot Brian Lynch Represented By Robert L Firth
Joint Debtor(s):
Kimberly Ann Lynch Represented By Robert L Firth
Trustee(s):
Howard B Grobstein (TR) Pro Se
11:00 AM
Hrg. on approval of trustee's final report and applications for compensation EH
Docket 25
Tentative for 12/17/19 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):
Alfonso Rosales Represented By William Radcliffe
Trustee(s):
Robert Whitmore (TR) Pro Se
11:00 AM
Hrg. on approval of trustee's final report and applications for compensation EH
Docket 0
Tentative for 12/17/19 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):
Hugh Milton Lindo Represented By Steven A Alpert
Trustee(s):
Charles W Daff (TR) Pro Se
11:00 AM
Hrg. on Prologis, L.P. Motion filed 11/26/19 for Order Approving Agreement Relating to Relief from the Automatic Stay
EH
(Tele. appr. Michael Lubic, rep. creditor, Prologis LP)
Docket 172
Tentative for 12/17/19 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):
SIF Services, LLC Represented By Steven R Fox
W. Sloan Youkstetter Janis G Abrams Michael B Lubic
Trustee(s):
Larry D Simons (TR) Pro Se
11:00 AM
Hrg. on Debtor's Motion for Order Redeeming Vehicles EH
(Tele. appr. Sheryl Ith, rep creditor, Santander)
Docket 18
Tentative for 12/17/19 is to DENY without prejudice. Debtor has not met the standards for redemption under §722, as §722 requires exemption and abandonment of the property to be redeemed.
Further, Debtor's Request to Take the Motion Off Calendar [Dk. 18] is DENIED, as it does not comply with LBR 9013-1(k) and FRBP 7041.
Appearances are excused.
Opposing Party to lodge an order within seven (7) days.
Debtor(s):
Julio C Siqueiros Represented By Leonard J Cravens
Movant(s):
Julio C Siqueiros Represented By Leonard J Cravens Leonard J Cravens
Trustee(s):
Charles W Daff (TR) Pro Se
1:30 PM
Hrg. on Chapter 11 Status Conference (Cont. from 8/13/19)
EH
(Tele. appr. Janet Gertz, rep. creditor, Minority Trust)
Docket 0
Tentative for 12/17/19:
Appearances required.
**************************************************************************** Tentative for 8/13/19:
This matter is CONTINUED to December 17, 2019 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
*************************************************************************** Tentative for 4/30/19:
The Court has received and reviewed the Status Reports filed by Debtor [Dk. 1109] and Minority Voting Trust [Dk. 1110] on April 16, 2019. This matter is CONTINUED to August 13, 2019 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
1:30 PM
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 Creditor, The Minority Voting Trust Objection to claim of Esther Veyna EH
(Tele. appr. Janet Gertz, rep. creditor, Minority Trust)
Docket 0
Tentative for 12/17/19:
The Court seeks to inquire whether the Parties desire an evidentiary hearing on this matter.
Appearances 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 BPP Shiraz Arch 3 LP Motion filed 7/30/19 For Allowance and to Compel Payment of Administrative Rent Claim
EH
(Cont. from 10/3/19)
Docket 129
- NONE LISTED -
Debtor(s):
SIF Services, LLC Represented By Steven R Fox
W. Sloan Youkstetter Janis G Abrams Michael B Lubic
Movant(s):
BPP Shiraz Arch 3 LP, Successor in Represented By
Keith C Owens
Trustee(s):
Larry D Simons (TR) Pro Se
1:30 PM
Adv#: 6:19-01031 Mathias et al v. United States Department of Education et al
PRE-TRIAL CONFERENCE re: Complaint by Timothy Edward Mathias, Kirt Lee Edly against United States Department of Education, Ed Financial Services- 523(a)(8)
EH
Docket 1
- NONE LISTED -
Debtor(s):
Timothy Edward Mathias Represented By Jenny L Doling
Defendant(s):
United States Department of Pro Se
Edfinancial Services Pro Se
Joint Debtor(s):
Kirt Lee Edly Represented By
Jenny L Doling
Plaintiff(s):
Timothy Edward Mathias Represented By Jenny L Doling
Kirt Lee Edly Represented By
1:30 PM
Trustee(s):
Jenny L Doling
Lynda T. Bui (TR) Pro Se
1:30 PM
Adv#: 6:19-01134 Cube v. Haro et al
STATUS CONFERENCE re: Complaint by Abigael Cube against Harry Haro, Lagrimas Haro for Determination of Dischargeability of Debt Pursuant to 11 USC Section 523(a)(3), 11 USC 523(a)(4)
EH
Docket 1
- NONE LISTED -
Debtor(s):
Harry Haro Represented By
Andrew M Rosenfeld James F Drake
Defendant(s):
Harry Haro Pro Se
Lagrimas Haro Pro Se
Joint Debtor(s):
Lagrimas Haro Represented By James F Drake
Plaintiff(s):
Abigael Cube Represented By Gene Koon
Trustee(s):
Larry D Simons (TR) Pro Se
1:30 PM
Adv#: 6:19-01086 United States Trustee for the Central District of v. Obrien et al
Hrg. on U.S. Trustee's Motion filed 11/15/19 for Default Judgment EH
Docket 16
Tentative for 12/18/19 is to GRANT.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Plaintiff is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Plaintiff will be so notified.
Plaintiff to lodge an order within seven (7) days.
Debtor(s):
John Obrien Represented By
Christopher J Murtagh
Defendant(s):
John Obrien Pro Se
Tracy Obrien Pro Se
Joint Debtor(s):
Tracy Obrien Represented By
Christopher J Murtagh
Plaintiff(s):
United States Trustee for the Central Represented By
Everett L Green
1:30 PM
Trustee(s):
Todd A. Frealy (TR) Represented By Christopher J Murtagh Michelle A Marchisotto
1:30 PM
Adv#: 6:19-01086 United States Trustee for the Central District of v. Obrien et al
STATUS CONFERENCE re: Complaint by United States Trustee for the Central District of California, Region 16 against John Obrien, Tracy Obrien - 727(c),(d),(e)
(Cont. from 12/4/19) EH
Docket 1
Tentative for 12/18/19:
This matter is CONTINUED to February 19, 2020 at 1:30 p.m. as a holding date pending entry of the order on the motion for default judgment and dismissal of the remaining claim. If the action is still pending by the time of the continued status conference hearing, a status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
John Obrien Represented By
Christopher J Murtagh
Defendant(s):
John Obrien Pro Se
Tracy Obrien Pro Se
1:30 PM
Joint Debtor(s):
Tracy Obrien Represented By
Christopher J Murtagh
Plaintiff(s):
United States Trustee for the Central Represented By
Everett L Green
Trustee(s):
Todd A. Frealy (TR) Represented By Christopher J Murtagh Michelle A Marchisotto
1:30 PM
Adv#: 6:19-01045 Daff, Chapter 7 Trustee v. Jimenez
STATUS CONFERENCE re: Complaint by Charles W. Daff, Chapter 7 Trustee against Rocio Jimenez - 542 turnover of property
(Cont. from 9/18/19)
EH
Docket 1
- NONE LISTED -
Debtor(s):
Luis Manuel Jimenez Represented By Brian J Soo-Hoo
Defendant(s):
Rocio Jimenez Pro Se
Plaintiff(s):
Charles W. Daff, Chapter 7 Trustee Represented By
Brandon J Iskander
Trustee(s):
Charles W Daff (TR) Represented By Brandon J Iskander Lynda T Bui
1:30 PM
Adv#: 6:19-01091 Commonwealth Land Title Insurance Company v. Ortiz et al
STATUS CONFERENCE Re: Complaint by Commonwealth Land Title Insurance Company against Jason Ortiz, Brianna Ortiz - §§ 523(a)(2), (a)(6)
EH
(Cont. from 11/20/19)
(Tele. appr. Karen Ragland, rep. Assignee of Record, Commonwealth Land title Inc. Co.
Docket 1
Tentative for 12/18/19:
Appearances required.
The parties filed a late joint status report which is not in compliance with LBR 7016-1(a)(2). The Court will excuse the failure to follow the local rules in this instance, but the parties are cautioned that future compliance is required.
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: May 1, 2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: June 11, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
Pretrial conference: July 15, 2020 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 monetary
1:30 PM
and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.
Plaintiff is to lodge a scheduling order within seven (7) days.
*************************************************************************** Tentative for 09/04/19:
The Court has reviewed the Motion for Relief from Default Judgement [Dk. 13] filed on August 12, 2019, by Debtors Jason Ortiz and Brianna Ortiz. In light of the foregoing, the Court finds good cause to set that matter for hearing, and will CONTINUE this status conference, to November 20, 2019 at 1:30 p.m. A status report is due 14 days in advance.
Appearances are excused.
Debtor(s):
Jason Ortiz Represented By
Natalie A Alvarado
Defendant(s):
Jason Ortiz Pro Se
Brianna Ortiz Pro Se
Joint Debtor(s):
Brianna Ortiz Represented By Natalie A Alvarado
Plaintiff(s):
Commonwealth Land Title Insurance Represented By
Karen A Ragland
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
Adv#: 8:19-01088 TD REO Fund LLC v. Sage et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Avoid And Recover Fraudulent Transfers
[11 U.S.C. Sections 544, 548(a)(1)(A) And (B), 550(a)(1) And (2) And California Civil Code Section 3439, et seq.]
(Complaint filed 5/15/19)
(Another Summons issued 9-27-19) FR: 8-8-19; 11-7-19
Docket 1
Tentative for 8/08/19:
This matter is CONTINUED to November 7, 2019 at 11:00 a.m. A status report (whether joint or unilateral) is due 14 days in advance.
Appearances are excused.
Debtor(s):
TD REO Fund LLC Represented By
Lei Lei Wang Ekvall Robert S Marticello Kyra E Andrassy
Defendant(s):
Loisanne Sage Pro Se
Loisanne Sage as the trustee of the Pro Se
10:00 AM
Plaintiff(s):
TD REO Fund LLC Represented By Michael W Davis
10:00 AM
Adv#: 8:18-01006 Richard A. Marshack, Chapter 7 Trustee, v. Larson et al
CONT'D STATUS CONFERENCE Hearing RE: Status Of Appeal 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 Preserve Collateral Securing Their Claims; And
Damages For Violations Of Section 807 Of The FDCPA, 15 U.S.C. Section 1692e
[STATUS CONFERENCE AS TO PETER KOTE, BANK OF AMERICA; DANIEL KEITH LARSON, AND ERIN ELLEN LARSON]
(Complaint filed 1/9/18) (PTC set at S/C held 3/8/18) (S/C set per Order Entered 10-9-18)
[Holding Date]
FR: Advanced from 4-18-18; 9-19-18; 12-5-18; 2-20-19; 2-27-19; 3-20-19;
5-15-19; 8-14-19
Docket 1
Tentative for 12/18/19:
This matter is CONTINUED to March 18, 2020, at 11:00 a.m. If all appeals have not been completed and the case has not been dismissed, a status report is due 14 days in advance.
Appearances are excused
************************************************************************** Tentative for 8/14/19:
This matter is CONTINUED to December 18, 2019, at 11:00 a.m. If all
10:00 AM
appeals have not been completed and the case has not been dismissed, a status report is due 14 days in advance.
Appearances are excused.
*************************************************************************** Tentative for 5/15/19:
This matter is CONTINUED to August 14, 2019, at 10:00 a.m., as a holding date to allow resolution of any issues related to the appeal of the Order Approving Settlement between Trustee and Peter Kote.
If all appeals have not been completed and the case has not been dismissed, a status report is due 14 days in advance.
Appearances are excused.
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
10:00 AM
Adv#: 8:18-01064 Marshack v. Castanon et al
CONT'D PRE-TRIAL CONFERENCE Hearing RE: First Amended Complaint:
To Recover Unlawful Dividends;
To Avoid And Recover Fraudulent Transfers Under 11 U.S.C. Sections 544(b) And 550 And California Civil Code Section 3439.04(a)(1);
To Avoid And Recover Pre-Petition Transfers Under 11 U.S.C. Sections 544(b) And 550 And California Civil Code Section 3439.04(a)(2);
To Avoid Pre-Petition Transfers Pursuant To 11 U.S.C. Sections 544(b) And California Civil Code Section 3439.05;
To Avoid Pre-Petition Transfers Pursuant To 11 U.S.C. Section 548(a)(1)(B)
To Avoid Pre-Petition Transfer Pursuant To 11 U.S.C. Section 549(a) (First Amended Complaint filed 1/3/19)
(Another Summons issued 2/15/19) (PTC set at S/C held 5/15/19)
FR: 4-3-19; 5-15-19
Docket 1
- NONE LISTED -
Debtor(s):
Luminance Recovery Center, LLC Represented By
Jeffrey I Golden Beth Gaschen
Defendant(s):
Michael Edward Castanon Represented By
10:00 AM
Rhonda Walker
BeachPointe Investments, Inc. Pro Se
George Bawuah Pro Se
Jerry Bolnick Pro Se
Jonathan Blau Pro Se
Joseph Bolnick Pro Se
Maria Castanon Pro Se
Kenneth Miller Pro Se
Peter Van Petten Pro Se
Raymond Midley Pro Se
Veronica Marfori Pro Se
Plaintiff(s):
Richard A. Marshack Represented By Sharon Oh-Kubisch
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays David Wood Kyra E Andrassy Jeffrey I Golden Beth Gaschen
10:00 AM
Adv#: 8:19-01109 Ho Jung Kim DDS, Inc. v. Dao et al
Hearing RE: Plaintiff's Motion For Summary Judgment Or, In The Alternative,
Summary Adjudication Against Debtor-Defendant Huy Quang Dao (Motion filed 11/6/19)
Docket 12
Tentative for 12/18/19:
Before the Court is a Motion for Summary Judgment. Plaintiff argues that it is entitled to judgment as a matter of law on the nondischargeability action under §§ 523(a)(2)(A) and 523(a)(6) based on the preclusive effect of a default judgment rendered against Defendant Huy Quang Dao for multiple causes of action.
While default judgments carry preclusive effect, California courts have applied such preclusive effect only where the record shows that the trial court made an express finding or necessarily decided an issue in the prior proceeding. In re Cantrell, 329 F.3d 1119 (9th Cir. 2003). A court's silence concerning a pleaded allegation does not constitute adjudication of the issue. In re Harmon, 250 F.3d at 1247 (9th Cir. 2001).
The Court is inclined to DENY the motion for summary judgment for the following reasons:
Plaintiff fails to demonstrate that the trial court made express findings or necessarily decided the issues required by §§ 523(a) (2)(A) and 523(a)(6) by virtue of the default judgment.
Even if the Court were to assume, based on the award of attorneys fees, that the trial court necessarily decided the Violation of Cal. Penal Code § 502 cause of action, Plaintiff fails to demonstrate which of the four violations plead was found to have occurred. Without this information, the Court cannot find
10:00 AM
intent to deceive.
Even if all of the violations plead were found to have occurred, the motion would fail as to § 523(a)(2)(A), because the violations fail to support a finding of justifiable reliance.
As a result, there remains genuine issue of material fact and the Movant is not entitled to judgment as a matter of law. Fed. R. Civ. P. 56(c).
Appearances required.
Debtor(s):
Huy Quang Dao Represented By Denise Ho
Defendant(s):
Huy Quang Dao Represented By Denise Ho
Kellie Ho Ta Represented By
Denise Ho
Joint Debtor(s):
Kellie Ho Ta Represented By
Denise Ho
Plaintiff(s):
Ho Jung Kim DDS, Inc. Represented By Christian T Kim
Trustee(s):
Weneta M Kosmala (TR) Pro Se
10:00 AM
Adv#: 8:19-01190 Murray v. Zahedi
STATUS CONFERENCE Hearing RE: Complaint To Determine Debt Nondischargeable Pursuant To 11 U.S.C. Sections 523(a)(2) And (6) (Complaint filed 9/20/19)
Docket 1
Tentative for 12/18/19:
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: April 15, 2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: May 30, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
Pretrial conference: July 1, 2020 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 monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.
Plaintiff is to lodge a scheduling order within seven (7) days.
Debtor(s):
Charles S Zahedi Represented By
Catherine Christiansen
Defendant(s):
Charles S Zahedi Pro Se
10:00 AM
Plaintiff(s):
Patricia Murray Represented By Thomas J Eastmond
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
Adv#: 8:19-01198 Moersch v. Zahedi
STATUS CONFERENCE Hearing RE: Complaint Objecting To Discharge Of Debt:
False Pretenses, False Representation, Fraud [11 U.S.C. Section 523(a)(2)(A)]
Wilful And Malicious Injury [11 U.S.C. Section 523(a)(6)] (Complaint filed 9/30/19)
Docket 1
Tentative for 12/18/19:
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: April 15, 2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: May 30, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
Pretrial conference: July 1, 2020 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 monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.
Plaintiff is to lodge a scheduling order within seven (7) days.
Debtor(s):
Charles S Zahedi Represented By
Catherine Christiansen
10:00 AM
Defendant(s):
Charles S Zahedi Pro Se
Plaintiff(s):
Carlo Moersch Represented By Jeffrey D Schreiber
Trustee(s):
Richard A Marshack (TR) Pro Se
11:00 AM
Hearing RE: Motion To Reopen Chapter 7 Case To File Motion For The Trustee To Abandon The Asset Or File Adversary Complaint
(Motion filed 11/5/19)
Docket 30
- NONE LISTED -
Debtor(s):
Martha Lucrecia Diaz Represented By Dennise S Henderson
Trustee(s):
Weneta M Kosmala (TR) Pro Se
11:00 AM
CONT'D Hearing RE: Motion For An Order To Show Cause To Hold In Contempt Of Discharge Injuction: (1) Sharon Deon Sims, (2) Daniel Keith Larson and (3) Erin Ellen Larson; Compensatory Damages, Attorneys Fees And Costs As Sanctions For Violating The Discharge Injunction
(Motion 10/29/19) FR: 11-20-19
Docket 189
Tentative for 12/18/19 is to GRANT the motion for issuance of an order to show cause ("OSC"). The Court will set the hearing on the OSC for January 22, 2020, at 11:00 a.m. Any opposition to the OSC must be filed by no later than January 1, 2020, with a reply to the opposition filed by no later than January 8, 2020.
Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, 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 11/20/19:
The Court will CONTINUE this matter to December 18, 2019 at 11:00 a.m. as the Movant has failed to properly serve all parties pursuant to LBR 9013-1 and 9013-3.
Accordingly, no hearing will be held on 11/20/19 and appearances are excused.
11:00 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
Adv#: 8:18-01212 Saab et al v. Conkey
CONT'D STATUS CONFERENCE Hearing RE: Second Amended Complaint To Determine Dischargeability Of Debt
(Complaint filed 12/3/18)
Advanced from 11/6/19 - Order Entered 8-15-19) (Second Amended Complaint filed 3/19/19)
FR: 2-27-19; 5-1-19; 5-15-19; advanced from 11-6-19; 9-18-19
Docket 22
Tentative for 12/18/19:
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: June 15, 2020. Note: this is the date by which all discovery motions must be heard and resolved.
Motion cutoff: July 31, 2020. Note: this is the date by which all non- discovery motions must be heard and resolved.
Pretrial conference: September 2, 2020 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 monetary and non-monetary sanctions, including the striking of the answer and dismissal of the complaint.
Plaintiff is to lodge a scheduling order within seven (7) days.
************************************************************************* Tentative for 09/18/19:
11:00 AM
This matter is CONTINUED to 12/18/19 at 11:00 a.m. A status report is due 14 days in advance.
*********************************************************************** Tentative for 5/14/19:
The Court has determined that this matter is appropriate for disposition without a hearing and will not hear oral argument. An order will be issued shortly.
No appearances will be permitted.
***************************************************************************** Tentative for 5/01/19:
This matter is CONTINUED to 5/15/19 at 10:00 a.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 2/27/19 is to CONTINUE to 5/1/19 at 11:00 a.m. A status report is due 14 days in advance.
Debtor(s):
James L Conkey Represented By Laleh Ensafi
Defendant(s):
James L Conkey Pro Se
Plaintiff(s):
Camil Saab Represented By
Douglas Jaffe
11:00 AM
Helou Saab, Inc. Represented By Douglas Jaffe
Trustee(s):
Jeffrey I Golden (TR) Pro Se
11:00 AM
Adv#: 8:19-01004 Law Offices of Michelle J. Sukhov, Inc. v. McKenna
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint Objecting To Debtor's Discharge Under 11 U.S.C. Section 727 And For Nondischargeability Of Debt Under 11 U.S.C. Section 523(a)(2)
(Complaint filed 1/4/19) FR: 4-3-19
Docket 1
Tentative for 12/18/19:
Appearances required. Counsels should be prepared to discuss trial scheduling.
Potential available trial dates are:
Week of February 24, 2020
March 16-17, 2020
March 23-24, 2020
April 6-8, 2020
Week of April 20, 2020
**************************************************************************** Tentative for 4/3/19:
The Court is inclined to set the following dates/deadlines:
Discovery cutoff: September 30, 2019. Note: this date includes the date by which all discovery motions must be heard and resolved.
Motion cutoff: November 15, 2019. Note: this date includes the date by which all non-discovery motions must be heard and resolved.
11:00 AM
4. Pretrial conference: December 18, 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.
Debtor(s):
Tim M. McKenna Represented By Michael G Spector
Defendant(s):
Tim M. McKenna Pro Se
Plaintiff(s):
Law Offices of Michelle J. Sukhov, Represented By
Michelle J Nelson
Trustee(s):
Jeffrey I Golden (TR) Represented By Ryan W Beall Reem J Bello
11:00 AM
Hearing RE: Chapter 7 Trustee's Motion For Order Disallowing Late filed Claims:
(Motion filed 11/15/19)
Claim No. 19 Wells Fargo Bank, N.A. $43,383.05
Claim No. 20 Wells Fargo Bank, N.A. $43,157.97
Docket 293
- NONE LISTED -
Debtor(s):
Brooks T Morgan Represented By
Catherine Christiansen
Trustee(s):
Thomas H Casey (TR) Represented By Thomas H Casey Jeffrey I Golden
10:00 AM
CONT'D Motion for relief from stay [Real Property]
Wilmington Savings Fund Society, FSB, D/B/A Christiana Trust, Not Individually But As Trustee For Pretium Mortgage Acquisition Trust vs. DEBTORS
(Motion filed 10/15/19)
[RE: 364 Princeton Drive, Costa Mesa, California 92626]
FR: 11-7-19
Docket 28
Tentative for 12/19/19:
This matter has been continued to 2/20/20 at 10:00 a.m. per stipulation of the parties.
Hearing vacated.
Debtor(s):
Mark Kevin Echan Represented By Stephen L Burton
Joint Debtor(s):
Ilysse Sorelle Kracow Represented By Stephen L Burton
Trustee(s):
Karen S Naylor (TR) Pro Se
10:00 AM
Motion for relief from stay [Real Property]
Wells Fargo Bank, N.A. vs. DEBTORS (Motion filed 11/27/19)
(Amended Motion filed 12/3/19)
[RE: 9 Verano, Foothill Ranch, California 92610]
Docket 41
- NONE LISTED -
Debtor(s):
Hussein Salah Suheimat Represented By Michael A Cisneros
Joint Debtor(s):
Lucy Emmanuel Shirajian Represented By Michael A Cisneros
Trustee(s):
Karen S Naylor (TR) Pro Se
10:00 AM
Hearing RE: Debtor's Motion To Avoid Lien Under 11 U.S.C. Section 522(f) (Real Property) With Citibank, National Association
(Motion filed 12/10/19)
(OST Signed 12-11-19)
[RE: 35 Melrose Drive, Mission Viejo, CA 92692]
Docket 25
Tentative for 12/19/19 is to GRANT.
Note: No court appearance by Movant is required. Should an opposing party appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Frank Daniel Wright Represented By Lawrence P Bellomo Anerio V Altman
Joint Debtor(s):
Jo Ann Wright Represented By Lawrence P Bellomo Anerio V Altman
Trustee(s):
Thomas H Casey (TR) Pro Se
10:00 AM
Hearing RE: Debtor's Motion To Avoid Lien Under 11 U.S.C. Section 522(f) (Real Property) With Discover Bank
(Motion filed 12/10/19)
(OST Signed 12-11-19)
[RE: 35 Melrose Drive, Mission Viejo, CA 92692]
Docket 26
Tentative for 12/19/19 is to GRANT.
Note: No court appearance by Movant is required. Should an opposing party appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Frank Daniel Wright Represented By Lawrence P Bellomo Anerio V Altman
Joint Debtor(s):
Jo Ann Wright Represented By Lawrence P Bellomo Anerio V Altman
Trustee(s):
Thomas H Casey (TR) Pro Se
10:00 AM
Hearing RE: Debtor's Motion To Avoid Lien Under 11 U.S.C. Section 522(f) (Real Property) With GCFS, Inc.
(Motion filed 12/10/19)
(OST Signed 12-11-19)
[RE: 35 Melrose Drive, Mission Viejo, CA 92692]
Docket 27
Tentative for 12/19/19 is to GRANT.
Note: No court appearance by Movant is required. Should an opposing party appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Frank Daniel Wright Represented By Lawrence P Bellomo Anerio V Altman
Joint Debtor(s):
Jo Ann Wright Represented By Lawrence P Bellomo Anerio V Altman
Trustee(s):
Thomas H Casey (TR) Pro Se
10:00 AM
Hearing RE: Debtor's Motion To Avoid Lien Under 11 U.S.C. Section 522(f) (Real Property) With Vion Holdings, LLC
(Motion filed 12/10/19)
(OST Signed 12-11-19)
[RE: 35 Melrose Drive, Mission Viejo, CA 92692]
Docket 28
Tentative for 12/19/19 is to GRANT.
Note: No court appearance by Movant is required. Should an opposing party appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Frank Daniel Wright Represented By Lawrence P Bellomo Anerio V Altman
Joint Debtor(s):
Jo Ann Wright Represented By Lawrence P Bellomo Anerio V Altman
Trustee(s):
Thomas H Casey (TR) Pro Se
10:00 AM
Hearing RE: Debtor's Motion To Avoid Lien Under 11 U.S.C. Section 522(f) (Real Property) With Investment Retrievers, Inc.
(Motion filed 12/10/19)
(OST Signed 12-11-19)
[RE: 35 Melrose Drive, Mission Viejo, CA 92692]
Docket 29
Tentative for 12/19/19 is to GRANT.
Note: No court appearance by Movant is required. Should an opposing party appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Frank Daniel Wright Represented By Lawrence P Bellomo Anerio V Altman
Joint Debtor(s):
Jo Ann Wright Represented By Lawrence P Bellomo Anerio V Altman
Trustee(s):
Thomas H Casey (TR) Pro Se
10:00 AM
Hearing RE: Debtor's Motion To Avoid Lien Under 11 U.S.C. Section 522(f) (Real Property) With EGC Financial, LLC
(Motion filed 12/10/19)
(OST Signed 12-11-19)
[RE: 35 Melrose Drive, Mission Viejo, CA 92692]
Docket 30
Tentative for 12/19/19 is to GRANT.
Note: No court appearance by Movant is required. Should an opposing party appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.
Movant to lodge an order within seven (7) days.
Debtor(s):
Frank Daniel Wright Represented By Lawrence P Bellomo Anerio V Altman
Joint Debtor(s):
Jo Ann Wright Represented By Lawrence P Bellomo Anerio V Altman
Trustee(s):
Thomas H Casey (TR) Pro Se
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;
10-25-18; 4-18-19
Docket 16
Tentative for 12/19/19:
This matter is CONTINUED to May 14, 2020 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
**************************************************************************** Tentative for 4/18/19:
This matter is CONTINUED to December 19, 2019 at 11:00 a.m. A status report is due 14 days in advance.
Appearances are excused.
****************************************************************************** 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.
11:00 AM
****************************************************************************** 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
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; 10-25-18; 2-21-19;
5-2-19; 7-18-19
Docket 1
Tentative for 12/19/19:
This matter is CONTINUED to 01/09/20 at 11:00 a.m. to coincide with the hearing on the adequacy of Debtor's Amended Disclosure Statement. A status report is not required for this hearing.
Appearances are excused.
**************************************************************************** Tentative for 7/18/19 is to set a continued status conference date of November 21, 2019 at 11:00 a.m. with a status report due 14 days in advance.
Appearances required.
******************************************************************************* Tentative for 5/2/19:
Appearances required. The Court will set deadlines for the filing of a plan and disclosure statement.
******************************************************************************** Tentative for 10/25/18:
11:00 AM
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 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
Adv#: 8:19-01010 Luxury Asset Purchasing International, LLC v. Luxury Asset Lending, LLC
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint:
To Disallow Proof Of Claim;
To Avoid Incurrence Of Debt;
For Contractual Indemnity; And
Breach Of Contract (Complaint filed 1/9/19) (PTC set at S/C held 4/4/19)
FR: 4-4-19; 9-19-19
Docket 1
- 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 Corey R Weber Michael W Davis Kathy Bazoian Phelps Timothy W Evanston
11:00 AM
Defendant(s):
Luxury Asset Lending, LLC Pro Se
David Moore Pro Se
Jackman Industries, Inc. Pro Se
Plaintiff(s):
Luxury Asset Purchasing Represented By Kyra E Andrassy
11:00 AM
CONT'D Hearing RE Post Confirmation Report 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)
(Set at Fourth Amended Ch. 11 Plan hearing held 8/23/18) FR: 1-16-19; 4-18-19; 8-8-19
Docket 154
- 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: Order Directing David Drechsler, Esq. Of Buckingham, Doolitle And Burroughs, LLC To Appear And Show Cause Why The Order Approving His Employment Should Not Be Rescinded
(Set per Order Entered 9/13/19)
Docket 102
- NONE LISTED -
Debtor(s):
Wallace Raymond Steffen Jr Represented By Anerio V Altman
11:00 AM
Adv#: 8:19-01107 Steffen v. Steffen, Jr.
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Nondischargeability Of Debt
[11 U.S.C. Section 523(a)(4)]
(Complaint filed 6/4/19) FR: 9-5-19; 9-12-19
Docket 1
- NONE LISTED -
Debtor(s):
Wallace Raymond Steffen Jr Represented By Anerio V Altman
Defendant(s):
Wallace Raymond Steffen Jr. Represented By Anerio V Altman
Plaintiff(s):
Linda Steffen Represented By Christopher J Langley
11:00 AM
Hearing RE: Disclosure Statement Describing Chapter 11 Plan Of Reorganization
(D.S. filed 11/7/19)
Docket 39
Tentative for 12/19/19:
The Court has significant questions about the filed Disclosure Statement.
Appearances required.
Debtor(s):
Maria Julia Higueros Represented By Giovanni Orantes Luis A Solorzano
11:00 AM
Hearing RE: Order To Show Cause RE: Why Case Should Not Be Converted To A Chapter 7 Or Chapter 13 Or To Be Dismissed
(OSC set per Order Entered 9-13-19)
Docket 29
Tentative for 12/19/19:
Appearances required.
Debtor(s):
Maria Julia Higueros Represented By Giovanni Orantes Luis A Solorzano
11:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Case Management Conference And (2) Requiring Status Report
(Petition filed 7/15/19) FR: 9-12-19
Docket 1
Tentative for 12/19/19:
Appearances required.
*************************************************************************** Tentative for 09/12/19 is to set the dates/deadlines, as follows:
The deadline to file a plan and disclosure statement - November 7, 2019. Debtor is to set the hearing date for approval of the disclosure statement as December 19, 2019. Debtor's proposed deadline is shortened by one day to allow for compliance with LBR 3017-1(a) (notice of a disclosure statement hearing requires 42 days). The failure to timely file a plan and/or disclosure statement may result in the dismissal or conversion of the case.
Continued status conference - December 19, 2019 at 11:00 a.m. A status report is due 14 days in advance.
Appearances required.
Debtor is to submit a scheduling order within seven (7) days.
Debtor(s):
Maria Julia Higueros Represented By
11:00 AM
Giovanni Orantes Luis A Solorzano