2:00 PM

6:18-16698


Eva C. Gonzalez


Chapter 7


#1.00 CONT Trustee's Motion for an Order (1) Approving Sale of Real Property Free and Clear of Interests Under 11 U.S.C. section 363(f); (2) Approving the Proposed Overbid Prcedure; (3) Authorizing Payments from Sale Proceeds Including Brokers' Commission


From: 12/18/19 Also #2 & #3 EH     

Docket 34

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

1/3/20

Tentative Ruling:


12/18/19


BACKGROUND



On August 8, 2018, Eva Gonzalez ("Debtor") filed a Chapter 7 voluntary petition. Schedule A listed certain real property located at 1902 Penasco Grande, Perris, CA 92570 (the "Property"). Schedule A stated that Debtor owned the Property jointly with her ex-spouse. Schedule C claimed an exemption in the amount of $75,000. Schedule D listed a secured claim in the amount of $153,255.29. On November 19, 2018, Debtor received her discharge. Trustee subsequently employed bankruptcy counsel and a real estate broker.


On November 26, 2019, Trustee filed: (1) a motion for sale of the Property and related relief; and (2) a motion requiring Debtor to turn over the Property. Regarding the former, Trustee proposes to sell the Property to Nathalie Martin for $290,000.

2:00 PM

CONT...


Eva C. Gonzalez


Chapter 7

Pursuant to the terms of the sale motion, the sale proceeds would be distributed as follows: (a) $154,000 to Ocwen on account of a deed of trust; (b) $28,314.40 to First Technology Federal Credit Union on account of Claim 1; (c) $23,200 for costs of sale;

(d) $28,085.60 to Debtor; (e) $30,452 to Debtor’s ex-spouse; and (f) $25,948 for the bankruptcy estate.


The distribution of the potential sale proceeds in this case is somewhat unique due to a marital settlement agreement entered into between Debtor and her ex-spouse on September 11, 2017. The waterfall outlined in Trustee’s motion proposes that the deed of trust and costs of sale be deducted from the sale proceeds, leaving $112,800. Trustee then proposes to divide the resulting $112,800 so that $56,400 is attributable to Debtor’s interest in the Property and $56,400 is attributable to the interest of Debtor’s ex-spouse. Regarding the former, Trustee proposes to pay Claim 1, and return the remainder to Debtor on account of her homestead exemption. Regarding the latter, Trustee’s proposes to keep $25,948 on account of the "Bankruptcy Estate’s Claim against ex-spouse," while returning the remainder to the ex-spouse.


The marital settlement agreement, however, provides that "[t]he proceeds of the sale of the home shall be divided equally between the parties, minus any reimbursement owed to the other party." This provision appears to be in conflict with Trustee’s proposed distribution. Trustee’s distribution appears to assume that proceeds would be divided equally, with Debtor potentially holding a claim against her ex-spouse for reimbursements of certain pre-identified expenses. The quoted language of the marital settlement agreement, however, appears to provide for an automatic adjustment of the proceeds of the sale of the home to account for that reimbursement. When the Court applies that automatic adjustment to the sale proceeds here, the result is that $30,425 of the sale proceeds are attributable to the interest of Debtor’s ex-spouse, and the remaining $82,348 of the sale proceeds are attributable to the interest of Debtor. Of the $82,348 in proceeds attributable to the interest of Debtor, $28,314.40 would be used to satisfy Claim 1, leaving $54,033.60 to satisfy Debtor’s homestead exemption. Because Debtor has claimed a homestead exemption in the amount of $75,000, there would no remaining proceeds for the bankruptcy estate.


"Under the Code and California law, exemptions are to be construed broadly and liberally in favor of the debtor. Homestead exemptions, in particular, are to be construed liberally on behalf of the homesteader." In re Rolland, 317 B.R. 402, 413

2:00 PM

CONT...


Eva C. Gonzalez


Chapter 7

(Bankr. C.D. Cal. 2004) (citation omitted). Because the marital settlement agreement provided for an automatic adjustment of the sale proceeds to account for certain required reimbursements, that adjustment presumably needs to occur prior to determining what amount of the proceeds are attributable to Debtor’s interest and what amount is attributable to Debtor’s ex-spouse’s interest. Applying this adjustment prior to dividing up the proceeds between Debtor and Debtor’s ex-spouse appears to leave the bankruptcy estate with no unexempt sale proceeds. Because the entirety of the sale proceeds would then be distributed to Debtor, Debtor’s ex-spouse, and secured creditors, it is not clear that Trustee has satisfied the business judgment test. See, e.g., In re KVN Corp., Inc., 514 B.R. 1, 7 (B.A.P. 9th Cir. 2014) (quoting U.S. DOJ Exec. Office for U.S. Trs., Handbook for Chapter 7 Trustees at 4–16 (2012)) ("A trustee may sell assets only if the sale will result in a meaningful distribution to creditors.").


TENTATIVE RULING



Given the foregoing, the Court is inclined to CONTINUE the matter for Trustee to provide supplemental briefing on whether Debtor’s claimed homestead exemption applies to the reimbursements required by the marital settlement agreement, or for express consent from Debtor to the proposed allocation.


APPEARANCES REQUIRED.


Party Information

Debtor(s):

Eva C. Gonzalez Represented By Luis Aguilar

Movant(s):

Todd A. Frealy (TR) Represented By Lovee D Sarenas

Trustee(s):

Todd A. Frealy (TR) Represented By

2:00 PM

CONT...


Eva C. Gonzalez


Lovee D Sarenas


Chapter 7

2:00 PM

6:18-16698


Eva C. Gonzalez


Chapter 7


#2.00 CONT Motion for Turnover of Property -Trustees Motion for Order Requiring Debtor, and Persons Acting Under Her Direction for Immediate Turnover of a Residential Real Property of the Estate Pursuant to 11 U.S.C. § 542


From: 12/18/19 Also #1 & #3 EH     

Docket 38

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

1/3/20

Tentative Ruling:


12/18/19


BACKGROUND



On August 8, 2018, Eva Gonzalez ("Debtor") filed a Chapter 7 voluntary petition. Schedule A listed certain real property located at 1902 Penasco Grande, Perris, CA 92570 (the "Property"). Schedule A stated that Debtor owned the Property jointly with her ex-spouse. Schedule C claimed an exemption in the amount of $75,000. Schedule D listed a secured claim in the amount of $153,255.29. On November 19, 2018, Debtor received her discharge. Trustee subsequently employed bankruptcy counsel and a real estate broker.


On November 26, 2019, Trustee filed: (1) a motion for sale of the Property and related relief; and (2) a motion requiring Debtor to turn over the Property. Regarding the former, Trustee proposes to sell the Property to Nathalie Martin for $290,000.

Pursuant to the terms of the sale motion, the sale proceeds would be distributed as follows: (a) $154,000 to Ocwen on account of a deed of trust; (b) $28,314.40 to First

2:00 PM

CONT...


Eva C. Gonzalez


Chapter 7

Technology Federal Credit Union on account of Claim 1; (c) $23,200 for costs of sale;

(d) $28,085.60 to Debtor; (e) $30,452 to Debtor’s ex-spouse; and (f) $25,948 for the bankruptcy estate.


The distribution of the potential sale proceeds in this case is somewhat unique due to a marital settlement agreement entered into between Debtor and her ex-spouse on September 11, 2017. The waterfall outlined in Trustee’s motion proposes that the deed of trust and costs of sale be deducted from the sale proceeds, leaving $112,800. Trustee then proposes to divide the resulting $112,800 so that $56,400 is attributable to Debtor’s interest in the Property and $56,400 is attributable to the interest of Debtor’s ex-spouse. Regarding the former, Trustee proposes to pay Claim 1, and return the remainder to Debtor on account of her homestead exemption. Regarding the latter, Trustee’s proposes to keep $25,948 on account of the "Bankruptcy Estate’s Claim against ex-spouse," while returning the remainder to the ex-spouse.


The marital settlement agreement, however, provides that "[t]he proceeds of the sale of the home shall be divided equally between the parties, minus any reimbursement owed to the other party." This provision appears to be in conflict with Trustee’s proposed distribution. Trustee’s distribution appears to assume that proceeds would be divided equally, with Debtor potentially holding a claim against her ex-spouse for reimbursements of certain pre-identified expenses. The quoted language of the marital settlement agreement, however, appears to provide for an automatic adjustment of the proceeds of the sale of the home to account for that reimbursement. When the Court applies that automatic adjustment to the sale proceeds here, the result is that $30,425 of the sale proceeds are attributable to the interest of Debtor’s ex-spouse, and the remaining $82,348 of the sale proceeds are attributable to the interest of Debtor. Of the $82,348 in proceeds attributable to the interest of Debtor, $28,314.40 would be used to satisfy Claim 1, leaving $54,033.60 to satisfy Debtor’s homestead exemption. Because Debtor has claimed a homestead exemption in the amount of $75,000, there would no remaining proceeds for the bankruptcy estate.


"Under the Code and California law, exemptions are to be construed broadly and liberally in favor of the debtor. Homestead exemptions, in particular, are to be construed liberally on behalf of the homesteader." In re Rolland, 317 B.R. 402, 413 (Bankr. C.D. Cal. 2004) (citation omitted). Because the marital settlement agreement provided for an automatic adjustment of the sale proceeds to account for certain

2:00 PM

CONT...


Eva C. Gonzalez


Chapter 7

required reimbursements, that adjustment presumably needs to occur prior to determining what amount of the proceeds are attributable to Debtor’s interest and what amount is attributable to Debtor’s ex-spouse’s interest. Applying this adjustment prior to dividing up the proceeds between Debtor and Debtor’s ex-spouse appears to leave the bankruptcy estate with no unexempt sale proceeds. Because the entirety of the sale proceeds would then be distributed to Debtor, Debtor’s ex-spouse, and secured creditors, it is not clear that Trustee has satisfied the business judgment test. See, e.g., In re KVN Corp., Inc., 514 B.R. 1, 7 (B.A.P. 9th Cir. 2014) (quoting U.S. DOJ Exec. Office for U.S. Trs., Handbook for Chapter 7 Trustees at 4–16 (2012)) ("A trustee may sell assets only if the sale will result in a meaningful distribution to creditors.").


TENTATIVE RULING



Given the foregoing, the Court is inclined to CONTINUE the matter for Trustee to provide supplemental briefing on whether Debtor’s claimed homestead exemption applies to the reimbursements required by the marital settlement agreement, or for express consent from Debtor to the proposed allocation.


APPEARANCES REQUIRED.


Party Information

Debtor(s):

Eva C. Gonzalez Represented By Luis Aguilar

Movant(s):

Todd A. Frealy (TR) Represented By Lovee D Sarenas

Trustee(s):

Todd A. Frealy (TR) Represented By Lovee D Sarenas

2:00 PM

6:18-16698


Eva C. Gonzalez


Chapter 7


#3.00 Motion to Avoid Lien Real Property with First Technology Federal Credit Union Also #1 & #2

EH     


Docket 44


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Eva C. Gonzalez Represented By Luis Aguilar

Trustee(s):

Todd A. Frealy (TR) Represented By Lovee D Sarenas

11:00 AM

6:17-10811


Manuel Huertas


Chapter 13


#1.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 31089 Wellington Circle, Temecula, CA 92591


MOVANT: NATIONSTAR MORTGAGE LLC


EH     


Docket 61

*** VACATED *** REASON: CASE DISMISSED 12/17/19

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Manuel Huertas Represented By Marcella Lucente

Movant(s):

Nationstar Mortgage LLC Represented By

Melissa A Vermillion Darlene C Vigil

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:18-13015


Jason Allen Colleasure and Julia Ann Colleasure


Chapter 13


#2.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 5420 SWINGSTONE DRIVE, Hemet, California, 92545 UNDER 11 U.S.C. § 362.


MOVANT: FREEDOM MORTGAGE CORPORATION


EH     


Docket 35

Tentative Ruling: 1/7/20

Service: Proper Opposition: Yes

Parties to apprise the Court of the status of adequate protection discussions. APPEARANCES REQUIRED.

Party Information

Debtor(s):

Jason Allen Colleasure Represented By Dana Travis

Joint Debtor(s):

Julia Ann Colleasure Represented By Dana Travis

Movant(s):

Freedom Mortgage Corporation Represented By Christina J Khil Dane W Exnowski

11:00 AM

CONT...

Trustee(s):


Jason Allen Colleasure and Julia Ann Colleasure


Chapter 13

Rod Danielson (TR) Pro Se

11:00 AM

6:18-13111


Eusebia Rios


Chapter 13


#3.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 8921 Larkspur Drive, Fontana, CA 92335-1220


MOVANT: LOANCARE, LLC


EH     


Docket 37

*** VACATED *** REASON: ORDER ENTERED 1/6/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Eusebia Rios Represented By

Rebecca Tomilowitz

Movant(s):

LoanCare, LLC. Represented By Darlene C Vigil

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:18-15239


Amanda E Curry and Matthew L Curry


Chapter 13


#4.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 7232 Hermosa Avenue, Redondo, CA 91701


MOVANT: WILMINGTON SAVINGS FUND SOCIETY, FSB


From: 12/3/19 EH     

Docket 60

*** VACATED *** REASON: ORDER ENTERED 12/6/19

Tentative Ruling: Tentative Ruling:

12/3/19


Service: Proper Opposition: Debtor

Parties to apprise the court on adequate protection discussions, if any. APPEARANCES REQUIRED.

Party Information

Debtor(s):

Amanda E Curry Represented By Andy C Warshaw

Joint Debtor(s):

Matthew L Curry Represented By Andy C Warshaw

11:00 AM

CONT...

Movant(s):


Amanda E Curry and Matthew L Curry


Chapter 13

Wilmington Savings Fund Represented By Michelle R Ghidotti Lemuel Bryant Jaquez

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:18-17676


Patricia Ellen Bond-Gomez


Chapter 13


#5.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 12247 Ponce De Leon Drive, Moreno Valley, CA 92557


MOVANT: WILMINGTON SAVINGS FUND SOCIETY, FSB


EH        


Docket 71


Tentative Ruling:

1/7/2020


Service is Proper Opposition: Yes

Movant to apprise Court of status of arrears. APPEARANCES REQUIRED.

Party Information

Debtor(s):

Patricia Ellen Bond-Gomez Represented By John F Brady

Movant(s):

Wilington Savings Fund Society, Represented By

Dane W Exnowski Erin M McCartney

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:18-18457


Juan A Martinez


Chapter 13


#6.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 7420 Cherimoya Ct., Fontana, CA 92336


MOVANT: U.S. BANK TRUST NATIONAL ASSOCIATION


EH     


Docket 50

*** VACATED *** REASON: CASE DISMISSED 12/19/19

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Juan A Martinez Represented By Rebecca Tomilowitz

Movant(s):

US Bank Trust National Association, Represented By

Lemuel Bryant Jaquez D Anthony Sottile

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:18-20070


Alexander J Perfinowicz and Ingeborg Maria Pefinowicz


Chapter 13


#7.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 999 Pineridge Street, Upland, CA 91784


MOVANT: JPMORGAN CHASE BANK, NATIONAL ASSOCIATION


From: 12/3/19 EH     

Docket 50

*** VACATED *** REASON: ORDER ENTERED 12/23/19

Tentative Ruling: Tentative Ruling:

12/3/19


Service: Proper Opposition: Debtor


Parties to apprise the court on adequate protection discussions, if any. APPEARANCES REQUIRED.

Party Information

Debtor(s):

Alexander J Perfinowicz Represented By Manfred Schroer

Joint Debtor(s):

Ingeborg Maria Pefinowicz Represented By Manfred Schroer

11:00 AM

CONT...

Movant(s):


Alexander J Perfinowicz and Ingeborg Maria Pefinowicz


Chapter 13

JPMorgan Chase Bank, National Represented By

Nancy L Lee

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:18-20296


Daniel Lee Crump


Chapter 13


#8.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 7152 Magnolia Place,Fontana, CA, 92336 Under 11 U.S.C. § 362.


MOVANT: FREEDOM MORTGAGE CORPORATION


EH     


Docket 62


Tentative Ruling:

1/7/2020


Service is Proper Opposition: Yes

Parties to apprise Court of status of adequate protection discussions. APPEARANCES REQUIRED.

Party Information

Debtor(s):

Daniel Lee Crump Represented By Nicholas M Wajda

Movant(s):

Freedom Mortgage Corporation Represented By

Dane W Exnowski

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-10276


Julie Michelle Tsosie


Chapter 13


#9.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 14228 High Point Court, Adelanto, CA 92301


MOVANT: DITECH FINANCIAL LLC


EH         


Docket 51


Tentative Ruling:

1/7/2020


Service is Proper Opposition: None


The Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1). GRANT relief from Rule 4001(a)(3) stay. GRANT requests under ¶¶ 2, 3, and 12. DENY alternative request for adequate protection as moot.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

Debtor(s):

Julie Michelle Tsosie Represented By Alon Darvish

Movant(s):

Ditech Financial LLC Represented By Darlene C Vigil

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-10932


Malta Centeno Lambert


Chapter 13


#10.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 834 Hurstland Avenue, Beaumont, California 92223


MOVANT: CARRINGTON MORTGAGE SERVICES LLC


EH      


Docket 33


Tentative Ruling:

1/7/2020


Service is Proper Opposition: Late

Parties to apprise the Court of the status of adequate protection discussions, if any. APPEARANCES REQUIRED.

Party Information

Debtor(s):

Malta Centeno Lambert Represented By Yelena Gurevich

Movant(s):

Carrington Mortgage Services, LLC Represented By

Eric P Enciso Sean C Ferry Erin Elam

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-12482


Ramon Leo Delgado


Chapter 13


#11.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 10805 SPYGLASS DRIVE, Rancho Cucamonga, CA, 91730 UNDER 11 U.S.C. § 362.


MOVANT: NATIONSTAR MORTGAGE LLC


EH     


Docket 25


Tentative Ruling:

1/7/2020


Service is Proper Opposition: Late

Parties to apprise the Court of the status of adequate protection discussions, if any. APPEARANCES REQUIRED.

Party Information

Debtor(s):

Ramon Leo Delgado Represented By Brian J Soo-Hoo

Movant(s):

Nationstar Mortgage LLC D/B/A Represented By

Dane W Exnowski

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-12950


Edwina Brewer


Chapter 13


#12.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 3280 Stallion Street, Ontario, California 91761


MOVANT: SPECIALIZED LOAN SERVICING LLC


EH     


Docket 29

*** VACATED *** REASON: ORDER ENTERED 1/6/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Edwina Brewer Represented By Brian J Soo-Hoo

Movant(s):

Specialized Loan Servicing LLC Represented By

Kirsten Martinez

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-14847


Phonmany Phengphavong


Chapter 13


#13.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 2982 BAUTISTA ST, Riverside, CA, 92506 Under 11 U.S.C. § 362.


MOVANT: FREEDOM MORTGAGE CORPORATION


EH     


Docket 25


Tentative Ruling:

1/7/2020


Service is Proper Opposition: None


The Court is inclined to APPROVE the terms of the adequate protection agreement [Dkt. No. 27] filed by the parties on December 23, 2019, including relief from the

§ 1301(a) co-debtor stay.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

Debtor(s):

Phonmany Phengphavong Represented By Todd L Turoci

Movant(s):

Freedom Mortgage Corporation Represented By

Dane W Exnowski

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-18591


Bernardo Gomez and Gloria Gomez


Chapter 7


#14.00 Amended Motion (related document(s): 12 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2017 TOYOTA TACOMA


MOVANT: TOYOTA MOTOR CREDIT CORPORATION


EH     


Docket 16


Tentative Ruling:

1/7/2020


Service is Proper Opposition: None


The Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1). DENY request for relief pursuant to 11 U.S.C. § 362(d)(2) for lack of cause shown. Specifically, the Court notes that the evidence submitted in support of the motion indicates that Debtors do have equity in the subject collateral. GRANT relief from Rule 4001(a)(3) stay. GRANT request under ¶ 2.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

Debtor(s):

Bernardo Gomez Represented By Kevin Tang

Joint Debtor(s):

Gloria Gomez Represented By Kevin Tang

11:00 AM

CONT...

Movant(s):


Bernardo Gomez and Gloria Gomez


Chapter 7

Toyota Motor Credit Corporation Represented By

Kirsten Martinez

Trustee(s):

Charles W Daff (TR) Pro Se

11:00 AM

6:19-19466


Dragan Petrov and Adela Petrov


Chapter 7


#15.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2014 VOLKSWAGEN PASSAT VIN 1VWBT7A31EC108387


MOVANT: SANTANDER CONSUMER USA INC.


EH     


Docket 13


Tentative Ruling:

1/7/2020


Service is Proper Opposition: None


The Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1) and (2). GRANT relief from Rule 4001(a)(3) stay. GRANT request under ¶ 2. DENY alternative request for adequate protection as moot.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

Debtor(s):

Dragan Petrov Represented By Fred Edwards

Joint Debtor(s):

Adela Petrov Represented By

Fred Edwards

Movant(s):

Santander Consumer USA Inc. Represented By

11:00 AM

CONT...


Trustee(s):


Dragan Petrov and Adela Petrov


Sheryl K Ith


Chapter 7

Todd A. Frealy (TR) Pro Se

11:00 AM

6:19-19639


Fredrick Glenn Harrell


Chapter 7


#16.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2017 Hyundai Veloster, VIN KMHTC6AD4HU314193


MOVANT: SANTANDER CONSUMER USA INC


EH         


Docket 8


Tentative Ruling:

1/7/2020


Service is Proper Opposition: None


The Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1) and (2). GRANT relief from Rule 4001(a)(3) stay. GRANT request under ¶ 2. DENY alternative request for adequate protection as moot.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

Debtor(s):

Fredrick Glenn Harrell Represented By James P Doan

Movant(s):

Santander Consumer USA Inc. Represented By Sheryl K Ith

Trustee(s):

Karl T Anderson (TR) Pro Se

11:00 AM

6:19-19695


Victor L Sanchez and Sclenna Marian Sanchez


Chapter 7


#17.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2008 Toyota Sienna, VIN: 5TDZK22C08S200048


MOVANT: SANTANDER CONSUMER USA INC


EH         


Docket 17


Tentative Ruling:

1/7/2020


Service is Proper Opposition: None


The Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1) and (2). GRANT relief from Rule 4001(a)(3) stay. GRANT request under ¶ 2. DENY alternative request for adequate protection as moot.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

Debtor(s):

Victor L Sanchez Represented By Ruben Salazar

Joint Debtor(s):

Sclenna Marian Sanchez Represented By Ruben Salazar

Movant(s):

Santander Consumer USA Inc. Represented By

11:00 AM

CONT...


Trustee(s):


Victor L Sanchez and Sclenna Marian Sanchez

Sheryl K Ith


Chapter 7

Howard B Grobstein (TR) Pro Se

11:00 AM

6:19-19721


Kenneth Sam and Reginia Sam


Chapter 7


#18.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2007 TOYOTA CAMRY VIN 4T1BE46K17U193705


MOVANT: SANTANDER CONSUMER USA INC


EH      


Docket 15


Tentative Ruling:

1/7/2020


Service is Proper Opposition: None


11 U.S.C. § 365(p)(1) provides: "If a lease of personal property is rejected or not timely assumed by the trustee under subsection (d), the leased property is no longer property of the estate and the stay under section 362(a) is automatically terminated." Here, the deadline to assume the lease with Movant was December 30, 2019, pursuant to § 365(d). The lease not having been assumed, the automatic stay has already terminated as a matter of law. Therefore, the Court is inclined to DENY the motion as moot.


APPEARANCES REQUIRED.

Party Information

Debtor(s):

Kenneth Sam Represented By

Timothy S Huyck

Joint Debtor(s):

Reginia Sam Represented By

Timothy S Huyck

11:00 AM

CONT...

Movant(s):


Kenneth Sam and Reginia Sam


Chapter 7

Santander Consumer USA Inc. Represented By Sheryl K Ith

Trustee(s):

Karl T Anderson (TR) Pro Se

11:00 AM

6:19-19853


Marlejan Josue Alcaraz and Maria De Los Angeles Alcaraz


Chapter 7


#19.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2017 Ford F250, VIN: 1FT7W2BT0HEF38762


MOVANT: FORD MOTOR CREDIT COMPANY LLC


EH        


Docket 13


Tentative Ruling:

1/7/2020


Service is Proper Opposition: None


The Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1) and (2). GRANT relief from Rule 4001(a)(3) stay. GRANT request under ¶ 2. DENY alternative request for adequate protection as moot.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

Debtor(s):

Marlejan Josue Alcaraz Represented By Anerio V Altman

Joint Debtor(s):

Maria De Los Angeles Alcaraz Represented By Anerio V Altman

Movant(s):

Ford Motor Credit Company LLC Represented By

11:00 AM

CONT...


Trustee(s):


Marlejan Josue Alcaraz and Maria De Los Angeles Alcaraz

Sheryl K Ith


Chapter 7

Arturo Cisneros (TR) Pro Se

11:00 AM

6:19-19946


Gary Ellison and Rachelle Malbrough


Chapter 13


#20.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 13207 Kayuga Street, Victorville, CA 92392


MOVANT: HSBC BANK USA, NATIONAL ASSOCIATION


EH        


Docket 20

Tentative Ruling: Tentative Ruling:

1/7/2020


Service is Proper Opposition: Yes


Movant’s only proffered grounds for relief from the automatic stay is that the case was filed in bad faith due to two previously dismissed Chapter 13 cases, one in 2017 and one in 2019. This Court, however, has already held that Debtors have provided "clear and convincing" evidence that this case was filed in good faith. Based upon the law of the case doctrine, if Movant believes that this case was filed in bad faith, then Movant would need to file a motion to reconsider this Court’s order continuing the automatic stay. See, e.g., Arizona v. California, 460 U.S. 605 (1983) (outlining law of the case doctrine). Because this Court has already held that the case was filed in good faith, the Court is inclined to DENY the motion without prejudice.


APPEARANCES REQUIRED.

Party Information

Debtor(s):

Gary Ellison Represented By

Todd L Turoci

11:00 AM

CONT...


Gary Ellison and Rachelle Malbrough


Chapter 13

Joint Debtor(s):

Rachelle Malbrough Represented By Todd L Turoci

Movant(s):

HSBC Bank USA, National Represented By Nancy L Lee

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-19967


Arturo Garcia, Jr. and Sandra Garcia


Chapter 7


#21.00 Notice of motion and motion for relief from the automatic stay with supporting declarations UNLAWFUL DETAINER RE: 15527 Villa Del Rio Road Fontana CA 92337


MOVANT: CATAMOUNT PROPERTIES 2018, LLC


EH     


Docket 13


Tentative Ruling:

1/7/2020


Service is Proper Opposition: None


Debtors had a previous bankruptcy case dismissed on August 2, 2019, for failure to make plan payments. Therefore, pursuant to the operation of 11 U.S.C. § 362(c)(3) (A), the automatic stay in the instant case expired on December 12, 2019. Therefore, the Court is inclined to DENY the requests for relief from stay under § 362(d)(1) and

  1. and DENY the request under ¶ 2 as moot.


    The Court is inclined to DENY the request for relief under ¶¶ 7 and 10 for lack of cause shown. Regarding ¶7, while Movants initiated an unlawful detainer action against Debtors, that action is still pending and, therefore, immediate eviction of Debtors is inappropriate. Regarding ¶ 10, the Court does not consider the circumstances outlined in the motion to be sufficiently egregious to warrant two-year in rem relief. The Court is inclined to GRANT the in rem relief requested under ¶ 11, however, granting Movant in rem relief for a period of 180 days. The Court is inclined to GRANT waiver of the Rule 4001(a)(3) stay.


    APPEARANCES REQUIRED.

    Party Information

    11:00 AM

    CONT...

    Debtor(s):


    Arturo Garcia, Jr. and Sandra Garcia


    Chapter 7

    Arturo Garcia Jr. Represented By

    Lisa F Collins-Williams

    Joint Debtor(s):

    Sandra Garcia Represented By

    Lisa F Collins-Williams

    Movant(s):

    Catamount Properties 2018, LLC Represented By

    Sam Chandra

    Trustee(s):

    Steven M Speier (TR) Pro Se

    11:00 AM

    6:19-20216


    Silvia Alvarez


    Chapter 13


    #22.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 24382 Tierra De Oro, Moreno Valley, CA 92553


    MOVANT: ARROWHEAD CREDIT UNION


    EH     


    Docket 15


    Tentative Ruling:

    1/7/2020


    Service is Proper Opposition: None


    Debtor had a previous bankruptcy case dismissed on December 18, 2018, for failure to make plan payments. Therefore, pursuant to the operation of 11 U.S.C. § 362(c)(3) (A), the automatic stay in the instant case expired on December 20, 2019. Therefore, the Court is inclined to DENY the requests for relief from stay under § 362(d)(1) and DENY the request under ¶ 2 as moot.


    The Court is inclined to GRANT request for relief from stay pursuant to 11 U.S.C.

    § 362(d)(4) based on multiple unauthorized transfers of an interest in the property and multiple bankruptcy filings affecting the property. GRANT relief from § 1301(a) stay. GRANT relief from Rule 4001(a)(3) stay. GRANT request under ¶ 9. DENY requests under ¶¶ 7 and 10 for lack of cause shown. Specifically, with regard to the request under ¶ 7, Movant has not yet conducted a foreclosure sale and has not demonstrated a right to immediate eviction of any occupants, and there is no writ of possession presented. With regard to ¶ 10, the Court does not consider the facts of the instant case sufficiently egregious to order indefinite relief.


    APPEARANCES REQUIRED.

    Party Information

    11:00 AM

    CONT...

    Debtor(s):


    Silvia Alvarez


    Chapter 13

    Silvia Alvarez Represented By

    Benjamin A Yrungaray

    Movant(s):

    Arrowhead Credit Union Represented By Karel G Rocha

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:19-20429


    Augusto Mora


    Chapter 13


    #23.00 Notice of motion and motion for relief from the automatic stay with supporting declarations UNLAWFUL DETAINER RE: 6982 Cache Way, Jurupa Valley, CA 91752


    MOVANT: FEI LAU


    EH     


    Docket 15


    Tentative Ruling:

    1/7/2020


    Service is Okay Opposition: None


    The Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1). DENY request for relief pursuant to 11 U.S.C. § 362(d)(2) for lack of cause shown. Specifically, Movant has not demonstrated that Debtor’s residence is not necessary to an effective reorganization. GRANT relief from Rule 4001(a)(3) stay. GRANT request under ¶ 2.


    The Court is inclined to DENY the request for relief from stay under § 362(d)(4) and DENY the related requests under ¶¶ 7, 9, 10, and 11. The proffered grounds for the requested relief are that this case was filed in bad faith due to Debtor having filed one previous case that was dismissed in November. This Court, however, has already held that Debtors have provided "clear and convincing" evidence that this case was filed in good faith. Based upon the law of the case doctrine, if Movant believes that this case was filed in bad faith, then Movant would need to file a motion to reconsider this Court’s order continuing the automatic stay. See, e.g., Arizona v. California, 460 U.S. 605 (1983) (outlining law of the case doctrine). Additionally, the Court is inclined to DENY the request under ¶ 3 for lack of cause shown.


    APPEARANCES REQUIRED.

    Party Information

    11:00 AM

    CONT...

    Debtor(s):


    Augusto Mora


    Chapter 13

    Augusto Mora Represented By Christopher J Langley

    Movant(s):

    Fei Lau Represented By

    Luke P Daniels

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:19-20734


    Wayne Morris and Celia Morris


    Chapter 13


    #24.00 Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate 9 Bela Donaci, Lake Elsinore, CA 92532


    MOVANT: WAYNE MORRIS AND CELIA MORRIS


    EH     


    Docket 21


    Tentative Ruling:

    1/7/2020


    Service is Improper Opposition: None


    Judge Houle’s self-calendaring procedures require that, for motions to continue the automatic stay which are set on shortened notice, Debtors must serve secured creditors pursuant to FED. R. BANKR. P. Rule 7004. Here, Debtors have not served the primary secured creditor, Mr. Cooper, pursuant to Rule 7004. Therefore, the Court is inclined to DENY the motion.


    APPEARANCES REQUIRED.

    Party Information

    Debtor(s):

    Wayne Morris Represented By Michael A Cisneros

    Joint Debtor(s):

    Celia Morris Represented By

    Michael A Cisneros

    11:00 AM

    CONT...

    Movant(s):


    Wayne Morris and Celia Morris


    Chapter 13

    Wayne Morris Represented By Michael A Cisneros

    Celia Morris Represented By

    Michael A Cisneros

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:19-20660


    Michael Arthur Eidsvoog and Kathryn Michelle Eidsvoog


    Chapter 13


    #24.10 Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate Real and Personal Property


    MOVANT: MICHAEL AND KATHRYN EIDSVOOG


    EH         


    Docket 14


    Tentative Ruling:

    1/7/2020


    Service is Proper Opposition: None


    11 U.S.C. § 362(c)(3)(B) provides that "the court may extend the stay in particular cases as to any or all creditors after notice and a hearing completed before the expiration of the 30-day period" (parenthetical omitted) (emphasis added). Here, the instant case was filed on December 7, 2019. The hearing was set for January 7, 2020. There are thirty-one days in December. Therefore, Debtors not having complied with the statutory requirement that motions to continue the automatic be heard within thirty days of the petition date, the Court is inclined to DENY the motion.


    APPEARANCES REQUIRED.

    Party Information

    Debtor(s):

    Michael Arthur Eidsvoog Represented By Todd L Turoci

    Joint Debtor(s):

    Kathryn Michelle Eidsvoog Represented By Todd L Turoci

    11:00 AM

    CONT...

    Movant(s):


    Michael Arthur Eidsvoog and Kathryn Michelle Eidsvoog


    Chapter 13

    Michael Arthur Eidsvoog Represented By Todd L Turoci

    Kathryn Michelle Eidsvoog Represented By Todd L Turoci Todd L Turoci

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:19-20902


    Channie Thompson


    Chapter 7


    #24.20 Notice of motion and motion for relief from the automatic stay with supporting declarations UNLAWFUL DETAINER RE: 631 Clearwater Dr., Perris, CA 92570


    MOVANT: TRIDENT CAPITAL GROUP LLC


    CASE DISMISSED 1/6/20


    EH         


    Docket 8


    Tentative Ruling:

    APPEARANCES REQUIRED.

    Party Information

    Debtor(s):

    Channie Thompson Pro Se

    Movant(s):

    Trident Capital Group LLC Represented By William E Windham

    Trustee(s):

    Lynda T. Bui (TR) Pro Se

    11:00 AM

    6:19-20685


    Bettina Bakramia Lorton


    Chapter 7


    #24.30 Notice of motion and motion for relief from the automatic stay with supporting declarations UNLAWFUL DETAINER RE: 11220 Palm Drive, Unit 209, Desert Hot Springs, CA 92240


    MOVANT: RE NOTES, INSTRUMENTS & INVESTMENTS, LLC


    CASE DISMISSED 12/27/19


    EH     


    Docket 7


    Tentative Ruling:

    1/7/2020


    Service is Improper Opposition: None


    Judge Houle’s self-calendaring procedures permit the setting of a hearing on shortened time for motions for relief from the automatic stay which are related to residential unlawful detainer actions. Those procedures, however, require that the Debtor be provided with telephonic notice of the hearing. Here, telephonic notice was not provided to Debtor. Additionally, Judge Houle’s self-calendaring procedures require that Debtor be served with the motion at least five court days prior to the hearing. Movant having filed the instant motion on December 26, 2019, and due to the intervening holiday, Movant would have had to serve this motion via overnight mail to satisfy the service require. Instead, the motion was served via regular mail to a PO Box in Sacramento. Finally, given that the case was dismissed on December 27, 2019, the automatic stay is no longer in effect.

    Service being improper, the Court is inclined to DENY the motion. APPEARANCES REQUIRED.

    Party Information

    11:00 AM

    CONT...

    Debtor(s):


    Bettina Bakramia Lorton


    Chapter 7

    Bettina Bakramia Lorton Pro Se

    Movant(s):

    RE Notes, Instruments & Represented By Jason K Smith

    Trustee(s):

    Todd A. Frealy (TR) Pro Se

    2:00 PM

    6:18-16908


    Visiting Nurse Association of the Inland Counties


    Chapter 11


    #25.00 Motion of Debtor and Debtor-in-Possession to Further Extend Exclusivity Pursuant to 11 U.S.C. § 1121(d)


    EH     


    Docket 517

    Tentative Ruling:

    1/7/20

    BACKGROUND


    On August 15, 2018, Visiting Nurse Association of the Inland Counties ("Debtor") filed a Chapter 11 voluntary petition. On December 12, 2018, the Court entered an order extending the exclusivity period for the filing of a Chapter 11 plan and disclosure statement to June 11, 2019. On June 12, 2019, the Court granted a second motion to extend the exclusivity period, providing an additional extension to December 19, 2019.


    On November 19, 2019, Debtor filed a third motion to extend the exclusivity period, this time seeking an extension, this time seeking an extension until June 10, 2020.

    Debtor’s motion states that Debtor "believes that path to reorganization is an asset sale based upon the economics of the case" [pg. 4, lines 8-9] and "[w]hile the Debtor expects to close the sale of its assets by the end of the summer, the Debtor is not currently in a position to seek confirmation of a Plan." [pg. 5, lines 19-20]. On December 3, 2019, UST filed a limited opposition, noting that the requested extension exceeded the statutory limits set forth in § 1121(d)(2). UST also notes that Debtor has been pursuing a sale of assets for more than a year, and that "[i]f negotiations alone justified extensions of the plan or solicitation exclusivity periods, the initial exclusivity period would be irrelevant." [Dkt. No. 522, pg. 4, lines 15-17]. On December 26, 2019, Debtor and UST entered into a stipulation whereby the

    2:00 PM

    CONT...


    Visiting Nurse Association of the Inland Counties


    Chapter 11

    exclusivity period would be extended to the furthest date permitted by statute, February 15, 2020.


    Noting the lack of opposition, which the Court deems consent to the relief requested pursuant to Local Rule 9013-1(h), the Court is inclined to grant the motion as modified in the stipulation reached with the United States Trustee.


    APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


    Party Information

    Debtor(s):

    Visiting Nurse Association of the Represented By

    David M Goodrich Beth Gaschen Jennifer Vicente Ryan W Beall Steven T Gubner Jason B Komorsky

    Movant(s):

    Visiting Nurse Association of the Represented By

    David M Goodrich David M Goodrich Beth Gaschen Beth Gaschen Jennifer Vicente Jennifer Vicente Ryan W Beall Ryan W Beall Steven T Gubner Steven T Gubner Jason B Komorsky

    2:00 PM

    CONT...


    Visiting Nurse Association of the Inland Counties

    Jason B Komorsky


    Chapter 11

    2:00 PM

    6:19-13127


    Woodcrest Ace Hardware Inc.


    Chapter 11


    #26.00 Motion to Approve Disclosure Statement EH     

    Docket 205


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Woodcrest Ace Hardware Inc. Represented By

    Robert B Rosenstein

    Movant(s):

    Woodcrest Ace Hardware Inc. Represented By

    Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein

    2:00 PM

    6:19-17537


    Jauregui Trucking, Inc.


    Chapter 11


    #27.00 CONT Emergency Hearing on Debtor's Motion for Authorization to use Cash Collateral


    From: 9/4/19, 10/1/19, 11/12/19, 12/10/19


    Also #28 EH         

    Docket 9


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Jauregui Trucking, Inc. Represented By Andrew S Bisom

    Movant(s):

    Jauregui Trucking, Inc. Represented By Andrew S Bisom

    2:00 PM

    6:19-17537


    Jauregui Trucking, Inc.


    Chapter 11


    #28.00 CONT Order (1) Setting Scheduling Hearing And Case Management Conference And (2) Requiring Status Report


    From:10/1/19, 11/12/19, 12/10/19 Also #27

    EH     


    Docket 4


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Jauregui Trucking, Inc. Represented By Andrew S Bisom

    10:00 AM

    6:19-19876


    Tynisha S. Williams


    Chapter 7


    #1.00 Pro se Reaffirmation Agreement Between Debtor and Ally Bank re 2017 Hyundai Sonata


    EH     


    Docket 12


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Tynisha S. Williams Represented By

    James D. Hornbuckle

    Trustee(s):

    Charles W Daff (TR) Pro Se

    10:00 AM

    6:19-17917


    William Lee Goebel


    Chapter 7


    #2.00 Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation re 2016 Lexus RX350


    EH     


    Docket 19


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    William Lee Goebel Represented By Richard J Hassen

    Trustee(s):

    Karl T Anderson (TR) Pro Se

    10:00 AM

    6:19-17746


    Salvador Dominguez Jr. and Danielle M. Dominguez


    Chapter 7


    #3.00 Pro se Reaffirmation Agreement Between Debtor and Wilshire Consumer Credit re: 2005 Ford F350 Super Duty


    EH         


    Docket 21


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Salvador Dominguez Jr. Represented By Stephen K Moran

    Joint Debtor(s):

    Danielle M. Dominguez Represented By Stephen K Moran

    Trustee(s):

    Charles W Daff (TR) Pro Se

    11:00 AM

    6:18-11545


    Victor Hugo Corral


    Chapter 7


    #4.00 Notice of Trustee's Final Report and Applications for Compensation EH     

    Docket 56

    Tentative Ruling:


    TENTATIVE RULING

    1/8/20

    Opposition: None Service: Proper


    The application for compensation of the Trustee, Counsel for the Trustee, and Accountant for the Trustee have been set for hearing on the notice required by LBR 2016-1. Pursuant to the Trustee’s Final Report and the applications of the Counsel and Accountant, the Court is inclined to APPROVE the following administrative expenses:


    Trustee Fees:

    $3,250.00

    Trustee Expenses:

    $94.05

    Attorney Fees:

    $10,489.50

    Attorney Expenses:

    $506.89

    Accountant Fees:

    $1,218.00

    Accountant Expenses:

    $210.00


    APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

    Party Information

    Debtor(s):

    Victor Hugo Corral Represented By Dana C Bruce

    11:00 AM

    CONT...

    Trustee(s):


    Victor Hugo Corral


    Chapter 7

    Charles W Daff (TR) Represented By Lynda T Bui Brandon J Iskander

    11:00 AM

    6:19-10887


    Eloisa Lopez


    Chapter 7


    #5.00 Notice of Trustee's Final Report and Applications for Compensation EH     

    Docket 23

    Tentative Ruling:


    TENTATIVE RULING

    1/8/20

    Opposition: None Service: Proper


    The application for compensation of the Trustee has been set for hearing on the notice required by LBR 2016-1. Pursuant to the Trustee's Final Report, the Court is inclined to APPROVE the following administrative expenses:


    Trustee Fees: $1,394.40

    Trustee Expenses: $20.00


    APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


    Party Information

    Debtor(s):

    Eloisa Lopez Represented By

    Keith Q Nguyen

    Trustee(s):

    Arturo Cisneros (TR) Pro Se

    11:00 AM

    6:19-10335


    Adam Charles Welker and La Nina Marie Ann Welker


    Chapter 7


    #6.00 Notice of Trustee's Final Report and Applications for Compensation EH     

    Docket 39

    Tentative Ruling:


    TENTATIVE RULING

    1/8/20

    Opposition: None Service: Proper


    The application for compensation of the Trustee has been set for hearing on the notice required by LBR 2016-1. Pursuant to the Trustee's Final Report, the Court is inclined to APPROVE the following administrative expenses:


    Trustee Fees: $1,781.43

    Trustee Expenses: $31.71


    APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

    Party Information

    Debtor(s):

    Adam Charles Welker Represented By Brian J Soo-Hoo

    Joint Debtor(s):

    La Nina Marie Ann Welker Represented By Brian J Soo-Hoo

    Trustee(s):

    Charles W Daff (TR) Pro Se

    11:00 AM

    CONT...


    Adam Charles Welker and La Nina Marie Ann Welker


    Chapter 7

    11:00 AM

    6:18-18996


    Ali A M Ashour


    Chapter 7


    #7.00 Notice of Trustee's Final Report and Applications for Compensation EH     

    Docket 33

    Tentative Ruling:


    TENTATIVE RULING

    1/8/20

    Opposition: None Service: Proper


    The application for compensation of the Trustee has been set for hearing on the notice required by LBR 2016-1. Pursuant to the Trustee's Final Report, the Court is inclined to APPROVE the following administrative expenses:


    Trustee Fees: $1,860.65

    Trustee Expenses: $28.30


    APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

    Party Information

    Debtor(s):

    Ali A M Ashour Represented By Neil R Hedtke

    Trustee(s):

    Arturo Cisneros (TR) Pro Se

    11:00 AM

    6:19-18878


    Suzanne Joyce Vargo-Wagner


    Chapter 7


    #8.00 CONT Emergency Motion To Compel Restoration Of Utilities, To Enforce The Automatic Stay, For Actual And Punitive Damages, And Attorney Fees For Violation Of Automatic Stay


    From: 10/17/19, 12/4/19 EH      

    Docket 11

    *** VACATED *** REASON: ORDER ENTERED 1/6/20

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Suzanne Joyce Vargo-Wagner Pro Se

    Movant(s):

    Suzanne Joyce Vargo-Wagner Pro Se

    Trustee(s):

    Howard B Grobstein (TR) Pro Se

    11:00 AM

    6:13-30133


    Nabeel Slaieh


    Chapter 7


    #9.00 Trustee's Motion for Order Abandoning the Estate's Interest, if any, in Real Property Located at 40834 Baccarat Rd., Temecula, CA


    EH     


    Docket 491


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Nabeel Slaieh Represented By

    George A Saba - INACTIVE -

    Movant(s):

    Larry D Simons (TR) Represented By

    D Edward Hays David Wood Matthew Grimshaw

    Trustee(s):

    Larry D Simons (TR) Represented By

    D Edward Hays David Wood Matthew Grimshaw

    11:00 AM

    6:13-28595


    Josue Luna and Fabiola Luna


    Chapter 7


    #10.00 Motion to Disallow Claims #1 by TD Bank USA, N.A. as Overstated in Amount Also #11 - #16

    EH        


    Docket 207

    Tentative Ruling:

    1/8/20


    BACKGROUND:


    On November 14, 2013 ("Petition Date"), Josue Luna ("Debtor") and Fabiola Luna ("Joint Debtor") (collectively, "Debtors") filed for voluntary Chapter 13 petition. On, December 5, 2013, TD Bank USA, N.A. ("TD Bank") filed a claim arising by credit card purchases ("Claim 1-1"). TD Bank’s filing stated the amount of Claim 1-1 to be $459.62, all of which is unsecured.


    On June 21, 2017, Debtors’ petition was converted to Chapter 7, and the Chapter 13 trustee was replaced by a Chapter 7 trustee, John P. Pringle ("Trustee"). On December 2, 2019, the Trustee filed this motion asking for Claim 1-1 be reduced because TD Bank received a payment of $192, leaving $267.62 as a general unsecured claim. (Dkt No. 207, Ex. 2).


    ANALYSIS:


    Pursuant to 11 U.S.C. § 501, a creditor may file a proof a claim when some purpose would be served, such as, but not limited to, sharing in the distribution, contesting a claim, and notifying others of any claim. In re Chateaugay Corp., 94 F.3d 772, 777 (2d Cir. 1996). If the creditor files a proof of claim pursuant to Fed. Rule of Bankr. Procedure ("FRBP") 3001, such filing shall constitute as prima facie evidence of the validity and the amount of the claim. However, if the creditor fails to file a claim pursuant to this rule, the claim is not automatically disallowed. FBRP 3001(c)

    11:00 AM

    CONT...


    Josue Luna and Fabiola Luna


    Chapter 7

    (2)(D)(i)-(ii).


    TD Bank’s filing of Claim 1-1 followed the procedures listed in FRBP 3001(c) (3): (1) the date of the last payment was provided, (2) the date of the account holder’s last transaction, (3) the date on which the account was charged to profit and loss, etc. Thus, the filing constitutes as prima facie evidence of the validity and the amount of the claim, $459.62.


    Pursuant to 11 U.S.C. § 502(a), a proof of claim is deemed allowed unless a party in interest objects. "A trustee[, being a party in interest,] has, not only the right but the duty, to object to any claim not entitled to allowance against the estate’s assets." In re Thompson, 965 F.2d 113 (1st Cir. 1992). If a party in interest fails to object, a proof of claim constitutes prima facie evidence of the validity and amount of the claim under Federal Rule of Bankruptcy Procedure 3001(f). See Lundell v. Anchor Constr. Specialists, Inc., 223 F.3d 1035, 1039 (9th Cir. 2000).


    To negate the prima facie evidence of the validity of the claim, the party in interest who objects must produce evidence which, if believed, would refute at least one of the allegations that is essential to the claim’s legal sufficiency. E.g. In re A Trucking Crane Rental & Repair Co., 2008 Dist. Lexis 4864 (S. D. Cal. 2008) (stating that trustee rebutted the prima facie validity of the proof of claim by contending the creditor failed to properly authenticate the sublease document). See contra, In re Preisendanz, 2017 Bankr. Lexis 3860 (Bankr. C. D. Cal. 2017) (showing that debtor rebutted the prima facia validity of the proof of claim by alleging the claim was barred pursuant to a statute of limitations of four years).


    By filing this motion, the Trustee, as a party in interest, rightfully discharged his duty. The Trustee believed that TD Bank has been paid a portion of its unsecured claim and it is entitled to only $267.62. The Trustee provided evidence of the Chapter 13 Trustee’s Final Report and Accounting. This information provides ample support to rebut the prima facial validity of Claim 1-1.


    If the objecting party produces sufficient evidence to negate one or more of the sworn facts in the proof of claim, the burden reverts back to the claimant to prove the validity of the claim by a preponderance of the evidence. See In re Consol. Pioneer Mort, 178 B.R. 222, 226 (9th Cir. BAP 1995), aff’d, 91 F.3d 151 (9th Cir. 1996)

    (quoting Allegheny Int’l, 954 F.2d at 173-74). The ultimate burden of persuasion

    11:00 AM

    CONT...


    Josue Luna and Fabiola Luna


    Chapter 7

    remains at all times on the claimant. See Lundell, 223 F.3d at 1039; see also Holm, 931 F.2d at 623.


    TENTATIVE RULING:


    TD Bank, not responding to the motion, has failed to prove the validity of Claim 1-1 by a preponderance of the evidence. Furthermore, pursuant to Local Bankr. Rules 9013-1(f)(3), the failure of a responding party to raise its objection or challenge in a response will be deemed consent. Thus, the Court GRANTS the request to reduce Claim 1-1 by $192.00, which was paid, leaving $267.00 due on Claim 1-1.

    APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

    Party Information

    Debtor(s):

    Josue Luna Represented By

    Jenny L Doling

    Joint Debtor(s):

    Fabiola Luna Represented By

    Jenny L Doling

    Movant(s):

    John P Pringle (TR) Represented By Todd A Frealy Carmela Pagay

    Trustee(s):

    John P Pringle (TR) Represented By Todd A Frealy Carmela Pagay

    11:00 AM

    6:13-28595


    Josue Luna and Fabiola Luna


    Chapter 7


    #11.00 Motion to Disallow Claims No. 3 filed by Santander Consumer USA, Inc. as Overstated in Amount


    Also #10 - #16


    EH        


    Docket 209

    Tentative Ruling:

    1/8/20

    BACKGROUND:

    On November 14, 2013 ("Petition Date"), Josue Luna ("Debtor") and Fabiola Luna ("Joint Debtor") (collectively, "Debtors") filed for voluntary Chapter 13 petition. On, December 12, 2013, Santander Consumer USA, Inc. ("Santander") acting as servicer for Citi filed a claim secured by Debtors vehicle, a 2006 Ford Focus ("Claim 3-1").


    Santander filing stated the amount of Claim 3-1 to be $4,434.04 all of which was secured by the Ford Focus. On December 30, 2013, Debtors filed an objection to Claim 3-1, requesting a reduction in the secured amount:



    After considering the evidence and argument presented by the Debtors, the Court granted Debtors’ objection, alleging a secured claim of $1,800 payable at four

    11:00 AM

    CONT...


    Josue Luna and Fabiola Luna


    Chapter 7

    percent interest and the remaining $2,634.03 as unsecured. (Dkt No. 32).


    On June 21, 2017, Debtors’ petition was converted to Chapter 7, and the Chapter 13 trustee was replaced by a Chapter 7 trustee, John P. Pringle ("Trustee"). On December 2, 2019, the Trustee filed this motion asking for Claim 3-1 be reduced because Santander received the full secured portion of the claim in the amount of

    $1,800.00 plus $94.79 in interest and $1,100.33 of the unsecured claim, leaving only

    $1,533.70 due. (Dkt No. 209, Ex. 3).


    ANALYSIS:


    Pursuant to 11 U.S.C. § 501, a creditor may file a proof a claim when some purpose would be served, such as, but not limited to, sharing in the distribution, contesting a claim, and notifying others of any claim. In re Chateaugay Corp., 94 F.3d 772, 777 (2d Cir. 1996). In this case, Santander filed Claim 3-1 to take part in the distribution via Chapter 13 plan.


    Santander’s filing of Claim 3-1 provided (1) a copy of the writing securing the claim, (2) the claim’s principal amount, interest, fees, and other charges incurred, (3) an itemize statement of the charges, (4) and a statement of the amount necessary to cure any defaults. If the creditor files a proof of claim pursuant to Fed. Rule of Bankr. Procedure ("FRBP") 3001, such filing shall constitute as prima facie evidence of the validity and the amount of the claim. However, if the creditor fails to file a claim pursuant to this rule, the claim is not automatically disallowed. FBRP 3001(c)(2)(D) (i)-(ii). Because Claim 3-1 was filed pursuant to FRBP 3001, its filing constitutes a prima facie evidence of its validity.


    Pursuant to 11 U.S.C. § 502(a), a proof of claim is deemed allowed unless a party in interest objects. "A trustee[, being a party in interest,] has, not only the right but the duty, to object to any claim not entitled to allowance against the estate’s assets." In re Thompson, 965 F.2d 113 (1st Cir. 1992). Here, the Trustee filed a

    11:00 AM

    CONT...


    Josue Luna and Fabiola Luna


    Chapter 7

    motion to disallow a portion of the claim.


    To negate the prima facie evidence of the validity of the claim, the party in interest who objects must produce evidence which, if believed, would refute at least one of the allegations that is essential to the claim’s legal sufficiency. E.g. In re A Trucking Crane Rental & Repair Co., 2008 Dist. Lexis 4864 (S. D. Cal. 2008) (stating that trustee rebutted the prima facie validity of the proof of claim by contending the creditor failed to properly authenticate the sublease document). See contra, In re Preisendanz, 2017 Bankr. Lexis 3860 (Bankr. C. D. Cal. 2017) (showing that debtor rebutted the prima facia validity of the proof of claim by alleging the claim was barred pursuant to a statute of limitations of four years).


    The Trustee in this situation provided the motion asking for Claim 3-1 to be reduced, the order granting that motion, and the Chapter 13 Trustee’s Final Report and Account. All this information provides ample support to rebut the prima facia validity of Claim 3-1.


    If the objecting party produces sufficient evidence to negate one or more of the sworn facts in the proof of claim, the burden reverts back to the claimant to prove the validity of the claim by a preponderance of the evidence. See In re Consol. Pioneer Mort, 178 B.R. 222, 226 (9th Cir. BAP 1995), aff’d, 91 F.3d 151 (9th Cir. 1996)

    (quoting Allegheny Int’l, 954 F.2d at 173-74). The ultimate burden of persuasion remains at all times on the claimant. See Lundell, 223 F.3d at 1039; see also Holm, 931 F.2d at 623.


    TENTATIVE RULING:


    Santander, not responding to the motion, has failed to prove the validity of Claim 3-1 by a preponderance of the evidence. Furthermore, pursuant to LBR

    9013-1(f)(3), the failure of a responding party to raise its objection or challenge in a response will be deemed consent. Thus, the Court GRANTS the request to reduce Claim 3-1 by $2,995.12, which was paid, leaving $1,533.70 due on the unsecured portion of Claim 3-1.

    11:00 AM

    CONT...


    Josue Luna and Fabiola Luna


    Chapter 7

    APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


    Party Information

    Debtor(s):

    Josue Luna Represented By

    Jenny L Doling

    Joint Debtor(s):

    Fabiola Luna Represented By

    Jenny L Doling

    Movant(s):

    John P Pringle (TR) Represented By Todd A Frealy Carmela Pagay

    Trustee(s):

    John P Pringle (TR) Represented By Todd A Frealy Carmela Pagay

    11:00 AM

    6:13-28595


    Josue Luna and Fabiola Luna


    Chapter 7


    #12.00 Motion to Disallow Claims No. 4 filed by Sprint Corporation as Overstated in Amount


    Also #10 - #16


    EH        


    Docket 211

    Tentative Ruling:

    1/8/20


    BACKGROUND:


    On November 14, 2013 ("Petition Date"), Josue Luna ("Debtor") and Fabiola Luna ("Joint Debtor") (collectively, "Debtors") filed for voluntary Chapter 13 petition. On, December 27, 2013, Sprint Corporation ("Sprint") filed a claim based on services performed ("Claim 4-1"). Sprint’s filing stated the amount of Claim 1-1 to be $133.27, all of which is unsecured.


    On June 21, 2017, Debtors’ petition was converted to Chapter 7, and the Chapter 13 trustee was replaced by a Chapter 7 trustee, John P. Pringle ("Trustee"). On December 2, 2019, the Trustee filed this motion asking for Claim 4-1 be reduced because Sprint received a payment of $40.92, leaving $92.35 as a general unsecured claim. (Dkt No. 211, Ex. 2).


    ANALYSIS:


    Pursuant to 11 U.S.C. § 501, a creditor may file a proof a claim when some purpose would be served, such as, but not limited to, sharing in the distribution, contesting a claim, and notifying others of any claim. In re Chateaugay Corp., 94 F.3d 772, 777 (2d Cir. 1996). If the creditor files a proof of claim pursuant to Fed. Rule of Bankr. Procedure ("FRBP") 3001, such filing shall constitute as prima facie evidence of the validity and the amount of the claim.

    11:00 AM

    CONT...


    Josue Luna and Fabiola Luna

    Sprint’s filing of Claim 4-1 does not follow all the procedures listed in FRBP


    Chapter 7

    3001(c)(2). An itemized statement was not filed listing the amount of interest, fees, expenses or charges. Nonetheless, if the creditor fails to file a claim pursuant to this rule, the claim is not automatically disallowed, but a sanction against the claimant may be given. FBRP 3001(c)(2)(D)(i)-(ii).


    Pursuant to 11 U.S.C. § 502(a), a proof of claim is deemed allowed unless a party in interest objects. "A trustee[, being a party in interest,] has, not only the right but the duty, to object to any claim not entitled to allowance against the estate’s assets." In re Thompson, 965 F.2d 113 (1st Cir. 1992). If a party in interest fails to object, a proof of claim constitutes prima facie evidence of the validity and amount of the claim under Federal Rule of Bankruptcy Procedure 3001(f). See Lundell v. Anchor Constr. Specialists, Inc., 223 F.3d 1035, 1039 (9th Cir. 2000).


    To negate the prima facie evidence of the validity of the claim, the party in interest who objects must produce evidence which, if believed, would refute at least one of the allegations that is essential to the claim’s legal sufficiency. E.g. In re A Trucking Crane Rental & Repair Co., 2008 Dist. Lexis 4864 (S. D. Cal. 2008) (stating that trustee rebutted the prima facie validity of the proof of claim by contending the creditor failed to properly authenticate the sublease document). See contra, In re Preisendanz, 2017 Bankr. Lexis 3860 (Bankr. C. D. Cal. 2017) (showing that debtor rebutted the prima facia validity of the proof of claim by alleging the claim was barred pursuant to a statute of limitations of four years).


    By filing this motion, the Trustee, as a party in interest, rightfully discharged his duty. The Trustee believed that Sprint has been paid a portion of its unsecured claim and it is entitled to only $92.35. The Trustee provided evidence of the Chapter 13 Trustee’s Final Report and Accounting. This provided sufficient support to refute the amount of Claim 4-1 because it failed to meet the prima facie validity requirement.


    In the alternative, for arguendo sake, if Sprint had fulfilled the requirement pursuant to FRBP 3001, the Trustee, nonetheless, would have rebutted the prima facial validity of Claim 1-1 with the evidence he has provided. If the objecting party produces sufficient evidence to negate one or more of the sworn facts in the proof of claim, the burden reverts back to the claimant to prove the validity of the claim by a

    11:00 AM

    CONT...


    Josue Luna and Fabiola Luna


    Chapter 7

    preponderance of the evidence. See In re Consol. Pioneer Mort, 178 B.R. 222, 226 (9th Cir. BAP 1995), aff’d, 91 F.3d 151 (9th Cir. 1996) (quoting Allegheny Int’l, 954 F.2d at 173-74). The ultimate burden of persuasion remains at all times on the claimant. See Lundell, 223 F.3d at 1039; see also Holm, 931 F.2d at 623.


    TENTATIVE RULING:


    Sprint, not responding to the motion, has failed to prove the validity of Claim 1-1 by a preponderance of the evidence. Furthermore, pursuant to Local Bankr. Rules 9013-1(f)(3), the failure of a responding party to raise its objection or challenge in a response will be deemed consent. Thus, the Court GRANTS the request to reduce Claim 4-1 by $192.00, which was paid, leaving $92.35 due on Claim 4-1.

    APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

    Party Information

    Debtor(s):

    Josue Luna Represented By

    Jenny L Doling

    Joint Debtor(s):

    Fabiola Luna Represented By

    Jenny L Doling

    Movant(s):

    John P Pringle (TR) Represented By Todd A Frealy Carmela Pagay

    Trustee(s):

    John P Pringle (TR) Represented By Todd A Frealy Carmela Pagay

    11:00 AM

    6:13-28595


    Josue Luna and Fabiola Luna


    Chapter 7


    #13.00 Motion to Disallow Claims Nos. 5 & 6 filed by American InfoSource LP as Overstated in Amount


    Also #10 - #16


    EH        


    Docket 214

    Tentative Ruling:

    1/8/20


    BACKGROUND:


    On November 14, 2013 ("Petition Date"), Josue Luna ("Debtor") and Fabiola Luna ("Joint Debtor") (collectively, "Debtors") filed for voluntary Chapter 13 petition. On January 3, 2014, American InfoSource LP. ("American") acting as agent for First Data Global Leasing filed two claims: one claim in the amount of $1,360.80 ("Claim 5-1") and the other claim in the amount of $1,900.00 ("Claim 6-1"), both based on services rendered.


    On June 21, 2017, Debtors’ petition was converted to Chapter 7, and the Chapter 13 trustee was replaced by a Chapter 7 trustee, John P. Pringle ("Trustee"). On December 2, 2019, the Trustee filed this motion asking for Claim 5-1 and Claim 6-1 both be reduced because American received payments on those claims. (Dkt No. 214, Ex. 3). The Trustee alleges that $586.46 was paid on Claim 5-1 and $794.03 was paid on Claim 6-1.


    ANALYSIS:


    Pursuant to 11 U.S.C. § 501, a creditor may file a proof a claim when some purpose would be served, such as, but not limited to, sharing in the distribution, contesting a claim, and notifying others of any claim. In re Chateaugay Corp., 94 F.3d

    11:00 AM

    CONT...


    Josue Luna and Fabiola Luna


    Chapter 7

    772, 777 (2d Cir. 1996). If the creditor files a proof of claim pursuant to Fed. Rule of Bankr. Procedure ("FRBP") 3001, such filing shall constitute as prima facie evidence of the validity and the amount of the claim.


    American’s filing of Claim 5-1 and Claim 6-1 does not follow all the procedures listed in FRBP 3001(c)(2). Itemized statements were not filed listing the amount of interest, fees, expenses or charges. Nonetheless, if the creditor fails to file a claim pursuant to this rule, the claim is not automatically disallowed, but a sanction against the claimant may be given. FBRP 3001(c)(2)(D)(i)-(ii).


    Pursuant to 11 U.S.C. § 502(a), a proof of claim is deemed allowed unless a party in interest objects. "A trustee[, being a party in interest,] has, not only the right but the duty, to object to any claim not entitled to allowance against the estate’s assets." In re Thompson, 965 F.2d 113 (1st Cir. 1992). If a party in interest fails to object, a proof of claim constitutes prima facie evidence of the validity and amount of the claim under Federal Rule of Bankruptcy Procedure 3001(f). See Lundell v. Anchor Constr. Specialists, Inc., 223 F.3d 1035, 1039 (9th Cir. 2000).


    To negate the prima facie evidence of the validity of the claim, the party in interest who objects must produce evidence which, if believed, would refute at least one of the allegations that is essential to the claim’s legal sufficiency. E.g. In re A Trucking Crane Rental & Repair Co., 2008 Dist. Lexis 4864 (S. D. Cal. 2008) (stating that trustee rebutted the prima facie validity of the proof of claim by contending the creditor failed to properly authenticate the sublease document). See contra, In re Preisendanz, 2017 Bankr. Lexis 3860 (Bankr. C. D. Cal. 2017) (showing that debtor rebutted the prima facia validity of the proof of claim by alleging the claim was barred pursuant to a statute of limitations of four years).


    By filing this motion, the Trustee, as a party in interest, rightfully discharged his duty. The Trustee believed that American has been paid a portion of its unsecured claims and it is entitled to only $792.34 for Claim 5-1 and $1,106.77 for Claim 6-1. The Trustee provided evidence of the Chapter 13 Trustee’s Final Report and Accounting. This provided sufficient support to refute the amount of Claim 5-1 and Claim 6-1 because it failed to meet the prima facie validity requirement.


    In the alternative, for arguendo sake, if American had fulfilled the requirements pursuant to FRBP 3001, the Trustee, nonetheless, would have rebutted

    11:00 AM

    CONT...


    Josue Luna and Fabiola Luna


    Chapter 7

    the prima facial validity of both claims with the evidence he has provided. If the objecting party produces sufficient evidence to negate one or more of the sworn facts in the proof of claim, the burden reverts back to the claimant to prove the validity of the claim by a preponderance of the evidence. See In re Consol. Pioneer Mort, 178 B.R. 222, 226 (9th Cir. BAP 1995), aff’d, 91 F.3d 151 (9th Cir. 1996) (quoting Allegheny Int’l, 954 F.2d at 173-74). The ultimate burden of persuasion remains at all times on the claimant. See Lundell, 223 F.3d at 1039; see also Holm, 931 F.2d at 623.


    TENTATIVE RULING:


    American, not responding to the motion, has failed to prove the validity of Claim 5-1 and 6-1 by a preponderance of the evidence. Furthermore, pursuant to LBR 9013-1(f)(3), the failure of a responding party to raise its objection or challenge in a response will be deemed consent. Thus, the Court GRANTS the disallowance of

    $568.46, which was paid, leaving $792.34 due on the Claim 5-1, and GRANTS the the request to reduce Claim 6-1 by $794.03, which was paid, leaving $1,106.77 due on Claim 6-1.

    APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


    Party Information

    Debtor(s):

    Josue Luna Represented By

    Jenny L Doling

    Joint Debtor(s):

    Fabiola Luna Represented By

    Jenny L Doling

    11:00 AM

    CONT...

    Movant(s):


    Josue Luna and Fabiola Luna


    Chapter 7

    John P Pringle (TR) Represented By Todd A Frealy Carmela Pagay

    Trustee(s):

    John P Pringle (TR) Represented By Todd A Frealy Carmela Pagay

    11:00 AM

    6:13-28595


    Josue Luna and Fabiola Luna


    Chapter 7


    #14.00 Motion to Allow Claim 7 filed by Wells Fargo Bank NA as Fully Secured, Not Entitled to a Dividend


    Also #10 - #16


    EH        


    Docket 216

    Tentative Ruling:

    1/8/20


    BACKGROUND:


    On November 14, 2013 ("Petition Date"), Josue Luna ("Debtor") and Fabiola Luna ("Joint Debtor") (collectively, "Debtors") filed for voluntary Chapter 13 petition. On January 17, 2014, Wells Fargo Bank, N.A. ("Wells Fargo") filed a claim arising from a mortgage securing property at 24808 Candlenut Court, Moreno Valley, California 92557 (the "Property"). Wells Fargo alleged that the amount of the claim was $220,550.36. On February 2, 2017, Wells Fargo filed an amended claim, changing the amount to $212,127.36 ("Claim 7-1")


    On June 21, 2017, Debtors’ petition was converted to Chapter 7, and the Chapter 13 trustee was replaced by a Chapter 7 trustee, John P. Pringle ("Trustee"). On December 2, 2019, the Trustee filed this motion to allow the Claim 7-1. Dkt No.

    216. The Trustee motion states that the estate neither has administered nor will administer the Property. Id. Thus, the claim should be allowed as a fully secured claim that is not entitled to a dividend. Id.


    APPLICABLE LAW:


    Pursuant to 11 U.S.C. § 501, a creditor may file a proof a claim when some purpose would be served, such as, but not limited to, sharing in the distribution,

    11:00 AM

    CONT...


    Josue Luna and Fabiola Luna


    Chapter 7

    contesting a claim, and notifying others of any claim. In re Chateaugay Corp., 94 F.3d 772, 777 (2d Cir. 1996). If the creditor files a proof of claim pursuant to Fed. Rule of Bankr. Procedure ("FRBP") 3001, such filing shall constitute as prima facie evidence of the validity and the amount of the claim. However, if the creditor fails to file a claim pursuant to this rule, the claim is not automatically disallowed. FBRP 3001(c) (2)(D)(i)-(ii).


    Pursuant to FRBP 3001(c), Wells Fargo provided the claim amount; including an itemization of the interest, fees, expenses, and other charges, a statement of the amount necessary to cure any defaults and the mortgage which attached to the property. Fulfilling all the requirements of FRBP 3001(c), Wells Fargo has a valid claim, and the filing constitute the validity and the amount of the claim.


    Pursuant to 11 U.S.C. § 502(a), a proof of claim is deemed allowed unless a party in interest objects. "A trustee[, being a party in interest,] has, not only the right but the duty, to object to any claim not entitled to allowance against the estate’s assets." In re Thompson, 965 F.2d 113 (1st Cir. 1992). If a party in interest fails to object, a proof of claim constitutes prima facie evidence of the validity and amount of the claim under Federal Rule of Bankruptcy Procedure 3001(f). See Lundell v. Anchor Constr. Specialists, Inc., 223 F.3d 1035, 1039 (9th Cir. 2000).


    Here, the Trustee has the right to object to the claim, yet he does the opposite, allowing the claim. Thus, the claim is still considered valid and the amount correct.


    However, the Trustee’s motion does not end with just allowing the claim. The Trustee also wants to prevent Wells Fargo from receiving a dividend payment.

    Distribution of Chapter 7 is governed by § 726(a)(1) which references the payments of the kind specified in and in the order specified in § 507. Because secured creditors of the same kind as Wells Fargo are neither listed in § 507 nor are they provided for under § 726 any distribution, Wells Fargo lacks any entitlement to dividends.


    Furthermore, because the Trustee voluntarily decided not to administer the property for the estate, the Property is abandoned to the Debtors. 11 U.S.C. § 554(c). Therefore, it seems as if the Debtors have elected a "voluntary ride-through," which allows the Debtors to retain the Property provided they are current on the Property and Wells Fargo does not object. In re Jensen, 407 B.R. 378 (Bankr. C. Cal. 2008). See [Vol. 4] Collier on Bankruptcy ¶ 507.02 (Richard Levin & Henry J. Sommer eds., 16th

    11:00 AM

    CONT...

    ed.)


    Josue Luna and Fabiola Luna


    Chapter 7


    TENTATIVE RULING:


    Wells Fargo, not responding to the motion, has failed to object. Furthermore, pursuant to Local Bankr. Rules 9013-1(f)(3), the failure of a responding party to raise its objection or challenge in a response may be deemed consent. Thus, the Court GRANTS request to allow Claim 7-1, in the amount of $212,127.36, and not entitled to recover from the estate.


    APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


    Party Information

    Debtor(s):

    Josue Luna Represented By

    Jenny L Doling

    Joint Debtor(s):

    Fabiola Luna Represented By

    Jenny L Doling

    Movant(s):

    John P Pringle (TR) Represented By Todd A Frealy Carmela Pagay

    Trustee(s):

    John P Pringle (TR) Represented By Todd A Frealy Carmela Pagay

    11:00 AM

    CONT...


    Josue Luna and Fabiola Luna


    Chapter 7

    11:00 AM

    6:13-28595


    Josue Luna and Fabiola Luna


    Chapter 7


    #15.00 Motion to Disallow Claims No. 11 filed by Riverside County Regional Medical Center as Overstated in Amount


    Also #10 - #16


    EH        


    Docket 218

    Tentative Ruling:

    1/8/20


    BACKGROUND:


    On November 14, 2013 ("Petition Date"), Josue Luna ("Debtor") and Fabiola Luna ("Joint Debtor") (collectively, "Debtors") filed for voluntary Chapter 13 petition. On January 30, 2014, Riverside County Regional Medical Center ("RCRM") filed a claim based on services performed ("Claim 11-1"). RCRM’s filing stated the amount of Claim 11-1 to be $1,816.00 all of which is unsecured.


    On June 21, 2017, Debtors’ petition was converted to Chapter 7, and the Chapter 13 trustee was replaced by a Chapter 7 trustee, John P. Pringle ("Trustee"). On December 2, 2019, the Trustee filed this motion asking for Claim 11-1 be reduced because RCRM received a payment of $758.61, leaving $1,057.39 as a general unsecured claim. (Dkt No. 218, Ex. 2).


    ANALYSIS:


    Pursuant to 11 U.S.C. § 501, a creditor may file a proof a claim when some purpose would be served, such as, but not limited to, sharing in the distribution, contesting a claim, and notifying others of any claim. In re Chateaugay Corp., 94 F.3d 772, 777 (2d Cir. 1996). If the creditor files a proof of claim pursuant to Fed. Rule of Bankr. Procedure ("FRBP") 3001, such filing shall constitute as prima facie evidence of the validity and the amount of the claim. However, if the creditor fails to file a

    11:00 AM

    CONT...


    Josue Luna and Fabiola Luna


    Chapter 7

    claim pursuant to this rule, the claim is not automatically disallowed. FBRP 3001(c) (2)(D)(i)-(ii).


    RCRM’s filing of Claim 11-1 followed the procedures listed in FRBP 3001(c) (2). Thus, the filing constitutes as prima facie evidence of the validity and the amount of the claim, $1,816.00.


    Pursuant to 11 U.S.C. § 502(a), a proof of claim is deemed allowed unless a party in interest objects. "A trustee[, being a party in interest,] has, not only the right but the duty, to object to any claim not entitled to allowance against the estate’s assets." In re Thompson, 965 F.2d 113 (1st Cir. 1992). If a party in interest fails to object, a proof of claim constitutes prima facie evidence of the validity and amount of the claim under Federal Rule of Bankruptcy Procedure 3001(f). See Lundell v. Anchor Constr. Specialists, Inc., 223 F.3d 1035, 1039 (9th Cir. 2000).


    To negate the prima facie evidence of the validity of the claim, the party in interest who objects must produce evidence which, if believed, would refute at least one of the allegations that is essential to the claim’s legal sufficiency. E.g. In re A Trucking Crane Rental & Repair Co., 2008 Dist. Lexis 4864 (S. D. Cal. 2008) (stating that trustee rebutted the prima facie validity of the proof of claim by contending the creditor failed to properly authenticate the sublease document). See contra, In re Preisendanz, 2017 Bankr. Lexis 3860 (Bankr. C. D. Cal. 2017) (showing that debtor rebutted the prima facia validity of the proof of claim by alleging the claim was barred pursuant to a statute of limitations of four years).


    By filing this motion, the Trustee, as a party in interest, rightfully discharged his duty. The Trustee believed that RCRM has been paid a portion of its unsecured claim and it is entitled to only $1057.39. The Trustee provided evidence of the Chapter 13 Trustee’s Final Report and Accounting. This information provides ample support to rebut the prima facial validity of Claim 11-1.


    If the objecting party produces sufficient evidence to negate one or more of the sworn facts in the proof of claim, the burden reverts back to the claimant to prove the validity of the claim by a preponderance of the evidence. See In re Consol. Pioneer Mort, 178 B.R. 222, 226 (9th Cir. BAP 1995), aff’d, 91 F.3d 151 (9th Cir. 1996)

    (quoting Allegheny Int’l, 954 F.2d at 173-74). The ultimate burden of persuasion remains at all times on the claimant. See Lundell, 223 F.3d at 1039; see also Holm,

    11:00 AM

    CONT...


    Josue Luna and Fabiola Luna


    Chapter 7

    931 F.2d at 623.


    TENTATIVE RULING:


    RCRM, not responding to the motion, has failed to prove the validity of Claim 11-1 by a preponderance of the evidence. Furthermore, pursuant to Local Bankr. Rules 9013-1(f)(3), the failure of a responding party to raise its objection or challenge in a response may be deemed consent. Thus, the Court GRANTS the request to reduce Claim 11-1 by $758.61, which was paid, leaving $1,057.39 due on Claim 11-1.

    APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


    Party Information

    Debtor(s):

    Josue Luna Represented By

    Jenny L Doling

    Joint Debtor(s):

    Fabiola Luna Represented By

    Jenny L Doling

    Movant(s):

    John P Pringle (TR) Represented By Todd A Frealy Carmela Pagay

    Trustee(s):

    John P Pringle (TR) Represented By Todd A Frealy Carmela Pagay

    11:00 AM

    6:13-28595


    Josue Luna and Fabiola Luna


    Chapter 7


    #16.00 Motion to Allow Claim 16 filed by Sterling Jewelers Inc. dba Kay Jewelers as Fully Secured, Not Entitled to Dividend


    Also #10 - #15


    EH        


    Docket 220

    Tentative Ruling:

    1/8/20


    BACKGROUND:


    On November 14, 2013 ("Petition Date"), Josue Luna ("Debtor") and Fabiola Luna ("Joint Debtor") (collectively, "Debtors") filed for voluntary Chapter 13 petition. On October 2, 2017, Sterling Jewelers, Inc. doing business as Kay Jewelers ("Sterling") filed a claim arising from the purchase of jewelry (the "Jewelry"). Sterling alleged that the amount of the claim was $2,945.49 ("Claim 16-1"). On the filing documents, Sterling stated that the claim was unsecured. However, on pages 5 and 6 of its Official Form 410, Sterling was granted a security interest in the Jewelry purchased by Debtor.


    On June 21, 2017, Debtors’ petition was converted to Chapter 7, and the Chapter 13 trustee was replaced by a Chapter 7 trustee, John P. Pringle ("Trustee"). On December 2, 2019, the Trustee filed this motion to allow the Claim 16-1. Dkt No.

    220. The Trustee motion states that the estate neither has administered nor will administer the Jewelry. Id. Thus, the claim should be allowed as a fully secured claim that is not entitled to a dividend. Id.


    APPLICABLE LAW:


    Pursuant to 11 U.S.C. § 501, a creditor may file a proof a claim when some

    11:00 AM

    CONT...


    Josue Luna and Fabiola Luna


    Chapter 7

    purpose would be served, such as, but not limited to, sharing in the distribution, contesting a claim, and notifying others of any claim. In re Chateaugay Corp., 94 F.3d 772, 777 (2d Cir. 1996). If the creditor files a proof of claim pursuant to Fed. Rule of Bankr. Procedure ("FRBP") 3001, such filing shall constitute as prima facie evidence of the validity and the amount of the claim. However, if the creditor fails to file a claim pursuant to this rule, the claim is not automatically disallowed. FBRP 3001(c) (2)(D)(i)-(ii).


    Pursuant to FRBP 3001(c), Sterling provided the claim amount; including an itemization of the interest, fees, expenses, and other charges, a statement of the amount necessary to cure any defaults; and the security interest which attached to the Jewelry. Fulfilling all the requirements of FRBP 3001(c), Sterling has a valid claim, and the filing constitute the validity and the amount of the claim.


    Pursuant to 11 U.S.C. § 502(a), a proof of claim is deemed allowed unless a party in interest objects. "A trustee[, being a party in interest,] has, not only the right but the duty, to object to any claim not entitled to allowance against the estate’s assets." In re Thompson, 965 F.2d 113 (1st Cir. 1992). If a party in interest fails to object, a proof of claim constitutes prima facie evidence of the validity and amount of the claim under Federal Rule of Bankruptcy Procedure 3001(f). See Lundell v. Anchor Constr. Specialists, Inc., 223 F.3d 1035, 1039 (9th Cir. 2000).


    Here, the Trustee has the right to object to the claim, yet he does the opposite, allowing the claim. Thus, the claim is still considered valid and the amount correct.


    However, the Trustee’s motion does not end with just allowing the claim. The Trustee also wants to prevent Sterling from receiving a dividend payment.

    Distribution of Chapter 7 is governed by § 726(a)(1) which references the payments of the kind specified in and in the order specified in § 507. Because secured creditors of the same kind as Sterling are neither listed in § 507 nor are they


    Furthermore, because the Trustee voluntarily decided not to administer the property for the estate, the Property is abandoned to the Debtors. 11 U.S.C. § 554(c). Therefore, it seems as if the Debtors have elected a "voluntary ride-through," which allows the Debtors to retain the Jewelry provided they are current on the it and Sterling does not object. In re Jensen, 407 B.R. 378 (Bankr. C. Cal. 2008). See also [Vol. 4] Collier on Bankruptcy ¶ 507.02 (Richard Levin & Henry J. Sommer eds., 16th

    11:00 AM

    CONT...

    ed.)


    Josue Luna and Fabiola Luna


    Chapter 7


    TENTATIVE RULING:


    Sterling, not responding to the motion, has failed to object. Furthermore, pursuant to Local Bankr. Rules 9013-1(f)(3), the failure of a responding party to raise its objection or challenge in a response may be deemed consent. Thus, the Court GRANTS the request to allow Claim 16-1, in the secure amount of $2,945.49 only, not entitled to distribution from the estate.


    APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


    Party Information

    Debtor(s):

    Josue Luna Represented By

    Jenny L Doling

    Joint Debtor(s):

    Fabiola Luna Represented By

    Jenny L Doling

    Movant(s):

    John P Pringle (TR) Represented By Todd A Frealy Carmela Pagay

    Trustee(s):

    John P Pringle (TR) Represented By Todd A Frealy Carmela Pagay

    11:00 AM

    CONT...


    Josue Luna and Fabiola Luna


    Chapter 7

    2:00 PM

    6:19-14650


    Blanca Flor Torres


    Chapter 7

    Adv#: 6:19-01117 Whitmore v. Gularte et al


    #17.00 Motion for Default Judgment against Jose A. Gularte And Marjorie Elizabeth Gularte-Torres


    Also #18 EH     

    Docket 11

    Tentative Ruling:

    1/8/20

    BACKGROUND


    On May 30, 2019 ("Petition Date"), Blanca Flor Torres ("Debtor") filed a Chapter 7 voluntary petition. On August 22, 2019, Robert S. Whitmore (the Chapter 7 "Trustee") brought an adversary proceeding against Jose Gularte ("Mr. Gularte") and Marjorie Elizabeth Gularte-Torres ("Mrs. Gularte-Torres") (collective, "Defendants") for the benefit of the estate.


    The adversary proceeding arose from a real estate transaction between the Debtor and the Defendants. Debtor and her spouse, Edgar S. Torres, bought real estate at 1527 Fairwood Way, Upland, CA 91786 (the "Property) on November 2, 1990.

    Less than two years before the Petition Date, on December 29, 2017, Debtor and her spouse transferred the Property to Mr. Gularte. Mr. Gularte then proceeded to transfer the deed to himself and his wife, Mrs. Gularte-Torres.


    The Trustee alleges that the transfer among the parties is fraudulent and seeks to avoid the transfer and recover the Property for the estate.


    The Trustee alleges that Defendants are insiders of the Debtor: Mr. Gularte is the debtor’s son-in-law, and Mrs. Gularte-Torres is the debtor’s daughter. Because Defendants and Debtor still reside at the same Property after the transfers occurred, Trustee alleges that Debtor still retains the benefit of ownership. The Trustee alleges

    2:00 PM

    CONT...


    Blanca Flor Torres


    Chapter 7

    that the consideration given was less than a reasonably equivalent value: a seller credit and a gift were given. The Trustee avers that the value of the consideration given was less than the value of the Debtor’s equity of $154,424.76.


    The Trustee served the summons and complaint on Defendants by first-class mail to Defendants’ home on August 23, 2019. After forty-eight days without Defendants pleading or defending against the relief sought by the Trustee, the Trustee requested an entry for default judgment. On October 11, 2019, the Clerk of the Court entered a default judgment against defendants.


    The Trustee now files this motion for an entry of default judgment by the Court to avoid and recovery the Property.


    DISCUSSION


    1. Jurisdiction


      1. Subject Matter Jurisdiction


        This Court has subject matter jurisdiction pursuant to U.S.C. §157(b)(1)— Bankruptcy Judges may hear and determine all cases under title 11 and all core proceedings arising under title 11—and 28 U.S.C. §1334. Trustee has asserted a claim arising under title 11, a Chapter 7 voluntary petition, and the matter concerns the administration of an estate. U.S.C. §157(b)(2)(A).


      2. Venue


        Venue is proper pursuant to 28 U.S.C. §1409(a):

        "Except as otherwise provided in subsections (b) and (d), a proceeding arising under title 11 or arising in or related to a case under title 11 may be commenced in the district court in which such case is pending."

        2:00 PM

        CONT...


        Blanca Flor Torres


        Chapter 7

        Debtor’s lead bankruptcy case (19-bk-14650-MH) is currently pending in this Court.


      3. Personal Jurisdiction


        Jose Gularte and Marjorie Elizabeth Gularte-Torres are residents of California.

        Thus, personal jurisdiction is proper.


    2. Entry of Default


      Federal Rule of Bankruptcy Procedure 7055 states that default judgments are applicable in adversary proceedings. Fed. R. Bankr. P. 7055. Furthermore, Federal Rule of Civil Procedure 55 states that "[w]hen a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party’s default." Fed. R. Civ. P. 55(a). Local Rule 7055-1 provides further requirements relating to a motion for entry of default judgment.


      In this case, the Trustee has fulfilled such requirements in his request for entry of default: (a) the identity of the parties whom default was entered and the date of entry of default; (b) the defaulting party is neither an infant nor an competent person;

      (c) the defendants are not currently on active duty in the armed forces, etc. The Trustee also provided information for the Clerk of the Court to rightly determine that defendants failed to plead or otherwise defend within twenty-one days after service of the summons and the complaint. Fed. R. Bankr. P. 7012(a) and (b). Thus, the Clerk entered a valid entry of default.


    3. Motion for Default Judgment


      1. Proper Service of Summons and Complaint

        2:00 PM

        CONT...


        Blanca Flor Torres


        Chapter 7


        FED. R. BANKR. P. Rule 7004(b)(1) states, in part:


        1. ervice may be made within the United States by first class mail postage prepaid as follows…


          1. Upon an individual other than an infant or incompetent, by mailing a copy of the summons and complaint to the individual’s dwelling house or usual place of abode or to the place where the individual regularly conducts a business or profession.


        Here, it appears that the motion for default judgment has been properly served.


      2. Entering a Default Judgment by the Court


        If the claim in not for a certain or arithmetically attainable sum, then the entry by default judgment must be made by the court. The Trustee has not asked for the value of the Debtor’s equity in the Property, $154,424.76. Instead, the Trustee has asked the Court to rule that the transfers were fraudulent, the transfers should be avoided, and that the Property should be returned to the Debtor’s bankruptcy estate. Thus, by requesting an injunctive relief, the Trustee has correctly sought a motion for default judgment by the Court.


      3. Factors to Consider


        When a court exercises its discretion to enter a default judgment it may consider a number of factors: (1) the possibility of prejudice to the plaintiff, (2) the merits of plaintiff’s substantive claim, (3) the sum of money at stake in the action (4) the possibility of disputes concerning material facts, (5) whether the default was due to excusable neglect, and (6) the strong policy underlying the Federal Rules of Civil Procedure favoring decisions on the merits. Eitle v. McCool, 782 F.2d 1470, 1471-72

        2:00 PM

        CONT...


        Blanca Flor Torres


        Chapter 7

        (9th Cir. 1986). When it comes to the first factor, the Trustee, being the arbiter of the estate would only be prejudice in his responsibility to provide the best interest of parties in interest. That is, by not recovering the property, the creditors would receive potential less than what they could have.


        1. Merits of Plaintiff’s Claim


          The general rule, upon an entry of default, the factual allegations of the plaintiff’s complaint will be taken as true. Totten v. Hurrell, 2001 U.S. Dist. Lexis 20909, *6 (N.D. Cal. 2001). "A default establishes the well-pleaded allegations of a complaint unless they are incapable of proof or are contrary to facts judicially noticed or to uncontroverted material in the file." In re McGee, 359 B.R. 764 (B.A.P 9th Cir.) (emphasis added by italicizing) (citing In re Consolidated Pretrial Proceedings in Air West Sec. Litigation, 436 F. Supp. 1281, 1286 (N.D. Cal. 1977)). A well-pleaded allegation is sufficient to prove defendant’s liability. TeleVideo Systems, Inc. v.

          Heidenthal, 826 F.2d 915, 917 (9th Cir. 1987).



          The Trustee alleges, pursuant to 11U.S.C. § 548(a)(1)(A), that Debtor within two years of filing her petition transferred the Property with actual intent to hinder, delay, or defraud. The word ‘intent’ is used to denote that the actor desire to cause consequences of his act. [Vol 5] Collier on Bankruptcy ¶ [548.04] (Richard Levin & Henry J. Sommer eds., 16th ed.). "If the actor knows that the consequences are certain, or substantially certain, to result from his act, and still goes ahead, he is treated by the law as if he had in fact desired to produce the result." Id.


          Because it is difficult to prove actual intent, courts infer fraudulent intent from the circumstances surrounding the transfer; including but not limited to (1) insolvency or other unmanageable indebtedness on the part of the debtor, (2) special relationship between the debtor and transferee; and after the transfer, (3) retention by the debtor of the property. In re Acequia, Inc. 34 F.3d 800 (9th Cir. Ct. App. 1994). These circumstances are universally recognized as the "badges of fraud." Id.

          The Trustee has provided evidence that the value of the Property,

          $575,000.000, which was agreed upon by Mr. Gularte and Debtor and her

          2:00 PM

          CONT...


          Blanca Flor Torres


          Chapter 7

          husband, was not given for consideration. (Dkt. No. 11, Ex. 5). In fact, something substantial less was given as consideration because Mr. Gularte received a "gift of equity" in the amount of $150,900.00. This special relationship—Defendants are the daughter and son-in-law of Debtor— precipitated such a gift alleged the Trustee. Furthermore, based on Debtor’s commencement documents, Debtor still lives at the Property, showing that Debtor still retains the benefit of the Property. (Dkt. No. 11, Ex. 7).


          Taken as true and neither incapable of proof nor contrary to facts observed by the Court, the Trustee’s allegations are sufficient to prove the claim of an actual fraudulent transfer under 11 U.S.C § 548(a)(1)(A).

          Moreover, taking the allegations of the compliant as true as to the second and third claims for relief, the Trustee has sufficiently alleged the elements of a claim for constructively fraudulent transfer against Defendants.


          This leaves only one claim of relief left. Whether the Court grants recovery of the Property pursuant to 11 U.S.C. § 550(a). The Court has ruled that Trustee’s allegations are sufficient to prove that the transfer of the Property was fraudulent. Thus, making the transaction avoidable.


          Based on the deeds transferring interest in the Property, Mr. Gularte is an immediate transferee and Mrs. Gularte-Torres is a mediate transferee.

          Irrespective of how they are defined, 11 U.S.C. § 550(a)(1) and (a)(2) permit the Trustee to recover the property from the Defendants. Seeing no reason to do otherwise, the Court grants the Trustee the Property pursuant to 11 U.S.C. § 550(a).


        2. Possibility of Disputes of Material Facts


          The Trustee provided evidence from the Debtor’s commencement document stating the Debtor still resides at the Property. The Trustee provided evidence of the transfer of interest in the property from Debtor and her husband to Defendants. Dkt No. 11, Ex. 3, 4, and 5. Trustee provided evidence of the value of the Property and the consideration given. Dkt. No. 11, Ex 5.

          Furthermore, Trustee duly served Defendants with process in this matter. Thus, the Court finds that the possibility of disputes of material facts is unlikely.

          2:00 PM

          CONT...


          Blanca Flor Torres


          Chapter 7


          1. Sum at Stake in the Action


            Even though the Trustee is looking for injunctive relief, the value of said property is significant to the estate. The last consideration given for the Property valued it at $575,000.00. Dkt. No.11, Ex 5. The Property would increase the bankruptcy estate by twenty-fold, weighing in favor of Defendants.


          2. Excusable Neglect


            Here, Defendants failed to plead or otherwise defend against the claim, and the Court does not otherwise see any basis for excusable neglect in the pleadings.


          3. Strong Policy


    Although the strong policy underlying the Federal Rules of Civil Procedure favoring decisions on the merits, the case at hand does not warrant a denial of judgment solely on that ground.


    TENTATIVE RULING

    2:00 PM

    CONT... Blanca Flor Torres

    Thus, the Court is inclined to GRANT the motion to the extent of awarding


    Chapter 7

    Trustee judgment on the first, second, third, and fourth claims of relief.


    APPEARANCES REQUIRED.


    Party Information

    Debtor(s):

    Blanca Flor Torres Represented By Brian J Horan

    Defendant(s):

    Jose Gularte Pro Se

    Marjorie Elizabeth Gularte-Torres Pro Se

    Movant(s):

    Robert S. Whitmore Pro Se

    Plaintiff(s):

    Robert S. Whitmore Pro Se

    Trustee(s):

    Robert Whitmore (TR) Pro Se

    2:00 PM

    6:19-14650


    Blanca Flor Torres


    Chapter 7

    Adv#: 6:19-01117 Whitmore v. Gularte et al


    #18.00 CONT Status Conference RE: [1] Adversary case 6:19-ap-01117. Complaint by Robert S. Whitmore against Jose Gularte, Marjorie Elizabeth Gularte-Torres. (Charge To Estate $350.00). (Attachments: # 1 Adversary Proceeding Cover Sheet # 2 Summons) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Philippi, Julie)


    From: 10/16/19, 12/11/19 Also #17

    EH     


    Docket 1


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Blanca Flor Torres Represented By Brian J Horan

    Defendant(s):

    Jose Gularte Pro Se

    Marjorie Elizabeth Gularte-Torres Pro Se

    Plaintiff(s):

    Robert S. Whitmore Pro Se

    Trustee(s):

    Robert Whitmore (TR) Pro Se

    2:00 PM

    6:18-17663


    Stephen Richard Morales


    Chapter 7

    Adv#: 6:18-01242 Forniss et al v. Morales et al


    #19.00 Motion for Default Judgment against Diane Forniss Morales Also #20

    EH     


    Docket 27

    Tentative Ruling:

    1/8/20

    BACKGROUND


    On September 10, 2018 ("Petition Date"), Stephen Richard Morales ("Debtor") and Diane Forniss Morales ("Joint Debtor) (collectively "Defendants") filed a Chapter 7 voluntary petition. On December 17, 2018, Stephen Forniss ("S. Forniss") and Alfonso Forniss ("A. Forniss") (collectively "Plaintiffs") brought an adversary proceeding against Defendants.

    On January 25, 2017, Domingo A Forniss ("D. Forniss") created the Domingo

    A. Forniss Revocable Trust ("D. Trust"). D. Trust was created for the benefit of D. Forniss’ children: his two boys, S. Forniss and A. Forniss, and his daughter, Joint Debtor. Each child received a one-third interest in the trust.


    Joint Debtor was appointed and acted as trustee for D. Trust. Within a month of the D. Trust formation, D. Forniss had passed away. All of D. Forniss assets were transferred to D. Trust, including D. Forniss’ home located at 9343 Pioneer Boulevard, Santa Fe Springs, Califonia, 90670 (the "Property").


    As trustee of the D. Trust, Joint Debtor had the power to administer the trust. She appointed her son, Stephen Morales Jr. ("Junior") as the broker and proceeded to sell the home. Plaintiffs alleged that the home was sold for $345,000.00 and Junior received a commission of $10,200.00.

    2:00 PM

    CONT... Stephen Richard Morales Chapter 7

    Plaintiffs contend that the Property was sold below market rate and evidence

    this by stating that the buyer of the Property resold the Property within six months for

    $444,000.00, a difference of $99,000.00. Plaintiffs also believed that Junior could have been replaced by other family members, whom were also realtors and would have sold the Property without a commission.

    After the Property was sold, Plaintiffs allege that Joint Debtor misappropriated

    $44,000.00 and failed to properly account for all the money, jewelry, and silver coins owned by D. Forniss. Joint Debtor admitted that she "distributed $44,000.00 more than her share of [D. Trust]."


    A settlement agreement was signed on April 3, 2018, where the parties—A. Forniss, S. Forniss, and Joint Debtor—agreed that Joint Debtor will pay the plaintiffs each $22,000.00. Such payment would be acquired within the next sixty days via a loan with Joint Debtor’s home being collateral for said loan. In return, Plaintiffs will release Joint Debtor of claims arising out of her breach of her fiduciary duties as trustee to D. Trust.


    By the time of the Petition Date, Joint Debtor had neither acquired the loan nor paid Plaintiffs. Furthermore, she transferred all her interest in her home to her husband, Debtor. Plaintiffs then filed their adversary proceeding claiming (1) fraud of defalcation while in a fiduciary capacity, (2) embezzlement (3) willful and malicious injury, and (4) Fraud.


    On August 27, 2019, after significant time had passed since serving Defendants and after multiple continuation due to settlement negotiations, Plaintiffs requested an entry of Default Judgment. On August 28, 2019, the Clerk of the Court entered a default against defendants.


    The Plaintiffs now filed a motion for default judgment praying for the Court to give them relief in the amount of $121,800.00:


    Liability Amount

    Excess Share of Trust $44,000.00 Plaintiffs share of

    commission paid to Junior: 6,800.00 Plaintiffs share of loss of

    value of house sold:

    2:00 PM

    CONT...


    Stephen Richard Morales

    Plaintiffs share of loss of

    value of house sold: 66,000.00 Attorney's Fee

    (estimated)              5,000.00

    Total $121,800.00


    Chapter 7


    DISCUSSION


    1. Jurisdiction


      1. Subject Matter Jurisdiction


        This Court has subject matter jurisdiction pursuant to 28 U.S.C. §157(b)(1)— Bankruptcy Judges may hear and determine all cases under title 11 and all core proceedings arising under title 11—and 28 U.S.C. §1334. Plaintiffs have asserted a claim arising under title 11, a Chapter 7 voluntary petition, and the matter concerns determinations as to the dischargeability of particular debts. U.S.C. §157(b)(2)(I).


      2. Venue


        Venue is proper pursuant to 28 U.S.C. §1409(a):

        "Except as otherwise provided in subsections (b) and (d), a proceeding arising under title 11 or arising in or related to a case under title 11 may be commenced in the district court in which such case is pending."

        Debtors’ lead bankruptcy case (18-bk-17663-MH) is currently pending in this Court.


      3. Personal Jurisdiction

        2:00 PM

        CONT...


        Stephen Richard Morales


        Chapter 7


        Defendants have consented to the Court having personal jurisdiction over them because they filed their Chapter 7 voluntary petition in this Court.


    2. Entry of Default


      Federal Rule of Bankruptcy Procedure 7055 states that default judgments are applicable in adversary proceedings. Fed. R. Bankr. P. 7055. Furthermore, Federal Rule of Civil Procedure 55 states that "[w]hen a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party’s default." Fed. R. Civ. P. 55(a). Local Rule 7055-1 provides further requirements relating to a motion for entry of default judgment.


      In this case, the Plaintiffs have fulfilled such requirements in their request for entry of default: (a) the identity of the parties whom default was entered and the date of entry of default; (b) the defaulting party is neither an infant nor an competent person; (c) the defendants are not currently on active duty in the armed forces, etc.

      The Plaintiffs also provided information for the Clerk of the Court to rightly determine that defendants failed to plead or otherwise defend within twenty-one days after service of the summons and the complaint. Fed. R. Bankr. P. 7012(a) and (b).

      Thus, the Clerk entered a valid entry of default.


    3. Motion for Default Judgment


      1. Proper Service of Summons and Complaint


        FED. R. BANKR. P. Rule 7004(b)(1) states, in part:


        1. ervice may be made within the United States by first class mail postage

          2:00 PM

          CONT...


          Stephen Richard Morales

          prepaid as follows…


          Chapter 7


          1. Upon an individual other than an infant or incompetent, by mailing a copy of the summons and complaint to the individual’s dwelling house or usual place of abode or to the place where the individual regularly conducts a business or profession.


        Here, it appears that the motion for default judgment has been properly served.


      2. Entering a Default Judgment by the Court


        If the claim in not for a certain or arithmetically attainable sum, then the entry by default judgment must be made by the court. F.R. Civ. P 55 (b)(2). All the amounts asked for by the Plaintiffs except for the value of the loss of the Property can be made certain. The alleged value of the loss to the Property cannot be readily ascertainable from the allegations of the complaint. Thus, the Plaintiffs have correctly sought a motion for default judgment by the Court.


      3. Factors to Consider


        When a court exercises its discretion to enter a default judgment it may consider a number of factors: (1) the possibility of prejudice to the plaintiff, (2) the merits of plaintiff’s substantive claim, (3) the sum of money at stake in the action (4) the possibility of disputes concerning material facts, (5) whether the default was due to excusable neglect, and (6) the strong policy underlying the Federal Rules of Civil Procedure favoring decisions on the merits. Eitel v. McCool, 782 F.2d 1470, 1471-72 (9th Cir. 1986).


        1. Prejudice to the Plaintiff

          2:00 PM

          CONT...


          Stephen Richard Morales


          Chapter 7


          When it comes to the first factor, if this motion for default judgment is not granted, the Plaintiffs will likely be without other recourse for recovery. United States v. Pac. Design Furniture, Inc., 2015 U.S. Dist. Lexis *4 (C. D. Cal. 2015). This factor weighs in favor of the Plaintiffs.


        2. Merits of Plaintiff’s Claim


          As a general rule, upon an entry of default, the factual allegations of the plaintiff’s complaint will be taken as true except those relating to the amount of damages. Totten v. Hurrell, 2001 U.S. Dist. Lexis 20909, *6 (N.D. Cal. 2001). A default establishes the well-pleaded allegations of a complaint unless they are (1) shown to be indefinite or erroneous by other statements in the complaint, (2) contrary to facts of which the court will take judicial notice, (3) not susceptible of proof by legitimate evidence, or (4) contrary to uncontroverted material in the file of the case. Trans World Airlines, Inc. v. Hughes, 38 F.R.D. 499, 501 (S.D.N.Y. 1965). A well- pleaded allegation is sufficient to prove defendant’s liability. TeleVideo Systems, Inc. v. Heidenthal, 826 F.2d 915, 917 (9th Cir. 1987).


          1. Well-Pleaded Allegations


            Plaintiffs allege that Joint Debtor, acting in her capacity as trustee of D. Trust, committed fraud and defalcation. 11 U.S.C. § 523(a)(4). To prove their claim, Plaintiffs must show that (1) Joint Debtor was a fiduciary with respect to the Plaintiffs and (2) Joint Debtor misappropriated trust fund or failed to account fully for the money received. In re Lewis, 97 F.3d 1182, 1186 (9th Cir. 1996).


            To determine whether the Joint Debtor was a fiduciary with respect to the Plaintiffs is governed by federal law. Under federal law, such relationship must arise from an express trust imposed before and without reference to the wrongdoing that created the liability. However, State law is consulted to

            2:00 PM

            CONT...


            Stephen Richard Morales


            Chapter 7

            determine whether the request trust relationship exists.

            Under California law, D. Trust is the type of trust that is clearly define within California Probate Code. Cal. Probate Code § 15200. The duties that were owed to the Plaintiffs as beneficiary of the D. Trust are listed in California Law, including the duty to administer trust property. Cal. Probate Code §§ 16000 -16042. Under California Law, a person named as trustee may accept the trust by knowingly exercising powers or performing duties under the trust instrument. Cal. Probate Code § 15600.


            In the settlement agreement, Joint Debtor acknowledge she was the trustee of D. Trust. Dkt. No. 27 Ex 2. In the pleading, Plaintiffs also described how Joint Debtor hired her son, Junior, to sell the Property. Thus, Plaintiffs have shown that Joint Debtor had a fiduciary duty to administer D. Trust, which named them as beneficiaries.


            In the same settlement agreement, Joint Debtor admitted she misappropriated $44,000.00. Dkt. No. 27 Ex 2. This fulfilled the elements of defalcation. Thus, pertaining to $44,000.00, Plaintiffs’ well-pleaded allegations are sufficient to prove Joint Debtor is liable pursuant to 11 U.S.C § 523(a)(4).


            In addition, the Local Bankruptcy Rule 7056-1(b)(4) allows attorney’s fee when a promissory note, contract, or applicable statute provides a basis for it. The settlement agreement provides for such a recovery. However, the reasonableness of the attorney’s fees will be calculated based upon the amount of the judgment. Local Bankr. R. 7056-1(b)(4)(A).


          2. Indefinite Allegations


            On the other hand, Plaintiffs’ allegations against Joint Debtor pertaining to the payment of commission to Junior and the price paid for the Property are insufficient. Plaintiffs neither claimed that Joint Debtor breached any duty in hiring Junior nor paying him a commission. Instead, they stated that a family member would have been willing to sell the Property without commission.

            Furthermore, Plaintiffs did not provide any evidence of their claim that

            2:00 PM

            CONT...


            Stephen Richard Morales


            Chapter 7

            the Property was sold below market value other than it was resold six months later, and the allegatiosn in the complaint are lacking as to the true value of the Property. Plaintiffs neither stated the condition of the property before it was sold nor alluded whether the new buyer made any improvements to the property before reselling. No market value analysis was provided prior to nor after the property was sold to bolter Plaintiffs’ claim.


            C. Possibility of Disputes of Material Facts


            Plaintiffs filed a complaint alleging all the elements necessary for them to prevail on their claims. The Court found that only two claims were well-pleaded enough to prevail. Thus, the Court believes that the possibility of a dispute over material facts is low.


            D. Sum at Stake in the Action


            The Court must consider the amount of money at stake in relations to the seriousness of Defendant’s conduct. PepsiCo, Inc. v. Cal. Sec. Cans, 238,

            F. Supp. 2d 1172, 1176 (C. D. Cal. 2002). A larger amount of money in dispute generally weigh against granting default judgment. Id. Joint Debtor knowingly misappropriated money which she knew belong to her brothers. She failed to discharge the duties she owed to the D. Trust and its beneficiaries. Because Plaintiffs asked for money which they believed were deprived from them, this factor weighs in their favor.


        3. Excusable Neglect


          Joint Debtor is aware of this proceeding. Defendants and Plaintiffs

          2:00 PM

          CONT...


          Stephen Richard Morales


          Chapter 7

          filed a motion to continue status conference so they could continue negotiations. Dkt. No. 12. Thus, Defendants’ failure to answer or defend is unlikely due to excusable neglect.


        4. Strong Policy


    Although the strong policy underlying the Federal Rules of Civil Procedure favoring decisions on the merits, the case at hand does not warrant a denial of judgment solely on that ground.


    TENTATIVE RULING



    Thus, the Court is inclined to GRANT the motion to the extent of awarding Plaintiffs $44,000 pursuant to 11 U.S.C. § 523(a)(4) and $3,240.00 in attorney’s fee pursuant to Local Bankruptcy Rule 7056-1(b)(4)(A).


    APPEARANCES REQUIRED.



    Party Information

    Debtor(s):

    Stephen Richard Morales Represented By Todd L Turoci

    Defendant(s):

    Stephan Richard Morales Pro Se

    Diane Forniss Morales Pro Se

    2:00 PM

    CONT...


    Stephen Richard Morales


    Chapter 7

    Joint Debtor(s):

    Diane Forniss Morales Represented By Todd L Turoci

    Movant(s):

    Stephen Forniss Represented By Fritz J Firman

    Alfonso Forniss Represented By Fritz J Firman

    Plaintiff(s):

    Stephen Forniss Represented By Fritz J Firman

    Alfonso Forniss Represented By Fritz J Firman

    Trustee(s):

    Karl T Anderson (TR) Pro Se

    2:00 PM

    6:18-17663


    Stephen Richard Morales


    Chapter 7

    Adv#: 6:18-01242 Forniss et al v. Morales et al


    #20.00 CONT Status Conference RE: [1] Adversary case 6:18-ap-01242. Complaint by Steven John Forniss against Stephan Richard Morales, Diane Forniss Morales, Todd Turoci. 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)) (Firman, Fritz)


    From: 3/6/19, 3/13/19, 5/22/19, 8/28/19, 12/4/19, 12/18/19


    Also #19 EH     

    Docket 1


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Stephen Richard Morales Represented By Todd L Turoci

    Defendant(s):

    Stephan Richard Morales Pro Se

    Diane Forniss Morales Pro Se

    Joint Debtor(s):

    Diane Forniss Morales Represented By Todd L Turoci

    Plaintiff(s):

    Stephen Forniss Represented By Fritz J Firman

    2:00 PM

    CONT...


    Stephen Richard Morales


    Chapter 7

    Alfonso Forniss Represented By Fritz J Firman

    Trustee(s):

    Karl T Anderson (TR) Pro Se

    2:00 PM

    6:17-20092


    Mark Bastorous


    Chapter 7

    Adv#: 6:18-01062 Khalil v. Bastorous et al


    #21.00 Motion to compel deposition of defendant Mark Bastorous and for Sanctions EH      

    Docket 72

    *** VACATED *** REASON: CONTINUED TO 2/5/20 AT 2:00 P.M.

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Mark Bastorous Represented By Thomas F Nowland

    Defendant(s):

    Mark Bastorous Represented By Thomas F Nowland

    Bernadette Shenouda Represented By Thomas F Nowland

    Joint Debtor(s):

    Bernadette Shenouda Represented By Thomas F Nowland

    Movant(s):

    Anis Khalil Pro Se

    Plaintiff(s):

    Anis Khalil Pro Se

    Trustee(s):

    John P Pringle (TR) Represented By David M Goodrich

    2:00 PM

    CONT...


    Mark Bastorous


    Reem J Bello


    Chapter 7

    2:00 PM

    6:18-12027


    Richard M. Thomas


    Chapter 7

    Adv#: 6:18-01156 Anderson, Chapter 7 Trustee v. Williams et al


    #22.00 CONT Motion For Summary Judgment Against Defendant Amy Williams From: 10/9/19

    Also #23 EH         

    Docket 51

    *** VACATED *** REASON: CONTINUED TO 4/8/20 AT 2:00 P.M.

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Richard M. Thomas Represented By Keith Q Nguyen

    Defendant(s):

    Amy Williams Represented By Anerio V Altman

    Richard M Thomas Jr. Pro Se

    Joint Debtor(s):

    Raquel Young Represented By Keith Q Nguyen

    Movant(s):

    Karl T. Anderson, Chapter 7 Trustee Represented By

    Frank X Ruggier

    Plaintiff(s):

    Karl T. Anderson, Chapter 7 Trustee Represented By

    2:00 PM

    CONT...


    Trustee(s):


    Richard M. Thomas


    Frank X Ruggier


    Chapter 7

    Karl T Anderson (TR) Represented By Larry D Simons Frank X Ruggier

    2:00 PM

    6:18-12027


    Richard M. Thomas


    Chapter 7

    Adv#: 6:18-01156 Anderson, Chapter 7 Trustee v. Williams et al


    #23.00 CONT Status Conference RE: [1] Adversary case 6:18-ap-01156. Complaint by Karl T. Anderson, Chapter 7 Trustee against Amy Williams, Richard M Thomas Jr.. (Charge To Estate) ($350.00). Complaint to: (1) Avoid and Recover Fraudulent Transfer; (2) Obtain Declaratory Relief as to Ownership of Real Property; and (3) Authorize Sale of Property Owned in Part by Non-Debtor Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)) (DEFAULT GRANTED AS TO SEVENTH CLAIM 4/19/19)


    From: 9/26/18, 11/7/18, 12/12/18, 1/30/19, 2/27/19, 4/10/19, 9/18/19, 10/9/19


    Also #22 EH         

    Docket 1

    *** VACATED *** REASON: CONTINUED TO 4/8/20 AT 2:00 P.M.

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Richard M. Thomas Represented By Keith Q Nguyen

    Defendant(s):

    Amy Williams Represented By Anerio V Altman

    Richard M Thomas Jr. Pro Se

    Joint Debtor(s):

    Raquel Young Represented By Keith Q Nguyen

    2:00 PM

    CONT...


    Richard M. Thomas


    Chapter 7

    Plaintiff(s):

    Karl T. Anderson, Chapter 7 Trustee Represented By

    Frank X Ruggier

    Trustee(s):

    Karl T Anderson (TR) Represented By Larry D Simons Frank X Ruggier

    11:00 AM

    6:17-14469


    Mario Timothy Velasquez and Susan Lorraine Velasquez


    Chapter 13


    #1.00 Objection to Claim of LVNV Funding, Beneficial National Bank USA, Claim 7, and Motion for Order Disallowing Claim


    Also #2 EH         

    Docket 53

    Tentative Ruling:

    1/9/20


    BACKGROUND:


    On May 26, 2017 ("Petition Date"), Mario Timothy Velasquez ("Debtor") and Susan Lorraine Velasquez ("Joint Debtor") (collectively, "Debtors") filed for Chapter 13 voluntary petition. On, October 5, 2017, LVNV Funding, LLC ("LVNV") filed a claim based on credit card purchases ("Claim 7-1"). LVNV’s filing stated the amount of Claim 7-1 to be $2,665.92, all of which is unsecured.


    On December 4, 2019, the Debtors, through their counsel, filed this motion asking for Claim 7-1 be disallowed because it was time-barred. Debtors allege, pursuant to Californian law, the statute of limitations prevents LVNV from collecting any amount on Claim 7-1.


    ANALYSIS:


    Pursuant to 11 U.S.C. § 501, a creditor may file a proof a claim when some purpose would be served, such as, but not limited to, sharing in the distribution, contesting a claim, and notifying others of any claim. In re Chateaugay Corp., 94 F.3d 772, 777 (2d Cir. 1996). If the creditor files a proof of claim pursuant to Fed. Rule of Bankr. Procedure ("FRBP") 3001, such filing shall constitute as prima facie evidence of the validity and the amount of the claim. However, if the creditor fails to file a claim pursuant to this rule, the claim is not automatically disallowed. FBRP 3001(c)

    11:00 AM

    CONT...


    Mario Timothy Velasquez and Susan Lorraine Velasquez


    Chapter 13

    (2)(D)(i)-(ii).


    LVNV’s filing of Claim 7-1 followed the procedures listed in FRBP 3001(c) (3): (1) the date of the last payment was provided, (2) the date of the account holder’s last transaction, (3) the date on which the account was charged to profit and loss, etc. Dkt. No. 53, Ex. B. Thus, the filing constitutes as prima facie evidence of the validity and the amount of the claim, $2,665.92.


    Pursuant to 11 U.S.C. § 502(a), a proof of claim is deemed allowed unless a party in interest objects. A chapter 13 debtor is considered a party in interest under 11

    U.S.C. § 502(a) to object to claims. [Vol 4] Collier on Bankruptcy ¶ 502.02[2][d] (Richard Levin & Henry J. Sommer eds., 16th ed.). If a party in interest fails to object, a proof of claim constitutes prima facie evidence of the validity and amount of the claim under Federal Rule of Bankruptcy Procedure 3001(f). See Lundell v. Anchor Constr. Specialists, Inc., 223 F.3d 1035, 1039 (9th Cir. 2000).


    To negate the prima facie evidence of the validity of the claim, the party in interest who objects must produce evidence which, if believed, would refute at least one of the allegations that is essential to the claim’s legal sufficiency. E.g. In re A Trucking Crane Rental & Repair Co., 2008 Dist. Lexis 4864 (S. D. Cal. 2008) (stating that trustee rebutted the prima facie validity of the proof of claim by contending the creditor failed to properly authenticate the sublease document). See also, In re Preisendanz, 2017 Bankr. Lexis 3860 (Bankr. C. D. Cal. 2017) (showing that debtor rebutted the prima facia validity of the proof of claim by alleging the claim was barred pursuant to a statute of limitations of four years).


    The Debtors as party in interest have standing to file this motion. The Debtors allege, pursuant to California Civil Code §§ 335 and 337, Claim 7-1 is time-barred from collection: more than four years have passed from the last transaction date to the Petition Date. Thus, under the Debtors’ reasoning, Claim 7-1 is unenforceable and should be disallowed.


    California Code of Civil Procedure §335 states the period prescribed for the commencement of actions other than for the recovery of real property. The Subdivision then prescribes the statute of limitations, four years, for written obligations. California Code of Civil Procedures §337 specifies when the time shall begin to run. In this instance, because it is unknown how many items were on the

    11:00 AM

    CONT...


    Mario Timothy Velasquez and Susan Lorraine Velasquez


    Chapter 13

    account, the time shall begin to run from the date of the last item.


    Based on LVNV’s filing of Claim 7-1 the last item purchased was on October 18, 1998. Thus, more than eighteen years had passed from when the item was purchased to when the petition was filed. Therefore, the Court has found Claim 7-1 is time-barred.


    If the objecting party produces sufficient evidence to negate one or more of the sworn facts in the proof of claim, the burden reverts back to the claimant to prove the validity of the claim by a preponderance of the evidence. See In re Consol. Pioneer Mort, 178 B.R. 222, 226 (9th Cir. BAP 1995), aff’d, 91 F.3d 151 (9th Cir. 1996)

    (quoting Allegheny Int’l, 954 F.2d at 173-74). The ultimate burden of persuasion remains at all times on the claimant. See Lundell, 223 F.3d at 1039; see also Holm, 931 F.2d at 623.


    TENTATIVE RULING:


    LVNV, not responding to the motion, has failed to prove the validity of Claim 7-1 by a preponderance of the evidence. Furthermore, pursuant to Local Bankr. Rules 9013-1(f)(3), the failure of a responding party to raise its objection or challenge in a response may be deemed consent. Thus, the Court GRANTS the request to disallow Claim 7-1 in its entirety because it is time-barred and unenforceable.

    APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


    Party Information

    Debtor(s):

    Mario Timothy Velasquez Represented By Paul Y Lee

    Joint Debtor(s):

    11:00 AM

    CONT...


    Mario Timothy Velasquez and Susan Lorraine Velasquez


    Chapter 13

    Susan Lorraine Velasquez Represented By Paul Y Lee

    Movant(s):

    Mario Timothy Velasquez Represented By Paul Y Lee

    Susan Lorraine Velasquez Represented By Paul Y Lee

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:17-14469


    Mario Timothy Velasquez and Susan Lorraine Velasquez


    Chapter 13


    #2.00 Objection to Claim of LVNV Funding LLC its Successors and Assigns as Assignee of OSI Funding, LLC, number 8 (8) and Motion for Order Disallowing Claim


    Also #1 EH         

    Docket 54

    Tentative Ruling:

    1/9/20


    BACKGROUND:


    On May 26, 2017 ("Petition Date"), Mario Timothy Velasquez ("Debtor") and Susan Lorraine Velasquez ("Joint Debtor") (collectively, "Debtors") filed for Chapter 13 voluntary petition. On, October 5, 2017, LVNV Funding, LLC ("LVNV") filed a claim based on credit card purchases ("Claim 8-1"). LVNV’s filing stated the amount of Claim 8-1 to be $6,934.52, all of which is unsecured.


    On December 4, 2019, the Debtors, through their counsel, filed this motion asking for Claim 8-1 be disallowed because it was time-barred. Debtors allege, pursuant to Californian law, the statute of limitations prevents LVNV from collecting any amount on Claim 8-1.


    ANALYSIS:


    Pursuant to 11 U.S.C. § 501, a creditor may file a proof a claim when some purpose would be served, such as, but not limited to, sharing in the distribution, contesting a claim, and notifying others of any claim. In re Chateaugay Corp., 94 F.3d 772, 777 (2d Cir. 1996). If the creditor files a proof of claim pursuant to Fed. Rule of Bankr. Procedure ("FRBP") 3001, such filing shall constitute as prima facie evidence of the validity and the amount of the claim. However, if the creditor fails to file a

    11:00 AM

    CONT...


    Mario Timothy Velasquez and Susan Lorraine Velasquez


    Chapter 13

    claim pursuant to this rule, the claim is not automatically disallowed. FBRP 3001(c) (2)(D)(i)-(ii).


    LVNV’s filing of Claim 8-1 followed the procedures listed in FRBP 3001(c) (3): (1) the date of the last payment was provided, (2) the date of the account holder’s last transaction, (3) the date on which the account was charged to profit and loss, etc. Dkt. No. 54, Ex. B. Thus, the filing constitutes as prima facie evidence of the validity and the amount of the claim, $6,934.52.


    Pursuant to 11 U.S.C. § 502(a), a proof of claim is deemed allowed unless a party in interest objects. A chapter 13 debtor is considered a party in interest under 11

    U.S.C. § 502(a) to object to claims. [Vol 4] Collier on Bankruptcy ¶ 502.02[2][d] (Richard Levin & Henry J. Sommer eds., 16th ed.). If a party in interest fails to object, a proof of claim constitutes prima facie evidence of the validity and amount of the claim under Federal Rule of Bankruptcy Procedure 3001(f). See Lundell v. Anchor Constr. Specialists, Inc., 223 F.3d 1035, 1039 (9th Cir. 2000).


    To negate the prima facie evidence of the validity of the claim, the party in interest who objects must produce evidence which, if believed, would refute at least one of the allegations that is essential to the claim’s legal sufficiency. E.g. In re A Trucking Crane Rental & Repair Co., 2008 Dist. Lexis 4864 (S. D. Cal. 2008) (stating that trustee rebutted the prima facie validity of the proof of claim by contending the creditor failed to properly authenticate the sublease document); see also, In re Preisendanz, 2017 Bankr. Lexis 3860 (Bankr. C. D. Cal. 2017) (showing that debtor rebutted the prima facia validity of the proof of claim by alleging the claim was barred pursuant to a statute of limitations of four years).


    The Debtors as party in interest have standing to file this motion. The Debtors allege, pursuant to California Civil Code §§ 335 and 337, Claim 8-1 is time-barred from collection: more than four years have passed from the last transaction date to the Petition Date. Thus, under the Debtors’ reasoning, Claim 8-1 is unenforceable and should be disallowed.


    California Code of Civil Procedure §335 states the period prescribed for the commencement of actions other than for the recovery of real property. The Subdivision then prescribes the statute of limitations, four years, for written obligations. California Code of Civil Procedures §337 specifies when the time shall

    11:00 AM

    CONT...


    Mario Timothy Velasquez and Susan Lorraine Velasquez


    Chapter 13

    begin to run. In this instance, because it is unknown how many items were on the account, the time shall begin to run from the date of the last item.


    Based on LVNV’s filing of Claim 8-1 the last item purchased was on October 13, 1999. Thus, more than seventeen years had passed from when the item was purchased to when the petition was filed. Therefore, the Court has found Claim 8-1 is time-barred.


    If the objecting party produces sufficient evidence to negate one or more of the sworn facts in the proof of claim, the burden reverts back to the claimant to prove the validity of the claim by a preponderance of the evidence. See In re Consol. Pioneer Mort, 178 B.R. 222, 226 (9th Cir. BAP 1995), aff’d, 91 F.3d 151 (9th Cir. 1996)

    (quoting Allegheny Int’l, 954 F.2d at 173-74). The ultimate burden of persuasion remains at all times on the claimant. See Lundell, 223 F.3d at 1039; see also Holm, 931 F.2d at 623.


    TENTATIVE RULING:


    LVNV, not responding to the motion, has failed to prove the validity of Claim 8-1 by a preponderance of the evidence. Furthermore, pursuant to Local Bankr. Rules 9013-1(f)(3), the failure of a responding party to raise its objection or challenge in a response may be deemed consent. Thus, the Court GRANTS the request to disallow Claim 8-1 in its entirety because it is time-barred and unenforceable.

    APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


    Party Information

    Debtor(s):

    Mario Timothy Velasquez Represented By Paul Y Lee

    11:00 AM

    CONT...


    Mario Timothy Velasquez and Susan Lorraine Velasquez


    Chapter 13

    Joint Debtor(s):

    Susan Lorraine Velasquez Represented By Paul Y Lee

    Movant(s):

    Mario Timothy Velasquez Represented By Paul Y Lee

    Susan Lorraine Velasquez Represented By Paul Y Lee

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:19-19470


    Katrina C Lambert


    Chapter 13


    #3.00 Motion RE: Objection to Claim Number 3 by Claimant Navy Federal Credit Union EH         

    Docket 21

    Tentative Ruling:

    1/9/20


    BACKGROUND:


    On May 26, 2019 ("Petition Date"), Katrina C. Lambert ("Debtor") filed for Chapter 13 voluntary petition. On, November 1, 2019, Navy Federal Credit Union ("Navy Federal") filed a claim based on credit card purchases ("Claim 3-1"). Navy Federal’s filing stated the amount of Claim 3-1 to be $6,987.07, all of which is unsecured.


    On December 2, 2019, the Debtor, through her counsel, filed this motion asking for Claim 3-1 be disallowed because it was time-barred. Debtors allege, pursuant to Californian law, the statute of limitations prevents Navy Federal from collecting any amount on Claim 3-1.


    ANALYSIS:


    Pursuant to 11 U.S.C. § 501, a creditor may file a proof a claim when some purpose would be served, such as, but not limited to, sharing in the distribution, contesting a claim, and notifying others of any claim. In re Chateaugay Corp., 94 F.3d 772, 777 (2d Cir. 1996). If the creditor files a proof of claim pursuant to Fed. Rule of Bankr. Procedure ("FRBP") 3001, such filing shall constitute as prima facie evidence of the validity and the amount of the claim. However, if the creditor fails to file a claim pursuant to this rule, the claim is not automatically disallowed. FBRP 3001(c) (2)(D)(i)-(ii).


    Navy Federal’s filing of Claim 3-1 followed the procedures listed in FRBP

    11:00 AM

    CONT...


    Katrina C Lambert


    Chapter 13

    3001(c)(3): (1) the date of the last payment was provided, (2) the date of the account holder’s last transaction, (3) the date on which the account was charged to profit and loss, etc. Dkt. No. 21, Pg. 10. Thus, the filing constitutes as prima facie evidence of the validity and the amount of the claim, $6,987.07.


    Pursuant to 11 U.S.C. § 502(a), a proof of claim is deemed allowed unless a party in interest objects. A chapter 13 debtor is considered a party in interest under 11

    U.S.C. § 502(a) to object to claims. [Vol 4] Collier on Bankruptcy ¶ 502.02[2][d] (Richard Levin & Henry J. Sommer eds., 16th ed.). If a party in interest fails to object, a proof of claim constitutes prima facie evidence of the validity and amount of the claim under Federal Rule of Bankruptcy Procedure 3001(f). See Lundell v. Anchor Constr. Specialists, Inc., 223 F.3d 1035, 1039 (9th Cir. 2000).


    To negate the prima facie evidence of the validity of the claim, the party in interest who objects must produce evidence which, if believed, would refute at least one of the allegations that is essential to the claim’s legal sufficiency. E.g. In re A Trucking Crane Rental & Repair Co., 2008 Dist. Lexis 4864 (S. D. Cal. 2008) (stating that trustee rebutted the prima facie validity of the proof of claim by contending the creditor failed to properly authenticate the sublease document); see also, In re Preisendanz, 2017 Bankr. Lexis 3860 (Bankr. C. D. Cal. 2017) (showing that debtor rebutted the prima facia validity of the proof of claim by alleging the claim was barred pursuant to a statute of limitations of four years).


    The Debtor as a party in interest has standing to file this motion. The Debtor alleges, pursuant to California Civil Code §§ 335 and 337, Claim 3-1 is time-barred from collection: more than four years have passed from the last transaction date to the Petition Date. Thus, under the Debtor’s reasoning, Claim 3-1 is unenforceable and should be disallowed.


    California Code of Civil Procedure §335 states the period prescribed for the commencement of actions other than for the recovery of real property. The Subdivision then prescribes the statute of limitations, four years, for written obligations. California Code of Civil Procedures §337 specifies when the time shall begin to run. In this instance, because it is unknown how many items were on the account, the time shall begin to run from the date of the last item.


    Based on Navy Federal’s filing of Claim 3-1 the last item purchased was on

    11:00 AM

    CONT...


    Katrina C Lambert


    Chapter 13

    June 8, 2010. Thus, more than nine years had passed from when the item was purchased to when the petition was filed. Therefore, the Court has found Claim 3-1 is time-barred.


    If the objecting party produces sufficient evidence to negate one or more of the sworn facts in the proof of claim, the burden reverts back to the claimant to prove the validity of the claim by a preponderance of the evidence. See In re Consol. Pioneer Mort, 178 B.R. 222, 226 (9th Cir. BAP 1995), aff’d, 91 F.3d 151 (9th Cir. 1996)

    (quoting Allegheny Int’l, 954 F.2d at 173-74). The ultimate burden of persuasion remains at all times on the claimant. See Lundell, 223 F.3d at 1039; see also Holm, 931 F.2d at 623.


    TENTATIVE RULING:


    Navy Federal, not responding to the motion, has failed to prove the validity of Claim 3-1 by a preponderance of the evidence. Furthermore, pursuant to Local Bankr. Rules 9013-1(f)(3), the failure of a responding party to raise its objection or challenge in a response may be deemed consent. Thus, the Court GRANTS the request to disallow Claim 3-1 in its entirety because it is time-barred and unenforceable.

    APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


    Party Information

    Debtor(s):

    Katrina C Lambert Represented By David L Nelson

    Movant(s):

    Katrina C Lambert Represented By David L Nelson David L Nelson

    11:00 AM

    CONT...


    Trustee(s):


    Katrina C Lambert


    David L Nelson


    Chapter 13

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:19-13994


    Oscar Carrasco De Dios and Sofia P. De Dios


    Chapter 13


    #4.00 CONT Motion RE: Objection to Claim Number 4 by Claimant CIT BANK, N.A..


    From: 9/5/19, 10/3/19, 12/5/19 Also #5

    EH     


    Docket 22

    *** VACATED *** REASON: WITHDRAWAL OF OBJECTION FILED 12/26/19

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Oscar Carrasco De Dios Represented By

    Glenn Ward Calsada

    Joint Debtor(s):

    Sofia P. De Dios Represented By

    Glenn Ward Calsada

    Movant(s):

    Oscar Carrasco De Dios Represented By

    Glenn Ward Calsada Glenn Ward Calsada Glenn Ward Calsada

    Sofia P. De Dios Represented By

    Glenn Ward Calsada Glenn Ward Calsada

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    CONT...


    Oscar Carrasco De Dios and Sofia P. De Dios


    Chapter 13

    11:00 AM

    6:19-13994


    Oscar Carrasco De Dios and Sofia P. De Dios


    Chapter 13


    #5.00 CONT Confirmation of Chapter 13 Plan From: 8/1/19, 9/5/19, 10/3/19, 12/5/19 Also #4

    EH      


    Docket 0


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Oscar Carrasco De Dios Represented By

    Glenn Ward Calsada

    Joint Debtor(s):

    Sofia P. De Dios Represented By

    Glenn Ward Calsada

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:19-18826


    Ricardo Barajas


    Chapter 13


    #6.00 Confirmation of Chapter 13 Plan EH      

    Docket 0


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Ricardo Barajas Represented By Gregory Ashcraft

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:19-18827


    Dana Lynn Chapman


    Chapter 13


    #7.00 Confirmation of Chapter 13 Plan EH      

    Docket 0

    *** VACATED *** REASON: CASE DISMISSED 10/28/19

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Dana Lynn Chapman Pro Se

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:19-18832


    Rueben Duran


    Chapter 13


    #8.00 Confirmation of Chapter 13 Plan EH      

    Docket 0


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Rueben Duran Represented By Paul Y Lee

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:19-18850


    Sonia Salguero


    Chapter 13


    #9.00 Confirmation of Chapter 13 Plan EH      

    Docket 0


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Sonia Salguero Represented By Christopher J Langley

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:19-18864


    Rebecca Moore


    Chapter 13


    #10.00 Confirmation of Chapter 13 Plan EH      

    Docket 0


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Rebecca Moore Represented By Edward T Weber

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:19-18876


    Pablo Cornejo


    Chapter 13


    #11.00 Confirmation of Chapter 13 Plan EH      

    Docket 0


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Pablo Cornejo Represented By Daniel King

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:19-18906


    Michael D Albrecht and Irene R Albrecht


    Chapter 13


    #12.00 Confirmation of Chapter 13 Plan EH      

    Docket 0


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Michael D Albrecht Represented By Paul Y Lee

    Joint Debtor(s):

    Irene R Albrecht Represented By Paul Y Lee

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:19-18923


    Tony Andy Garcia, II


    Chapter 13


    #13.00 Confirmation of Chapter 13 Plan EH      

    Docket 0


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Tony Andy Garcia II Represented By Sundee M Teeple

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:19-18954


    Solomon Broadnax


    Chapter 13


    #14.00 Confirmation of Chapter 13 Plan EH      

    Docket 0


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Solomon Broadnax Represented By Kevin Tang

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:19-18990


    Lori Ann Caruthers Collins


    Chapter 13


    #15.00 Confirmation of Chapter 13 Plan EH      

    Docket 0


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Lori Ann Caruthers Collins Represented By

    Ethan Kiwhan Chin

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:19-19015


    Isaac Santillan


    Chapter 13


    #16.00 Confirmation of Chapter 13 Plan EH      

    Docket 0


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Isaac Santillan Represented By Jenny L Doling

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:19-19063


    Paul Edward Young, Jr.


    Chapter 13


    #17.00 Confirmation of Chapter 13 Plan EH      

    Docket 0


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Paul Edward Young Jr. Represented By Seema N Sood

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:19-19073


    Mercy Doria


    Chapter 13


    #18.00 Confirmation of Chapter 13 Plan EH      

    Docket 0


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Mercy Doria Represented By

    Andrew Nguyen

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:19-19092


    Hakim M. Iscandari and Christine E. Allen


    Chapter 13


    #19.00 Confirmation of Chapter 13 Plan EH      

    Docket 0


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Hakim M. Iscandari Represented By Christopher J Langley

    Joint Debtor(s):

    Christine E. Allen Represented By Christopher J Langley

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:19-19106


    David Cornelius Watson and Crystal Tamara Watson


    Chapter 13


    #20.00 Confirmation of Chapter 13 Plan EH      

    Docket 0


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    David Cornelius Watson Represented By Todd L Turoci

    Joint Debtor(s):

    Crystal Tamara Watson Represented By Todd L Turoci

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:19-19108


    Miesha T. Johnson


    Chapter 13


    #21.00 Confirmation of Chapter 13 Plan EH      

    Docket 0


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Miesha T. Johnson Represented By Sundee M Teeple

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:19-19109


    Brian Erik May and Lizabeth Marie Smith


    Chapter 13


    #22.00 Confirmation of Chapter 13 Plan EH      

    Docket 0


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Brian Erik May Represented By Sundee M Teeple

    Joint Debtor(s):

    Lizabeth Marie Smith Represented By Sundee M Teeple

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:19-19112


    Larry Gene Walder and Frances Leitha Walder


    Chapter 13


    #23.00 Confirmation of Chapter 13 Plan EH      

    Docket 0


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Larry Gene Walder Represented By Dana Travis

    Joint Debtor(s):

    Frances Leitha Walder Represented By Dana Travis

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:19-19120


    Heinrich Franz Brinkmann


    Chapter 13


    #24.00 Confirmation of Chapter 13 Plan EH      

    Docket 0


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Heinrich Franz Brinkmann Represented By Stephen H Darrow

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:19-19127


    Brenadette Schoby


    Chapter 13


    #25.00 Confirmation of Chapter 13 Plan EH      

    Docket 0


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Brenadette Schoby Represented By

    Dennis A Rasmussen

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:19-19174


    Sean Simon Roseman


    Chapter 13


    #26.00 Confirmation of Chapter 13 Plan EH      

    Docket 0


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Sean Simon Roseman Pro Se

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:19-19190


    John Charles Ballard and Denise J. Ballard


    Chapter 13


    #27.00 Confirmation of Chapter 13 Plan EH      

    Docket 0


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    John Charles Ballard Represented By Julie J Villalobos

    Joint Debtor(s):

    Denise J. Ballard Represented By Julie J Villalobos

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:19-16881


    Juan Manuel Andrade and Cecilia R Andrade


    Chapter 13


    #28.00 Confirmation of Chapter 13 Plan EH      

    Docket 0


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Juan Manuel Andrade Represented By

    J.D. Cuzzolina

    Joint Debtor(s):

    Cecilia R Andrade Represented By

    J.D. Cuzzolina

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:01 AM

    6:16-12191


    Valicia LaShawn Fennell


    Chapter 13


    #29.00 CONT Trustee's Motion to Dismiss Case From: 12/5/19

    EH     


    Docket 112


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Valicia LaShawn Fennell Pro Se

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:01 AM

    6:16-15304


    Fabiola Puttre


    Chapter 13


    #30.00 Trustee's Motion to Dismiss Case EH     

    Docket 94


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Fabiola Puttre Represented By Paul Y Lee

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:01 AM

    6:16-16319


    Jeffrey Otto Schellin and Jennifer Lynn Schellin


    Chapter 13


    #31.00 Trustee's Motion to Dismiss Case EH     

    Docket 98

    *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 12/26/19

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Jeffrey Otto Schellin Represented By John F Brady

    Joint Debtor(s):

    Jennifer Lynn Schellin Represented By John F Brady

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:01 AM

    6:16-18621


    John Wesley Wilson, Jr. and Michelle Janet Wilson


    Chapter 13


    #32.00 Trustee's Motion to Dismiss Case EH     

    Docket 80


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    John Wesley Wilson Jr. Represented By Julie J Villalobos

    Joint Debtor(s):

    Michelle Janet Wilson Represented By Julie J Villalobos

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:01 AM

    6:16-19783


    Melanie Lourdes Davis


    Chapter 13


    #33.00 Trustee's Motion to Dismiss Case EH     

    Docket 76


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Melanie Lourdes Davis Represented By Gary S Saunders

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:01 AM

    6:16-19890


    Rick Gaeta Carreon


    Chapter 13


    #34.00 Trustee's Motion to Dismiss Case EH         

    Docket 142


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Rick Gaeta Carreon Represented By

    Ramiro Flores Munoz

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:01 AM

    6:16-21234


    Frank A Horzen and Barbara A Horzen


    Chapter 13


    #35.00 Trustee's Motion to Dismiss Case EH     

    Docket 143

    *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 12/19/19

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Frank A Horzen Represented By Paul Y Lee

    Joint Debtor(s):

    Barbara A Horzen Represented By Paul Y Lee

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:01 AM

    6:17-10787


    Willie J Brooks


    Chapter 13


    #36.00 Trustee's Motion to Dismiss Case EH     

    Docket 69

    *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 12/26/19

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Willie J Brooks Represented By Kevin Tang

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:01 AM

    6:17-18392


    Polina Manyika


    Chapter 13


    #37.00 Trustee's Motion to Dismiss Case EH         

    Docket 40


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Polina Manyika Represented By Joel M Feinstein

    Movant(s):

    Rod Danielson (TR) Pro Se

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:01 AM

    6:17-18507


    Johnny Alcala


    Chapter 13


    #38.00 Trustee's Motion to Dismiss Case EH      

    Docket 71


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Johnny Alcala Represented By Paul Y Lee

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:01 AM

    6:17-19787


    Gloria Hayslet


    Chapter 13


    #39.00 Trustee's Motion to Dismiss Case EH     

    Docket 80

    *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

    1/8/20

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Gloria Hayslet Represented By Nancy Korompis

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:01 AM

    6:17-20487


    Ann Marie Smith


    Chapter 13


    #40.00 Trustee's Motion to Dismiss Case EH     

    Docket 117


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Ann Marie Smith Represented By Brian J Soo-Hoo

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:01 AM

    6:18-11407


    Rushelyn Napalan


    Chapter 13


    #41.00 Trustee's Motion to Dismiss Case EH     

    Docket 53


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Rushelyn Napalan Represented By Paul Y Lee

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:01 AM

    6:18-13481


    Rorye James Mosley, Sr.


    Chapter 13


    #42.00 Trustee's Motion to Dismiss Case EH     

    Docket 69


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Rorye James Mosley Sr. Represented By Brian J Soo-Hoo

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:01 AM

    6:18-15541


    Alejandro Guillen and Karla Guillen


    Chapter 13


    #43.00 Trustee's Motion to Dismiss Case EH     

    Docket 49


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Alejandro Guillen Represented By Neil R Hedtke

    Joint Debtor(s):

    Karla Guillen Represented By Neil R Hedtke

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:01 AM

    6:18-16855


    Juan Manuel Barragan and Yazmeen Nicole Barragan


    Chapter 13


    #44.00 Trustee's Motion to Dismiss Case EH     

    Docket 28


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Juan Manuel Barragan Represented By Jaime A Cuevas Jr.

    Joint Debtor(s):

    Yazmeen Nicole Barragan Represented By Jaime A Cuevas Jr.

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:01 AM

    6:18-18374


    Mariama T Jobe


    Chapter 13


    #45.00 Trustee's Motion to Dismiss Case EH     

    Docket 61


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Mariama T Jobe Represented By Gary S Saunders

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:01 AM

    6:18-19093


    Yolanda Williams


    Chapter 13


    #46.00 Trustee's Motion to Dismiss Case EH     

    Docket 77


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Yolanda Williams Represented By Dana Travis

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:01 AM

    6:18-19340


    Dawn Michele McClure


    Chapter 13


    #47.00 Trustee's Motion to Dismiss Case EH     

    Docket 43


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Dawn Michele McClure Represented By Kevin Tang

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:01 AM

    6:18-19595


    Richard Lee Bigham


    Chapter 13


    #48.00 Trustee's Motion to Dismiss Case EH     

    Docket 28


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Richard Lee Bigham Represented By Michael E Clark

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:01 AM

    6:18-20002


    Tanyua Alicia Gates-Holmes


    Chapter 13


    #49.00 Trustee's Motion to Dismiss Case EH     

    Docket 61


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Tanyua Alicia Gates-Holmes Represented By John F Brady

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:01 AM

    6:18-20176


    Garry Kenneth Frazier


    Chapter 13


    #50.00 Trustee's Motion to Dismiss Case EH     

    Docket 41


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Garry Kenneth Frazier Represented By John F Brady

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:01 AM

    6:18-20402


    Frank T. Moore


    Chapter 13


    #51.00 Trustee's Motion to Dismiss Case EH     

    Docket 39


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Frank T. Moore Represented By

    Patricia M Ashcraft - SUSPENDED BK - Gregory Ashcraft

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:01 AM

    6:19-15620


    Linda Foster


    Chapter 13


    #52.00 Trustee's Motion to Dismiss Case EH     

    Docket 26


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Linda Foster Represented By

    Kevin Tang

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:01 AM

    6:19-16068


    John B Jensen


    Chapter 13


    #53.00 Trustee's Motion to Dismiss Case EH     

    Docket 34

    *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

    1/3/20

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    John B Jensen Represented By Marjorie M Johnson

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:01 AM

    6:19-16977


    Mark E Harvey


    Chapter 13


    #54.00 Trustee's Motion to Dismiss Case EH     

    Docket 36


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Mark E Harvey Represented By Paul Y Lee

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:01 AM

    6:18-20296


    Daniel Lee Crump


    Chapter 13


    #55.00 Trustee's Motion to Dismiss Case EH     

    Docket 64


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Daniel Lee Crump Represented By Nicholas M Wajda

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:20-10047


    Robert Joseph Slapp, III


    Chapter 13


    #1.00 Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate 34119 Galleron St., Temecula, CA 92592


    MOVANT: ROBERT JOSEPH SLAPP, III


    EH     


    Docket 6

    Tentative Ruling:

    TENTATIVE RULING:


    1/14/20


    Service: Proper—shortened notice Opposition: None


    The Court has reviewed the motion, and the service was rendered on shortened notice. Debtor had two Chapter 13 voluntary petitions, case number 16:19-bk-16791-MH ("Prior First Case") and case number 19-bk-12704-MH ("Prior Second Case"), pending within one year. Pursuant to 11 U.S.C. § 362(c)(4)(D)(i), a case is presumed to be filed not in good faith as to all creditors if "2 or more previous cases under this title in which the individual was a debtor were pending within the 1-year period…"


    A debtor can rebuttal this presumption by clear and convincing evidence. 3 Collier on Bankruptcy ¶ 362.06 (Richard Levin & Henry J. Sommer eds., 16th ed.). "[Clear and convincing evidence] is defined as that degree or measure of proof which will produce in the mind of the trier of fact, a firm belief or conviction that the allegations sought to be established as true; it is ‘evidence so clear, direct weight[,] and convincing as to enable the fact finder to come to a clear conviction, without hesitancy, of the truth of the precise facts of the case. In re Castaneda, 342 B.R. 90 (Bankr. S.D. Cal. 2006) (citing Charles I, 332 B.R. 538, 542 (Bankr. S.D. TX. 2005)).

    11:00 AM

    CONT...


    Robert Joseph Slapp, III


    Chapter 13

    Debtor declared that the reason why the Prior Second Case was dismissed because he "believed he was going to begin working in a position which would enable him to stay current on both his…payments." Dkt No. 7, Pg 3. After the Prior Second Case was filed, the position was no longer available to Debtor. Thus, Debtor did not appear to the Prior Second Case’s 341(a) meeting because he was unable to make the required payment at the meeting.


    Debtor stated that the Prior First Case was dismissed because, even though he had a job, he was not earning enough to make his post-petition mortgage payments. Id. at 4. Now, Debtor has a second job, and "anticipates receiving a job offer…for a higher paying position which will enable him to stay current on his position. Id.


    "Mere statements by the movement in the motion does not carry evidentiary weight. The movant must provide detailed, competent, evidence sufficient…to rebut the presumption of bad faith." In re Castaneda, 342 B.R. at 96. In this case, the Debtor did not provide evidence more than mere statements. He neither provided paystubs of his current employment nor provided detailed and competent evidence to believe he would receive a job offer for a higher paying position.


    By his own statements, Debtor’s beliefs have been consistently wrong and have led him to his prior cases being dismissed. Debtor also speculates that he will receive a higher paying job, which is insufficient to establish clear and convincing evidence to rebut the presumption pursuant to 11 U.S.C § 362(c)(4) that the case was filed in good faith regarding Debtor being able to post-petition mortgage HOA payments, and future Chapter 13 plan payments. Thus, the Court is inclined to DENY the motion.


    APPEARANCES REQUIRED.


    Party Information

    Debtor(s):

    Robert Joseph Slapp III Represented By Nicholas M Wajda

    Movant(s):

    Robert Joseph Slapp III Represented By

    11:00 AM

    CONT...


    Trustee(s):


    Robert Joseph Slapp, III


    Nicholas M Wajda Nicholas M Wajda


    Chapter 13

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:19-20465


    Tanisha R Bowden


    Chapter 7


    #2.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2016 MERCEDES-BENZ C300W VIN 55SWF4JB3GU146127


    MOVANT: DAIMLER TRUST


    EH     


    Docket 9

    Tentative Ruling: Tentative Ruling:

    1/14/2020


    Service: Proper Opposition: None


    11 U.S.C. § 365 (d)(1):


    "In a case under Chapter 7 of this title, if the trustee does not assume or reject an executory contract or unexpired lease…of personal property of the debtor within sixty days after the order for relief [, that is the date the petition was filed]…then such contract or lease is deemed rejected."


    In this case, debtor, Tanisha R. Bowden, filed a voluntary, no asset Chapter 7 petition on November 27, 2019. The trustee, Steven M. Speir, has until January 26, 2020, sixty days after the petition was filed, to either reject or assume the lease.


    When a lease is deemed rejected, the leased property is no longer property of the estate and the stay under 11 U.S.C § 362(a) is automatically terminated. Thus, the stay will remain until January 26, 2020. Based on the payment default, The Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1), GRANT relief

    11:00 AM

    CONT...


    Tanisha R Bowden


    Chapter 7

    from Rule 4001(a)(3) stay, GRANT request under ¶ 2, and Deny relief, in the alternative, under ¶11 as moot.


    APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


    Party Information

    Debtor(s):

    Tanisha R Bowden Represented By Paul Y Lee

    Movant(s):

    Daimler Trust Represented By

    Sheryl K Ith

    Trustee(s):

    Steven M Speier (TR) Pro Se

    11:00 AM

    6:19-19953


    Mike R Investments, Inc.


    Chapter 7


    #3.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: All of debtor's business personal property, in Debtor's possession


    MOVANT: WELLS FARGO BANK, N.A.


    EH     


    Docket 18

    Tentative Ruling: Tentative Ruling:

    1/14/2020


    Service: Proper Opposition: None


    By providing the promissory note, the commercial security agreement, the UCC financing statement, current value of the claim, and the value of the property based on the debtor’s Schedule A/B, pursuant to U.S.C. §§ 362(d)(1) and 362(d)(2), the movant, Wells Fargo Bank, N.A. has established that its interest is not adequately protected nor does the Debtors’ have any equity in the property. In re Gauvin, 24 B.R. 578, 580 (B.A.P. 9th Cir. 1982). Total secured claim, $2,110,049.32, is greater than the value of all debtor’s business property, $900,103.00. (Dkt. No. 18, 4).


    The burden now shifts to the opposing party, the Debtor, to show that the collateral is not declining in value, the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise, or that there is a significant likelihood of a successful reorganization in a reasonable time. 3 Collier on Bankruptcy

    ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.). Here, Debtor is not reorganizing, and Debtor failed to oppose this motion. Thus, pursuant to Local Bankruptcy Rule 9013-(h), the Court may deem this to be consent to the granting or denial of the motion, as the case may be.

    11:00 AM

    CONT...


    Mike R Investments, Inc.


    Chapter 7


    Therefore, the Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. §§ 362(d)(1) and 362(d)(2). GRANT relief from Rule 4001(a)(3) stay. GRANT request under ¶ 2.


    APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


    Party Information

    Debtor(s):

    Mike R Investments, Inc. Represented By Craig E Dwyer

    Movant(s):

    Wells Fargo Bank, N.A. Represented By

    Raffi Khatchadourian

    Trustee(s):

    Karl T Anderson (TR) Pro Se

    11:00 AM

    6:19-19801


    RICHARD JAMES SYLVESTER and SHARON LEE


    Chapter 7


    #4.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: N 2007 EXTREME TRAILER; VIN NO. 5DBBB30257R000012


    MOVANT: BANK OF AMERICA, N.A.


    EH     


    Docket 10

    Tentative Ruling: Tentative Ruling:

    1/14/2020


    Service: Proper Opposition: None


    By providing the retail installment contract security agreement, the certificate of title, the UCC financing statement, current value of the claim, and the value of the properties based on NADA Guides Value Report, pursuant to U.S.C. §§ 362(d)(1) and 362(d)(2), the movant, Bank of America, N.A. has established that its interest is not adequately protected nor does the Debtors’ have any equity in the property. In re Gauvin, 24 B.R. 578, 580 (B.A.P. 9th Cir. 1982). Specifically, the total secured claim,

    $2,110,049.32, is greater than the value of all debtor’s business property,

    $900,103.00. (Dkt. No. 18, Ex. 4).


    The burden now shifts to the opposing party, the Debtors, to show that the collateral is not declining in value, the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise, or that there is a significant likelihood of a successful reorganization in a reasonable time. 3 Collier on Bankruptcy

    ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.). Debtors have not opposed this motion, and Debtors intend to surrender the property pursuant to 11

    U.S.C. § 521(a)(2). Dkt. No. 1, Statement of Intention.

    11:00 AM

    CONT...


    RICHARD JAMES SYLVESTER and SHARON LEE


    Chapter 7


    In such a case, the stay is not terminated when the Debtors intend to surrender the property. In re Stephens, 2013 Bankr. Lexis 1202, *28 (Bankr. N.D. NY. 2013). Instead, such action, surrendering the property, means relinquishing the debtor’s rights and taking no action to resist any efforts by the creditor to gain possession. Id. 11

    U.S.C. § 521(a)(2)(B) requires that the Debtor within thirty days after the first date set for the meeting of creditors perform his intention. The meeting of the creditors was first set on November 15, 2019. Thirty days have passed, and the Debtors have not performed their intention.


    Thus, pursuant to § 362(h)(1)(B), the automatic stay is terminated. The Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. §§ 362(d)(1) and 362(d)(2). GRANT relief from Rule 4001(a)(3) stay. GRANT request under ¶ 2.


    APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


    Party Information

    Debtor(s):

    RICHARD JAMES SYLVESTER Represented By

    Paul C Nguyen

    Joint Debtor(s):

    SHARON LEE SYLVESTER Represented By Paul C Nguyen

    Movant(s):

    Bank of America, N.A. Represented By Robert P Zahradka

    Trustee(s):

    Todd A. Frealy (TR) Pro Se

    11:00 AM

    6:19-19747


    Craig Edward Williams and Norma Geneva Williams


    Chapter 13


    #5.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2017 Chevrolet Silverado, VIN: 3GCPCREC8HG246573


    MOVANT: AMERICREDIT FINANCIAL SERVICES, INC.


    EH     


    Docket 19

    Tentative Ruling: Tentative Ruling:

    1/14/2020


    Service: Proper Opposition: None


    By providing the retail installment sale contract, the certificate of title, the UCC financing statement, and the current value of the claim, pursuant to U.S.C. § 362(d) (1), the movant, Americredit Financial Services, Inc., doing business as GM Financial, has established that its interest is not adequately protected. In re Gauvin, 24 B.R. 578, 580 (B.A.P. 9th Cir. 1982).


    The burden now shifts to the opposing party, the Debtors, to show that the collateral is not declining in value, the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise, or that there is a significant likelihood of a successful reorganization in a reasonable time. 3 Collier on Bankruptcy

    ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.). Debtor have not opposed the motion, and Debtors intend to surrender the property pursuant to the confirmation of their plan. 11 U.S.C. § 1325(a)(5)(C). Dkt. No. 15.


    In such a case, the stay is terminated when the plan is confirmed. The plan not being confirmed at the pending of this motion continues the stay as to this property.

    11:00 AM

    CONT...


    Craig Edward Williams and Norma Geneva Williams


    Chapter 13

    Nonetheless, pursuant to Local Bankruptcy Rule 9013-h, Debtor has failed to file a response to this motion; thus, the Court may deem this to be consent to the granting or denial of the motion, as the case may be. The Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1). GRANT relief from Rule 4001(a)(3) stay.

    GRANT request under ¶ 2. Deny, in the alternative, request under ¶ 11 as being moot.


    APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


    Party Information

    Debtor(s):

    Craig Edward Williams Represented By Julie J Villalobos

    Joint Debtor(s):

    Norma Geneva Williams Represented By Julie J Villalobos

    Movant(s):

    AmeriCredit Financial Services, Inc. Represented By

    Sheryl K Ith

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:19-16072


    Sara Rolston


    Chapter 13


    #6.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2018 BMW 2 Series 230i Coupe 2D


    MOVANT: BMW BANK OF NORTH AMERICA


    From: 11/19/19, 12/17/19 EH     

    Docket 22


    Tentative Ruling:

    11/19/2019


    Service is Proper Opposition: Yes

    Movant to apprise the Court of the status of arrears. APPEARANCES REQUIRED.

    Party Information

    Debtor(s):

    Sara Rolston Represented By

    Paul Y Lee

    Movant(s):

    BMW Bank of North America Represented By Cheryl A Skigin

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:19-15353


    Donald Ray Levier, Jr. and Antoinette Marie Levier


    Chapter 13


    #7.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2016 Ford Explorer


    MOVANT: LBS FINANCIAL CREDIT UNION


    EH     


    Docket 30

    Tentative Ruling: Tentative Ruling:

    1/14/2020


    Service: Proper Opposition: Debtors


    Parties to update Court as to status of adequate protection discussions. APPEARANCES REQUIRED.


    Party Information

    Debtor(s):

    Donald Ray Levier Jr. Represented By

    D Justin Harelik

    Joint Debtor(s):

    Antoinette Marie Levier Represented By

    D Justin Harelik

    Movant(s):

    LBS Financial Credit Union Represented By Karel G Rocha

    11:00 AM

    CONT...

    Trustee(s):


    Donald Ray Levier, Jr. and Antoinette Marie Levier


    Chapter 13

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:19-11852


    Ernesto Jesus Mercado


    Chapter 7


    #8.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2014 NISSAN MAXIMA, VIN # 1N4AA5AP5EC458820


    MOVANT: NISSAN MOTOR ACCEPTANCE CORPORATION


    EH     


    Docket 25

    Tentative Ruling: Tentative Ruling:

    1/14/2020


    Service: Proper Opposition: None


    By providing the NADA value for the property, the retail installment sale contract, and the accounting of what is owed by Debtor, pursuant to U.S.C. §§ 362(d)(1) and 362(d)(2), the movant, Nissan Motor Acceptance Corporation, has established that its interest is not adequately protected nor does the Debtor have any equity in the property. In re Gauvin, 24 B.R. 578, 580 (B.A.P. 9th Cir. 1982). Specifically, the total secured claim, $16,960.29, is greater than the value of the property, $7,475.00. (Dkt. No. 25, Ex 3, 4).


    The burden now shifts to the opposing party, the Debtor, to show that the collateral is not declining in value, the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise, or that there is a significant likelihood of a successful reorganization in a reasonable time. 3 Collier on Bankruptcy

    ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.). Debtor failed to oppose this motion. Thus, pursuant to Local Bankruptcy Rule 9013-(h), the Court may deem this to be consent to the granting or denial of the motion, as the case may be.

    11:00 AM

    CONT...


    Ernesto Jesus Mercado


    Chapter 7

    Therefore, the Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. §§ 362(d)(1) and 362(d)(2). GRANT relief from Rule 4001(a)(3) stay. GRANT request under ¶ 2. Deny, in the alternative, request under ¶ 11 as moot.


    APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


    Party Information

    Debtor(s):

    Ernesto Jesus Mercado Represented By

    Ramiro Flores Munoz

    Movant(s):

    NISSAN MOTOR ACCEPTANCE Represented By

    Michael D Vanlochem

    Trustee(s):

    Robert Whitmore (TR) Pro Se

    11:00 AM

    6:18-16117


    Charlena Clark


    Chapter 13


    #9.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 13683 Cabrillo Ct, Fontana, CA

    92336-3451


    MOVANT: CSMC 2018-RPL11 TRUST


    EH     


    Docket 47

    *** VACATED *** REASON: ORDER ENTERED 1/8/20

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Charlena Clark Represented By William Radcliffe

    Movant(s):

    CSMC 2018-RPL11 Trust Represented By Robert P Zahradka

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:18-10112


    Eddie Garcia and Martha Garcia


    Chapter 13


    #10.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 20705 Oakview Place, Perris, CA 92570


    MOVANT: LAKEVIEW LOAN SERVICING LLC


    EH     


    Docket 75

    Tentative Ruling: Tentative Ruling:

    1/14/2020


    Service: Proper Opposition: Debtors


    Debtors filed their Chapter 13 plan, and it was later confirmed on April 18, 2018. Movant, Lakeview Loan Servicing (hereinafter "Lakeview") had a claim secured only by security interest in real property constituting Debtors’ principal residence. Such a creditor’s claim is not subject to modification under Chapter 13 Plan. 11 U.S.C. § 1322(b)(2). However, a creditor of such a claim is stayed from the collection of its claim, from taking possession of the real property encumbered by the lien, and from the enforcement of its lien. 11 U.S.C § 362(a)(1)-(5).


    Debtors, pursuant to their Chapter 13 plan, stated that they will maintain and make the current contractual installments payments on Lakeview’s claim. Dkt. No. 2. Lakeview has filed this motion from relief from stay based on Debtors failure to make post- petition mortgage payments pursuant to Debtors’ Chapter 13 plan.


    By providing the note, the deed of trust, the corporate assignment of deed, and the post-petition history, pursuant to U.S.C. § 362(d)(1), Lakeview has established that its interest is not adequately protected. In re Gauvin, 24 B.R. 578, 580 (B.A.P. 9th Cir.

    1982).

    11:00 AM

    CONT...


    Eddie Garcia and Martha Garcia


    Chapter 13


    The burden now shifts to the opposing party, the Debtors, to show that the collateral is not declining in value, the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise, or that there is a significant likelihood of a successful reorganization in a reasonable time. 3 Collier on Bankruptcy

    ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.). Debtors, in their opposition to granting this motion, state that they will be selling their home. Dkt. No. 77.


    Debtors to update Court as to sale status. APPEARANCES REQUIRED.


    Party Information

    Debtor(s):

    Eddie Garcia Represented By

    Paul Y Lee

    Joint Debtor(s):

    Martha Garcia Represented By Paul Y Lee

    Movant(s):

    Lakeview Loan Servicing LLC Represented By Daniel K Fujimoto Caren J Castle

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:17-13395


    Valecia Renee Knox


    Chapter 13


    #11.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 5543 N. Mountain Dr., San Bernardino, CA 92407-5348


    MOVANT: WILMINGTON TRUST, NATIONAL ASSOCIATION


    From: 12/17/19 EH     

    Docket 34

    Tentative Ruling: Tentative Ruling:

    12/17/19


    Service: Proper Opposition: Debtor


    The parties to apprise the court on status of default and adequate protection discussions, if any.


    APPEARANCES REQUIRED.


    Party Information

    Debtor(s):

    Valecia Renee Knox Represented By

    L. Tegan Rodkey

    Movant(s):

    Wilmington Trust, National Represented By Dipika Parmar

    11:00 AM

    CONT...


    Trustee(s):


    Valecia Renee Knox


    Darlene C Vigil


    Chapter 13

    Rod Danielson (TR) Pro Se

    2:00 PM

    6:19-17537


    Jauregui Trucking, Inc.


    Chapter 11


    #12.00 Notice of Motion and Motion for Relief From The Automatic Stay MOVANT: CROSSROADS EQUIPMENT LEASE & FINANCE, LLC

    EH     


    Docket 78

    *** VACATED *** REASON: ORDER ENTERED 12/27/19

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Jauregui Trucking, Inc. Represented By Andrew S Bisom

    Movant(s):

    Crossroads Equipment Lease & Represented By Glenn R Bronson

    2:00 PM

    6:18-10628


    Markus Anthony Boyd


    Chapter 11


    #13.00 Confirmation of Chapter 11 Plan


    Also #14 EH     

    Docket 179


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Markus Anthony Boyd Represented By Nicholas W Gebelt

    2:00 PM

    6:18-10628


    Markus Anthony Boyd


    Chapter 11


    #14.00 CONT Order (1) Setting Scheduling Hearing And Case Management Conference And (2) Requiring Status Report


    From: 3/20/18, 8/21/18, 10/23/18, 11/27/18, 2/5/19, 5/7/19, 7/30/19, 10/8/19, 10/29/19


    Also #13 EH     

    Docket 16


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Markus Anthony Boyd Represented By Nicholas W Gebelt

    11:00 AM

    6:19-10662


    Serapio Padilla and Lisette Padilla


    Chapter 7


    #1.00 Notice of Trustee's Final Report and Applications for Compensation EH     

    Docket 27


    Tentative Ruling:

    1/15/2020

    No opposition has been filed. Service was Proper.


    The applications for compensation of the Trustee has been set for hearing on the notice required by LBR 2016-1. Pursuant to the Trustee's Final Report, the Court is inclined to APPROVE the following administrative expenses:


    Trustee Fees: $ 1,356.30 Trustee Expenses: $ 4.30


    APPEARANCES WAIVED. If written or oral opposition is presented at the hearing, the hearing may be continued. Trustee to lodge order within 7 days.

    Party Information

    Debtor(s):

    Serapio Padilla Represented By Todd L Turoci

    Joint Debtor(s):

    Lisette Padilla Represented By Todd L Turoci

    Trustee(s):

    Charles W Daff (TR) Pro Se

    11:00 AM

    6:17-18302


    Richard Evans and Deborah Evans


    Chapter 7


    #2.00 CONT Motion for Disallowance of Debtors' Claimed Homestead Exemption From: 12/18/19

    EH     


    Docket 65

    *** VACATED *** REASON: CONTINUED TO 2/12/20 AT 11:00 A.M.

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Richard Evans Represented By Lane K Bogard

    Joint Debtor(s):

    Deborah Evans Represented By Lane K Bogard

    Movant(s):

    Lynda T. Bui (TR) Represented By Erin P Moriarty

    Trustee(s):

    Lynda T. Bui (TR) Represented By Erin P Moriarty

    11:00 AM

    6:13-14986


    David Wayne Wakefield and Elise Wakefield


    Chapter 7


    #3.00 Motion RE: Objection to Claim Number 3 by Claimant James E. Hundley Also #4 - #6

    EH     


    Docket 258

    Tentative Ruling:

    1/15/20

    BACKGROUND:


    On March 20, 2013, David & Elise Wakefield ("Debtors") filed a Chapter 7 voluntary petition. The deadline for filing proofs of claims was set as February 18, 2014.


    On June 3, 2013, James Hundley filed a proof of claim for an unsecured claim in the amount of $101,947.17 ("Claim 3"). Claim 3 states that it is based on a commercial lease, but no supporting documentation is attached. On December 6, 2013, Mark Felipe & Bryan Schimmel filed a proof of claim for an unsecured claim in the amount of $665,000 ("Claim 10"). Claim 10 states that it is based on breach of contract and fraud. Attached to Claim 10 is a complaint filed in state court on July 6, 2012. On December 11, 2013, the Riverside County Tax Collector filed a proof of claim for an unsecured claim in the amount of $33,407.42 ("Claim 11"). Claim 11 states that it is based on "secured property taxes." On January 3, 2014, Fidelity National Title Insurance Company filed a proof of claim for an unsecured claim in the amount of

    $330,662 ("Claim 13"). Claim 13 states that it is based on a judgment entered on September 20, 2011. Attached to Claim 13 is a judgment and assignment of judgment entered against Pasadena Business Center, LLC. The Court takes judicial notice, pursuant to FED. R. EVID. Rule 201(b), of the California Secretary of State registration

    11:00 AM

    CONT...


    David Wayne Wakefield and Elise Wakefield


    Chapter 7

    for Pasadena Business Center, LLC and notes that the entity is now suspended, but appears to have been solely owned and operated by David Wakefield.


    On December 13, 2019, Trustee filed objections to Claim 3, Claim 10, Claim 11, and Claim 13. Trustee objections to those claims on the basis that: (a) Claim 3 does not contain any supporting documentation; (b) Claim 10 only includes a copy of a state court complaint which Trustee asserts was dismissed shortly after Claim 10 was filed;

    (c) Debtors are not personally liable for Claim 11; and (d) there is no evidence that Debtors are personally liable for Claim 13. The Court notes that Claim 11 was withdrawn on December 26, 2019.


    APPLICABLE LAW:


    Pursuant to 11 U.S.C. § 502(a), a proof of claim is deemed allowed unless a party in interest objects. Absent an objection, a proof of claim constitutes prima facie evidence of the validity and amount of the claim under Federal Rule of Bankruptcy Procedure ("FRBP") 3001(f). See Lundell v. Anchor Constr. Specialists, Inc., 223 F.3d 1035, 1039 (9th Cir. 2000). When a party files an objection to a proof of claim, that filing "creates a dispute which is a contested matter" within the meaning of FRBP 9014 and the Court must resolve the matter after notice and opportunity for hearing upon a motion for relief. Id.


    When a creditor has filed a proof of claim that complies with the rules (thereby giving rise to the presumption of validity), the burden shifts to the objecting party who must "present evidence to overcome the prima facie case." In re Medina, 205 B.R. 216, 222 (9th Cir. B.A.P. 1996). To defeat the claim, the objecting party must provide sufficient evidence and "show facts tending to defeat the claim by probative force equal to that of the allegations of the proofs of claim themselves." Lundell, 223 F.3d at 1039 (quoting In re Holm, 931 F.2d 620, 623 (9th Cir. 1991)). "The objector must

    11:00 AM

    CONT...


    David Wayne Wakefield and Elise Wakefield


    Chapter 7

    produce evidence, which, if believed, would refute at least one of the allegations that is essential to the claim’s legal sufficiency." Lundell, 223 F.3d at 1040 (quoting In re Allegheny Int’l, Inc., 954 F.2d 167, 173-74 (3d Cir. 1992)). If the objecting party produces sufficient evidence to negate one or more of the sworn facts in the proof of claim, the burden reverts back to the claimant to prove the validity of the claim by a preponderance of the evidence. See In re Consol. Pioneer Mort, 178 B.R. 222, 226 (9th Cir. BAP 1995), aff’d, 91 F.3d 151 (9th Cir. 1996) (quoting Allegheny Int’l, 954 F.2d at 173-74). The ultimate burden of persuasion remains at all times on the claimant. See Lundell, 223 F.3d at 1039; see also Holm, 931 F.2d at 623.


    ANALYSIS:


    FED. R. BANKR. P. Rule 3001(c)(1) states: "Except for a claim governed by paragraph

  2. of this subdivision, when a claim, or an interest in property of the debtor securing the claim, is based on a writing, a copy of the writing shall be filed with the proof of claim." FED. R. BANKR. P. Rule 3001(f) states: "A proof of claim executed and filed in accordance with these rules shall constitute prima facie evidence of the validity and amount of the claim." By implications, claim which are not filed in accordance with Rule 3001 are not entitled to prima facie validity. See, e.g., In re Heath, 331 B.R. 424 (B.A.P. 9th Cir. 2005).


Regarding Claim 3, the filed proof of claim states that it is based on a commercial lease but no supporting writing or documentation is attached. Trustee has attached to the objection to Claim 3 a ledger receiving from Krista Hundley which itemizes the amount owing, as well as an e-mail correspondence showing that Trustee requested a copy of the lease in October. Because Claim 3 did not attach the commercial lease, it was not filed in accordance with Rule 3001(c)(1) and is, therefore, not entitled to prima facie validity. Furthermore, it appears that Claim 3 misidentifies the creditor as James Hundley when the appropriate creditor may be Management Properties, Inc; the ledger submitted by Trustee does not establish any claim owing to James Hundley.

Given these issues, and noting that James Hundey and/or Management Properties, Inc.

11:00 AM

CONT...


David Wayne Wakefield and Elise Wakefield


Chapter 7

have failed to respond to Trustee in a timely fashion and have failed to oppose the instant claim objection, which the Court deems consent pursuant to Local Rule 9013-1(h), the Court is inclined to sustain the objection to Claim 3.


Regarding Claim 10, the filed proof of claim states that it is based on fraud and breach of contract, and the attached state court complaint references certain written agreements underpinning the complaint. Because Claim 10 did not attach the underlying written agreements, it was not filed in accordance with Rule 3001(c)(1) and is, therefore, not entitled to prima facie validity. Trustee has provided a copy of the state court docket for the action which shows that the complaint was dismissed as to David Wakefield in December 2013. Additionally, Trustee has provided a copy of e-mail correspondence with the attorney who filed Claim 10 in which it is stated that the filer does not have authorization to oppose the claim objection. Noting that the state court complaint was dismissed as to David Wakefield, the Court concludes that the preponderance of the evidence does not support Claim 10. Additionally, the Court construes the failure to oppose of Mark Felipe & Bryan Schimmel to be consent to the relief requested pursuant to Local Rule 9013-1(h).


Regarding Claim 11, the Court notes that the Riverside County Tax Collector withdrew Claim 11 on December 26, 2019. While FED. R. BANKR. P. Rule 3006 prohibits a creditor from withdrawing a filed proof of claim after the filing of a claim objection, the Court will construe the withdrawal of Claim 11, and failure to oppose the claim objection, and consent to the relief requested pursuant to Local Rule

9013-1(h).


Regarding Claim 13, the Court notes that Fidelity National Title Insurance Company has provided evidence that they hold a judgment against a limited liability company which was formally owned and operated by David Wakefield. Nevertheless, the general rule that a manager is not liability for the debts of an LLC would suggest that Debtors are not liable for Claim 13. In the absence of any additional supporting information or opposition from Fidelity National Title Insurance Company, the Court

11:00 AM

CONT...


David Wayne Wakefield and Elise Wakefield


Chapter 7

is inclined to conclude that Trustee’s argument that Claim 13 does not allege any personal liability of Debtors is sufficient to rebut the prima facie validity of Claim 13.


TENTATIVE RULING


The Court is inclined to SUSTAIN the objections, DISALLOWING Claim 3, Claim 10, Claim 11, and Claim 13.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


Party Information

Debtor(s):

David Wayne Wakefield Represented By Jordan Nils Bursch

Robert E Huttenhoff

Joint Debtor(s):

Elise Wakefield Represented By Jordan Nils Bursch

Robert E Huttenhoff

Movant(s):

Howard B Grobstein (TR) Represented By Alan W Forsley

Trustee(s):

Howard B Grobstein (TR) Represented By Alan W Forsley

11:00 AM

6:13-14986


David Wayne Wakefield and Elise Wakefield


Chapter 7


#4.00 Motion RE: Objection to Claim Number 10 by Claimant Mark Felipe and Bryan Schimmel


Also #3 - #6 EH     

Docket 261

Tentative Ruling:

1/15/20

BACKGROUND:


On March 20, 2013, David & Elise Wakefield ("Debtors") filed a Chapter 7 voluntary petition. The deadline for filing proofs of claims was set as February 18, 2014.


On June 3, 2013, James Hundley filed a proof of claim for an unsecured claim in the amount of $101,947.17 ("Claim 3"). Claim 3 states that it is based on a commercial lease, but no supporting documentation is attached. On December 6, 2013, Mark Felipe & Bryan Schimmel filed a proof of claim for an unsecured claim in the amount of $665,000 ("Claim 10"). Claim 10 states that it is based on breach of contract and fraud. Attached to Claim 10 is a complaint filed in state court on July 6, 2012. On December 11, 2013, the Riverside County Tax Collector filed a proof of claim for an unsecured claim in the amount of $33,407.42 ("Claim 11"). Claim 11 states that it is based on "secured property taxes." On January 3, 2014, Fidelity National Title Insurance Company filed a proof of claim for an unsecured claim in the amount of

$330,662 ("Claim 13"). Claim 13 states that it is based on a judgment entered on September 20, 2011. Attached to Claim 13 is a judgment and assignment of judgment entered against Pasadena Business Center, LLC. The Court takes judicial notice,

11:00 AM

CONT...


David Wayne Wakefield and Elise Wakefield


Chapter 7

pursuant to FED. R. EVID. Rule 201(b), of the California Secretary of State registration for Pasadena Business Center, LLC and notes that the entity is now suspended, but appears to have been solely owned and operated by David Wakefield.


On December 13, 2019, Trustee filed objections to Claim 3, Claim 10, Claim 11, and Claim 13. Trustee objections to those claims on the basis that: (a) Claim 3 does not contain any supporting documentation; (b) Claim 10 only includes a copy of a state court complaint which Trustee asserts was dismissed shortly after Claim 10 was filed;

(c) Debtors are not personally liable for Claim 11; and (d) there is no evidence that Debtors are personally liable for Claim 13. The Court notes that Claim 11 was withdrawn on December 26, 2019.


APPLICABLE LAW:


Pursuant to 11 U.S.C. § 502(a), a proof of claim is deemed allowed unless a party in interest objects. Absent an objection, a proof of claim constitutes prima facie evidence of the validity and amount of the claim under Federal Rule of Bankruptcy Procedure ("FRBP") 3001(f). See Lundell v. Anchor Constr. Specialists, Inc., 223 F.3d 1035, 1039 (9th Cir. 2000). When a party files an objection to a proof of claim, that filing "creates a dispute which is a contested matter" within the meaning of FRBP 9014 and the Court must resolve the matter after notice and opportunity for hearing upon a motion for relief. Id.


When a creditor has filed a proof of claim that complies with the rules (thereby giving rise to the presumption of validity), the burden shifts to the objecting party who must "present evidence to overcome the prima facie case." In re Medina, 205 B.R. 216, 222 (9th Cir. B.A.P. 1996). To defeat the claim, the objecting party must provide sufficient evidence and "show facts tending to defeat the claim by probative force equal to that of the allegations of the proofs of claim themselves." Lundell, 223 F.3d

11:00 AM

CONT...


David Wayne Wakefield and Elise Wakefield


Chapter 7

at 1039 (quoting In re Holm, 931 F.2d 620, 623 (9th Cir. 1991)). "The objector must produce evidence, which, if believed, would refute at least one of the allegations that is essential to the claim’s legal sufficiency." Lundell, 223 F.3d at 1040 (quoting In re Allegheny Int’l, Inc., 954 F.2d 167, 173-74 (3d Cir. 1992)). If the objecting party produces sufficient evidence to negate one or more of the sworn facts in the proof of claim, the burden reverts back to the claimant to prove the validity of the claim by a preponderance of the evidence. See In re Consol. Pioneer Mort, 178 B.R. 222, 226 (9th Cir. BAP 1995), aff’d, 91 F.3d 151 (9th Cir. 1996) (quoting Allegheny Int’l, 954 F.2d at 173-74). The ultimate burden of persuasion remains at all times on the claimant. See Lundell, 223 F.3d at 1039; see also Holm, 931 F.2d at 623.


ANALYSIS:


FED. R. BANKR. P. Rule 3001(c)(1) states: "Except for a claim governed by paragraph

(3) of this subdivision, when a claim, or an interest in property of the debtor securing the claim, is based on a writing, a copy of the writing shall be filed with the proof of claim." FED. R. BANKR. P. Rule 3001(f) states: "A proof of claim executed and filed in accordance with these rules shall constitute prima facie evidence of the validity and amount of the claim." By implications, claim which are not filed in accordance with Rule 3001 are not entitled to prima facie validity. See, e.g., In re Heath, 331 B.R. 424 (B.A.P. 9th Cir. 2005).


Regarding Claim 3, the filed proof of claim states that it is based on a commercial lease but no supporting writing or documentation is attached. Trustee has attached to the objection to Claim 3 a ledger receiving from Krista Hundley which itemizes the amount owing, as well as an e-mail correspondence showing that Trustee requested a copy of the lease in October. Because Claim 3 did not attach the commercial lease, it was not filed in accordance with Rule 3001(c)(1) and is, therefore, not entitled to prima facie validity. Furthermore, it appears that Claim 3 misidentifies the creditor as James Hundley when the appropriate creditor may be Management Properties, Inc; the ledger submitted by Trustee does not establish any claim owing to James Hundley.

11:00 AM

CONT...


David Wayne Wakefield and Elise Wakefield


Chapter 7

Given these issues, and noting that James Hundey and/or Management Properties, Inc. have failed to respond to Trustee in a timely fashion and have failed to oppose the instant claim objection, which the Court deems consent pursuant to Local Rule

9013-1(h), the Court is inclined to sustain the objection to Claim 3.


Regarding Claim 10, the filed proof of claim states that it is based on fraud and breach of contract, and the attached state court complaint references certain written agreements underpinning the complaint. Because Claim 10 did not attach the underlying written agreements, it was not filed in accordance with Rule 3001(c)(1) and is, therefore, not entitled to prima facie validity. Trustee has provided a copy of the state court docket for the action which shows that the complaint was dismissed as to David Wakefield in December 2013. Additionally, Trustee has provided a copy of e-mail correspondence with the attorney who filed Claim 10 in which it is stated that the filer does not have authorization to oppose the claim objection. Noting that the state court complaint was dismissed as to David Wakefield, the Court concludes that the preponderance of the evidence does not support Claim 10. Additionally, the Court construes the failure to oppose of Mark Felipe & Bryan Schimmel to be consent to the relief requested pursuant to Local Rule 9013-1(h).


Regarding Claim 11, the Court notes that the Riverside County Tax Collector withdrew Claim 11 on December 26, 2019. While FED. R. BANKR. P. Rule 3006 prohibits a creditor from withdrawing a filed proof of claim after the filing of a claim objection, the Court will construe the withdrawal of Claim 11, and failure to oppose the claim objection, and consent to the relief requested pursuant to Local Rule

9013-1(h).


Regarding Claim 13, the Court notes that Fidelity National Title Insurance Company has provided evidence that they hold a judgment against a limited liability company which was formally owned and operated by David Wakefield. Nevertheless, the general rule that a manager is not liability for the debts of an LLC would suggest that Debtors are not liable for Claim 13. In the absence of any additional supporting

11:00 AM

CONT...


David Wayne Wakefield and Elise Wakefield


Chapter 7

information or opposition from Fidelity National Title Insurance Company, the Court is inclined to conclude that Trustee’s argument that Claim 13 does not allege any personal liability of Debtors is sufficient to rebut the prima facie validity of Claim 13.


TENTATIVE RULING


The Court is inclined to SUSTAIN the objections, DISALLOWING Claim 3, Claim 10, Claim 11, and Claim 13.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


Party Information

Debtor(s):

David Wayne Wakefield Represented By Jordan Nils Bursch

Robert E Huttenhoff

Joint Debtor(s):

Elise Wakefield Represented By Jordan Nils Bursch

Robert E Huttenhoff

Movant(s):

Howard B Grobstein (TR) Represented By Alan W Forsley

Trustee(s):

Howard B Grobstein (TR) Represented By Alan W Forsley

11:00 AM

6:13-14986


David Wayne Wakefield and Elise Wakefield


Chapter 7


#5.00 Motion RE: Objection to Claim Number 11 by Claimant Riverside County Tax Collector


Also #3 - #6 EH     

Docket 264

Tentative Ruling:

1/15/20

BACKGROUND:


On March 20, 2013, David & Elise Wakefield ("Debtors") filed a Chapter 7 voluntary petition. The deadline for filing proofs of claims was set as February 18, 2014.


On June 3, 2013, James Hundley filed a proof of claim for an unsecured claim in the amount of $101,947.17 ("Claim 3"). Claim 3 states that it is based on a commercial lease, but no supporting documentation is attached. On December 6, 2013, Mark Felipe & Bryan Schimmel filed a proof of claim for an unsecured claim in the amount of $665,000 ("Claim 10"). Claim 10 states that it is based on breach of contract and fraud. Attached to Claim 10 is a complaint filed in state court on July 6, 2012. On December 11, 2013, the Riverside County Tax Collector filed a proof of claim for an unsecured claim in the amount of $33,407.42 ("Claim 11"). Claim 11 states that it is based on "secured property taxes." On January 3, 2014, Fidelity National Title Insurance Company filed a proof of claim for an unsecured claim in the amount of

$330,662 ("Claim 13"). Claim 13 states that it is based on a judgment entered on September 20, 2011. Attached to Claim 13 is a judgment and assignment of judgment entered against Pasadena Business Center, LLC. The Court takes judicial notice,

11:00 AM

CONT...


David Wayne Wakefield and Elise Wakefield


Chapter 7

pursuant to FED. R. EVID. Rule 201(b), of the California Secretary of State registration for Pasadena Business Center, LLC and notes that the entity is now suspended, but appears to have been solely owned and operated by David Wakefield.


On December 13, 2019, Trustee filed objections to Claim 3, Claim 10, Claim 11, and Claim 13. Trustee objections to those claims on the basis that: (a) Claim 3 does not contain any supporting documentation; (b) Claim 10 only includes a copy of a state court complaint which Trustee asserts was dismissed shortly after Claim 10 was filed;

(c) Debtors are not personally liable for Claim 11; and (d) there is no evidence that Debtors are personally liable for Claim 13. The Court notes that Claim 11 was withdrawn on December 26, 2019.


APPLICABLE LAW:


Pursuant to 11 U.S.C. § 502(a), a proof of claim is deemed allowed unless a party in interest objects. Absent an objection, a proof of claim constitutes prima facie evidence of the validity and amount of the claim under Federal Rule of Bankruptcy Procedure ("FRBP") 3001(f). See Lundell v. Anchor Constr. Specialists, Inc., 223 F.3d 1035, 1039 (9th Cir. 2000). When a party files an objection to a proof of claim, that filing "creates a dispute which is a contested matter" within the meaning of FRBP 9014 and the Court must resolve the matter after notice and opportunity for hearing upon a motion for relief. Id.


When a creditor has filed a proof of claim that complies with the rules (thereby giving rise to the presumption of validity), the burden shifts to the objecting party who must "present evidence to overcome the prima facie case." In re Medina, 205 B.R. 216, 222 (9th Cir. B.A.P. 1996). To defeat the claim, the objecting party must provide sufficient evidence and "show facts tending to defeat the claim by probative force equal to that of the allegations of the proofs of claim themselves." Lundell, 223 F.3d

11:00 AM

CONT...


David Wayne Wakefield and Elise Wakefield


Chapter 7

at 1039 (quoting In re Holm, 931 F.2d 620, 623 (9th Cir. 1991)). "The objector must produce evidence, which, if believed, would refute at least one of the allegations that is essential to the claim’s legal sufficiency." Lundell, 223 F.3d at 1040 (quoting In re Allegheny Int’l, Inc., 954 F.2d 167, 173-74 (3d Cir. 1992)). If the objecting party produces sufficient evidence to negate one or more of the sworn facts in the proof of claim, the burden reverts back to the claimant to prove the validity of the claim by a preponderance of the evidence. See In re Consol. Pioneer Mort, 178 B.R. 222, 226 (9th Cir. BAP 1995), aff’d, 91 F.3d 151 (9th Cir. 1996) (quoting Allegheny Int’l, 954 F.2d at 173-74). The ultimate burden of persuasion remains at all times on the claimant. See Lundell, 223 F.3d at 1039; see also Holm, 931 F.2d at 623.


ANALYSIS:


FED. R. BANKR. P. Rule 3001(c)(1) states: "Except for a claim governed by paragraph

(3) of this subdivision, when a claim, or an interest in property of the debtor securing the claim, is based on a writing, a copy of the writing shall be filed with the proof of claim." FED. R. BANKR. P. Rule 3001(f) states: "A proof of claim executed and filed in accordance with these rules shall constitute prima facie evidence of the validity and amount of the claim." By implications, claim which are not filed in accordance with Rule 3001 are not entitled to prima facie validity. See, e.g., In re Heath, 331 B.R. 424 (B.A.P. 9th Cir. 2005).


Regarding Claim 3, the filed proof of claim states that it is based on a commercial lease but no supporting writing or documentation is attached. Trustee has attached to the objection to Claim 3 a ledger receiving from Krista Hundley which itemizes the amount owing, as well as an e-mail correspondence showing that Trustee requested a copy of the lease in October. Because Claim 3 did not attach the commercial lease, it was not filed in accordance with Rule 3001(c)(1) and is, therefore, not entitled to prima facie validity. Furthermore, it appears that Claim 3 misidentifies the creditor as James Hundley when the appropriate creditor may be Management Properties, Inc; the ledger submitted by Trustee does not establish any claim owing to James Hundley.

11:00 AM

CONT...


David Wayne Wakefield and Elise Wakefield


Chapter 7

Given these issues, and noting that James Hundey and/or Management Properties, Inc. have failed to respond to Trustee in a timely fashion and have failed to oppose the instant claim objection, which the Court deems consent pursuant to Local Rule

9013-1(h), the Court is inclined to sustain the objection to Claim 3.


Regarding Claim 10, the filed proof of claim states that it is based on fraud and breach of contract, and the attached state court complaint references certain written agreements underpinning the complaint. Because Claim 10 did not attach the underlying written agreements, it was not filed in accordance with Rule 3001(c)(1) and is, therefore, not entitled to prima facie validity. Trustee has provided a copy of the state court docket for the action which shows that the complaint was dismissed as to David Wakefield in December 2013. Additionally, Trustee has provided a copy of e-mail correspondence with the attorney who filed Claim 10 in which it is stated that the filer does not have authorization to oppose the claim objection. Noting that the state court complaint was dismissed as to David Wakefield, the Court concludes that the preponderance of the evidence does not support Claim 10. Additionally, the Court construes the failure to oppose of Mark Felipe & Bryan Schimmel to be consent to the relief requested pursuant to Local Rule 9013-1(h).


Regarding Claim 11, the Court notes that the Riverside County Tax Collector withdrew Claim 11 on December 26, 2019. While FED. R. BANKR. P. Rule 3006 prohibits a creditor from withdrawing a filed proof of claim after the filing of a claim objection, the Court will construe the withdrawal of Claim 11, and failure to oppose the claim objection, and consent to the relief requested pursuant to Local Rule

9013-1(h).


Regarding Claim 13, the Court notes that Fidelity National Title Insurance Company has provided evidence that they hold a judgment against a limited liability company which was formally owned and operated by David Wakefield. Nevertheless, the general rule that a manager is not liability for the debts of an LLC would suggest that Debtors are not liable for Claim 13. In the absence of any additional supporting

11:00 AM

CONT...


David Wayne Wakefield and Elise Wakefield


Chapter 7

information or opposition from Fidelity National Title Insurance Company, the Court is inclined to conclude that Trustee’s argument that Claim 13 does not allege any personal liability of Debtors is sufficient to rebut the prima facie validity of Claim 13.


TENTATIVE RULING


The Court is inclined to SUSTAIN the objections, DISALLOWING Claim 3, Claim 10, Claim 11, and Claim 13.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


Party Information

Debtor(s):

David Wayne Wakefield Represented By Jordan Nils Bursch

Robert E Huttenhoff

Joint Debtor(s):

Elise Wakefield Represented By Jordan Nils Bursch

Robert E Huttenhoff

Movant(s):

Howard B Grobstein (TR) Represented By Alan W Forsley

Trustee(s):

Howard B Grobstein (TR) Represented By Alan W Forsley

11:00 AM

6:13-14986


David Wayne Wakefield and Elise Wakefield


Chapter 7


#6.00 Motion RE: Objection to Claim Number 13 by Claimant Fidelity National Law Group.


Also #3 - #5 EH     

Docket 267

Tentative Ruling:

1/15/20

BACKGROUND:


On March 20, 2013, David & Elise Wakefield ("Debtors") filed a Chapter 7 voluntary petition. The deadline for filing proofs of claims was set as February 18, 2014.


On June 3, 2013, James Hundley filed a proof of claim for an unsecured claim in the amount of $101,947.17 ("Claim 3"). Claim 3 states that it is based on a commercial lease, but no supporting documentation is attached. On December 6, 2013, Mark Felipe & Bryan Schimmel filed a proof of claim for an unsecured claim in the amount of $665,000 ("Claim 10"). Claim 10 states that it is based on breach of contract and fraud. Attached to Claim 10 is a complaint filed in state court on July 6, 2012. On December 11, 2013, the Riverside County Tax Collector filed a proof of claim for an unsecured claim in the amount of $33,407.42 ("Claim 11"). Claim 11 states that it is based on "secured property taxes." On January 3, 2014, Fidelity National Title Insurance Company filed a proof of claim for an unsecured claim in the amount of

$330,662 ("Claim 13"). Claim 13 states that it is based on a judgment entered on September 20, 2011. Attached to Claim 13 is a judgment and assignment of judgment entered against Pasadena Business Center, LLC. The Court takes judicial notice,

11:00 AM

CONT...


David Wayne Wakefield and Elise Wakefield


Chapter 7

pursuant to FED. R. EVID. Rule 201(b), of the California Secretary of State registration for Pasadena Business Center, LLC and notes that the entity is now suspended, but appears to have been solely owned and operated by David Wakefield.


On December 13, 2019, Trustee filed objections to Claim 3, Claim 10, Claim 11, and Claim 13. Trustee objections to those claims on the basis that: (a) Claim 3 does not contain any supporting documentation; (b) Claim 10 only includes a copy of a state court complaint which Trustee asserts was dismissed shortly after Claim 10 was filed;

  1. Debtors are not personally liable for Claim 11; and (d) there is no evidence that Debtors are personally liable for Claim 13. The Court notes that Claim 11 was withdrawn on December 26, 2019.


    APPLICABLE LAW:


    Pursuant to 11 U.S.C. § 502(a), a proof of claim is deemed allowed unless a party in interest objects. Absent an objection, a proof of claim constitutes prima facie evidence of the validity and amount of the claim under Federal Rule of Bankruptcy Procedure ("FRBP") 3001(f). See Lundell v. Anchor Constr. Specialists, Inc., 223 F.3d 1035, 1039 (9th Cir. 2000). When a party files an objection to a proof of claim, that filing "creates a dispute which is a contested matter" within the meaning of FRBP 9014 and the Court must resolve the matter after notice and opportunity for hearing upon a motion for relief. Id.


    When a creditor has filed a proof of claim that complies with the rules (thereby giving rise to the presumption of validity), the burden shifts to the objecting party who must "present evidence to overcome the prima facie case." In re Medina, 205 B.R. 216, 222 (9th Cir. B.A.P. 1996). To defeat the claim, the objecting party must provide sufficient evidence and "show facts tending to defeat the claim by probative force equal to that of the allegations of the proofs of claim themselves." Lundell, 223 F.3d

    11:00 AM

    CONT...


    David Wayne Wakefield and Elise Wakefield


    Chapter 7

    at 1039 (quoting In re Holm, 931 F.2d 620, 623 (9th Cir. 1991)). "The objector must produce evidence, which, if believed, would refute at least one of the allegations that is essential to the claim’s legal sufficiency." Lundell, 223 F.3d at 1040 (quoting In re Allegheny Int’l, Inc., 954 F.2d 167, 173-74 (3d Cir. 1992)). If the objecting party produces sufficient evidence to negate one or more of the sworn facts in the proof of claim, the burden reverts back to the claimant to prove the validity of the claim by a preponderance of the evidence. See In re Consol. Pioneer Mort, 178 B.R. 222, 226 (9th Cir. BAP 1995), aff’d, 91 F.3d 151 (9th Cir. 1996) (quoting Allegheny Int’l, 954 F.2d at 173-74). The ultimate burden of persuasion remains at all times on the claimant. See Lundell, 223 F.3d at 1039; see also Holm, 931 F.2d at 623.


    ANALYSIS:


    FED. R. BANKR. P. Rule 3001(c)(1) states: "Except for a claim governed by paragraph

    (3) of this subdivision, when a claim, or an interest in property of the debtor securing the claim, is based on a writing, a copy of the writing shall be filed with the proof of claim." FED. R. BANKR. P. Rule 3001(f) states: "A proof of claim executed and filed in accordance with these rules shall constitute prima facie evidence of the validity and amount of the claim." By implications, claim which are not filed in accordance with Rule 3001 are not entitled to prima facie validity. See, e.g., In re Heath, 331 B.R. 424 (B.A.P. 9th Cir. 2005).


    Regarding Claim 3, the filed proof of claim states that it is based on a commercial lease but no supporting writing or documentation is attached. Trustee has attached to the objection to Claim 3 a ledger receiving from Krista Hundley which itemizes the amount owing, as well as an e-mail correspondence showing that Trustee requested a copy of the lease in October. Because Claim 3 did not attach the commercial lease, it was not filed in accordance with Rule 3001(c)(1) and is, therefore, not entitled to prima facie validity. Furthermore, it appears that Claim 3 misidentifies the creditor as James Hundley when the appropriate creditor may be Management Properties, Inc; the ledger submitted by Trustee does not establish any claim owing to James Hundley.

    11:00 AM

    CONT...


    David Wayne Wakefield and Elise Wakefield


    Chapter 7

    Given these issues, and noting that James Hundey and/or Management Properties, Inc. have failed to respond to Trustee in a timely fashion and have failed to oppose the instant claim objection, which the Court deems consent pursuant to Local Rule

    9013-1(h), the Court is inclined to sustain the objection to Claim 3.


    Regarding Claim 10, the filed proof of claim states that it is based on fraud and breach of contract, and the attached state court complaint references certain written agreements underpinning the complaint. Because Claim 10 did not attach the underlying written agreements, it was not filed in accordance with Rule 3001(c)(1) and is, therefore, not entitled to prima facie validity. Trustee has provided a copy of the state court docket for the action which shows that the complaint was dismissed as to David Wakefield in December 2013. Additionally, Trustee has provided a copy of e-mail correspondence with the attorney who filed Claim 10 in which it is stated that the filer does not have authorization to oppose the claim objection. Noting that the state court complaint was dismissed as to David Wakefield, the Court concludes that the preponderance of the evidence does not support Claim 10. Additionally, the Court construes the failure to oppose of Mark Felipe & Bryan Schimmel to be consent to the relief requested pursuant to Local Rule 9013-1(h).


    Regarding Claim 11, the Court notes that the Riverside County Tax Collector withdrew Claim 11 on December 26, 2019. While FED. R. BANKR. P. Rule 3006 prohibits a creditor from withdrawing a filed proof of claim after the filing of a claim objection, the Court will construe the withdrawal of Claim 11, and failure to oppose the claim objection, and consent to the relief requested pursuant to Local Rule

    9013-1(h).


    Regarding Claim 13, the Court notes that Fidelity National Title Insurance Company has provided evidence that they hold a judgment against a limited liability company which was formally owned and operated by David Wakefield. Nevertheless, the general rule that a manager is not liability for the debts of an LLC would suggest that Debtors are not liable for Claim 13. In the absence of any additional supporting

    11:00 AM

    CONT...


    David Wayne Wakefield and Elise Wakefield


    Chapter 7

    information or opposition from Fidelity National Title Insurance Company, the Court is inclined to conclude that Trustee’s argument that Claim 13 does not allege any personal liability of Debtors is sufficient to rebut the prima facie validity of Claim 13.


    TENTATIVE RULING


    The Court is inclined to SUSTAIN the objections, DISALLOWING Claim 3, Claim 10, Claim 11, and Claim 13.


    APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


    Party Information

    Debtor(s):

    David Wayne Wakefield Represented By Jordan Nils Bursch

    Robert E Huttenhoff

    Joint Debtor(s):

    Elise Wakefield Represented By Jordan Nils Bursch

    Robert E Huttenhoff

    Movant(s):

    Howard B Grobstein (TR) Represented By Alan W Forsley

    Trustee(s):

    Howard B Grobstein (TR) Represented By Alan W Forsley

    2:00 PM

    6:19-16505


    Jesse Joseph Shelby


    Chapter 7

    Adv#: 6:19-01126 Shelby v. SOFI LENDING CORP.


    #7.00 Status Conference RE: [17] Amended Complaint by Christine A Kingston on behalf of Jesse Joseph Shelby against SOFI LENDING CORP.. (RE: related document(s)1 Adversary case 6:19-ap-01126. Complaint by Jesse Joseph Shelby against SOFI LENDING CORP.. Nature of Suit: (63 (Dischargeability - 523(a)(8), student loan)) (Kingston, Christine)


    EH     


    Docket 17


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Jesse Joseph Shelby Represented By Steven A Alpert

    Defendant(s):

    SOFI LENDING CORP. Pro Se

    Joint Debtor(s):

    Tina Marie Shelby Represented By Steven A Alpert

    Plaintiff(s):

    Jesse Joseph Shelby Represented By Christine A Kingston

    Trustee(s):

    Steven M Speier (TR) Pro Se

    2:00 PM

    6:19-15677


    Bruce Vermille Anderson


    Chapter 7

    Adv#: 6:19-01129 Roche v. Anderson


    #8.00 CONT Status Conference RE: [1] Adversary case 6:19-ap-01129. Complaint by Kevin Michael Roche against Bruce Vermile Anderson . (62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud))


    From: 12/4/19 EH     

    Docket 1


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Bruce Vermille Anderson Pro Se

    Defendant(s):

    Bruce Vermile Anderson Pro Se

    Plaintiff(s):

    Kevin Michael Roche Pro Se

    Trustee(s):

    Howard B Grobstein (TR) Pro Se

    2:00 PM

    6:18-12807


    G Hurtado Construction, Inc.


    Chapter 11

    Adv#: 6:18-01237 G Hurtado Construction, Inc. v. Catano et al


    #9.00 CONT Status Conference re Adversary case 6:18-ap-01237. Complaint by G Hurtado Construction, Inc. against Juan Catano, Faustino Magana, Donahoo & Associates, PC. (Charge To Estate - $350.00). -CLAIM OBJECTIONS Nature of Suit: 14 - Recovery of money/property - other, 91- Declaratory judgment


    From: 2/5/19, 6/5/19, 6/26/19 EH     

    Docket 1


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    G Hurtado Construction, Inc. Represented By Michael Jones Sara Tidd

    Defendant(s):

    Juan Catano Pro Se

    Faustino Magana Pro Se

    Donahoo & Associates, PC Pro Se

    Plaintiff(s):

    G Hurtado Construction, Inc. Represented By Michael Jones

    2:00 PM

    6:18-10371


    Lauren David


    Chapter 7

    Adv#: 6:19-01165 Cisneros v. David


    #10.00 Status Conference RE: [1] Adversary case 6:19-ap-01165. Complaint by A. Cisneros against Anthony J. Davis. (Charge To Estate). (Attachments: # 1 Adversary Coversheet) Nature of Suit: (31 (Approval of sale of property of estate and of a co-owner - 363(h))),(11 (Recovery of money/property - 542 turnover of property)) (Pagay, Carmela)


    EH     


    Docket 1

    *** VACATED *** REASON: CONTINUED TO 3/4/20 AT 2:00 P.M. - ALIAS SUMMONS ISSUED

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Lauren David Represented By Salvatore Bommarito

    Defendant(s):

    Anthony J David Pro Se

    Plaintiff(s):

    A. Cisneros Represented By

    Carmela Pagay

    Trustee(s):

    Arturo Cisneros (TR) Represented By Todd A Frealy

    2:00 PM

    6:17-10724


    Bausman and Company Incorporated


    Chapter 7

    Adv#: 6:19-01122 Whitmore v. Labor Commissioner of the State of California


    #11.00 CONT Status Conference RE: [1] Adversary case 6:19-ap-01122. Complaint by Robert S. Whitmore against Labor Commissioner of the State of California. (Charge To Estate $350.00). Complaint to Avoid Preferential Transfer Pursuant to 11 U.S.C. § 547 (Attachments: # 1 Adversary Cover Sheet) Nature of Suit: (12 (Recovery of money/property - 547 preference)) (Djang, Caroline)


    From: 11/6/19 EH     

    Docket 1

    *** VACATED *** REASON: CONTINUED TO 3/25/20 AT 2:00 P.M.

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Bausman and Company Incorporated Represented By

    William A Smelko

    Defendant(s):

    Labor Commissioner of the State of Represented By

    Melvin Yee

    Plaintiff(s):

    Robert S. Whitmore Represented By Caroline Djang

    Trustee(s):

    Robert Whitmore (TR) Represented By

    Best Best & Krieger Caroline Djang

    2:00 PM

    6:03-15174


    Devore Stop A General Partners


    Chapter 7

    Adv#: 6:12-01498 Morschauser v. Continental Capital LLC et al


    #12.00 CONT Status Conference Hearing RE: Complaint by William G Morschauser against Continental Capital LLC , Stephen Collias , Jesse Bojorquez , American Business Investments , Mohammed Abdizadeh


    From: 11/13/19, 12/17/19 EH         

    Docket 1


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Devore Stop A General Partners Represented By

    Arshak Bartoumian - DISBARRED - Newton W Kellam

    Devore Stop Represented By

    Hutchison B Meltzer

    Defendant(s):

    Continental Capital LLC Represented By Cara J Hagan

    Lawrence J Kuhlman Reid A Winthrop

    Stephen Collias Represented By Cara J Hagan

    Lawrence J Kuhlman Reid A Winthrop

    Jesse Bojorquez Represented By Lawrence J Kuhlman

    2:00 PM

    CONT...


    Devore Stop A General Partners


    Autumn D Spaeth ESQ Cara J Hagan

    Reid A Winthrop


    Chapter 7

    American Business Investments Represented By Lawrence J Kuhlman

    Autumn D Spaeth ESQ Cara J Hagan

    Reid A Winthrop

    Mohammed Abdizadeh Pro Se

    Plaintiff(s):

    William G Morschauser Represented By Hutchison B Meltzer Reid A Winthrop Cara J Hagan Lawrence J Kuhlman

    Trustee(s):

    Arturo Cisneros (TR) Pro Se

    2:00 PM

    6:15-14230


    Home Security Stores, Inc.


    Chapter 7

    Adv#: 6:17-01085 PRINGLE v. Winn et al


    #13.00 CONT Status Conference RE: [1] Adversary case 6:17-ap-01085. Complaint by JOHN P PRINGLE against Ralph Winn. (Charge To Estate - $350.00). and other Defendants including DOES 1-25 Nature of Suit: 12 - Recovery of money/property - 547 preference, 13-Recovery of money/property - 548 fraudulent transfer, 21-Validity, priority or extent of lien or other interest in property,14 - Recovery of money/property - other, 91- Declaratory judgment)


    From: 7/12/17, 8/23/17, 10/25/17, 5/16/18, 6/27/18, 9/26/18, 1/23/19, 3/27/19, 6/26/19, 10/16/19


    EH     


    Docket 1

    *** VACATED *** REASON: CONTINUED TO 4/8/20 AT 2:00 P.M.

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Home Security Stores, Inc. Represented By Winfield S Payne III

    Defendant(s):

    Ralph Winn Represented By

    Douglas A Plazak

    Sterling Security Service, Inc. Represented By Seth W Wiener

    Natalia V Knoch Represented By Seth W Wiener

    Steven B Knoch Represented By Seth W Wiener

    2:00 PM

    CONT...


    Home Security Stores, Inc.


    Chapter 7

    Stacy Winn Represented By

    Douglas A Plazak

    Plaintiff(s):

    JOHN P PRINGLE Represented By Charity J Manee Robert P Goe

    Trustee(s):

    John P Pringle (TR) Represented By Robert P Goe Charity J Manee

    2:00 PM

    6:16-15813


    John E. Tackett


    Chapter 7

    Adv#: 6:18-01138 Speier v. Conestoga Settlement Services, LLC et al


    #14.00 CONT Motion for Default Judgment Under LBR 7055-1, Memorandum of Points and Authorities in Support of Motion for Entry of Default Judgment Against Defendant Michael Woods


    From: 11/20/19, 12/4/19 EH     

    Docket 77

    Tentative Ruling:

    11/20/19

    BACKGROUND


    On June 29, 2016, John E. Tackett and Ellen O. Tackett (collectively "Debtors") filed a Chapter 7 voluntary petition. As part of their petition, Debtors were appointed Steven M. Speier, their ("Trustee"). The Trustee filed an adversary proceeding against Conestoga Settlement Services, LLC, a Delaware Corporation, et al (collectively "Defendants"), including Michael Woods ("Woods") and Jeff Converse ("Converse"), roughly two years later, June 20, 2018.


    Debtors’ claim against Defendants arose from an allegedly unsuited investment. In 2012, Ellen O. Tackett ("Mrs. Tackett") inherited an interest in property located at 716 Bayonne Street, El Segundo, California (the "Property"), along with her sibling, Evelyn. Evelyn paid Mrs. Tackett, through a loan, $300,000 for her interest. $50,000 of the payment went to Debtors’ debts, home repairs, and other miscellaneous expenses, leaving $250,000.


    In April 2012, Debtors meet Converse in Las Vegas at a weekend-long Amway convention. Debtors were acquainted with Converse from prior Amway related interactions. A conversation developed amongst the parties. Converse brought- up an opportunity to invest in life settlements with John Tackett ("Mr. Tackett").

    2:00 PM

    CONT...


    John E. Tackett


    Chapter 7

    Converse and Mr. Tackett agreed to continue the conversation at a later date.

    Later in the month, Converse met Debtors at a Panera Bread in Riverside, California. During the meeting, Converse stated he was a selling agent for Conestoga Settlement Services, LLC, ("Conestoga") and discussed Conestoga’s life settlement investment opportunities:


    "[I]n a life settlement contract, the beneficiary under a life insurance policy sells his or her interest to a third party, who in turns becomes the beneficiary who will receive the insurance benefit when the insured dies. The purchaser effectively wagers that the insured will die soon enough that the total of the cash paid to acquire the policy, plus the premiums that must be paid to keep the policy in force, will be less than the ultimate death benefit, yielding a positive return." (Ellen O. Tackett Decl., ¶6; John E. Tackett Decl., ¶4.)


    Converse stated several Amway Diamonds—Amway distributors who had achieved a certain level of success—were making life settlement investments. Converse then mentioned Woods, an Amway Diamond who resided in Texas, with whom Debtors were familiar with, was involved with Conestoga. Converse did qualify this investment opportunity by stating that it may not be suitable for Debtors and he would have to talk to his supervisors about their participation.


    After two to five days later, Converse called the Debtors and informed them that they were qualified and approved by his "supervisors." Another meeting took place in late April or early May. At this meeting, Converse stated that his "supervisors" would prefer that Debtors invest

    $250,000 that Mrs. Tackett’s received for her interest in the inherited Property. Debtors did not state how Converse was aware of such funds being available to them.


    A third meeting was arranged. At this meeting, Debtors had questions about information presented to them in the prior meeting. Converse explained that the investment would be for the purchase of a percentage of each policy, and a portion of the fund would be held in a reserve account in case the insured outlived his or her life expectancy dates.

    Converse stated that there was approximately five years of premium

    2:00 PM

    CONT...


    John E. Tackett


    Chapter 7

    monies that would be held in an escrow amount on each policy. After the insured passed away, Converse told Debtors the money in the escrow account would be returned to them or reinvested into other policies.


    Another meeting was arranged for Debtors to sign the contract ("Life Settlement Agreement") and purchase interest in the life policies. When Converse arrived, he told the Debtors that he was rushing because he had booked another meeting too close in time with that of Debtors. Without thoroughly reviewing the Life Settlement Agreement, Debtors signed parts of the contract that were tagged in advance by Converse or another party and deposited $30,000 to Converse.


    The contract indicated that Debtors became fractional owners of eight policies with premium ranging from 75 to 85.5 months. Since Converse stated that life expectancies for the insured were less than 55 months, Debtors were at ease with this margin. A fifth meeting took place where Debtors deposited $220,000 with Converse.


    In 2013, Mr. Tackett, employed as a probation officer, was injured in a ground defense training class. The injury, unfortunately serious, drastically reduced his ability to work. Mrs. Tackett, the sole caretaker of Mr. Tackett, was unable to substitute Mr. Tackett’s income. This led to Debtors filing for bankruptcy.


    On January 16, 2017, Conestoga sent Debtors a notice, informing them that money in the reserve account had been depleted. Pursuant to the Life Settlement Agreement, for Debtors to maintain their interest in their life policies, they would have to contribute their pro-rate share of the premiums due. On February 13, 2017, Trustee’s counsel, being aware of this notice, notified Conestoga, through a letter, of the automatic stay and the consequences of violating it.


    On February 20, 2017, Conestoga’s counsel communicated he had received the notice and proposed to buy Debtors’ interest. Unfortunately, the parties were unable to negotiate a settlement.


    Since the initial notice given to Debtors about the premium call, eight of the nine policies, the insured had outlived his or her life expectancy. However, Debtors believe that the premium calls were premature. After reviewing the Life Settlement Agreement, Debtors, because Woods name appeared at the top of the coverage page under "Independent Contractor," believe Woods is the supervisor Converse alluded to. Trustee now files a motion asking for the court to grant a default judgment against

    2:00 PM

    CONT...

    Woods.


    John E. Tackett


    Chapter 7



    PROCEDURAL HISTORY



    Trustee filed an adversary proceeding against Defendants on June 20, 2018, which was timely served. Defendants had until July 20, 2018 to file and serve a written response to the Trustee’s complaint. Defendants filed a response, asking for the court to dismiss the case, on July 30, 2019.


    Trustee then filed a request for the clerk to enter a default judgment due to the untimely response of the Defendants. The clerk obliged, entering a default judgment against Defendants on August 8, 2018. Conestoga Settlement Services, LLC; Conestoga International, LLC; and Conestoga Trust (collectively, "Conestoga Entities") disputed that the service was proper. On September 7, 2018, Trustee and Conestoga Entities agreed that the Trustee would set aside the default judgment if they accept service as proper. The stipulation agreement was granted, and Conestoga Entities had until September 28, 2018 to file their response.


    Conestoga Entities filed an answer to the complaint on October 1, 2018 and asked for extending time to respond to the complaint. The motion was granted on October 12, 2018. Conestoga Entities did not file another answer. Roughly a year later, Trustee filed this motion, requesting a default judgment against Woods.


    DISCUSSION



    1. Entry of Default



      FED. R. CIV. P. Rule 55 states that "[w]hen a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party’s default." Fed. R. Civ. P. 55(a). Local Rule 7055-1 provides further requirements relating to a motion for entry of default judgment, and those

      2:00 PM

      CONT...


      John E. Tackett


      Chapter 7

      requirements have been substantially satisfied here.


    2. Motion for Default Judgment



      1. Proper Service of Summons and Complaint


        FED. R. BANKR. P. Rule 7004(b)(1) states, in part:


        1. ervice may be made within the United States by first class mail postage prepaid as follows..


          1. Upon an individual other than an infant or incompetent, by mailing a copy of the summons and complaint to the individual’s dwelling house or usual place of abode or to the place where the individual regularly conducts a business or profession.


            Here, it appears that the motion for default judgment has been properly served.


      2. Complaint as True


        Upon default, the factual allegations of the complaint, except those relating to the amount of damages, will be taken as true. TeleVideo Systems, Inc. v. Heidenthal, 826 F.2d 915, 917 (9th Cir. 1987); see also Almog v. Golden Summit Investors Group, Ltd., 2012 WL 12867972 at *4 (C.D. Cal. 2012) (stating that when reviewing a motion for default judgment, the Court must accept the well-pleaded allegations of the complaint relating to liability as true.).

        2:00 PM

        CONT...


        John E. Tackett

    3. Jurisdiction


      Chapter 7



      1. Subject Matter Jurisdiction



        This Court has subject matter jurisdiction pursuant to U.S.C §157(b)(1)— Bankruptcy Judges may hear and determine all cases under title 11 and all core proceedings arising under title 11—and 28 U.S.C. §1334. Trustee has asserted a claim arising under title 11, a Chapter 7 voluntary petition, and the matter concerns the administration of an estate. U.S.C §157(b)(2)(A).


      2. Venue


        Venue is proper pursuant to 28 U.S.C. §1409(a):

        "Except as otherwise provided in subsections (b) and (d), a proceeding arising under title 11 or arising in or related to a case under title 11 may be commenced in the district court in which such case is pending."

        Debtors’ lead bankruptcy case (16-15813) is currently pending in this Court.


      3. Personal Jurisdiction



        Personal Jurisdiction of an out-of-state defendant is appropriate if the relevant state’s long arm-statue permits the assertion of jurisdiction without violating federal due process. Schwarzenegger v. Fred Martin Motor Co. 374, F.3d 797, 800 (9th Cir. 2004). Due process requires that non-residents have certain "minimum contacts" with

        2:00 PM

        CONT...


        John E. Tackett


        Chapter 7

        the forum state. Int’l Shoe Co. v. Washington, 326. U.S. 310, 316 (1945).

        In California the Ninth Circuit has articulated a three-prong test:

        1. the non-resident defendant must purposefully direct his activities or consummate some transaction in the forum or resident thereof, or perform some act by which it purposeful avails itself of the privilege of conducting activities in the forum, thereby invoking the benefits and protections of forum’s laws;


        2. the claim must be one which arises out of or relates to the defendant’s forum-related activities; and


        3. the exercise of jurisdiction must comport with the fair play and substantial justice. Lake v. Lake, 817 F.2d 1416, 1421 (9th Cir. 1987).


          1. Purposeful Direction


            To determine if the first prong is satisfied, because the Trustee alleges fraud, a purposeful direction analysis must be used. Schwarzenegger, 374 F.3d at 802 (stating that purposeful direction analysis is used in tort-related claims). A three part-test is utilized in the purposeful analysis—the Calder- effects test. Calder v. Jones, 465 U.S. 783 (1984). Under this test, the defendant allegedly must have (1) committed an intentional act, (2) expressly aimed at the forum state, and (3) causing harm that the defendant know is likely to be suffered in the forum state. Id.


            Accepting all the allegations as true in the Trustee complaint, the Court finds that Woods, involved with Conestoga in some manner, with Converse, defrauded Californians into purchasing investments unsuitable for them.

            2:00 PM

            CONT...


            John E. Tackett

          2. Forum Related Activities


            Chapter 7



            The second prong requires that the Trustee’s claim shows that Debtors would not have been injured "but for" the defendant’s forum-related conduct. Myers v. Bennet Law Offices, 238 F.3d 1068, 1075 (9th Cir. 2001). Trustee claims that Debtors would not have suffered injury but for Converse’s conduct, who is believed to be an agent of Woods.


          3. Reasonableness


            The third prong requires that the court consider seven factors:

            1. The extent of defendant’s purposeful interjection;

            2. the burden on defendant in defending in the forum;

            3. the extent of conflict with the sovereignty of defendant’s state;

            4. the forum state’s interest in adjudicating the suit;

            5. the most efficient judicial resolution of the controversy;

            6. the importance of the forum to the plaintiff’s interest in convenient and effective relief; and


            7. the existence of an alternative forum. Core-Vent Corp. v. Nobel Indust. AB, 11 F.3d 1482, 1487 (9th Cir. 1993).


            In engaging in this analysis, no one factor is dispositive. Id. at 1488. With respect to the first factor, Trustee has shown that Woods had intentional and continuous contact with California. Woods was listed as an "Independent Contractor" on the Life Settlement Agreement’s coverage page. (John E. Tackett Decl. ¶15). Woods was associated with Conestoga, which was selling securities in the State of California.

            2:00 PM

            CONT... John E. Tackett

            As to the second factor, there is nothing in the record or that the


            Chapter 7

            Court can see that indicating that it would be inconvenient for Woods to litigate this lawsuit in California.


            Looking at the third factor, Trustee claims arise under federal law and California Law. Thus, there is no potential conflict with another state’s law or regulation. Thus, this weighs in favor of the Trustee.


            Trustee is headquartered in California, and Debtors are residence of California. Californian courts, including this Court, have a strong interest in protecting California citizens and domestic businesses from the wrongful acts of a non-resident defendant.


            As to the fifth factor, most of the evidence and witnesses are based in Riverside, California. Converse met with Debtors multiple times at a Panera Bread in Riverside, where the contract was signed.


            Turning to the sixth factor, while it may not be as convenient for the Trustee to litigate this matter outside of California, there is nothing in the record suggesting that convenient and effective relief is unavailable in a different forum. Thus, this factor is neutral.


            Evaluating the seventh factor, the Court finds that this factor is neutral for the same reasons stated above. Thus, taking all the foregoing factors into consideration, the Court finds that personal jurisdiction over Woods in this action is appropriate.


    4. Analysis of Judgment by Default


      To obtain a default judgment, a two-step process is required: "(1) entry of party’s default (normally by the clerk), and (2) entry of a default judgment[, which can be given by the Clerk if the sum is certain or by the Court in all other cases]". In re McGee, 359 B.R. 765 (B.A.P. 9th Cir. 2006). The Trustee has admitted that the sum in this claim is certain, so such an entry of default by the Clerk could be appropriate. However, this motion has provided additional support for the calculation of damages.

      The complaint includes fraud, negligent misrepresentation, violation of securities

      2:00 PM

      CONT...


      John E. Tackett


      Chapter 7

      qualification requirements, and misrepresentation in the sale of securities. The Trustee asks to be awarded interest and punitive damages as well as the full invested amount,

      $250,000. Before the Court can address the Trustee claims, it must determine if the pleadings support a finding of a principal-agent relationship between Woods and Converse since all the claims against Woods are based on the allegation that Converse is the agent of Woods

      1. Agent

        A principal-agent relationship can be created by one of two ways:

        1. actual authority—"an agent acts with actual authority when, at the time of taking action that has legal consequences for the principal, the agent reasonable believes, in accordance with the principal’s manifestations to the agent, that the principal wishes the agent so to act—or


        2. apparent authority—"the power held by an agent…to affect a principal’s legal relationship with third parties when a third party reasonably believes the actor has authority to act on behalf and that belief is traceable to the principal’s manifestation. Restatement (Third) of Agency §§ 2.01 and 2.03.


          Because there is no declaration provided by Converse, the pleading does not provide support for actual authority. Nor does the complaint allege sufficient facts to establish an agency relationship.


          However, there may be evidence of apparent authority. "Apparent authority ‘must be established by proof of something said or done by the principal on which [a third part] reasonably relied’; it ‘cannot be established merely by showing that [the purported agent] claimed authority or purported to exercise it.’" Pascal v. Agentra, LLC, 2019 U.S. Dist. Lexis 179359, *10 (Cal. Dist. Ct. App. 2019) (quoting Nat’l Labor Relations Bd. v. Dist.

          Counsel of Iron Works, 124 F.3d 1094, 1099 (9th Cir. 1997).

          Examples of an establishment of apparent authority would be the "principal’s direct statement to the third party, directions to the agent to tell something to the third person, or the granting of permission to the agent to perform acts and conduct negotiations under circumstances which create in him a reputation of authority in the area which the agent acts and negotiates." Id. No evidence of this kind was presented in the pleading. Thus, the Trustee does not plead sufficient facts to support an apparent authority that Woods is vicariously liable for the acts purportedly perpetrated

          2:00 PM

          CONT...


          John E. Tackett


          Chapter 7

          by Converse.

          Furthermore, evidence of ratification is also not present in the pleading.

          Ratification is "the affirmance of a prior act done by another, whereby the act is given effect as if done by an agent acting with actual authority. Kristensen v. Credit Payment Serv., 879 F.3d 1010, 1014 (9th Cir. 2018). A principal can be found liable when he or she ratifies an originally unauthorized tort. Id.


          However, here the Debtors’ declaration simply reflects that Woods’ name appears on the cover page of the Life Settlement Agreement under "Independent Contractor Name." Nothing in the claim establishes such proof of a principal-agent relationship nor ratification of the agents authorized conduct.


          TENTATIVE RULING



          Thus, the Court is inclined to DENY the motion for default judgment.


          APPEARANCES REQUIRED.


          Party Information

          Debtor(s):

          John E. Tackett Represented By Stefan R Pancer

          Defendant(s):

          Conestoga Settlement Services, LLC Represented By

          Charles Miller

          Conestoga International Holdings, Represented By

          Charles Miller

          Conestoga Trust Represented By Charles Miller

          2:00 PM

          CONT...


          John E. Tackett


          Chapter 7

          Michael Woods Pro Se

          Michael McDermott Pro Se

          Joint Debtor(s):

          Ellen O. Tackett Represented By Stefan R Pancer

          Movant(s):

          Steven M Speier Represented By Thomas J Eastmond Robert P Goe

          Rafael R Garcia-Salgado

          Plaintiff(s):

          Steven M Speier Represented By Thomas J Eastmond Robert P Goe

          Rafael R Garcia-Salgado

          Trustee(s):

          Steven M Speier (TR) Represented By Robert P Goe

          Thomas J Eastmond

          2:00 PM

          6:17-20092


          Mark Bastorous


          Chapter 7

          Adv#: 6:18-01064 Gerges et al v. Bastorous et al


          #15.00 CONT Status Conference Re: Adversary case 6:18-ap-01064. Complaint by Mona Gerges, Rafet Gerges, St. Mary Properties, LLC against Mark Bastorous, Bernadette Shenouda. 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


          From: 5/9/18, 5/16/18, 7/11/18, 8/22/18, 10/31/18, 11/14/18, 1/30/19, 2/27/19, 6/12/19, 7/10/19


          EH     


          Docket 1

          *** VACATED *** REASON: CONTINUED TO 4/22/20 AT 2:00 P.M.

          Tentative Ruling:

          - NONE LISTED -

          Party Information

          Debtor(s):

          Mark Bastorous Represented By Thomas F Nowland

          Defendant(s):

          Mark Bastorous Represented By Thomas F Nowland

          Bernadette Shenouda Represented By Thomas F Nowland

          Joint Debtor(s):

          Bernadette Shenouda Represented By Thomas F Nowland

          Plaintiff(s):

          Mona Gerges Represented By

          2:00 PM

          CONT...


          Mark Bastorous


          Louis J Esbin


          Chapter 7

          Rafat Gerges Represented By

          Louis J Esbin

          St. Mary Properties, LLC Represented By Louis J Esbin

          Trustee(s):

          John P Pringle (TR) Represented By David M Goodrich Reem J Bello

          2:00 PM

          6:17-20092


          Mark Bastorous


          Chapter 7

          Adv#: 6:18-01057 Whitson et al v. Bastorous


          #16.00 CONT Status Conference RE: Adversary case 6:18-ap-01057. Complaint by Blaine Whitson, Susan Whitson, Union Home Loan Profit Sharing Plan, Gurpaljit Deoll, Benny Winefeld, RM Holdings, LLC against Mark Bastorous. false pretenses, false representation, actual fraud)),(68 (Dischargeability - 523(a)(6), willful and malicious injury))


          From: 5/9/18, 8/22/18, 10/31/18, 2/27/19, 6/12/19


          EH     


          Docket 1

          *** VACATED *** REASON: ADVERSARY DISMISSED 11/13/19

          Tentative Ruling:

          - NONE LISTED -

          Party Information

          Debtor(s):

          Mark Bastorous Represented By Thomas F Nowland

          Defendant(s):

          Mark Bastorous Represented By Thomas F Nowland

          Joint Debtor(s):

          Bernadette Shenouda Represented By Thomas F Nowland

          Plaintiff(s):

          Blaine Whitson Represented By Benjamin Taylor

          Susan Whitson Represented By Benjamin Taylor

          2:00 PM

          CONT...


          Mark Bastorous


          Chapter 7

          Union Home Loan Profit Sharing Represented By

          Benjamin Taylor

          Gurpaljit Deoll Represented By Benjamin Taylor

          Benny Winefeld Represented By Benjamin Taylor

          RM Holdings, LLC Represented By Benjamin Taylor

          Trustee(s):

          John P Pringle (TR) Represented By David M Goodrich Reem J Bello

          2:00 PM

          6:17-20092


          Mark Bastorous


          Chapter 7

          Adv#: 6:18-01061 Farah v. Bastorous et al


          #17.00 CONT Status Conference RE: [45] Amended Complaint THIRD AMENDED COMPLAINT FOR NONDISCHARGEABILITY BASED ON 11 USC § 523(a)(2)

          (A) AND FOR FRAUD, DECEIT AND/OR FALSE PROMISE by Wayne W Suojanen on behalf of Mina Farah against Mark Bastorous. (RE: related document(s)1 Adversary case 6:18-ap-01061. Complaint by Mina Farah, Mark Bastorous against Mark Bastorous, Bernadette Shenouda. false pretenses, false representation, actual fraud)),(65 (Dischargeability - other)),(14 (Recovery of money/property - other)),(13 (Recovery of money/property - 548 fraudulent transfer)),(01 (Determination of removed claim or cause)) filed by Plaintiff Mina Farah). (Suojanen, Wayne)


          From: 3/27/19, 6/12/19 EH     

          Docket 45

          *** VACATED *** REASON: ADVERSARY DISMISSED 7/18/19

          Tentative Ruling:

          - NONE LISTED -

          Party Information

          Debtor(s):

          Mark Bastorous Represented By Thomas F Nowland

          Defendant(s):

          Mark Bastorous Represented By Thomas F Nowland

          Bernadette Shenouda Represented By Thomas F Nowland

          Joint Debtor(s):

          Bernadette Shenouda Represented By

          2:00 PM

          CONT...


          Mark Bastorous


          Thomas F Nowland


          Chapter 7

          Plaintiff(s):

          Mina Farah Pro Se

          Trustee(s):

          John P Pringle (TR) Represented By David M Goodrich Reem J Bello

          2:00 PM

          6:17-20092


          Mark Bastorous


          Chapter 7

          Adv#: 6:18-01062 Khalil v. Bastorous et al


          #18.00 CONT Status Conference RE: [43] Amended Complaint THIRD AMENDED COMPLAINT FOR NONDISCHARGEABILITY BASED ON 11 USC § 523(a)(2)

          (A) AND FOR FRAUD, DECEIT AND/OR FALSE PROMISE by Wayne W Suojanen on behalf of Anis Khalil against Mark Bastorous. (RE: related document(s)1 Adversary case 6:18-ap-01062. Complaint by Anis Khalil against Mark Bastorous, Bernadette Shenouda. false pretenses, false representation, actual fraud)),(65 (Dischargeability - other)),(14 (Recovery of money/property - other)),(13 (Recovery of money/property - 548 fraudulent transfer)) filed by Plaintiff Anis Khalil). (Suojanen, Wayne)


          From: 3/27/19, 6/12/19 EH     

          Docket 43


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Mark Bastorous Represented By Thomas F Nowland

          Defendant(s):

          Mark Bastorous Represented By Thomas F Nowland

          Bernadette Shenouda Represented By Thomas F Nowland

          Joint Debtor(s):

          Bernadette Shenouda Represented By Thomas F Nowland

          2:00 PM

          CONT...


          Mark Bastorous


          Chapter 7

          Plaintiff(s):

          Anis Khalil Pro Se

          Trustee(s):

          John P Pringle (TR) Represented By David M Goodrich Reem J Bello

          2:00 PM

          6:17-20092


          Mark Bastorous


          Chapter 7

          Adv#: 6:18-01063 Chen et al v. Bastorous et al


          #19.00 CONT Status Conference re Amended Complaint by Douglas L Mahaffey on behalf of Chienan Chen, Chun-Wu Li against Bernadette Shenouda, 3 Columnar Ladera LLC, Mike Bareh, Mark Bastorous, MB Capital Group LLC. (Dismissed as to Bernadette Shenouda 1/2/19)


          From: 5/9/18, 6/6/18, 8/22/18, 10/31/18, 2/27/19, 6/12/19


          EH     


          Docket 5


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Mark Bastorous Represented By Thomas F Nowland

          Defendant(s):

          Mark Bastorous Represented By Thomas F Nowland

          3 Columnar Ladera LLC Pro Se

          Mike Bareh Represented By

          Mirco J Haag Jason E Goldstein

          MB Capital Group LLC Pro Se

          Bernadette Shenouda Represented By Thomas F Nowland

          2:00 PM

          CONT...


          Mark Bastorous


          Chapter 7

          Joint Debtor(s):

          Bernadette Shenouda Represented By Thomas F Nowland

          Plaintiff(s):

          Chienan Chen Represented By Douglas L Mahaffey

          Chun-Wu Li Represented By

          Douglas L Mahaffey

          Trustee(s):

          John P Pringle (TR) Represented By David M Goodrich Reem J Bello

          2:00 PM

          6:13-29922


          Nancy Ann Howell


          Chapter 7

          Adv#: 6:14-01070 Law Office of Andrew S. Bisom et al v. Howell


          #20.00 CONT Motion For Summary Judgment

          (Holding Date)


          From: 12/2/15, 2/17/16, 3/2/16, 3/16/16, 4/27/16, 9/21/16, 12/14/16, 6/21/17, 1/24/18, 1/31/18, 5/30/18, 10/10/18, 2/27/19, 8/28/19, 11/6/19


          Also #21 EH     

          Docket 62

          *** VACATED *** REASON: CONTINUED TO 2/12/20 AT 2:00 P.M.

          Tentative Ruling:

          - NONE LISTED -

          Party Information

          Debtor(s):

          Nancy Ann Howell Pro Se

          Defendant(s):

          Nancy Ann Howell Pro Se

          Movant(s):

          Law Office of Andrew S. Bisom Represented By

          Andrew S Bisom

          Plaintiff(s):

          Law Office of Andrew S. Bisom Represented By

          Andrew S Bisom

          Eisenberg Law Firm, APC Represented By Andrew S Bisom

          2:00 PM

          CONT...

          Trustee(s):


          Nancy Ann Howell


          Chapter 7

          Steven M Speier (TR) Pro Se

          2:00 PM

          6:13-29922


          Nancy Ann Howell


          Chapter 7

          Adv#: 6:14-01070 Law Office of Andrew S. Bisom et al v. Howell


          #21.00 CONT Status Conference RE: [1] Adversary case 6:14-ap-01070. Complaint by Law Office of Andrew S. Bisom, Eisenberg Law Firm, APC against Nancy Ann Howell. false pretenses, false representation, actual fraud)),(68 (Dischargeability - 523(a)(6), willful and malicious injury))


          From: 5/14/14, 7/2/14, 12/10/14, 3/18/15, 4/22/15, 5/20/15, 7/22/15, 10/28/15, 12/2/15, 2/17/16, 3/2/16, 3/16/16, 4/27/16, 9/21/16, 12/14/16, 6/21/17, 1/24/18,

          1/31/18, 5/30/18, 10/10/18, 2/27/19, 8/28/19, 11/6/19


          Also #20 EH     

          Docket 1

          *** VACATED *** REASON: CONTINUED TO 2/12/20 AT 2:00 P.M.

          Tentative Ruling:

          - NONE LISTED -

          Party Information

          Debtor(s):

          Nancy Ann Howell Pro Se

          Defendant(s):

          Nancy Ann Howell Pro Se

          Plaintiff(s):

          Law Office of Andrew S. Bisom Represented By

          Andrew S Bisom

          Eisenberg Law Firm, APC Represented By Andrew S Bisom

          Trustee(s):

          Steven M Speier (TR) Pro Se

          2:00 PM

          CONT...


          Nancy Ann Howell


          Chapter 7

          11:00 AM

          6:14-18349


          Fabiola Adame


          Chapter 13


          #1.00 CONT Motion For Order Denying Discharge From: 12/19/19

          EH     


          Docket 235

          Tentative Ruling:

          12/19/19

          BACKGROUND


          On June 27, 2014, Fabiola Adams ("Debtor") filed a Chapter 13 voluntary petition. On August 15, 2014, Debtor’s Chapter 13 plan was confirmed. Debtor’s Chapter 13 plan was subsequently modified twice.


          On October 21, 2019, Trustee filed a notice of intent to file final report, as well as a notice of final cure mortgage payment pursuant to FED. R. BANKR. P. Rule 3002.1. On November 11, 2019, HSBC Bank USA, N.A. ("Creditor") filed a response to notice of final cure, stating that Debtor remained delinquent in the amount of $33,345.36. On November 13, 2019, Trustee filed a motion for an order denying discharge, asserting that Debtor should not receive a discharge due to her failure to complete the direct payments provided for in the Chapter 13 plan.


          On November 15, 2019, Debtor filed a motion for authorization to enter into a loan modification. On December 4, 2019, Debtor filed an opposition to Trustee’s motion, appearing to argue that the loan modification cured the existing default. On December 5, 2019, the Court entered an order authorizing Debtor to enter into a loan

          11:00 AM

          CONT...


          Fabiola Adame


          Chapter 13

          modification agreement.


          DISCUSSION



          After reviewing the attachment to docket number 239, Debtor’s motion for authority to enter into a loan modification agreement, the Court notes that it does not appear that the attached documents actually include any loan modification terms. As a result, the Court has not been presented with any evidence establishing that Debtor has, in fact, cured the delinquent direct payments to Creditor.


          TENTATIVE RULING



          If Debtor provides evidence sufficient to establish that Debtor has cured the delinquent direct payments to Creditor, then the Court is inclined to DENY the motion. Otherwise, the Court is inclined to CONTINUE the matter for Debtor to file supplemental evidence.


          APPEARANCES REQUIRED.


          Party Information

          Debtor(s):

          Fabiola Adame Represented By

          Ramiro Flores Munoz

          Movant(s):

          Rod Danielson (TR) Pro Se

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:00 AM

          6:17-13729


          Paula Rosales


          Chapter 13


          #2.00 Motion to set aside RE: Dismissal EH     

          Docket 50

          Tentative Ruling:

          1/16/20

          BACKGROUND


          On May 4, 2017, Paula Rosales ("Debtor") filed a Chapter 13 voluntary petition. On July 3, 2017, Debtor’s Chapter 13 plan was confirmed. The plan was subsequently modified on September 5, 2019.


          On November 5, 2019, Trustee filed a motion to dismiss for failure to make plan payments. On November 25, 2019, Trustee filed a declaration stating that the delinquency had not been cured and no opposition had been filed. On December 17, 2019, the case was dismissed.


          On December 26, 2019, Debtor filed a motion to vacate dismissal simply stating that "Debtor sent in payment to be current with plan payment, but it did not post in time and the case ended out being dismissed." This being the case, it appears that the proximate cause of the dismissal on December 17, 2019 was the failure of Debtor’s attorney to promptly take action to address the situation, or to file an opposition to the motion to dismiss. The motion contains no explanation as to why Debtor did not oppose the motion to dismiss.

          11:00 AM

          CONT...


          Paula Rosales


          Chapter 13

          DISCUSSION



          Debtor relies on FED. R. CIV. P. Rule 60(b)(1), incorporated into bankruptcy proceedings by FED. R. BANKR. P. Rule 9024, which allows for relief from an order based on "mistake, inadvertence, surprise, or excusable neglect."


          While Debtors’ argue that the case was dismissed due to mistakenly using a personal check to cure arrears, the Court is also concerned that Debtors’ counsel did not file an opposition to Trustee’s motion to dismiss. It is well established that "an attorney’s ignorance and carelessness does not provide grounds for Rule 60(b) relief." In re Mercado, 144 B.R. 879, 886 (Bankr. C.D. Cal. 1992) (citing Bershad v. McDonough, 469 F.2d 1333, 1337 (7th Cir. 1972). And the mere assertion that counsel did not fulfill its duties, but that such carelessness was inadvertent, is clearly inadequate to support Rule 60(b) relief. See, e.g., In re ACME Motors, Inc., 125 B.R. 702, 703 (Bankr. D.R.I. 1991).


          "Rule 60(b) relief is extraordinary." Id. Yet, in this court, a request for relief from a Chapter 13 dismissal order has become semi-ordinary. On occasion, the requests are legally sound. Here, however, the evidence provided simply indicates that Debtor’s counsel did not take appropriate action to respond to or resolve Trustee’s motion to dismiss.


          The Seventh Circuit has stated that:


          1. he clients are principals, the attorney is an agent, and under the law of agency the principal is bound by his chosen agent’s deeds. The rule is that all of the attorney’s misconduct (except in the cases where the act is outside the scope of employment or in cases of excusable neglect) becomes the problem of the client. A lawyer who inexcusably neglects his client’s obligations does not present exceptional circumstances.

          11:00 AM

          CONT...


          Paula Rosales


          Chapter 13


          Bakery Mach. & Fabrication, Inc. v. Traditional Baking, Inc., 570 F.3d 845, 848 (7th Cir. 2009). "Although attorney carelessness can [in certain circumstances] constitute ‘excusable neglect’ under Rule 60(b)(1), attorney inattentiveness to litigation is not excusable, no matter what the resulting consequences the attorney’s somnolent behavior may have on a litigant." Easley v. Kirmsee, 382 F.3d 693, 698 (7th Cir. 2004) (collecting cases).


          TENTATIVE RULING



          The Court is inclined to GRANT the motion conditioned on compliance with the Trustee’s conditions.


          APPEARANCES REQUIRED. Williams Radcliffe to personally appear at the hearing.


          Party Information

          Debtor(s):

          Paula Rosales Represented By William Radcliffe

          Movant(s):

          Paula Rosales Represented By William Radcliffe William Radcliffe

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:00 AM

          6:17-20652


          Marian Amelia Pagano


          Chapter 13


          #3.00 Motion to Vacate Dismissal Fed.R.Civ.P. 60(b) EH     

          Docket 58

          Tentative Ruling:

          1/16/20

          BACKGROUND


          On December 30, 2017, Marian Pagano ("Debtor") filed a Chapter 13 voluntary petition. On March 23, 2018, Debtor’s Chapter 13 plan was confirmed.


          On October 9, 2019, Trustee filed a motion to dismiss for failure to make plan payments. On October 23, 2019, Debtor filed an opposition to the motion to dismiss, stating that she would cure the delinquency at the hearing. At the hearing, Debtor’s attorney represented that Debtor had made a payment on October 31, 2019, but neither counsel nor Trustee had any evidence of the alleged payment. On that record, the Court dismissed the case.


          On December 20, 2019, Debtor filed a motion to vacate dismissal arguing that she did in fact attempt to make a plan payment prior to the dismissal of the case, and, in support of the motion, she attaches a refund check in the amount of $1,410.19 issued to her by Trustee.


          On December 26, 2019, Trustee filed comments on the motion to vacate dismissal, indicating that Trustee approves the requested relief on the condition that the Debtor

          11:00 AM

          CONT...


          Marian Amelia Pagano


          Chapter 13

          cure the outstanding delinquency in the amount of $3,110.19.


          TENTATIVE RULING



          Given that Debtor appears to have attempted to cure the outstanding delinquency prior to the dismissal of the case on November 7, 2019, the Court finds that vacating dismissal pursuant to FED. R. CIV. P. Rule 60(b), incorporated into bankruptcy proceedings by FED. R. BANKR. P. Rule 9024, is appropriate in this case, conditioned on Debtor’s curing the outstanding delinquency.


          APPEARANCES REQUIRED.


          Party Information

          Debtor(s):

          Marian Amelia Pagano Represented By Frank J Alvarado

          Movant(s):

          Marian Amelia Pagano Represented By Frank J Alvarado

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:00 AM

          6:19-17992


          Judy May Wells


          Chapter 13


          #4.00 Objection to Proposed Order Confirming Chapter 13 Plan EH     

          Docket 48


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Judy May Wells Represented By David L Nelson

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:00 AM

          6:19-18761


          Alejandro E. Penaloza and Maria G. Penaloza


          Chapter 13


          #5.00 Motion RE: Objection to Claim Number 3 by Claimant Capital One Auto Finance EH     

          Docket 21


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Alejandro E. Penaloza Represented By Sundee M Teeple

          Joint Debtor(s):

          Maria G. Penaloza Represented By Sundee M Teeple

          Movant(s):

          Alejandro E. Penaloza Represented By Sundee M Teeple Sundee M Teeple

          Maria G. Penaloza Represented By Sundee M Teeple Sundee M Teeple

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:00 AM

          6:19-18850


          Sonia Salguero


          Chapter 13


          #6.00 CONT Confirmation of Chapter 13 Plan From: 1/9/20

          EH      


          Docket 0


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Sonia Salguero Represented By Christopher J Langley

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:00 AM

          6:19-18002


          Joseph R. Hernandez


          Chapter 13


          #7.00 CONT Confirmation of Chapter 13 Plan From: 12/5/19

          EH      


          Docket 0


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Joseph R. Hernandez Represented By Christopher J Langley

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:00 AM

          6:19-18448


          James J. Ysais


          Chapter 13


          #8.00 Confirmation of Chapter 13 Plan EH      

          Docket 0


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          James J. Ysais Represented By

          James D. Hornbuckle

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:00 AM

          6:19-19242


          Franklin Rojas


          Chapter 13


          #9.00 Confirmation of Chapter 13 Plan EH      

          Docket 0


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Franklin Rojas Pro Se

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:00 AM

          6:19-19251


          Adam Brian Britt and Kenya Lashawn Britt


          Chapter 13


          #10.00 Confirmation of Chapter 13 Plan EH      

          Docket 0


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Adam Brian Britt Represented By Matthew D. Resnik

          Joint Debtor(s):

          Kenya Lashawn Britt Represented By Matthew D. Resnik

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:00 AM

          6:19-19253


          Nery B. Mejia


          Chapter 13


          #11.00 Confirmation of Chapter 13 Plan EH      

          Docket 0

          *** VACATED *** REASON: CASE DISMISSED 11/8/19

          Tentative Ruling:

          - NONE LISTED -

          Party Information

          Debtor(s):

          Nery B. Mejia Represented By Jaime A Cuevas Jr.

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:00 AM

          6:19-19255


          Kimberley D Blevins


          Chapter 13


          #12.00 Confirmation of Chapter 13 Plan EH      

          Docket 0


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Kimberley D Blevins Represented By Christopher J Langley

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:00 AM

          6:19-19272


          James Hughey, Jr.


          Chapter 13


          #13.00 Confirmation of Chapter 13 Plan EH      

          Docket 0


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          James Hughey Jr. Represented By Dana Travis

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:00 AM

          6:19-19273


          Josephine Jaques


          Chapter 13


          #14.00 Confirmation of Chapter 13 Plan EH      

          Docket 0

          *** VACATED *** REASON: CASE DISMISSED 11/12/19

          Tentative Ruling:

          - NONE LISTED -

          Party Information

          Debtor(s):

          Josephine Jaques Represented By Randolph R Ramirez

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:00 AM

          6:19-19284


          Kervin Rayal Routt


          Chapter 13


          #15.00 Confirmation of Chapter 13 Plan EH      

          Docket 0

          *** VACATED *** REASON: CASE DISMISSED 12/9/19

          Tentative Ruling:

          - NONE LISTED -

          Party Information

          Debtor(s):

          Kervin Rayal Routt Pro Se

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:00 AM

          6:19-19287


          Deborah Sue Burton


          Chapter 13


          #16.00 Confirmation of Chapter 13 Plan EH      

          Docket 0


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Deborah Sue Burton Represented By

          Wilfred E. Briesemeister

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:00 AM

          6:19-19295


          Mary Isabelle Consalvo


          Chapter 13


          #17.00 Confirmation of Chapter 13 Plan EH      

          Docket 0


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Mary Isabelle Consalvo Represented By Dana Travis

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:00 AM

          6:19-19300


          Nicholas A. Asamoa


          Chapter 13


          #18.00 Confirmation of Chapter 13 Plan EH      

          Docket 0


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Nicholas A. Asamoa Represented By Stephen S Smyth

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:00 AM

          6:19-19302


          Mariano Ayala Villanueva


          Chapter 13


          #19.00 Confirmation of Chapter 13 Plan EH      

          Docket 0


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Mariano Ayala Villanueva Represented By Maria C Hehr

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:00 AM

          6:19-19308


          Davina Stowers-Burgess


          Chapter 13


          #20.00 Confirmation of Chapter 13 Plan EH      

          Docket 0


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Davina Stowers-Burgess Represented By Daniel King

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:00 AM

          6:19-19320


          Patricia Gates


          Chapter 13


          #21.00 Confirmation of Chapter 13 Plan EH      

          Docket 0


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Patricia Gates Represented By Todd L Turoci

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:00 AM

          6:19-19331


          Hugo Perez


          Chapter 13


          #22.00 Confirmation of Chapter 13 Plan EH      

          Docket 0

          *** VACATED *** REASON: CASE DISMISSED 11/12/19

          Tentative Ruling:

          - NONE LISTED -

          Party Information

          Debtor(s):

          Hugo Perez Pro Se

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:00 AM

          6:19-19335


          Sandraea La 'Jean Plummer


          Chapter 13


          #23.00 Confirmation of Chapter 13 Plan EH      

          Docket 0


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Sandraea La 'Jean Plummer Represented By Cynthia A Dunning

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:00 AM

          6:19-19338


          Rosemary Garcia


          Chapter 13


          #24.00 Confirmation of Chapter 13 Plan EH      

          Docket 0

          *** VACATED *** REASON: CASE DISMISSED 11/25/19

          Tentative Ruling:

          - NONE LISTED -

          Party Information

          Debtor(s):

          Rosemary Garcia Represented By Kevin Tang

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:00 AM

          6:19-19345


          Michael Christopher Oropallo and Lauren Elaine Oropallo


          Chapter 13


          #25.00 Confirmation of Chapter 13 Plan EH      

          Docket 0


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Michael Christopher Oropallo Represented By

          Rabin J Pournazarian

          Joint Debtor(s):

          Lauren Elaine Oropallo Represented By

          Rabin J Pournazarian

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:00 AM

          6:19-19359


          Jesus Antonio Palomares and Claudia Heredia Palomares


          Chapter 13


          #26.00 Confirmation of Chapter 13 Plan EH      

          Docket 0

          *** VACATED *** REASON: CASE DISMISSED 12/27/19

          Tentative Ruling:

          - NONE LISTED -

          Party Information

          Debtor(s):

          Jesus Antonio Palomares Pro Se

          Joint Debtor(s):

          Claudia Heredia Palomares Pro Se

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:00 AM

          6:19-19360


          Troy D. Lee


          Chapter 13


          #27.00 Confirmation of Chapter 13 Plan EH      

          Docket 0


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Troy D. Lee Represented By

          Gregory Ashcraft

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:00 AM

          6:19-19389


          Andre B. Jackson


          Chapter 13


          #28.00 Confirmation of Chapter 13 Plan EH      

          Docket 0


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Andre B. Jackson Represented By Julie J Villalobos

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:00 AM

          6:19-19391


          Florence Marie Rodriguez


          Chapter 13


          #29.00 Confirmation of Chapter 13 Plan EH      

          Docket 0


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Florence Marie Rodriguez Represented By Steven A Alpert

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:00 AM

          6:19-19399


          Gerardo Calleros and Michelle J. Calleros


          Chapter 13


          #30.00 Confirmation of Chapter 13 Plan EH      

          Docket 0


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Gerardo Calleros Represented By Sundee M Teeple

          Joint Debtor(s):

          Michelle J. Calleros Represented By Sundee M Teeple

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:00 AM

          6:19-19422


          Eugenio Giuseppe Mannella


          Chapter 13


          #31.00 Confirmation of Chapter 13 Plan EH      

          Docket 0


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Eugenio Giuseppe Mannella Represented By Suzette Douglas

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:00 AM

          6:19-19436


          Isabel Cristina Bell Chaparro


          Chapter 13


          #32.00 Confirmation of Chapter 13 Plan EH      

          Docket 0


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Isabel Cristina Bell Chaparro Represented By Christopher Hewitt

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:00 AM

          6:19-19447


          Robert Wayne Stare


          Chapter 13


          #33.00 Confirmation of Chapter 13 Plan EH      

          Docket 0


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Robert Wayne Stare Represented By Gregory M Shanfeld

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:00 AM

          6:19-19464


          Lyle Faubion and Angela Faubion


          Chapter 13


          #34.00 Confirmation of Chapter 13 Plan EH      

          Docket 0


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Lyle Faubion Represented By

          Todd L Turoci

          Joint Debtor(s):

          Angela Faubion Represented By Todd L Turoci

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:00 AM

          6:19-19467


          Jihad Jundi


          Chapter 13


          #35.00 Confirmation of Chapter 13 Plan EH      

          Docket 0


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Jihad Jundi Represented By

          Kevin Tang

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:00 AM

          6:19-19470


          Katrina C Lambert


          Chapter 13


          #36.00 Confirmation of Chapter 13 Plan EH      

          Docket 0


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Katrina C Lambert Represented By David L Nelson

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:00 AM

          6:19-19480


          Christopher Lee Sawyer


          Chapter 13


          #37.00 Confirmation of Chapter 13 Plan EH      

          Docket 0

          *** VACATED *** REASON: CASE DISMISSED 1/10/20

          Tentative Ruling:

          - NONE LISTED -

          Party Information

          Debtor(s):

          Christopher Lee Sawyer Represented By

          C Scott Rudibaugh

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:00 AM

          6:19-19488


          Aron Christopher Wright


          Chapter 13


          #38.00 Confirmation of Chapter 13 Plan EH      

          Docket 0


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Aron Christopher Wright Represented By Tom A Moore

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:00 AM

          6:19-19517


          Doralene Conception Weitz


          Chapter 13


          #39.00 Confirmation of Chapter 13 Plan EH      

          Docket 0

          *** VACATED *** REASON: CASE DISMISSED 11/19/19

          Tentative Ruling:

          - NONE LISTED -

          Party Information

          Debtor(s):

          Doralene Conception Weitz Pro Se

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:00 AM

          6:19-19523


          Vickie Marie Charles


          Chapter 13


          #40.00 Confirmation of Chapter 13 Plan EH      

          Docket 0


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Vickie Marie Charles Represented By Jeffrey N Wishman

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:00 AM

          6:19-19534


          Wesley Michael Vance and Angela Lynn Vance


          Chapter 13


          #41.00 Confirmation of Chapter 13 Plan EH      

          Docket 0


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Wesley Michael Vance Represented By Edward G Topolski

          Joint Debtor(s):

          Angela Lynn Vance Represented By Edward G Topolski

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:00 AM

          6:19-19593


          Jose Antonio Mele and Victoria Isabel Mele


          Chapter 13


          #42.00 Confirmation of Chapter 13 Plan EH      

          Docket 0


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Jose Antonio Mele Represented By Chris A Mullen

          Joint Debtor(s):

          Victoria Isabel Mele Represented By Chris A Mullen

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:00 AM

          6:19-19605


          Javier Bricenio Lopez


          Chapter 13


          #43.00 Confirmation of Chapter 13 Plan EH      

          Docket 0

          *** VACATED *** REASON: CASE DISMISSED 11/19/19

          Tentative Ruling:

          - NONE LISTED -

          Party Information

          Debtor(s):

          Javier Bricenio Lopez Pro Se

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:00 AM

          6:19-19622


          Teri Michelle Ford


          Chapter 13


          #44.00 Confirmation of Chapter 13 Plan EH      

          Docket 0


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Teri Michelle Ford Represented By Gary S Saunders

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:00 AM

          6:19-19626


          Ava Maria Tumbarello


          Chapter 13


          #45.00 Confirmation of Chapter 13 Plan EH      

          Docket 0


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Ava Maria Tumbarello Represented By

          Ethan Kiwhan Chin

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:00 AM

          6:19-19662


          Alma Rosa Servin


          Chapter 13


          #46.00 Confirmation of Chapter 13 Plan EH      

          Docket 0


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Alma Rosa Servin Pro Se

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:00 AM

          6:19-19726


          Pedro Jimenez and Christine Jimenez


          Chapter 13


          #47.00 Confirmation of Chapter 13 Plan EH      

          Docket 0


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Pedro Jimenez Represented By Terrence Fantauzzi

          Joint Debtor(s):

          Christine Jimenez Represented By Terrence Fantauzzi

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:00 AM

          6:19-19747


          Craig Edward Williams and Norma Geneva Williams


          Chapter 13


          #48.00 Confirmation of Chapter 13 Plan EH      

          Docket 0


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Craig Edward Williams Represented By Julie J Villalobos

          Joint Debtor(s):

          Norma Geneva Williams Represented By Julie J Villalobos

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:01 AM

          6:14-15246


          David J Macias and Martha Macias


          Chapter 13


          #49.00 Trustee's Motion to Dismiss Case EH     

          Docket 84


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          David J Macias Represented By Marjorie M Johnson

          Joint Debtor(s):

          Martha Macias Represented By Marjorie M Johnson

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:01 AM

          6:14-22362


          James Lange and Michelle Lange


          Chapter 13


          #50.00 Trustee's Motion to Dismiss Case EH     

          Docket 191

          *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 1/15/20

          Tentative Ruling:

          - NONE LISTED -

          Party Information

          Debtor(s):

          James Lange Represented By

          Michael Smith Sundee M Teeple Craig K Streed

          Joint Debtor(s):

          Michelle Lange Represented By Michael Smith Sundee M Teeple Craig K Streed

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:01 AM

          6:14-24213


          Rula Nino


          Chapter 13


          #51.00 Trustee's Motion to Dismiss Case EH     

          Docket 127

          *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 12/26/19

          Tentative Ruling:

          - NONE LISTED -

          Party Information

          Debtor(s):

          Rula Nino Represented By

          Devin Sawdayi

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:01 AM

          6:14-24888


          Jesus Padilla Simental


          Chapter 13


          #52.00 CONT Trustee's Motion to Dismiss Case From: 8/19/19, 11/21/19

          EH     


          Docket 100


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Jesus Padilla Simental Represented By Bryn C Deb

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:01 AM

          6:15-19930


          Melinda Kay Allen


          Chapter 13


          #53.00 Trustee's Motion to Dismiss Case EH     

          Docket 99


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Melinda Kay Allen Represented By Steven A Alpert

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:01 AM

          6:16-15668


          Roger C Jefferson


          Chapter 13


          #54.00 CONT Trustee's Motion to Dismiss Case From: 12/19/19

          EH     


          Docket 148


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Roger C Jefferson Represented By Paul Y Lee

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:01 AM

          6:16-16523


          Zoraida Molina


          Chapter 13


          #55.00 Trustee's Motion to Dismiss Case EH     

          Docket 43

          *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 1/14/20

          Tentative Ruling:

          - NONE LISTED -

          Party Information

          Debtor(s):

          Zoraida Molina Represented By Samer A Nahas

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:01 AM

          6:17-11132


          Jose V Arredondo


          Chapter 13


          #56.00 Trustee's Motion to Dismiss Case EH     

          Docket 71


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Jose V Arredondo Represented By

          Benjamin A Yrungaray

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:01 AM

          6:17-13204


          Hector Miguel Ortiz and Virginia Romero Ortiz


          Chapter 13


          #57.00 Trustee's Motion to Dismiss Case EH     

          Docket 33


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Hector Miguel Ortiz Represented By

          Rabin J Pournazarian

          Joint Debtor(s):

          Virginia Romero Ortiz Represented By

          Rabin J Pournazarian

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:01 AM

          6:17-14292


          Lubna Shiraz Ahmed


          Chapter 13


          #58.00 Trustee's Motion to Dismiss Case EH     

          Docket 112


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Lubna Shiraz Ahmed Represented By Joshua L Sternberg

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:01 AM

          6:17-15893


          Joseph Manuel Ruiz and Shannon Elizabeth Ruiz


          Chapter 13


          #59.00 CONT Trustee's Motion to Dismiss Case From: 12/19/19

          EH     


          Docket 63

          *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 1/14/20

          Tentative Ruling:

          - NONE LISTED -

          Party Information

          Debtor(s):

          Joseph Manuel Ruiz Represented By April E Roberts

          Joint Debtor(s):

          Shannon Elizabeth Ruiz Represented By April E Roberts

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:01 AM

          6:17-17942


          Viorel Bucur


          Chapter 13


          #60.00 Trustee's Motion to Dismiss Case EH     

          Docket 100


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Viorel Bucur Represented By

          Michael Jay Berger

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:01 AM

          6:17-19027


          Jaime Villalobos and Jennifer Villalobos


          Chapter 13


          #61.00 Trustee's Motion to Dismiss Case EH     

          Docket 79


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Jaime Villalobos Represented By

          Rabin J Pournazarian

          Joint Debtor(s):

          Jennifer Villalobos Represented By

          Rabin J Pournazarian

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:01 AM

          6:17-20147


          Gilbert Richard Enriquez and Lisa Lynn Enriquez


          Chapter 13


          #62.00 Trustee's Motion to Dismiss Case EH     

          Docket 64


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Gilbert Richard Enriquez Represented By

          Raj T Wadhwani

          Joint Debtor(s):

          Lisa Lynn Enriquez Represented By

          Raj T Wadhwani

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:01 AM

          6:18-11432


          Armando Guzman


          Chapter 13


          #63.00 Trustee's Motion to Dismiss Case EH     

          Docket 56


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Armando Guzman Represented By Daniel King

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:01 AM

          6:18-13292


          Bernice Hernandez Antunez


          Chapter 13


          #64.00 Trustee's Motion to Dismiss Case EH     

          Docket 35


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Bernice Hernandez Antunez Represented By Daniel King

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:01 AM

          6:18-13481


          Rorye James Mosley, Sr.


          Chapter 13


          #65.00 CONT Trustee's Motion to Dismiss Case From: 1/9/20

          EH     


          Docket 69


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Rorye James Mosley Sr. Represented By Brian J Soo-Hoo

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:01 AM

          6:18-14868


          Michael J Soriano


          Chapter 13


          #66.00 Trustee's Motion to Dismiss Case EH     

          Docket 70


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Michael J Soriano Represented By Paul Y Lee

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:01 AM

          6:18-15026


          Joe R Garcia


          Chapter 13


          #67.00 Trustee's Motion to Dismiss Case EH         

          Docket 59


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Joe R Garcia Represented By

          Neil R Hedtke

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:01 AM

          6:18-17117


          Brandon Scott Jones and Lizette Rosita Jones


          Chapter 13


          #68.00 Trustee's Motion to Dismiss Case EH     

          Docket 27


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Brandon Scott Jones Represented By Todd L Turoci

          Joint Debtor(s):

          Lizette Rosita Jones Represented By Todd L Turoci

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:01 AM

          6:18-19376


          Matthew J Whyte and Laura M Whyte


          Chapter 13


          #69.00 Trustee's Motion to Dismiss Case EH         

          Docket 55


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Matthew J Whyte Represented By William J Howell

          Joint Debtor(s):

          Laura M Whyte Represented By William J Howell

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:01 AM

          6:19-10401


          Gail Nash


          Chapter 13


          #70.00 Trustee's Motion to Dismiss Case EH     

          Docket 37


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Gail Nash Represented By

          Edward T Weber

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:01 AM

          6:19-13500


          Joe A Pickens, II


          Chapter 13


          #71.00 CONT Trustee's Motion to Dismiss Case From: 12/19/19

          EH     


          Docket 38


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Joe A Pickens II Represented By William Radcliffe

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:01 AM

          6:19-14950


          Genaro Flores and Salome Flores


          Chapter 13


          #72.00 Trustee's Motion to Dismiss Case EH         

          Docket 44


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Genaro Flores Represented By Todd L Turoci

          Joint Debtor(s):

          Salome Flores Represented By Todd L Turoci

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:01 AM

          6:19-17148


          Guillermo Manzo and Cynthia Manzo


          Chapter 13


          #73.00 Trustee's Motion to Dismiss Case EH     

          Docket 25


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Guillermo Manzo Represented By Todd L Turoci

          Joint Debtor(s):

          Cynthia Manzo Represented By Todd L Turoci

          Trustee(s):

          Rod Danielson (TR) Pro Se

          9:30 AM

          6:17-20025


          Robert Lee Thompson, Jr.


          Chapter 7

          Adv#: 6:18-01052 Gutierrez v. Thompson, Jr et al


          #1.00 Trial RE: [19] Answer to Complaint and Affirmative Defenses to Complaint to Determine Dischargeability Pursuant to 11 U.S.C. §523(a)(6) and COUNTERCLAIM of Shatara Adrienne Thompson for Defamation, Counterclaim by Robert Lee Thompson Jr, Shatara Adrienne Thompson against Beatriz M Gutierrez (Lampl, Robert)


          Also #2 EH     

          Docket 19

          Party Information

          Debtor(s):

          Robert Lee Thompson Jr. Represented By Nicholas M Wajda

          Defendant(s):

          Robert Lee Thompson Jr Represented By Robert S Lampl

          Shatara Adrienne Thompson Represented By Robert S Lampl

          Joint Debtor(s):

          Shatara Adrienne Thompson Represented By Nicholas M Wajda

          Plaintiff(s):

          Beatriz M Gutierrez Pro Se

          Trustee(s):

          Karl T Anderson (TR) Pro Se

          9:30 AM

          6:17-20025


          Robert Lee Thompson, Jr.


          Chapter 7

          Adv#: 6:18-01052 Gutierrez v. Thompson, Jr et al


          #2.00 Trial RE: [1] Adversary case 6:18-ap-01052. Complaint by Beatriz M Gutierrez against Robert Lee Thompson Jr, Shatara Adrienne Thompson . willful and malicious injury))


          Also #1 EH     

          Docket 1

          Party Information

          Debtor(s):

          Robert Lee Thompson Jr. Represented By Nicholas M Wajda

          Defendant(s):

          Robert Lee Thompson Jr Represented By Robert S Lampl

          Shatara Adrienne Thompson Represented By Robert S Lampl

          Joint Debtor(s):

          Shatara Adrienne Thompson Represented By Nicholas M Wajda

          Plaintiff(s):

          Beatriz M Gutierrez Pro Se

          Trustee(s):

          Karl T Anderson (TR) Pro Se

          10:00 AM

          6:17-20025


          Robert Lee Thompson, Jr.


          Chapter 7

          Adv#: 6:18-01052 Gutierrez v. Thompson, Jr et al


          #1.00 CONT Trial RE: [19] Answer to Complaint and Affirmative Defenses to Complaint to Determine Dischargeability Pursuant to 11 U.S.C. §523(a)(6) and COUNTERCLAIM of Shatara Adrienne Thompson for Defamation, Counterclaim by Robert Lee Thompson Jr, Shatara Adrienne Thompson against Beatriz M Gutierrez (Lampl, Robert)


          From: 1/21/20 Also #2

          EH     


          Docket 19

          Party Information

          Debtor(s):

          Robert Lee Thompson Jr. Represented By Nicholas M Wajda

          Defendant(s):

          Robert Lee Thompson Jr Represented By Robert S Lampl

          Shatara Adrienne Thompson Represented By Robert S Lampl

          Joint Debtor(s):

          Shatara Adrienne Thompson Represented By Nicholas M Wajda

          Plaintiff(s):

          Beatriz M Gutierrez Pro Se

          10:00 AM

          CONT...

          Trustee(s):


          Robert Lee Thompson, Jr.


          Chapter 7

          Karl T Anderson (TR) Pro Se

          10:00 AM

          6:17-20025


          Robert Lee Thompson, Jr.


          Chapter 7

          Adv#: 6:18-01052 Gutierrez v. Thompson, Jr et al


          #2.00 CONT Trial RE: [1] Adversary case 6:18-ap-01052. Complaint by Beatriz M Gutierrez against Robert Lee Thompson Jr, Shatara Adrienne Thompson . willful and malicious injury))


          From: 1/21/20 Also #1

          EH     


          Docket 1

          Party Information

          Debtor(s):

          Robert Lee Thompson Jr. Represented By Nicholas M Wajda

          Defendant(s):

          Robert Lee Thompson Jr Represented By Robert S Lampl

          Shatara Adrienne Thompson Represented By Robert S Lampl

          Joint Debtor(s):

          Shatara Adrienne Thompson Represented By Nicholas M Wajda

          Plaintiff(s):

          Beatriz M Gutierrez Pro Se

          Trustee(s):

          Karl T Anderson (TR) Pro Se

          11:00 AM

          6:14-21192


          Eleazar Cordero


          Chapter 13


          #1.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 10195 Bolton Avenue, Montclair, California 91763


          MOVANT: SELECT PORTFOLIO SERVICING INC


          EH     


          Docket 66


          Tentative Ruling:

          1/28/2020


          Service: Proper Opposition: None


          The Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1). GRANT relief from § 1301(a) co-debtor stay. GRANT waiver of Rule 4001(a)(3) stay. GRANT requests under ¶¶ 2 and 3. DENY alternative request under ¶ 14 because it does not actually request any relief.


          APPERANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

          Party Information

          Debtor(s):

          Eleazar Cordero Represented By Dana Travis

          Movant(s):

          Select Portfolio Servicing Inc., as Represented By

          Gilbert R Yabes

          11:00 AM

          CONT...

          Trustee(s):


          Eleazar Cordero


          Chapter 13

          Rod Danielson (TR) Pro Se

          11:00 AM

          6:17-14469


          Mario Timothy Velasquez and Susan Lorraine Velasquez


          Chapter 13


          #2.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 109 West Rancho Road, Corona, California 92882


          MOVANT: BANK OF AMERICA NA


          From: 11/12/19, 12/10/19 EH         

          Docket 45

          Tentative Ruling: Tentative Ruling:

          11/12/19


          Service is Proper Opposition: Debtor


          Parties to discuss amount of arrears. Furthermore, parties to apprise the court on adequate protection discussions, if any.


          APPEARANCES REQUIRED.

          Party Information

          Debtor(s):

          Mario Timothy Velasquez Represented By Paul Y Lee

          Joint Debtor(s):

          Susan Lorraine Velasquez Represented By Paul Y Lee

          11:00 AM

          CONT...

          Movant(s):


          Mario Timothy Velasquez and Susan Lorraine Velasquez


          Chapter 13

          BANK OF AMERICA, N.A. Represented By Kelsey X Luu Gilbert R Yabes

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:00 AM

          6:18-20296


          Daniel Lee Crump


          Chapter 13


          #3.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 7152 Magnolia Place,Fontana, CA, 92336 Under 11 U.S.C. § 362.


          MOVANT: FREEDOM MORTGAGE CORPORATION


          From: 1/7/20 EH     

          Docket 62

          *** VACATED *** REASON: ORDER ENTERED 1/8/20

          Tentative Ruling:

          1/7/2020


          Service is Proper Opposition: Yes

          Parties to apprise Court of status of adequate protection discussions. APPEARANCES REQUIRED.

          Party Information

          Debtor(s):

          Daniel Lee Crump Represented By Nicholas M Wajda

          Movant(s):

          Freedom Mortgage Corporation Represented By

          Dane W Exnowski

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:00 AM

          6:18-20847


          Erica Raquel Zavaleta


          Chapter 13


          #4.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 33137 Leeward Way, Lake Elsinore, California 92530


          MOVANT: PARAMOUNT RESIDENTIAL MORTGAGE GROUP, INC.


          EH     


          Docket 41


          Tentative Ruling:

          1/28/2020


          Service: Proper Opposition: Yes


          The Court is inclined to GRANT relief from the 11 U.S.C. 1301(a) co-debtor stay, and approve the adequate protection stipulation filed January 27, 2020, as docket number 44.


          APPERANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

          Party Information

          Debtor(s):

          Erica Raquel Zavaleta Represented By William J Smyth Stephen S Smyth

          Movant(s):

          Paramount Residential Mortgage Represented By

          Robert P Zahradka

          11:00 AM

          CONT...

          Trustee(s):


          Erica Raquel Zavaleta


          Chapter 13

          Rod Danielson (TR) Pro Se

          11:00 AM

          6:19-10052


          Dwayne J. Williams and Dana S. Williams


          Chapter 13


          #5.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 8392 Saddle Creek Dr. Riverside, California 92509


          MOVANT: THE BANK OF NEW YORK MELLON


          EH     


          Docket 60


          Tentative Ruling:

          1/28/2020


          Service is Proper Opposition: Yes

          Parties to apprise the Court of the status of adequate protection discussions, if any. APPEARANCES REQUIRED.

          Party Information

          Debtor(s):

          Dwayne J. Williams Represented By Michael Jay Berger

          Joint Debtor(s):

          Dana S. Williams Represented By Michael Jay Berger

          Movant(s):

          The Bank of New York Mellon, et al Represented By

          Anna Landa

          Bonni S Mantovani Christopher Giacinto

          11:00 AM

          CONT...

          Trustee(s):


          Dwayne J. Williams and Dana S. Williams


          Chapter 13

          Rod Danielson (TR) Pro Se

          11:00 AM

          6:19-14843


          Rhonda Jan Kennedy


          Chapter 13


          #6.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1533 PALMA BONITA LN, PERRIS, CA 92571


          MOVANT: FLAGSTAR BANK, FSB


          EH     


          Docket 26


          Tentative Ruling:

          1/28/2020


          Service is Proper Opposition: None


          The Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1). GRANT relief from Rule 4001(a)(3) stay. GRANT request under ¶¶ 2 and 3. DENY alternative request for adequate protection as moot.


          APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

          Party Information

          Debtor(s):

          Rhonda Jan Kennedy Represented By Todd L Turoci

          Movant(s):

          Flagstar Bank, FSB Represented By Mark S Krause

          Erin M McCartney

          11:00 AM

          CONT...

          Trustee(s):


          Rhonda Jan Kennedy


          Chapter 13

          Rod Danielson (TR) Pro Se

          11:00 AM

          6:19-15353


          Donald Ray Levier, Jr. and Antoinette Marie Levier


          Chapter 13


          #7.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2016 Ford Explorer


          MOVANT: LBS FINANCIAL CREDIT UNION


          From: 1/14/20 EH     

          Docket 30

          *** VACATED *** REASON: ORDER ENTERED 1/21/20

          Tentative Ruling: Tentative Ruling:

          1/14/2020


          Service: Proper Opposition: Debtors


          Parties to update Court as to status of adequate protection discussions. APPEARANCES REQUIRED.


          Party Information

          Debtor(s):

          Donald Ray Levier Jr. Represented By

          D Justin Harelik

          Joint Debtor(s):

          Antoinette Marie Levier Represented By

          D Justin Harelik

          11:00 AM

          CONT...

          Movant(s):


          Donald Ray Levier, Jr. and Antoinette Marie Levier


          Chapter 13

          LBS Financial Credit Union Represented By Karel G Rocha

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:00 AM

          6:19-18187


          Harris Development


          Chapter 7


          #8.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: Real Property 3591,3569,3535 Tyco Drive,Riverside, CA 92501


          MOVANT: LOVE BUILDERS INC


          Also #9 EH     

          Docket 48


          Tentative Ruling:

          1/28/2020


          Service is Proper Opposition: Yes


          The instant motion contains an attachment to the relief requested which concisely summarizes the reason why Movant has requested relief from the automatic stay:


          The Movant herein, Love Builders, Inc., seeks relief from the automatic stay in order to file an action in non-bankruptcy court to perfect and enforce its mechanic’s lien recorded on March 21, 2019 as document number 2019-0095485 and 2019-0095482. Under non- bankruptcy law, an action to perfect or enforce or foreclose a mechanic’s lien must be filed within 90 days of the filing of the claim of mechanic’s lien. In this case, there was recorded on July 24, 2019 a notice of credit and/or lien extension pursuant to California Civil Code 8460(b). The extension extended the time to perfect the mechanic’s lien.


          Movant’s first argument is that the action it seeks to undertake is excepted from the automatic stay due to the operation of 11 U.S.C. § 362(b)(3). Section

          11:00 AM

          CONT...


          Harris Development


          Chapter 7

          362(b)(3) excepts from the automatic stay "any act to perfect, or to maintain or continue the perfection of, an interest in property to the extent that the trustee’s rights and powers are subject to such perfection under section 546(b) of this title or to the extent that such act is accomplished within the period provided under section 547(e)(2)(A) of this title."


          The issue with Movant’s argument is that the excerpted paragraph above indicates that Movant desires to file an action to "perfect and enforce its mechanic’s lien." (emphasis added). To the extent Movant simply wishes to perfect (or to continue the perfection of) its mechanics lien, the automatic stay would appear to be inapplicable. Movant has, however, also requested authority to enforce its mechanics lien, and the automatic stay does apply to such request.


          In support of its request for relief from the automatic stay, Movant points out that this Court has already granted relief from the automatic stay pursuant to § 362(d)(2) to the senior lienholder with regard to each of the subject real property parcels. While the senior lienholder has filed an opposition, which argues that Movant has failed to demonstrate the absence of equity or adequate protection, Movant’s reference to this Court’s orders entered December 17, 2019, is sufficient under the law of the case doctrine. See, e.g., Arizona v.

          California, 460 U.S. 605 (1983) (outlining law of the case doctrine).


          Based on the foregoing, the Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1) and (2). GRANT waiver of Rule 4001(a)(3) stay. DENY request under ¶ 4. DENY request under ¶ 14, as the attachment does not appear to request any additional relief.


          APPEARANCES REQUIRED.

          Party Information

          Debtor(s):

          Harris Development Represented By Kenneth D Sisco

          Movant(s):

          Love Builders Inc Represented By

          11:00 AM

          CONT...


          Trustee(s):


          Harris Development


          Fritz J Firman


          Chapter 7

          Todd A. Frealy (TR) Represented By Robert P Goe

          11:00 AM

          6:19-18187


          Harris Development


          Chapter 7


          #9.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: Real Property located at 3521, 3511,3508 Tyco Drive Riverside, CA 92501


          MOVANT: LOVE BUILDERS INC


          Also #8 EH     

          Docket 49


          Tentative Ruling:

          1/28/2020


          Service is Proper Opposition: Yes


          The instant motion contains an attachment to the relief requested which concisely summarizes the reason why Movant has requested relief from the automatic stay:


          The Movant herein, Love Builders, Inc., seeks relief from the automatic stay in order to file an action in non-bankruptcy court to perfect and enforce its mechanic’s lien recorded on March 21, 2019 as document number 2019-0095485 and 2019-0095482. Under non- bankruptcy law, an action to perfect or enforce or foreclose a mechanic’s lien must be filed within 90 days of the filing of the claim of mechanic’s lien. In this case, there was recorded on July 24, 2019 a notice of credit and/or lien extension pursuant to California Civil Code 8460(b). The extension extended the time to perfect the mechanic’s lien.


          Movant’s first argument is that the action it seeks to undertake is excepted from the automatic stay due to the operation of 11 U.S.C. § 362(b)(3). Section

          11:00 AM

          CONT...


          Harris Development


          Chapter 7

          362(b)(3) excepts from the automatic stay "any act to perfect, or to maintain or continue the perfection of, an interest in property to the extent that the trustee’s rights and powers are subject to such perfection under section 546(b) of this title or to the extent that such act is accomplished within the period provided under section 547(e)(2)(A) of this title."


          The issue with Movant’s argument is that the excerpted paragraph above indicates that Movant desires to file an action to "perfect and enforce its mechanic’s lien." (emphasis added). To the extent Movant simply wishes to perfect (or to continue the perfection of) its mechanics lien, the automatic stay would appear to be inapplicable. Movant has, however, also requested authority to enforce its mechanics lien, and the automatic stay does apply to such request.


          In support of its request for relief from the automatic stay, Movant points out that this Court has already granted relief from the automatic stay pursuant to § 362(d)(2) to the senior lienholder with regard to each of the subject real property parcels. While the senior lienholder has filed an opposition, which argues that Movant has failed to demonstrate the absence of equity or adequate protection, Movant’s reference to this Court’s orders entered December 17, 2019, is sufficient under the law of the case doctrine. See, e.g., Arizona v.

          California, 460 U.S. 605 (1983) (outlining law of the case doctrine).


          Based on the foregoing, the Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1) and (2). GRANT waiver of Rule 4001(a)(3) stay. DENY request under ¶ 4. DENY request under ¶ 14, as the attachment does not appear to request any additional relief.


          APPEARANCES REQUIRED.

          Party Information

          Debtor(s):

          Harris Development Represented By Kenneth D Sisco

          Movant(s):

          Love Builders Inc Represented By

          11:00 AM

          CONT...


          Trustee(s):


          Harris Development


          Fritz J Firman


          Chapter 7

          Todd A. Frealy (TR) Represented By Robert P Goe

          11:00 AM

          6:19-19357


          Gregory Johnson


          Chapter 7


          #10.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 5079 Granada Ct, Rancho Cucamonga, California 91737


          MOVANT: THE BANK OF NEW YORK MELLON


          EH     


          Docket 10


          Tentative Ruling:

          1/28/2020


          Service: Proper Opposition: None


          The Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1). GRANT waiver of Rule 4001(a)(3) stay. GRANT requests under ¶¶ 2 and 3.


          APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

          Party Information

          Debtor(s):

          Gregory Johnson Represented By Andrew Nguyen

          Movant(s):

          The Bank of New York Mellon FKA Represented By

          Kirsten Martinez

          Trustee(s):

          Todd A. Frealy (TR) Pro Se

          11:00 AM

          6:19-19436


          Isabel Cristina Bell Chaparro


          Chapter 13


          #11.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2017 VOLKSWAGEN BEETLE CONVERTIBLE


          MOVANT: VW CREDIT, INC


          EH     


          Docket 18


          Tentative Ruling:

          1/28/2020


          Service: Proper Opposition: None


          The Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1). GRANT waiver of Rule 4001(a)(3) stay. GRANT request under ¶ 2.


          APPERANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

          Party Information

          Debtor(s):

          Isabel Cristina Bell Chaparro Represented By Christopher Hewitt

          Movant(s):

          VW Credit, Inc. Represented By Austin P Nagel

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:00 AM

          6:19-20307


          Stuart Randall Jones


          Chapter 7


          #12.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2013 Cadillac ATS, VIN: 1G6AF5SX3D0169447


          MOVANT: AMERICREDIT FINANCIAL SERVICES, INC


          EH     


          Docket 11


          Tentative Ruling:

          1/28/20


          Service is Proper Opposition: None


          11 U.S.C. § 362(h)(1) provides:


          (h)(1) In a case in which the debtor is an individual, the stay provided by subsection (a) is terminated with respect to personal property of the estate or of the debtor securing in whole or in part a claim, or subject to an unexpired lease, and such personal property shall no longer be property of the estate if the debtor fails within the applicable time set by section 521(a)(2) –

          1. to file timely any statement of intention required under section 521(a)(2) with respect to such personal property or to indicate in such statement that the debtor will either surrender such personal property or retain it and, if retaining such personal property, either redeem such personal property pursuant to section 722, enter into an agreement of the kind specified in section 524(c) applicable to the debt secured by such personal property, or assume such unexpired lease pursuant to section 365(p) if the trustee does not do so, as

            11:00 AM

            CONT...


            Stuart Randall Jones

            applicable; and

          2. to take timely the action specified in such statement, as it may be amended before expiration of the period for taking action, unless such statement specifies the debtor’s intention to reaffirm such debt on the original contract terms and the creditor refuses to agree to the reaffirmation on such terms.


          Chapter 7


          (emphasis added). Here, Debtor’s statement of intention indicates that he will surrender the property. Pursuant to 11 U.S.C. § 521(a)(2)(B), the time to perform the intention indicated in the statement of intention is within thirty days of the date of the first meeting of creditors; in this case, that deadline was January 22, 2020. Therefore, either the automatic stay has terminated pursuant to § 362(h)(1)(B), due to Debtor’s failure to timely perform the action specified in the statement of intention, or the automatic stay has terminated due to § 362(c)(1), due to the subject property being surrendered and being no longer property of the estate. Therefore, the Court is inclined to DENY the motion as MOOT.


          APPEARANCES REQUIRED.

          Party Information

          Debtor(s):

          Stuart Randall Jones Represented By Kristin R Lamar

          Movant(s):

          AmeriCredit Financial Services, Inc. Represented By

          Sheryl K Ith

          Trustee(s):

          Charles W Daff (TR) Pro Se

          11:00 AM

          6:19-20447


          Richard Lee Dickerson


          Chapter 7


          #13.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2018 Yamaha YZ450F/ 2018 Yamaha TT-R110E


          MOVANT: YAMAHA MOTOR FINANCE CORP


          EH        


          Docket 8


          Tentative Ruling:

          1/28/2020


          Service: Proper Opposition: None


          The Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1) and (2). GRANT waiver of Rule 4001(a)(3) stay. GRANT requests under ¶ 2.


          APPERANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

          Party Information

          Debtor(s):

          Richard Lee Dickerson Represented By Nicholas M Wajda

          Movant(s):

          Yamaha Motor Finance Corp. Represented By Karel G Rocha

          Trustee(s):

          Karl T Anderson (TR) Pro Se

          11:00 AM

          6:19-20499


          Rosemary Garcia


          Chapter 13


          #14.00 Notice of Motion and Motion in Individual Case for Order Confirming Termination of Stay under 11 U.S.C. 362(j) or That No Stay is in Effect under 11 U.S.C.

          362(c)(4)(A)(ii) 68727 Aliso Road, Cathedral City, California 92234 . (Bach, Julian)


          MOVANT: CREATIVE INVESTMENT GROUP, INC


          EH     


          Docket 19


          Tentative Ruling:

          1/28/2020


          Service: Proper Opposition: None


          11 U.S.C. § 362(c)(3)(A) provides that


        3. if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding 1-year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under section 707(b) –

    (A) the stay under subsection (a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case;


    Here, Debtor had a previous case dismissed on November 25, 2019, for failure to file case commencement documents. As a result, the automatic stay in the instant case expired on December 25, 2019.

    Therefore, the Court will GRANT Movant’s request for confirmation

    11:00 AM

    CONT...


    Rosemary Garcia


    Chapter 13

    that the automatic stay is not in effect. Service being proper and no opposition having been filed, the Court is inclined to GRANT Movant’s request for relief from the § 1301(a) co-debtor stay.


    APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

    Party Information

    Debtor(s):

    Rosemary Garcia Represented By Kevin Tang

    Movant(s):

    Creative Investment Group, Inc. Represented By Julian K Bach

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:19-20629


    Gino Camilleri and Kristen Camilleri


    Chapter 13


    #15.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2010 Audi A5 Quattro, VIN WAULFAFR8AA065453


    MOVANT: SCHOOLSFIRST FEDERAL CREDIT UNION


    EH     


    Docket 13


    Tentative Ruling:

    1/28/2020


    Service: Proper Opposition: None


    The Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1). GRANT waiver of Rule 4001(a)(3) stay. GRANT request under ¶ 2.


    APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

    Party Information

    Debtor(s):

    Gino Camilleri Represented By Terrence Fantauzzi

    Joint Debtor(s):

    Kristen Camilleri Represented By Terrence Fantauzzi

    Movant(s):

    SCHOOLSFIRST FEDERAL Represented By Paul V Reza

    11:00 AM

    CONT...

    Trustee(s):


    Gino Camilleri and Kristen Camilleri


    Chapter 13

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:19-20792


    Earl Taylor


    Chapter 7


    #16.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 139 Bellini Way Palm Desert, California 92211


    MOVANT: CARRINGTON MORTGAGE SERVICES LLC


    EH     


    Docket 18


    Tentative Ruling:

    1/28/2020


    Service: Proper Opposition: None


    The Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1) and (2). GRANT waiver of Rule 4001(a)(3) stay. GRANT requests under ¶¶ 2 and 3.


    APPERANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

    Party Information

    Debtor(s):

    Earl Taylor Represented By

    Stephen L Burton

    Movant(s):

    Carrington Mortgage Services, LLC Represented By

    Diana Torres-Brito

    Trustee(s):

    Larry D Simons (TR) Pro Se

    11:00 AM

    6:19-21226


    Edwin Leonel Barco and Juana De Jesus Marin


    Chapter 13


    #17.00 Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate 17085 Grand Mammoth Pl Victorville, CA 92394


    MOVANT: EDWIN LEONEL BARCO & JUANA DE JESUS MARIN


    EH     


    Docket 9


    Tentative Ruling:

    1/28/20


    Service: Proper Opposition: None


    The Court having reviewed the motion, service appearing proper, good cause appearing, and noting the absence of any opposition, the Court is inclined to GRANT the motion, CONTINUING the automatic stay as to all creditors.


    APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

    Party Information

    Debtor(s):

    Edwin Leonel Barco Represented By Jaime A Cuevas Jr.

    Joint Debtor(s):

    Juana De Jesus Marin Represented By Jaime A Cuevas Jr.

    Movant(s):

    Edwin Leonel Barco Represented By

    11:00 AM

    CONT...


    Edwin Leonel Barco and Juana De Jesus Marin

    Jaime A Cuevas Jr. Jaime A Cuevas Jr. Jaime A Cuevas Jr.


    Chapter 13

    Juana De Jesus Marin Represented By Jaime A Cuevas Jr. Jaime A Cuevas Jr. Jaime A Cuevas Jr.

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:19-21230


    Ronnie Lee Minnifield


    Chapter 13


    #18.00 Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate 127 North 12th Avenue, Upland, CA 91786


    MOVANT: RONNIE LEE MINNIFIELD


    EH     


    Docket 14


    Tentative Ruling:

    1/28/2020


    Service: Proper Opposition: None


    This motion to continue the automatic stay asserts that this case was filed in good faith because "Debtor filed his prior Chapter 13 case in pro per and lacked sufficient expertise to complete the schedules resulting in dismissal." This is incorrect. Debtor’s previous case was not filed in pro per and the case was not dismissed for failure to file information. Instead, the case was dismissed for Debtor’s failure to tender pre- confirmation plan payments. Debtor’s motion containing material inaccuracies, and having failed to address the issues causing dismissal in the previous case, the Court is inclined to DENY the motion.


    APPEARANCES REQUIRED.

    Party Information

    Debtor(s):

    Ronnie Lee Minnifield Represented By Neil R Hedtke

    Movant(s):

    Ronnie Lee Minnifield Represented By Neil R Hedtke

    11:00 AM

    CONT...

    Trustee(s):


    Ronnie Lee Minnifield


    Chapter 13

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:20-10306


    Angelica Lomeli


    Chapter 13


    #19.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1450 N. Hargrave St, Banning 92220


    MOVANT: TRIDENT CAPITAL GROUP, LLC


    EH     


    Docket 4


    Tentative Ruling:

    1/28/2020


    Service: Proper Opposition: None


    The Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1). DENY request for relief from § 1301(a) co-debtor stay because the motion was not served on any co-debtor. GRANT waiver of Rule 4001(a)(3) stay. GRANT request under ¶ 2.


    APPEARANCES REQUIRED.

    Party Information

    Debtor(s):

    Angelica Lomeli Pro Se

    Movant(s):

    Trident Capital Group LLC Represented By William E Windham

    Trustee(s):

    Rod Danielson (TR) Pro Se

    2:00 PM

    6:18-10155


    Jose De Jesus Hernandez


    Chapter 11


    #20.00 CONT Order (1) Setting Scheduling Hearing And Case Management Conference And (2) Requiring Status Report


    From: 10/23/18, 11/27/18, 1/29/19, 3/5/19, 6/11/19, 8/20/19, 10/29/19


    Also #21 EH     

    Docket 96

    *** VACATED *** REASON: CONTINUED TO 2/4/20 AT 2:00 P.M.

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Jose De Jesus Hernandez Represented By

    Eric Bensamochan

    2:00 PM

    6:18-10155


    Jose De Jesus Hernandez


    Chapter 11


    #21.00 Approval of Second Amended Disclosure Statement Also #20

    EH     


    Docket 187

    *** VACATED *** REASON: CONTINUED TO 2/4/20 AT 2:00 P.M.

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Jose De Jesus Hernandez Represented By

    Eric Bensamochan

    2:00 PM

    6:18-12807


    G Hurtado Construction, Inc.


    Chapter 11


    #22.00 CONT Order (1) Setting Scheduling Hearing And Case Management Conference And (2) Requiring Status Report


    From: 5/8/18, 8/21/18, 9/11/18, 9/25/18, 10/30/18, 11/6/18, 12/18/18, 3/5/19, 3/26/19, 8/20/19, 10/29/19, 12/17/19


    EH     


    Docket 18


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    G Hurtado Construction, Inc. Represented By Michael Jones Sara Tidd

    2:00 PM

    6:19-13127


    Woodcrest Ace Hardware Inc.


    Chapter 11


    #23.00 (Jointly Administered - LEAD CASE)

    CONT Order (1) Setting Scheduling Hearing And Case Management Conference And (2) Requiring Status Report


    From: 5/21/19, 7/30/19, 10/29/19 Also #24 - #27

    EH     


    Docket 2


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Woodcrest Ace Hardware Inc. Represented By

    Robert B Rosenstein

    2:00 PM

    6:19-13127


    Woodcrest Ace Hardware Inc.


    Chapter 11


    #24.00 (Jointly Administered with Wildomar Ace Hardware Inc)

    CONT Order (1) Setting Scheduling Hearing And Case Management Conference And (2) Requiring Status Report


    From: 5/21/19, 7/30/19, 10/29/19 Also #23 - #27

    EH     


    Docket 2


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Woodcrest Ace Hardware Inc. Represented By

    Robert B Rosenstein

    2:00 PM

    6:19-13127


    Woodcrest Ace Hardware Inc.


    Chapter 11


    #25.00 (Jointly Administered with 9 Fingers Inc)

    CONT Order (1) Setting Scheduling Hearing And Case Management Conference And (2) Requiring Status Report


    From: 5/21/19, 7/30/19, 10/29/19 Also #23 - #27

    EH     


    Docket 2


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Woodcrest Ace Hardware Inc. Represented By

    Robert B Rosenstein

    2:00 PM

    6:19-13127


    Woodcrest Ace Hardware Inc.


    Chapter 11


    #26.00 (Jointly Administered with Riverside Ace Hardware Inc)

    CONT Order (1) Setting Scheduling Hearing And Case Management Conference And (2) Requiring Status Report


    From: 5/21/19, 7/30/19, 10/29/19 Also #23 - #27

    EH     


    Docket 2


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Woodcrest Ace Hardware Inc. Represented By

    Robert B Rosenstein

    2:00 PM

    6:19-13127


    Woodcrest Ace Hardware Inc.


    Chapter 11


    #27.00 (Jointly Administered with P&P Hardware Inc)

    CONT Order (1) Setting Scheduling Hearing And Case Management Conference And (2) Requiring Status Report


    From: 5/21/19, 7/30/19, 10/29/19 Also #23 - #26

    EH     


    Docket 2


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Woodcrest Ace Hardware Inc. Represented By

    Robert B Rosenstein

    10:00 AM

    6:19-17917


    William Lee Goebel


    Chapter 7


    #1.00 CONT Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation re 2016 Lexus RX350


    From: 1/8/20 EH     

    Docket 19


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    William Lee Goebel Represented By Richard J Hassen

    Trustee(s):

    Karl T Anderson (TR) Pro Se

    11:00 AM

    6:19-14650


    Blanca Flor Torres


    Chapter 7


    #2.00 Application for Compensation -- The Turoci Firm's Application for Payment of Final Fees and/or Expenses; Supplement and Declaration of Julie Philippi in Support Thereof with Exhibits 1-3 and Proof of Service for The Turoci Firm, Trustee's Attorney, Period: 8/5/2019 to 12/23/2019, Fee: $6348, Expenses:

    $281.36.


    EH     


    Docket 40

    Tentative Ruling: 1/29/2020

    BACKGROUND


    On May 30, 2019 ("Petition Date"), Blanca Flor Torres ("Debtor") filed for Chapter 7 voluntary petition. A short time later, Robert S. Whitmore ("Trustee") was appointed as the Chapter 7 Trustee.


    Pursuant to 11 U.S.C. §704(a)(4), the Trustee believed that Debtor transferred property prior to filing her bankruptcy. In order to recovery the transferred property and to adjudicate any legal matter, the Trustee filed a motion to employ The Turoci Firm ("Trustee’s Counsel"). The application was filed in accordance with 11 U.S.C. § 327(e) and Federal Rules of Bankruptcy Procedure Rule 2014. The Application was filed on August 22, 2019, and it was granted on September 11, 2019. The Court authorized the employment of Trustee’s Counsel effective as of July 31, 2019.


    The Trustee’s Counsel now applies for payment of final fees and expenses, asking the court for payment in fees in the amount of $6,348.00 and expenses in the amount of $281.36.


    DISCUSSION

    11:00 AM

    CONT...


    Blanca Flor Torres


    Chapter 7

    Pursuant to 11 U.S.C §330, the court may award a profession person employed under 11 U.S.C. §327, which considers an attorney a "professional person." In determining the amount of reasonable compensation to be awarded to a professional person, the Court shall consider the nature, the extent, and the value of such services, taking into account all relevant factors, including (1) the time spent on such services;

    1. the rates charged for such services; (3) whether the services were necessary to the administration, (4) whether the services were performed within a reasonable amount of time, (5) whether the person is board certified or otherwise had demonstrated skill and experience in the bankruptcy field, and (6) whether the compensation is reasonable based on the customary compensation charged by comparably skilled practitioners in cases other than cases under this title. 11 U.S.C. § 330(a)(3).


      1. Whether the Services Were Necessary


        The Trustee employed Turoci Firm because he believed that Debtor fraudulently transferred Property located at 1527 Fairwood Way, Upland, California 91786 (the "Property"). The Trustee’s Counsel, representing the Trustee, brought an adversary proceeding against Jose Gularte and Marjorie Gularte-Torres, the individuals the Trustee believed had received the Property. The Property was last valued at $575,000, representing a twenty-fold increase to the bankruptcy estate.

        Motion for Default Judgment at Ex. 5, Robert S. Whitmore v. Jose Gularte and Marjorie Gularte-Torres, No. 6:19-ap-01117-MH, ECF 11. With such a benefit to the estate, the necessity of the services rendered weigh in favor in the reasonableness of the compensation being asked for.


      2. The Time Spent on Such Service and the Reasonableness of When the Service was Performed


        Trustee’s Counsel spent a total of 21.50 hours of billable time. Dkt No. 40, Pg

        8. This is reasonable, considering the investigation of Debtor’s assets, preparing and recording a notice of pendency of action, and preparing and filing of the adversary compliant and corresponding pleadings. Id. Trustee’s Counsel also filed the adversary proceeding the day after the motion was granted employing them as the Trustee’s Counsel. Thus, these two factors weigh in favor of the reasonableness of the compensation being asked for.

        11:00 AM

        CONT...


        Blanca Flor Torres


        Chapter 7


      3. The Qualification of the Firm


        The Senior Associate Attorney that worked on adversary proceeding was board certified as specialist in the consumer bankruptcy law. Id. at 24. The law clerks who worked on this matter had a combined experience of nineteen years in the bankruptcy industry. This weigh in favor of the reasonableness of the compensation being asked for.


      4. Rates Charged for Such Service


        Billable Rates per professional:


        Professional

        Billable Hourly Rate

        Senior Associate Attorney

        $350

        Associate

        $250

        Law Clerk

        $195

        Senior Paralegal

        $195

        Paralegal

        $175


        The billable rates per the professional are reasonable compared to the customary compensation charged by comparably skilled practitioners in cases other than cases under this title. Furthermore, Trustee’s Counsel filed this application for payment in accordance with Local Bankruptcy Rule 2016-1.


        TENTATIVE RULING

        Opposition: None Service: Proper


        The applications for compensation of the Counsel for the Trustee has been set for hearing on the notice required by LBR 2016-1. Pursuant to the applications of the Trustee’s Counsel, the Court is inclined to ALLOW the following administrative expenses:

        11:00 AM

        CONT...


        Blanca Flor Torres


        Chapter 7

        Counsel Fees: $6,348.00

        Counsel Expenses: $281.36


        However, the Court will not authorize payment of fees outside of a final report and accounting to ensure there are sufficient funds to pay all administrative claims pro- rate.

        APPEARANCES REQUIRED.

        Party Information

        Debtor(s):

        Blanca Flor Torres Represented By Brian J Horan

        Movant(s):

        The Turoci Firm Represented By Todd L Turoci

        Trustee(s):

        Robert Whitmore (TR) Pro Se

        11:00 AM

        6:19-18084


        Ignacio Lenin Prado


        Chapter 7


        #3.00 Motion to Avoid Judicial Lien with Capital One Bank (USA), N.A. EH     

        Docket 14

        Tentative Ruling: 1/29/2020

        BACKGROUND


        On September 13, 2019 ("Petition Date"), Ignacio Lenin Prado ("Debtor") filed for Chapter 7 voluntary petition. In his Schedule A/B, Debtor listed his residential home at 12932 Clovis Ct, Hesperia Ca, 92344 (the "Property") with a market value of $301,000.00. In his Schedule C, Debtor claimed an exemption of

        $100,000 in said Property. Debtor then proceeded to list some creditors whom have a security interest in the Property.


        On December 25, 2019, Debtor filed a motion to avoid a judicial lien with Capital One Bank USA N.A. ("Capital One") because he alleges it impairs his exemption in the Property. Notice of motion was complied with 9013-1(0), and there was no opposition filed.


        DISCUSSION


        1. Exemptions


          11 U.S.C § 522 is the principal section governing exemptions. 11 U.S.C § 522(d) lists certain types of properties and the amount the Debtor can exempt for such type. However, States have the opportunity to prohibit their residence from choosing the exemption stated in that subsection. 11 U.S.C. § 522(b).


          California happens to be one of those States. States that opted-out of the federal exemption provided by 11 U.S.C § 522(d) can limit their residence to the

          11:00 AM

          CONT...


          Ignacio Lenin Prado


          Chapter 7

          exemptions available under applicable state and non-bankruptcy federal laws. 4 Collier on Bankruptcy ¶ 522.01 (Richard Levin & Henry J. Sommer eds., 16 ed.). California gives its residence one of two options for a homestead exemption: (1) a debtor may elect a set of exemptions under California Code of Civil Procedure § 703.140, including an homestead exemption of $24,060, or (2) claim the benefit of the homestead exemptions available to judgment debtors in California Code of Civil Procedure § 703.730, which provides three different amounts—$75,000, $100,000, and $175,000. In re Pladson, 35 F.3d 462, 464 (9th Cir. Ct. App. 1994).


          In this case, Debtor elected the homestead exemption under California Code of Civil Procedure 704.730 and chose the $100,000 homestead exemption amount. The Court may not refuse to honor the exemption absent a valid statutory basis for doing so. Law v. Siegel 134 S. Ct. 1188 (2014) (stating a valid statutory basis would be for 11 U.S.C §§§ 522(c), 522(o), 522(q)). It appears that the Court has no statutory basis to refuse the exemption.


          Furthermore, Pursuant to Federal Rule of Bankruptcy Procedure Rule 4003(d), a creditor has a thirty-day period to object to the motion by challenging the validity of the exemption. 4 Collier on Bankruptcy ¶ 522.05[2][b] (Richard Levin & Henry J. Sommer eds., 16 ed.). As of January 26, 2020, that thirty-day period has passed. Thus, the Debtor’s election of a $100,000-homestead exemption is valid. Taylor v. Freeland & Kronz, 503 U.S. 638 (1992) (stating that "unless a party in interest objects, the property claimed as exempt…is exempt.")


        2. Valuation of the Property


          In 11 U.S.C. § 522(a)(2), "‘value’ is defined as ‘fair market value’ as of the date of the filing of the petition’ unless the property does not enter the estate until after the petition has been filed, in which case the value is determined ‘as of the date such property become property of the estate." 4 Collier on Bankruptcy ¶ 522.03[2] (Richard Levin & Henry J. Sommer eds., 16 ed.). See also Bfp v. Resolution Trust Corp., 511 U.S. 531, 537 (1994).


          The Debtor provided a fair market valuation using the comparable-sales analysis dated in May of 2019. Dkt. No. 14, Ex 10. Courts have not come to a widely decided valuation to be used under 11 U.S.C. § 522. Furthermore, "the subsection

          11:00 AM

          CONT...


          Ignacio Lenin Prado


          Chapter 7

          makes it clear that valuation is to be determined in light of the purpose of the valuation and the proposed disposition or use of the subject property." In re Todd, 194

          B.R. 892 (Bankr. MT. 1996) (assessing a value of a home under 11 U.S.C. § 522(a) (2)). The Court finds that a comparable-sales analysis to determine the value of a home, which would be purchased to reside in, is fitting to determine the value of the Property to evaluate if a lien could be avoided under 11 U.S.C. § 522(f).


          In addition, the majority of courts have adopted the approach that the appropriate date for valuing a collateral of fixing a secured creditor’s claim is the confirmation date or a date close to confirmation. In re Dheming, 2013 Bankr. Lexis 1166 (Bankr. N.D. Cal. 2013). In this case, the comparable sales analysis was for May 2019, roughly five months before the petition date. Thus, the Court finds when the analysis was done to be appropriate. The properties used in the analysis appear to be comparable to the Property. Dkt. No. 14, Ex 10. Therefore, the Court finds that the valuation of $301,000.00 to be valid. Id.


        3. Lien Avoidance


    11. U.S.C § 522(f):


    "The debtor may avoid the fixing of a lien on an interest of the debtor in property to the extent that such lien impairs an exemption to which the debtor would have been entitled under subsection (b) of this section, if such lien is…(a) a judicial lien…"


    A judicial lien is a "lien obtained by judgment, levy, sequestration, or other legal or equitable process or proceedings." 11 U.S.C. § 101. Debtor provides evidence that a judgment was entered against him, and a lien was awarded to Capital One in the amount of $11,412.69. Dkt. No. 14, Pg. 8. The Debtor also provided the dates and amounts of when other liens encumbered the property, totaling $224,583.62. Dkt. No. 14, Ex. 1-8.


    It does not matter where the judicial lien is located on the lien hierarchy of the encumbered property. Owen v. Owen, 500 U.S. 305, 311 (1991). What is paramount is "whether the [judicial lien] impairs an exemption to which [the Debtor] would have been entitled to. Id. In this particular case, it does: all liens and the exemption,

    11:00 AM

    CONT...


    Ignacio Lenin Prado


    Chapter 7

    together, total $335,996.30. Thus, the Court has determined that the judicial lien in the amount of $11,412.69 awarded to Capital One impairs the Debtor’s homestead exemption because the lien at issue plus all other liens on the property and the amount of the exemption exceed the value of Debtor’s interest in the property. 11. U.S.C.§ 522(f)(2).


    TENTATIVE RULING

    Opposition: None Service: Proper


    As set forth above, the judicial lien of Capital One impairs the Debtor’s homestead exemption, and the Court GRANTS this motion, avoiding this lien in its entirety.


    APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


    Party Information

    Debtor(s):

    Ignacio Lenin Prado Represented By Edgar P Lombera

    Movant(s):

    Ignacio Lenin Prado Represented By Edgar P Lombera Edgar P Lombera Edgar P Lombera

    Trustee(s):

    Howard B Grobstein (TR) Pro Se

    2:00 PM

    6:08-14592


    Empire Land, LLC


    Chapter 7

    Adv#: 6:10-01329 DIAMOND v. Empire Partners, Inc., a California Corporation et


    #4.00 CONT Status Conference re complaint

    (Defendant - Empire Partners, Inc) HOLDING DATE


    From: 3/6/13, 6/5/13, 9/11/13, 11/13/13,12/18/13, 2/5/14, 3/12/14, 4/9/14, 4/16/14, 5/21/14, 8/27/14, 8/28/14, 9/10/14, 9/29/14, 11/10/14, 11/19/14,

    1/21/15, 1/28/15, 2/19/15, 3/24/15, 5/28/15, 6/23/15, 8/12/15, 9/18/15, 10/6/15,

    12/8/15, 1/20/16, 2/18/16, 3/23/16, 4/5/16, 4/13/16, 4/22/16, 6/6/16, 7/25/16,

    10/3/16, 11/14/16, 1/23/17, 2/27/17, 4/24/17, 6/26/17, 8/2/17, 10/25/17,

    11/27/17, 3/5/18, 6/11/18, 10/24/18, 12/5/18, 12/19/18, 1/16/19, 3/13/27,

    3/27/19, 5/8/19, 7/10/19, 9/18/19, 11/4/19


    EH        


    Docket 1

    *** VACATED *** REASON: ADVERSARY DISMISSED 1/15/20

    Tentative Ruling:

    Party Information

    Debtor(s):

    Empire Land, LLC Represented By James Stang Robert M Saunders

    Michael I. Gottfried

    ------ O'melveny & Myers Dean A Ziehl

    Jonathan A Loeb P Sabin Willett

    Richard K Diamond (TR) Jeffrey Rosenfeld

    Defendant(s):

    Empire Partners, Inc., a California Represented By

    2:00 PM

    CONT...


    Empire Land, LLC


    Jonathan A Loeb Jeffrey Rosenfeld


    Chapter 7

    James P Previti Represented By Jonathan A Loeb Jeffrey Rosenfeld

    Previti Realty Fund, L.P. Represented By Jonathan A Loeb Jeffrey Rosenfeld

    The James Previti Family Trust Represented By Jonathan A Loeb Jeffrey Rosenfeld

    Plaintiff(s):

    RICHARD K DIAMOND Represented By

    Richard S Berger - SUSPENDED - Michael I. Gottfried

    Aleksandra Zimonjic Monica Rieder

    John P. Reitman Peter M Bransten Cynthia M Cohen Roye Zur Alexander J Suarez

    Trustee(s):

    Richard K Diamond (TR) Represented By Michael I. Gottfried

    Richard S Berger - SUSPENDED - Rodger M. Landau

    Richard K Diamond Peter M Bransten Aleksandra Zimonjic Lisa N Nobles

    Peter J. Gurfein Paul Hastings

    2:00 PM

    CONT...


    Empire Land, LLC


    Roye Zur Amy Evans

    Best Best & Krieger Franklin C Adams


    Chapter 7

    2:00 PM

    6:08-14592


    Empire Land, LLC


    Chapter 7

    Adv#: 6:09-01235 DIAMOND v. Empire Partners, Inc., a California Corporation et


    #5.00 CONT Status Conference re complaint

    HOLDING DATE


    From: 3/6/13, 6/5/13, 9/11/13, 11/13/13,12/18/13, 2/5/14, 3/12/14, 4/9/14, 4/16/14, 5/21/14, 8/27/14, 8/28/14, 9/10/14, 9/29/14, 11/10/14, 11/19/14,

    1/21/15, 1/28/15, 2/19/15, 3/24/15, 5/28/15, 6/23/15, 8/12/15, 9/18/15, 10/6/15,

    12/8/15, 1/20/16, 2/18/16, 3/23/16, 4/5/16, 4/13/16, 4/22/16, 6/6/16, 7/25/16,

    10/3/16, 11/14/16, 1/23/17, 2/27/17, 4/24/17, 6/26/17, 8/2/17, 10/25/17,

    11/27/17, 3/5/18, 6/11/18, 10/24/18, 12/5/18, 12/19/18, 1/16/19, 3/13/19,

    3/27/19, 5/8/19, 7/10/19, 9/18/19, 11/4/19


    EH        


    Docket 1

    *** VACATED *** REASON: ADVERSARY DISMISSED 1/15/20

    Tentative Ruling:

    Party Information

    Debtor(s):

    Empire Land, LLC Represented By James Stang Robert M Saunders

    Michael I. Gottfried

    ------ O'melveny & Myers Dean A Ziehl

    Jonathan A Loeb P Sabin Willett

    Richard K Diamond (TR) Jeffrey Rosenfeld

    Defendant(s):

    Empire Partners, Inc., a California Represented By

    2:00 PM

    CONT...


    Empire Land, LLC


    David Loughnot Jonathan A Loeb Jeffrey Rosenfeld


    Chapter 7

    DOES 1 through 100, inclusive Pro Se

    Plaintiff(s):

    RICHARD K. DIAMOND Represented By

    Richard S Berger - SUSPENDED - Michael I. Gottfried

    Aleksandra Zimonjic Monica Rieder

    John P. Reitman Peter M Bransten Cynthia M Cohen Roye Zur Alexander J Suarez

    Trustee(s):

    Richard K Diamond (TR) Represented By Michael I. Gottfried

    Richard S Berger - SUSPENDED - Rodger M. Landau

    Richard K Diamond Peter M Bransten Aleksandra Zimonjic Lisa N Nobles

    Peter J. Gurfein Paul Hastings Roye Zur

    Amy Evans

    Best Best & Krieger Franklin C Adams

    2:00 PM

    6:08-14592


    Empire Land, LLC


    Chapter 7

    Adv#: 6:10-01319 DIAMOND v. Empire Partners, Inc., a California Corporation et


    #6.00 CONT Status Conference re complaint

    HOLDING DATE


    From: 3/6/13, 6/5/13, 9/11/13, 11/13/13,12/18/13, 2/5/14, 3/12/14, 4/9/14, 4/16/14, 5/21/14, 8/27/14, 8/28/14, 9/10/14, 9/29/14, 11/10/14, 11/19/14,

    01/21/15, 1/28/15, 2/19/15, 3/24/15, 5/28/15, 6/23/15, 8/12/15, 9/18/15, 10/6/15,

    12/8/15, 1/20/16, 2/18/16, 3/23/16, 4/5/16, 4/13/16, 4/22/16, 6/6/16, 7/25/16,

    10/3/16, 11/14/16, 1/23/17, 2/27/17, 4/24/17, 6/26/17, 8/2/17, 10/25/17,

    11/27/17, 3/5/18, 6/11/18, 10/24/18, 12/5/18, 12/19/18, 1/16/19, 3/27/19,

    3/27/19, 5/8/19, 7/10/19, Advanced From: 9/18/19, 9/10/19, 11/4/19 EH        

    Docket 1

    *** VACATED *** REASON: ADVERSARY DISMISSED 1/15/20

    Tentative Ruling:

    Party Information

    Debtor(s):

    Empire Land, LLC Represented By James Stang Robert M Saunders

    Michael I. Gottfried

    ------ O'melveny & Myers Dean A Ziehl

    Jonathan A Loeb P Sabin Willett

    Richard K Diamond (TR) Jeffrey Rosenfeld

    Defendant(s):

    Empire Partners, Inc., a California Represented By

    2:00 PM

    CONT...


    Empire Land, LLC


    Jonathan A Loeb Jeffrey Rosenfeld P Sabin Willett


    Chapter 7

    James P Previti Represented By Jonathan A Loeb Jeffrey Rosenfeld P Sabin Willett

    Larry Day Represented By

    Jonathan A Loeb Jeffrey Rosenfeld P Sabin Willett

    Neil M Miller Represented By

    Jonathan A Loeb Jeffrey Rosenfeld P Sabin Willett

    Paul Roman Represented By

    Jonathan A Loeb Jeffrey Rosenfeld P Sabin Willett

    O'Melveny & Myers, LLP Represented By Howard Steinberg P Sabin Willett

    Peter T. Healy Represented By Howard Steinberg P Sabin Willett

    Plaintiff(s):

    RICHARD K DIAMOND Represented By

    Richard S Berger - SUSPENDED - Peter M Bransten

    Michael I. Gottfried Aleksandra Zimonjic Monica Rieder

    2:00 PM

    CONT...


    Trustee(s):


    Empire Land, LLC


    Cynthia M Cohen Roye Zur Alexander J Suarez


    Chapter 7

    Richard K Diamond (TR) Represented By Michael I. Gottfried

    Richard S Berger - SUSPENDED - Rodger M. Landau

    Richard K Diamond Peter M Bransten Aleksandra Zimonjic Lisa N Nobles

    Peter J. Gurfein Paul Hastings Roye Zur

    Amy Evans

    Best Best & Krieger Franklin C Adams

    2:00 PM

    6:13-16964


    Narinder Sangha


    Chapter 7

    Adv#: 6:13-01171 Schrader v. Sangha


    #7.00 CONT Status Conference RE: [1] Adversary case 6:13-ap-01171. Complaint by Charles Edward Schrader against Narinder Sangha . willful and malicious injury))


    From: 4/17/19, 5/22/19, 8/28/19, 11/6/19 EH     

    Docket 1

    *** VACATED *** REASON: CONTINUED TO 3/4/20 AT 2:00 P.M.

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Narinder Sangha Represented By Deepalie M Joshi

    Defendant(s):

    Narinder Sangha Represented By Deepalie M Joshi Charity J Manee

    Plaintiff(s):

    Charles Edward Schrader Pro Se

    Trustee(s):

    Karl T Anderson (TR) Pro Se

    2:00 PM

    6:18-10939


    Vance Zachary Johnson


    Chapter 7

    Adv#: 6:18-01106 Bankers Healthcare Group, LLC v. Johnson


    #8.00 CONT Status Conference RE: [1] Adversary case 6:18-ap-01106. Complaint by Bankers Healthcare Group, LLC against Vance Zachary Johnson. 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))


    From: 7/10/18, 2/20/19, 4/24/19, 7/3/19, 7/17/19, 8/21/19, 11/20/19


    EH         


    Docket 1

    *** VACATED *** REASON: CONTINUED TO 3/25/20 AT 2:00 P.M.

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Vance Zachary Johnson Represented By Robert P Goe

    Defendant(s):

    Vance Zachary Johnson Represented By Robert P Goe Stephen Reider

    Plaintiff(s):

    Bankers Healthcare Group, LLC Represented By

    Todd L Turoci

    Trustee(s):

    Todd A. Frealy (TR) Represented By Monica Y Kim

    2:00 PM

    6:19-21230


    Ronnie Lee Minnifield


    Chapter 13


    #8.10 CONT Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate 127 North 12th Avenue, Upland, CA 91786


    MOVANT: RONNIE LEE MINNIFIELD


    From: 1/28/20 EH     

    Docket 14


    Tentative Ruling:

    1/28/2020


    Service: Proper Opposition: None


    This motion to continue the automatic stay asserts that this case was filed in good faith because "Debtor filed his prior Chapter 13 case in pro per and lacked sufficient expertise to complete the schedules resulting in dismissal." This is incorrect. Debtor’s previous case was not filed in pro per and the case was not dismissed for failure to file information. Instead, the case was dismissed for Debtor’s failure to tender pre- confirmation plan payments. Debtor’s motion containing material inaccuracies, and having failed to address the issues causing dismissal in the previous case, the Court is inclined to DENY the motion.


    APPEARANCES REQUIRED.

    Party Information

    Debtor(s):

    Ronnie Lee Minnifield Represented By Neil R Hedtke

    2:00 PM

    CONT...

    Movant(s):


    Ronnie Lee Minnifield


    Chapter 13

    Ronnie Lee Minnifield Represented By Neil R Hedtke

    Trustee(s):

    Rod Danielson (TR) Pro Se

    2:00 PM

    6:19-17393


    Gabriel Perez


    Chapter 7

    Adv#: 6:19-01163 O'Neil et al v. Perez et al


    #9.00 Status Conference RE: [1] Adversary case 6:19-ap-01163. Complaint by Michael O'Neil, Al Karlson, Dixie Karlson against Gabriel Perez, Janyn Perez. 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)) (McGuire, Edmond)


    EH     


    Docket 1


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Gabriel Perez Represented By Glen J Biondi

    Defendant(s):

    Gabriel Perez Represented By Glen J Biondi

    Janyn Perez Represented By

    Glen J Biondi

    Joint Debtor(s):

    Janyn Perez Represented By

    Glen J Biondi

    Plaintiff(s):

    Michael O'Neil Represented By

    Edmond Richard McGuire

    Al Karlson Represented By

    2:00 PM

    CONT...


    Gabriel Perez


    Edmond Richard McGuire


    Chapter 7

    Dixie Karlson Represented By

    Edmond Richard McGuire

    Trustee(s):

    Steven M Speier (TR) Pro Se

    2:00 PM

    6:13-27611


    Douglas Jay Roger


    Chapter 7

    Adv#: 6:14-01248 Revere Financial Corporation, a California corpora v. Roger, MD


    #10.00 CONT Status Conference RE: Amended Complaint (First) by Revere Financial Corporation and Jerry Wang, as State-Court Appointed Receiver by Franklin R Fraley Jr on behalf of Revere Financial Corporation, a California corporation against Revere Financial Corporation, a California corporation. (Attachments: # 1 Exhibit 1-8)


    From: 4/25/18, 6/13/18, 8/22/18, 10/31/18, 7/31/19, 9/11/19, 11/20/19


    EH     


    Docket 82


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Douglas Jay Roger Represented By Summer M Shaw Marc C Forsythe

    Defendant(s):

    Douglas J Roger MD Represented By Summer M Shaw Thomas J Eastmond Marc C Forsythe

    Plaintiff(s):

    Revere Financial Corporation, a Represented By Franklin R Fraley Jr

    Jerry Wang Represented By

    Franklin R Fraley Jr Anthony J Napolitano

    2:00 PM

    CONT...

    Trustee(s):


    Douglas Jay Roger


    Chapter 7

    Helen R. Frazer (TR) Represented By Arjun Sivakumar Carmela Pagay

    Franklin R Fraley Jr

    2:00 PM

    6:13-27611


    Douglas Jay Roger


    Chapter 7

    Adv#: 6:16-01163 Revere Financial Corporation v. Burns


    #11.00 CONT Status Conference RE: [1] Adversary case 6:16-ap-01163. Complaint by Revere Financial Corporation against Don C. Burns. (12 (Recovery of money/property - 547 preference)),(11 (Recovery of money/property - 542 turnover of property)),(14 (Recovery of money/property - other)),(91 (Declaratory judgment)


    From: 8/31/16, 11/2/16, 1/11/17, 3/8/17, 6/7/17, 8/2/17, 8/23/17, 11/8/17, 1/31/18, 4/25/18, 2/27/18, 6/12/19


    Also #12 EH     

    Docket 1

    *** VACATED *** REASON: PRE-TRIAL SET 5/27/20 AT 2:00 P.M.

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Douglas Jay Roger Represented By Summer M Shaw Marc C Forsythe

    Defendant(s):

    Don Cameron Burns Represented By Don C Burns

    Plaintiff(s):

    Revere Financial Corporation Represented By Franklin R Fraley Jr

    Trustee(s):

    Helen R. Frazer (TR) Represented By

    2:00 PM

    CONT...


    Douglas Jay Roger


    Arjun Sivakumar Carmela Pagay Franklin R Fraley Jr


    Chapter 7

    2:00 PM

    6:13-27611


    Douglas Jay Roger


    Chapter 7

    Adv#: 6:16-01163 Revere Financial Corporation v. Burns


    #12.00 Pre-Trial Conference RE: [1] Adversary case 6:16-ap-01163. Complaint by Revere Financial Corporation against Don C. Burns. (12 (Recovery of money/property - 547 preference)),(11 (Recovery of money/property - 542 turnover of property)),(14 (Recovery of money/property - other)),(91 (Declaratory judgment))(Fraley, Franklin)


    Also #11 EH     

    Docket 1

    *** VACATED *** REASON: CONTINUED TO 5/27/20 AT 2:00 P.M.

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Douglas Jay Roger Represented By Summer M Shaw Marc C Forsythe

    Defendant(s):

    Don Cameron Burns Represented By Don C Burns

    Plaintiff(s):

    Revere Financial Corporation Represented By Franklin R Fraley Jr

    Trustee(s):

    Helen R. Frazer (TR) Represented By Arjun Sivakumar Carmela Pagay

    2:00 PM

    CONT...


    Douglas Jay Roger


    Franklin R Fraley Jr


    Chapter 7

    2:00 PM

    6:13-27611


    Douglas Jay Roger


    Chapter 7


    #13.00 CONT Objection to Claim #17 by Revere Financial Corporation

    (Holding date)


    From: 10/1/14, 11/5/14, 12/3/14, 12/15/14, 1/28/15, 4/15/15, 7/22/15, 9/23/15, 10/21/15, 11/18/15, 12/16/15, 1/13/16, 3/2/16, 5/4/16, 6/1/16, 9/28/16, 11/16/16,

    2/1/17, 2/16/17, 5/3/17, 6/14/17, 6/28/17, 9/20/17, 3/21/18, 6/27/18, 12/19/18,

    3/27/19, 5/8/19, 6/12/19, 7/31/19


    EH        


    Docket 333

    Tentative Ruling:

    Party Information

    Debtor(s):

    Douglas Jay Roger Represented By Summer M Shaw Marc C Forsythe

    Trustee(s):

    Helen R. Frazer (TR) Represented By Arjun Sivakumar Carmela Pagay

    Franklin R Fraley Jr

    2:00 PM

    6:13-27344


    Douglas J Roger, MD, Inc., A Professional Corporat


    Chapter 7

    Adv#: 6:15-01307 Revere Financial Corporation v. OIC MEDICAL CORPORATION, a


    #14.00 CONT Status Conference RE: [1] Adversary case 6:15-ap-01307. Complaint by

    A. Cisneros against OIC MEDICAL CORPORATION, a California corporation, LIBERTY ORTHOPEDIC CORPORATION, a California corporation, UNIVERSAL ORTHOPAEDIC GROUP, a California corporation. (Charge To Estate $350). for Avoidance, Recovery, and Preservation of Preferential and Fraudulent Transfers (with Adversary Proceeding Cover Sheet) Nature of Suit: (12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other))


    From: 12/30/15, 2/24/16, 4/13/16, 6/22/16, 8/24/16, 11/2/16, 2/1/17, 3/8/17, 7/12/17, 9/13/17, 11/15/17, 2/14/18, 5/16/18, 7/25/18, 8/22/18, 10/31/18,

    11/14/18, 12/12/18, 12/19/18, 3/27/19, 6/12/19, 7/31/19, Advanced 3/4/20,

    11/20/19


    EH     


    Docket 1


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Douglas J Roger, MD, Inc., A Represented By Summer M Shaw Michael S Kogan George Hanover

    Defendant(s):

    OIC MEDICAL CORPORATION, a Represented By

    Misty A Perry Isaacson

    LIBERTY ORTHOPEDIC Represented By

    2:00 PM

    CONT...


    Douglas J Roger, MD, Inc., A Professional Corporat

    Misty Perry Isaacson Misty A Perry Isaacson


    Chapter 7

    UNIVERSAL ORTHOPAEDIC Represented By

    Misty Perry Isaacson Misty A Perry Isaacson

    Plaintiff(s):

    Revere Financial Corporation Represented By Franklin R Fraley Jr

    Trustee(s):

    Arturo Cisneros (TR) Represented By Chad V Haes

    D Edward Hays Franklin R Fraley Jr

    2:00 PM

    6:13-27344


    Douglas J Roger, MD, Inc., A Professional Corporat


    Chapter 7

    Adv#: 6:15-01308 Revere Financial Corporation v. BWI CONSULTING, LLC et al


    #15.00 CONT Status Conference RE: [1] Adversary case 6:15-ap-01308. Complaint by

    A. Cisneros against BWI CONSULTING, LLC, Black and White, Inc., BLACK AND WHITE BILLING COMPANY, BLACK AND WHITE INK, MEHRAN DEVELOPMENT CORPORATION. (Charge To Estate $350). for Avoidance, Recovery, and Preservation of Preferential and Fraudulent Transfers (with Adversary Proceeding Cover Sheet) Nature of Suit: (12 (Recovery of money/property - 547 preference)),(14 (Recovery of money/property - other))


    From: 1/13/16, 3/23/16, 5/25/16, 7/27/16, 8/31/16, 11/2/16, 2/1/17, 5/3/17, 9/13/17, 12/13/17, 2/14/18, 5/16/18, 6/11/18, 8/22/18, 11/28/18, 2/27/19,

    5/29/19, 8/28/19, 11/20/19


    EH     


    Docket 1


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Douglas J Roger, MD, Inc., A Represented By Summer M Shaw Michael S Kogan George Hanover

    Defendant(s):

    BWI CONSULTING, LLC Pro Se

    Black and White, Inc. Pro Se

    BLACK AND WHITE BILLING Pro Se

    BLACK AND WHITE INK Pro Se

    MEHRAN DEVELOPMENT Pro Se

    2:00 PM

    CONT...


    Douglas J Roger, MD, Inc., A Professional Corporat


    Chapter 7

    Plaintiff(s):

    Revere Financial Corporation Represented By Franklin R Fraley Jr

    Trustee(s):

    Arturo Cisneros (TR) Represented By Chad V Haes

    D Edward Hays Franklin R Fraley Jr

    2:00 PM

    6:13-27344


    Douglas J Roger, MD, Inc., A Professional Corporat


    Chapter 7

    Adv#: 6:15-01303 Revere Financial Corporation v. AMERICAN EXPRESS


    #16.00 CONT Status Conference RE: [1] Adversary case 6:15-ap-01303. Complaint by

    1. Cisneros against AMERICAN EXPRESS. (Charge To Estate $350). For Avoidance, Recovery, and Preservation of Preferential and Fraudulent Transfers (with Adversary Proceeding Cover Sheet) Nature of Suit: (12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other))


      From: 12/30/15, 1/13/16, 3/23/16, 5/25/16, 6/29/16, 8/31/16, 11/2/16, 2/1/17, 5/3/17 9/13/17, 12/13/17, 2/14/18, 5/16/18, 6/11/18, 8/22/18, 11/28/18, 2/27/19,

      5/29/19, 8/28/19, 11/20/19


      EH     


      Docket 1

      *** VACATED *** REASON: ADVERSARY DISMISSED 1/28/20

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Douglas J Roger, MD, Inc., A Represented By Summer M Shaw Michael S Kogan George Hanover

      Defendant(s):

      AMERICAN EXPRESS Represented By Robert S Lampl Chad V Haes

      Plaintiff(s):

      Revere Financial Corporation Represented By Franklin R Fraley Jr

      2:00 PM

      CONT...

      Trustee(s):


      Douglas J Roger, MD, Inc., A Professional Corporat


      Chapter 7

      Arturo Cisneros (TR) Represented By Chad V Haes

      D Edward Hays Franklin R Fraley Jr

      2:00 PM

      6:18-20247


      Stephen Lynn Overmyer


      Chapter 7

      Adv#: 6:19-01039 McCune v. Overmyer


      #17.00 Order to show cause why James A. Rainboldt and Gordon Dayton should not be held in contempt of court


      EH     


      Docket 25


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Stephen Lynn Overmyer Represented By Gordon L Dayton

      Defendant(s):

      Stephen Overmyer Represented By Gordon L Dayton

      Plaintiff(s):

    2. Lynn McCune Represented By James A Rainboldt

    Trustee(s):

    Howard B Grobstein (TR) Pro Se

    11:00 AM

    6:10-20626


    Irma Cantu


    Chapter 13

    Adv#: 6:17-01057 Cantu v. Ocwen Loan Servicing, LLC et al


    #1.00 CONT Status Conference RE: [1] Adversary case 6:17-ap-01057. Complaint by Irma Cantu against Ocwen Loan Servicing, LLC. (Fee Not Required). Nature of Suit: (21 (Validity, priority or extent of lien or other interest in property)),(65 (Dischargeability - other)),(72 (Injunctive relief - other)) (Cravens, Leonard)


    From: 11/15/18, 6/6/19, 10/18/19, 12/19/19


    EH     


    Docket 1


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Irma Cantu Represented By

    Leonard J Cravens

    Defendant(s):

    Ocwen Loan Servicing, LLC Represented By Adam N Barasch

    Ocwen Loan Servicing, LLC Represented By Adam N Barasch

    Plaintiff(s):

    Irma Cantu Represented By

    Leonard J Cravens

    Trustee(s):

    Rod (MJ) Danielson (TR) Pro Se

    11:00 AM

    6:18-20308


    Joseph Liebgott, IV and Robby Jean Harrison


    Chapter 13


    #1.10 Amended Application for Supplemental Attorney Fees regarding representation on Motion to Continue the Automatic Stay (Court Docket No.: 9) for John F Brady, Debtor's Attorney, Period: 12/12/2018 to 12/20/2018, Fee: $825.00, Expenses: $290.61.


    Also #1.2 EH     

    Docket 52


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Joseph Liebgott IV Represented By John F Brady

    Joint Debtor(s):

    Robby Jean Harrison Represented By John F Brady

    Movant(s):

    Joseph Liebgott IV Represented By John F Brady

    Robby Jean Harrison Represented By John F Brady

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:18-20308


    Joseph Liebgott, IV and Robby Jean Harrison


    Chapter 13


    #1.20 Trustee's Motion to Dismiss Case Also #1.1

    EH     


    Docket 68


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Joseph Liebgott IV Represented By John F Brady

    Joint Debtor(s):

    Robby Jean Harrison Represented By John F Brady

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:16-20926


    Mario Mondragon


    Chapter 13


    #2.00 Motion for Authority to Refinance Real Property (Ch 13) EH     

    Docket 65

    Tentative Ruling:

    1/30/20


    BACKGROUND:


    On December 14, 2016 ("Petition Date"), Mario Mondragon ("Debtor") filed for Chapter 13 voluntary petition. On his "Schedule A/B: Property," Debtor stated he owned a vacant lot located at APN 322-060-012 Perris, CA 92570 ("Vacant Lot").

    Dkt. No. 1, Pg. 11. Albert Nakama was named as the creditor whose claim was secured by the Vacant Lot.


    On the same day, Debtor submitted his Chapter 13 plan:



    The plan was confirmed March 9, 2017. Dkt. No. 17. There were no significant changes to the plan other. Id.


    On August 15, 2018, Debtor, through his counsel, filed a motion for the authority to refinance the Vacant Lot to pay Albert Nakama and construct a home, which Debtor planned to reside in, on the Vacant Lot. Dkt. No. 45, Declaration of Mario Mondragon. The proposed loan had these terms:

    11:00 AM

    CONT...


    Mario Mondragon


    Chapter 13

    Interest Rate

    11.00%

    Monthly Payment

    $1,833.33 (interest only)

    Term

    12 Months

    Balloon Payment

    $201,833.33 (Id. at Ex. C)


    The Chapter 13 Trustee ("Trustee") objected to the plan because Debtor’s rent is $750.00 per month and the payments made to Albert Nakama is $502.00 per month, totaling 1,252.00 per month. Dkt. No. 46. The new lot payment with a manufactured home would be $1,833.33, an increase of $581.33 from the total paid for Debtor’s rent and to Albert Nakama per month. Id. The Trustee questioned the feasibility of the plan if the Debtor would be allowed to refinance.


    On August 31, 2018, Debtor filed an amended Schedule I and J showing Debtor could afford the Chapter 13 plan payments with the additional cost of the proposed loan’s monthly payments. Dkt. No. 49. On September 19, 2018, the Trustee gave his approval. The motion was granted on October 2, 2018. The Debtor subsequently built his new residence at 21270 Salter Road, Perris, CA 92570 (the "Property").


    As the balloon payment comes ever closer to being due, Debtor has filed another motion for authority to refinance the Property. Dkt. No. 65.


    ANALYSIS:


    11 U.S.C. § 1327:


    "(a) The provisions of a confirmed plan bind the debtor and each creditor, whether or not the claim of such creditor is provided for by the plan, and whether or not such creditor has objected to, has accepted, or has rejected the plan…(b) 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."

    11:00 AM

    CONT...


    Mario Mondragon


    Chapter 13

    Based on the Debtor’s plan, "the property of the estate shall not re-vest in the Debtor until such time as a discharge is granted or the case is dismissed or closed without discharge." Dkt. No.2 Pg. 8. Furthermore, pursuant to Local Bankruptcy Rule ("LBR"), a motion to refinance property in a Chapter 13 case must be filed under LBR 3015-1(p), which must be approved by the Court. LBR 6004-1.


    Debtor’s proposed loan has these terms:


    Loan Amount

    $210,622.00

    Interest Rate

    4.5%

    Monthly Principal and Interest

    $1,067.19

    Term

    30 years

    On January 6, 2020, The Trustee stated some concerns that were not applicable in this motion and then filed an amended trustee’s comments giving his approval.


    TENTATIVE RULING:


    The Debtor, amending his Schedule I and J, good cause appearing, will have enough discretionary income to pay the proposed loan monthly payments and his Chapter 13 plan payments of $150.00 per month. The Court GRANTS the motion to authorize refinancing of the Property.


    APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


    Party Information

    Debtor(s):

    Mario Mondragon Represented By Michael Smith

    11:00 AM

    CONT...


    Movant(s):


    Mario Mondragon


    Sundee M Teeple


    Chapter 13

    Mario Mondragon Represented By Michael Smith Sundee M Teeple

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:17-12149


    Irma Dalia Cantu


    Chapter 13


    #3.00 CONT Debtor's Motion for Order Disallowing Claim no 1-1 filed by Ocwen Loan Servicing, LLC

    (HOLDING DATE)


    From: 6/4/18, 8/30/18, 11/15/18, 6/6/19, 10/17/19, 12/19/19


    EH     


    Docket 24


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Irma Dalia Cantu Represented By Leonard J Cravens

    Movant(s):

    Irma Dalia Cantu Represented By Leonard J Cravens Leonard J Cravens

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:18-13335


    Annabelle M. Vigil


    Chapter 13


    #4.00 CONT Trustee's Motion to Dismiss Case From: 9/5/19, 10/3/19, 10/17/19, 12/5/19 Also #5 - #6

    EH     


    Docket 48


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Annabelle M. Vigil Represented By Christopher J Langley

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:18-13335


    Annabelle M. Vigil


    Chapter 13


    #5.00 CONT Motion to Disallow Claim No. 3 filed by Lake Hills Maintenance Corporation


    From: 9/19/19, 10/17/19, 12/5/19, 12/19/19


    Also #4 - #6 EH     

    Docket 51


    Tentative Ruling:

    Among other things, Debtor argues that the subject 2011 assessment lien was satisfied in Debtor’s prior chapter 13 case, case no. 11-48313, and in fact the Debtor’s claim in that case, the plan and confirmation order, and the trustee’s final report and accounting all indicate that the secured debt reflected in Debtor’s claim in that case was fully paid. That, however, does not appear to resolve the issue, because if the HOA’s lien is in fact a continuing lien, then the debt secured by that lien presumably continued to grow based on post-confirmation defaults in Debtor’s HOA assessment obligations. In other words, assuming the 2011 lien is a continuing lien, at the same time Debtor’s plan payments to trustee in the prior case reduced the debt secured by the 2011 lien, Debtor’s post confirmation defaults increased the debt secured by the 2011 lien, and it would not have been fully satisfied in the prior case. As to whether the lien was a continuing lien, the relevant statutes, as well as the applicable caselaw, are less than clear.


    In Bear Creek, 130 Cal. App. 4th 1470 (2005), based on very clear language in the applicable CCRs that any lien on account of prior delinquencies "shall be deemed to include subsequent delinquencies and amounts due on account of …", the Court found the continuing lien in that case did not violate Davis-Stirling. While it lacks reference to Diamond v. Superior Court, discussed below, this Court believes reference to Diamond is misplaced and not dispositive on this issue, and Bear Creek presents a meaningful and straightforward statutory analysis as to why Davis Stirling does not prohibit continuing liens per se, as well as a very compelling policy rationale for its

    11:00 AM

    CONT...


    Annabelle M. Vigil


    Chapter 13

    conclusion.


    In Guajardo, 2016 WL 943613 (Bankr. N.D. Cal.), the bankruptcy court found that the notice of delinquent assessment was ineffective under both California contract law and the Davis-Stirling Act. As to California contract law, the court stated that with respect to notices of delinquent assessment, the CCRs in that case permitted the HOA to give notice of default "within ninety days after the occurrence of a default," and states that "[e]ach lienable default shall constitute a separate basis for a lien." (emphasis from Guajardo). Guajardo finds this language clear and unambiguous and as somehow prohibiting a continuing lien. 2016 WL 943613 at *3. This Court disagrees. There is no meaningful analysis on that point in Guajardo, and this Court simply interprets that language as protecting the enforceability of a lien if one of several underlying defaults is cured or otherwise invalid. At the least the language is not unambiguous and is subject to reasonable alternative interpretations. Shifting then to its alternative grounds, that Davis-Sterling prohibits a continuing lien (presumably regardless of the language in any CCRs or notice of delinquent assessment), the Guajardo court summarily states that the language of the notice adding "future amounts" to the lien is inconsistent with the portion of the Davis Sterling act that requires the unpaid amounts to be specifically set forth in the notice and attached accounting. However, the Guajardo analysis then attempts to support this argument by referring back to Bear Creek and attempting to draw a distinction with the CCR language in that case. In other words, Guajardo does not offer any support for the proposition that Davis-Stirling does not allow a continuing lien other than by comparing relevant CCR language (i.e., it supports the Davis-Sterling argument only by the California contract law argument). The clearest takeaway finding from Guajardo is that where CCRs are not specific that a lien shall be deemed to include subsequent delinquencies (distinguished from the facts in Bear Creek), any such lien is prohibited from securing such subsequent delinquencies under California contract law. See Guajardo at *3. This Court finds unpersuasive Guajardo’s alternative conclusion that Davis-Sterling per se prohibits an assessment lien from including subsequent delinquent amounts.


    In In re Warren, 2016 WL 1460844 (D.N.D. Cal.), without meaningful analysis the court cited Guajardo for the proposition that prospective assessment language is inconsistent with Davis-Stirling, and cited Diamond v. Superior Court, 217 Cal.App.4th 1172, 1191 (2013), for the proposition that Davis-Stirling procedural

    11:00 AM

    CONT...


    Annabelle M. Vigil


    Chapter 13

    notice requirements must be "strictly construed" such that "substantial compliance is insufficient." However, the citation to Guajardo merely incorporates the analytical weakness of Guajardo noted above, and Diamond does not pertain to the issue of continuing liens. Notably, Warren cites to In re Henderson, 155 B.R. 10 (Bankr. S.D. Cal. 1993) for the proposition that future unpaid dues cannot be secured by an earlier assessment lien in California. However, the cite to Henderson is unpersuasive – the Henderson decision regards the issue of priority between an assessment lien and a tax lien, and the statement in Henderson that "once [unpaid dues] became due, Seabreeze should have filed liens for those certain amounts to perfect its interest" does not contain any analysis or statutory or caselaw support.


    In In re Guillen, 604 B.R. 826 (9th Cir. BAP 2019), the BAP found that (1) the CCRs in question did not authorize a continuing lien and (2) the Davis-Sterling Act does not authorize a continuing lien because it is inconsistent with the Act’s notice provisions and the expressed legislative purpose of the Act. The difficulty with unraveling the Guillen decision is that it convolutes its two alternative findings and is otherwise based on the flawed Guajardo and Warren decisions. Specifically, Guillen found that the CCRs in its case did not contain language similar to that in the Bear Creek case, which allowed a lien to include subsequent assessed amounts, and as such Guillen did not have to follow Bear Creek. But Guillen went on to opine that Bear Creek was flawed because it failed to consider the purpose of the Davis Stirling Act was to protect homeowners and the requirements of Davis-Stirling Act were to be strictly construed. This aspect of the Guillen decision is not persuasive. Certainly Davis- Stirling does include certain requirements in an assessment notice to protect homeowners, but Davis-Stirling is clear such a notice may include undetermined amounts such as costs and fees, and as analyzed by Bear Creek the statute can be interpreted to include subsequent assessments. On this point Guillen is merely offering a superficial analysis unsupported by any meaningful direct authority and is otherwise perched on the fragile house of cards of Warren and Guajardo. The Bear Creek analysis based on statutory interpretation that Davis-Stirling does not per se prohibit a continuing lien is more persuasive to this Court.


    The problems with this analysis are compounded by the fact that the HOA did not present it’s further briefing by the January 10, 2020, deadline, which it indicated it wished to file. Further, the Court notes that the relevant CC&R contains the following possibly relevant language that was not cited by HOA:

    11:00 AM

    CONT...


    Annabelle M. Vigil


    Chapter 13


    "All Assessments other than Special Assessments, together with interest, costs, and reasonable attorneys’ fees for the collection thereof, shall be a charge on the land and shall be a continuing lien upon the Lot or Condominium against which such assessment is made."


    CC&R, Section 6.01 (emphasis added). Without analysis by the parties the Court is reluctant to interpret this language.


    Ultimately, the questions herein likely require certification to the California supreme court. Absent that, given the scant caselaw and problems therewith, this Court declines to find that Davis-Stirling per se prohibits an assessment lien from including subsequent assessments. Nonetheless, based on the contract law analysis presented in the applicable caselaw, the Court finds the subject CCRs do not contain sufficiently specific language providing that any lien shall also include subsequent assessments, rising to the level of that in Bear Creek, to support a continuing lien, and thus that HOA has failed to meet its ultimate burden as to the issue of a continuing lien. On that basis, finding the lien in question is not a continuing lien, the Court is inclined to find the underlying HOA’s claim in the prior case, which was the only debt secured by the 2011 lien, was fully satisfied in the Debtor’s prior bankruptcy case, and to disallow the claim in this case to the extent it purports to be a secured claim.

    Party Information

    Debtor(s):

    Annabelle M. Vigil Represented By Christopher J Langley

    Movant(s):

    Annabelle M. Vigil Represented By Christopher J Langley

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:18-13335


    Annabelle M. Vigil


    Chapter 13


    #6.00 CONT Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to modify plan or suspend plan payments


    From: 9/19/19, 10/17/19, 12/5/19, 12/19/19


    Also #4 - #5 EH     

    Docket 53


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Annabelle M. Vigil Represented By Christopher J Langley

    Movant(s):

    Annabelle M. Vigil Represented By Christopher J Langley

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:19-20550


    Doralene Conception Weitz


    Chapter 13


    #7.00 Motion By United States Trustee To Dismiss Chapter 13 Case With A Re-Filing Bar


    EH     


    Docket 9

    Tentative Ruling:

    1/30/20


    BACKGROUND:


    On December 3, 2019 ("Petition Date"), Doralene Conception Weitz ("Debtor") filed for Chapter 13 voluntary petition. Prior to filing this petition, Debtor had filed two previous Chapter 13 voluntary petitions within a year, making this petition the third Chapter 13 filing in a year.


    On August 8, 2019, Debtor filed for Chapter 13 voluntary petition, case number 6:19-bk-17554-MH ("First Case"). In her First Case, Debtor did not file any schedules, a Means Calculation, Statement of Financial Affairs, Chapter 13 Income, nor a Chapter 13 plan. Debtor filed a motion to extend the deadline to file the required information. In her motion, Debtor stated that the Chapter 13 process is very extensive and complicated, and she is in the process of hiring a bankruptcy Attorney to assist her.


    The motion was granted. However, Debtor neither hired a bankruptcy attorney to represent her nor filed any additional documents. Debtor’s First Case was dismissed and later closed on November 11, 2019.


    Before the closure of the First Case, on October 29, 2019, Debtor filed another Chapter 13 voluntary petition, case number 6:19-bk-19517-MH ("Second Case"). In her Second Case, Debtor stated immediate attention is needed because property located at 6872 Blanchard Avenue, Fontana CA, 92335 (the "Property") had been foreclosed on and an auction sale date was to occur on October 30, 2019.

    11:00 AM

    CONT...


    Doralene Conception Weitz

    Regardless of this new piece of information, Debtor’s Second Case had the


    Chapter 13

    same result as the First Case—dismissed due to failure to file required documents. However, Unlike the First Case, Debtor’s Second Case had no motion to extend the deadline to file the required documents.


    Because of the skeletal filings of the previous and current Chapter 13 petitions and the foreclosure and pending auction of the Property, Abram Feuerstein, United States Trustee ("U.S. Trustee"), believes the Debtor has been filing her Chapter 13 petitions in bad faith and asks the court to dismiss her case with a re-filing bar of one year.


    ANALYSIS:


    1. Bad Faith


      11 U.S.C § 1307(C):


      "…on request of a party in interest or the United States trustee and after notice and a hearing, the court may convert a case under this chapter…or dismiss a case under this chapter…for cause, including…"


      Subsection 1307(c) then proceeds to list eleven circumstances that would constitute cause. However, ‘bad faith’ is not listed. Nonetheless, bankruptcy courts "routinely treat dismissal for prepetition bad-faith conduct as implicitly authorized by the words ‘for cause.’" In re Goodvin, 548 B.R. 806, 811 (Bankr. N.D. IA. 2016) (quoting Marrama v. Citizens Bank, 549 U.S. 365, 372 (2007).


      Bad faith is determined by the totality of the circumstances test. In re Craighead, 377 B.R. 648, 654 (Bankr. N.D. Cal. 2007). Bankruptcy courts should consider the following circumstances in determining a cause for dismissal under Chapter 13 petition with prejudice for bad faith: (1) whether the debtor misrepresented facts in her petition or plan, unfairly manipulated the Bankruptcy Code, or otherwise filed her Chapter 13 petition or plan in an inequitable manner; (2) the debtor’s history of filing and dismissals; (3) whether the debtor only intended to defeat state court litigation; and (4) whether egregious behavior is present. In re Leavitt, 171 F.3d 1219,

      11:00 AM

      CONT...


      Doralene Conception Weitz


      Chapter 13

      1224 (9th Cir. Ct. App. 1999).


      United States Trustee believes that Debtor filed multiple cases and failed to file the required documents, so she could thwart the effort of a creditor. Dkt. No. 9 Pg.

      6. Because Debtor filed skeleton petitions, it is neither likely nor unlikely that Debtor would have been able to stay the foreclosure of this Property. Thus, the United States Trustee’s conclusion based on Debtor’s action seems farfetched.


      Based on the facts of this case, a more likely conclusion is that Debtor was overwhelmed with the bankruptcy process and failed to hire counsel as she stated she would in her motion to extend the deadline for filing in her First Case. Nonetheless, the result is still the same. Debtor unfairly manipulated the bankruptcy code. With ever refiling of her petition, Debtor prevented the creditor that enacted foreclosure proceedings against the Property any recourse. Before any notice could be sent to the creditor, the Debtor’s petition was closed and another one had been filed. This left the creditor in a perpetual state of inaction. In re Craighead, 377 B.R. 648 (Bankr. N.D. Cal. 2007) (finding that a family engaged in bad faith because they had filed numerous skeletal petitions to prevent a foreclosure of real property.)


      For the Court to find a lack of good faith neither malice nor actual fraud is required to be present. In re Leavitt at 1225. Malfeasance is not a prerequisite to bad faith. Id. The Court finds that the Debtor is abusing the bankruptcy system. Therefore, "cause" exists for the case to be dismissed under 11 U.S.C. § 1307(c).


      After the issue of bad faith is raised, Debtor has the burden to prove her good faith. Leavitt v. Soto, 209 B.R. 935 (B.A.P 9th Cir. 1997). Debtor failed to file a response to U.S. Trustee’s allegation. Thus, Debtor has not met her burden.


    2. Sanction


    11 U.S.C § 349(a) authorizes the Court to dismiss the case with prejudice. Id. at 1224. This motion requests a one-year bar. The Court agrees with the U.S. Trustee that a one-year bar to re-filing is appropriate in this case. In re Leavitt, 171 F.3d at 1226 ("stating that the issue of the length of the bar is a matter for the Court’s discretion.")

    11:00 AM

    CONT...


    Doralene Conception Weitz


    Chapter 13

    TENTATIVE RULING:


    Thus, the Court finds that cause, which is bad faith, exist, and GRANTS this motion to dismiss Debtor’s case with a re-filing bar of one year.


    APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


    Party Information

    Debtor(s):

    Doralene Conception Weitz Pro Se

    Movant(s):

    United States Trustee (RS) Represented By

    Abram Feuerstein esq

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:19-18726


    Frank E Sharaby


    Chapter 13


    #8.00 CONT Motion to Avoid Junior Lien On Principal Residence with Franklin Credit Management

    HOLDING DATE


    From: 11/7/19, 12/19/19 Also #9

    EH         


    Docket 18


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Frank E Sharaby Represented By Paul Y Lee

    Movant(s):

    Frank E Sharaby Represented By Paul Y Lee

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:19-18726


    Frank E Sharaby


    Chapter 13


    #9.00 CONT Confirmation of Chapter 13 Plan From: 12/19/19

    Also #8 EH      

    Docket 0


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Frank E Sharaby Represented By Paul Y Lee

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:19-19092


    Hakim M. Iscandari and Christine E. Allen


    Chapter 13


    #10.00 Motion to Avoid Junior Lien with Rosetta Canyon Community Also #11 - #14

    EH     


    Docket 46


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Hakim M. Iscandari Represented By Christopher J Langley

    Joint Debtor(s):

    Christine E. Allen Represented By Christopher J Langley

    Movant(s):

    Hakim M. Iscandari Represented By Christopher J Langley

    Christine E. Allen Represented By Christopher J Langley Christopher J Langley

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:19-19092


    Hakim M. Iscandari and Christine E. Allen


    Chapter 13


    #11.00 Motion to Avoid Junior Lien with HSBC USA Bank, N.A. Also #10 - #14

    EH     


    Docket 47

    Tentative Ruling:

    1/30/20


    BACKGROUND:


    On May 16, 2019 ("Petition Date"), Hakim M. Iscandari ("Debtor") and Christine E. Allen ("Joint Debtor") (collectively, "Debtors") filed for Chapter 13 voluntary petition. On December 26, 2019, HSBC Bank USA, National Association ("HSBC") filed a claim arising from a loan ("Claim 21-1"). Claim 21-1 is secured by a deed of trust, totaling $126,479.21. On December 19, 2019, the Debtors, through their counsel, filed this motion, asking for the lien securing Claim 21-1 be avoided pursuant to 11 U.S.C. § 506(d).


    ANALYSIS:


    11 U.S.C. § 506(d):


    "To the extent that a lien secures a claim against the debtor that is not an allowed secured claim, such lien is void, unless—(1)such claim was disallowed only under section 502(b)(5) or 502(e) of this title; or (2) such claim is not an allowed secured claim due only to the failure of any entity to file a proof of such claim under section 501 of this title."


    1. Claim


      To determine whether Claim 21-1 is void, the Court must determine whether the claim is allowed or disallowed pursuant to 11 U.S.C. § 502. Dewsnup v. Timm,

      11:00 AM

      CONT...


      Hakim M. Iscandari and Christine E. Allen


      Chapter 13

      502 U.S. 410, 417 (1992).


      11 U.S.C. § 501 states that a creditor may file a proof a claim when some purpose would be served, such as, but not limited to, sharing in the distribution, contesting a claim, and notifying others of any claim. In re Chateaugay Corp., 94 F.3d 772, 777 (2d Cir. 1996). If the creditor files a proof of claim pursuant to Fed. Rule of Bankr. Procedure ("FRBP") 3001, such filing shall constitute as prima facie evidence of the validity and the amount of the claim. However, if the creditor fails to file a claim pursuant to this rule, the claim is not automatically disallowed. FBRP 3001(c) (2)(D)(i)-(ii).


      HSBC’s filing of Claim 21-1 followed the procedures listed in FRBP 3001(c) (2): (1) a copy of the claim based on writing was provided; (2) an itemized statement of the interest, fees, expenses, or charges was filed with the claim; (3) a statement of the amount necessary to cure any default was provided; (4) and a mortgage proof of claim attachment was filed with the proof of claim. Thus, the filing constitutes as prima facie evidence of the validity and the amount of the claim, $126,479.21.


      Pursuant to 11 U.S.C. § 502(a), a proof of claim is deemed allowed unless a party in interest objects. A chapter 13 debtor is considered a party in interest under 11

      U.S.C. § 502(a) to object to claims. Vol 4 Collier on Bankruptcy ¶ 502.02[2][d] (Richard Levin & Henry J. Sommer eds., 16th ed.). If a party in interest fails to object, a proof of claim constitutes prima facie evidence of the validity and amount of the claim under Federal Rule of Bankruptcy Procedure 3001(f). See Lundell v. Anchor Constr. Specialists, Inc., 223 F.3d 1035, 1039 (9th Cir. 2000).


      To negate the prima facie evidence of the validity of the claim, the party in interest who objects must produce evidence which, if believed, would refute at least one of the allegations that is essential to the claim’s legal sufficiency. E.g. In re A Trucking Crane Rental & Repair Co., 2008 Dist. Lexis 4864 (S. D. Cal. 2008) (stating that trustee rebutted the prima facie validity of the proof of claim by contending the creditor failed to properly authenticate the sublease document). See also, In re Preisendanz, 2017 Bankr. Lexis 3860 (Bankr. C. D. Cal. 2017) (showing that debtor rebutted the prima facia validity of the proof of claim by alleging the claim was barred pursuant to a statute of limitations of four years).

      11:00 AM

      CONT...


      Hakim M. Iscandari and Christine E. Allen

    2. Secured Claim


      1. Lien


        Chapter 13


        A claim cannot be a secured claim unless it is secured by a lien. Vol 4 Collier on Bankruptcy ¶ 506.03 (Richard Levin & Henry J. Sommer eds., 16th ed.). A deed of trust is a lien. First Nat’l v. Silva, 200 Cal.494 (Cal. 1927) In this case, HSBC has provided evidence of a deed of trust in the amount of $126,479.21. HSBC’s Proof of Claim 21-1.


      2. Valuation of the Collateral


        Pursuant to 11 U.S.C. § 506(a)(1), an allowed claim is a secured claim to the extent of the value of such creditor’s interest in such property and an unsecured claim to the extent that the value of such creditor’s interest is less than the amount of such allowed claim. Thus, to proceed with the analysis to figure out to what extent, if any, of Claim 21-1 is secured, the Court must determine the value of the property.


        In this case, the deed of trust attached to Debtors’ primary residence located at 41015 Crimson Pillar Lane, lake Elsinore, California 92532 (the "Property"). The value of the property is determined in light of the purpose of the valuation and of the proposed disposition or use of such property. 11 U.S.C. § 506(a). In Debtors’ Chapter 13 plan, Debtors stated they will maintain and make the current contractual installment payments on claims secured solely by property that is debtors’ principal residence. Dkt No. 2, Pg 5-6. With this purpose in mind, courts have used the comparable sales method determined at or near the petition date. In re Tremblay, 2012 Bankr. Lexis 3435 (Bankr. S.D. Cal. 2012) (using a comparable sale method to value a property a Chapter 13 Debtor planned to reside in.); see also In re Dheming, 2013 Bankr. Lexis 1166 (Bankr. N.D. Cal. 2013).


        Debtors’ provided a value, $390,000.00, of the Property determined by the sales comparison approach as of the date of November 16, 2019. Dkt 47, Ex. 10. The Court finds that the method used to value the Property is valid for a residential purpose, and the date chosen for the valuation, a month after the Petition Date, to be near the Petition Date. Thus, the Court finds the value of the Property is set at

        $390,000.00.

        11:00 AM

        CONT...


        Hakim M. Iscandari and Christine E. Allen

      3. Interest in the Property


        After the collateral is valued, the next step in the analysis is to determine the


        Chapter 13

        estate’s interest in the Property and then the creditor’s interest in the Property. A deed of trust dated July 14, 2006, was provided, listing the Debtors as borrowers whom have "the right to grant and convey the Property." Dkt. No. 47, Ex. 7. Furthermore, the full ownership interest is given to the Debtors. Id.


        Property of the estate includes all legal or equitable interest of the debtor in property as of the commencement date. See 11 U.S.C. § 1306; see also 11 U.S.C. §

        541. The Court finds that full ownership of the property lies in the estate.


        Having determined the estate’s interest, the Court will proceed to determine HSBC’s interest in the property. There are other liens that encumbered the property. In general, the amount of debt secured by senior liens must be deducted in determined the extent to which a junior creditor holds interest. Thus, the court must determine where HSBC’s lien is placed in priority relatively to the other liens.


        "Other things being equal, different liens upon the same property have priority according to the time of their creation…" Cal. Civ. Code § 2897. In this case, a deed of trust was recorded on July 7, 2006 and was subsequently assigned to Deutsche Bank National Trust ("Deutsche Bank") on October 6, 2010. Dkt. No 47. Ex. 7. HSBC recorded its deed of trust on September 10, 2015. Dkt. No. 47 Ex. 9. The other liens were created after HSBC’s deed of trust. Thus, HSBC’s deed of trust is only junior to Deutsche Bank’s deed of trust:


        Priority

        Creditor

        Amount of Claim

        1st Lien

        Deutsche Bank National Trust

        $513,002.21 (Claim 19-1)

        2nd Lien

        HSBC USA, N.A.

        $126,479.21 (Claim 21-1)

        11:00 AM

        CONT...


        Hakim M. Iscandari and Christine E. Allen


        Chapter 13

        3rd Lien

        Rosetta Canyon

        $36,482.93 (Claim 1-1,

        judicial lien Portions only)


        Because the determined value of the Property is set at $390,000.00, Claim 21-1 is an unsecured claim.


      4. No Exceptions


        Pursuant to 11 U.S.C. § 506(d), the lien is void unless it falls under the exceptions: certain unmatured obligations for alimony, maintenance, or child support (11 U.S.C. § 502(b)(5)); or reimbursement or contribution claim to the extent that claim is contingent or the co-debtor asserting the claim elects a subrogation remedy (11 U.S.C § 502(e)). The subject lien does not fall under either exception.


        Because Debtors are filing a petition under Chapter 13 and the Property is the primary residence of Debtors, 11 U.S.C § 1322(b)(2) applies, which prohibits the modification of the rights of holders of a claim secured only by a security interest in real property that is the debtor’s principal place of residence.


        However, there is an exception to this exception. In re Zimmer, 313 F.3d 1220 (9th Cir. 2002). A Chapter 13 plan can modify the rights of a junior lienholder on a principal residence if the lien is entirely underwater. Id. In this case, HSBC’s lien is total underwater. Therefore, no exceptions apply, and the lien is void.


        TENTATIVE RULING:


        Thus, the Court GRANTS the request to avoid the lien of HSBC in its entirety pursuant to 11 U.S.C. § 506(d).

        APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

        11:00 AM

        CONT...


        Debtor(s):


        Hakim M. Iscandari and Christine E. Allen

        Party Information


        Chapter 13

        Hakim M. Iscandari Represented By Christopher J Langley

        Joint Debtor(s):

        Christine E. Allen Represented By Christopher J Langley

        Movant(s):

        Hakim M. Iscandari Represented By Christopher J Langley

        Christine E. Allen Represented By Christopher J Langley Christopher J Langley

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-19092


        Hakim M. Iscandari and Christine E. Allen


        Chapter 13


        #12.00 Motion to Avoid Junior Lien with Rosetta Canyon Community Association Also #10 - #14

        EH     


        Docket 44


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Hakim M. Iscandari Represented By Christopher J Langley

        Joint Debtor(s):

        Christine E. Allen Represented By Christopher J Langley

        Movant(s):

        Hakim M. Iscandari Represented By Christopher J Langley

        Christine E. Allen Represented By Christopher J Langley Christopher J Langley

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-19092


        Hakim M. Iscandari and Christine E. Allen


        Chapter 13


        #13.00 Motion to Avoid Junior Lien with Rosetta Canyon Community Also #10 - #14

        EH     


        Docket 45


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Hakim M. Iscandari Represented By Christopher J Langley

        Joint Debtor(s):

        Christine E. Allen Represented By Christopher J Langley

        Movant(s):

        Hakim M. Iscandari Represented By Christopher J Langley

        Christine E. Allen Represented By Christopher J Langley Christopher J Langley

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-19092


        Hakim M. Iscandari and Christine E. Allen


        Chapter 13


        #14.00 CONT Confirmation of Chapter 13 Plan From: 1/9/20

        Also #10 - #13


        EH      


        Docket 0


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Hakim M. Iscandari Represented By Christopher J Langley

        Joint Debtor(s):

        Christine E. Allen Represented By Christopher J Langley

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-18448


        James J. Ysais


        Chapter 13


        #15.00 CONT Confirmation of Chapter 13 Plan From: 1/16/20

        EH      


        Docket 0


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        James J. Ysais Represented By

        James D. Hornbuckle

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-19108


        Miesha T. Johnson


        Chapter 13


        #16.00 CONT Confirmation of Chapter 13 Plan From: 1/9/20

        EH      


        Docket 0


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Miesha T. Johnson Represented By Sundee M Teeple

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-19488


        Aron Christopher Wright


        Chapter 13


        #17.00 CONT Confirmation of Chapter 13 Plan From: 1/16/20

        EH      


        Docket 0


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Aron Christopher Wright Represented By Tom A Moore

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-19763


        Randolph Thomas Lascurain


        Chapter 13


        #18.00 Confirmation of Chapter 13 Plan EH      

        Docket 0


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Randolph Thomas Lascurain Represented By Christopher J Langley

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-19765


        Tricina LaVerne Edwards


        Chapter 13


        #19.00 Confirmation of Chapter 13 Plan EH      

        Docket 0


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Tricina LaVerne Edwards Represented By Nathan Fransen

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-19776


        Christopher Monroe and Aysheh Spicer


        Chapter 13


        #20.00 Confirmation of Chapter 13 Plan EH      

        Docket 0

        *** VACATED *** REASON: CASE DISMISSED 11/22/19

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Christopher Monroe Represented By Paul Y Lee

        Joint Debtor(s):

        Aysheh Spicer Represented By Paul Y Lee

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-19790


        James William Seifert


        Chapter 13


        #21.00 Confirmation of Chapter 13 Plan EH      

        Docket 0


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        James William Seifert Represented By Alon Darvish

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-19802


        Maria J Aguilar


        Chapter 13


        #22.00 Confirmation of Chapter 13 Plan EH      

        Docket 0

        *** VACATED *** REASON: CASE DISMISSED 11/25/19

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Maria J Aguilar Pro Se

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-19804


        Charles Edward Urick, III


        Chapter 13


        #23.00 Confirmation of Chapter 13 Plan EH      

        Docket 0

        *** VACATED *** REASON: CASE DISMISSED 11/25/19

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Charles Edward Urick III Pro Se

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-19813


        Francisco R Palacios


        Chapter 13


        #24.00 Confirmation of Chapter 13 Plan EH      

        Docket 0


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Francisco R Palacios Represented By

        David A Akintimoye

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-19814


        Jay Tony Klester


        Chapter 13


        #25.00 Confirmation of Chapter 13 Plan EH      

        Docket 0


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Jay Tony Klester Represented By Yelena Gurevich

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-19823


        David Anthony Meisland


        Chapter 13


        #26.00 Confirmation of Chapter 13 Plan EH      

        Docket 0


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        David Anthony Meisland Represented By Marc A Duxbury

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-19849


        Roberto Nieves


        Chapter 13


        #27.00 Confirmation of Chapter 13 Plan EH      

        Docket 0


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Roberto Nieves Represented By Neil R Hedtke

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-19881


        Augusto Mora


        Chapter 13


        #28.00 Confirmation of Chapter 13 Plan EH      

        Docket 0

        *** VACATED *** REASON: CASE DISMISSED 11/26/19

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Augusto Mora Pro Se

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-19905


        Stephanie Brown


        Chapter 13


        #29.00 Confirmation of Chapter 13 Plan EH      

        Docket 0

        *** VACATED *** REASON: CASE DISMISSED 11/26/19

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Stephanie Brown Pro Se

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-19912


        Josephina Lopez


        Chapter 13


        #30.00 Confirmation of Chapter 13 Plan EH      

        Docket 0


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Josephina Lopez Represented By Julie J Villalobos

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-19914


        Larry D Sanders and Veronica D Sanders


        Chapter 13


        #31.00 Confirmation of Chapter 13 Plan EH      

        Docket 0


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Larry D Sanders Represented By Paul Y Lee

        Joint Debtor(s):

        Veronica D Sanders Represented By Paul Y Lee

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-19922


        Angela Clarice Atou


        Chapter 13


        #32.00 Confirmation of Chapter 13 Plan EH      

        Docket 0


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Angela Clarice Atou Represented By Todd L Turoci

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-19928


        Maria T. Acosta


        Chapter 13


        #33.00 Confirmation of Chapter 13 Plan EH      

        Docket 0


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Maria T. Acosta Represented By Maria C Hehr

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-19936


        Jori Lynn Smith


        Chapter 13


        #34.00 Confirmation of Chapter 13 Plan EH      

        Docket 0

        *** VACATED *** REASON: CASE DISMISSED 12/20/19

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Jori Lynn Smith Pro Se

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-19938


        Chuckie Harold Elmore, Jr


        Chapter 13


        #35.00 Confirmation of Chapter 13 Plan EH      

        Docket 0

        *** VACATED *** REASON: CASE DISMISSED 12/2/19

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Chuckie Harold Elmore Jr Pro Se

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-19945


        Ana Cecilia Gonzalez


        Chapter 13


        #36.00 Confirmation of Chapter 13 Plan EH      

        Docket 0

        *** VACATED *** REASON: CASE DISMISSED 12/2/19

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Ana Cecilia Gonzalez Pro Se

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-19946


        Gary Ellison and Rachelle Malbrough


        Chapter 13


        #37.00 Confirmation of Chapter 13 Plan EH      

        Docket 0


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Gary Ellison Represented By

        Todd L Turoci

        Joint Debtor(s):

        Rachelle Malbrough Represented By Todd L Turoci

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-19955


        Brandi Lee Ramos and Alejandro Ramos


        Chapter 13


        #38.00 Confirmation of Chapter 13 Plan EH      

        Docket 0


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Brandi Lee Ramos Represented By Dana Travis

        Joint Debtor(s):

        Alejandro Ramos Represented By Dana Travis

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-19972


        Anthony Michael Santana


        Chapter 13


        #39.00 Confirmation of Chapter 13 Plan EH      

        Docket 0


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Anthony Michael Santana Represented By Ruben Fuentes

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-19977


        Marlon Mayfield


        Chapter 13


        #40.00 Confirmation of Chapter 13 Plan EH      

        Docket 0

        *** VACATED *** REASON: CASE DISMISSED 12/2/19

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Marlon Mayfield Pro Se

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-19999


        Sarah Suzanne Kelso


        Chapter 13


        #41.00 Confirmation of Chapter 13 Plan EH      

        Docket 0


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Sarah Suzanne Kelso Represented By Jenny L Doling

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-20007


        Chris Dennis and Ami Dennis


        Chapter 13


        #42.00 Confirmation of Chapter 13 Plan EH      

        Docket 0


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Chris Dennis Represented By

        Christopher Hewitt

        Joint Debtor(s):

        Ami Dennis Represented By

        Christopher Hewitt

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-20022


        Katina Deneen Edwards


        Chapter 13


        #43.00 Confirmation of Chapter 13 Plan EH      

        Docket 0


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Katina Deneen Edwards Represented By Paul Y Lee

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-20043


        Cristian Enrique Dominguez


        Chapter 13


        #44.00 Confirmation of Chapter 13 Plan EH      

        Docket 0


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Cristian Enrique Dominguez Represented By Todd L Turoci

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-20050


        Jeremiah Schermerhorn


        Chapter 13


        #45.00 Confirmation of Chapter 13 Plan EH      

        Docket 0


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Jeremiah Schermerhorn Represented By Natalie A Alvarado

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-18312


        Rogelio Marquez and Rosa M. Perea de Marquez


        Chapter 13


        #46.00 CONT Confirmation of Chapter 13 Plan From: 12/19/19

        EH      


        Docket 0


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Rogelio Marquez Represented By Curtis R Aijala

        Joint Debtor(s):

        Rosa M. Perea de Marquez Represented By Curtis R Aijala

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:15-20998


        Eric Kissell


        Chapter 13


        #47.00 Motion to Dismiss EH     

        Docket 94

        *** VACATED *** REASON: CONTINUED TO 3/12/20 AT 11:00 A.M.

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Eric Kissell Represented By

        William J Howell

        Movant(s):

        UNITED STATES OF AMERICA Represented By

        Najah J Shariff

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:14-24084


        Michael Lee Barnes and Belinda Ann Barnes


        Chapter 13


        #48.00 Trustee's Motion to Dismiss Case EH     

        Docket 157

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 1/22/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Michael Lee Barnes Represented By Todd L Turoci

        Joint Debtor(s):

        Belinda Ann Barnes Represented By Todd L Turoci

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:15-17922


        Homer Wilson and Evelyn Wilson


        Chapter 13


        #49.00 Trustee's Motion to Dismiss Case EH     

        Docket 127


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Homer Wilson Represented By Leonard J Cravens

        Joint Debtor(s):

        Evelyn Wilson Represented By Leonard J Cravens

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:13-28666


        Mildred Goodridge Crawford


        Chapter 13


        #50.00 CONT Trustee's Motion to Dismiss Case From: 12/19/19

        EH     


        Docket 262


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Mildred Goodridge Crawford Represented By Michael Smith Craig K Streed Sundee M Teeple

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:16-15668


        Roger C Jefferson


        Chapter 13


        #51.00 CONT Trustee's Motion to Dismiss Case From: 12/19/19, 1/16/20

        EH     


        Docket 148


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Roger C Jefferson Represented By Paul Y Lee

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:16-18621


        John Wesley Wilson, Jr. and Michelle Janet Wilson


        Chapter 13


        #52.00 CONT Trustee's Motion to Dismiss Case From: 1/9/20

        EH     


        Docket 80


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        John Wesley Wilson Jr. Represented By Julie J Villalobos

        Joint Debtor(s):

        Michelle Janet Wilson Represented By Julie J Villalobos

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:17-13204


        Hector Miguel Ortiz and Virginia Romero Ortiz


        Chapter 13


        #53.00 CONT Trustee's Motion to Dismiss Case From: 1/16/20

        EH     


        Docket 33


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Hector Miguel Ortiz Represented By

        Rabin J Pournazarian

        Joint Debtor(s):

        Virginia Romero Ortiz Represented By

        Rabin J Pournazarian

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:17-17942


        Viorel Bucur


        Chapter 13


        #54.00 CONT Trustee's Motion to Dismiss Case From: 1/16/20

        EH     


        Docket 100


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Viorel Bucur Represented By

        Michael Jay Berger

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:17-20487


        Ann Marie Smith


        Chapter 13


        #55.00 CONT Trustee's Motion to Dismiss Case From: 1/9/20

        EH     


        Docket 117


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Ann Marie Smith Represented By Brian J Soo-Hoo

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:18-10732


        Calvin S. Winn and Diana M. Winn


        Chapter 13


        #56.00 Trustee's Motion to Dismiss Case EH     

        Docket 75

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 12/26/19

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Calvin S. Winn Represented By Christopher J Langley

        Joint Debtor(s):

        Diana M. Winn Represented By Christopher J Langley

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:18-11407


        Rushelyn Napalan


        Chapter 13


        #57.00 CONT Trustee's Motion to Dismiss Case From: 1/9/20

        EH     


        Docket 53


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Rushelyn Napalan Represented By Paul Y Lee

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:18-14725


        Percylyn Agustin Basa


        Chapter 13


        #58.00 CONT Trustee's Motion to Dismiss Case From: 11/21/19, 12/19/19

        EH     


        Docket 80


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Percylyn Agustin Basa Represented By Benjamin R Heston

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:18-14770


        Lamar Ramon Benjamin


        Chapter 13


        #59.00 Trustee's Motion to Dismiss Case EH     

        Docket 58


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Lamar Ramon Benjamin Represented By

        Ethan Kiwhan Chin

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:18-15033


        Victor Portillo


        Chapter 13


        #60.00 CONT Trustee's Motion to Dismiss Case From: 12/19/19

        EH     


        Docket 55


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Victor Portillo Represented By Rebecca Tomilowitz

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:18-15192


        Everett T Cain


        Chapter 13


        #61.00 Trustee's Motion to Dismiss Case EH     

        Docket 64


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Everett T Cain Represented By April E Roberts

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:18-16237


        Miguel Santa Maria and Lilia Maldonado


        Chapter 13


        #62.00 CONT Trustee's Motion to Dismiss Case From: 8/19/19, 11/21/19, 12/19/19

        EH     


        Docket 52


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Miguel Santa Maria Represented By Todd L Turoci

        Joint Debtor(s):

        Lilia Maldonado Represented By Todd L Turoci

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:18-17605


        Joseph N Duguay, II


        Chapter 13


        #63.00 Trustee's Motion to Dismiss Case EH     

        Docket 92


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Joseph N Duguay II Represented By Andy C Warshaw

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:18-19340


        Dawn Michele McClure


        Chapter 13


        #64.00 CONT Trustee's Motion to Dismiss Case From: 1/9/20

        EH     


        Docket 43


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Dawn Michele McClure Represented By Kevin Tang

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:18-19376


        Matthew J Whyte and Laura M Whyte


        Chapter 13


        #65.00 CONT Trustee's Motion to Dismiss Case From: 1/16/20

        EH         


        Docket 55


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Matthew J Whyte Represented By William J Howell

        Joint Debtor(s):

        Laura M Whyte Represented By William J Howell

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:18-19737


        Abelardo Magana and Santos Magana


        Chapter 13


        #66.00 CONT Trustee's Motion to Dismiss Case From: 12/19/19

        EH     


        Docket 44

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 1/29/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Abelardo Magana Represented By Rebecca Tomilowitz

        Joint Debtor(s):

        Santos Magana Represented By Rebecca Tomilowitz

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:18-20264


        Veronica Montes


        Chapter 13


        #67.00 Trustee's Motion to Dismiss Case EH     

        Docket 28


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Veronica Montes Represented By Nathan Fransen

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:18-20296


        Daniel Lee Crump


        Chapter 13


        #68.00 CONT Trustee's Motion to Dismiss Case From: 1/9/20

        EH     


        Docket 64


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Daniel Lee Crump Represented By Nicholas M Wajda

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:19-10415


        Lewis K. Chism and Latoya A. Chism


        Chapter 13


        #69.00 CONT Trustee's Motion to Dismiss Case From: 12/19/19

        EH     


        Docket 65


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Lewis K. Chism Represented By Christopher J Langley

        Joint Debtor(s):

        Latoya A. Chism Represented By Christopher J Langley

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:19-11281


        Nadia Michelle Lipscomb


        Chapter 13


        #70.00 CONT Trustee's Motion to Dismiss Case From: 11/21/19, 12/5/19

        EH     


        Docket 43


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Nadia Michelle Lipscomb Represented By Benjamin R Heston

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:19-11710


        Heather Ann Pessoa Bond


        Chapter 13


        #71.00 Trustee's Motion to Dismiss Case EH     

        Docket 82


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Heather Ann Pessoa Bond Represented By Matthew D. Resnik

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:19-11963


        Pamela M Bradford


        Chapter 13


        #72.00 CONT Trustee's Motion to Dismiss Case Advanced From: 3/12/20

        EH     


        Docket 63


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Pamela M Bradford Represented By

        James D. Hornbuckle

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:19-12676


        Anthony P Mendoza and Lena E Mendoza


        Chapter 13


        #73.00 CONT Trustee's Motion to Dismiss Case From: 12/19/19

        EH     


        Docket 31


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Anthony P Mendoza Represented By Paul Y Lee

        Joint Debtor(s):

        Lena E Mendoza Represented By Paul Y Lee

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:19-13123


        Susana Olga Corona


        Chapter 13


        #74.00 Trustee's Motion to Dismiss Case EH     

        Docket 46


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Susana Olga Corona Represented By Christopher J Langley

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:19-15328


        Angel Victoriano and Maura Guzman


        Chapter 13


        #75.00 Trustee's Motion to Dismiss Case EH     

        Docket 31


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Angel Victoriano Represented By Edward T Weber

        Joint Debtor(s):

        Maura Guzman Represented By Edward T Weber

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:19-15665


        Kenyaita Denise Washington


        Chapter 13


        #76.00 Trustee's Motion to Dismiss Case EH     

        Docket 28


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Kenyaita Denise Washington Represented By Norma Duenas

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:15-10488


        Jose L Rangel and Rosa M Rangel


        Chapter 13


        #77.00 Trustee's Motion to Dismiss Case EH     

        Docket 152


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Jose L Rangel Represented By

        Lisa H Robinson John F Brady

        Joint Debtor(s):

        Rosa M Rangel Represented By Lisa H Robinson John F Brady

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:15-20150


        Kevin Kim Nettles and Sara Margaret Nettles


        Chapter 13


        #78.00 Trustee's Motion to Dismiss Case EH     

        Docket 98


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Kevin Kim Nettles Represented By

        M. Wayne Tucker

        Joint Debtor(s):

        Sara Margaret Nettles Represented By

        M. Wayne Tucker

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:19-13913


        Ernesto Sandoval


        Chapter 13


        #79.00 Trustee's Motion to Dismiss Case EH     

        Docket 35


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Ernesto Sandoval Represented By Jaime A Cuevas Jr.

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:19-14338


        Jamie Marie Saucedo


        Chapter 13


        #80.00 Trustee's Motion to Dismiss Case EH     

        Docket 29


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Jamie Marie Saucedo Represented By John F Brady

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:18-20547


        Tawnie L Vanderham


        Chapter 13


        #81.00 Trustee's Motion to Dismiss Case EH     

        Docket 77


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Tawnie L Vanderham Represented By Benjamin R Heston

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:18-14775


        Ann Marie Pearson


        Chapter 7


        #82.00 Trustee's Motion to Dismiss Case EH     

        Docket 53

        *** VACATED *** REASON: CASE CONVERTED TO CHAPTER 7 ON 1/28/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Ann Marie Pearson Represented By Barry E Borowitz

        Trustee(s):

        Steven M Speier (TR) Pro Se

        1:00 PM

        6:18-20737


        Alfredo N Adriano


        Chapter 13


        #83.00 CONT Order to show cause why Alon Darvish should not be sanctioned


        CASE DISMISSED 3/14/19


        From: 8/22/19, 9/19/19, 11/21/19 EH     

        Docket 48


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Alfredo N Adriano Represented By Christopher J Langley

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:16-20081


        Richard LaFayatte Sellers


        Chapter 13


        #1.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 28228 Bern Lane, Lake Arrowhead, CA 92352


        MOVANT: NATIONSTAR MORTGAGE LLC DBA MR COOPER


        EH     


        Docket 54


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Richard LaFayatte Sellers Represented By Marjorie M Johnson

        Movant(s):

        Nationstar Mortgage LLC D/B/A Represented By

        Gilbert R Yabes Dane W Exnowski Kelsey X Luu

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:18-17676


        Patricia Ellen Bond-Gomez


        Chapter 13


        #2.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 12247 Ponce De Leon Drive, Moreno Valley, CA 92557


        MOVANT: WILMINGTON SAVINGS FUND SOCIETY, FSB


        From: 1/7/20 EH        

        Docket 71


        Tentative Ruling:

        1/7/2020


        Service is Proper Opposition: Yes

        Movant to apprise Court of status of arrears. APPEARANCES REQUIRED.

        Party Information

        Debtor(s):

        Patricia Ellen Bond-Gomez Represented By John F Brady

        Movant(s):

        Wilington Savings Fund Society, Represented By

        Dane W Exnowski Erin M McCartney

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-10052


        Dwayne J. Williams and Dana S. Williams


        Chapter 13


        #3.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 8392 Saddle Creek Dr.

        Riverside, California 92509


        MOVANT: THE BANK OF NEW YORK MELLON


        From: 1/28/20 EH     

        Docket 60


        Tentative Ruling:

        1/28/2020


        Service is Proper Opposition: Yes

        Parties to apprise the Court of the status of adequate protection discussions, if any. APPEARANCES REQUIRED.

        Party Information

        Debtor(s):

        Dwayne J. Williams Represented By Michael Jay Berger

        Joint Debtor(s):

        Dana S. Williams Represented By Michael Jay Berger

        Movant(s):

        The Bank of New York Mellon, et al Represented By

        Anna Landa

        11:00 AM

        CONT...


        Trustee(s):


        Dwayne J. Williams and Dana S. Williams

        Bonni S Mantovani Christopher Giacinto


        Chapter 13

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-11586


        Jerome D Williams


        Chapter 13


        #4.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 160/162/164/166 S. First St. Blythe CA


        MOVANT: 2ND CHANCE MORTGAGES INC.


        EH     


        Docket 38

        Tentative Ruling: Tentative Ruling:

        2/4/20


        Service: Proper Opposition: None


        Debtors filed their Chapter 13 plan, and it was later confirmed on June 12, 2019. Neither Debtor’s commencement documents nor Chapter 13 plan list the property. Movant, 2nd Chance Mortgages Inc. (hereinafter "2nd Chance") received a deed of trust on April 15, 2010 in return for lending $130,000 to the Debtor to purchase said property.


        2nd Chance admits that Debtor may not own the property because lots 22 and 23 were sold at a tax deed sale to Cruz Torres, recorded on June 26, 2018, and lot 24 was conveyed by quitclaim deed to Victor P. Williams, recorded on November 6, 2013.

        Dkt. No. 40, Pg. 3. However, 2nd Chance wants a relief from the stay to proceed with a foreclosure because Debtor is obligated on the underlying note and deed of trust: 2nd Chance’s foreclosure trustee requires an order formally granting relief from the stay.


        Pursuant to 11 U.S.C. § 362, a voluntary Chapter 13 petition filed operates as a stay against enforcement on the Debtor or the property of the estate. By providing the note, the deed of trust, and the post-petition history, pursuant to U.S.C. § 362(d)(1), 2nd

        11:00 AM

        CONT...


        Jerome D Williams


        Chapter 13

        Chance has established that its interest is not adequately protected. In re Gauvin, 24 B.R. 578, 580 (B.A.P. 9th Cir. 1982).


        The burden now shifts to the opposing party, the Debtors, to show that the collateral is not declining in value, the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise, or that there is a significant likelihood of a successful reorganization in a reasonable time. 3 Collier on Bankruptcy

        ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.). Debtor has not opposed the motion. Thus, he has not met his burden.


        As the Movant has conceded the Property is not property of the estate, it is unclear if there is a stay in place. However, the lack of such a response from Debtor, pursuant to Local Bankruptcy Rule 9013-h, may be deemed to be consent to the granting or denial of the motion, and given the circumstances a comfort order appears warranted. The Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. §§ 362(d)(1) and 362(d)(2). GRANT relief from Rule 4001(a)(3) stay. GRANT request under ¶ 2.


        APPEARANCES REQUIRED.


        Party Information

        Debtor(s):

        Jerome D Williams Represented By Christopher J Langley

        Movant(s):

        2nd Chance Mortgages Inc. Represented By Henry D Paloci

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-19108


        Miesha T. Johnson


        Chapter 13


        #5.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2016 Kia Soul, VIN Number KNDJN2A23G7334087


        MOVANT: A-L FINANCIAL CORP


        CASE DISMISSED 1/30/20


        EH     


        Docket 19

        Tentative Ruling: Tentative Ruling:

        2/4/20


        Service: Proper Opposition: Debtor


        By providing the retail installment sale contract, the certificate of title, Kelly Blue Book Value of the property, and the current value of the claim, pursuant to U.S.C. § 362(d)(1), the movant, A-L Financial Corp. has established that its interest is not adequately protected. In re Gauvin, 24 B.R. 578, 580 (B.A.P. 9th Cir. 1982).


        The burden now shifts to the opposing party, the Debtor, to show that the collateral is not declining in value, the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise, or that there is a significant likelihood of a successful reorganization in a reasonable time. 3 Collier on Bankruptcy

        ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.).


        Debtor responded to this motion. He claims that his Chapter 13 plan, which list this A-L Corp. as a secured creditor, fully provides adequate protection to the Movant. Furthermore, Debtor alleges that the vehicle is insured, and all post-petition plan

        11:00 AM

        CONT...


        Miesha T. Johnson


        Chapter 13

        payments will be cured by the hearing date.


        Parties are to update the Court as to the status of adequate protection discussions. APPEARANCES REQUIRED.

        Party Information

        Debtor(s):

        Miesha T. Johnson Represented By Sundee M Teeple

        Movant(s):

        A-L Financial Corp. Represented By Lincoln D Gardner

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-20232


        Ozzie Shabazz Aleem


        Chapter 7


        #6.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2010 MINI Convertible Cooper S Convertible 2D


        MOVANT: BMW BANK OF NORTH AMERICA


        EH     


        Docket 10

        Tentative Ruling: Tentative Ruling:

        2/4/20


        Service: Proper Opposition: None


        By providing the retail installment sale contract, electronic title, current value of the claim, and the value of the property based on NADA Guides Value Report, pursuant to U.S.C. §§ 362(d)(1) and 362(d)(2), the movant, BMW Bank of North America has established that its interest is not adequately protected nor does the Debtor have any equity in the property. In re Gauvin, 24 B.R. 578, 580 (B.A.P. 9th Cir. 1982).


        The burden now shifts to the opposing party, the Debtor, to show that the collateral is not declining in value, the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise, or that there is a significant likelihood of a successful reorganization in a reasonable time. 3 Collier on Bankruptcy

        ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.). Debtor has not opposed this motion, and Debtor has stated an intent to surrender the property pursuant to 11

        U.S.C. § 521(a)(2). Dkt. No. 1, Statement of Intention.


        In such a case, the stay is not terminated when the Debtor intends to surrender the property. In re Stephens, 2013 Bankr. Lexis 1202, *28 (Bankr. N.D. NY. 2013).

        11:00 AM

        CONT...


        Ozzie Shabazz Aleem


        Chapter 7

        Instead, such action, surrendering the property, means relinquishing the debtor’s rights and taking no action to resist any efforts by the creditor to gain possession. Id. 11

        U.S.C. § 521(a)(2)(B) requires that the Debtor within thirty days after the first date set for the meeting of creditors perform his intention. The meeting of the creditors was first set on December 27, 2019. Thirty-nine days have passed, and the Debtors have not performed their intention.


        Thus, pursuant to § 362(h)(1)(B), the automatic stay is terminated. In the alternative, the Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. §§ 362(d)(1) and 362(d)(2). GRANT relief from Rule 4001(a)(3) stay. GRANT request under ¶ 2.


        APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


        Party Information

        Debtor(s):

        Ozzie Shabazz Aleem Represented By Alexander Pham

        Movant(s):

        BMW Bank of North America Represented By Cheryl A Skigin

        Trustee(s):

        Arturo Cisneros (TR) Pro Se

        11:00 AM

        6:19-20523


        Rosemarie Colangelo


        Chapter 7


        #7.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2014 BMW X3 xDrive35i Sport Utility 4D


        MOVANT: BMW BANK OF NORTH AMERICA


        EH     


        Docket 16

        Tentative Ruling: Tentative Ruling:

        2/4/20


        Service: Proper Opposition: None


        By providing the retail installment sale contract, electronic title, current value of the claim, and the value of the property based on NADA Guides Value Report, pursuant to U.S.C. §§ 362(d)(1) and 362(d)(2), the movant, BMW Bank of North America has established that its interest is not adequately protected nor does the Debtor have any equity in the property. In re Gauvin, 24 B.R. 578, 580 (B.A.P. 9th Cir. 1982).


        The burden now shifts to the opposing party, the Debtor, to show that the collateral is not declining in value, the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise, or that there is a significant likelihood of a successful reorganization in a reasonable time. 3 Collier on Bankruptcy

        ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.). Debtor has not opposed this motion, and Debtor has stated intention to surrender the property pursuant to 11

        U.S.C. § 521(a)(2). Dkt. No. 1, Statement of Intention.


        In such a case, the stay is not terminated when the Debtors intend to surrender the property. In re Stephens, 2013 Bankr. Lexis 1202, *28 (Bankr. N.D. NY. 2013).

        11:00 AM

        CONT...


        Rosemarie Colangelo


        Chapter 7

        Instead, such action, surrendering the property, means relinquishing the debtor’s rights and taking no action to resist any efforts by the creditor to gain possession. Id. 11

        U.S.C. § 521(a)(2)(B) requires that the Debtor within thirty days after the first date set for the meeting of creditors perform his intention. The meeting of the creditors was first set on January 7, 2020. Twenty-eight days have passed, and the Debtors have not performed their intention.


        Thus, pursuant to § 362(h)(1)(B), the automatic stay is terminated. In the alternative the Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. §§ 362(d)(1) and 362(d)(2). GRANT relief from Rule 4001(a)(3) stay. GRANT request under ¶ 2.


        APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


        Party Information

        Debtor(s):

        Rosemarie Colangelo Represented By

        M. Wayne Tucker

        Movant(s):

        BMW Bank of North America Represented By Cheryl A Skigin

        Trustee(s):

        Charles W Daff (TR) Pro Se

        11:00 AM

        6:19-21236


        Mireya Chavez


        Chapter 7


        #8.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2017 HONDA CIVIC, VIN: 2HGF C2F7 8HH5 42179


        MOVANT" HONDA LEASE TRUST


        EH     


        Docket 8

        Tentative Ruling: Tentative Ruling:

        2/4/20


        Service: Proper Opposition: None


        11 U.S.C. § 365 (d)(1):


        "In a case under Chapter 7 of this title, if the trustee does not assume or reject an executory contract or unexpired lease…of personal property of the debtor within sixty days after the order for relief [, that is the date the petition was filed]…then such contract or lease is deemed rejected."


        In this case, debtor, Mireya Chavez, filed a voluntary, no asset Chapter 7 petition on December 31, 2019. The trustee, Lynda T. Bui, has until February 29, 2020, sixty days after the petition was filed, to either reject or assume the lease.


        However, a trustee may not assume an executory contract when there has been a default by the Debtor unless the trustee (1) cures the default or provide for adequate assurance that the default will be promptly cured, (2) compensates or provides adequate assurance that the trustee will promptly compensate the other party for any

        11:00 AM

        CONT...


        Mireya Chavez


        Chapter 7

        pecuniary loss to the party resulting from the default, and (3) provides adequate assurance of future performance. 11 U.S.C. § 365(b). Lynda T. Bui has neither responding nor stated her intention in regards to this executory contract. Thus, pursuant to Local Bankruptcy Rule 9013-(h), the Court may deem this to be consent to the granting or denial of the motion, as the case may be. Furthermore, Debtor has stated an intent to surrender the vehicle. Dkt No. 1, Official Form 108.


        Based on the payment default and Debtor’s intention to surrender the vehicle, The Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. §§ 362(d)(1) and 362(d)(2), GRANT relief from Rule 4001(a)(3) stay, GRANT request under ¶ 2, and DENY relief, in the alternative, under ¶11 as moot.


        APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


        Party Information

        Debtor(s):

        Mireya Chavez Represented By

        Raj T Wadhwani

        Movant(s):

        HONDA LEASE TRUST Represented By Vincent V Frounjian

        Trustee(s):

        Lynda T. Bui (TR) Pro Se

        11:00 AM

        6:20-10261


        Humberto Picciotti


        Chapter 13


        #9.00 Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate 17930 Spring View Lane, Riverside, CA 92503


        MOVANT: HUMBERTO PICCIOTTI


        EH     


        Docket 9

        Tentative Ruling:

        TENTATIVE RULING:


        2/4/20


        Service: Improper Opposition: None


        The Court has reviewed the motion, and the service was improper. Debtor had a Chapter 13 voluntary petition, case number 16:19-bk-13444-MH ("Prior Case") pending within the preceding one year. Pursuant to 11 U.S.C. § 362(c)(3)(C)(i)(II) (cc), a case is presumed to be filed not in good faith as to all creditors if "a previous case under [chapter 13]…in which the individual was a debtor was dismissed within such 1-year period, after the debtor failed to perform…the terms of a plan confirmed by the court…"


        Debtor declared that his case was dismissed because his wife could not work. Dkt. No. 9, Decl. of Humberto Picciotti. His wife needed to complete her teaching credentials. Id. Thus, for the few months she was attempting to complete her teaching credentials, Debtor lacked that additional income. Id. This made him delinquent on his payments, which led his case to being dismissed. Id.


        Debtor now says his wife is gainfully employed. Also, his two adult children have moved-in and are able to contribute towards monthly expenses. Id.

        11:00 AM

        CONT...


        Humberto Picciotti


        Chapter 13


        However, the secured creditor, Lake Hills Maintenance Corporation (Lake Hills), whose collateral is the property at issue, 17930 Spring View Lane, Riverside, CA 92503, was not properly service pursuant to Rule 7004(h). Debtor served Lake Hills by certified mail at three places.


        Lake Hills Maintenance Corp. Indian Ave, Suite 140 Riverside, CA 92506

        Lake Hills Maintenance Corp. 31608 Railroad Canyon Road Sun City, CA 92587


        Lake Hills Maint. Corp.

        c/o The Avalon Management Group

        P.O. Box 52982 Phoenix, AZ 85072-2982


        None of these addresses fulfilled the service requirements for a corporation. Based on review of the Secretary of State’s website and prior claims filed, these are the addresses which the Court believes Lake Hills would have been properly served by certified mail:


        Lake Hills Maintenance Corp.

        Agent for Service of Process: Mark Jones 31608 Railroad Canyon Rd.

        Canyon Lake, CA 92587


        Or


        Lake Hills Maintenance Corp c/o Fiore, Racobs & Powers 6820 Indian Avenue, Suite 140

        Riverside, CA 92506


        Thus the Court will CONTINUE the motion, so Debtor can properly serve Lake Hills.

        11:00 AM

        CONT...


        Humberto Picciotti


        Chapter 13


        APPEARANCES REQUIRED.


        Party Information

        Debtor(s):

        Humberto Picciotti Represented By Barry E Borowitz

        Movant(s):

        Humberto Picciotti Represented By Barry E Borowitz

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:20-10358


        Christopher Lee Sawyer


        Chapter 13


        #10.00 Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate 2015 Dodge Challenger


        MOVANT: CHRISTOPHER LEE SAWYER


        EH     


        Docket 13

        Tentative Ruling:

        TENTATIVE RULING:


        2/4/20


        Service: Proper—shortened notice Opposition: None


        The Court has reviewed the motion, and the service was rendered on shortened notice. Debtor had a Chapter 13 voluntary petition, case number 16:19-bk-19480-MH ("Prior Case") pending within the preceding one year. Pursuant to 11 U.S.C. § 362(c)(3)(C) (i), a case is presumed to be filed not in good faith as to all creditors if "there has not been a substantial change in the financial or personal affairs of the debtor since the dismissal of the next most previous case under Chapter…13"


        A debtor can rebuttal this presumption by clear and convincing evidence. 3 Collier on Bankruptcy ¶ 362.06 (Richard Levin & Henry J. Sommer eds., 16th ed.). "[Clear and convincing evidence] is defined as that degree or measure of proof which will produce in the mind of the trier of fact, a firm belief or conviction that the allegations sought to be established as true; it is ‘evidence so clear, direct weight[,] and convincing as to enable the fact finder to come to a clear conviction, without hesitancy, of the truth of the precise facts of the case. In re Castaneda, 342 B.R. 90 (Bankr. S.D. Cal. 2006) (citing Charles I, 332 B.R. 538, 542 (Bankr. S.D. TX. 2005)).

        11:00 AM

        CONT...


        Christopher Lee Sawyer


        Chapter 13

        Debtor declared his Prior Case was dismissed because he requested his employer to change his payroll withholdings, but his request was rejected. His employer’s action caused him to not be able to make his first plan payment. Dkt No. 13, Decl. of Christopher Lee Sawyer. Debtor then asked the Court to voluntarily dismiss his case. His Prior Case was dismissed on January 10, 2020.


        "After receiving a letter from [Debtor’s] employer stating his request was rejected…[Debtor’s employer] proceeded with actually making the changes to [his] deductions. Id. This change, stated by the Debtor, will allow him to make the required plan payments with no additional tax liability. Debtor’s declaration implies that a payroll withholdings adjustment has given him more discretionary income.


        However, the evidence the Court has access to shows the contrary. Debtor’s Prior Case Schedule I shows gross wages of $9,339.00 and payroll deductions in the amount of $2,498.00, leaving a take-home-pay of $6,841.00. Compared to Debtor’s Schedule I which shows gross wages of $9,754.00 and deduction of 3,094.00, leaving a take-home pay of 6,660.00.


        As a percentage of his income, Debtor’s deduction increased by 4.97% compared to those of his Prior Case, and his gross wages increased by 4.44% compared to those of his Prior Case. The increase in his payroll deductions could not be explained by the increase in his income. Thus, the Court is skeptical of Debtor’s declaration.


        Furthermore, "[m]ere statements by the movement in the motion does not carry evidentiary weight. The movant must provide detailed, competent, evidence sufficient…to rebut the presumption of bad faith." In re Castaneda, 342 B.R. at 96. In this case, the Debtor did not provide evidence more than mere statements. He neither provided the request made to the employer, the letter rejecting his request, nor did he provide a paystub showing the change in payroll deductions.


        Debtor’s declaration, lacking detail or support, is insufficient to establish clear and convincing evidence to rebut the presumption pursuant to 11 U.S.C § 362(c)(3) that the case was filed in good faith regarding "what has changed so that the present plan is likely to succeed. In re Elliott-Cook, 357 B.R. 811, 814 (Bankr. N.D. Cal. 2006).


        On that basis, the Court is inclined to DENY the motion to continue the stay.

        11:00 AM

        CONT...


        Christopher Lee Sawyer


        Chapter 13


        APPEARANCES REQUIRED.


        Party Information

        Debtor(s):

        Christopher Lee Sawyer Represented By

        C Scott Rudibaugh

        Movant(s):

        Christopher Lee Sawyer Represented By

        C Scott Rudibaugh

        Trustee(s):

        Rod Danielson (TR) Pro Se

        2:00 PM

        6:17-15816


        Integrated Wealth Management Inc


        Chapter 11

        Adv#: 6:19-01100 Issa v. Delaney et al


        #11.00 CONT Status Conference RE: [1] Adversary case 6:19-ap-01100 Complaint by

    3. Michael Issa against Ryan Delaney, John Wong, DOES 1 through 10, inclusive. (Charge To Estate)($350.00) for: 1) Breach of Fiduciary Duty; and Negligence [Demand for Jury Trial] Nature of Suit: (14 (Recovery of money/property - other)) (Ignatuk, Joseph)


    From: 9/17/19, 10/15/19 EH         

    Docket 1

    *** VACATED *** REASON: CONTINUED TO 3/10/20 AT 2:00 P.M.

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Integrated Wealth Management Inc Represented By

    Andrew B Levin Robert E Opera Jim D Bauch

    Defendant(s):

    Ryan Delaney Represented By Paul A Reynolds

    John Wong Represented By

    David P Bleistein Lisa Hiraide

    Plaintiff(s):

    J. Michael Issa Represented By Joseph R Ignatuk

    2:00 PM

    6:18-16908


    Visiting Nurse Association of the Inland Counties


    Chapter 11


    #12.00 CONT Order (1) Setting Scheduling Hearing And Case Management Conference And (2) Requiring Status Report


    From: 8/28/18, 9/25/18, 10/30/18, 11/13/18, 12/18/18, 2/26/19, 3/27/19, 5/1/19, 7/30/19, 9/17/19, 11/19/19


    EH     


    Docket 4


    Tentative Ruling:


Billable Rates per professional:


Chapter 7


Professionals

Billable Hourly Rates

Senior Associate Attorney

$350

Law Clerk

$195

Senior Paralegal

$195

Paralegal

$175


The billable rates per the professionals are reasonable compared to the customary compensation charged by comparably skilled practitioners in cases other than cases under this title. Furthermore, Trustee’s Counsel filed this application for payment in accordance with Local Bankruptcy Rule 2016-1.


TENTATIVE RULING

Opposition: None Service: Proper


The applications for compensation of the Counsel for the Trustee has been set for hearing on the notice required by LBR 2016-1. Pursuant to the application of the Trustee’s Counsel, the Court is inclined to ALLOW the following administrative expenses:


Counsel Fees: $13,613.00

Counsel Expenses: $240.32


However, the Court will not authorize payment of fees outside of a final report and accounting to ensure there are sufficient funds to pay all administrative claims pro- rata.

APPEARANCES REQUIRED.


Party Information

11:00 AM

CONT...

Debtor(s):


Jasper Stevens and Brenda Louise Murray Stevens


Chapter 7

Jasper Stevens Represented By Gary S Saunders Frank X Ruggier

Joint Debtor(s):

Brenda Louise Murray Stevens Represented By Gary S Saunders Frank X Ruggier

Movant(s):

The Turoci Firm Represented By Todd L Turoci

Trustee(s):

Robert Whitmore (TR) Represented By Douglas A Plazak

11:00 AM

6:19-20544


Gregory A. Shipman


Chapter 13


#13.00 Motion to Avoid Lien Abstract of Judgment with Northrop Grumman Federal Credit Union


EH     


Docket 25

Tentative Ruling: 3/4/20

BACKGROUND


On December 3, 2019 ("Petition Date"), Gregory A. Shipman (hereinafter "Debtor") filed for Chapter 7 voluntary petition.


In his commencement document, Debtor stated that he resided at 8900 Sugarcane Court, Corona, California 92883 (hereinafter the "Property"). The Property was valued at $415,000, and it was alleged to secure a claim owed by Mr. Cooper in the amount of $281,000. Under Cal. Code of Civ. Proc. §704.730(a)(1), the Debtor claimed an exemption of $75,000 on the Property.


On January 13, 2020, Debtor filed an amended Schedule D. Dkt. No. 23. The amended Schedule D added another lien, from Wild Rose Ranch Community Association, on the Property, but because there was no amount owed on the lien, it stated a zero balance. Id.


On the same day, the Debtor also filed this motion, a motion to avoid the judicial lien entered for Northrup Grumman Federal Credit Union (hereinafter "Northrup"). The judgment was entered on August 19, 2019, in the amount of

$11,077.65. The Debtor alleges that the judgment lien is voidable pursuant to 11

U.S.C. §547(b)(4) because the lien was recorded on or within ninety days before the date of the filing of the petition. In the alternative, Debtor also claim the judicial lien is voidable pursuant to 11 U.S.C. 522(f).

11:00 AM

CONT...


Gregory A. Shipman


Chapter 13


DISCUSSION


The Court will now discuss each argument in that order, determining whether the lien is voidable pursuant to 11 U.S.C. §547(b) and then pursuant to 11 U.S.C. § 522(f).


A. 11 U.S.C §547(b)


It is easy to dispense this argument as not applicable.


11 U.S.C §547(b):


Except as provided in subsection (c) and (i) of this section, the trustee may avoid any transfer of an interest of the debtor in property (1) to or for the benefit of a creditor; (2) for or on account of an antecedent debt owed by the debtor before such transfer was made; (3) made while the debtor was insolvent; (4) made (A) on or within 90 days before the date of the filing of the petition; or (B) between ninety days and one year before the date of the filing of the petition, if such creditor at the time of such transfer was an insider…" (italicized for emphasis)


The statute is very clear that the discretion whether to avoid such a preferential lien lies with the trustee. This motion was filed by the Debtor, through his counsel.

Nothing in the motion—in the declaration or otherwise—allude to the Trustee, Rod Danielson, explicitly or implicitly, giving this power to the Debtor. Ranier & Assoc. v. Waldschmidt, 464 U.S. 935 (1983) (stating that all five enumerated criteria must be satisfied before a trustee may avoid any transfer of property as a preference.).

Therefore, the Court denies the avoidance of this lien pursuant to 11 U.S.C. §547(b).


B. 11 U.S.C §522(f)


  1. Exemptions


    11 U.S.C §522 is the principal section governing exemptions. 11 U.S.C § 522(d) lists certain types of properties and the amount the Debtor can exempt for such type. However, States have the opportunity to prohibit their residence from choosing

    11:00 AM

    CONT...


    Gregory A. Shipman


    Chapter 13

    the exemption stated in that subsection. 11 U.S.C. § 522(b).


    California happens to be one of those States. States that opted-out of the federal exemption scheme provided by 11 U.S.C § 522(d) can limit their residence to the exemptions available under applicable state and non-bankruptcy federal laws. 4 Collier on Bankruptcy ¶ 522.01 (Richard Levin & Henry J. Sommer eds., 16 ed.).


    Under Cal. Code of Civ. Proc. §730.050, the determination of whether property is exempt or the amount of an exemption shall be made by application of the exemption statutes in effect at (1) at the time the judgment creditor’s lien was created or (2) if the judgment creditor’s lien on the property is the latest in a series of overlapping liens, at the time the earliest lien in the series of overlapping liens was created.


    In this case, the first-lien holder, Mr. Cooper, recorded its lien on November 30, 2006, and the second-lien holder, Northrup, recorded its lien on September 11, 2019. Thus, as a series of overlapping liens, the date of the first lien recorded, November 30, 2006, is the determining date of the amount and exemption statute applicable.


    Operative since July 1, 1983, California gives its residence one of two options for a homestead exemption: (1) a debtor may elect a set of exemptions under Cal.

    Code of Civ. Proc. §703.140(b)(5), also known as the "wildcard exemption," or (2) claim the benefit of the homestead exemptions available to judgment debtors in Cal. Code of Civ. Proc. §703.730, which provides three different amounts—$75,000,

    $100,000, and $175,000. In re Pladson, 35 F.3d 462, 464 (9th Cir. Ct. App. 1994).


    In this case, the Debtor elected the provision under Cal. Civ. Proc. §704.730(a) (1), giving him an exemption in the amount of $75,000.


    The Court may not refuse to honor the exemption absent a valid statutory basis for doing so. Law v. Siegel 134 S. Ct. 1188 (2014) (stating a valid statutory basis would be for 11 U.S.C §§§ 522(c), 522(o), 522(q)). It appears that the Court has no statutory basis to refuse the exemption.


    Furthermore, Pursuant to Federal Rule of Bankruptcy Procedure Rule 4003(b)

    11:00 AM

    CONT...


    Gregory A. Shipman


    Chapter 13

    1. , a party in interest may file an objection to the list of property claimed as exempt the later of (1) within thirty days after the meeting of the creditors under §341(a) is concluded or (2) within thirty days after any amendment to the list or supplemental schedules is filed. The §341(a) meeting was held on January 15, 2020, the later of the two days. Thus, the time to object to an exemption has expired. 4 Collier on Bankruptcy ¶ 522.05[2][a] (Richard Levin & Henry J. Sommer eds., 16 ed.); see also Taylor v. Freeland & Kronz, 503 U.S. 638 (1992) (stating that "unless a party in interest objects, the property claimed as exempt…is exempt.")


  2. Valuation of the Property


    In 11 U.S.C. § 522(a)(2), "‘value’ is defined as ‘fair market value’ as of the date of the filing of the petition’ unless the property does not enter the estate until after the petition has been filed, in which case the value is determined ‘as of the date such property become property of the estate." 4 Collier on Bankruptcy ¶ 522.03[2] (Richard Levin & Henry J. Sommer eds., 16 ed.). See also Bfp v. Resolution Trust Corp., 511 U.S. 531, 537 (1994).


    Courts have not come to a widely decided valuation to be used under 11

    U.S.C. §522. Furthermore, "the subsection makes it clear that valuation is to be determined in light of the purpose of the valuation and the proposed disposition or use of the subject property." In re Todd, 194 B.R. 892 (Bankr. MT. 1996) (assessing a value of a home under 11 U.S.C. § 522(a)(2)). Nonetheless, the Court finds it appropriate that a comparable-sales approach should be used to evaluate a property that a debtor resides in.


    In addition, the majority of courts have adopted the approach that the appropriate date for valuing a collateral of fixing a secured creditor’s claim is the confirmation date or a date close to confirmation. In re Dheming, 2013 Bankr. Lexis 1166 (Bankr. N.D. Cal. 2013).


  3. Insufficient Evidence


Because the Debtor did not provide an appraisal of the Property on the confirmation date or close to it, the Court is unable to determine the value of the Property. Although the Court could possibly take judicial notice o the value of the

11:00 AM

CONT...


Gregory A. Shipman


Chapter 13

property form the debtor’s schedule, Debtor has not provided evidence of Mr. Cooper’s lien other than an unauthenticated mini bank statement showing a withdrawal to pay it. No deed of trust was provided or any other evidence in regards to the lien’s value. Thus, because of insufficient evidence, the Court denies this motion to avoid the judicial lien entered for Northrup pursuant to 11 U.S.C. §522(f).


TENTATIVE RULING

Opposition: None Service: Proper


As set forth above, the Court DENIES this motion pursuant to 11 U.S.C. §547(b) as not applicable and pursuant to 11 U.S.C. §522(f) for a lack of sufficient evidence.


APPEARANCES REQUIRED.


Party Information

Debtor(s):

Gregory A. Shipman Represented By Douglas A Plazak

Movant(s):

Gregory A. Shipman Represented By Douglas A Plazak

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-19286


Wilson Ronaldo Hernandez and Tatiana Camille Khabbaz


Chapter 7


#14.00 United States Trustee's Notice of Motion And Motion To Extend Dismissal And Discharge Deadlines Pursuant To 11 USC Sections 707 And 727 And Federal Rules Of Bankruptcy Procedure 1017 And 4004


EH     


Docket 25

Tentative Ruling: 3/4/20

BACKGROUND


On October 22, 2019 ("Petition Date"), Wilson Ronald Hernandez (hereinafter "Debtor") and Tatiana Camille Khabbaz (hereinafter "Joint Debtor") (hereinafter collectively "Debtors") filed for Chapter 7 voluntary petition. The deadline to object to the Debtors’ discharge was on January 24, 2020.


Under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Debtors petition was selected for reviewed by an independent auditor. 11

U.S.C. §586(f). The Auditors reviewed Debtors’ petition, schedules, and other information filed. The audit report identified two material misstatements: (1) an ownership interest in real property located at 16370 Manzanita Street, Hesperia, CA (hereinafter the "Property") was not reported on Debtors’ Schedule A/B, and (2) the amount reported on Form 122A-1, line 11, was understated by $1,812.62.


The Audit report was filed on December 30, 2019. The U.S. Trustee’s office reviewed the finding in the audit report, and, on January 22, 2020, agents of the U.S. Trustee’s office emailed an inquiry letter to the Debtors’ counsel, requesting Debtors to produce certain documents and explain their ownership interest in the Property.


Fearing that the discharge and dismissal deadlines will expire before the Debtors will respond to the inquiry, the U.S. Trustee now request a motion to extend the discharge and dismissal deadline by sixty days.

11:00 AM

CONT...


Wilson Ronaldo Hernandez and Tatiana Camille Khabbaz


Chapter 7


DISCUSSION


  1. Dismissal Deadline


    Fed. Rule of Bankr. Proc. 1017(e)(1):


    "…on request filed before the time has expired, the court[,] for cause[,] [can extend] the time for filing the motion to dismiss. The party filing the motion shall set forth in the motion all matters to be considered at the hearing. In addition, a motion to dismiss under § 707(b)(1) and (3) shall state with particularity the circumstances alleged to constitute abuse."


    When considering an extension of time to object to the Chapter 7 discharged, courts have compiled five "cause" factors which should be considered: (1) whether the movant had sufficient notice of the deadline and the information to file an objection,

    1. the complexity of the case, (3) whether the movant exercised diligence, (4) whether the debtor refused in bad faith to cooperate with the movant, and (5) the possibility that proceeding pending in another forum will result in collateral estoppel of the relevant issues. In re Nowinski, 291 B.R. 302 (Bankr. S.D.N.Y. 2003). Not all the factors may be applicable. In re Bomarito, 448 B.R. 242 (Bankr. E.D. Cal. 2011) (using four out of the five factors to determine whether a U.S. Trustee had cause to extend the discharged deadline).


    Even though, under 11 U.S.C §704(b)(1)(A), the U.S. Trustee is tasked to review all materials filed by the Debtors no later than ten days after the date of the first meeting of the creditors, in this case, December 5, 2019, the U.S. Trustee’s office only became aware of material misstatements after the audit was filed. Furthermore, the material misstatements required further inquiry and cooperation from the Debtors. Thus, factors one, two, and three weigh in favor of extending the dismissal deadline. Factor four and five are inapplicable.


  2. Discharge Deadline

11:00 AM

CONT...


Wilson Ronaldo Hernandez and Tatiana Camille Khabbaz

Fed. Rule of Bankr. Proc. 4004(b):


"On motion of any party in interest, after notice and hearing, the court may for cause extend the time to object to discharge…the motion shall be filed before the time has expired."


Chapter 7


The word ‘cause’ in this rule means the same as the word ‘cause’ in Fed. Rule Bankr. Proc. 1017. Sullivan v. Stroop, 496 U.S. 478 (1990) (applying the normal rule of statutory construction that identical words used in the same body of statutory law are intended to have the same meaning). Just like Fed Rule Bankr. Proc. 1017, Fed Rule of Bankr. Proc 4004(b) weighs the same factors. To restate and apply these factors would be redundant. Thus, factors one, two and three weigh in favor of extending the discharge deadline. Factor four and five are inapplicable.


TENTATIVE RULING

Opposition: None Service: Proper


Thus, for the reasons mentioned above, the Court GRANTS an extension of the dismissal deadline and discharge deadline by sixty days after the entering of this judgment.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


Party Information

Debtor(s):

Wilson Ronaldo Hernandez Represented By Cecil R Taylor

Joint Debtor(s):

Tatiana Camille Khabbaz Represented By Cecil R Taylor

11:00 AM

CONT...

Movant(s):


Wilson Ronaldo Hernandez and Tatiana Camille Khabbaz


Chapter 7

United States Trustee (RS) Represented By Cameron C Ridley

Trustee(s):

Arturo Cisneros (TR) Pro Se

11:00 AM

6:17-18617


Christy Carmen Hammond


Chapter 7


#15.00 Application for Compensation -- The Turoci Firm's Application for Payment of Final Fees and/or Expenses; Supplement and Declaration of Julie Philippi in Support Thereof with Exhibits 1-3 and Proof of Service for The Turoci Firm, Trustee's Attorney, Period: 8/10/2018 to 12/23/2019, Fee: $12274.50, Expenses: $180.54.


EH     


Docket 62

Tentative Ruling: 3/4/20

BACKGROUND


On October 16, 2017 ("Petition Date"), Christy Carmen Hammond (hereinafter "Debtor") filed for Chapter 7 voluntary petition. Robert S. Whitmore (hereinafter "Trustee") was appointed as the Chapter 7 Trustee.


On September 7, 2018, the Trustee filed a motion to employ the Turoci Firm as his general counsel to assist in the recovery of estate property and to advise the Trustee concerning rights and remedies of the bankruptcy estate. The motion asked the request to be approved as of August 10, 2018 because the firm began to render services on that date. The application was approved by the Court on October 10, 2018 and was effective as of August 8, 2019. The Court required that the firm be paid only after a fee application is filed and approved.


As of December 26, 2019, the lead attorney for the Turoci Firm, Julie Philippi, was no longer employed by the firm. Thus, the Turoci Firm and the Trustee decided it was best to dissolve their attorney-client relationship. The Turoci Firm proceeded to file an application for payment of final fees and expenses, requesting fees in the amount of $12,274.50 and expenses in the amount of $180.54.

11:00 AM

CONT...


Christy Carmen Hammond


Chapter 7

DISCUSSION


Pursuant to 11 U.S.C §330, the court may award a profession person employed under 11 U.S.C. §327, which considers an attorney a "professional person." In determining the amount of reasonable compensation to be awarded to a professional person, the Court shall consider the nature, the extent, and the value of such services, taking into account all relevant factors, including (1) the time spent on such services;

  1. the rates charged for such services; (3) whether the services were necessary to the administration, (4) whether the services were performed within a reasonable amount of time, (5) whether the person is board certified or otherwise had demonstrated skill and experience in the bankruptcy field, and (6) whether the compensation is reasonable based on the customary compensation charged by comparably skilled practitioners in cases other than cases under this title. 11 U.S.C. § 330(a)(3).


    1. Whether the Services Were Necessary


      The Trustee discovered there was non-exempt equity in real property at 5918 Ridgegate Drive, Chino Hills, California 91709 (the "Property"). Before proceeding to liquidate the Property and distribute the sale proceeds, the Trustee asked the Turoci Firm to review and analyze Debtor’s documents to assist in the recovery of the Property. The firm prepared and filed an objection to Debtor’s homestead exemption and a compliant for declaratory relief and turnover of the property. Furthermore, it replied to an opposition to employ a real estate broker.


      Turoci Firm alleges that its services will result in a judgment against defendant, compelling the defendant to turn over the Property, vacating the Property within twenty days, and awarding the Property to the Trustee. Even though Turoci Firm’s result are speculative, the filing of said documents were instrumental in the Trustee making a claim for the Property. With such a potential benefit to the estate, the necessity of the services rendered weigh in favor in the reasonableness of the compensation being asked for.


    2. The Time Spent on Such Service and the Reasonableness of When the Service was Performed


      The Turoci Firm spent a total of 43.30 hours of billable time. This is

      11:00 AM

      CONT...


      Christy Carmen Hammond


      Chapter 7

      reasonable, considering the due diligence and preparation required to file an application to employ a real estate broker, a motion for turnover of property and for order compelling debtor to vacate and subsequent response, and a motion to object to Debtor’s homestead exemption. Dkt. Nos. 33, 37, 40, and 49. Thus, these two factors weigh in favor of the reasonableness of the compensation being asked for.


    3. The Qualification of the Firm


      The Senior Associate Attorney is board certified as a specialist in consumer bankruptcy law. Dkt. No. 94, Ex. 3. The law clerks and paralegals who worked on this matter had a combined experience of more than fifteen years in the bankruptcy industry. Id. This weighs in favor of the reasonableness of the compensation being asked for.


    4. Rates Charged for Such Service


      Billable Rates per professional:


      Professionals

      Billable Hourly Rates

      Senior Associate Attorney

      $350

      Law Clerk

      $195

      Law Clerk

      $195

      Senior Paralegal

      $195

      Paralegal

      $175


      The billable rates per the professionals are reasonable compared to the customary compensation charged by comparably skilled practitioners in cases other than cases under this title. Furthermore, Trustee’s Counsel filed this application for payment in accordance with Local Bankruptcy Rule 2016-1.


      TENTATIVE RULING

      Opposition: None Service: Proper

      11:00 AM

      CONT...


      Christy Carmen Hammond


      Chapter 7


      The applications for compensation of the Counsel for the Trustee has been set for hearing on the notice required by LBR 2016-1. Pursuant to the application of the Trustee’s Counsel, the Court is inclined to ALLOW the following administrative expenses:


      Counsel Fees: $12,274.50

      Counsel Expenses: $180.54


      However, the Court will not authorize payment of fees outside of a final report and accounting to ensure there are sufficient funds to pay all administrative claims pro- rata.

      APPEARANCES REQUIRED.


      Party Information

      Debtor(s):

      Christy Carmen Hammond Represented By Eric C Morris

      Movant(s):

      The Turoci Firm Represented By Todd L Turoci

      Trustee(s):

      Robert Whitmore (TR) Represented By Douglas A Plazak

      11:00 AM

      6:17-20092


      Mark Bastorous and Bernadette Shenouda


      Chapter 7


      #16.00 Chapter 7 Trustee's Motion for Order Authorizing Substantive Consolidation of the Debtors' Estate with 37 Related Businesses of the Debtors


      Also #17 EH     

      Docket 105


      Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Mark Bastorous Represented By Thomas F Nowland

        Joint Debtor(s):

        Bernadette Shenouda Represented By Thomas F Nowland

        Movant(s):

        John P Pringle (TR) Represented By David M Goodrich Reem J Bello

        Trustee(s):

        John P Pringle (TR) Represented By David M Goodrich Reem J Bello

        11:00 AM

        6:17-20092


        Mark Bastorous and Bernadette Shenouda


        Chapter 7


        #17.00 Chapter 7 Trustee's Motion for Order Extending Time to File Actions Under 11

        U.S.C. § 546(a) Also #16

        EH     


        Docket 107

        Tentative Ruling:

        3/4/20

        BACKGROUND


        On December 18, 2017 (hereinafter the "Petition Date"), Mark Bastorous (hereinafter "Debtor") and Bernadette Shenouda (hereinafter "Joint Debtor") (collectively hereinafter ("Debtors") filed a Chapter 7 voluntary petition.

        Subsequently, John P Pringle (hereinafter "Trustee") was appointed to the case as the Chapter 7 Trustee.


        In their commencement documents, Debtors listed thirty-seven business entities owned, in part or in whole. The Trustee in fulfilling his duties requested that the Court employ an accounting firm, Hahn Fife & Company, to provide tax preparation, review financial documents, and analyze potential assets. Dkt No. 85.

        The Court granted the order to employ the accounting firm, and it was entered on March 18, 2019. Dkt. No. 89.


        Hahn Fife & Company examined the financial records produced by the Debtors. The accounting firm concluded that (1) Debtors transferred significant funds between the business entities they owned, (2) Debtors comingled assets and (3) controlled the cash flow between entities without regard to the separate corporate existence of each. Dkt. No. 105; Decl. of Donald T. Fife.

        On November 1, 2019, the Trustee filed a motion for an order extending the

        11:00 AM

        CONT...


        Mark Bastorous and Bernadette Shenouda


        Chapter 7

        time to file actions under 11 U.S.C §546(a) (hereinafter the "First Motion"). The Trustee asked for the time to be extended to March 6, 2020. The motion was granted. The Trustee now files the same motion for the second time asking for a further sixty- day extension of the deadline.


        Simultaneously, the Trustee has also filed a motion to substantially consolidate Debtors’ assets and liabilities with the assets and liabilities of the thirty-seven business entities owned, in part or in whole, by Debtors. Dkt. No. 105. Trustee alleges that he needs the additional time to (1) attend depositions scheduled by the Office of the United States Trustee on March 20, 2020, (2) finish the review of financial records and bank statements for all thirty-seven business entities, (3) attain the approval for the motion for substantive consolidation, and (4) to file approximately eighty avoidance complaints. Dkt. No. 107.


        DISCUSSION


        11 U.S.C. § 546(a) states:


        1. An action or proceeding under section 544, 545, 547, 548, or 553 of this title may not be commenced after the earlier of –

          1. the later of –

            1. 2 years after the entry of the order for relief; or

            2. 1 year after the appointment or election of the first trustee under section 702, 1104, 1163, 1202, or 1302 of this title if such appointment or such election occurs before the expiration of the period specified in subparagraph (A); or

          2. the time the case is closed or dismissed.

            Here, application of § 546(a) would result in a deadline to file avoidance actions of Mach 6, 2020– more than two years from the date Debtors filed their petition.

            11:00 AM

            CONT...


            Mark Bastorous and Bernadette Shenouda

            Trustee asserts that when the motion for substantive consolidation is granted,


            Chapter 7

            which it has, he plans to file approximately eighty avoidance actions. More importantly, if said order is entered after March 6, 2020, then those eighty avoidance actions will be subject to dismissal because they will be filed after the deadline set by the Court, which was previously extended.


            The majority of courts have held that because the deadline imposed by 11

            U.S.C. § 546(a) is not jurisdictional in nature, it may be waived by a defendant, either through failure to raise the defense or through stipulation. See, e.g., In re Pugh, 158 F.3d 530, 533-34 (5th Cir. 1998) (Section 546(a) statute of limitations is subject to waiver).


            Additionally, the section 546(a) deadline is subject to equitable tolling. See, e.g., In re Milby, 875 F.3d 1229 (9th Cir. 2017). As the Ninth Circuit stated in In re Milby:

            The doctrine of equitable tolling is read into every federal statute of limitation. Indeed, we have previously applied equitable tolling to § 546(a)(1). A litigant seeking equitable tolling bears the burden of establishing two elements: (1) that he has been pursuing his rights diligently, and (2) that some extraordinary circumstance stood in his way and prevented timely filing.


            The Trustee alleges that he has diligently pursued the estate’s potential rights in connection with potential avoidance claims. He filed a motion to employ an accounting firm, to extend the time twice, to consolidate. Furthermore, he claims that the avoidance actions being contemplated would benefit all the creditors.


            Trustee goes on to allege that extraordinary circumstances—lengthy reviews of puzzling financial statements between related entities, third parties, and the Debtors— and Debtors’ delay in production of documents stood in his way and would prevent timely filing. The Court agrees and finds that the Trustee has met his burden.


            TENTATIVE RULING

            Opposition: None Service: Proper

            11:00 AM

            CONT...


            Mark Bastorous and Bernadette Shenouda


            Chapter 7


            Thus, for the reasons mentioned above, the Court GRANTS an extension of the time to file actions under 11 U.S.C. §546(a) by sixty days after the entry of an order granting the motion.


            APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


            Party Information

            Debtor(s):

            Mark Bastorous Represented By Thomas F Nowland

            Joint Debtor(s):

            Bernadette Shenouda Represented By Thomas F Nowland

            Movant(s):

            John P Pringle (TR) Represented By David M Goodrich Reem J Bello

            Trustee(s):

            John P Pringle (TR) Represented By David M Goodrich Reem J Bello

            11:00 AM

            6:20-10904


            Adlakha & Patel Enterprise Inc


            Chapter 7


            #18.00 Order to show cause why case should not be dismissed for failure to comply with Local Rule 9011-2(a)


            EH     


            Docket 3

            *** VACATED *** REASON: CASE DISMISSED 2/24/20

            Tentative Ruling:

      • NONE LISTED -

        Party Information

        Debtor(s):

        Adlakha & Patel Enterprise Inc Pro Se

        Trustee(s):

        Robert Whitmore (TR) Pro Se

        11:00 AM

        6:20-10857


        Arturo Garcia, Jr. and Sandra Garcia


        Chapter 7


        #19.00 Order to show cause why this case should not be dismissed EH     

        Docket 8

        *** VACATED *** REASON: ORDER TO SHOW CAUSE RESOVLED

        Tentative Ruling:

      • NONE LISTED -

        Party Information

        Debtor(s):

        Arturo Garcia Jr. Represented By

        Lisa F Collins-Williams

        Joint Debtor(s):

        Sandra Garcia Represented By

        Lisa F Collins-Williams

        Trustee(s):

        Robert Whitmore (TR) Pro Se

        11:00 AM

        6:20-10467


        Henry R. Huizar, Jr and Sara Huizar


        Chapter 7


        #20.00 Order to appear and show cause why case should not be dismissed for failure to provide evidence of Power of Attorney


        EH     


        Docket 0


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Henry R. Huizar Jr Represented By Stephen K Moran

        Joint Debtor(s):

        Sara Huizar Represented By

        Stephen K Moran

        Trustee(s):

        Arturo Cisneros (TR) Pro Se

        2:00 PM

        6:19-18136


        Arlene M Malkin


        Chapter 7

        Adv#: 6:19-01174 Navarro v. Malkin


        #21.00 Status Conference RE: [1] Adversary case 6:19-ap-01174. Complaint by Norma Navarro against Arlene Malkin . (d),(e))) ,(62 (Dischargeability - 523(a)(2), 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))


        EH     


        Docket 1

        *** VACATED *** REASON: CONTINUED TO 4/1/20 AT 2:00 P.M.

        Tentative Ruling:

      • NONE LISTED -

        Party Information

        Debtor(s):

        Arlene M Malkin Represented By Summer M Shaw

        Defendant(s):

        Arlene Malkin Pro Se

        Plaintiff(s):

        Norma Navarro Represented By Shalini Dogra

        Trustee(s):

        Arturo Cisneros (TR) Pro Se

        2:00 PM

        6:13-27344


        Douglas J Roger, MD, Inc., A Professional Corporat


        Chapter 7

        Adv#: 6:15-01307 Revere Financial Corporation v. OIC MEDICAL CORPORATION, a


        #22.00 CONT Status Conference RE: [1] Adversary case 6:15-ap-01307. Complaint by

        A. Cisneros against OIC MEDICAL CORPORATION, a California corporation, LIBERTY ORTHOPEDIC CORPORATION, a California corporation, UNIVERSAL ORTHOPAEDIC GROUP, a California corporation. (Charge To Estate $350). for Avoidance, Recovery, and Preservation of Preferential and Fraudulent Transfers (with Adversary Proceeding Cover Sheet) Nature of Suit: (12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other))


        From: 12/30/15, 2/24/16, 4/13/16, 6/22/16, 8/24/16, 11/2/16, 2/1/17, 3/8/17, 7/12/17, 9/13/17, 11/15/17, 2/14/18, 5/16/18, 7/25/18, 8/22/18, 10/31/18,

        11/14/18, 12/12/18, 12/19/18, 3/27/19, 6/12/19, 7/31/19


        EH     


        Docket 1

        *** VACATED *** REASON: ADVANCED TO 11/20/19 AT 2:00 P.M.

        Tentative Ruling:

      • NONE LISTED -

        Party Information

        Debtor(s):

        Douglas J Roger, MD, Inc., A Represented By Summer M Shaw Michael S Kogan George Hanover

        Defendant(s):

        OIC MEDICAL CORPORATION, a Represented By

        Misty A Perry Isaacson

        LIBERTY ORTHOPEDIC Represented By

        Misty Perry Isaacson

        2:00 PM

        CONT...


        Douglas J Roger, MD, Inc., A Professional Corporat

        Misty A Perry Isaacson


        Chapter 7

        UNIVERSAL ORTHOPAEDIC Represented By

        Misty Perry Isaacson Misty A Perry Isaacson

        Plaintiff(s):

        Revere Financial Corporation Represented By Franklin R Fraley Jr

        Trustee(s):

        Arturo Cisneros (TR) Represented By Chad V Haes

        D Edward Hays Franklin R Fraley Jr

        2:00 PM

        6:13-16964


        Narinder Sangha


        Chapter 7

        Adv#: 6:13-01171 Schrader v. Sangha


        #23.00 CONT Pre-Trial Conference RE: [1] Adversary case 6:13-ap-01171. Complaint by Charles Edward Schrader against Narinder Sangha . willful and malicious injury))


        From: 4/17/19, 5/22/19, 8/28/19, 11/6/19, 1/29/20


        EH     


        Docket 1


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Narinder Sangha Represented By Deepalie M Joshi

        Defendant(s):

        Narinder Sangha Represented By Deepalie M Joshi Charity J Manee

        Plaintiff(s):

        Charles Edward Schrader Pro Se

        Trustee(s):

        Karl T Anderson (TR) Pro Se

        2:00 PM

        6:18-10371


        Lauren David


        Chapter 7

        Adv#: 6:19-01165 Cisneros v. David


        #24.00 CONT Status Conference RE: [6] Amended Complaint (corrected name of Defendant) by Carmela Pagay on behalf of A. Cisneros against Anthony J David. (RE: related document(s)1 Adversary case 6:19-ap-01165. Complaint by

        A. Cisneros against Anthony J. Davis. (Charge To Estate- $350.00). (Attachments: # 1 Adversary Coversheet) Nature of Suit: (31 (Approval of sale of property of estate and of a co-owner - 363(h))),(11 (Recovery of

        money/property - 542 turnover of property)) (Pagay, Carmela) Modified on 11/22/2019. filed by Plaintiff A. Cisneros). (Attachments: # 1 Adversary Coversheet) (Pagay, Carmela)


        From: 1/15/20 EH     

        Docket 6


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Lauren David Represented By Salvatore Bommarito

        Defendant(s):

        Anthony J David Pro Se

        Plaintiff(s):

        A. Cisneros Represented By

        Carmela Pagay

        Trustee(s):

        Arturo Cisneros (TR) Represented By Todd A Frealy

        2:00 PM

        CONT...


        Lauren David


        Chapter 7

        2:00 PM

        6:17-20092


        Mark Bastorous


        Chapter 7

        Adv#: 6:18-01063 Chen et al v. Bastorous et al


        #25.00 CONT Status Conference re Amended Complaint by Douglas L Mahaffey on behalf of Chienan Chen, Chun-Wu Li against Bernadette Shenouda, 3 Columnar Ladera LLC, Mike Bareh, Mark Bastorous, MB Capital Group LLC. (Dismissed as to Bernadette Shenouda 1/2/19)


        From: 5/9/18, 6/6/18, 8/22/18, 10/31/18, 2/27/19, 6/12/19, 1/15/20


        EH     


        Docket 5


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Mark Bastorous Represented By Thomas F Nowland

        Defendant(s):

        Mark Bastorous Represented By Thomas F Nowland

        3 Columnar Ladera LLC Pro Se

        Mike Bareh Represented By

        Mirco J Haag Jason E Goldstein

        MB Capital Group LLC Pro Se

        Bernadette Shenouda Represented By Thomas F Nowland

        2:00 PM

        CONT...


        Mark Bastorous


        Chapter 7

        Joint Debtor(s):

        Bernadette Shenouda Represented By Thomas F Nowland

        Plaintiff(s):

        Chun-Wu Li Represented By

        Douglas L Mahaffey

        Chienan Chen Represented By Douglas L Mahaffey

        Trustee(s):

        John P Pringle (TR) Represented By David M Goodrich Reem J Bello

        2:00 PM

        6:16-14273


        Allied Injury Management, Inc.


        Chapter 11

        Adv#: 6:16-01225 Cambridge Medical Funding Group II, LLC v. Allied Injury Management,


        #26.00 CONT Status Conference Re: Complaint by Cambridge Medical Funding Group II, LLC against Allied Injury Management, Inc., John C. Larson. 02 - Other e.g. other actions that would have been brought in state court if unrelated to bankruptcy

        HOLDING DATE


        From: 11/1/16, 12/6/16, 1/31/17, 2/28/17, 3/28/17, 5/30/17, 8/29/17, 10/3/17, 11/28/17, 1/30/18, 4/10/18, 4/24/18, 6/26/18, 9/25/18, 11/27/18, 2/26/19,

        4/10/19, 6/12/19, 8/28/19, 11/6/19, 2/12/20


        EH     


        Docket 1


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Allied Injury Management, Inc. Represented By Alan W Forsley

        Defendant(s):

        Allied Injury Management, Inc. Represented By Alan W Forsley

        John C. Larson Pro Se

        Plaintiff(s):

        Cambridge Medical Funding Group Represented By

        Kenneth Hennesay

        Trustee(s):

        David M Goodrich (TR) Represented By

        2:00 PM

        CONT...


        Allied Injury Management, Inc.


        Mark S Horoupian Jason Balitzer Victor A Sahn Steven Werth


        Chapter 11

        2:00 PM

        6:15-14230


        Home Security Stores, Inc.


        Chapter 7

        Adv#: 6:17-01085 PRINGLE v. Winn et al


        #27.00 Motion to Withdraw as Attorney of Seth W. Wiener EH     

        Docket 75


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Home Security Stores, Inc. Represented By Winfield S Payne III

        Defendant(s):

        Ralph Winn Represented By

        Douglas A Plazak

        Sterling Security Service, Inc. Represented By Seth W Wiener

        Natalia V Knoch Represented By Seth W Wiener

        Steven B Knoch Represented By Seth W Wiener

        Stacy Winn Represented By

        Douglas A Plazak

        Movant(s):

        Sterling Security Service, Inc. Represented By Seth W Wiener

        Natalia V Knoch Represented By Seth W Wiener

        2:00 PM

        CONT...


        Home Security Stores, Inc.


        Chapter 7

        Steven B Knoch Represented By Seth W Wiener

        Plaintiff(s):

        JOHN P PRINGLE Represented By Charity J Manee Robert P Goe

        Trustee(s):

        John P Pringle (TR) Represented By Robert P Goe Charity J Manee

        2:00 PM

        6:18-10939


        Vance Zachary Johnson


        Chapter 7

        Adv#: 6:18-01100 Zamucen & Curren LLP v. Johnson


        #28.00 Motion For Summary Judgment Or Summary Adjudication Of The Adversary Complaint To Determine That Debts To Be paid To Zamucen & Curren, LLP Are Nondischargeable Domestic Support Obligations


        Also #29 EH     

        Docket 51


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Vance Zachary Johnson Represented By Robert P Goe

        Defendant(s):

        Vance Zachary Johnson Represented By Robert P Goe Stephen Reider

        Movant(s):

        Zamucen & Curren LLP Represented By Patricia J Grace

        Plaintiff(s):

        Zamucen & Curren LLP Represented By Patricia J Grace

        Trustee(s):

        Todd A. Frealy (TR) Represented By

        2:00 PM

        CONT...


        Vance Zachary Johnson


        Monica Y Kim


        Chapter 7

        2:00 PM

        6:18-10939


        Vance Zachary Johnson


        Chapter 7

        Adv#: 6:18-01100 Zamucen & Curren LLP v. Johnson


        #29.00 CONT Status Conference RE: [1] Adversary case 6:18-ap-01100. Complaint by Zamucen & Curren LLP against Vance Zachary Johnson . (d),(e)))


        From: 7/31/18, 10/3/18, 1/9/19, 1/30/19, 2/27/19, 7/3/19, 7/17/19, 10/16/19


        Also #28 EH     

        Docket 1


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Vance Zachary Johnson Represented By Robert P Goe

        Defendant(s):

        Vance Zachary Johnson Represented By Robert P Goe Stephen Reider

        Plaintiff(s):

        Zamucen & Curren LLP Represented By Patricia J Grace

        Trustee(s):

        Todd A. Frealy (TR) Represented By Monica Y Kim

        2:00 PM

        6:13-29922


        Nancy Ann Howell


        Chapter 7

        Adv#: 6:14-01070 Law Office of Andrew S. Bisom et al v. Howell


        #30.00 CONT Motion For Summary Judgment

        (Holding Date)


        From: 12/2/15, 2/17/16, 3/2/16, 3/16/16, 4/27/16, 9/21/16, 12/14/16, 6/21/17, 1/24/18, 1/31/18, 5/30/18, 10/10/18, 2/27/19, 8/28/19, 11/6/19, 1/15/20, 2/12/20


        Also #31 EH     

        Docket 62

        *** VACATED *** REASON: UNDER SUBMISSION PER ORDER ENTERED 3/3/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Nancy Ann Howell Pro Se

        Defendant(s):

        Nancy Ann Howell Pro Se

        Movant(s):

        Law Office of Andrew S. Bisom Represented By

        Andrew S Bisom

        Plaintiff(s):

        Law Office of Andrew S. Bisom Represented By

        Andrew S Bisom

        Eisenberg Law Firm, APC Represented By Andrew S Bisom

        2:00 PM

        CONT...

        Trustee(s):


        Nancy Ann Howell


        Chapter 7

        Steven M Speier (TR) Pro Se

        2:00 PM

        6:13-29922


        Nancy Ann Howell


        Chapter 7

        Adv#: 6:14-01070 Law Office of Andrew S. Bisom et al v. Howell


        #31.00 CONT Status Conference RE: [1] Adversary case 6:14-ap-01070. Complaint by Law Office of Andrew S. Bisom, Eisenberg Law Firm, APC against Nancy Ann Howell. false pretenses, false representation, actual fraud)),(68 (Dischargeability - 523(a)(6), willful and malicious injury))


        From: 5/14/14, 7/2/14, 12/10/14, 3/18/15, 4/22/15, 5/20/15, 7/22/15, 10/28/15, 12/2/15, 2/17/16, 3/2/16, 3/16/16, 4/27/16, 9/21/16, 12/14/16, 6/21/17, 1/24/18,

        1/31/18, 5/30/18, 10/10/18, 2/27/19, 8/28/19, 11/6/19, 1/15/20, 2/12/20


        Also #30 EH     

        Docket 1

        *** VACATED *** REASON: UNDER SUBMISSION PER ORDER ENTERED 3/3/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Nancy Ann Howell Pro Se

        Defendant(s):

        Nancy Ann Howell Pro Se

        Plaintiff(s):

        Eisenberg Law Firm, APC Represented By Andrew S Bisom

        Law Office of Andrew S. Bisom Represented By

        Andrew S Bisom

        2:00 PM

        CONT...

        Trustee(s):


        Nancy Ann Howell


        Chapter 7

        Steven M Speier (TR) Pro Se


        Thursday, March 5, 2020

        Hearing Room

        303


        1:00 PM

        6:19-21185


        Sunyeah Group Corporation


        Chapter 11


        #1.00 CONT Motion for Order: (1) Authorizing Employment of Tauber-Arons, Inc. as Auctioneer; (2) Approving Stipulation with Landlord Regarding Sale; and (3) Authorizing Sale of Equipment Assets Free and Clear of Claims, Liens and Interests, and Subject to Stipulation


        From: 3/2/20 EH     

        Docket 36

        Debtor(s):

        *** VACATED *** REASON: ORDER ENTERED 3/4/20

        Party Information

        Sunyeah Group Corporation Represented By David B Golubchik Jeffrey S Kwong

        Movant(s):

        Sunyeah Group Corporation Represented By David B Golubchik Jeffrey S Kwong

        11:00 AM

        6:16-15453

        Brenda Fleming Bell

        Chapter 13


        #1.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 5660 San Maruno Way, Rancho Cucamonga, California 91739


        MOVANT: NEWREZ LCC


        From: 2/11/20 EH     

        Docket 59


        Tentative Ruling:

        2/11/2020


        Service: Proper Opposition: Late

        Parties to apprise Court of status of arrears. APPEARANCES REQUIRED.

        Party Information

        Debtor(s):

        Brenda Fleming Bell Represented By Suzette Douglas

        Movant(s):

        NewRez LLC dba Shellpoint Represented By Kirsten Martinez Julian T Cotton

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:17-19890


        Katrina Renee McDowell


        Chapter 13


        #2.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 48309 Garbo Drive, Indio, CA 92201


        MOVANT: US BANK TRUST NATIONAL ASSOCIATION


        EH     


        Docket 97

        *** VACATED *** REASON: CONTINUED TO 3/24/20 AT 11:00 AM

        Tentative Ruling:

      • NONE LISTED -

        Party Information

        Debtor(s):

        Katrina Renee McDowell Represented By Jenny L Doling

        Movant(s):

        U.S. Bank Trust National Represented By

        Lemuel Bryant Jaquez

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:18-10636


        Alejandro J. Casillas and Patricia Casillas


        Chapter 13


        #3.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2016 Jeep Renegade Latitude


        MOVANT: LBS FINANCIAL CREDIT UNION


        EH     


        Docket 51

        Tentative Ruling: Tentative Ruling:

        3/4/20


        Service: Proper Opposition: Debtors


        Even though the retail installment sale contract is illegible, by providing the vehicle registration inquiry report, Kelly Blue Book Value of the property, and the current value of the claim, pursuant to U.S.C. § 362(d)(1), the movant, LBS Financial Credit Union (hereinafter "LBS") has established that its interest is not adequately protected. In re Gauvin, 24 B.R. 578, 580 (B.A.P. 9th Cir. 1982).


        The burden now shifts to the opposing party, the Debtors, to show that the collateral is not declining in value, the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise, or that there is a significant likelihood of a successful reorganization in a reasonable time. 3 Collier on Bankruptcy

        ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.).


        Debtors responded to this motion. They provided evidence of the vehicle being insured and claim that they will cure the defect by the hearing date or enter into an adequate protection to cure the default.


        Parties are to update the Court as to the status of adequate protection discussions.

        11:00 AM

        CONT...


        Alejandro J. Casillas and Patricia Casillas


        Chapter 13


        APPEARANCES REQUIRED.


        Party Information

        Debtor(s):

        Alejandro J. Casillas Represented By Tina H Trinh

        Joint Debtor(s):

        Patricia Casillas Represented By Tina H Trinh

        Movant(s):

        LBS Financial Credit Union Represented By Karel G Rocha

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:18-14149


        Alfredo Pena and Veronica Pena


        Chapter 13


        #4.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 36220 Pursh Drive, Lake Elsinore, CA 92532


        MOVANT: WELLS FARGO BANK NA


        EH      


        Docket 42

        *** VACATED *** REASON: ORDER ENTERED 2/27/20

        Tentative Ruling:

      • NONE LISTED -

        Party Information

        Debtor(s):

        Alfredo Pena Represented By

        Dana Travis Milton Williams

        Joint Debtor(s):

        Veronica Pena Represented By Dana Travis

        Movant(s):

        Wells Fargo Bank, N.A. Represented By Darlene C Vigil Norman Harrison

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-10052


        Dwayne J. Williams and Dana S. Williams


        Chapter 13


        #5.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 8392 Saddle Creek Dr.

        Riverside, California 92509


        MOVANT: THE BANK OF NEW YORK MELLON


        From: 1/28/20, 2/4/20, 2/25/20 EH     

        Docket 60

        *** VACATED *** REASON: ORDER ENTERED 2/26/20

        Tentative Ruling:

        1/28/2020


        Service is Proper Opposition: Yes

        Parties to apprise the Court of the status of adequate protection discussions, if any. APPEARANCES REQUIRED.

        Party Information

        Debtor(s):

        Dwayne J. Williams Represented By Michael Jay Berger

        Joint Debtor(s):

        Dana S. Williams Represented By Michael Jay Berger

        Movant(s):

        The Bank of New York Mellon, et al Represented By

        Anna Landa

        11:00 AM

        CONT...


        Trustee(s):


        Dwayne J. Williams and Dana S. Williams

        Bonni S Mantovani Christopher Giacinto


        Chapter 13

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-10486


        Nagazaki Lung and Veronica Lung


        Chapter 13


        #6.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 42316 Via Consuelo Ct, Temecula, California 92592


        MOVANT: CARRINGTON MORTGAGE SERVICES, LLC


        From: 2/11/20, 2/25/20 EH     

        Docket 27

        *** VACATED *** REASON: ORDER ENTERED 2/26/20

        Tentative Ruling:

        2/11/2020


        Service: Proper Opposition: Late

        Movant to apprise Court of status of arrears. APPEARANCES REQUIRED.

        Party Information

        Debtor(s):

        Nagazaki Lung Represented By Nathan Fransen

        Joint Debtor(s):

        Veronica Lung Represented By Nathan Fransen

        Movant(s):

        Carrington Mortgage Services, LLC Represented By

        Anna Landa

        11:00 AM

        CONT...


        Trustee(s):


        Nagazaki Lung and Veronica Lung


        Diana Torres-Brito Julian T Cotton


        Chapter 13

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-10932


        Malta Centeno Lambert


        Chapter 13


        #7.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 834 Hurstland Avenue, Beaumont, California 92223


        MOVANT: CARRINGTON MORTGAGE SERVICES LLC


        From: 1/7/20, 2/11/20 EH      

        Docket 33

        *** VACATED *** REASON: PER STIPULATED ORDER ENTERED

        3/9/20

        Tentative Ruling:

        1/7/2020


        Service is Proper Opposition: Late

        Parties to apprise the Court of the status of adequate protection discussions, if any. APPEARANCES REQUIRED.

        Party Information

        Debtor(s):

        Malta Centeno Lambert Represented By Yelena Gurevich

        Movant(s):

        Carrington Mortgage Services, LLC Represented By

        Eric P Enciso Sean C Ferry Erin Elam

        Christopher Giacinto

        11:00 AM

        CONT...

        Trustee(s):


        Malta Centeno Lambert


        Chapter 13

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-12885


        Steven Pierce and Alejandra Pierce


        Chapter 13


        #8.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: VIN#5J8TB4H59HL012433


        MOVANT: ALASKA USA FEDERAL CREDIT UNION


        EH     


        Docket 35

        Tentative Ruling: Tentative Ruling:

        3/4/20


        Service: Proper Opposition: Debtors


        The filing of a bankruptcy case creates an estate, which is comprised of all the legal and equitable interests of the debtor in property as of the commencement of the case. 11 U.S.C §541(a)(1). Furthermore, in a Chapter 13 voluntary petition, this estate also includes all such property acquired during the pendency of the case. 11. U.S.C. §1306.


        Steven Pierce and Alejandra Pierce (collectively hereinafter "Debtors") filed a Chapter 13 voluntary petition on April 5, 2019, including their 2017 Acura RDX in their commencement documents. On August 1, 2019, their Chapter 13 plan was confirmed, which states that Debtors will make "current contractual installment payments (ongoing payments)" on the secured claim owned by Alaska USA Federal Credit Union (hereinafter "Alaska").


        After not receiving five payments, Alaska filed this motion, pursuant to U.S.C. § 362(d)(1), to have the stay lifted. By providing the retail installment sale contract, the certificate of title, and Debtors admitting to not being current, Alaska has established "cause" that would constitute relief from the automatic stay. In re Elmore, 94 B.R. 670

        11:00 AM

        CONT...


        Steven Pierce and Alejandra Pierce


        Chapter 13

        (Bankr. C.D. Cal. 1988) (stating that a post-confirmation relief from stay in a Chapter 13 case should normally be based upon a failure to make regular monthly payments to a secured creditor as required by the confirmed plan).


        The burden now shifts to the opposing party, the Debtors. Debtors claim that all post- petition arrearage will be cured by the hearing date.


        Parties are to update the Court as to the status of adequate protection discussions.


        APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


        Party Information

        Debtor(s):

        Steven Pierce Represented By Terrence Fantauzzi

        Joint Debtor(s):

        Alejandra Pierce Represented By Terrence Fantauzzi

        Movant(s):

        Alaska USA Federal Credit Union Represented By

        Diana Torres-Brito

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-19990


        Manuel Chavez


        Chapter 7


        #9.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 84-331 Eremo Way, Indio, CA 92203


        MOVANT: U.S. BANK TRUST NATIONAL ASSOCIATION


        EH     


        Docket 22

        Tentative Ruling: Tentative Ruling:

        3/10/20


        Service: Proper Opposition: None


        The filing of a bankruptcy case creates an estate, which is comprised of all the legal and equitable interests of the debtor in property as of the commencement of the case. 11 U.S.C §541(a)(1). Under 11. U.S.C. §362, a stay is effective automatically and immediately upon a filing of a bankruptcy petition. 3 Collier on Bankruptcy ¶ 362.02 (Richard Levin & Henry J. Sommer eds., 16th ed.). The stay applies to almost all types of formal or informal action taken against the debtor or the property of the estate. Id. at ¶ 362.03.


        On November 13, 2019 (hereinafter "Petition Date"), Manuel Chavez (hereinafter "Debtor") filed a voluntary Chapter 7 petition. In Debtor’s Schedule A/B, he listed his residence at 84331 Eremo Way, Indio, CA 922203 (hereinafter the "Property") at the current value of $300.000. Dkt. No. 11. Thus, an estate was created, including Debtor’s Property, and the stay simultaneously took effect on November 13, 2019.


        On February 13, 2020, Movant, U.S. Bank Trust National, not in its individual capacity but solely as owner trustee for Legacy Mortgage Asset Trust 2017-RPL2, (hereinafter "U.S. Bank"), filed a motion asking for relief from the stay pursuant to 11

        11:00 AM

        CONT...


        Manuel Chavez


        Chapter 7

        U.S.C. § 361(d)(1) and 11 U.S.C. § 362(d)(2). While the motion was pending, a discharge was entered for the Debtor.


        In regard to the discharge, because it was given under Chapter 7, it only pertains to the Debtor, not the estate. 11 U.S.C. § 727. The stay continues on the property of the estate until the property is sold, abandon, or returned to the debtor as exempt property. None of those actions have occurred. Thus, in other words, the stay is terminated as to the Debtor, but it continues as to the estate.


        To attain relief from stay under 11. U.S.C § 362(d)(1) "cause" must be shown. U.S. Bank claims that there is a lack of adequate protection of its interest in its property. Adequate protection is intended to compensate a secured creditor whose collateral declines in value while it is in the possession of, and being used by, a…debtor." People’s Capital& Leasing Corp. v. Big3d, Inc., 438 B.R. 214, 220 (B.A.P. 9th Cir. 2010).


        By providing the valuation of the property, the note, the deed of trust, corporate assignment of deed of trust, and the current amount of the secured claim, U.S. Bank has shown a negative equity cushion and has established that its interest is not adequately protected. In re Gauvin, 24 B.R. 578, 580 (B.A.P. 9th Cir. 1982).


        To receive relief under 11 U.S.C. § 362(d), both elements— (1) debtor has no equity in the property and (2) property is not necessary for an effective organization—must be met. 3 Collier on Bankruptcy ¶ 362.07[4] (Richard Levin & Henry J. Sommer eds., 16th ed.). U.S. Bank has provided evidence that Debtor does not have any equity in the property.


        The burden now shifts to the opposing party, the Debtor, to show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1). 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.). Debtor also has the burden of proving that the property at issue is necessary to an effective organization. 11 U.S.C. § 362(g). Debtor has not opposed the motion. Thus, he has not met his burden.


        However, the lack of a response from Debtor, pursuant to Local Bankruptcy Rule

        11:00 AM

        CONT...


        Manuel Chavez


        Chapter 7

        9013-1(h), may be deemed to be consent to the granting or denial of the motion. The Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. §§ 362(d)(1) and 362(d)(2). GRANT relief from Rule 4001(a)(3) stay. GRANT request under ¶ 2 and ¶ 3.


        APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


        Party Information

        Debtor(s):

        Manuel Chavez Represented By Brian J Horan

        Movant(s):

        U.S. Bank Trust National Represented By

        Erin M McCartney

        Trustee(s):

        Howard B Grobstein (TR) Pro Se

        11:00 AM

        6:19-20447


        Richard Lee Dickerson


        Chapter 7


        #10.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2016 DUCATI 959 PANIGALE


        MOVANT: VW CREDIT, INC.


        EH     


        Docket 16

        Tentative Ruling: Tentative Ruling:

        3/10/20


        Service: Proper Opposition: None


        The filing of a bankruptcy case creates an estate, which is comprised of all the legal and equitable interests of the debtor in property as of the commencement of the case. 11 U.S.C §541(a)(1). Under 11. U.S.C. §362, a stay is effective automatically and immediately upon a filing of a bankruptcy petition. 3 Collier on Bankruptcy ¶ 362.02 (Richard Levin & Henry J. Sommer eds., 16th ed.). The stay applies to almost all types of formal or informal action taken against the debtor or the property of the estate. Id. at ¶ 362.03.


        On November 27, 2019 (hereinafter "Petition Date"), Richard Lee Dickerson (hereinafter "Debtor") filed a voluntary Chapter 7 petition. In Debtor’s commencement documents, he neither listed the 2016 Ducati 959 Panigale (hereinafter the "Property") nor VW Credit Inc., (hereinafter "VW") as having a secured claim. The failure of the Debtor to list the property nor give notice to VW does not place VW outside the scope of the stay. "The automatic stay is effective upon the date of the filing of the petition…Actions taken in violation of the automatic stay generally are void, even if the creditor had no notice of the bankruptcy estate." In re

        11:00 AM

        CONT...


        Richard Lee Dickerson


        Chapter 7

        Smith, 875 F.2d 524, 526 (6th Cir. Ct. App. 1989); see also In re Jones, 2009 Bankr. Lexis 2129 (Bankr. N. D. WV. 2009) (stating "in general, property in which the debtor has an interest as of the petition date is property of the estate notwithstanding the fact that it is not listed or scheduled by the Debtor in connection with the filing of the bankruptcy case."). Thus, an estate was created, including Debtor’s property, and the stay simultaneously took effective on November 27, 2019.


        Prior to the petition being filed, on October 28, 2019, VW acquired the property. On February 14, 2020, VW filed this motion asking for relief from the stay pursuant to 11 U.S.C. § 361(d)(1) and 11 U.S.C. § 362(d)(2).


        To attain relief from stay under 11. U.S.C §362(d)(1) "cause" must be shown. VW claims that there is a lack of adequate protection of its interest in its property.

        Adequate protection is intended to compensate a secured creditor whose collateral declines in value while it is in the possession of, and being used by, a…debtor." People’s Capital& Leasing Corp. v. Big3d, Inc., 438 B.R. 214, 220 (B.A.P. 9th Cir. 2010).


        By providing the valuation of the property and the current amount of the secured claim, VW has shown a negative equity cushion and has established that its interest is not adequately protected. In re Gauvin, 24 B.R. 578, 580 (B.A.P. 9th Cir. 1982).


        To receive relief under 11 U.S.C. § 362(d), both elements— (1) debtor has no equity in the property and (2) property is not necessary for an effective organization—must be met. 3 Collier on Bankruptcy ¶ 362.07[4] (Richard Levin & Henry J. Sommer eds., 16th ed.). VW has provided evidence that Debtor does not have any equity in the property.


        The burden now shifts to the opposing party, the Debtor, to show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1). 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.). Debtor also has the burden of proving that the property at issue is necessary to an effective organization. 11 U.S.C. § 362(g). Debtor has not opposed the motion.


        Because a Chapter 7 proceeding does not involve a reorganization, it is generally

        11:00 AM

        CONT...


        Richard Lee Dickerson


        Chapter 7

        presumed that the second condition under 11 U.S.C. § 362(d)(2)(B) is met in a Chapter 7 proceeding." In re Williamson, 2009 Bankr. Lexis 5571, *5 (Bankr. S.D. Ga. 2009). The lack of a response from Debtor, pursuant to Local Bankruptcy Rule 9013-1(h), may be deemed to be consent to the granting or denial of the motion. Thus, the Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. §§ 362(d)(1) and 362(d)(2). GRANT relief from Rule 4001(a)(3) stay. GRANT request under ¶ 2.


        APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.



        Party Information

        Debtor(s):

        Richard Lee Dickerson Represented By Nicholas M Wajda

        Movant(s):

        VW Credit, Inc. Represented By Kirsten Martinez

        Trustee(s):

        Karl T Anderson (TR) Pro Se

        11:00 AM

        6:20-10307


        Jose Luis Rodriguez


        Chapter 13


        #11.00 Notice of Motion and Motion in Individual Case for Order Confirming Termination of Stay under 11 U.S.C. 362(j) or That No Stay is in Effect under 11 U.S.C.

        362(c)(4)(A)(ii)


        MOVANT: ESTATES OF CORONA RANCH MAINTENANCE CORPORATION


        EH     


        Docket 14

        Tentative Ruling:


        BACKGROUND:


        On January 14, 2020 (hereinafter "Petition Date"), Jose Luis Rodriquez ("Debtor") filed for Chapter 13 voluntary petition. Debtor has had an extensive and intensive history with the bankruptcy court starting in 2011.


        However, in regard to this motion, the Debtor’s bankruptcy history is more recent. Debtor filed a Chapter 7 voluntary petition on March 9, 2018. In that petition, Bank of New York Mellon, as CIT mortgage Loan Trust 2007-1, filed a motion for relief from automatic stay regarding the Debtor’s residence at 1166 Mandevilla Way, Corona, CA 92879 (hereinafter the "Property"). Dkt. No. 14. The motion was later withdrawn. Dkt. No. 23. Shortly after, the Debtor’s petition was closed pursuant to 11

        U.S.C. § 727(a)(8)1.


        On August 28, 2019, Debtor filed a voluntary Chapter 13. In re Moore, the court determined that the calculation of the one-year period in 11 U.S.C. §362(c)(3) hinged on when there being "nothing undecided remaining." 337 B.R. 79 (Bankr. E.D.

        N.C. 2005). Therefore, when Debtor filed the voluntary Chapter 13 petition, that petition came under the jurisdiction of 11 U.S.C. §362(c)(3), which limited the stay in regard to the debtor to the thirtieth day after the filing of the later case.


        However, before the thirtieth day had ran its course, Debtor’s Chapter 13 petition was dismissed due to failure to file required schedules. The order that

        11:00 AM

        CONT...


        Jose Luis Rodriguez


        Chapter 13

        dismissed the petition also vacated the stay. Dkt. No. 10. Debtor then filed this chapter 13 voluntary petition. Movant, Estate of Corona Ranch Maintenance Corporation (hereinafter "Estate of Corona") filed this motion to confirm the termination of the stay or, in the alternative, or no stay is in effect.


        ANALYSIS:


        When Debtor filed his voluntary Chapter 7 petition on March 9, 2018, Debtor listed the Property on his commencement documents. The filing of a bankruptcy case creates an estate, which is comprised of all the legal and equitable interests of the debtor in property as of the commencement of the case. 11 U.S.C §541(a)(1).

        Furthermore, in a Chapter 13 voluntary petition, this estate also includes all such property acquired during the pendency of the case. Thus, the Property became part of the estate when this petition was filed on March 9, 2018.

        Pursuant to 11 U.S.C. § 362, a voluntary Chapter 13 petition filed operates as a stay against enforcement on the Debtor or the property of the estate. The stay applies to almost all types of formal or informal action taken against the debtor or the property of the estate. 3 Collier on Bankruptcy ¶ 362.03 (Richard Levin & Henry J. Sommer eds., 16th ed.). The stay continues on the property of the estate until the property is sold, abandon, or returned to the debtor as exempt property. 11 U.S.C. § 362(c)(1). Thus, when the Debtor’s Chapter 7 petition, which was filed on March 9, 2018, was closed, the property was still in the estate and the stay was still in effect.


        When Debtor filed his voluntary Chapter 13 petition on August 28, 2019, that petition came under the purview of 11. U.S.C. § 362(c)(3). This subsection limits the duration of the stay in regard to the Debtor. There have been two views if whether under 11. U.S.C. §362(c)(3) if it also terminates in regard to the property of the estate. The 9th Circuit Bankruptcy Appellate Panel found that it does. In re Reswick, 446

        B.R. 362 (B.A.P. 9th Cir. 2011) (reasoning that it would be illogical for Congress to terminate the stay under section 362(c)(3)(A) and not property of the estate.).


        On the filing of this Chapter 13 voluntary petition, this petition came under the purview of 11. U.S.C. § 362(C)(4)(i):

        11:00 AM

        CONT...


        Jose Luis Rodriguez

        If a single or joint case is filed by or against a debtor who is individual in a case under this title and if a 2 or more single or joint cases of the debtor was pending within the previous year but was dismissed, other than a case refiled under a chapter other than Chapter 7 after dismissal under section 707(b), the stay under subsection (a) shall not go in effect upon the filing of the later case; on…(ii) request on a party in interest, the court shall promptly enter an order confirming that no stay is in effect…"


        Chapter 13


        A party in interest, within thirty days, may, after showing clear and convincing evidence that this case was not filed in bad faith, request the court to order the stay to take effect. 11 U.S.C § 362(c)(4)(B). On February 14, 2020, thirty days have passed with no party in interest making such a request.


        TENTATIVE RULING:

        Service: Proper Opposition: None


        Pursuant to 11. U.S.C. § 362(c)(4), the thirty days have passed for a party in interest to request the court to order the stay to take effect, and thus the Court GRANTS the motion in its entirety, including the 180-day in-rem relief based on a showing of bad faith.


        APPEARANCES WAIVED. If written or oral opposition is presented at the hearing, the hearing may be continued. Movant to lodge order within 7 days.

        Party Information

        Debtor(s):

        Jose Luis Rodriguez Pro Se

        Movant(s):

        Estates of Corona Ranch Represented By Elsa M Horowitz

        11:00 AM

        CONT...

        Trustee(s):


        Jose Luis Rodriguez


        Chapter 13

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:20-10373


        Malalage Malalasekera


        Chapter 13


        #12.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2017 Honda Accord, VIN: 1HGC R2F3 0HA1 35888


        MOVANT: HONDA LEASE TRUST


        EH      


        Docket 23

        Tentative Ruling: Tentative Ruling:

        3/10/20


        While the Court notes the underlying transaction is a personal property lease, and thus should have been rejected as part of the plan, the Court GRANTS the motion in its entirety based on the Debtor’s stated intent to surrender the vehicle.


        APPEARANCES REQUIRED.


        Party Information

        Debtor(s):

        Malalage Malalasekera Represented By Kevin Tang

        Movant(s):

        HONDA LEASE TRUST Represented By Vincent V Frounjian

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:20-10520


        Ricardo Diaz and Tatiana Lopez


        Chapter 7


        #13.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations UNLAWFUL DETAINER RE: 24154 Stonebridge Ct Moreno Valley, CA 92551


        MOVANT: STATEWIDE PROPERTY SERVICES, INC.; TRINCY THOMAS


        From: 3/3/20 EH     

        Docket 8


        Tentative Ruling:

        3/3/2020


        Service is Improper Opposition: None


        For motions for relief from stay set on shortened notice, Judge Houle’s self- calendaring procedures require that telephonic notice of the hearing be provided to all parties entitled to receive notice of the motion. Local Rule 4001-1(c)(1)(A) requires that the debtor be provided notice of motions for relief from stay relating to residential unlawful detainer actions. Therefore, Movant was obligated to provide telephonic notice of the hearing to Debtors. The declaration of telephonic notice submitted by Movant indicates that it did not provide telephonic notice of the hearing to Debtors.

        The Court is inclined to CONTINUE the matter to March 10, 2020 at 11:00 a.m. for telephonic notice of the hearing to be provided to Debtors.


        APPEARANCES REQUIRED.

        Tentative Ruling:


        3/10/20


        Service: Proper

        11:00 AM

        CONT...


        Ricardo Diaz and Tatiana Lopez


        Chapter 7

        Opposition: Debtors


        Movant seeks relief from stay to prosecute its unlawful detainer action in state court, based on Debtor’s failure to pay rent as of 10/1/19. Debtors, in opposition, argue without evidence that there is somehow $5,000 in equity in the property. On this record, movant having established cause to lift the stay, the Court is inclined to GRANT the motion in its entirety.


        APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

        Party Information

        Debtor(s):

        Ricardo Diaz Represented By

        Jaime A Cuevas Jr.

        Joint Debtor(s):

        Tatiana Lopez Represented By Jaime A Cuevas Jr.

        Movant(s):

        Statewide Property Services, INC.; Represented By

        Barry L O'Connor

        Trustee(s):

        Todd A. Frealy (TR) Pro Se

        11:00 AM

        6:20-10658


        Ana Cecilia Gonzalez


        Chapter 13


        #14.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 341 N Madera Privado, Ontario, California 91764-5641


        MOVANT: WILMINGTON SAVINGS FUND SOCIETY FSB


        EH     


        Docket 10

        Tentative Ruling: Tentative Ruling:

        3/10/20


        Service: Proper Opposition: None


        On January 28, 2020 (hereinafter "Petition Date"), Ana Cecilia Gonzalez (hereinafter "Debtor") filed a voluntary Chapter 13 petition. Prior to this petition being filed, Debtor had filed two other petitions within a one-year period:


        • On October 8, 2019, Debtor filed a Chapter 13 voluntary petition, case number 6:19-bk-18862-MH, which was dismissed for failure to file required documents on October 28, 2019; and


        • On November 12, 2019, Debtor filed a Chapter 13 voluntary petition, case number 6:19-bk-18862-MH, which was dismissed for failure to file required documents on December 12, 2019.


        Similar to past petitions, this petition was dismissed on February 18, 2020, for failure to file required documents.

        11:00 AM

        CONT...


        Ana Cecilia Gonzalez


        Chapter 13

        Before this petition was dismissed, on February 12, 2020, Movant, Wilmington Savings Fund Society (hereinafter "Wilmington"), not in its own capacity but as Trustee for Pretium Mortgage Acquisition Trust, filed a motion for relief from stay. Wilmington alleges that on or around March 24, 2017, Jesus Gayosso and Paz Molina De Gayosso, unauthorizedly granted a deed in said Property without any consideration to Debtor. Debtor then filed this petition as part of a scheme to delay, hinder, or defraud it alleged Wilmington.


        Based on the multiple bankruptcy filings and unauthorized transfer of interest in the property, the Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(4) and GRANT relief from Rule 4001(a)(3) stay. The remainder of the requests are DENIED as moot.


        APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


        Party Information

        Debtor(s):

        Ana Cecilia Gonzalez Pro Se

        Movant(s):

        Wilmington Savings Fund Society, Represented By

        Joseph C Delmotte

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:20-11033


        Leschell Marie Murphy-Reed


        Chapter 13


        #15.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 8036 Haven View Drive, Riverside, California 92509


        MOVANT: U.S. BANK NATIONAL ASSOCIATION


        CASE DISMISSED 2/28/20


        EH     


        Docket 8


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Leschell Marie Murphy-Reed Pro Se

        Movant(s):

        U.S. Bank National Association, not Represented By

        Joseph C Delmotte

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:20-11087


        Ernesto Sandoval


        Chapter 13


        #16.00 Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate 724 N. Sycamore Avenue Rialto CA 92376


        MOVANT: ERNESTO SANDOVAL


        EH     


        Docket 6


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Ernesto Sandoval Represented By Jaime A Cuevas Jr.

        Movant(s):

        Ernesto Sandoval Represented By Jaime A Cuevas Jr. Jaime A Cuevas Jr.

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:20-11249


        Juanita Carlos Medina


        Chapter 13


        #17.00 Notice of motion and motion for relief from the automatic stay with supporting declarations UNLAWFUL DETAINER RE: 1440 W Main Street, Barstow, Ca


        MOVANT: DANIEL ESCUTIA


        EH     


        Docket 7


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Juanita Carlos Medina Pro Se

        Movant(s):

        Daniel Escutia Represented By John E Bouzane

        Trustee(s):

        Rod Danielson (TR) Represented By John E Bouzane

        11:00 AM

        6:20-11443


        Tiffini Camille Jackson


        Chapter 7


        #18.00 Notice of motion and motion for relief from the automatic stay with supporting declarations UNLAWFUL DETAINER RE: 950 N. Duesenberg Dr. #1104, Ontario, CA 91764


        MOVANT: CAMDEN LANDMARK, LLC


        EH         


        Docket 7


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Tiffini Camille Jackson Represented By

        Raj T Wadhwani

        Movant(s):

        CAMDEN LANDMARK, LLC Represented By Scott Andrews

        Trustee(s):

        Steven M Speier (TR) Pro Se

        2:00 PM

        6:17-15816


        Integrated Wealth Management Inc


        Chapter 11

        Adv#: 6:19-01100 Issa v. Delaney et al


        #19.00 CONT Status Conference RE: [1] Adversary case 6:19-ap-01100 Complaint by

        J. Michael Issa against Ryan Delaney, John Wong, DOES 1 through 10, inclusive. (Charge To Estate)($350.00) for: 1) Breach of Fiduciary Duty; and Negligence [Demand for Jury Trial] Nature of Suit: (14 (Recovery of money/property - other)) (Ignatuk, Joseph)


        From: 9/17/19, 10/15/19, 2/4/20 EH         

        Docket 1

        *** VACATED *** REASON: CONTINUED TO 4/1/20 AT 2:00 P.M.

        Tentative Ruling:

      • NONE LISTED -

        Party Information

        Debtor(s):

        Integrated Wealth Management Inc Represented By

        Andrew B Levin Robert E Opera Jim D Bauch

        Defendant(s):

        Ryan Delaney Represented By Paul A Reynolds

        John Wong Represented By

        David P Bleistein Lisa Hiraide

        Plaintiff(s):

        J. Michael Issa Represented By Joseph R Ignatuk

        2:00 PM

        6:19-17537


        Jauregui Trucking, Inc.


        Chapter 11


        #20.00 CONT Emergency Hearing on Debtor's Motion for Authorization to use Cash Collateral


        From: 9/4/19, 10/1/19, 11/12/19, 12/10/19, 1/7/20


        Also #21 EH         

        Docket 9

        *** VACATED *** REASON: CONTINUED TO 3/24/20 AT 2:00 P.M.

        Tentative Ruling:

      • NONE LISTED -

        Party Information

        Debtor(s):

        Jauregui Trucking, Inc. Represented By Andrew S Bisom

        Movant(s):

        Jauregui Trucking, Inc. Represented By Andrew S Bisom

        2:00 PM

        6:19-17537


        Jauregui Trucking, Inc.


        Chapter 11


        #21.00 CONT Order (1) Setting Scheduling Hearing And Case Management Conference And (2) Requiring Status Report


        From:10/1/19, 11/12/19, 12/10/19, 1/7/20


        Also #20 EH     

        Docket 4

        *** VACATED *** REASON: CONTINUED TO 3/24/20 AT 2:00 P.M.

        Tentative Ruling:

      • NONE LISTED -

        Party Information

        Debtor(s):

        Jauregui Trucking, Inc. Represented By Andrew S Bisom

        2:00 PM

        6:18-10628


        Markus Anthony Boyd


        Chapter 11


        #22.00 Application for Compensation for Nicholas W Gebelt, Debtor's Attorney, Period: 4/4/2019 to 2/9/2020, Fee: $33,915.00, Expenses: $906.07


        EH     


        Docket 213


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Markus Anthony Boyd Represented By Nicholas W Gebelt

        Movant(s):

        Markus Anthony Boyd Represented By Nicholas W Gebelt

        11:00 AM

        6:18-20547


        Tawnie L Vanderham


        Chapter 13


        #1.00 CONT Motion for Order Reimposing the Automatic Stay From: 2/13/20

        EH     


        Docket 74

        *** VACATED *** REASON: ORDER ENTERED 3/4/20

        Tentative Ruling:

      • NONE LISTED -

        Party Information

        Debtor(s):

        Tawnie L Vanderham Represented By Benjamin R Heston

        Movant(s):

        Tawnie L Vanderham Represented By Benjamin R Heston

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:18-19264


        Lupita Meza Perez


        Chapter 7


        #2.00 Notice of Trustee's Final Report and Applications for Compensation EH     

        Docket 45


        Tentative Ruling:

        3/11/2020

        No opposition has been filed. Service was Proper.


        The application for compensation of the Trustee has been set for hearing on the notice required by LBR 2016-1. Pursuant to the Trustee's Final Report, the Court is inclined to APPROVE the following administrative expenses:


        Trustee Fees: $ 756.57


        APPEARANCES WAIVED. If written or oral opposition is presented at the hearing, the hearing may be continued. Trustee to lodge order within 7 days.

        Party Information

        Debtor(s):

        Lupita Meza Perez Pro Se

        Trustee(s):

        Howard B Grobstein (TR) Pro Se

        11:00 AM

        6:18-18749


        Kevin Mathew O'Toole


        Chapter 7


        #3.00 Notice of Trustee's Final Report and Applications for Compensation EH     

        Docket 18


        Tentative Ruling:

        3/11/2020

        No opposition has been filed. Service was Sufficient.


        The application for compensation of the Trustee has been set for hearing on the notice required by LBR 2016-1. Pursuant to the Trustee's Final Report, the Court is inclined to APPROVE the following administrative expenses:


        Trustee Fees: $ 1,663.00 Trustee Expenses: $ 34.28


        APPEARANCES WAIVED. If written or oral opposition is presented at the hearing, the hearing may be continued. Trustee to lodge order within 7 days.

        Party Information

        Debtor(s):

        Kevin Mathew O'Toole Represented By Daniel King

        Trustee(s):

        Karl T Anderson (TR) Pro Se

        11:00 AM

        6:19-10240


        Mayra Janette Cazares


        Chapter 7


        #4.00 Notice of Trustee's Final Report and Applications for Compensation EH     

        Docket 24


        Tentative Ruling:

        3/11/20

        No opposition has been filed. Service was Sufficient.


        The application for compensation of the Trustee has been set for hearing on the notice required by LBR 2016-1. Pursuant to the Trustee's Final Report, the Court is inclined to APPROVE the following administrative expenses:


        Trustee Fees: $ 1,348.22


        APPEARANCES WAIVED. If written or oral opposition is presented at the hearing, the hearing may be continued. Trustee to lodge order within 7 days.

        Party Information

        Debtor(s):

        Mayra Janette Cazares Represented By Edgar P Lombera

        Trustee(s):

        Howard B Grobstein (TR) Pro Se

        11:00 AM

        6:19-12599


        Lennie Clarence Frazier


        Chapter 7


        #5.00 Notice of Trustee's Final Report and Applications for Compensation EH         

        Docket 17


        Tentative Ruling:

        3/11/2020

        No opposition has been filed. Service was Sufficient.


        The application for compensation of the Trustee has been set for hearing on the notice required by LBR 2016-1. Pursuant to the Trustee's Final Report, the Court is inclined to APPROVE the following administrative expenses:


        Trustee Fees: $ 1,317.10 Trustee Expenses: $ 0.00


        The Court is not inclined to approve the $5 in requested costs because Trustee has not provided an itemization or other evidence or documentation supporting the requested costs.


        APPEARANCES WAIVED. If written or oral opposition is presented at the hearing, the hearing may be continued. Trustee to lodge order within 7 days.

        Party Information

        Debtor(s):

        Lennie Clarence Frazier Represented By Robert L Firth

        Trustee(s):

        Lynda T. Bui (TR) Pro Se

        2:00 PM

        6:03-15174


        Devore Stop A General Partners


        Chapter 7

        Adv#: 6:12-01498 Morschauser v. Continental Capital LLC et al


        #6.00 CONT Status Conference Hearing RE: Complaint by William G Morschauser against Continental Capital LLC , Stephen Collias , Jesse Bojorquez , American Business Investments , Mohammed Abdizadeh


        From: 3/11/15, 5/20/15, 7/29/15, 12/16/15, 2/3/16, 3/16/16, 5/11/16, 8/31/16, 11/2/16, 11/16/16, 3/8/17, 6/7/17, 7/26/17, 9/13/17, 3/12/18, 11/13/19, 12/17/19,

        1/15/20, 2/12/20


        Also #7 EH         

        Docket 1


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Devore Stop A General Partners Represented By

        Arshak Bartoumian - DISBARRED - Newton W Kellam

        Devore Stop Represented By

        Hutchison B Meltzer

        Defendant(s):

        Stephen Collias Represented By Cara J Hagan

        Lawrence J Kuhlman Reid A Winthrop

        Jesse Bojorquez Represented By Lawrence J Kuhlman

        Autumn D Spaeth ESQ

        2:00 PM

        CONT...


        Devore Stop A General Partners


        Cara J Hagan Reid A Winthrop


        Chapter 7

        American Business Investments Represented By Lawrence J Kuhlman

        Autumn D Spaeth ESQ Cara J Hagan

        Reid A Winthrop

        Mohammed Abdizadeh Pro Se

        Continental Capital LLC Represented By Cara J Hagan

        Lawrence J Kuhlman Reid A Winthrop

        Plaintiff(s):

        William G Morschauser Represented By Hutchison B Meltzer Reid A Winthrop Cara J Hagan Lawrence J Kuhlman

        Trustee(s):

        Arturo Cisneros (TR) Pro Se

        2:00 PM

        6:03-15174


        Devore Stop A General Partners


        Chapter 7

        Adv#: 6:12-01498 Morschauser v. Continental Capital LLC et al


        #7.00 Status Conference RE: [29] Crossclaim/Cross-Complaint for: 1 conversion; 2 constructive trust; 3 unjust enrichment; 4 an accounting; 5 declaratory relief; and 6 primary and secondary indemnification and contribution by American Business Investments , Jesse Bojorquez against Stephen Collias , Continental Capital LLC


        From: 3/11/15, 5/20/15, 7/29/15, 12/16/15, 2/3/16, 3/16/16, 5/11/16, 8/31/16, 11/2/16, 11/16/16, 3/8/17, 6/7/17, 7/26/17, 9/13/17, 3/12/18, 11/13/19, 12/17/19,

        1/15/20, 2/12/20


        Also #6 EH     

        Docket 29


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Devore Stop Represented By

        Hutchison B Meltzer

        Devore Stop A General Partners Represented By

        Arshak Bartoumian - DISBARRED - Newton W Kellam

        Defendant(s):

        Continental Capital LLC Represented By Cara J Hagan

        Lawrence J Kuhlman Reid A Winthrop

        Stephen Collias Represented By

        2:00 PM

        CONT...


        Devore Stop A General Partners


        Cara J Hagan Lawrence J Kuhlman Reid A Winthrop


        Chapter 7

        Jesse Bojorquez Represented By Lawrence J Kuhlman

        Autumn D Spaeth ESQ Cara J Hagan

        Reid A Winthrop

        American Business Investments Represented By Lawrence J Kuhlman

        Autumn D Spaeth ESQ Cara J Hagan

        Reid A Winthrop

        Mohammed Abdizadeh Pro Se

        Plaintiff(s):

        William G Morschauser Represented By Hutchison B Meltzer Reid A Winthrop Cara J Hagan Lawrence J Kuhlman

        Trustee(s):

        Arturo Cisneros (TR) Pro Se

        2:00 PM

        6:19-15677


        Bruce Vermille Anderson


        Chapter 7

        Adv#: 6:19-01129 Roche v. Anderson


        #8.00 CONT Status Conference RE: [1] Adversary case 6:19-ap-01129. Complaint by Kevin Michael Roche against Bruce Vermile Anderson . (62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud))


        From: 12/4/19, 1/15/20 EH     

        Docket 1


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Bruce Vermille Anderson Pro Se

        Defendant(s):

        Bruce Vermile Anderson Pro Se

        Plaintiff(s):

        Kevin Michael Roche Pro Se

        Trustee(s):

        Howard B Grobstein (TR) Pro Se

        2:00 PM

        6:18-17663


        Stephen Richard Morales


        Chapter 7

        Adv#: 6:18-01242 Forniss et al v. Morales et al


        #9.00 CONT Status Conference RE: [1] Adversary case 6:18-ap-01242. Complaint by Steven John Forniss against Stephan Richard Morales, Diane Forniss Morales, Todd Turoci. 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)) (Firman, Fritz)


        From: 3/6/19, 3/13/19, 5/22/19, 8/28/19, 12/4/19, 12/18/19, 1/8/20


        EH     


        Docket 1


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Stephen Richard Morales Represented By Todd L Turoci

        Defendant(s):

        Stephan Richard Morales Pro Se

        Diane Forniss Morales Pro Se

        Joint Debtor(s):

        Diane Forniss Morales Represented By Todd L Turoci

        Plaintiff(s):

        Alfonso Forniss Represented By Fritz J Firman

        Stephen Forniss Represented By

        2:00 PM

        CONT...


        Trustee(s):


        Stephen Richard Morales


        Fritz J Firman


        Chapter 7

        Karl T Anderson (TR) Pro Se

        2:00 PM

        6:18-16831


        Young Jin Yoon


        Chapter 7

        Adv#: 6:18-01210 Kim v. Yoon et al


        #10.00 Pre-Trial Conference RE: [1] Adversary case 6:18-ap-01210. Complaint by Vivian Kim against Young Jin Yoon, Hyunmyung Park, Joshua Park. false pretenses, false representation, actual fraud)),(72 (Injunctive relief - other)),(13 (Recovery of money/property - 548 fraudulent transfer)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)) (Kym, Jiyoung)


        From: 12/12/18, 1/9/19, 7/31/19, 10/16/19


        EH     


        Docket 1


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Young Jin Yoon Represented By Ji Yoon Kim

        Defendant(s):

        Young Jin Yoon Represented By Ji Yoon Kim

        Hyun Myung Park Represented By Ji Yoon Kim

        Joshua Park Represented By

        Ji Yoon Kim

        Plaintiff(s):

        Vivian Kim Represented By

        Jiyoung Kym

        2:00 PM

        CONT...

        Trustee(s):


        Young Jin Yoon


        Chapter 7

        Robert Whitmore (TR) Pro Se

        11:00 AM

        6:15-20998


        Eric Kissell


        Chapter 13


        #1.00 CONT Motion to Dismiss From: 1/30/20

        EH     


        Docket 94

        Tentative Ruling:

        3/10/20


        BACKGROUND:


        On November 11, 2015 ("Petition Date"), Eric Kessell ("Debtor") filed for Chapter 13 voluntary petition. In his commencement documents, Debtor listed the Internal Revenue Service ("IRS") as an unsecured creditor having a claim in the amount of $110,516.00—$65,266.00 not priority and 45,250.00 priority. On January 27, 2016, the IRS filed a claim, "Claim 5-1."


        However, there was a discrepancy between what Debtor stated in his commencement document and what the IRS stated in its claim. The IRS listed

        $94,707.90 of unsecured priority claim and $16,029.92 of unsecured general claim, totaling $110,737.82.


        Debtor’s Chapter 13 plan, which was confirmed on December 29, 2015, scheduled to pay the unsecured priority claim over sixty months at a monthly payment of $754.17. Non-priority unsecured creditors where estimated to get a hundred cents on the dollar. Pursuant to the Chapter 13 plan, Debtor stated he will pay all post- confirmation tax liabilities in a timely manner directly to the appropriate taxing authorities.


        While paying his pre-petition tax liability, the IRS alleges that Debtor failed to pay his post-petition taxes:

        11:00 AM

        CONT...


        Eric Kissell


        Chapter 13

        Taxable Year

        Taxes Due for that Year

        Remaining Balance

        2015

        $25,712.00

        $29,775.96

        2016

        $24,995.00

        $23,726.56

        2017

        $20,669.00

        $24,019.91

        2018

        $21,465.00

        $23,422.44

        2019

        $23,611.00

        Not Calculated

        Specifically, the IRS claims that Debtor failed to make estimated payments for the taxable year 2019. The IRS states that Debtor’s alleged failure falls under 11 U.S.C. § 1307(c) as "bad faith" and it provides the "cause" to request the Court to dismiss Debtor’s Chapter 13 petition and implement a 180-day refiling bar.


        ANALYSIS:


        1. Bad Faith


          11 U.S.C § 1307(C):


          "…on request of a party in interest or the United States trustee and after notice and a hearing, the court may convert a case under this chapter…or dismiss a case under this chapter…for cause, including…"


          "A ‘party in interest’ is any party ‘who has an actual pecuniary interest in the case,’ ‘who has a practical stake in the outcome of a case,’ or ‘who will be impacted in any significant way in the case.’" In re Hardy, 589. B.R. 217 (Bankr. D. DC. 2018)

          11:00 AM

          CONT...


          Eric Kissell


          Chapter 13

          (citing In re Sobczak, 369 B.R. 512, 518 (B.A.P. 9th Cir. 2007)). In this case, the IRS has standing because it has an actual pecuniary interest and it is a creditor. (In re De la Salle, 461 B.R. 593 (B.A.P 9th Cir.) (discerning no reason why creditors should not be included within the scope of party in interest for purposes of 11U.S.C. § 1307(c).


          Subsection 1307(c) then proceeds to list eleven circumstances that would constitute cause. However, ‘bad faith’ is not listed. Nonetheless, bankruptcy courts "routinely treat dismissal for prepetition bad-faith conduct as implicitly authorized by the words ‘for cause.’" In re Goodvin, 548 B.R. 806, 811 (Bankr. N.D. IA. 2016) (quoting Marrama v. Citizens Bank, 549 U.S. 365, 372 (2007)).


          Bad faith is determined by the totality of the circumstances test. In re Craighead, 377 B.R. 648, 654 (Bankr. N.D. Cal. 2007). Bankruptcy courts should consider the following circumstances in determining a cause for dismissal under Chapter 13 petition with prejudice for bad faith: (1) whether the debtor misrepresented facts in her petition or plan, unfairly manipulated the Bankruptcy Code, or otherwise filed her Chapter 13 petition or plan in an inequitable manner; (2) the debtor’s history of filing and dismissals; (3) whether the debtor only intended to defeat state court litigation; and (4) whether egregious behavior is present. In re Leavitt, 171 F.3d 1219, 1224 (9th Cir. Ct. App. 1999).


          TENTATIVE RULING:


          Thus, the Court GRANTS this motion because there is cause shown, the nonpayment of post-petition taxes, to dismiss Debtor’s case with a re-filing bar of 180-days. Pursuant to LBR 9013-1(h), the Court may deem a failure to timely file and serve documents as consent to the granting or denial of the motion. Debtor, not responding to this motion, is deemed to have consent it.


          APPEARANCES REQUIRED.

          11:00 AM

          CONT...


          Debtor(s):


          Eric Kissell


          Party Information


          Chapter 13

          Eric Kissell Represented By

          William J Howell

          Movant(s):

          UNITED STATES OF AMERICA Represented By

          Najah J Shariff

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:00 AM

          6:18-13292


          Bernice Hernandez Antunez


          Chapter 13


          #2.00 Motion to vacate dismissal EH     

          Docket 41

          *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

          2/5/20

          Tentative Ruling:

      • NONE LISTED -

        Party Information

        Debtor(s):

        Bernice Hernandez Antunez Represented By Daniel King

        Movant(s):

        Bernice Hernandez Antunez Represented By Daniel King

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:18-13481


        Rorye James Mosley, Sr.


        Chapter 13


        #3.00 Motion to vacate dismissal EH     

        Docket 80

        Tentative Ruling:

        3/10/20

        BACKGROUND


        On April 25, 2018 (hereinafter "Petition Date"), Rorye James Mosley, Sr. (hereinafter "Debtor") filed for a Chapter 13 voluntary petition. August 9, 2018, the Court filed an order confirming Debtor’s amended Chapter 13 plan. Dkt. No. 27. The plan payments of $582.00 per month commenced on June 1, 2018 and continued, on that day of the month, for sixty months. Id.


        On September 11, 2019, The Chapter 13 Trustee, Rod Danielson (hereinafter the "Trustee"), filed a notice-and-motion order dismissing the Chapter 13 proceeding because Debtor was delinquent in the amount of $1,224.58. Dkt. No. 66. That motion was voluntarily dismissed by the Trustee. Dkt. No. 67. No reason was given.


        On December 3, 2019, The Trustee filed another notice-and-motion order dismissing the Chapter 13 proceeding because Debtor was delinquent $1,164.00. Dkt. No. 69. Debtor objected to the motion. Dkt. No. 70. Based on his declaration, Debtor claimed that he "had mailed his payment to bring his plan current[;] however[,] the wrong case was listed on the payment and it was returned to him." Id. He goes on to further state that he had obtained a new cashier check and had mailed in his payment. Id. Debtor then included, in his exhibit, an image of the cashier check in the amount of $1,164.00 named to Trustee. Id.


        The hearing was held on January 9, 2020. The Court continued the motion for the following week to January 16, 2020 because the Trustee did not receive the payment at that time. The Court warned Debtor’s counsel that it is the Debtor’s responsibility to have the check at the hearing date if a situation arises where the Trustee does not receive the payment via mail, or else, the case would be dismissed.

        11:00 AM

        CONT...


        Rorye James Mosley, Sr.


        Chapter 13

        Debtor’s counsel and Trustee agreed to the stipulation made by the Court.

        On January 16, 2020, at the hearing, the Trustee had not received the payment. Debtor’s counsel stated that Debtor mailed the payment on January 13, 2020. As was stipulated at the prior hearing date, because Trustee did not receive the payment, the Court dismissed the case.


        On the same day, an order-and-notice of dismissal was filed because of the Debtor’s failure to make the plan payments. Dkt No. 76. On February 13, 2020, Debtor filed a motion to vacate the dismissal. Dkt. No. 80. Based on this motion, it appears that Debtor is arguing that his dismissal be vacated on the grounds that it was due to either (1) mistake or excusable neglect or (2) or any other reason justifying relief. Fed R. Civ. Proc. 60(b).


        DISCUSSION



          1. FRCP 60(B)—Mistake


            FED. R. CIV. P. Rule 60(b)(1) states:

            1. Grounds for Relief from a Final Judgment, Order, or Proceeding. On motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding for the following reasons:

              1. mistake,…or excusable neglect


            Exceptions, including this rule, are reserved for extreme cases. In re Sheehan, 253 F.3d 507 (9th Cir. Ct. App. 2001) (stating the level of weight giving to Fed. R. Civ. P. Rule 60(b).). In this case, "Debtor’s mistake" is not such a case. Debtor was aware that his payment may not be received by the time of the hearing date via mail.

            11:00 AM

            CONT...


            Rorye James Mosley, Sr.


            Chapter 13

            However, Debtor chose not to take certain measure to guard against such a result. Debtor could have filed a motion to extend the deadline, filed a motion to modify the plan, or contacted the Trustee explaining the situation and asking for additional remedies.


          2. FRCP 60(B)—Excusable Neglect


            To determine whether neglect is excusable, the court reviews the four factors set forth in Pioneer Inv. Serv. v. Brunswick Ass’n Ltd. P’ship et al: "(1) the danger of prejudice to the opposing party; (2) the length of the delay and its potential impact on the proceedings; (3) the reason for the delay, and (4) whether the movant acted in good faith. 507 U.S. 380, 395 (1993).


            With regards to first factor, the Court has received opposition to this motion from the Trustee. Dkt. No. 80. The Trustee states that he has already commenced closing procedures and reopening the case would create numerous efficiencies. Id. He further states that Debtor did not give notice to all claimants addresses on their Official Form 410. Id.


            The Court notes that is true. Proper notice was not given. However, because the Debtor’s plan paid all the creditors in full, this factor weighs in favor of the Debtor.


            Addressing the Second factor, the Court believes the delay of about a month from entering the dismissal of the motion to filing the motion to vacate is relatively de minimis. The Debtor would only have to pay roughly two monthly payments to cure the delinquency. This factor weighs in favor of the Debtor.


            The third and fourth factors, however, weighs against the Debtor. Good faith was not shown. In addition, it was unreasonable for the Debtor to not take precautions when he knew the ramification—that his case would be dismissed. Thus, the Pioneer factors does not weigh in favor of vacating dismissal.


          3. FRCP 60(B)—Other Reason Justifying Relief

        11:00 AM

        CONT...


        Rorye James Mosley, Sr.


        Chapter 13


        To determine whether relief should be granted under subsection (6), a party must show "extraordinary circumstances" suggesting that party is faultless in the delay. Pioneer Inv. Serv. v. Brunswick Ass’n Ltd. P’ship et al, 507 U.S. at 396. That is, "the party must demonstrate both injury and circumstances beyond his control that prevented him from proceeding with the prosecution or defense of the action in a proper fashion." United States v. Alpine Land & Reservoir Co., 984 F.2d 1047, 1040 (9th Cir. 1993).


        In this case, Debtor has not proven that circumstances were out of his control. Debtor was told, through his counsel, that if payment was not received by the Trustee by the time of the hearing date, January 16, 2020, then he should have it ready to be tendered at the hearing. Therefore, Debtor’s testimony is unpersuasive.


        TENTATIVE RULING



        Thus, for the reasons stated above, the Court is inclined to DENY the motion. The case is still dismissed.


        APPEARANCES REQUIRED.


        Party Information

        Debtor(s):

        Rorye James Mosley Sr. Represented By Brian J Soo-Hoo

        11:00 AM

        CONT...

        Movant(s):


        Rorye James Mosley, Sr.


        Chapter 13

        Rorye James Mosley Sr. Represented By Brian J Soo-Hoo Brian J Soo-Hoo

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-18569


        Edwin Briones and Gabriela Sandez


        Chapter 13


        #4.00 Trustee's Motion to Dismiss Case Also #5

        EH     


        Docket 29


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Edwin Briones Represented By Kevin Tang

        Joint Debtor(s):

        Gabriela Sandez Represented By Kevin Tang

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-18569


        Edwin Briones and Gabriela Sandez


        Chapter 13


        #5.00 Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to modify plan or suspend plan payments


        Also #4 EH     

        Docket 35


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Edwin Briones Represented By Kevin Tang

        Joint Debtor(s):

        Gabriela Sandez Represented By Kevin Tang

        Movant(s):

        Edwin Briones Represented By Kevin Tang Kevin Tang

        Gabriela Sandez Represented By Kevin Tang

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:20-10794


        Corey Jason Gomes


        Chapter 13


        #6.00 Motion for Setting Property Value EH     

        Docket 18

        Tentative Ruling: 3/12/20

        Background:


        On January 31, 2020 ("Petition Date"), Corey Jason Gomes ("Debtor") filed a voluntary Chapter 13 petition. In his Schedule A/B of his commencement documents, Debtor stated he owned a 2017 Toyota Prius (hereinafter the "Vehicle") located at 27568 Campana Circle Temecula, CA 92591 ("Debtor’s Residence"). On the Petition Date, Debtor valued the Vehicle at $13,928.00. Dkt. No. 1, Schedule A/B. Debtor, also, listed Toyota Financial Services (hereinafter "Toyota") as having a claim, valued at $20,526—$13,928.00 secured and $6,598.00 unsecured—secured by the Vehicle.


        On February 19, 2020, Debtor filed a notice of motion-and-motion for order determining value of collateral ("Motion"). Debtor prays for the court to value the Vehicle and claim it secures per his declaration. Debtor provided a billing statement from Toyota reaffirming the value of its claim on January 2, 2020. Dkt. No. 18, Ex. 1. Debtor, also, provided a copy of a value generated by Kelly Blue Book of 2017 Toyota Prius Three Touring Hatchback 4D, which ranges from $12,992 to $14,563.


        On March 6, 2020, Toyota filed an opposition to this motion. Pursuant to LBR 9013-1(f), a response on the moving party must be filed and served no later than fourteen days before the date designated for the hearing. Toyota’s response was filed within six days of the designated hearing date. Failure to timely file and serve an opposition may be deemed by the court to be consent to the granting or denial of the motion. LBR 9013-1(h).


        In its response to this motion, Toyota requests a continuation of thirty days to

        11:00 AM

        CONT...


        Corey Jason Gomes


        Chapter 13

        conduct a formal inspection and appraisal. Dkt. No. 23. Toyota estimates the current fair market value of the property to be $19,175.00. Id. Toyota then argues that the private party value provided by Kelly Blue Book is inconsistent with the pertinent code section, which requires the value to be based on what a retail merchant would charge for the property. Id. In the alternative, Toyota argues that if it be forced to accept the Debtor’s valuation, its security interest will be severely diminished. Id.


        Applicable Law:


        A. Value of the Vehicle


        11 U.S.C §506(a)(2):


        If the Debtor is an individual in a case under Chapter 7 or 13, such value with respect to personal property securing an allowed claim shall be determined based on the replacement value of such property as of the date of the filing of the petition without deduction for costs of sale or marketing. With respect to property acquired for personal, family, or household purposes, replacement value shall mean the price a retail merchant would charge for property of that kind considering the age and condition of the property at the time value is determined. [italicized for emphasis]"


        In In re Morales, the United States Bankruptcy Court for the Central District of California determined that retail value should be calculated "by adjusting the Kelley Blue Book or N.A.D.A. Guide retail value for a like vehicle by a reasonable amount in light of the evidence presented regarding the condition of the vehicle or any other relevant factors." In re Morales, 387 B.R. 36, 45 (Bankr. C.D. Cal. 2008).


        According to the court in Morales, the retail values, and not the private party values, are the appropriate starting points because the text of § 506(a)(2) refers to "the price a retail merchant would charge" and does not refer to the price a private party would charge. Morales, 387 B.R. at 46. The language of § 506(a)(2) provides further support for the use of retail values rather than private party values in the first sentence that states replacement value should be calculated "without deduction for costs of sale or marketing." § 506(a)(2); Morales, 387 B.R. at 46. Although "replacement value" is modified with respect to property acquired for personal use in the second sentence of

        11:00 AM

        CONT...


        Corey Jason Gomes


        Chapter 13

        § 506(a)(2), the rule regarding costs of sale or marketing is not modified and is therefore still applicable. § 506(a)(2); Morales, 387 B.R. at 46. Consequently, in contrast to private party values, "the retail value better approximates a price that includes the ‘costs of sale and marketing,’" even if downward adjustments must be made to accommodate a less then excellent or optimal condition of a vehicle.

        Morales, 387 B.R. at 46.


        Here, Debtor incorrectly uses the private party.

        Tentative:


        The Court is inclined to DENY the Motion. APPEARANCES REQUIRED.


        Party Information

        Debtor(s):

        Corey Jason Gomes Represented By Norma Duenas

        Movant(s):

        Corey Jason Gomes Represented By Norma Duenas

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-20154


        Bridgette Donnais Turner


        Chapter 13


        #7.00 CONT Confirmation of Chapter 13 Plan From: 2/13/20

        Also #8 EH      

        Docket 0


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Bridgette Donnais Turner Represented By Joshua L Sternberg

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-20154


        Bridgette Donnais Turner


        Chapter 13


        #8.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 13547 George Court, Chino, CA 91710


        MOVANT: DEUTSCHE BANK NATIONAL TRUST COMPANY


        From: 3/3/20 Also #7

        EH     


        Docket 19


        Tentative Ruling:

        3/3/2020


        Service: Proper Opposition: Yes


        Debtor’s opposition indicates that postpetition arrears listed by Movant are incorrect because Debtor has made postpetition plan payments directly to the Chapter 13 Trustee. Nevertheless, it appears that the second payment made by Debtor was only a partial payment. Parties to apprise the Court of the status of adequate protection discussions, if any.


        APPEARANCES REQUIRED.

        Party Information

        Debtor(s):

        Bridgette Donnais Turner Represented By Joshua L Sternberg

        Movant(s):

        Deutsche Bank National Trust Represented By

        11:00 AM

        CONT...


        Trustee(s):


        Bridgette Donnais Turner


        Angie M Marth Jacky Wang


        Chapter 13

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-20544


        Gregory A. Shipman


        Chapter 13


        #9.00 CONT Confirmation of Chapter 13 Plan From: 2/20/20

        EH      


        Docket 7


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Gregory A. Shipman Represented By Douglas A Plazak

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-20835


        John Anthony Percell


        Chapter 13


        #10.00 CONT Confirmation of Chapter 13 Plan From: 2/20/20

        EH      


        Docket 5


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        John Anthony Percell Represented By Daniel King

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-20847


        Sergio L Valdez


        Chapter 13


        #11.00 Confirmation of Chapter 13 Plan EH      

        Docket 0

        *** VACATED *** REASON: CASE DISMISSED 12/26/19

        Tentative Ruling:

      • NONE LISTED -

        Party Information

        Debtor(s):

        Sergio L Valdez Represented By Arlene M Tokarz

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-20853


        Chuckie Harold Elmore, Jr


        Chapter 13


        #12.00 Confirmation of Chapter 13 Plan EH      

        Docket 0

        *** VACATED *** REASON: CASE DISMISSED 1/6/20

        Tentative Ruling:

      • NONE LISTED -

        Party Information

        Debtor(s):

        Chuckie Harold Elmore Jr Pro Se

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-20882


        Dennis Gene Rankin


        Chapter 13


        #13.00 Confirmation of Chapter 13 Plan EH      

        Docket 0


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Dennis Gene Rankin Represented By Todd L Turoci

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-20887


        John Lee Riggins and Bette Ruth Riggins


        Chapter 13


        #14.00 Confirmation of Chapter 13 Plan EH      

        Docket 0


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        John Lee Riggins Represented By Todd L Turoci

        Joint Debtor(s):

        Bette Ruth Riggins Represented By Todd L Turoci

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-20896


        Jose J Mendez


        Chapter 13


        #15.00 Confirmation of Chapter 13 Plan EH      

        Docket 0

        *** VACATED *** REASON: CASE DISMISSED 2/20/20

        Tentative Ruling:

      • NONE LISTED -

        Party Information

        Debtor(s):

        Jose J Mendez Pro Se

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-20898


        Carole Christine Bailey


        Chapter 13


        #16.00 Confirmation of Chapter 13 Plan EH      

        Docket 0

        *** VACATED *** REASON: CASE DISMISSED 1/21/20

        Tentative Ruling:

      • NONE LISTED -

        Party Information

        Debtor(s):

        Carole Christine Bailey Represented By Kevin Tang

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-20903


        Philip G. Sullano


        Chapter 13


        #17.00 Confirmation of Chapter 13 Plan EH      

        Docket 0


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Philip G. Sullano Represented By

        W. Derek May

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-20904


        Charles Edward Urick, III


        Chapter 13


        #18.00 Confirmation of Chapter 13 Plan EH      

        Docket 0

        *** VACATED *** REASON: CASE DISMISSED 2/20/20

        Tentative Ruling:

      • NONE LISTED -

        Party Information

        Debtor(s):

        Charles Edward Urick III Pro Se

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-20908


        Daniel Gardono and Dianna Isla


        Chapter 13


        #19.00 Confirmation of Chapter 13 Plan EH      

        Docket 0


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Daniel Gardono Represented By Gregory Ashcraft

        Joint Debtor(s):

        Dianna Isla Represented By

        Gregory Ashcraft

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-20911


        Francine Cloutier


        Chapter 13


        #20.00 Confirmation of Chapter 13 Plan EH      

        Docket 0


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Francine Cloutier Represented By Kevin Tang

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-20941


        Elias Jon Salcedo and Simone Leigh Salcedo


        Chapter 13


        #21.00 Confirmation of Chapter 13 Plan EH      

        Docket 0


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Elias Jon Salcedo Represented By Daniel King

        Joint Debtor(s):

        Simone Leigh Salcedo Represented By Daniel King

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-20942


        Salvador Gonzalez


        Chapter 13


        #22.00 Confirmation of Chapter 13 Plan EH      

        Docket 0


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Salvador Gonzalez Represented By Jenny L Doling

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-20944


        Nigel Green


        Chapter 13


        #23.00 Confirmation of Chapter 13 Plan EH      

        Docket 0

        *** VACATED *** REASON: CASE DISMISSED 1/21/20

        Tentative Ruling:

      • NONE LISTED -

        Party Information

        Debtor(s):

        Nigel Green Represented By

        Arlene M Tokarz

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-20970


        Marcelina Iniquez


        Chapter 13


        #24.00 Confirmation of Chapter 13 Plan EH      

        Docket 0


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Marcelina Iniquez Represented By Andrew Nguyen

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-21002


        Jose Luis Feliciano and Linda Joann Feliciano


        Chapter 13


        #25.00 Confirmation of Chapter 13 Plan EH      

        Docket 0


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Jose Luis Feliciano Represented By Carey C Pickford

        Joint Debtor(s):

        Linda Joann Feliciano Represented By Carey C Pickford

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-21015


        Bretton Kulin and Marissa Kulin


        Chapter 13


        #26.00 Confirmation of Chapter 13 Plan EH      

        Docket 0


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Bretton Kulin Represented By Edward T Weber

        Joint Debtor(s):

        Marissa Kulin Represented By Edward T Weber

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-21024


        Nancy C. Noel


        Chapter 13


        #27.00 Confirmation of Chapter 13 Plan EH      

        Docket 0


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Nancy C. Noel Represented By Gregory Ashcraft

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-21039


        Jim Curtis Lower, III


        Chapter 13


        #28.00 Confirmation of Chapter 13 Plan EH      

        Docket 0


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Jim Curtis Lower III Represented By Robert J Spitz

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-21042


        Kevin Odinni Lawrence and Vonetta Isioma Lawrence


        Chapter 13


        #29.00 Confirmation of Chapter 13 Plan EH      

        Docket 0


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Kevin Odinni Lawrence Represented By Summer M Shaw

        Joint Debtor(s):

        Vonetta Isioma Lawrence Represented By Summer M Shaw

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-21074


        Patrick E. Berry and Michelle L. Brown Berry


        Chapter 13


        #30.00 Confirmation of Chapter 13 Plan EH      

        Docket 0


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Patrick E. Berry Represented By Terrence Fantauzzi

        Joint Debtor(s):

        Michelle L. Brown Berry Represented By Terrence Fantauzzi

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-21112


        Santos Mercado Macias and Blanca Bojorquez De Leon


        Chapter 13


        #31.00 Confirmation of Chapter 13 Plan EH      

        Docket 0


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Santos Mercado Macias Represented By

        Ramiro Flores Munoz

        Joint Debtor(s):

        Blanca Bojorquez De Leon Represented By

        Ramiro Flores Munoz

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-21115


        Pete Moises Alvarez


        Chapter 13


        #32.00 Confirmation of Chapter 13 Plan EH      

        Docket 0


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Pete Moises Alvarez Represented By Paul Y Lee

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-21123


        Fiji Simmons


        Chapter 13


        #33.00 Confirmation of Chapter 13 Plan EH      

        Docket 0


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Fiji Simmons Represented By

        Rabin J Pournazarian

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-21129


        Willie James Franklin


        Chapter 13


        #34.00 Confirmation of Chapter 13 Plan EH      

        Docket 0

        *** VACATED *** REASON: CASE DISMISSED 1/23/20

        Tentative Ruling:

      • NONE LISTED -

        Party Information

        Debtor(s):

        Willie James Franklin Pro Se

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-21130


        Freya Antoinette Foley


        Chapter 13


        #35.00 Confirmation of Chapter 13 Plan EH      

        Docket 0


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Freya Antoinette Foley Represented By Andy C Warshaw

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-19814


        Jay Tony Klester


        Chapter 13


        #36.00 CONT Confirmation of Chapter 13 Plan From: 1/30/20

        EH      


        Docket 0


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Jay Tony Klester Represented By Yelena Gurevich

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:15-17922


        Homer Wilson and Evelyn Wilson


        Chapter 13


        #37.00 CONT Trustee's Motion to Dismiss Case From:1/30/20

        EH     


        Docket 127


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Homer Wilson Represented By Leonard J Cravens

        Joint Debtor(s):

        Evelyn Wilson Represented By Leonard J Cravens

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:15-19300


        Andrea Millette Tucker


        Chapter 13


        #38.00 Trustee's Motion to Dismiss Case EH     

        Docket 120


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Andrea Millette Tucker Represented By Dana Travis

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:16-10385


        Adolfo Gonzalez and Angelica Gonzalez


        Chapter 13


        #39.00 Trustee's Motion to Dismiss Case EH     

        Docket 109


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Adolfo Gonzalez Represented By Jaime A Cuevas Jr.

        Joint Debtor(s):

        Angelica Gonzalez Represented By Jaime A Cuevas Jr.

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:17-12700


        Eugene Alexis Padilla


        Chapter 13


        #40.00 Trustee's Motion to Dismiss Case EH     

        Docket 52


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Eugene Alexis Padilla Represented By John F Brady

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:17-14777


        Juanita Francis Casey


        Chapter 13


        #41.00 CONT Trustee's Motion to Dismiss Case From: 2/20/20

        EH     


        Docket 82


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Juanita Francis Casey Represented By Christopher J Langley

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:17-17134


        Noel Mallari


        Chapter 13


        #42.00 Trustee's Motion to Dismiss Case EH     

        Docket 36

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 2/24/20

        Tentative Ruling:

      • NONE LISTED -

        Party Information

        Debtor(s):

        Noel Mallari Represented By

        David L Nelson

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:17-20121


        Agustin Napolion Joya and Dora Maria Joya


        Chapter 13


        #43.00 Trustee's Motion to Dismiss Case EH     

        Docket 78


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Agustin Napolion Joya Represented By Daniel King

        Joint Debtor(s):

        Dora Maria Joya Represented By Daniel King

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:18-10456


        David Allen Rose, Jr. and Karen Sue Rose


        Chapter 13


        #44.00 Trustee's Motion to Dismiss Case EH     

        Docket 89


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        David Allen Rose Jr. Represented By Dana Travis

        Joint Debtor(s):

        Karen Sue Rose Represented By Dana Travis

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:18-14770


        Lamar Ramon Benjamin


        Chapter 13


        #45.00 CONT Trustee's Motion to Dismiss Case From: 1/30/20

        EH     


        Docket 58


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Lamar Ramon Benjamin Represented By

        Ethan Kiwhan Chin

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:18-15033


        Victor Portillo


        Chapter 13


        #46.00 CONT Trustee's Motion to Dismiss Case From: 12/19/19, 1/30/20, 2/13/20

        EH     


        Docket 55

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

        3/6/20

        Tentative Ruling:

      • NONE LISTED -

        Party Information

        Debtor(s):

        Victor Portillo Represented By Rebecca Tomilowitz

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:18-18415


        Donna Denise Upton


        Chapter 13


        #47.00 Trustee's Motion to Dismiss Case EH     

        Docket 61


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Donna Denise Upton Represented By Seema N Sood

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:18-20070


        Alexander J Perfinowicz and Ingeborg Maria Pefinowicz


        Chapter 13


        #48.00 Trustee's Motion to Dismiss Case EH     

        Docket 58


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Alexander J Perfinowicz Represented By Manfred Schroer

        Joint Debtor(s):

        Ingeborg Maria Pefinowicz Represented By Manfred Schroer

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:19-10391


        Joseph Antonio Alvarado, Jr. and Rachel Alvarado


        Chapter 13


        #49.00 CONT Trustee's Motion to Dismiss Case From: 2/20/20

        EH     


        Docket 37


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Joseph Antonio Alvarado Jr. Represented By Steven A Alpert

        Joint Debtor(s):

        Rachel Alvarado Represented By Steven A Alpert

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:19-10956


        Anthony Santiago Ramos and Lena Marie Ramos


        Chapter 13


        #50.00 Trustee's Motion to Dismiss Case EH     

        Docket 38


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Anthony Santiago Ramos Represented By Kristin R Lamar

        Joint Debtor(s):

        Lena Marie Ramos Represented By Kristin R Lamar

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:19-11692


        Julian Keith A. Vernon and Marie A. Vernon


        Chapter 13


        #51.00 Trustee's Motion to Dismiss Case EH     

        Docket 31


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Julian Keith A. Vernon Represented By

        Stuart G Steingraber

        Joint Debtor(s):

        Marie A. Vernon Represented By

        Stuart G Steingraber

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:19-11963


        Pamela M Bradford


        Chapter 13


        #52.00 CONT Trustee's Motion to Dismiss Case From: 1/30/20

        EH     


        Docket 63


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Pamela M Bradford Represented By

        James D. Hornbuckle

        Trustee(s):

        Rod Danielson (TR) Pro Se

        12:00 PM

        6:20-11087


        Ernesto Sandoval


        Chapter 13


        #52.10 CONT Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate 724 N. Sycamore Avenue Rialto CA 92376


        MOVANT: ERNESTO SANDOVAL


        From: 3/10/20 EH     

        Docket 6


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Ernesto Sandoval Represented By Jaime A Cuevas Jr.

        Movant(s):

        Ernesto Sandoval Represented By Jaime A Cuevas Jr. Jaime A Cuevas Jr.

        Trustee(s):

        Rod Danielson (TR) Pro Se

        12:00 PM

        6:18-14088


        Julio Melchor Menendez


        Chapter 13


        #53.00 CONT Application for Compensation First and Final Fee Application for Award of Compensation and Reimbursement of Expenses of Robert A. Hessling, APC, as General Counsel for Former Chapter 7 Trustee; and Declarations of Karl T. Anderson and Robert A. Hessling, with Proof of Service for Robert A. Hessling, APC, Trustee's Attorney, Period: 7/26/2018 to 2/25/2019, Fee: $25,517.00, Expenses: $361.35. (Hessling, Robert)


        From: 2/20/20 Also #54

        EH     


        Docket 79


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Julio Melchor Menendez Represented By John F Brady

        Movant(s):

        Robert A. Hessling, APC Represented By Robert A Hessling

        Trustee(s):

        Rod Danielson (TR) Pro Se

        12:00 PM

        6:18-14088


        Julio Melchor Menendez


        Chapter 13


        #54.00 CONT Application for Compensation FINAL FEES AND/OR EXPENSES for Karl T Anderson (TR), Trustee Chapter 7, Period: 5/15/2018 to 4/26/2019, Fee:

        $1,648.00, Expenses: $15.00. (Anderson (TR), Karl) From: 2/20/20

        Also #53 EH     

        Docket 71


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Julio Melchor Menendez Represented By John F Brady

        Movant(s):

        Karl T Anderson (TR) Represented By Robert A Hessling

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-20737


        Alfredo N Adriano


        Chapter 13


        #55.00 CONT Order to show cause why Alon Darvish should not be sanctioned From: 8/22/19, 9/19/19, 11/21/19, 1/30/20

        CASE DISMISSED 3/14/19


        EH     


        Docket 48

        *** VACATED *** REASON: CONTINUED TO 4/16/20 AT 1:00 PM

        Tentative Ruling:

      • NONE LISTED -

        Party Information

        Debtor(s):

        Alfredo N Adriano Represented By Christopher J Langley

        Trustee(s):

        Rod Danielson (TR) Pro Se

        10:00 AM

        6:17-13853


        Malik Muhammad Asif


        Chapter 7

        Adv#: 6:17-01197 Itria Ventures, LLC v. Asif et al


        #1.00 CONT Trial RE: [1] Adversary case 6:17-ap-01197. Complaint by Itria Ventures, LLC against Malik Muhammad Asif, Zobia Asif. false pretenses, false representation, actual fraud)) (Chekian, Michael)


        From: 11/25/19 EH     

        Docket 1

        *** VACATED *** REASON: PRE-TRIAL CONFERENCE SET 3/19/20 AT 2:00 P.M.

        Tentative Ruling:

      • NONE LISTED -

        Party Information

        Debtor(s):

        Malik Muhammad Asif Represented By Todd L Turoci

        Defendant(s):

        Malik Muhammad Asif Represented By David T Egli

        Zobia Asif Represented By

        David T Egli

        Joint Debtor(s):

        Zobia Asif Represented By

        Todd L Turoci

        Plaintiff(s):

        Itria Ventures, LLC Represented By Michael F Chekian

        10:00 AM

        CONT...

        Trustee(s):


        Malik Muhammad Asif


        Chapter 7

        Arturo Cisneros (TR) Represented By Thomas H Casey

        11:00 AM

        6:18-17635


        David Bloch and Sarah Bloch


        Chapter 13


        #2.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 1992 Fleetwood Sunpointe Manufactured Home


        MOVANT: 21ST MORTGAGE CORPORATION


        EH     


        Docket 36


        Tentative Ruling:

        3/17/2020


        Service: Proper Opposition: None


        The Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1). DENY request for relief pursuant to § 362(d)(2) because Movant has not provided any evidence establishing that Debtors lack equity in the subject property. GRANT waiver of Rule 4001(a)(3) stay. GRANT request under ¶ 2. DENY alternative request under ¶ 11 as moot.


        APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

        Party Information

        Debtor(s):

        David Bloch Represented By

        Julie J Villalobos

        Joint Debtor(s):

        Sarah Bloch Represented By

        Julie J Villalobos

        11:00 AM

        CONT...

        Movant(s):


        David Bloch and Sarah Bloch


        Chapter 13

        21st Mortgage Corporation Represented By Diane Weifenbach

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-17992


        Judy May Wells


        Chapter 13


        #3.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1724 Beacon Court, San Jacinto, CA 92583


        MOVANT: NATIONSTAR MORTGAGE LLC D/B/A/ MR COOPER


        From: 3/3/20 EH     

        Docket 62

        *** VACATED *** REASON: ORDER ENTERED 3/4/20

        Tentative Ruling:

        3/3/2020


        Service: Proper Opposition: Yes

        Parties to apprise Court of status of adequate protection discussions. APPEARANCES REQUIRED.

        Party Information

        Debtor(s):

        Judy May Wells Represented By David L Nelson

        Movant(s):

        Nationstar Mortgage LLC Represented By Darlene C Vigil

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:20-10501


        Angel Hernandez


        Chapter 13


        #4.00 Notice of motion and motion for relief from the automatic stay with supporting declarations UNLAWFUL DETAINER RE: 2525 E Lincoln Ave Anaheim, CA 92806


        MOVANT: SUNKIST ENTERPRISES, INC.


        EH     


        Docket 32


        Tentative Ruling:

        3/17/2020


        Service is Proper Opposition: None


        The Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1). GRANT relief from Rule 4001(a)(3) stay. GRANT request under ¶ 2.


        Regarding Movant’s request to annul the automatic stay, the Bankruptcy Appellate Panel, in In re Fjeldsted, noted the absence of a clear standard for annulment of the automatic stay. 293 B.R. 12, 21 (B.A.P. 9th Cir. 2003) ("There is less appellate clarity, however, in enunciating a test for retroactive stay relief. Inconsistent standards have thus developed, which run the gamut from such relief being justified only in ‘extreme circumstances’ to giving the court ‘wide latitude’ to ‘balance the equities’ on a case- by-case basis."). More recently, the Bankruptcy Appellate Panel stated the following regarding the standard for annulment of the automatic stay:


        Determining whether cause exists to annul the stay is a case-by-case inquiry based on a balance of the equities. In conducting this inquiry the bankruptcy court, among other factors, should consider whether the creditor knew of the bankruptcy when violating the stay and whether the debtor’s conduct was

        11:00 AM

        CONT...


        Angel Hernandez

        unreasonable, inequitable or prejudicial to the creditor.


        Chapter 13


        In Fjeldsted, we approved additional factors for consideration in assessing the equities. The twelve nonexclusive factors are: (1) number of filings; (2) whether, in a repeat filing case, the circumstances indicate an intention to delay and hinder creditors; (3) a weighing of the extent of prejudice to creditors or third parties if the stay relief is not made retroactive, including whether harm exists to a bona fide purchaser; (4) the debtor’s overall good faith (totality of circumstances test); (5) whether creditors knew of stay but nonetheless took action, thus compounding the problem; (6) whether the debtor has complied, and is otherwise complying, with the Bankruptcy Code and Rules; (7) the relative ease of restoring parties to the status quo ante; (8) the costs of annulment to debtors and creditors; (9) how quickly creditors moved for annulment, or how quickly debtor moved to set aside the sale or violative conduct; (10) whether, after learning of the bankruptcy, creditors proceeded to take steps in continued violation of the stay, or whether they moved expeditiously to gain relief; (11) whether annulment of the stay will cause irreparable injury to the debtor; and (12) whether stay relief will promote judicial economy or other efficiencies. The Panel in Fjeldsted cautioned that the twelve factors are merely a framework for analysis and not a scorecard, and that in any given case, one factor may so outweigh the others as to be dispositive.


        In re Estavan Capital LLC, 2015 WL 7758494 at *5 (B.A.P. 9th Cir. 2015) (citations and quotations omitted); see also In re Nat’l Envtl. Waste Corp., 129 F.3d 1052, 1055 (9th Cir. 1997) ("Many courts have focused on two factors in determining whether cause exists to grant relief from the stay: (1) whether the creditor was aware of the bankruptcy petition; and (2) whether the debtor engaged in unreasonable or inequitable conduct, or prejudice would result to the creditor.").


        Fjeldsted cautioned that the enumerated factors are not a scorecard, but the standards articulated above weigh in favor of annulling the stay in this case. Several hours prior

        11:00 AM

        CONT...


        Angel Hernandez


        Chapter 13

        to Debtor’s bankruptcy filing, Movant lodged a proposed judgment in state court; a judgment was ultimately entered by the state court six days later. Therefore, it is clear that Movant was unaware of the filing of the bankruptcy petition, which had not yet occurred, when the judgment was lodged. Additionally, the Court notes that the timing of the filing of the bankruptcy petition is inequitable in relation to Movant.

        The two primary factors articulated by the Ninth Circuit in In re Nat’l Evtl. Waste Corp. both heavily weighing in favor of annulling the automatic stay, and Debtor not having filed any opposition to the instant motion, which the Court deems consent to the relief requested pursuant to Local Rule 9013-1(h), the Court is inclined to GRANT the motion, annulling the automatic stay retroactive to the petition date.


        APPEARANCES REQUIRED.

        Party Information

        Debtor(s):

        Angel Hernandez Represented By Bryn C Deb

        Movant(s):

        Sunkist Enterprises, inc. Represented By Barry L O'Connor

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:20-11253


        Jennifer Isabella Solares


        Chapter 13


        #5.00 Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate 2017 Toyota Camry


        MOVANT: JENNIFER SOLARES


        EH     


        Docket 12


        Tentative Ruling:

        3/17/2020


        Service: Proper Opposition: None


        The Court having reviewed the motion, notice appearing proper and no opposition having been filed, the Court is inclined to find that Debtor has provided sufficient evidence to rebut the statutory presumption arising under 11 U.S.C. § 362(c)(3)(C)(II) (cc) that the case was not filed in good faith, and, as a result, the Court is inclined to CONTINUE the automatic stay as to all creditors. The Court is inclined to DENY the request to impose the stay as to all creditors because § 362(c)(4) is inapplicable in this case.


        APPEARANCES REQUIRED.

        Party Information

        Debtor(s):

        Jennifer Isabella Solares Represented By

        Rabin J Pournazarian

        Movant(s):

        Jennifer Isabella Solares Represented By

        Rabin J Pournazarian

        11:00 AM

        CONT...


        Trustee(s):


        Jennifer Isabella Solares


        Rabin J Pournazarian


        Chapter 13

        Rod Danielson (TR) Pro Se

        2:00 PM

        6:19-19930


        Enrique Garcia and Flavia C Garcia


        Chapter 11


        #6.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 6116 Dodd St, Jurupa Valley, California 91752


        MOVANT: SHARON MEIER SUMMERS


        Also # EH     

        Docket 68

        *** VACATED *** REASON: ORDER ENTERED 3/16/20

        Tentative Ruling:

      • NONE LISTED -

        Party Information

        Debtor(s):

        Enrique Garcia Represented By Michael R Totaro

        Joint Debtor(s):

        Flavia C Garcia Represented By Michael R Totaro

        Movant(s):

        Sharon Meier Summers Represented By Julian K Bach

        2:00 PM

        6:19-19930


        Enrique Garcia and Flavia C Garcia


        Chapter 11


        #7.00 Motion by United States Trustee to Convert or Dismiss Chapter 11 Case Also #

        EH     


        Docket 65


        Tentative Ruling:

      • NONE LISTED -


      Debtor(s):


      Party Information

      Enrique Garcia Represented By Michael R Totaro

      Joint Debtor(s):

      Flavia C Garcia Represented By Michael R Totaro

      Movant(s):

      United States Trustee (RS) Represented By Everett L Green

      Abram Feuerstein esq Cameron C Ridley

      10:00 AM

      6:17-13853


      Malik Muhammad Asif


      Chapter 7

      Adv#: 6:17-01197 Itria Ventures, LLC v. Asif et al


      #1.00 CONT Trial RE: [1] Adversary case 6:17-ap-01197. Complaint by Itria Ventures, LLC against Malik Muhammad Asif, Zobia Asif. false pretenses, false representation, actual fraud)) (Chekian, Michael)


      From: 11/25/19, 3/17/20 EH     

      Docket 1

      *** VACATED *** REASON: PRE-TRIAL CONFERENCE SET 3/19/20 AT 2:00 P.M.

      Party Information

      Debtor(s):

      Malik Muhammad Asif Represented By Todd L Turoci

      Defendant(s):

      Malik Muhammad Asif Represented By David T Egli

      Zobia Asif Represented By

      David T Egli

      Joint Debtor(s):

      Zobia Asif Represented By

      Todd L Turoci

      Plaintiff(s):

      Itria Ventures, LLC Represented By Michael F Chekian

      Trustee(s):

      Arturo Cisneros (TR) Represented By

      10:00 AM

      CONT...


      Malik Muhammad Asif


      Thomas H Casey


      Chapter 7

      2:00 PM

      6:17-20092


      Mark Bastorous


      Chapter 7

      Adv#: 6:18-01063 Chen et al v. Bastorous et al


      #2.00 CONT Status Conference re Amended Complaint by Douglas L Mahaffey on behalf of Chienan Chen, Chun-Wu Li against Bernadette Shenouda, 3 Columnar Ladera LLC, Mike Bareh, Mark Bastorous, MB Capital Group LLC. (Dismissed as to Bernadette Shenouda 1/2/19)


      From: 5/9/18, 6/6/18, 8/22/18, 10/31/18, 2/27/19, 6/12/19, 1/15/20, 3/4/20


      EH     


      Docket 5

      Debtor(s):

      *** VACATED *** REASON: CONTINUED TO 4/1/20 AT 2:00 P.M.

      Party Information

      Mark Bastorous Represented By Thomas F Nowland

      Defendant(s):

      Mark Bastorous Represented By Thomas F Nowland

      3 Columnar Ladera LLC Pro Se

      Mike Bareh Represented By

      Mirco J Haag Jason E Goldstein

      MB Capital Group LLC Pro Se

      Bernadette Shenouda Represented By Thomas F Nowland

      Joint Debtor(s):

      Bernadette Shenouda Represented By Thomas F Nowland

      2:00 PM

      CONT...


      Mark Bastorous


      Chapter 7

      Plaintiff(s):

      Chienan Chen Represented By Douglas L Mahaffey

      Chun-Wu Li Represented By

      Douglas L Mahaffey

      Trustee(s):

      John P Pringle (TR) Represented By David M Goodrich Reem J Bello

      11:00 AM

      6:17-12232


      Margarito Martinez


      Chapter 13

      Adv#: 6:19-01051 Martinez v. Garza et al


      #1.00 Motion for Default Judgment Also #2

      EH     


      Docket 55

      Tentative Ruling:

      3/19/20

      BACKGROUND


      On March 21, 2017, Margarito Martinez ("Plaintiff") filed a Chapter 13 voluntary petition. On July 19, 2017, Plaintiff’s Chapter 13 plan was confirmed.


      On March 15, 2019, Debtor filed a complaint against Cesar Garza ("Garza"), Noe Pelayo, George Macias ("Macias"), Flor Valladares, Henry Gonzalez, West Coast Plus Realty, Inc., Grand Capital Group, and M&M Associates (collectively, "Defendants") for (1) turnover of property; and (2) conversion. On October 18, 2019, default was entered against Defendants. The only party that filed an answer was Macias. Plaintiff took no further action with regard to M&M Associates. The Court entered default against the remainder of Defendants on February 19, 2020. On February 20, 2020, Plaintiff filed a motion for default judgment.


      Plaintiff’s complaint relates to attempts to refinance his mortgage during 2016. The complaint asserts that "Garza convinced Plaintiff that he should instead sell his home to a third party who would allow [Plaintiff] to continue to reside in the property and

      11:00 AM

      CONT...


      Margarito Martinez


      Chapter 13

      eventually repurchase the property." Garza arranged for four individuals to purchase the property, but, as part of the purchase, additional cash in the amount of $21,750 would have to be paid by Plaintiff. Paragraph 21 of the complaint states that: "Garza told Plaintiff that he was not allowed to put the money directly into escrow and that he instead would have to make payments to different entities and Garza would then deposit these funds into the open escrow." Subsequently, Plaintiff made six payments from a 401k loan, totaling $21,378 (the "Funds"), four of which were made to entities related to Garza, and two of which were made to individuals allegedly associated with Garza.


      The subsequent history of the Funds is less than clear. The final payment was made approximately four months before Plaintiff filed the instant bankruptcy petition.

      According to the complaint, Garza claimed to be holding the Funds in escrow at the time the bankruptcy petition was filed, repeatedly stated that he would return the Funds, but now Garza has admitted that he spent the funds on a new business venture.


      DISCUSSION



      1. Entry of Default



        FED. R. CIV. P. Rule 55 states that "[w]hen a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party’s default." Fed. R. Civ. P. 55(a). Local Rule 7055-1 provides further requirements relating to a motion for entry of default judgment, and those requirements have been substantially satisfied here.


      2. Motion for Default Judgment

      11:00 AM

      CONT...


      Margarito Martinez

      1. Proper Service of Summons and Complaint


        Chapter 13


        FED. R. BANKR. P. Rule 7004(b)(1) states, in part:


        1. ervice may be made within the United States by first class mail postage prepaid as follows:


          1. Upon an individual other than an infant or incompetent, by mailing a copy of the summons and complaint to the individual’s dwelling house or usual place of abode or to the place where the individual regularly conducts a business or profession.


            The Court notes that Plaintiff has used two different service addresses for this action:

            1. 15526 Amar Rd., La Puente, CA 91744 (for Garza, Henry Gonzalez, Flor Valladares, and Grand Capital Group); and (2) 1731 Pass and Covina Rd., La Puente, CA 91744 (for Noe Pelayo and West Coast Plus Realty). Plaintiff has not provided any evidence establishing the source of appropriateness of these service addresses.


      2. Merits of Plaintiff’s claim


        Upon default, the factual allegations of the complaint, except those relating to the amount of damages, will be taken as true. TeleVideo Systems, Inc. v. Heidenthal, 826 F.2d 915, 917 (9th Cir. 1987); see also Almog v. Golden Summit Investors Group, Ltd., 2012 WL 12867972 at *4 (C.D. Cal. 2012) ("When reviewing a motion for default judgment, the Court must accept the well-pleaded allegations of the complaint relating to liability as true.").

        11:00 AM

        CONT...


        Margarito Martinez


        Chapter 13

        Here, the complaint includes two causes of action: (1) turnover of property of the estate; and (2) conversion.


        Regarding the cause of action for turnover, 11 U.S.C. § 542(a) states:


        Except as provided in subsection (c) or (d) of this section, an entity, other than a custodian, in possession, custody, or control, during the case, of property that the trustee may use, sell, or lease under section 363 of this title, or that the debtor may exempt under section 522 of this title, shall deliver to the trustee, and account for, such property or the value of such property, unless such property is of inconsequential value or benefit to the estate.


        The standard for a turnover action is well established:


        "To prevail in a turnover action under § 542, the party seeking turnover must establish (1) that the property is or was in the possession, custody or control of an entity during the pendency of the case, (2) that the property may be used by the trustee in accordance with § 363 or exempted by the debtor under § 522; and (3) that the property has more than inconsequential value or benefit to the estate."


        In re Bailey, 380 B.R. 486, 490 (B.A.P. 6th Cir. 2008); see also In re Newman, 487

        B.R. 193 (B.A.P. 9th Cir. 2013). The complaint contains sufficient evidence to establish the first and third prongs of this test. Regarding the first prong, the complaint states, in paragraph 26, that: "[a]t the time the Bankruptcy Case was filed, Garza claimed to be holding the Funds in escrow for Plaintiff." Regarding the third prong, the value of the funds at issue, and the absence of any claim secured by the Funds, sufficiently establishes that the Funds are of more than inconsequential value to the estate. Regarding the second prong, the Court concludes that the allegations in the complaint are sufficiently clear to establish that the Plaintiff had some property interest in the Funds and that that property interest could have been exempted.

        11:00 AM

        CONT...


        Margarito Martinez


        Chapter 13


        The Court notes, however, an issue with the request for turnover. First, while the complaint requests turnover as to all defendants, paragraph 26 of the complaint indicates that it was specifically Garza who had possession of the Funds at the time of the bankruptcy filing. The complaint does not contain any allegations that any other defendant had possession or control of the Funds postpetition, and, as a result, only a judgment against Garza appears appropriate.


        Regarding the cause of action for conversion, "[t]he elements of conversion are (1) the plaintiff’s ownership or right to possession of the property; (2) the defendant’s conversion by wrongful act inconsistent with the property rights of the plaintiff; and

  2. damages." In re Emery, 317 F.3d 1064, 1069 (9th Cir. 2003). "It is not necessary that there be a manual taking of the property; it is only necessary to show an assumption of control or ownership over the property, or that the alleged converted has applied the property to his own use." Shopoff & Cavallo LLP v. Hyon, 167 Cal. App. 4th 1489, 1507 (Cal. Ct. App. 2008). Here, Plaintiff has adequately alleged (a) a right to possession of the funds; (b) Garza’s conversion of the funds to his own personal use; and (c) damages. As was stated in the preceding paragraph, however, the only defendant alleged to have committed conversion in the complaint is Garza.


Nevertheless, the Court notes that it has an independent duty to consider whether subject-matter jurisdiction is present. It is not clear that the Court has jurisdiction to enter a money-judgment by way of default on a state law, post-confirmation claim, in a Chapter 13 case.


  1. Amount of Damages


Plaintiff’s complaint contains sufficiently detailed allegations to substantiate the

$21,378 in actual damages. The complaint and the motion for default judgment do not, however, provide the Court with any argument or basis upon which to award punitive damages, attorney’s fees, or prejudgment interest. For that reason, the Court is inclined to limit the judgment to $21,378.

11:00 AM

CONT...


Margarito Martinez


Chapter 13


TENTATIVE RULING



Conditioned on Plaintiff providing adequate evidence establishing proper service, the Court is inclined to GRANT the motion and issue a default judgment as to Garza in the amount of $21,378 on the cause of action for turnover, and to DENY the motion as to the remaining defendants. Plaintiff to address the Court’s subject matter jurisdiction to enter a money judgment on the claim for conversion.


APPEARANCES REQUIRED.


Party Information

Debtor(s):

Margarito Martinez Represented By Christopher J Langley

Defendant(s):

Cesar Garza Pro Se

Noe Pelayo Pro Se

George Arthur Macias Pro Se

Flor Valladares Pro Se

Henry Gonzalez Pro Se

West Coast Plus Realty, Inc. Pro Se

Grand Capital Group Pro Se

M&M Associates Pro Se

Movant(s):

Margarito Martinez Represented By Christopher J Langley

11:00 AM

CONT...


Margarito Martinez


Chapter 13

Plaintiff(s):

Margarito Martinez Represented By Christopher J Langley

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:17-12232


Margarito Martinez


Chapter 13

Adv#: 6:19-01051 Martinez v. Garza et al


#2.00 CONT Status Conference RE: [1] Adversary case 6:19-ap-01051. Complaint by Margarito Martinez against Cesar Emilo Garza, Noe Pelayo, George Arthur Macias, Flor Valladares, Henry Gonzalez, West Coast Realty, Inc., Grand Capital Group, M&M Associates. (Charge To Estate - $350.00). Nature of Suit: (11 (Recovery of money/property - 542 turnover of property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy)))


From: 5/23/19, 8/22/19, 10/17/19, 12/19/19, 2/20/20


Also #1 EH     

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Margarito Martinez Represented By Christopher J Langley

Defendant(s):

Cesar Garza Pro Se

Noe Pelayo Pro Se

George Arthur Macias Pro Se

Flor Valladares Pro Se

Henry Gonzalez Pro Se

West Coast Plus Realty, Inc. Pro Se

11:00 AM

CONT...


Margarito Martinez


Chapter 13

Grand Capital Group Pro Se

M&M Associates Pro Se

Plaintiff(s):

Margarito Martinez Represented By Christopher J Langley

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:14-24213


Rula Nino


Chapter 13


#3.00 CONT Motion For Order Denying Discharge And Dismissing Chapter 13 Case From: 2/20/20

EH     


Docket 135

Tentative Ruling:

2/20/2020

BACKGROUND


On November 21, 2014, Rula Nino ("Debtor") filed a Chapter 13 voluntary petition. On February 26, 2015, Debtor’s Chapter 13 plan was confirmed.


On January 9, 2020, Trustee filed its Notice of Final Cure Mortgage Payment. On January 29, 2020, Specialized Loan Servicing LLC ("Creditor") filed its response. Creditor’s response indicated that Debtor was $33,220.36 delinquent on postpetition payments.


On January 30, 2020, Trustee filed a motion for order denying discharge and dismissing case. On February 12, 2020, Debtor filed a late response. The response states that Debtor withdrew funds from a retirement account in an amount equal to the postpetition delinquency. Debtor also provides a copy of a cashier’s check in the amount of $33,220.36 addressed to Creditor.


DISCUSSION

11:00 AM

CONT...


Rula Nino


Chapter 13


Pursuant to Debtor’s response, it appears that Debtor has cured, or is ready and able to cure, the material default under the Chapter 13 plan raised by Trustee. For that reason, the Court is inclined to continue the hearing on the motion to confirm cure of the postpetition delinquency.


TENTATIVE RULING



The Court is inclined to CONTINUE the motion for cure of the postpetition delinquency asserted by Creditor.


APPEARANCES REQUIRED.


Debtor(s):


Party Information

Rula Nino Represented By

Devin Sawdayi

Movant(s):

Rod Danielson (TR) Pro Se

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:17-12712


Jose Luis Castillo


Chapter 13


#4.00 Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to modify plan or suspend plan payments


EH         


Docket 35


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jose Luis Castillo Represented By Sunita N Sood Seema N Sood

Movant(s):

Jose Luis Castillo Represented By Sunita N Sood Sunita N Sood Sunita N Sood Sunita N Sood Sunita N Sood Sunita N Sood Seema N Sood Seema N Sood Seema N Sood Seema N Sood Seema N Sood Seema N Sood

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:17-20652


Marian Amelia Pagano


Chapter 13


#5.00 Application for Compensation 012920 Notice of Application and Application for Frank J Alvarado, Debtor's Attorney, Period: 12/16/2019 to 1/29/2020, Fee:

$1911.25, Expenses: $0.00. EH     

Docket 65


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Marian Amelia Pagano Represented By Frank J Alvarado

Movant(s):

Marian Amelia Pagano Represented By Frank J Alvarado

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:18-13566


Marco Tulio Magana and Gloria Louisa Magana


Chapter 13


#6.00 Motion for Order to Vacate Dismissal EH     

Docket 61

Tentative Ruling:

3/19/20

BACKGROUND


On April 27, 2018, Marco & Gloria Magana (collectively, "Debtors") filed a Chapter 13 voluntary petition. At the original confirmation hearing, June 28, 2018, the Court ordered Debtors’ attorney, Daniel King ("Counsel"), to disgorge $1,750 in fees. After the second confirmation hearing, the Court issued an order to show cause why Counsel should not be (1) sanctioned in the amount of $5,000; and (2) ordered to personally appear in all future matters in front of Judge Houle. Debtors’ Chapter 13 plan was ultimately confirmed on August 17, 2018.


On July 15, 2019, Trustee filed a motion to dismiss for failure turnover tax refunds. On August 6, 2019, Debtors filed an opposition stating that they would turnover the tax refunds by the date of the hearing. At the hearing, however, Debtors stated that the IRS intercepted the tax refunds, and the Court continued the matter to November 7, 2019. By the continued hearing, however, Debtors had not taken any meaningful steps to locate the tax returns, The Court dismissed the case on November 7, 2019.


On February 13, 2020, Debtor filed a motion to vacate dismissal. The entirety of Debtors’ argument is the following: "In this case it was misunderstanding that the IRS did not keep debtor’s refund, but receipt of refund by Franchise Tax Board. It was not until the Court had dismissed the case that counsel became aware of this mistake after

11:00 AM

CONT...


Marco Tulio Magana and Gloria Louisa Magana


Chapter 13

carefully reviewing the case.


On February 19, 2020, Trustee filed opposition arguing that: (1) Debtors provided no explanation for the delay of more than three months in seeking to vacate dismissal; (2) Debtors’ argument makes no sense; (3) notice and service of the motion were inadequate; and (4) the motion is legally deficient.


DISCUSSION



Debtor relies on FED. R. CIV. P. Rule 60(b)(1), incorporated into bankruptcy proceedings by FED. R. BANKR. P. Rule 9024, which allows for relief from an order based on "mistake, inadvertence, surprise, or excusable neglect." It is well established, however, that "an attorney’s ignorance and carelessness does not provide grounds for Rule 60(b) relief." In re Mercado, 144 B.R. 879, 886 (Bankr. C.D. Cal. 1992) (citing Bershad v. McDonough, 469 F.2d 1333, 1337 (7th Cir. 1972). And the mere assertion that counsel did not fulfill its duties, but that such carelessness was inadvertent, is clearly inadequate to support Rule 60(b) relief. See, e.g., In re ACME Motors, Inc., 125 B.R. 702, 703 (Bankr. D.R.I. 1991).


"Rule 60(b) relief is extraordinary." Id. Yet, in this court, a request for relief from a Chapter 13 dismissal order has become semi-ordinary. On occasion, the requests are legally sound. Here, however, the evidence provided simply indicates that Debtor’s counsel did not take appropriate action to address the pending motion to dismiss.


The Seventh Circuit has stated that:


  1. he clients are principals, the attorney is an agent, and under the law of agency the principal is bound by his chosen agent’s deeds. The rule is that all of the attorney’s misconduct (except in the cases where the act is outside the scope of employment or in cases of excusable neglect) becomes the problem

11:00 AM

CONT...


Marco Tulio Magana and Gloria Louisa Magana


Chapter 13

of the client. A lawyer who inexcusably neglects his client’s obligations does not present exceptional circumstances.


Bakery Mach. & Fabrication, Inc. v. Traditional Baking, Inc., 570 F.3d 845, 848 (7th Cir. 2009). "Although attorney carelessness can [in certain circumstances] constitute ‘excusable neglect’ under Rule 60(b)(1), attorney inattentiveness to litigation is not excusable, no matter what the resulting consequences the attorney’s somnolent behavior may have on a litigant." Easley v. Kirmsee, 382 F.3d 693, 698 (7th Cir. 2004) (collecting cases).


Furthermore, the Court notes that Debtors’ motion to vacate dismissal is riddled with substantive, grammatical, and typographical errors. The motion does not raise a meaningful argument in support of the relief requested, and the explanation for the dismissal of the case is incoherent. Finally, as pointed out by Trustee, the Court notes that notice and service of the motion was improper.


TENTATIVE RULING



The Court is inclined to DENY the motion.


APPEARANCES REQUIRED.


Party Information

Debtor(s):

Marco Tulio Magana Represented By Daniel King

Joint Debtor(s):

Gloria Louisa Magana Represented By Daniel King

11:00 AM

CONT...

Movant(s):


Marco Tulio Magana and Gloria Louisa Magana


Chapter 13

Marco Tulio Magana Represented By Daniel King

Gloria Louisa Magana Represented By Daniel King

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:18-14088


Julio Melchor Menendez


Chapter 13


#7.00 CONT Application for Compensation First and Final Fee Application for Award of Compensation and Reimbursement of Expenses of Robert A. Hessling, APC, as General Counsel for Former Chapter 7 Trustee; and Declarations of Karl T. Anderson and Robert A. Hessling, with Proof of Service for Robert A. Hessling, APC, Trustee's Attorney, Period: 7/26/2018 to 2/25/2019, Fee: $25,517.00, Expenses: $361.35. (Hessling, Robert)


From: 2/20/20, 3/12/20 EH     

Docket 79


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Julio Melchor Menendez Represented By John F Brady

Movant(s):

Robert A. Hessling, APC Represented By Robert A Hessling

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-18761


Alejandro E. Penaloza and Maria G. Penaloza


Chapter 13


#8.00 CONT Motion RE: Objection to Claim Number 3 by Claimant Capital One Auto Finance


From: 1/16/20 EH     

Docket 21

*** VACATED *** REASON: ORDER ENTERED 3/13/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Alejandro E. Penaloza Represented By Sundee M Teeple

Joint Debtor(s):

Maria G. Penaloza Represented By Sundee M Teeple

Movant(s):

Alejandro E. Penaloza Represented By Sundee M Teeple Sundee M Teeple

Maria G. Penaloza Represented By Sundee M Teeple Sundee M Teeple

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-19092


Hakim M. Iscandari and Christine E. Allen


Chapter 13


#9.00 Motion to Disallow Claims / Objection to claim No. 21-1 EH     

Docket 67

Tentative Ruling:

3/19/2020

BACKGROUND:


On October 16, 2019, Hakim Iscandari & Christine Allen (collectively, "Debtors") filed a Chapter 13 voluntary petition. On December 26, 2019, HSBC Bank USA. National Association, as Trustee, in trust for the registered holders of ACE Securities Corp. Home Equity Loan Trust, Series 2006-NC3, Asset Backed Pass-Through Certificates ("Creditor") filed a proof of claim for a secured claim in the amount of

$126,479.21 ("Claim 21").


On February 14, 2020, Debtor filed an objection to Claim 21, arguing that Claim 21 was filed one day late and, as a result, should be disallowed.


APPLICABLE LAW:


Pursuant to 11 U.S.C. § 502(a), a proof of claim is deemed allowed unless a party in interest objects. Absent an objection, a proof of claim constitutes prima facie evidence of the validity and amount of the claim under Federal Rule of Bankruptcy Procedure ("FRBP") 3001(f). See Lundell v. Anchor Constr. Specialists, Inc., 223

11:00 AM

CONT...


Hakim M. Iscandari and Christine E. Allen


Chapter 13

F.3d 1035, 1039 (9th Cir. 2000). When a party files an objection to a proof of claim, that filing "creates a dispute which is a contested matter" within the meaning of FRBP 9014 and the Court must resolve the matter after notice and opportunity for hearing upon a motion for relief. Id.


When a creditor has filed a proof of claim that complies with the rules (thereby giving rise to the presumption of validity), the burden shifts to the objecting party who must "present evidence to overcome the prima facie case." In re Medina, 205 B.R. 216, 222 (9th Cir. B.A.P. 1996). To defeat the claim, the objecting party must provide sufficient evidence and "show facts tending to defeat the claim by probative force equal to that of the allegations of the proofs of claim themselves." Lundell, 223 F.3d at 1039 (quoting In re Holm, 931 F.2d 620, 623 (9th Cir. 1991)). "The objector must produce evidence, which, if believed, would refute at least one of the allegations that is essential to the claim’s legal sufficiency." Lundell, 223 F.3d at 1040 (quoting In re Allegheny Int’l, Inc., 954 F.2d 167, 173-74 (3d Cir. 1992)). If the objecting party produces sufficient evidence to negate one or more of the sworn facts in the proof of claim, the burden reverts back to the claimant to prove the validity of the claim by a preponderance of the evidence. See In re Consol. Pioneer Mort, 178 B.R. 222, 226 (9th Cir. BAP 1995), aff’d, 91 F.3d 151 (9th Cir. 1996) (quoting Allegheny Int’l, 954 F.2d at 173-74). The ultimate burden of persuasion remains at all times on the claimant. See Lundell, 223 F.3d at 1039; see also Holm, 931 F.2d at 623.


ANALYSIS:


FED. R. BANKR. P. Rule 3002(c) provides that, subject to certain exceptions not applicable here, the deadline for filing a proof of claim in a Chapter 13 case is seventy days after the petition date. As noted by Debtors, in this case seventy days after the petition date was December 25, 2019 – in other words, Christmas. FED. R. BANKR. P. Rule 9006(a)(1)(C) provides that if a deadline is on a Saturday, Sunday, or legal holiday, "the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday." Accordingly, this Court’s notice of bankruptcy,

11:00 AM

CONT...


Hakim M. Iscandari and Christine E. Allen


Chapter 13

issue on October 19, 2019, as docket number 10, specifies a deadline for filing claims of December 26, 2019. Therefore, Debtors’ argument is incorrect.


TENTATIVE RULING


The Court will OVERRULE the objection.


APPEARANCES REQUIRED. Michael Smith to appear and explain how he signed the supporting declaration in September.

Party Information

Debtor(s):

Hakim M. Iscandari Represented By Christopher J Langley

Joint Debtor(s):

Christine E. Allen Represented By Christopher J Langley

Movant(s):

Hakim M. Iscandari Represented By Christopher J Langley

Christine E. Allen Represented By Christopher J Langley Christopher J Langley

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10278


Tina M Gibbons, Sr.


Chapter 13


#10.00 Motion for Setting Property Value for 2016 Chevrolet Malibu Also #11

EH     


Docket 33

Tentative Ruling:

3/19/20

BACKGROUND


On January 13, 2020, Tina Gibbons ("Debtor") filed a Chapter 13 voluntary petition. Among the assets of the estate is a 2016 Chevrolet Malibu (the "Property"). Pursuant to Claim 2, Alaska USA Federal Credit Union ("Creditor") holds a secured claim against the Property. Claim 2 identifies the total value of Creditor’s claim as

$19,251.90, and lists the secured value of the claim as $16,560.48.


On February 25, 2020, Debtor filed a motion to value the Property; the motion was amended the following day. Debtor asserts that the Property should be valued at

$13,697.


DISCUSSION



One of the benefits of filing a Chapter 13 bankruptcy is that under § 506(a) the debtor can bifurcate a secured, unavoidable debt, with one part representing the amount of

11:00 AM

CONT...


Tina M Gibbons, Sr.


Chapter 13

the value of the collateral, and the deficiency being treated as an unsecured claim. See In re Penrod, 636 F.3d 1175, 1177 (9th Cir. 2011).


Presently, the Ninth Circuit has not established a uniform method for valuations. See In re Ayres, 2010 WL 652825 at *5 (Bankr. N.D. Cal. 2010) (collecting cases detailing vehicle valuation and describing the state of the law in the Ninth Circuit). In In re Morales, however, which this Court has previously cited with approval, it was determined that value should be calculated "by adjusting the Kelley Blue Book or

N.A.D.A. Guide retail value for a like vehicle by a reasonable amount in light of the evidence presented regarding the condition of the vehicle or any other relevant factors." In re Morales, 387 B.R. 36, 45 (Bankr.C.D.Cal.2008).


According to the court in In re Morales, the retail values, and not the private party values, are the appropriate starting points because the text of § 506(a)(2) refers to "the price a retail merchant would charge" and does not refer to the price a private party would charge. Morales at 46.


Here, Debtor has provided a Kelly Blue Book report identifying the "fair purchase price" retail value of the Property. The Court deems the evidence submitted by Debtor to be sufficient, and the Court deems the non-opposition to be consent to the relief requested pursuant to Local Rule 9013-1(h). The Court notes, however, that Debtor has mistakenly used the "secured amount" listed in Claim 2, rather than the total claim amount, when identifying a proposed bifurcation of Claim 2.


Tentative Ruling:



The Court is inclined to GRANT the motion, valuing the Property at $13,697, and bifurcating Claim 2 into a secured claim in the amount of $13,697 and an unsecured claim in the amount of $5,554.90.

11:00 AM

CONT...


Tina M Gibbons, Sr.


Chapter 13

APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


Party Information

Debtor(s):

Tina M Gibbons Sr. Represented By Kevin Tang

Movant(s):

Tina M Gibbons Sr. Represented By Kevin Tang

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10278


Tina M Gibbons, Sr.


Chapter 13


#11.00 Motion for Setting Property Value for 2013 Chevrolet Silverado Also #10

EH     


Docket 31

*** VACATED *** REASON: ORDER ENTERED 3/13/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Tina M Gibbons Sr. Represented By Kevin Tang

Movant(s):

Tina M Gibbons Sr. Represented By Kevin Tang

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-21168


Franco M Romano


Chapter 13


#12.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Franco M Romano Represented By David L Nelson

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-21226


Edwin Leonel Barco and Juana De Jesus Marin


Chapter 13


#13.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Edwin Leonel Barco Represented By Jaime A Cuevas Jr.

Joint Debtor(s):

Juana De Jesus Marin Represented By Jaime A Cuevas Jr.

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-21230


Ronnie Lee Minnifield


Chapter 13


#14.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Ronnie Lee Minnifield Represented By Neil R Hedtke

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-21232


Lawrence Mitchell, Jr.


Chapter 13


#15.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Lawrence Mitchell Jr. Represented By Kevin Tang

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-21235


Manuel Haro


Chapter 13


#16.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Manuel Haro Represented By

Neil R Hedtke

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10002


Darlisha Nicole McQueen, Ms.


Chapter 13


#17.00 Confirmation of Chapter 13 Plan EH      

Docket 0

*** VACATED *** REASON: CASE DISMISSED 1/21/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Darlisha Nicole McQueen Represented By Ivan Trahan

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10008


Kim Yvonne Reynolds


Chapter 13


#18.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Kim Yvonne Reynolds Represented By Tom A Moore

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10033


Edward Dwayne Lott


Chapter 13


#19.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Edward Dwayne Lott Represented By

Raj T Wadhwani

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10035


Bonifacio Taloma Bagaporo


Chapter 13


#20.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Bonifacio Taloma Bagaporo Represented By Lawrence B Yang

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10036


Tommy Mel Anderson and Lidia Elaine Anderson


Chapter 13


#21.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Tommy Mel Anderson Represented By

James D. Hornbuckle

Joint Debtor(s):

Lidia Elaine Anderson Represented By

James D. Hornbuckle

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10047


Robert Joseph Slapp, III


Chapter 13


#22.00 Confirmation of Chapter 13 Plan EH      

Docket 0

*** VACATED *** REASON: CASE DISMISSED 1/23/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Robert Joseph Slapp III Represented By Nicholas M Wajda

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10054


Peggy Trang


Chapter 13


#23.00 Confirmation of Chapter 13 Plan EH      

Docket 0

*** VACATED *** REASON: CASE DISMISSED 1/21/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Peggy Trang Pro Se

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10061


Monique Willis


Chapter 13


#24.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Monique Willis Represented By Kevin Tang

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10069


Gerald Leonard LaBarbera


Chapter 13


#25.00 Confirmation of Chapter 13 Plan EH      

Docket 0

*** VACATED *** REASON: CASE DISMISSED 2/12/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Gerald Leonard LaBarbera Pro Se

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10072


Geronimo Aguirre


Chapter 13


#26.00 Confirmation of Chapter 13 Plan EH      

Docket 0

*** VACATED *** REASON: CASE DISMISSED 2/12/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Geronimo Aguirre Pro Se

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10094


Qamar Ul Hassan


Chapter 13


#27.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Qamar Ul Hassan Represented By Donny A Ekine

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10097


Cassandra Henderson


Chapter 13


#28.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Cassandra Henderson Represented By Julie J Villalobos

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10105


Christopher Arriaga


Chapter 13


#29.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Christopher Arriaga Represented By Amanda G Billyard

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10138


Amparo Alejo Mercado


Chapter 13


#30.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Amparo Alejo Mercado Represented By Todd L Turoci

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10164


Hernan Pizzulin and Tonya Thomas


Chapter 13


#31.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Hernan Pizzulin Represented By Tom A Moore

Joint Debtor(s):

Tonya Thomas Represented By Tom A Moore

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10178


Omar A Guzman


Chapter 13


#32.00 Confirmation of Chapter 13 Plan EH      

Docket 0

*** VACATED *** REASON: CASE DISMISSED 1/28/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Omar A Guzman Pro Se

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10188


Nathaniel Smith


Chapter 13


#33.00 Confirmation of Chapter 13 Plan EH      

Docket 0

*** VACATED *** REASON: CASE DISMISSED 1/28/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Nathaniel Smith Pro Se

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10209


Jose David Plancarte


Chapter 7


#34.00 Confirmation of Chapter 13 Plan EH      

Docket 0

*** VACATED *** REASON: CASE CONVERTED TO CHAPTER 7 ON

3/4/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jose David Plancarte Represented By

W. Derek May

Trustee(s):

Robert Whitmore (TR) Pro Se

11:00 AM

6:20-10210


Deborah Voorhis Harmon


Chapter 13


#35.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Deborah Voorhis Harmon Represented By

W. Derek May

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-21167


Francisco Almeda, Jr.


Chapter 13


#36.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Francisco Almeda Jr. Represented By Danny K Agai

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-20474


Victor Manuel Rosales


Chapter 13


#37.00 CONT Confirmation of Chapter 13 Plan From: 2/20/20

EH      


Docket 5


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Victor Manuel Rosales Represented By Marjorie M Johnson

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:14-19520


Jeffrey B Jordan


Chapter 7


#38.00 Trustee's Motion to Dismiss Case EH     

Docket 99

*** VACATED *** REASON: CASE CONVERTED TO CHAPTER 7 ON 3/18/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jeffrey B Jordan Represented By Michael Smith Sundee M Teeple

Trustee(s):

Lynda T. Bui (TR) Pro Se

11:01 AM

6:16-20163


Sandra M. Hankins


Chapter 13


#39.00 Trustee's Motion to Dismiss Case EH     

Docket 112

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

3/9/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Sandra M. Hankins Represented By Michael Smith Craig K Streed Sundee M Teeple

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:16-20341


Joseph Paul Nassef and Lynne Marie Nassef


Chapter 13


#40.00 Trustee's Motion to Dismiss Case EH     

Docket 39

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 3/18/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Joseph Paul Nassef Represented By

Bryant C MacDonald

Joint Debtor(s):

Lynne Marie Nassef Represented By

Bryant C MacDonald

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:17-11335


Brian Scott Bunnell and Wendi Lynn Bunnell


Chapter 13


#41.00 Trustee's Motion to Dismiss Case EH     

Docket 54


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Brian Scott Bunnell Represented By Todd L Turoci

Joint Debtor(s):

Wendi Lynn Bunnell Represented By Todd L Turoci

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:17-13686


David K Johnson and Janet L Johnson


Chapter 13


#42.00 CONT Trustee's Motion to Dismiss Case From: 2/13/20

EH     


Docket 61

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 3/17/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

David K Johnson Represented By Gary J Holt

Joint Debtor(s):

Janet L Johnson Represented By Gary J Holt

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:17-19890


Katrina Renee McDowell


Chapter 13


#43.00 Trustee's Motion to Dismiss Case EH     

Docket 96


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Katrina Renee McDowell Represented By Jenny L Doling

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:18-12028


Matthew Glenn Martin and Melody Dawn Martin


Chapter 13


#44.00 Trustee's Motion to Dismiss Case EH     

Docket 47


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Matthew Glenn Martin Represented By Todd L Turoci

Joint Debtor(s):

Melody Dawn Martin Represented By Todd L Turoci

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:18-13714


Jose Martinez and Aurora Martinez


Chapter 13


#45.00 Trustee's Motion to Dismiss Case EH     

Docket 51

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 3/18/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jose Martinez Represented By Rebecca Tomilowitz

Joint Debtor(s):

Aurora Martinez Represented By Rebecca Tomilowitz

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:18-18413


Joseph A Hamburger and Kara L Hamburger


Chapter 13


#46.00 CONT Trustee's Motion to Dismiss Case From: 2/13/20

EH     


Docket 53


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Joseph A Hamburger Represented By Paul Y Lee

Joint Debtor(s):

Kara L Hamburger Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-12676


Anthony P Mendoza and Lena E Mendoza


Chapter 13


#47.00 Trustee's Motion to Dismiss Case EH     

Docket 48


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Anthony P Mendoza Represented By Paul Y Lee

Joint Debtor(s):

Lena E Mendoza Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-14029


Cynthia Molina Gomez


Chapter 13


#48.00 Trustee's Motion to Dismiss Case EH        

Docket 46


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Cynthia Molina Gomez Represented By Joshua L Sternberg

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-14950


Genaro Flores and Salome Flores


Chapter 13


#49.00 CONT Trustee's Motion to Dismiss Case From: 1/16/20, 2/20/20

EH         


Docket 44

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 3/18/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Genaro Flores Represented By Todd L Turoci

Joint Debtor(s):

Salome Flores Represented By Todd L Turoci

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-15018


Diana Nava and Ramiro Nava


Chapter 13


#50.00 CONT Trustee's Motion to Dismiss Case From: 2/20/20

EH     


Docket 29

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 3/17/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Diana Nava Represented By

Joseph A Weber Fritz J Firman

Joint Debtor(s):

Ramiro Nava Represented By

Joseph A Weber Fritz J Firman

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-15270


La Chatta P Hunter


Chapter 13


#51.00 Trustee's Motion to Dismiss Case EH     

Docket 30

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 3/18/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

La Chatta P Hunter Represented By Daniel King

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-16658


Stephanie McCravey Cooper


Chapter 13


#52.00 CONT Trustee's Motion to Dismiss Case From: 2/13/20

EH     


Docket 29

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 3/18/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Stephanie McCravey Cooper Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-17416


Gerald Curtis Collins and Valerie Cecelia Collins


Chapter 13


#53.00 Trustee's Motion to Dismiss Case EH     

Docket 31


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Gerald Curtis Collins Represented By

M. Wayne Tucker

Joint Debtor(s):

Valerie Cecelia Collins Represented By

M. Wayne Tucker

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-18397


Mark David Dixon


Chapter 13


#54.00 Trustee's Motion to Dismiss Case EH     

Docket 26


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Mark David Dixon Represented By April E Roberts

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-18417


Jose G. Rodriguez


Chapter 13


#55.00 Trustee's Motion to Dismiss Case EH     

Docket 37


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jose G. Rodriguez Represented By Christopher J Langley

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:17-13853


Malik Muhammad Asif


Chapter 7

Adv#: 6:17-01197 Itria Ventures, LLC v. Asif et al


#56.00 CONT Pre-Trial Conference RE: [1] Adversary case 6:17-ap-01197. Complaint by Itria Ventures, LLC against Malik Muhammad Asif, Zobia Asif. false pretenses, false representation, actual fraud)) (Chekian, Michael)


From: 2/5/20, 2/20/20 EH     

Docket 1

*** VACATED *** REASON: JUDGMENT ENTERED 3/18/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Malik Muhammad Asif Represented By Todd L Turoci

Defendant(s):

Malik Muhammad Asif Represented By David T Egli

Zobia Asif Represented By

David T Egli

Joint Debtor(s):

Zobia Asif Represented By

Todd L Turoci

Plaintiff(s):

Itria Ventures, LLC Represented By Michael F Chekian

2:00 PM

CONT...

Trustee(s):


Malik Muhammad Asif


Chapter 7

Arturo Cisneros (TR) Represented By Thomas H Casey

11:00 AM

6:17-14549


Denice Laree Grimes and Derrick Gregory Grimes


Chapter 13


#1.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 3895 Del Rosa Ave, San Bernardino, CA 92404-2177


MOVANT: WILMINGTON TRUST NATIONAL ASSOCIATION


EH     


Docket 64

Tentative Ruling: Tentative Ruling:

3/24/20


Service: Proper Opposition: None


The filing of a bankruptcy case creates an estate, which is comprised of all the legal and equitable interests of the debtor in property as of the commencement of the case. 11 U.S.C §541(a)(1). Furthermore, in a Chapter 13 voluntary petition, this estate also includes all such property acquired during the pendency of the case. 11. U.S.C. §1306. Denice Laree Grimes’ and Derrick Gregory Grimes’ primary residence, which is at issue in this motion for relief from stay, came into this estate when Denice Laree Grimes and Derrick Gregory Grime (hereinafter "Debtors") filed this petition.


Pursuant to 11 U.S.C. § 362, a voluntary Chapter 13 petition filed operates as a stay against enforcement on the Debtor or the property of the estate. By providing the Adjustable Rate Mortgage Note, the Deed of Trust, the Assignment of Deed of Trust, and evidence of three missed post-confirmation payments, pursuant to U.S.C. § 362(d)(1), Movant, Wilmington Trust National Association, not in its individual capacity, but solely as Trustee for MFRA Trust 2016-1 (hereinafter "Wilmington Trust") has established that its interest is not adequately protected. In re Gauvin, 24

11:00 AM

CONT...


Denice Laree Grimes and Derrick Gregory Grimes


Chapter 13

B.R. 578, 580 (B.A.P. 9th Cir. 1982).


The burden now shifts to the opposing party, the Debtors, to show that the collateral is not declining in value, the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise, or that there is a significant likelihood of a successful reorganization in a reasonable time. 3 Collier on Bankruptcy

¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.). Debtors have not opposed the motion. Thus, they have not met their burden.


However, the lack of a response from Debtors, pursuant to Local Bankruptcy Rule 9013-1(h), may be deemed to be consent to the granting or denial of the motion. The Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1).

GRANT relief from Rule 4001(a)(3) stay. GRANT request under ¶¶ 2, 3, and 12. DENY request under ¶13 as moot.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

Debtor(s):

Denice Laree Grimes Represented By

M. Wayne Tucker

Joint Debtor(s):

Derrick Gregory Grimes Represented By

M. Wayne Tucker

Movant(s):

Wilmington Trust, National Represented By Sumit Bode Darlene C Vigil

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:17-18669


Hector Rene Flores, Jr. and Mayra Cecilia Canchola


Chapter 13


#2.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 8438 Maple Avenue, Fontana, California, 92335 UNDER 11 U.S.C. § 362.


MOVANT: FREEDOM MORTGAGE CORPORATION


EH     


Docket 65

*** VACATED *** REASON: ORDER ENTERED 3/4/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Hector Rene Flores Jr. Represented By Kevin Tang

Joint Debtor(s):

Mayra Cecilia Canchola Vasquez Represented By

Kevin Tang

Movant(s):

Freedom Mortgage Corporation Represented By

Dane W Exnowski

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:17-19890


Katrina Renee McDowell


Chapter 13


#3.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 48309 Garbo Drive, Indio, CA 92201


MOVANT: US BANK TRUST NATIONAL ASSOCIATION


From: 3/10/20 EH     

Docket 97

Tentative Ruling: Tentative Ruling:

3/24/20


Service: Proper Opposition: Debtor


The filing of a bankruptcy case creates an estate, which is comprised of all the legal and equitable interests of the debtor in property as of the commencement of the case. 11 U.S.C §541(a)(1). Furthermore, in a Chapter 13 voluntary petition, this estate also includes all such property acquired during the pendency of the case. 11. U.S.C. §1306. Katrina Renee McDowell’s primary residence, which is at issue in this motion for relief from stay, came into this estate when Katrina (hereinafter "Debtor") filed this petition.


Pursuant to 11 U.S.C. § 362, a voluntary Chapter 13 petition filed operates as a stay against enforcement on the Debtor or the property of the estate. By providing the note, the deed of trust, the corporate assignment of the deed of trust, and evidence of five missed post-confirmation payments, pursuant to U.S.C. § 362(d)(1), Movant, U.S. Bank Trust National Association as the Trustee of Bungalow Series F Trust

11:00 AM

CONT...


Katrina Renee McDowell


Chapter 13

(hereinafter "U.S. Bank") has established that its interest is not adequately protected. In re Gauvin, 24 B.R. 578, 580 (B.A.P. 9th Cir. 1982).


The burden now shifts to the opposing party, the Debtor, to show that the collateral is not declining in value, the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise, or that there is a significant likelihood of a successful reorganization in a reasonable time. 3 Collier on Bankruptcy

¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.).


Debtor has opposed the motion, claiming (1) more payments have been made then what is shown by the movant, (2) all post-petition arrearages will be cured by the hearing date, (3) the Property is necessary for an effective reorganization, and (4) Debtor intends to enter into an adequate protection order with the movant. Dk No. 105, page 2.

The parties should inform the court of any adequate protection discussions. APPEARANCES REQUIRED.

Party Information

Debtor(s):

Katrina Renee McDowell Represented By Jenny L Doling

Movant(s):

U.S. Bank Trust National Represented By

Lemuel Bryant Jaquez

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:18-10636


Alejandro J. Casillas and Patricia Casillas


Chapter 13


#4.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2016 Jeep Renegade Latitude


MOVANT: LBS FINANCIAL CREDIT UNION


From: 3/10/20 EH     

Docket 51

*** VACATED *** REASON: ORDER ENTERED 3/18/20

Tentative Ruling: Tentative Ruling:

3/4/20


Service: Proper Opposition: Debtors


Even though the retail installment sale contract is illegible, by providing the vehicle registration inquiry report, Kelly Blue Book Value of the property, and the current value of the claim, pursuant to U.S.C. § 362(d)(1), the movant, LBS Financial Credit Union (hereinafter "LBS") has established that its interest is not adequately protected. In re Gauvin, 24 B.R. 578, 580 (B.A.P. 9th Cir. 1982).


The burden now shifts to the opposing party, the Debtors, to show that the collateral is not declining in value, the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise, or that there is a significant likelihood of a successful reorganization in a reasonable time. 3 Collier on Bankruptcy

¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.).


Debtors responded to this motion. They provided evidence of the vehicle being insured and claim that they will cure the defect by the hearing date or enter into an

11:00 AM

CONT...


Alejandro J. Casillas and Patricia Casillas


Chapter 13

adequate protection to cure the default.


Parties are to update the Court as to the status of adequate protection discussions. APPEARANCES REQUIRED.

Party Information

Debtor(s):

Alejandro J. Casillas Represented By Tina H Trinh

Joint Debtor(s):

Patricia Casillas Represented By Tina H Trinh

Movant(s):

LBS Financial Credit Union Represented By Karel G Rocha

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:18-14467


Jose M. Cortez


Chapter 13


#5.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1564 W. Tudor St., Rialto, CA 92377-3860


MOVANT: WELLS FARGO BANK, N.A.


EH     


Docket 48

Tentative Ruling: Tentative Ruling:

3/24/20


Service: Proper Opposition: None


The filing of a bankruptcy case creates an estate, which is comprised of all the legal and equitable interests of the debtor in property as of the commencement of the case. 11 U.S.C §541(a)(1). Furthermore, in a Chapter 13 voluntary petition, this estate also includes all such property acquired during the pendency of the case. 11. U.S.C. §1306. Jose M. Cortez’s primary residence, which is at issue in this motion for relief from stay, came into this estate when Jose M. Cortez (hereinafter "Debtor") filed this petition.


Pursuant to 11 U.S.C. § 362, a voluntary Chapter 13 petition filed operates as a stay against enforcement on the Debtor or the property of the estate. By providing the Fixed Rate Mortgage Note, the Deed of Trust, the Home Affordable Modification Agreement, and evidence of five missed post-confirmation payments, pursuant to

U.S.C. § 362(d)(1), Movant, Wells Fargo Bank N.A. (hereinafter "Wells Fargo") has established that its interest is not adequately protected. In re Gauvin, 24 B.R. 578, 580 (B.A.P. 9th Cir. 1982).

11:00 AM

CONT...


Jose M. Cortez


Chapter 13

The burden now shifts to the opposing party, the Debtor, to show that the collateral is not declining in value, the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise, or that there is a significant likelihood of a successful reorganization in a reasonable time. 3 Collier on Bankruptcy

¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.). Debtor has not opposed the motion. Thus, he has not met his burden.


The lack of a response from Debtor, pursuant to Local Bankruptcy Rule 9013-1(h), may be deemed to be consent to the granting or denial of the motion. The Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1). GRANT relief from Rule 4001(a)(3) stay. GRANT request under ¶¶¶ 2, 3, and 12. DENY request under ¶13 as moot.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


Party Information

Debtor(s):

Jose M. Cortez Represented By Patricia A Mireles

Movant(s):

Wells Fargo Bank, N.A. Represented By Darlene C Vigil

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:18-14775


Ann Marie Pearson


Chapter 7


#6.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2014 Chev Malibu Vin 1G11B5SL5EF175635


MOVANT: SCHOOLSFIRST FEDERAL CREDIT UNION


Also #7 EH     

Docket 65

Tentative Ruling: Tentative Ruling:

3/24/20


Service: Proper Opposition: None


The filing of a bankruptcy case creates an estate, which is comprised of all the legal and equitable interests of the debtor in property as of the commencement of the case. 11 U.S.C §541(a)(1). Under 11. U.S.C. §362, a stay is effective automatically and immediately upon a filing of a bankruptcy petition. 3 Collier on Bankruptcy ¶ 362.02 (Richard Levin & Henry J. Sommer eds., 16th ed.). The stay applies to almost all types of formal or informal action taken against the debtor or the property of the estate. Id. at ¶ 362.03. Furthermore, in a Chapter 13 voluntary petition, this estate also includes all such property acquired during the pendency of the case. 11. U.S.C. §1306.


On June 5, 2018, Ann Marie Pearson (hereinafter "Debtor") filed a voluntary Chapter13 petition. In Debtor’s commencement documents, she listed the 2014 Chevrolet Malibu (hereinafter the "Property") and SchoolsFirst Federal Credit Union (hereinafter "SchoolsFirst") having a claim secured by the Property. Thus, an estate

11:00 AM

CONT...


Ann Marie Pearson


Chapter 7

was created, including Debtor’s property, and the stay simultaneously took effective on June 5, 2018.


On August 23, 2018, Debtor’s Chapter 13 plan was confirmed. Dkt. No. 18. The plan stated that Debtor would make monthly payments of $278.01 to SchoolsFirst, paying its claim in full. Also, Debtor stated it would pay preconfirmation payments to SchoolsFirst in the amount of $158.00 to provide adequate protection to SchoolsFirst.


On January 28, 2020, Debtor converted her Chapter 13 petition into a Chapter 7 petition. The stay is still in effect pursuant to 11 U.S.C. 362.


To attain relief from stay under 11. U.S.C §362(d)(1) "cause" must be shown. SchoolsFirst claims that there is a lack of adequate protection of its interest in its property. Adequate protection is intended to compensate a secured creditor whose collateral declines in value while it is in the possession of, and being used by, a…debtor." People’s Capital& Leasing Corp. v. Big3d, Inc., 438 B.R. 214, 220 (B.A.P. 9th Cir. 2010).


By providing the valuation of the property, Loan and Security Agreement and Disclosure Statement, Certification of Title, and an account of amount owed, SchoolsFirst has shown a declining equity cushion and has established that its interest is not adequately protected. In re Gauvin, 24 B.R. 578, 580 (B.A.P. 9th Cir. 1982).


To receive relief under 11 U.S.C. § 362(d), both elements— (1) debtor has no equity in the property and (2) property is not necessary for an effective organization—must be met. 3 Collier on Bankruptcy ¶ 362.07[4] (Richard Levin & Henry J. Sommer eds., 16th ed.). SchoolsFirst has provided evidence that Debtor does not have any equity in the property.


The burden now shifts to the opposing party, the Debtor, to show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1). 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.). Debtor also has the burden of proving that the property at issue is necessary to an effective organization. 11 U.S.C. § 362(g). Debtor has not opposed the motion.

11:00 AM

CONT...


Ann Marie Pearson


Chapter 7

Because a Chapter 7 proceeding does not involve a reorganization, it is generally presumed that the second condition under 11 U.S.C. § 362(d)(2)(B) is met in a Chapter 7 proceeding." In re Williamson, 2009 Bankr. Lexis 5571, *5 (Bankr. S.D. Ga. 2009).


Furthermore, the lack of a response from Debtor, pursuant to Local Bankruptcy Rule 9013-1(h), may be deemed to be consent to the granting or denial of the motion. Thus, the Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. §§ 362(d)(1) and 362(d)(2). GRANT relief from Rule 4001(a)(3) stay. GRANT request under ¶ 2.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.



Party Information

Debtor(s):

Ann Marie Pearson Represented By Barry E Borowitz

Movant(s):

SchoolsFirst Federal Credit Union Represented By

Paul V Reza

Trustee(s):

Steven M Speier (TR) Pro Se

11:00 AM

6:18-14775


Ann Marie Pearson


Chapter 7


#7.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2017 Chev Equinox, Vin 2GNALCEK5H1518958


MOVANT: SCHOOLSFIRST FEDERAL CREDIT UNION


Also #6 EH     

Docket 66

Tentative Ruling: Tentative Ruling:

3/24/20


Service: Proper Opposition: None


The filing of a bankruptcy case creates an estate, which is comprised of all the legal and equitable interests of the debtor in property as of the commencement of the case. 11 U.S.C §541(a)(1). Under 11. U.S.C. §362, a stay is effective automatically and immediately upon a filing of a bankruptcy petition. 3 Collier on Bankruptcy ¶ 362.02 (Richard Levin & Henry J. Sommer eds., 16th ed.). The stay applies to almost all types of formal or informal action taken against the debtor or the property of the estate. Id. at ¶ 362.03. Furthermore, in a Chapter 13 voluntary petition, this estate also includes all such property acquired during the pendency of the case. 11. U.S.C. §1306.


On June 5, 2018, Ann Marie Pearson (hereinafter "Debtor") filed a voluntary Chapter13 petition. In Debtor’s commencement documents, she listed the 2017 Chevrolet Equinox (hereinafter the "Property") and SchoolsFirst Federal Credit Union (hereinafter "SchoolsFirst") having a claim secured by the Property. Thus, an estate

11:00 AM

CONT...


Ann Marie Pearson


Chapter 7

was created, including Debtor’s property, and the stay simultaneously took effective on June 5, 2018.


On August 23, 2018, Debtor’s Chapter 13 plan was confirmed. Dkt. No. 18. The plan stated that Debtor would make monthly payments of $521.84 to SchoolsFirst, paying its claim in full. Also, Debtor stated it would pay preconfirmation payments to SchoolsFirst in the amount of $298.64 to provide adequate protection to SchoolsFirst.


On January 28, 2020, Debtor converted her Chapter 13 petition into a Chapter 7 petition. The stay is still in effect pursuant to 11 U.S.C. 362.


To attain relief from stay under 11. U.S.C §362(d)(1) "cause" must be shown. SchoolsFirst claims that there is a lack of adequate protection of its interest in its property. Adequate protection is intended to compensate a secured creditor whose collateral declines in value while it is in the possession of, and being used by, a…debtor." People’s Capital& Leasing Corp. v. Big3d, Inc., 438 B.R. 214, 220 (B.A.P. 9th Cir. 2010).


By providing the valuation of the property and an account of amount owed, SchoolsFirst has shown a negative equity cushion and has established that its interest is not adequately protected. In re Gauvin, 24 B.R. 578, 580 (B.A.P. 9th Cir. 1982).


To receive relief under 11 U.S.C. § 362(d), both elements— (1) debtor has no equity in the property and (2) property is not necessary for an effective organization—must be met. 3 Collier on Bankruptcy ¶ 362.07[4] (Richard Levin & Henry J. Sommer eds., 16th ed.). SchoolsFirst has provided evidence that Debtor does not have any equity in the property.


The burden now shifts to the opposing party, the Debtor, to show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1). 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.). Debtor also has the burden of proving that the property at issue is necessary to an effective organization. 11 U.S.C. § 362(g). Debtor has not opposed the motion.


Because a Chapter 7 proceeding does not involve a reorganization, it is generally

11:00 AM

CONT...


Ann Marie Pearson


Chapter 7

presumed that the second condition under 11 U.S.C. § 362(d)(2)(B) is met in a Chapter 7 proceeding." In re Williamson, 2009 Bankr. Lexis 5571, *5 (Bankr. S.D. Ga. 2009).


Furthermore, the lack of a response from Debtor, pursuant to Local Bankruptcy Rule 9013-1(h), may be deemed to be consent to the granting or denial of the motion. Thus, the Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. §§ 362(d)(1) and 362(d)(2). GRANT relief from Rule 4001(a)(3) stay. GRANT request under ¶ 2.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.



Party Information

Debtor(s):

Ann Marie Pearson Represented By Barry E Borowitz

Movant(s):

SchoolsFirst Federal Credit Union Represented By

Paul V Reza

Trustee(s):

Steven M Speier (TR) Pro Se

11:00 AM

6:18-17676


Patricia Ellen Bond-Gomez


Chapter 13


#8.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 12247 Ponce De Leon Drive, Moreno Valley, CA 92557


MOVANT: WILMINGTON SAVINGS FUND SOCIETY, FSB


From: 1/7/20, 2/4/20, 3/3/20 EH        

Docket 71


Tentative Ruling:

1/7/2020


Service is Proper Opposition: Yes

Movant to apprise Court of status of arrears. APPEARANCES REQUIRED.

Party Information

Debtor(s):

Patricia Ellen Bond-Gomez Represented By John F Brady

Movant(s):

Wilington Savings Fund Society, Represented By

Dane W Exnowski Erin M McCartney

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-14843


Rhonda Jan Kennedy


Chapter 13


#9.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1533 PALMA BONITA LN, PERRIS, CA 92571


MOVANT: FLAGSTAR BANK, FSB


From: 1/28/20, 2/25/20 EH     

Docket 26

*** VACATED *** REASON: ORDER ENTERED 3/12/20

Tentative Ruling:

1/28/2020


Service is Proper Opposition: None


The Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1). GRANT relief from Rule 4001(a)(3) stay. GRANT request under ¶¶ 2 and 3. DENY alternative request for adequate protection as moot.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

Debtor(s):

Rhonda Jan Kennedy Represented By Todd L Turoci

Movant(s):

Flagstar Bank, FSB Represented By Mark S Krause

Erin M McCartney

11:00 AM

CONT...

Trustee(s):


Rhonda Jan Kennedy


Chapter 13

Rod Danielson (TR) Pro Se

11:00 AM

6:19-18569


Edwin Briones and Gabriela Sandez


Chapter 13


#10.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 82820 Mount Riley Drive, Indio, CA 92203


MOVANT: LAKEVIEW LOAN SERVICING, LLC


EH     


Docket 32

*** VACATED *** REASON: ORDER ENTERED 3/11/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Edwin Briones Represented By Kevin Tang

Joint Debtor(s):

Gabriela Sandez Represented By Kevin Tang

Movant(s):

Lakeview Loan Servicing, LLC, and Represented By

Christina J Khil

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-19242


Franklin Rojas


Chapter 13


#11.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2015 TOYOTA CAMRY


MOVANT: TOYOTA MOTOR CREDIT CORPORATION


EH     


Docket 24

Tentative Ruling: Tentative Ruling:

3/24/20


Service: Proper Opposition: Debtors


The filing of a bankruptcy case creates an estate, which is comprised of all the legal and equitable interests of the debtor in property as of the commencement of the case. 11 U.S.C §541(a)(1). Furthermore, in a Chapter 13 voluntary petition, this estate also includes all such property acquired during the pendency of the case. 11. U.S.C. §1306.


Franklin Rojas (hereinafter "Debtors") filed a Chapter 13 voluntary petition on October 21, 2019, including their 2015 Toyota Camry in his commencement documents. On February 5, 2020, Debtor’s Chapter 13 plan was confirmed, which states that Debtor will make "regular payments, including any preconfirmation payments" directly to Toyota Financial (hereinafter "Toyota") for 2015 Toyota Camry.


After not receiving three payments, Toyota filed this motion, pursuant to U.S.C. § 362(d)(1), to have the stay lifted. By providing the Retail Installment Sale Contract, the Title Detail, and account of the payments not received, Toyota has established "cause" that would constitute relief from the automatic stay. In re Elmore, 94 B.R. 670 (Bankr. C.D. Cal. 1988) (stating that a post-confirmation relief from stay in a Chapter

11:00 AM

CONT...


Franklin Rojas


Chapter 13

13 case should normally be based upon a failure to make regular monthly payments to a secured creditor as required by the confirmed plan).


The burden now shifts to the opposing party, the Debtor, to show that the collateral is not declining in value, the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise, or that there is a significant likelihood of a successful reorganization in a reasonable time. 3 Collier on Bankruptcy

¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.). Debtor has not opposed the motion. Thus, he has not met his burden.


The lack of a response from Debtor, pursuant to Local Bankruptcy Rule 9013-1(h), may be deemed to be consent to the granting or denial of the motion. The Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1). GRANT relief from Rule 4001(a)(3) stay. GRANT request under ¶¶ 2 and 5. DENY request under ¶ 11 as moot.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


Party Information

Debtor(s):

Franklin Rojas Pro Se

Movant(s):

Toyota Motor Credit Corporation Represented By

Kirsten Martinez

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-19593


Jose Antonio Mele and Victoria Isabel Mele


Chapter 7


#12.00 Amended Motion (related document(s): 44 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 6224 Stanton Ave., Highland, CA 92346


MOVANT: WILMINGTON SAVINGS FUND SOCIETY, FSB


EH     


Docket 45

Tentative Ruling: Tentative Ruling:

3/24/20


Service: Proper Opposition: None


The filing of a bankruptcy case creates an estate, which is comprised of all the legal and equitable interests of the debtor in property as of the commencement of the case. 11 U.S.C §541(a)(1). Under 11. U.S.C. §362, a stay is effective automatically and immediately upon a filing of a bankruptcy petition. 3 Collier on Bankruptcy ¶ 362.02 (Richard Levin & Henry J. Sommer eds., 16th ed.). The stay applies to almost all types of formal or informal action taken against the debtor or the property of the estate. Id. at ¶ 362.03.


On October 30, 2019 (hereinafter "Petition Date"), Jose Antonio Mele (hereinafter "Debtor") and Victoria Isabel Mele (hereinafter "Joint Debtor") (collectively hereinafter "Debtors") filed a voluntary Chapter 7 petition. In Debtors’ Schedule A/B, they listed their residence at 6224 Stanton, Highland, CA 92345 (hereinafter the "Property") at the current value of $370.000. Dkt. No. 11. Thus, an estate was created, including Debtors’ Property, and the stay simultaneously took effect on October 30, 2019.

11:00 AM

CONT...


Jose Antonio Mele and Victoria Isabel Mele


Chapter 7

On February 3, 2020, Movant, U.S. Wilmington Savings Fund Society FSB as owner Trustee of the Residential Credit Opportunities Trust V-C (hereinafter "Wilmington Savings Fund") filed a motion asking for relief from the stay pursuant to 11 U.S.C. § 363(d)(1).


On February 25, 2020, A hearing was held in regard to the relief from the stay motion filed by Wilmington Savings Fund. The Court found the there was a "robust equity cushion," and there was no default by the Debtors. Dkt. No. 41. Thus, the Court declined the motion without prejudice.


On March 2, 2020, Wilmington Savings Fund filed an amended motion asking for a relief from stay of the Property from the bankruptcy estate. Under LBR 4001-1(C)(1), except provided by this rule, the requirements of LBR 9013-1 through LBR 9013-4 apply to a motion for relief from automatic stay.


Whenever a motion has been denied in whole or in part and a subsequent motion is made for the same relief, in whole or in part, the party seeking such relief must make a declaration setting forth the material facts and circumstances surrounding each prior motion including (1) the date of the prior motion, (2) the identity of the judge to whom the prior motion was made, (3) the ruling, decision, or order; (4) the new or different facts and circumstances claimed; and new or different law or legal precedent claimed to exist. LBR 9013-1(L). A failure to comply with the foregoing requirement is grounds for the court to set aside any order or ruling made on the subsequent motion and subjects the offending party or attorney to sanctions. Id.


In this amended motion for relief from the automatic stay, Wilmington Savings Fund followed the requirement under LBR 9013-1(L). The amended motion provided comparable-sales analysis which appear to justifiable value the Property at $330,000, instead of Debtors’ value of $370,000. The amended motion also showed delinquency totaling $38,996.33.


To attain relief from stay under 11. U.S.C § 362(d)(1) "cause" must be shown. Wilmington claims that there is a lack of adequate protection of its interest in its property. Adequate protection is intended to compensate a secured creditor whose collateral declines in value while it is in the possession of, and being used by, a…debtor." People’s Capital& Leasing Corp. v. Big3d, Inc., 438 B.R. 214, 220

11:00 AM

CONT...


Jose Antonio Mele and Victoria Isabel Mele


Chapter 7

(B.A.P. 9th Cir. 2010).


By providing the valuation of the property, the note, the deed of trust, corporate assignment of deed of trust, and the current amount of the secured claim, Wilmington Savings Fund has shown a negative equity cushion and has established that its interest is not adequately protected. In re Gauvin, 24 B.R. 578, 580 (B.A.P. 9th Cir. 1982).


To receive relief under 11 U.S.C. § 362(d), both elements— (1) debtor has no equity in the property and (2) property is not necessary for an effective organization—must be met. 3 Collier on Bankruptcy ¶ 362.07[4] (Richard Levin & Henry J. Sommer eds., 16th ed.). U.S. Bank has provided evidence that Debtors do not have any equity in the property.


The burden now shifts to the opposing party, the Debtors, to show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1). 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.). Debtors also have the burden of proving that the property at issue is necessary to an effective organization. 11 U.S.C. § 362(g). Debtors have not opposed the motion. Thus, they have not met their burden.


The lack of a response from Debtors, pursuant to Local Bankruptcy Rule 9013-1(h), may be deemed to be consent to the granting or denial of the motion. The Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1). GRANT relief from Rule 4001(a)(3) stay. GRANT request under ¶ 2.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


Party Information

Debtor(s):

Jose Antonio Mele Represented By Chris A Mullen

11:00 AM

CONT...


Jose Antonio Mele and Victoria Isabel Mele


Chapter 7

Joint Debtor(s):

Victoria Isabel Mele Represented By Chris A Mullen

Movant(s):

Wilmington Savings Fund Society Represented By

Kristin A Zilberstein Lior Katz

Trustee(s):

Robert Whitmore (TR) Pro Se

11:00 AM

6:19-20863


Robert Anthony Lopes


Chapter 7


#13.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2018 Jayco Jay Flight M-32 TSBH - Motor Home


MOVANT: M&T BANK


EH     


Docket 11

Tentative Ruling: Tentative Ruling:

3/24/20


Service: Proper Opposition: None


The filing of a bankruptcy case creates an estate, which is comprised of all the legal and equitable interests of the debtor in property as of the commencement of the case. 11 U.S.C §541(a)(1). Under 11. U.S.C. §362, a stay is effective automatically and immediately upon a filing of a bankruptcy petition. 3 Collier on Bankruptcy ¶ 362.02 (Richard Levin & Henry J. Sommer eds., 16th ed.). The stay applies to almost all types of formal or informal action taken against the debtor or the property of the estate. Id. at ¶ 362.03.


On December 16, 2019, Robert Anthony Lopes (hereinafter "Debtor") filed a voluntary Chapter 7 petition. In Debtor’s commencement documents, he listed the 2016 Jayco Trailer (hereinafter the "Property") and M&T Bank (hereinafter "M&T") having a claim secured by the Property. Thus, an estate was created, including Debtor’s property, and the stay simultaneously took effective on December 16, 2019.


Pursuant to 11 U.S.C. § 521(a)(2)(A), Debtor filed a Statement of Intention,

11:00 AM

CONT...


Robert Anthony Lopes


Chapter 7

surrendering the property. Furthermore, the Trustee has fully administered the estate. Thus, pursuant to 11 U.S.C. § 521(a)(2), after being forty-five days after the first meeting of the creditors, the stay is terminated with respect to this Property. 11 U.S.C.

§§ 521(a)(2)(6) and (a)(2)(7).


To attain relief from stay under 11. U.S.C § 362(d) "cause" must be shown. M&T claims that there is a lack of adequate protection of its interest in its property.

Adequate protection is intended to compensate a secured creditor whose collateral declines in value while it is in the possession of, and being used by, a…debtor." People’s Capital& Leasing Corp. v. Big3d, Inc., 438 B.R. 214, 220 (B.A.P. 9th Cir. 2010).


By providing the value of the property, Retail Installment Sale Contract, Certification of Title, Debtor’s Statement of Intention, and an account of amount owed, M&T bank has shown "cause." In re Gauvin, 24 B.R. 578, 580 (B.A.P. 9th Cir. 1982). Thus, the Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. §§ 362(d)(1) and 362(d)(2). GRANT relief from Rule 4001(a)(3) stay. GRANT request under ¶ 2.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.



Party Information

Debtor(s):

Robert Anthony Lopes Pro Se

Movant(s):

M&T Bank Represented By

Brian T Harvey

Trustee(s):

Robert Whitmore (TR) Pro Se

11:00 AM

6:20-10772


Leia Chase


Chapter 7


#14.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2015 Lincoln MKC Sport Utility 4D


MOVANT: EXETER FINANCE, LLC


EH     


Docket 9

Tentative Ruling: Tentative Ruling:

3/24/20


Service: Proper Opposition: None


The filing of a bankruptcy case creates an estate, which is comprised of all the legal and equitable interests of the debtor in property as of the commencement of the case. 11 U.S.C §541(a)(1). Under 11. U.S.C. §362, a stay is effective automatically and immediately upon a filing of a bankruptcy petition. 3 Collier on Bankruptcy ¶ 362.02 (Richard Levin & Henry J. Sommer eds., 16th ed.). The stay applies to almost all types of formal or informal action taken against the debtor or the property of the estate. Id. at ¶ 362.03.


On January 31, 2020, Leia Chase (hereinafter "Debtor") filed a voluntary Chapter 7 petition. In Debtor’s commencement documents, she listed the 2015 Lincoln MKC (hereinafter the "Property") and Exeter Finance LLC (hereinafter "Exeter") having a claim secured by the Property. Thus, an estate was created, including Debtor’s property, and the stay simultaneously took effective on January 31, 2020.


To attain relief from stay under 11. U.S.C §362(d)(1) "cause" must be shown. Exeter claims that there is a lack of adequate protection of its interest in its property.

11:00 AM

CONT...


Leia Chase


Chapter 7

Adequate protection is intended to compensate a secured creditor whose collateral declines in value while it is in the possession of, and being used by, a…debtor." People’s Capital& Leasing Corp. v. Big3d, Inc., 438 B.R. 214, 220 (B.A.P. 9th Cir. 2010).


By providing the valuation of the property, Retail Installment Sale Contract, Certification of Title, and an account of amount owed, Exeter has shown a negative equity cushion and has established that its interest is not adequately protected. In re Gauvin, 24 B.R. 578, 580 (B.A.P. 9th Cir. 1982).


To receive relief under 11 U.S.C. § 362(d), both elements— (1) debtor has no equity in the property and (2) property is not necessary for an effective organization—must be met. 3 Collier on Bankruptcy ¶ 362.07[4] (Richard Levin & Henry J. Sommer eds., 16th ed.). Exeter has provided evidence that Debtor does not have any equity in the property.


The burden now shifts to the opposing party, the Debtor, to show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1). 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.). Debtor also has the burden of proving that the property at issue is necessary to an effective organization. 11 U.S.C. § 362(g). Debtor has not opposed the motion.


Because a Chapter 7 proceeding does not involve a reorganization, it is generally presumed that the second condition under 11 U.S.C. § 362(d)(2)(B) is met in a Chapter 7 proceeding." In re Williamson, 2009 Bankr. Lexis 5571, *5 (Bankr. S.D. Ga. 2009).


Furthermore, the lack of a response from Debtor, pursuant to Local Bankruptcy Rule 9013-1(h), may be deemed to be consent to the granting or denial of the motion. Thus, the Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. §§ 362(d)(1) and 362(d)(2). GRANT relief from Rule 4001(a)(3) stay. GRANT request under ¶ 2.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

11:00 AM

CONT...


Debtor(s):


Leia Chase


Party Information


Chapter 7

Leia Chase Represented By

Keith Q Nguyen

Movant(s):

Exeter Finance, LLC Represented By Cheryl A Skigin

Trustee(s):

Karl T Anderson (TR) Pro Se

11:00 AM

6:20-11412


Miesha T. Johnson


Chapter 13


#15.00 Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate As to all Creditors


MOVANT: MIESHA T. JOHNSON


EH     


Docket 7

Tentative Ruling:

TENTATIVE RULING:


3/24/20


Service: Proper Opposition: None


The Court has reviewed the motion, and the service and notice appear proper. On February 24, 2020 (hereinafter "Petition Date"), Miesha T. Johnson (hereinafter "Debtor") filed a Chapter 13 voluntary petition.


Debtor had one prior Chapter 13 voluntary petition, case number 16:19-bk-19108-MH ("Prior Case"), pending and dismissed within one-year period. Pursuant to 11 U.S.C. § 362(c)(3), The automatic stay in respect to the Debtor expires on the thirtieth day after the filing of this petition, but it remains in respect to the estate.


Debtor filed this motion to continue the stay pursuant to 11. U.S.C 362(c)(3)(B). The Prior Case was dismissed at the confirmation hearing. Debtor declared that the Prior Case was dismissed "as a result of a slip-and-fall accident" occurring on August 2019. Dkt. No. 7. Decl. of Miesha T. Johnson. Debtor’s business income drastically decreased because she had to temporarily hire someone to help run her business. In addition, Debtor’s grandmother passed away on November 13, 2019. Id. Debtor helped cover the funeral cost of her grandmother’s passing. Id.

11:00 AM

CONT...


Miesha T. Johnson


Chapter 13


The Prior Case was dismissed at the confirmation hearing. Thus, the filing of this petition lacks the presumption of not being filed in good faith. 11 U.S.C § 362(c)(3) (C)(i). Furthermore, after recovering from her injuries and ending her temporary employment of the hired help, Debtor provided evidence that she is able and willing to make regular payments under her plan. Id. Thus, the Court is inclined to GRANT the motion. The stay remains in effect against all creditors.


APPEARANCES REQUIRED.


Party Information

Debtor(s):

Miesha T. Johnson Represented By Sundee M Teeple

Movant(s):

Miesha T. Johnson Represented By Sundee M Teeple Sundee M Teeple Sundee M Teeple Sundee M Teeple

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11766


Elsy G. Mejia


Chapter 13


#16.00 Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate 7842 Green Ct., Riverside, CA 92509


MOVANT: ELSY G. MEJIA


EH     


Docket 18

Tentative Ruling:

TENTATIVE RULING:


3/24/20


Service: Proper Opposition: None


The Court has reviewed the motion, and the service and notice appear proper. On March 2, 2020 (hereinafter "Petition Date"), Elsy G. Mejia (hereinafter "Debtor") filed a Chapter 13 voluntary petition. Pursuant to 11 U.S.C. § 362(c)(3), The automatic stay in respect to the Debtor expires on the thirtieth day after the filing of this petition, but it remains in respect to the estate.


Debtor had one prior Chapter 13 voluntary petition, case number 16:16-bk-12849-MH ("Prior Case"), pending and dismissed within one-year period. Debtor was delinquent on plan payments in the amount of $1,200.00. Debtor opposed the motion from the Trustee, Rod Danielson, to dismiss her case. In the opposition, Debtor neither stated why she was delinquent nor how she would repay the amount owed. She stated that "she would not be able to pay the balances owed without the assistance of the Chapter 13 Bankruptcy and humbly request the court to allow her to continue with the case." Prior Case, Dkt. No. 69, Decl. of Elsy G. Mejia.


On December 5, 2019, the hearing was held on the Trustee’s motion to dismiss

11:00 AM

CONT...


Elsy G. Mejia


Chapter 13

because of delinquent payments. Because Debtor did not appear, the Court dismissed her case.


Debtor now filed this motion to continue the stay pursuant to 11. U.S.C 362(c)(3)(B). However, because the prior case was dismissed because Debtor was delinquent on plan payments, the filing of this petition, is presumed to not be filed in good faith. 3 Collier on Bankruptcy ¶ 362.06[3][b] (Richard Levin & Henry J. Sommer eds., 16th ed.).


To overcome this presumption, the Debtor must provide clear and convincing evidence to the contrary. "[Clear and convincing evidence] is defined as that degree or measure of proof which will produce in the mind of the trier of fact, a firm belief or conviction that the allegations sought to be established as true; it is ‘evidence so clear, direct weight[,] and convincing as to enable the fact finder to come to a clear conviction, without hesitancy, of the truth of the precise facts of the case. In re Castaneda, 342 B.R. 90 (Bankr. S.D. Cal. 2006) (citing Charles I, 332 B.R. 538, 542 (Bankr. S.D. TX. 2005)).


Debtor, yet again, did not allude to why she was unable to make the Prior Case’s plan payments. Debtor also did not state, specifically, how she would make this play payments and avoid further delinquencies. She made a general blank statement, "I am ready to complete my chapter 13 plan[;] I am proposing to pay 100% of my unsecured debts and to pay the plan though the Trustee’s ACH system[; and] I am filing this case to reorganize my debts and get a fresh start." Dkt. No. 18, Decl. of Elsy G. Mejia.


"Mere statements by the movement in the motion does not carry evidentiary weight. The movant must provide detailed, competent, evidence sufficient…to rebut the presumption of bad faith." In re Castaneda, 342 B.R. at 96. In this case, the Debtor has not provided evidence more than mere statements.


Debtor’s statements alone are not sufficient to establish clear and convincing evidence to rebut the presumption pursuant to 11 U.S.C § 362(c)(3) that the case was not filed in good faith. Thus, the Court is inclined to DENY the motion. The stay does not remain in effect against all creditors.


APPEARANCES REQUIRED.

11:00 AM

CONT...


Elsy G. Mejia


Chapter 13


Party Information

Debtor(s):

Elsy G. Mejia Represented By

Maria C Hehr

Movant(s):

Elsy G. Mejia Represented By

Maria C Hehr

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:18-12807


G Hurtado Construction, Inc.


Chapter 11


#17.00 CONT Order (1) Setting Scheduling Hearing And Case Management Conference And (2) Requiring Status Report


From: 5/8/18, 8/21/18, 9/11/18, 9/25/18, 10/30/18, 11/6/18, 12/18/18, 3/5/19, 3/26/19, 8/20/19, 10/29/19, 12/17/19, 1/28/20


EH     


Docket 18

*** VACATED *** REASON: CONTINUED TO 3/31/20 AT 2:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

G Hurtado Construction, Inc. Represented By Michael Jones Sara Tidd

2:00 PM

6:20-11354


Dimlux LLC


Chapter 11


#18.00 Order (1) Setting Scheduling Hearing And Case Management Conference And

  1. Requiring Status Report EH     

    Docket 4

    *** VACATED *** REASON: CONTINUED TO 3/31/20 AT 2:00 P.M.

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Dimlux LLC Represented By

    Donald Beury

    2:00 PM

    6:19-21185


    Sunyeah Group Corporation


    Chapter 11


    #19.00 Notice of motion and motion for relief from automatic stay with supporting declarations ACTION IN NON-BANKRUPTCY FORUM RE: Kippartners, LP v. Sunyeah Group Corporation


    MOVANT: KIPPARTNERS, LP


    EH     


    Docket 45

    *** VACATED *** REASON: CONTINUED TO 4/21/20 AT 2:00 PM

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Sunyeah Group Corporation Represented By David B Golubchik Jeffrey S Kwong

    Movant(s):

    Kippartners, L.P. Represented By Sean A OKeefe

    2:00 PM

    6:19-17537


    Jauregui Trucking, Inc.


    Chapter 11


    #20.00 CONT Emergency Hearing on Debtor's Motion for Authorization to use Cash Collateral


    From: 9/4/19, 10/1/19, 11/12/19, 12/10/19, 1/7/20, 3/10/20


    Also #21 & #22 EH         

    Docket 9

    *** VACATED *** REASON: CONTINUED TO 4/21/20 AT 2:00 P.M.

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Jauregui Trucking, Inc. Represented By Andrew S Bisom

    Movant(s):

    Jauregui Trucking, Inc. Represented By Andrew S Bisom

    2:00 PM

    6:19-17537


    Jauregui Trucking, Inc.


    Chapter 11


    #21.00 Approval of Disclosure Statement Also #20 & #22

    EH     


    Docket 107

    *** VACATED *** REASON: CONTINUED TO 4/21/20 AT 2:00 P.M.

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Jauregui Trucking, Inc. Represented By Andrew S Bisom

    2:00 PM

    6:19-17537


    Jauregui Trucking, Inc.


    Chapter 11


    #22.00 CONT Order (1) Setting Scheduling Hearing And Case Management Conference And (2) Requiring Status Report


    From:10/1/19, 11/12/19, 12/10/19, 1/7/20, 3/10/20


    Also #20 & #21 EH     

    Docket 4

    *** VACATED *** REASON: CONTINUED TO 4/21/20 AT 2:00 P.M.

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Jauregui Trucking, Inc. Represented By Andrew S Bisom

    2:00 PM

    6:17-10724


    Bausman and Company Incorporated


    Chapter 7

    Adv#: 6:19-01122 Whitmore v. Labor Commissioner of the State of California


    #1.00 CONT Status Conference RE: [1] Adversary case 6:19-ap-01122. Complaint by Robert S. Whitmore against Labor Commissioner of the State of California. (Charge To Estate $350.00). Complaint to Avoid Preferential Transfer Pursuant to 11 U.S.C. § 547 (Attachments: # 1 Adversary Cover Sheet) Nature of Suit: (12 (Recovery of money/property - 547 preference)) (Djang, Caroline)


    From: 11/6/19, 1/15/20 EH     

    Docket 1

    Debtor(s):

    *** VACATED *** REASON: CONTINUED TO 4/1/20 AT 2:00 P.M.

    Party Information

    Bausman and Company Incorporated Represented By

    William A Smelko

    Defendant(s):

    Labor Commissioner of the State of Represented By

    Melvin Yee

    Plaintiff(s):

    Robert S. Whitmore Represented By Caroline Djang

    Trustee(s):

    Robert Whitmore (TR) Represented By

    Best Best & Krieger Caroline Djang

    2:00 PM

    6:17-18295


    Eastern Legends CW


    Chapter 7

    Adv#: 6:18-01222 Anderson, Chapter 7 Trustee v. Bobby Lee Associates, LLC


    #2.00 CONT Status Conference RE: [1] Adversary case 6:18-ap-01222. Complaint by Karl T. Anderson, Chapter 7 Trustee against Bobby Lee Associates, LLC. (Charge To Estate). Nature of Suit: (11 (Recovery of money/property - 542 turnover of property)),(14 (Recovery of money/property - other)),(13 (Recovery of money/property - 548 fraudulent transfer)) (Polis, Thomas)


    From: 1/16/19, 4/17/19, 6/12/19, 9/18/19, 10/2/19, 12/11/19


    EH     


    Docket 1

    Debtor(s):

    *** VACATED *** REASON: CONTINUED TO 4/1/20 AT 2:00 P.M.

    Party Information

    Eastern Legends CW Represented By Lawrence B Yang

    Defendant(s):

    Bobby Lee Associates, LLC Represented By Keith S Knochel

    Plaintiff(s):

    Karl T. Anderson, Chapter 7 Trustee Represented By

    Thomas J Polis

    Trustee(s):

    Karl T Anderson (TR) Represented By Thomas J Polis

    2:00 PM

    6:17-18295


    Eastern Legends CW


    Chapter 7

    Adv#: 6:18-01227 Anderson, Chapter 7 Trustee v. Wang et al


    #3.00 CONT Status Conference RE: [13] Amended Complaint Karl T. Anderson, Chapter 7 Trustee's First Amended Complaint; with Proof of Service by Thomas J Polis on behalf of Karl T. Anderson, Chapter 7 Trustee against LiLi Chang, JWLC Imports, Inc., Ming Chung Wang. (RE: related document(s)1 Adversary case 6:18-ap-01227. Complaint by Karl T. Anderson, Chapter 7 Trustee against Ming Chung Wang. (Charge To Estate - $350.00). 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)) (Polis, Thomas) Modified on 11/19/2018. filed by Plaintiff Karl T. Anderson, Chapter 7 Trustee). (Attachments: # 1 Exhibit A # 2 Exhibit B # 3 Exhibit C # 4 Exhibit D) (Polis, Thomas)


    From: 9/18/19, 12/11/19 EH         

    Docket 13

    Debtor(s):

    *** VACATED *** REASON: CONTINUED TO 4/1/20 AT 2:00 P.M.

    Party Information

    Eastern Legends CW Represented By Lawrence B Yang

    Defendant(s):

    Ming Chung Wang Pro Se

    LiLi Chang Represented By

    Lawrence B Yang

    JWLC Imports, Inc. Pro Se

    Plaintiff(s):

    Karl T. Anderson, Chapter 7 Trustee Represented By

    Thomas J Polis

    2:00 PM

    CONT...

    Trustee(s):


    Eastern Legends CW


    Chapter 7

    Karl T Anderson (TR) Represented By Thomas J Polis

    2:00 PM

    6:18-10939


    Vance Zachary Johnson


    Chapter 7

    Adv#: 6:18-01106 Bankers Healthcare Group, LLC v. Johnson


    #4.00 CONT Status Conference RE: [1] Adversary case 6:18-ap-01106. Complaint by Bankers Healthcare Group, LLC against Vance Zachary Johnson. 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))


    From: 7/10/18, 2/20/19, 4/24/19, 7/3/19, 7/17/19, 8/21/19, 11/20/19, 1/29/20


    EH         


    Docket 1

    Debtor(s):

    *** VACATED *** REASON: CONTINUED TO 4/1/20 AT 2:00 P.M.

    Party Information

    Vance Zachary Johnson Represented By Robert P Goe

    Defendant(s):

    Vance Zachary Johnson Represented By Robert P Goe Stephen Reider

    Plaintiff(s):

    Bankers Healthcare Group, LLC Represented By

    Todd L Turoci

    Trustee(s):

    Todd A. Frealy (TR) Represented By Monica Y Kim

    2:00 PM

    6:19-16505


    Jesse Joseph Shelby


    Chapter 7

    Adv#: 6:19-01126 Shelby v. SOFI LENDING CORP.


    #5.00 CONT Status Conference RE: [17] Amended Complaint by Christine A Kingston on behalf of Jesse Joseph Shelby against SOFI LENDING CORP.. (RE: related document(s)1 Adversary case 6:19-ap-01126. Complaint by Jesse Joseph Shelby against SOFI LENDING CORP.. Nature of Suit: (63 (Dischargeability - 523(a)(8), student loan)) (Kingston, Christine)


    From: 1/15/20 EH     

    Docket 17

    Debtor(s):

    *** VACATED *** REASON: CONTINUED TO 4/1/20 AT 2:00 P.M.

    Party Information

    Jesse Joseph Shelby Represented By Steven A Alpert

    Defendant(s):

    SOFI LENDING CORP. Pro Se

    Joint Debtor(s):

    Tina Marie Shelby Represented By Steven A Alpert

    Plaintiff(s):

    Jesse Joseph Shelby Represented By Christine A Kingston

    Trustee(s):

    Steven M Speier (TR) Pro Se

    2:00 PM

    6:19-19337


    Marc Anthony Capoccia


    Chapter 7

    Adv#: 6:20-01012 Canyon Springs Enterprises dba RSH Construction Se v. Capoccia


    #6.00 Status Conference RE: [1] Adversary case 6:20-ap-01012. Complaint by Canyon Springs Enterprises dba RSH Construction Services, a California corporation against Marc Anthony Capoccia. 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)) (Schlecter, Daren)


    EH     


    Docket 1

    Debtor(s):

    *** VACATED *** REASON: CONTINUED TO 4/1/20 AT 2:00 P.M.

    Party Information

    Marc Anthony Capoccia Represented By Douglas A Crowder

    Defendant(s):

    Marc Anthony Capoccia Pro Se

    Plaintiff(s):

    Canyon Springs Enterprises dba Represented By

    David P Berschauer Daren M Schlecter

    Trustee(s):

    Larry D Simons (TR) Pro Se

    11:00 AM

    6:17-17715


    Jorge Luis Luviano and Giovanna Toledo De Luviano


    Chapter 13


    #1.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: Property known as 5896 Avenue Juan Bautista, Riverside, CA 92509


    MOVANT: MIDFIRST BANK


    EH         


    Docket 44


    Tentative Ruling:

    3/31/2020


    Service: Proper Opposition: None


    The Court is inclined to:

    -GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1).

    -GRANT waiver of Rule 4001(a)(3) stay.

    -GRANT requests under ¶¶ 2, 3, and 14.

    -DENY alternative request under ¶ 13 as moot.


    APPEARANCES REQUIRED.

    Party Information

    Debtor(s):

    Jorge Luis Luviano Represented By James G. Beirne

    Joint Debtor(s):

    Giovanna Toledo De Luviano Represented By James G. Beirne

    11:00 AM

    CONT...

    Movant(s):


    Jorge Luis Luviano and Giovanna Toledo De Luviano


    Chapter 13

    MidFirst Bank Represented By Gilbert R Yabes Joseph C Delmotte Darlene C Vigil

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:18-13906


    Ruby Lee Frazier


    Chapter 13


    #2.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1928 SYCAMORE HILL DR., RIVERSIDE, CA


    MOVANT: RIVERSIDE CENTURY HILLS, INC.


    EH     


    Docket 82


    Tentative Ruling:

    3/31/2020


    Service: Proper Opposition: Yes

    Parties to apprise Court of status of adequate protection discussions. APPEARANCES REQUIRED.

    Party Information

    Debtor(s):

    Ruby Lee Frazier Represented By Michael D Franco

    Movant(s):

    Riverside Century Hills, Inc. Represented By Erin A Maloney

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:18-16153


    Shannon Williams


    Chapter 13


    #3.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 2235 Firebrand Avenue, Perris, CA 92571


    MOVANT: THE BANK OF NEW YORK MELLON


    EH     


    Docket 38

    *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 3/19/20

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Shannon Williams Represented By Terrence Fantauzzi

    Movant(s):

    The Bank of New York Mellon fka Represented By

    Merdaud Jafarnia

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:18-20316


    Joel Eggleton and Heather Marie Eggleton


    Chapter 7


    #4.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2014 Subaru Forester, VIN: JF2SJGMC0EH492719


    MOVANT: TD AUTO FINANCE LLC


    EH     


    Docket 34


    Tentative Ruling:

    3/31/2020


    Service: Proper Opposition: None


    The Court is inclined to

    -GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1) and (2).

    -GRANT waiver of Rule 4001(a)(3) stay.

    -GRANT requests under ¶¶ 2 and 12.

    -DENY alternative request under ¶ 11 as moot.


    APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

    Party Information

    Debtor(s):

    Joel Eggleton Represented By Sundee M Teeple

    Joint Debtor(s):

    Heather Marie Eggleton Represented By Sundee M Teeple

    11:00 AM

    CONT...

    Movant(s):


    Joel Eggleton and Heather Marie Eggleton


    Chapter 7

    TD Auto Finance LLC Represented By Sheryl K Ith

    Trustee(s):

    Karl T Anderson (TR) Pro Se

    11:00 AM

    6:19-10484


    Xavier C. Luna


    Chapter 13


    #5.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 34429 Crenshaw St, Beaumont, CA 92223


    MOVANT: JPMORGAN CHASE BANK, NATIONAL ASSOCIATION


    From: 3/3/20 EH        

    Docket 54

    *** VACATED *** REASON: ORDER ENTERED 3/13/20

    Tentative Ruling:

    3/3/2020


    Service: Proper Opposition: Yes

    Movant to apprise Court of status of arrears. APPEARANCES REQUIRED.

    Party Information

    Debtor(s):

    Xavier C. Luna Represented By Christopher J Langley

    Movant(s):

    JPMorgan Chase Bank, National Represented By

    Nancy L Lee Merdaud Jafarnia

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:19-15677


    Bruce Vermille Anderson


    Chapter 7


    #6.00 Notice of motion and motion for relief from the automatic stay with supporting declarations UNLAWFUL DETAINER RE: 37600 Sky Canyon Drive, Hangar Storage Space 80-5, Murrieta, CA 92563


    MOVANT: AHM, LLC


    EH         


    Docket 27


    Tentative Ruling:

    3/31/2020


    Service: Proper Opposition: None


    The Court is inclined to:

    -GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(2).

    -GRANT waiver of Rule 4001(a)(3) stay.

    -GRANT requests under ¶¶ 2 and 13.

    -DENY alternative request under ¶ 12 as moot.


    APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

    Party Information

    Debtor(s):

    Bruce Vermille Anderson Pro Se

    Movant(s):

    AHM, LLC Represented By

    Vikrant Chaudhry

    11:00 AM

    CONT...

    Trustee(s):


    Bruce Vermille Anderson


    Chapter 7

    Howard B Grobstein (TR) Pro Se

    11:00 AM

    6:19-17416


    Gerald Curtis Collins and Valerie Cecelia Collins


    Chapter 13


    #7.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 35247 Sunnyside Drive, Yucaipa, California 92399


    MOVANT: U.S. BANK NATIONAL ASSOCIATION


    From: 2/25/20 EH     

    Docket 29


    Tentative Ruling:

    2/25/2020


    Service: Proper Opposition: None


    11 U.S.C. § 362(c)(3)(A) provides that


  2. if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding 1-year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under section 707(b) –

    1. the stay under subsection (a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case;


      Here, Debtors had a previous case dismissed on April 25, 2019. Debtors not having filed a motion to continue the automatic stay, the automatic stay in the instant case expired on September 22, 2019.

      11:00 AM

      CONT...


      Gerald Curtis Collins and Valerie Cecelia Collins


      Chapter 13

      Therefore, the automatic stay having terminated as a matter of law, the Court is inclined to DENY the motion as MOOT.


      APPEARANCES REQUIRED.

      Party Information

      Debtor(s):

      Gerald Curtis Collins Represented By

      M. Wayne Tucker

      Joint Debtor(s):

      Valerie Cecelia Collins Represented By

      M. Wayne Tucker

      Movant(s):

      U.S. Bank National Association, as Represented By

      Gilbert R Yabes Joseph C Delmotte

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:20-10860


      Jerry Arnold La Cues and Pamela Ann La Cues


      Chapter 13


      #8.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1925 Scenic Ridge Drive, Chino Hills, California 91709


      MOVANT: DARLE STONE AS EXECUTOR OF ESTATE OF WALTER LOUGHRIDGE


      EH     


      Docket 13


      Tentative Ruling:

      3/31/2020


      Service: Proper Opposition: None


      11 U.S.C. § 362(c)(4)(i) provides that


      if a single or joint case is filed by or against a debtor who is an individual under this title, and if 2 or more single or joint cases of the debtor were pending within the previous year but were dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under section 707(b), the stay under subsection (a) shall not go into effect upon the filing of the later case


      Here, Debtors had three previous, joint Chapter 13 cases dismissed in the year preceding the instant bankruptcy case. Debtors not having filed a motion to impose the automatic stay, the automatic stay did not arise in this case. Therefore, the automatic stay never having arisen in this case, the Court is inclined to DENY the motion as MOOT.


      APPEARANCES REQUIRED.

      Party Information

      11:00 AM

      CONT...

      Debtor(s):


      Jerry Arnold La Cues and Pamela Ann La Cues


      Chapter 13

      Jerry Arnold La Cues Pro Se

      Joint Debtor(s):

      Pamela Ann La Cues Pro Se

      Movant(s):

      Bradley Yourist Represented By

      Bradley Jerrod Yourist

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:20-11639


      Young Shin Kim


      Chapter 13


      #9.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 10434 Calling Rd., Agua Dulce, CA 91390


      MOVANT: INTERESTED PARTY AMERICAN FINANCIAL CENTER, INC (AFCI)


      EH     


      Docket 13


      Tentative Ruling:

      3/31/2020


      Service: Proper Opposition: None


      The Court is inclined to:

      -GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1).

      -GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(4) based on Movant having demonstrated the existence of a scheme to "delay, hinder, or defraud" creditors that involved the unauthorized transfer of an interest in the subject real property and the filing of multiple bankruptcies affecting the real property.

      -GRANT waiver of Rule 4001(a)(3) stay.

      -GRANT annulment of the automatic stay to the petition date. The Court finds that Movant did not have notice of the bankruptcy filing at the time it recorded a notice of sale, took no further action in violation of the automatic stay once the bankruptcy filing was discovered, and promptly moved to rectify the issue once discovering the bankruptcy filing. Furthermore, the Court finds that the unauthorized transfer of the subject real property was clearly a bad faith effort to delay Movant, and that either Debtor was involved in this fraudulent scheme, or, more likely, that Debtor is unaware of the recorded transfer of an interest in the subject real property.

      -GRANT requests under ¶¶ 2 and 10.

      -DENY request under ¶ 11 for lack of cause shown. The request under ¶ 11 is an extraordinary request that the Court only grants in the most egregious of

      11:00 AM

      CONT...


      Young Shin Kim


      Chapter 13

      circumstances. While the facts asserted by Movant clearly establish bad faith, the scheme described is not uncommon. Furthermore, the Court notes that the relatively short duration of the scheme weighs against the issuance of an order providing indefinite relief from stay to Movant.

      -DENY request under ¶ 14 as moot because it does not appear to request any independent relief.


      APPEARANCES REQUIRED.

      Party Information

      Debtor(s):

      Young Shin Kim Pro Se

      Movant(s):

      American Financial Center Inc. Represented By Anne C Manalili Lori E Eropkin

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:20-11766


      Elsy G. Mejia


      Chapter 13


      #10.00 CONT Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate 7842 Green Ct., Riverside, CA 92509


      MOVANT: ELSY G. MEJIA


      From: 3/24/20 EH     

      Docket 18

      Tentative Ruling:

      TENTATIVE RULING:


      3/24/20


      Service: Proper Opposition: None


      The Court has reviewed the motion, and the service and notice appear proper. On March 2, 2020 (hereinafter "Petition Date"), Elsy G. Mejia (hereinafter "Debtor") filed a Chapter 13 voluntary petition. Pursuant to 11 U.S.C. § 362(c)(3), The automatic stay in respect to the Debtor expires on the thirtieth day after the filing of this petition, but it remains in respect to the estate.


      Debtor had one prior Chapter 13 voluntary petition, case number 16:16-bk-12849-MH ("Prior Case"), pending and dismissed within one-year period. Debtor was delinquent on plan payments in the amount of $1,200.00. Debtor opposed the motion from the Trustee, Rod Danielson, to dismiss her case. In the opposition, Debtor neither stated why she was delinquent nor how she would repay the amount owed. She stated that "she would not be able to pay the balances owed without the assistance of the Chapter 13 Bankruptcy and humbly request the court to allow her to continue with the case." Prior Case, Dkt. No. 69, Decl. of Elsy G. Mejia.

      11:00 AM

      CONT...


      Elsy G. Mejia


      Chapter 13


      On December 5, 2019, the hearing was held on the Trustee’s motion to dismiss because of delinquent payments. Because Debtor did not appear, the Court dismissed her case.


      Debtor now filed this motion to continue the stay pursuant to 11. U.S.C 362(c)(3)(B). However, because the prior case was dismissed because Debtor was delinquent on plan payments, the filing of this petition, is presumed to not be filed in good faith. 3 Collier on Bankruptcy ¶ 362.06[3][b] (Richard Levin & Henry J. Sommer eds., 16th ed.).


      To overcome this presumption, the Debtor must provide clear and convincing evidence to the contrary. "[Clear and convincing evidence] is defined as that degree or measure of proof which will produce in the mind of the trier of fact, a firm belief or conviction that the allegations sought to be established as true; it is ‘evidence so clear, direct weight[,] and convincing as to enable the fact finder to come to a clear conviction, without hesitancy, of the truth of the precise facts of the case. In re Castaneda, 342 B.R. 90 (Bankr. S.D. Cal. 2006) (citing Charles I, 332 B.R. 538, 542 (Bankr. S.D. TX. 2005)).


      Debtor, yet again, did not allude to why she was unable to make the Prior Case’s plan payments. Debtor also did not state, specifically, how she would make this play payments and avoid further delinquencies. She made a general blank statement, "I am ready to complete my chapter 13 plan[;] I am proposing to pay 100% of my unsecured debts and to pay the plan though the Trustee’s ACH system[; and] I am filing this case to reorganize my debts and get a fresh start." Dkt. No. 18, Decl. of Elsy G. Mejia.


      "Mere statements by the movement in the motion does not carry evidentiary weight. The movant must provide detailed, competent, evidence sufficient…to rebut the presumption of bad faith." In re Castaneda, 342 B.R. at 96. In this case, the Debtor has not provided evidence more than mere statements.


      Debtor’s statements alone are not sufficient to establish clear and convincing evidence to rebut the presumption pursuant to 11 U.S.C § 362(c)(3) that the case was not filed in good faith. Thus, the Court is inclined to DENY the motion. The stay does not remain in effect against all creditors.

      11:00 AM

      CONT...


      Elsy G. Mejia


      Chapter 13


      APPEARANCES REQUIRED.


      Party Information

      Debtor(s):

      Elsy G. Mejia Represented By

      Maria C Hehr

      Movant(s):

      Elsy G. Mejia Represented By

      Maria C Hehr

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:20-12105


      Domingo Ramirez and Rocio Ramirez


      Chapter 13


      #11.00 Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate 16576 Filbert Street Fontana CA 92335 and the 2017 Honda Civic


      MOVANT: DOMINGO RAMIREZ & ROCIO RAMIREZ


      EH     


      Docket 9


      Tentative Ruling:

      3/31/2020


      Service: Adequate Opposition: Yes


      The Court having reviewed the motion, and notice appearing adequate, finds that the statutory presumption that the case was filed in bad faith pursuant to 11 U.S.C. § 362(c)(3)(C) has not arisen in this case, and that, in light of Debtors’ offer to enter into an adequate protection agreement with the mortgagee, Debtor has provided sufficient evidence to establish that the case was filed in good faith. Therefore, the Court is inclined to GRANT the motion, CONTINUING the automatic stay as to all creditors. Debtors to address adequate protection discussions, if any, with mortgagee.


      APPEARANCES REQUIRED.

      Party Information

      Debtor(s):

      Domingo Ramirez Represented By Jaime A Cuevas Jr.

      Joint Debtor(s):

      Rocio Ramirez Represented By Jaime A Cuevas Jr.

      11:00 AM

      CONT...

      Movant(s):


      Domingo Ramirez and Rocio Ramirez


      Chapter 13

      Domingo Ramirez Represented By Jaime A Cuevas Jr.

      Rocio Ramirez Represented By Jaime A Cuevas Jr.

      Trustee(s):

      Rod Danielson (TR) Pro Se

      2:00 PM

      6:11-12667


      Maximino Romero Torres and Rebecca Anne Torres


      Chapter 7


      #12.00 CONT Motion to Avoid Property lien with Ford Motor Credit Company, LLC From: 3/4/20

      Also #13 EH     

      Docket 56

      Tentative Ruling: 3/4/20

      BACKGROUND


      On September 26, 2011 ("Petition Date"), Maximino Romero Torres (hereinafter "Debtor") and Rebecca Anne Torres (hereinafter "Joint Debtor") (together hereinafter "Debtors") filed for Chapter 7 voluntary petition.


      In their commencement documents, Debtors listed their residence at 5975 Merced Road, Oak Hills, California 92344 (hereinafter the "Property"). The value of the Property was listed at $60,500.00, and the amount the Debtors’ homestead exemption, under Cal. Code Civ. Proc. §430(b)(1), in the Property was $42,303.71, the same amount as the secured claim on the Property owed by Chase Home Finance (hereinafter "Chase").


      On March 21, 2011, Debtors amended their Schedule B and Schedule C. Dkt.

      Nos. 17 and 18. However, Debtors left the Property’s value and exemption amount unchanged. Id. On May 19, 2011, Debtors received a discharge. The case was subsequently closed on May 23, 2011.


      On February 15, 2019, Debtors filed a motion to reopen their case to avoid a lien against their Property (hereinafter "First Motion to Reopen"). Dkt. No. 25.

      Debtors, in their First Motion to Reopen, stated that they were unaware of an abstract

      2:00 PM

      CONT...


      Maximino Romero Torres and Rebecca Anne Torres


      Chapter 7

      lien judgment placed on the Property on September 21, 2009, filed by Ford Motor Credit Company, LLC (hereinafter "FMC") and entered by Superior Court of California, County of San Bernardino.


      Debtors’ counsel became aware of the lien because the judgment was renewed on May 15, 2018. The renewed judgment amount accrued to $15,648.23 because of interest after judgment, credit after judgment, and fee for filing renewal application.


      On March 19, 2019, after reviewing the motion and good cause appearing, the Court granted the motion to reopen Debtors’ case for a period of sixty days. Dkt. No.

      1. The motion to avoid FMC’s abstract judgment lien under 11 U.S.C. §522(f) was subsequently filed by Debtors on March 29, 2019 (hereinafter "First Motion to Avoid Lien"). Dkt. No. 28.


        However, the motion was denied on April 26, 2019. Dkt. No. 30. The Court reasoned that Debtors provided insufficient evidence of the exempt status and the fair market value of the Property: the Debtors erroneously used the same exempt value as the secured claim value, and did not provide evidence of the fair market value of the Property. Id. On May 30, 2019, Debtors filed a second motion to avoid FMC’s abstract judgment lien under 11 U.S.C. §522 (f) (hereinafter the "Second Motion to Avoid Lien"). Dkt. No. 32. Even though the sixty-day period had expired on May 18, 2019, the Court still heard the motion and placed it on its calendar for hearing on July 31, 2019. Dkt. No. 35.


        On July 31, 2019, the Court heard the matter. Yet, again, the Court denied the motion without prejudice because of a list of errors:


        • On page 2, paragraph 5 of the motion, Debtors placed the wrong exempted amount.

        • on page 2, paragraph 9 of the motion, Debtors allege that the fair market value of the property was $60,500; however, they provided an appraisal claiming the fair market value of the property was $49,000;

        • on page 2, paragraph 10 of the motion, Debtor failed to include Chase’s lien on the property, alleged to be in the amount of $42,303.71; etc.


      On September 5, 2019, Debtors filed a third motion to avoid FMC’s abstract

      2:00 PM

      CONT...


      Maximino Romero Torres and Rebecca Anne Torres


      Chapter 7

      judgment lien under 11 U.S.C. §522(f) (hereinafter "Third Motion to Avoid Lien"). Dkt. No. 40. Yet again, on October 9, 2019, because of a list of errors and insufficient evidence that were listed above but never rectified, the Court denied the motion and closed the case.


      On November 5, 2019, Debtors filed a second motion to reopen the case to avoid a lien (hereinafter "Second Motion to Reopen"). After reviewing the case and good cause appearing, the Court granted the Second Motion to Reopen for a period of sixty days. Dkt. No. 54. The Debtors subsequently filed a fourth motion to avoid FMC’s abstract judgment lien under 11 U.S.C. §522(f) (hereinafter "Fourth Motion to Avoid Lien"). Dkt. No. 56.


      DISCUSSION


      I. Exemptions


      11 U.S.C §522 is the principal section governing exemptions. 11 U.S.C § 522(d) lists certain types of properties and the amount the Debtor can exempt for such type. However, States have the opportunity to prohibit their residence from choosing the exemption stated in that subsection. 11 U.S.C. §522(b).


      California happens to be one of those States. States that opted-out of the federal exemption provided by 11 U.S.C §522(d) can limit their residence to the exemptions available under applicable state and non-bankruptcy federal laws. 4 Collier on Bankruptcy ¶ 522.01 (Richard Levin & Henry J. Sommer eds., 16 ed.).


      Under Cal. Code of Civ. Proc. §730.050, the determination of whether property is exempt or the amount of an exemption shall be made by application of the exemption statutes in effect at (1) at the time the judgment creditor’s lien was created or (2) if the judgment creditor’s lien on the property is the latest in a series, at the time the earliest lien in the series of overlapping liens was created.


      In Debtors’ declaration in support of the motion, it states that Chase incurred a secured claim on August of 1990. However, like the other motions to avoid the FMC’s abstract judgment lien, this motion does not have any evidence of Chase’s

      2:00 PM

      CONT...


      Maximino Romero Torres and Rebecca Anne Torres


      Chapter 7

      lien. The lack of this evidence significantly prevents the Court to determine if FMC’s lien can actually be voided under 11 U.S.C. §522(f).


      Without evidence of Chase’s lien or its value, it quite difficult to determine the homestead exemption amount. The Debtors are allowed an exemption of their aggregate interest in the real property that the debtors use as a residence up to the value of the exemption. When Debtors’ homestead is subjected to a valid mortgage, which the Debtors allege the Chase lien is, the exemption is applied to the unencumbered interest of the first mortgage.


      Furthermore, California gives its residence one of two options for a homestead exemption: (1) a debtor may elect a set of exemptions under Cal. Code of Civ. Proc. § 703.140, including an homestead exemption of $24,060, or (2) claim the benefit of the homestead exemptions available to judgment debtors in Cal. Code of Civ. Proc. § 704.730, which provides three different amounts—$75,000, $100,000, and $175,000. In re Pladson, 35 F.3d 462, 464 (9th Cir. Ct. App. 1994).


      In their Memorandum of Points and Declaration of James A. Alderson in their Fourth Motion to Avoid the Lien, Debtors allege to exempt the Property under Cal.

      Code of Civ. Proc. §403(b)(1). Cal. Code of Civ. Proc. §403(b)(1), has nothing to do with homestead exemptions. This provision pertains to reclassification of civil actions and proceedings. However, on page 2, on Paragraph 5, Debtors claim an exemption in the amount of $18,196.29 under Cal. Code of Civ. Proc. §703(b)(1). This pertains to the correct section, exemptions, but it does not enlighten the court to what homestead exemption the Debtors elect.


      Nonetheless, under either of exemptions the Debtors can elect, the property would be encumbered if there was evidence of Chase’s lien existing and the value of that lien being what the Debtors allege. Yet again, the Court has no choice but to deny the motion after the Debtors fail to provide evidence that the Court has repeatedly asked for. In other words, without proof of a senior lien, there is sufficient equity in the residence to satisfy both the claimed exemption and the Ford judgment, and thus the lien does not impair the exemption.


      TENTATIVE RULING

      Opposition: None

      2:00 PM

      CONT...


      Maximino Romero Torres and Rebecca Anne Torres


      Chapter 7

      Service: Proper


      As set forth above, the Court DENIES this motion with prejudice. After repeatedly allowing the Debtors multiple bites at the proverbially apple and stating the type of evidence needed to determine whether the motion should be granted, the Court hereby orders that the case be closed.


      APPEARANCES REQUIRED.


      Party Information

      Debtor(s):

      Maximino Romero Torres Represented By James A Alderson

      Joint Debtor(s):

      Rebecca Anne Torres Represented By James A Alderson

      Movant(s):

      Maximino Romero Torres Represented By James A Alderson

      Rebecca Anne Torres Represented By James A Alderson James A Alderson

      Trustee(s):

      Patricia J Zimmermann (TR) Pro Se

      2:00 PM

      6:11-12667


      Maximino Romero Torres and Rebecca Anne Torres


      Chapter 7


      #13.00 Order to show cause why James Alderson should not be: (1) Sanctioned in the amount of $5,000; and (2) Reported to the State Bar Disciplinary Committee for failure to conform to professional rules of conduct


      Also #12 EH     

      Docket 64


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Maximino Romero Torres Represented By James A Alderson

      Joint Debtor(s):

      Rebecca Anne Torres Represented By James A Alderson

      Trustee(s):

      Patricia J Zimmermann (TR) Pro Se

      2:00 PM

      6:18-12807


      G Hurtado Construction, Inc.


      Chapter 11


      #14.00 CONT Order (1) Setting Scheduling Hearing And Case Management Conference And (2) Requiring Status Report


      From: 5/8/18, 8/21/18, 9/11/18, 9/25/18, 10/30/18, 11/6/18, 12/18/18, 3/5/19, 3/26/19, 8/20/19, 10/29/19, 12/17/19, 1/28/20, 3/24/20


      EH     


      Docket 18


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      G Hurtado Construction, Inc. Represented By Michael Jones Sara Tidd

      2:00 PM

      6:18-10155


      Jose De Jesus Hernandez


      Chapter 11


      #15.00 Confirmation of Chapter 11 Plan


      Also #16 EH     

      Docket 188

      Tentative Ruling:

      3/31/2020

      BACKGROUND

      On January 9, 2018, Jose de Jesus Hernandez ("Debtor") filed a Chapter 11 voluntary petition. On December 10, 2018, Debtor filed its first Chapter 11 plan and disclosure statement. On July 9, 2019 Debtor filed an amended disclosure statement and amended Chapter 11 plan. On November 6, 2019, the Court entered an order denying approval of Debtor’s amended disclosure statement. On November 15, 2019, Debtor filed the second amended disclosure statement and second amended Chapter 11 plan (the "Plan"). On February 7, 2020, the Court entered an order approving Debtor’s second amended disclosure statement.

      The Court set a hearing on confirmation of the Plan for March 31, 2020. On February 6, 2020, Debtor filed a notice of confirmation hearing. On February 20, 2020, Debtor filed a certification of service indicating service of the plan package, including: (a) ballots; (b) the Plan; (c) the second amended disclosure statement; (d) order approving the second amended disclosure statement; and (e) notice of confirmation hearing. On March 2, 2020, the Court approved a stipulation between Debtor and the California Department of Tax and Fee Administration ("CDTFA") regarding plan treatment. This stipulation incorporated a previous stipulation approved on May 17, 2019, which provided, inter alia, that CDTFA "stipulates to cast a vote in favor confirmation of

      2:00 PM

      CONT...

      Jose De Jesus Hernandez

      Chapter 11

      Debtor’s Plan of Reorganization once the disclosure statement is approved and solicitation of the Plan is authorized by the court."


      On March 17, 2020, Debtor filed a memorandum of points and authorities and a summary of ballots. The Court notes that these documents were filed four days after the Court’s directed deadline of March 13, 2020.


      DISCUSSION



      1. Ballots


        Pursuant to declaration filed February 20, 2020, Debtor timely transmitted its disclosure statement, Plan, ballots, and notice of confirmation hearing. The only ballot received by Debtor was from On Deck Capital, a Class 1 creditor which voted to accept Debtor’s Plan.


      2. Classes


        Unclassified Claims:



        Administrative Expenses: Estimated $50,000 fees for Debtor’s attorney, Eric Bensamochan, Esq., to be paid in full on the effective date of the plan.


        Priority Tax Claims. CDTFA ($196,467.16), the Franchise Tax Board ($12,272.95), and the Internal Revenue Service ($92,925.42) all filed proofs of claims. The Plan states that priority tax claims are to be in full with 5% interest in equal monthly

        2:00 PM

        CONT...


        Jose De Jesus Hernandez


        Chapter 11

        payments ending in January 2023. Debtor has stipulated with CDTFA, however, to pay its claim at 7% interest.


        Class 1: On Deck Capital (claim secured by business assets). The Class 1 claim is

        $139,434.96, to be paid in equal monthly payments over sixty months ending in June 2023. Class 1 has voted to accept the Plan.


        Class 2: US Bank (claim secured first deed of trust encumbering certain real property located at 3109 Ocelot Cir., Corona, California). Debtor to cure arrears ($17,831.08) over sixty monthly payments beginning the month after the effective date of the plan. Debtor to continue making mortgage payments pursuant to note.


        Class 3: Specialized Loan Servicing (claim secured by second deed of trust encumbering certain real property located at 3109 Ocelot Cir., Corona, California). Debtor to pay entirety of arrears ($1,729.31) within thirty-days of effective date of plan. Monthly mortgage payments to continue being made pursuant to note.


        Classes 4 and 5: Wells Fargo/Wells Fargo Bank N.A. (claims secured by first and second deed of trust encumbering certain real property located at 3095 Ocelot Cir., Corona, California). These claims should have been paid off in full pursuant to the sale of the property authorized by order entered December 4, 2019.


        Class 6: JP Morgan Chase (claim secured by 2008 Infiniti G35). Arrears ($77.54) shall be paid in full within thirty days of effective date of plan. Monthly payments to continue pursuant to contractual terms.


        Class 7: Nissan Infinity (claim secured by Nissan NV 200). Arrears ($665.50) shall be paid in full within thirty days of effective date of plan. Monthly payments to continue pursuant to contractual terms.

        2:00 PM

        CONT...


        Jose De Jesus Hernandez


        Chapter 11


        Class 8: CDTFA (Debtor has listed CDTFA as classified and unclassified). Plan states that non-contingent portion of claim ($127,360.64) shall be paid in 42 equal monthly payments at 7% interest.


        Priority Unsecured Creditors: Six different claims totaling $92,925.42. Debtor to pay $50k on effective date of plan, and then pay the remainder over thirty-six monthly payments beginning the second month after confirmation of the plan.


        Unsecured Creditors: Twelve claims totaling $47,584.04. Claims to be paid in equal monthly payments over sixty months – except claims that are $200 or less, which are to be paid in full within thirty days of the effective date of the plan. This appears to just be Juice Buds.


      3. Plan Confirmation


      "The bankruptcy court must confirm a Chapter 11 debtor’s plan of reorganization if the debtor provides by a preponderance of the evidence either (1) that the Plan satisfies all thirteen requirements of 11 U.S.C. § 1129(a), or (2) if the only condition not satisfied is the eighth requirement, 11 U.S.C. § 1129(a)(8), the Plan satisfies the ‘cramdown’ alternative to this condition found in 11 U.S.C. § 1129(b), which requires that the Plan ‘does not discriminate unfairly’ against and ‘is fair and equitable’ towards each impaired class that has not accepted the plan." In re Ambanc La Mesa Ltd. P’ship, 115 F.3d 650, 653 (9th Cir. 1997).


      A. 11 U.S.C. § 1129(a) requirements


      1129(a)(1): "The plan complies with the applicable provisions of this title." The

      2:00 PM

      CONT...


      Jose De Jesus Hernandez


      Chapter 11

      legislative history indicates that this requirement primarily refers to the requirements of 11 U.S.C. §§ 1122 and 1123. See In re Multiut Corp., 449 B.R. 323, 333 (Bankr.

      N.D. Ill. 1984). Section 1122 deals with the classification of claims, and requires that claims in a single class be substantially similar. The Court finds that the demarcation of classes is proper. Section 1123 deals with the contents of a plan, and identifies certain mandatory and permissive provisions. For the reasons set forth in the confirmation brief, it appears that Debtor is in compliance with § 1123.


      1129(a)(2): "The proponent of the plan complies with the applicable provisions of this title." The legislative history indicates that this requirement primarily refers to the disclosure requirements in § 1125. See In re Capitol Lakes, Inc., 2016 WL 3598536 at

      *2 (Bankr. W.D. Wis. 2016). Here, the Court has approved Debtor’s disclosure statement, and Debtor has provided a service declaration indicating that the required documents were served on creditors, and, therefore, it appears that this requirement has been satisfied.


      1129(a)(3): FED. R. BANKR. P. Rule 3020(b)(2) provides that: "If no objection is timely filed, the court may determine that the plan has been proposed in good faith and not by any means forbidden by law without receiving evidence on such issues." Here, no objection has been timely filed, and, as such, the Court deems the Plan to have been filed in good faith and not by any means forbidden by law. Therefore, this requirement is satisfied.


      1129(a)(4): Section II.B.1 of the Plan states that Court approval of administrative fees is required prior to payment. Therefore, it appears that this requirement has been satisfied.


      1129(a)(5): Because Debtor is an individual, this provision is inapplicable.


      1129(a)(6): Because Debtor is an individual, this provision is inapplicable.

      2:00 PM

      CONT...


      Jose De Jesus Hernandez


      Chapter 11


      1129(a)(7): This provision requires that either: (a) each class accepts the plan; or (b) will receive at least as much as it would receive in a hypothetical liquidation under Chapter 7. Debtor confirmation brief only vaguely addresses this provision.

      Liquidation analysis is provided as the final page (final attachment) to Debtor’s Plan.


      1129(a)(8): All classes are not deemed to have accepted the Plan. Confirmation brief addresses cramdown of classes 2, 3, 6, 7, and 9.


      1129(a)(9): This requirements appears to have been satisfied because administrative fees will be paid on the later of: (a) the effective date of the plan; (b) the date upon which an order is entered allowing the fees; or (c) a later date agreed to by the claimant. Priority tax claims are to be paid with 5% (or 7%) interest in full within sixty-months of the petition date.


      1129(a)(10): The ballot summary and ballots submitted by Debtor appear to indicate that Class 1 has accepted the Plan, and, therefore, it appears that this requirement is satisfied.


      1129(a)(11): This provision requires Debtor to demonstrate that "[c]onfirmation of the plan is not likely to be followed by the liquidation, or the need for further financial reorganization."


      Cash on hand required on effective date: $50k (administrative fees) + $1,729.31 (Class 3) + $77.54 (Class 6) + $665.50 (Class 7) + $50k (priority unsecured) + $190 (general unsecured) = $102,662.35. Confirmation brief says Debtor has about $100k, however, there is no evidence from Debtor to support this figure.

      2:00 PM

      CONT...


      Jose De Jesus Hernandez


      Chapter 11

      Monthly plan payments required: $2,323.92 (Class 1) + $297.18 (Class 2) + $3,244.67 (Class 8) + $1,192.37 (priority unsecured) = $7,058.14.


      General unsecured estimated at $789.90

      Priority tax claims (other than Class 8) estimated at $4,519.48


      Total monthly plan payment estimated at $12,367.52


      1129(a)(12): Section II.B.I. of the Plan indicates that all bankruptcy fees have been paid or will be paid by the effective date of the plan.


      1129(a)(13): This provision is inapplicable to the instant case.


      1129(a)(14): This provision is inapplicable to the instant case.


      1129(a)(15): No unsecured creditor objected to the Plan, and, therefore, this provision is inapplicable in the instant case.


      1129(a)(16): This provision is inapplicable to the instant case.


      Tentative Ruling:

      2:00 PM

      CONT...


      Jose De Jesus Hernandez


      Chapter 11

      The Court is inclined to CONTINUE the hearing for detailed evidence from Debtor as to ability to make effective date and ongoing plan payments. In addition, as to cramdown on Class 2, Debtor will need to supplement its analysis as it appears paying arrears over five years without interest does not satisfy the fair and equitable requirement of 11 U.S.C. § 1129(b)(2).


      APPEARANCES REQUIRED.


      Party Information

      Debtor(s):

      Jose De Jesus Hernandez Represented By

      Eric Bensamochan

      2:00 PM

      6:18-10155


      Jose De Jesus Hernandez


      Chapter 11


      #16.00 CONT Order (1) Setting Scheduling Hearing And Case Management Conference And (2) Requiring Status Report


      From: 10/23/18, 11/27/18, 1/29/19, 3/5/19, 6/11/19, 8/20/19, 10/29/19, 1/28/20,

      2/4/20


      Also #15 EH     

      Docket 96


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Jose De Jesus Hernandez Represented By

      Eric Bensamochan

      2:00 PM

      6:20-11354


      Dimlux LLC


      Chapter 11


      #17.00 Notice of motion and motion for relief from stay with supporting declarations ACTION IN NON-BANKRUPTCY FORUM RE: Mansour-Hussein Barghi vs. Kasra Barghi, Dimlux, LLC et al, docket no# LD106244


      MOVANT: MANSOUR HOSSEIN BARGHI


      Also #18 & #19 EH     

      Docket 23


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Dimlux LLC Represented By

      Donald Beury Donald Beury

      Movant(s):

      Mansour Hossein Barghi Represented By Fari B Nejadpour

      2:00 PM

      6:20-11354


      Dimlux LLC


      Chapter 11


      #18.00 Order to show cause re dismiss re List of Equity Security Holders Also #17 & #19

      EH     


      Docket 31


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Dimlux LLC Represented By

      Donald Beury Donald Beury

      2:00 PM

      6:20-11354


      Dimlux LLC


      Chapter 11


      #19.00 CONT Order (1) Setting Scheduling Hearing And Case Management Conference And (2) Requiring Status Report


      From: 3/24/20 Also #17 & #18 EH     

      Docket 4


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Dimlux LLC Represented By

      Donald Beury Donald Beury

      2:00 PM

      6:19-13127


      Woodcrest Ace Hardware Inc.


      Chapter 11


      #20.00 CONT Motion for Authorization to Use Cash Collateral and Provide Adequate Protection


      From: 12/3/19, 2/25/20 Also #21 - #30

      EH     


      Docket 199


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Woodcrest Ace Hardware Inc. Represented By

      Robert B Rosenstein

      Movant(s):

      Woodcrest Ace Hardware Inc. Represented By

      Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein

      2:00 PM

      6:19-13127


      Woodcrest Ace Hardware Inc.


      Chapter 11


      #21.00 Motion RE: Objection to Claim Number 12 by Claimant Zions Bancorporation,

      N.A. D/B/A California Bank & Trust Also #20 - #30

      EH     


      Docket 278


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Woodcrest Ace Hardware Inc. Represented By

      Robert B Rosenstein

      Movant(s):

      Woodcrest Ace Hardware Inc. Represented By

      Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein

      2:00 PM

      6:19-13127


      Woodcrest Ace Hardware Inc.


      Chapter 11


      #22.00 Motion for Approval of Interim Professional Fees and Expenses of Bankruptcy Accountant re Brass Tax Ryder Professional Group, Inc.


      Also #20 - #30


      EH         


      Docket 288


      Tentative Ruling:

      3/31/2020


      On April 12, 2019, Woodcrest Ace Hardware, Inc., 9 Fingers, Inc., P&P Hardware, Inc., Riverside Ace Hardware, Inc., and Wildomar Ace Hardware, Inc. (collectively, "Debtors") filed their Chapter 11 voluntary petitions. The following procedural events have occurred so far in the cases:


      -On May 2, 2019, the Court approved Debtors’ use of cash collateral on an interim basis.

      -On May 28, 2019, the Court set a claims bar date of July 29, 2019.

      -On May 31, 2019, the Court entered a scheduling order, setting a claim objection deadline of October 31.


      -On June 13, 2019, the Court denied Debtors’ motion to substantively consolidate their cases.


      -On June 19, 2019, the Court extended Debtors’ authorization to use cash collateral on an interim basis.


      -On June 21, 2019, the Court ordered adequate protection payments be made to Ford Motor Credit Company LLC.


      -On June 28, 2019, the Court authorized the employment of Brass Tax Ryder Professional Group, Inc. as bankruptcy accountant.

      2:00 PM

      CONT...


      Woodcrest Ace Hardware Inc.


      Chapter 11

      -On July 12, 2019, the Court ordered joint administration of Debtors’ cases.

      -On August 16, 2019, the Court authorized the employment of Rosenstein & Associates as bankruptcy counsel.


      -On August 30, 2019, the Court ordered the rejection of a vehicle lease with Financial Services Vehicle Trust.


      -On September 12, 2019, the Court extended Debtors’ authorization to use cash collateral.


      -On October 2, 2019, the Court approved Debtors’ use of their cash management system.


      -On October 29, 2019, the Court extended the deadline for Debtors to object to the claim of On Deck Capital Inc. until January 31.


      -On October 31, 2019, the Court extended the deadline for Debtors to object to the claim of Zions Bancorporation, N.A. ("Creditor") until January 31.


      -On November 1, 2019, the Court entered a scheduling order, setting: (1) a deadline of November 15 for Debtors to file their disclosure statement and plan; (2) a deadline of January 31 for Debtors to have their disclosure statement approved; and (3) a deadline of April 17 for Debtors to have their plan confirmed.


      -On November 4, 2019, the Court granted Ford Motor Credit Company LLC relief from the automatic stay.


      -On December 12, 2019, the Court extended Debtors’ authorization to use cash collateral, and approved a stipulation for claim treatment between Debtors and Kabbage, Inc.

      -On January 16, 2020, the Court approved Debtors’ disclosure statement.

      -On January 30, 2020, the Court entered three orders: (1) an order extending the deadline for plan confirmation until March 31, 2020; (2) an order extending the deadline to object to the claim of Creditor until February 18, 2020; and (3) an order extending the deadline to object to the claim of Bond Street Servicing, LLC until April 30, 2020.

      -On January 31, 2020, the Court entered an order extending the deadline to object to

      2:00 PM

      CONT...


      Woodcrest Ace Hardware Inc.


      Chapter 11

      the claim of On Deck Capital, Inc. until April 30, 2020.

      -On February 18, 2020, the Court entered an order extending the deadline to object to the claim of Creditor until March 2, 2020.


      -On February 26, 2020, the Court entered an order extending the use of cash collateral until March 31, 2020.


      -On March 3, 2020, the Court approved Debtors’ application to have its objection to the claim of Creditor. heard on twenty-nine days’ notice rather than thirty days.


      On March 6, 2020, Rosenstein & Associates ("Counsel") and Brass Tax Ryder Professional Group, Inc. ("Accountant") filed motions for approval of interim professional fees and expenses. Counsel requests an aggregate of $204,033.12 for services rendered up through December 31, 2019. Accountant requests $11,506.35 for services rendered up through December 31, 2019.


      As a preliminary matter, Local Rule 2016-(1)(a)(2)(A) states, in part:


      In all cases where the employment of more than one professional person has been authorized by the court, a professional person who files an application for interim fees must give other professional persons employed in the case not less than 45 days’ notice of the date and time of the hearing.


      Here, Counsel & Accountant did not comply with the above rule, although there clearly was communication between Counsel and Accountant, and Counsel appears to have drafted and filed Accountant’s fee application.


      The Court has reviewed the application of Accountant and finds the compensation requested to be generally reasonable pursuant to the factors outlined in 11 U.S.C.

      § 330(a). The Court further notices that notice and service appear proper, and the Court has not received any opposition to the requested fees, which the Court deems consent to the relief requested pursuant to Local Rule 9013-1(h).


      Having reviewed Counsel’s application for compensation, however, the Court notes that the manner in which the fee application was prepared significantly hampers the

      2:00 PM

      CONT...


      Woodcrest Ace Hardware Inc.


      Chapter 11

      Court’s ability to review the fees for reasonableness. As an example, the Court will select a single billing entry which exemplifies the difficulty in assessing the fees requested. On November 14, 2019, there is a billing entry for timekeeper JLH in the amount of 1.2 hours that states the following:


      Complete draft of plan and conference with RBR regarding the same; revise draft of plan; e-mails to/from client regarding the same and e- mails to/from counsel for Wildomar landlord regarding amendment to include in plan


      This 1.2 hour time entry is replicated in the billing entries of the billing statements related to each of the five debtors. The Court can conclude, by reviewing a variety of time entries, that time related to tasks relevant to all or multiple of the individual debtors has been evenly assessed against each debtor. Nevertheless, given the length of the billing statements, and the fact that many, but not all, tasks were performed for multiple or all of the debtors, Counsel’s approach of dividing time between the individual debtors, without providing an aggregate billing statement, significantly hampers the Court’s ability to review the billing entries.


      Additionally, the Court notes that the time entry quoted above – as well as many of the time entries submitted -- contains substantial lumping of services provided. While the Court prefers to review time entries entry by entry, in cases where the time entries are voluminous or where an applicant has regularly submitted "lumped" time entries, the Court may review the matter more holistically. See, e.g., In re GSG Group, Inc. 502 B.R. 673, 742-43 (Bankr. S.D.N.Y. 2013) ("Courts have endorsed cutting a professional’s fees by a percentage as a practical means of trimming fat from a fee application, particularly to address problems like lumping, duplication of effort, and vague time entries.") (quotation omitted) (collecting cases); In re Baker, 374 B.R.

      489, 496 (Bankr. E.D.N.Y. 2007) ("Across the board percentage cuts in the fees claimed are routinely utilized so that courts do not misuse their time setting forth item-by-item findings concerning what be countless objections to individual billing items, when the billing records are voluminous, as they are in this dispute.") (quotation omitted) (collecting cases); In re A.W. Logging, Inc., 356 B.R. 506, 518 (Bankr. D. Idaho 2006) ("Because Beeman’s

      2:00 PM

      CONT...


      Woodcrest Ace Hardware Inc.


      Chapter 11

      itemization of services displays a general lack of adequate detail, the Court has determined that an overall reduction, as opposed to an entry-by-entry analysis, best addresses this defect." see also In re Thomas 2012 WL 1008654 (9th Cir. 2012) (approving percentage reduction). Here, because the billing entries provided do not allow for an adequate review of the reasonableness of the fees requested, the Court will either need supplemental evidence allowing for an entry-by-entry review, or can consider the application under a more holistic standard. Given that significant contested matters remaining outstanding, however, the Court does not believe that a holistic review is appropriate at this time.


      Finally, while not an issue throughout the billing statements, the Court notes that the hourly billing rate for the entry quoted above has been increased from the normal $350/hour to $1,108.33/hour.


      The Court is inclined to approve the requested fees and expenses of Accountant in their entirety, and CONTINUE the hearing on the motion to approve the fees and expenses of Counsel for a resolution of the outstanding substantive issues.


      APPEARANCES REQUIRED.

      Party Information

      Debtor(s):

      Woodcrest Ace Hardware Inc. Represented By

      Robert B Rosenstein

      Movant(s):

      Woodcrest Ace Hardware Inc. Represented By

      Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein

      2:00 PM

      6:19-13127


      Woodcrest Ace Hardware Inc.


      Chapter 11


      #23.00 Motion for Approval of Interim Professional Fees and Expenses of Bankruptcy of Robert B. Rosenstein


      Also #20 - #30


      EH         


      Docket 287


      Tentative Ruling:

      3/31/2020


      On April 12, 2019, Woodcrest Ace Hardware, Inc., 9 Fingers, Inc., P&P Hardware, Inc., Riverside Ace Hardware, Inc., and Wildomar Ace Hardware, Inc. (collectively, "Debtors") filed their Chapter 11 voluntary petitions. The following procedural events have occurred so far in the cases:


      -On May 2, 2019, the Court approved Debtors’ use of cash collateral on an interim basis.

      -On May 28, 2019, the Court set a claims bar date of July 29, 2019.

      -On May 31, 2019, the Court entered a scheduling order, setting a claim objection deadline of October 31.


      -On June 13, 2019, the Court denied Debtors’ motion to substantively consolidate their cases.


      -On June 19, 2019, the Court extended Debtors’ authorization to use cash collateral on an interim basis.


      -On June 21, 2019, the Court ordered adequate protection payments be made to Ford Motor Credit Company LLC.


      -On June 28, 2019, the Court authorized the employment of Brass Tax Ryder Professional Group, Inc. as bankruptcy accountant.

      2:00 PM

      CONT...


      Woodcrest Ace Hardware Inc.


      Chapter 11

      -On July 12, 2019, the Court ordered joint administration of Debtors’ cases.

      -On August 16, 2019, the Court authorized the employment of Rosenstein & Associates as bankruptcy counsel.


      -On August 30, 2019, the Court ordered the rejection of a vehicle lease with Financial Services Vehicle Trust.


      -On September 12, 2019, the Court extended Debtors’ authorization to use cash collateral.


      -On October 2, 2019, the Court approved Debtors’ use of their cash management system.


      -On October 29, 2019, the Court extended the deadline for Debtors to object to the claim of On Deck Capital Inc. until January 31.


      -On October 31, 2019, the Court extended the deadline for Debtors to object to the claim of Zions Bancorporation, N.A. ("Creditor") until January 31.


      -On November 1, 2019, the Court entered a scheduling order, setting: (1) a deadline of November 15 for Debtors to file their disclosure statement and plan; (2) a deadline of January 31 for Debtors to have their disclosure statement approved; and (3) a deadline of April 17 for Debtors to have their plan confirmed.


      -On November 4, 2019, the Court granted Ford Motor Credit Company LLC relief from the automatic stay.


      -On December 12, 2019, the Court extended Debtors’ authorization to use cash collateral, and approved a stipulation for claim treatment between Debtors and Kabbage, Inc.

      -On January 16, 2020, the Court approved Debtors’ disclosure statement.

      -On January 30, 2020, the Court entered three orders: (1) an order extending the deadline for plan confirmation until March 31, 2020; (2) an order extending the deadline to object to the claim of Creditor until February 18, 2020; and (3) an order extending the deadline to object to the claim of Bond Street Servicing, LLC until April 30, 2020.

      -On January 31, 2020, the Court entered an order extending the deadline to object to

      2:00 PM

      CONT...


      Woodcrest Ace Hardware Inc.


      Chapter 11

      the claim of On Deck Capital, Inc. until April 30, 2020.

      -On February 18, 2020, the Court entered an order extending the deadline to object to the claim of Creditor until March 2, 2020.


      -On February 26, 2020, the Court entered an order extending the use of cash collateral until March 31, 2020.


      -On March 3, 2020, the Court approved Debtors’ application to have its objection to the claim of Creditor. heard on twenty-nine days’ notice rather than thirty days.


      On March 6, 2020, Rosenstein & Associates ("Counsel") and Brass Tax Ryder Professional Group, Inc. ("Accountant") filed motions for approval of interim professional fees and expenses. Counsel requests an aggregate of $204,033.12 for services rendered up through December 31, 2019. Accountant requests $11,506.35 for services rendered up through December 31, 2019.


      As a preliminary matter, Local Rule 2016-(1)(a)(2)(A) states, in part:


      In all cases where the employment of more than one professional person has been authorized by the court, a professional person who files an application for interim fees must give other professional persons employed in the case not less than 45 days’ notice of the date and time of the hearing.


      Here, Counsel & Accountant did not comply with the above rule, although there clearly was communication between Counsel and Accountant, and Counsel appears to have drafted and filed Accountant’s fee application.


      The Court has reviewed the application of Accountant and finds the compensation requested to be generally reasonable pursuant to the factors outlined in 11 U.S.C.

      § 330(a). The Court further notices that notice and service appear proper, and the Court has not received any opposition to the requested fees, which the Court deems consent to the relief requested pursuant to Local Rule 9013-1(h).


      Having reviewed Counsel’s application for compensation, however, the Court notes that the manner in which the fee application was prepared significantly hampers the

      2:00 PM

      CONT...


      Woodcrest Ace Hardware Inc.


      Chapter 11

      Court’s ability to review the fees for reasonableness. As an example, the Court will select a single billing entry which exemplifies the difficulty in assessing the fees requested. On November 14, 2019, there is a billing entry for timekeeper JLH in the amount of 1.2 hours that states the following:


      Complete draft of plan and conference with RBR regarding the same; revise draft of plan; e-mails to/from client regarding the same and e- mails to/from counsel for Wildomar landlord regarding amendment to include in plan


      This 1.2 hour time entry is replicated in the billing entries of the billing statements related to each of the five debtors. The Court can conclude, by reviewing a variety of time entries, that time related to tasks relevant to all or multiple of the individual debtors has been evenly assessed against each debtor. Nevertheless, given the length of the billing statements, and the fact that many, but not all, tasks were performed for multiple or all of the debtors, Counsel’s approach of dividing time between the individual debtors, without providing an aggregate billing statement, significantly hampers the Court’s ability to review the billing entries.


      Additionally, the Court notes that the time entry quoted above – as well as many of the time entries submitted -- contains substantial lumping of services provided. While the Court prefers to review time entries entry by entry, in cases where the time entries are voluminous or where an applicant has regularly submitted "lumped" time entries, the Court may review the matter more holistically. See, e.g., In re GSG Group, Inc. 502 B.R. 673, 742-43 (Bankr. S.D.N.Y. 2013) ("Courts have endorsed cutting a professional’s fees by a percentage as a practical means of trimming fat from a fee application, particularly to address problems like lumping, duplication of effort, and vague time entries.") (quotation omitted) (collecting cases); In re Baker, 374 B.R.

      489, 496 (Bankr. E.D.N.Y. 2007) ("Across the board percentage cuts in the fees claimed are routinely utilized so that courts do not misuse their time setting forth item-by-item findings concerning what be countless objections to individual billing items, when the billing records are voluminous, as they are in this dispute.") (quotation omitted) (collecting cases); In re A.W. Logging, Inc., 356 B.R. 506, 518 (Bankr. D. Idaho 2006) ("Because Beeman’s

      2:00 PM

      CONT...


      Woodcrest Ace Hardware Inc.


      Chapter 11

      itemization of services displays a general lack of adequate detail, the Court has determined that an overall reduction, as opposed to an entry-by-entry analysis, best addresses this defect." see also In re Thomas 2012 WL 1008654 (9th Cir. 2012) (approving percentage reduction). Here, because the billing entries provided do not allow for an adequate review of the reasonableness of the fees requested, the Court will either need supplemental evidence allowing for an entry-by-entry review, or can consider the application under a more holistic standard. Given that significant contested matters remaining outstanding, however, the Court does not believe that a holistic review is appropriate at this time.


      Finally, while not an issue throughout the billing statements, the Court notes that the hourly billing rate for the entry quoted above has been increased from the normal $350/hour to $1,108.33/hour.


      The Court is inclined to approve the requested fees and expenses of Accountant in their entirety, and CONTINUE the hearing on the motion to approve the fees and expenses of Counsel for a resolution of the outstanding substantive issues.


      APPEARANCES REQUIRED.

      Party Information

      Debtor(s):

      Woodcrest Ace Hardware Inc. Represented By

      Robert B Rosenstein

      Movant(s):

      Woodcrest Ace Hardware Inc. Represented By

      Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein

      2:00 PM

      6:19-13127


      Woodcrest Ace Hardware Inc.


      Chapter 11


      #24.00 Motion for Extension of Time to Have Plan of Reorganization Confirmed Also #20 - #30

      EH     


      Docket 291


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Woodcrest Ace Hardware Inc. Represented By

      Robert B Rosenstein

      Movant(s):

      Woodcrest Ace Hardware Inc. Represented By

      Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein

      2:00 PM

      6:19-13127


      Woodcrest Ace Hardware Inc.


      Chapter 11


      #25.00 Confirmation of Chapter 11 Plan


      Also #20 - #30


      EH     


      Docket 204


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Woodcrest Ace Hardware Inc. Represented By

      Robert B Rosenstein

      2:00 PM

      6:19-13127


      Woodcrest Ace Hardware Inc.


      Chapter 11


      #26.00 (Jointly Administered - LEAD CASE)

      CONT Order (1) Setting Scheduling Hearing And Case Management Conference And (2) Requiring Status Report


      From: 5/21/19, 7/30/19, 10/29/19, 1/28/20, 2/25/20 Also #20 - #30

      EH     


      Docket 2


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Woodcrest Ace Hardware Inc. Represented By

      Robert B Rosenstein

      2:00 PM

      6:19-13127


      Woodcrest Ace Hardware Inc.


      Chapter 11


      #27.00 (Jointly Administered with Riverside Ace Hardware Inc)

      CONT Order (1) Setting Scheduling Hearing And Case Management Conference And (2) Requiring Status Report


      From: 5/21/19, 7/30/19, 10/29/19, 1/28/20, 2/25/20 Also #20 - #30

      EH     


      Docket 2


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Woodcrest Ace Hardware Inc. Represented By

      Robert B Rosenstein

      2:00 PM

      6:19-13127


      Woodcrest Ace Hardware Inc.


      Chapter 11


      #28.00 (Jointly Administered with Wildomar Ace Hardware Inc)

      CONT Order (1) Setting Scheduling Hearing And Case Management Conference And (2) Requiring Status Report


      From: 5/21/19, 7/30/19, 10/29/19, 1/28/20, 2/25/20 Also #20 - #30

      EH     


      Docket 2


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Woodcrest Ace Hardware Inc. Represented By

      Robert B Rosenstein

      2:00 PM

      6:19-13127


      Woodcrest Ace Hardware Inc.


      Chapter 11


      #29.00 (Jointly Administered with 9 Fingers Inc)

      CONT Order (1) Setting Scheduling Hearing And Case Management Conference And (2) Requiring Status Report


      From: 5/21/19, 7/30/19, 10/29/19, 1/28/20, 2/25/20 Also #20 - #30

      EH     


      Docket 2


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Woodcrest Ace Hardware Inc. Represented By

      Robert B Rosenstein

      2:00 PM

      6:19-13127


      Woodcrest Ace Hardware Inc.


      Chapter 11


      #30.00 (Jointly Administered with P&P Hardware Inc)

      CONT Order (1) Setting Scheduling Hearing And Case Management Conference And (2) Requiring Status Report


      From: 5/21/19, 7/30/19, 10/29/19, 1/28/20, 2/25/20 Also #20 - #29

      EH     


      Docket 2


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Woodcrest Ace Hardware Inc. Represented By

      Robert B Rosenstein

      10:00 AM

      6:20-10204


      Florencio Secundino Salazar and Teresa Valles


      Chapter 7


      #1.00 Pro se Reaffirmation Agreement Between Debtor and LBS Financial Credit Union re 2018 Nissan Pathfinder


      EH     


      Docket 12


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Florencio Secundino Salazar Represented By Marlin Branstetter

      Joint Debtor(s):

      Teresa Valles Represented By Marlin Branstetter

      Trustee(s):

      Charles W Daff (TR) Pro Se

      10:00 AM

      6:20-10099


      Patricia Giselle Caro


      Chapter 7


      #2.00 Pro se Reaffirmation Agreement Between Debtor and Mission Federal Credit Union re 2018 Toyota Prius


      EH         


      Docket 18

      *** VACATED *** REASON: CASE DISMISSED 3/3/20

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Patricia Giselle Caro Represented By Daniel Gamez

      Trustee(s):

      Charles W Daff (TR) Pro Se

      10:00 AM

      6:19-20971


      Jose Antonio Pulido Gutierrez


      Chapter 7


      #3.00 Reaffirmation Agreement Between Debtor and San Diego County Credit Union re 2015 Volkswagen


      EH     


      Docket 11

      *** VACATED *** REASON: AMENDED REAFFIRMATION AGREEMENT FILED 3/11/20 WITH ATTORNEY SIGNATURE

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Jose Antonio Pulido Gutierrez Represented By Melissa A Raskey

      Trustee(s):

      Robert Whitmore (TR) Pro Se

      10:00 AM

      6:18-16257


      Jorge Luis Puerto and Diana Lazara Puerto


      Chapter 7


      #4.00 Reaffirmation Agreement Between Debtor and Wells Fargo Auto re 2009 Dodge Caliber-4 cyl


      EH     


      Docket 34


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Jorge Luis Puerto Represented By Michael E Clark

      Joint Debtor(s):

      Diana Lazara Puerto Represented By Michael E Clark

      Trustee(s):

      Charles W Daff (TR) Pro Se

      11:00 AM

      6:13-22713


      Abel Solorzano and Irma Solorzano


      Chapter 7


      #5.00 Trustee's Final Report and Applications for Compensation EH         

      Docket 464


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Abel Solorzano Represented By Byron Z Moldo Howard Camhi

      Joint Debtor(s):

      Irma Solorzano Represented By Byron Z Moldo Howard Camhi

      Trustee(s):

      Howard B Grobstein (TR) Represented By Ivan L Kallick

      11:00 AM

      6:17-11512


      Katiria Enriquez


      Chapter 7


      #6.00 Trustee's Final Report and Applications for Compensation EH     

      Docket 61


      Tentative Ruling:

      4/1/2020

      No opposition has been filed. Service was Proper.


      The applications for compensation of the Trustee has been set for hearing on the notice required by LBR 2016-1. Pursuant to the Trustee's Final Report, the Court is inclined to APPROVE the following administrative expenses:


      Trustee Fees: $ 1,950.00


      APPEARANCES WAIVED. If written or oral opposition is presented at the hearing, the hearing may be continued. Trustee to lodge order within 7 days.

      Party Information

      Debtor(s):

      Katiria Enriquez Represented By

      Phillip Myer - SUSPENDED -

      Trustee(s):

      Howard B Grobstein (TR) Pro Se

      11:00 AM

      6:18-19080


      Marco Vicente Perez and Anna Nicole Perez


      Chapter 7


      #7.00 Trustee's Final Report and Applications for Compensation EH         

      Docket 31


      Tentative Ruling:

      4/1/2020

      No opposition has been filed. Service was Proper.


      The application for compensation of the Trustee has been set for hearing on the notice required by LBR 2016-1. Pursuant to the Trustee's Final Report, the Court is inclined to APPROVE the following administrative expenses:


      Trustee Fees: $ 1,748.36


      APPEARANCES WAIVED. If written or oral opposition is presented at the hearing, the hearing may be continued. Trustee to lodge order within 7 days.

      Party Information

      Debtor(s):

      Marco Vicente Perez Represented By Jonathan R Preston

      Joint Debtor(s):

      Anna Nicole Perez Represented By Jonathan R Preston

      Trustee(s):

      Howard B Grobstein (TR) Pro Se

      11:00 AM

      6:19-15348


      Bryan Lee Tendal Duke and Gary Thomas Hackett


      Chapter 7


      #8.00 Trustee's Final Report and Applications for Compensation EH         

      Docket 24


      Tentative Ruling:

      4/1/2020

      No opposition has been filed. Service was Proper.


      The application for compensation of the Trustee has been set for hearing on the notice required by LBR 2016-1. Pursuant to the Trustee's Final Report, the Court is inclined to APPROVE the following administrative expenses:


      Trustee Fees: $ 1,820.00 Trustee Expenses: $ 132.65


      APPEARANCES WAIVED. If written or oral opposition is presented at the hearing, the hearing may be continued. Trustee to lodge order within 7 days.

      Party Information

      Debtor(s):

      Bryan Lee Tendal Duke Represented By

      H. Christopher Heritage

      Joint Debtor(s):

      Gary Thomas Hackett Represented By

      H. Christopher Heritage

      Trustee(s):

      Todd A. Frealy (TR) Pro Se

      11:00 AM

      6:19-20736


      Ramesses F. Alamillo


      Chapter 7


      #9.00 Motion for extension of time to file a complaint objecting to discharge for Chapter 7 Trustee or United States Trustee


      EH     


      Docket 13

      Tentative Ruling:

      4/1/2020

      BACKGROUND

      On December 10, 2019, Ramesses Alamillo ("Debtor") filed a Chapter 7 voluntary petition. On March 4, 2020, Trustee filed a motion for extension of time to file a complaint objecting to discharge. The basis for Trustee’s motion is that Trustee received an anonymous e-mail stating that "Debtor may have been hiding assets located at different storage locations. On February 28, 2020, Trustee withdrew the report of no-assets, and is now requesting a three-month extension of the deadline to object to discharge.

      DISCUSSION

      FED. R. BANKR. P. Rule 4004(a) states:

      In a chapter 7 case, a complaint, or a motion under § 727(a)(8) or (9) of the Code, objecting to the debtor’s discharge shall be filed no later than 60 days after the first date set for the meeting of creditors under § 341(a). In a

      11:00 AM

      CONT... Ramesses F. Alamillo Chapter 7

      chapter 11 case, the complaint shall be filed no later than the first date set

      for the hearing on confirmation. In a chapter 13 case, a motion objecting to the debtor’s discharge under § 1328(f) shall be filed no later than 60 days after the first date set for the meeting of creditors under § 341(a). At least 28 days’ notice of the time so fixed shall be given to the United States trustee and all creditors as provided in Rule 2002(f) and (k) and to the trustee and the trustee’s attorney.


      And FED. R. BANKR. P. Rule 4004(b) states:


      1. On motion of any party in interest, after notice and hearing, the court may for cause extend the time to object to discharge. Except as provided in subdivision (b)(2), the motion shall be filed before the time has expired.

      2. A motion to extent the time to object to discharge may be filed after the time for objection has expired and before discharge is granted if (A) the objection is based on facts that, if learned after the discharge, would provide a basis for revocation under § 727(d) of the Code, and (B) the movant did not have knowledge of those facts in time to permit an objection. The motion shall be filed promptly after the movant discovers the facts on which the objection is based.


      Here, Trustee received certain information -- evidence that Debtor may have been hiding assets -- after the meeting of creditors had been conducted and only a short period of time before the deadline to object to discharge. Because Trustee did not have sufficient time between the receipt of this information and the deadline to object to discharge to adequately investigate the issue, cause exists to extend the deadline. See, e.g., Hill v. Snyder, 919 F.3d 1081 (8th Cir. 2019).


      Moreover, the Court deems Debtor’s failure to oppose to be consent to the relief requested pursuant to Local Rule 9013-1(h).


      TENTATIVE RULING

      11:00 AM

      CONT...


      Ramesses F. Alamillo


      Chapter 7


      The Court is inclined to GRANT the motion, extending the deadline to object to Debtor’s discharge until June 16, 2020.


      APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


      Party Information

      Debtor(s):

      Ramesses F. Alamillo Represented By William E Windham

      Movant(s):

      Larry D Simons (TR) Pro Se

      Trustee(s):

      Larry D Simons (TR) Pro Se

      11:00 AM

      6:19-20295


      Hasan Elmehrek and Nagla Swedan


      Chapter 7


      #10.00 Motion for extension of time to file a complaint objecting to discharge EH     

      Docket 20

      Tentative Ruling:

      4/1/2020

      BACKGROUND


      On November 22, 2019, Hasan Elmehrek & Nagla Swedan ("Debtors") filed a Chapter 7 voluntary petition. The meeting of creditors was originally set for December 23, 2019. The meeting of creditors has been continued on five occasions.


      On February 20, 2020, UST filed a motion for extension of time to file a complaint objecting to discharge or a motion to dismiss the case. The basis for UST’s motion is that, at the second meeting of creditors, Debtors testified that approximately three months before filing bankruptcy, they "received" a $50,000 deposit into an Egyptian bank account. UST asserts that it subsequently requested financial documentation from Debtors, but Debtors have not adequately responded to the request and did not appear at a continued meeting of creditors.


      DISCUSSION



      FED. R. BANKR. P. Rule 1017(e)(1) states:

      11:00 AM

      CONT...


      Hasan Elmehrek and Nagla Swedan


      Chapter 7


      Except as otherwise provided in § 704(b)(2), a motion to dismiss a case for abuse under § 707(b) or (c) may be filed only within 60 days after the first date set for the meeting of creditors under § 341(a), unless, on request filed before the time has expired, the court for cause extends the time for filing the motion to dismiss.


      FED. R. BANKR. P. Rule 4004(a) states:


      In a chapter 7 case, a complaint, or a motion under § 727(a)(8) or (9) of the Code, objecting to the debtor’s discharge shall be filed no later than 60 days after the first date set for the meeting of creditors under § 341(a). In a chapter 11 case, the complaint shall be filed no later than the first date set for the hearing on confirmation. In a chapter 13 case, a motion objecting to the debtor’s discharge under § 1328(f) shall be filed no later than 60 days after the first date set for the meeting of creditors under § 341(a). At least 28 days’ notice of the time so fixed shall be given to the United States trustee and all creditors as provided in Rule 2002(f) and (k) and to the trustee and the trustee’s attorney.


      And FED. R. BANKR. P. Rule 4004(b) states:


      1. On motion of any party in interest, after notice and hearing, the court may for cause extend the time to object to discharge. Except as provided in subdivision (b)(2), the motion shall be filed before the time has expired.

      2. A motion to extent the time to object to discharge may be filed after the time for objection has expired and before discharge is granted if

        1. the objection is based on facts that, if learned after the discharge, would provide a basis for revocation under § 727(d) of the Code, and

        2. the movant did not have knowledge of those facts in time to permit an objection. The motion shall be filed promptly after the movant

          11:00 AM

          CONT...


          Hasan Elmehrek and Nagla Swedan

          discovers the facts on which the objection is based.


          Chapter 7



          Here, Debtor’s delay in providing the requested information constitutes sufficient cause to extend the deadlines. See COLLIER ON BANKRUPTCY ¶ 4004.03[2] (16th ed. 2013) ("A debtor’s delays in responding to discovery may be sufficient cause.

          Obviously, a delay in the meeting of creditors to a date close to or after the deadline may constitute such cause.") (citing In re McCormack, 244 B.R. 203 (Bankr. D. Conn. 2000)).


          Moreover, Debtor’s failure to oppose may be deemed consent to the relief requested pursuant to Local Rule 9013-1(h).


          TENTATIVE RULING



          The Court is inclined to GRANT the motion, extending the deadlines to file a motion to dismiss the case and a complaint objecting to discharge until April 30, 2020.


          APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

          Party Information

          Debtor(s):

          Hasan Elmehrek Represented By Keith Q Nguyen

          Joint Debtor(s):

          Nagla Swedan Represented By Keith Q Nguyen

          Movant(s):

          United States Trustee (RS) Represented By Everett L Green

          11:00 AM

          CONT...

          Trustee(s):


          Hasan Elmehrek and Nagla Swedan


          Chapter 7

          Charles W Daff (TR) Pro Se

          11:00 AM

          6:19-10556


          Timothy Mark Aitken and Esmeralda Aitken


          Chapter 7


          #11.00 Motion to Extend Deadline for Chapter 7 Trustee to Object to Debtors' Exemptions


          EH         


          Docket 44

          Tentative Ruling:

          4/1/2020

          BACKGROUND


          On January 23, 2019, Timothy & Esmeralda Aitken ("Debtors") filed a Chapter 7 voluntary petition. On May 1, 2019, Debtors filed, inter alia, an amended Schedule C that included an exemption in "[e]quity in real property at 6919 Elmwood Rd., San Bernardino transferred in 2017" in the amount of $28,000.


          The meeting of creditors has been continued on twelve occasions. On March 3, 2020, Trustee filed a complaint against Alicia Aitken to recover a fraudulent transfer.

          Trustee asserts that it believes, if the transfer is avoided, that it can object to Debtors’ claim of exemption pursuant to 11 U.S.C. § 522(g)


          DISCUSSION



          FED. R. BANKR. P. Rule 4003(b)(1) states:

          11:00 AM

          CONT...


          Timothy Mark Aitken and Esmeralda Aitken

          Except as provided in paragraphs (2) and (3), a party in interest may file an objection to the list of property claim as exempt within 30 days after the meeting of creditors held under § 341(a) is concluded or within 30 days after any amendment to the list or supplemental schedules is filed, whichever is later. The court may, for cause, extend the time for filing objections if, before the time to object expires, a party in interest filed a request for an extension.


          Chapter 7



          Here, the meeting of creditors has not yet concluded and, therefore, the deadline to object to a claimed exemption has not yet passed and Trustee’s motion is timely. The Court has reviewed the contents of Trustee’s motion and finds that Trustee’s has demonstrated sufficient cause to extend the deadline to object to Debtors’ claimed exemptions.


          Furthermore, the Court notes that § 522(b) allows a debtor to claim exemptions in "property of the estate." 11 U.S.C. § 541(a)(3) provides that property of the estate includes: "[a]ny interest in property that the trustee recovers under section 329(b), 363(n), 543, 550, 553, or 723 of this title." Therefore, until or unless Trustee recovers the subject property/equity, that interest would not be property of the estate and could not be exempted by Debtors. As a result, the Court notes that Debtors’ claimed exemption was premature and the effective date of that exemption is not the date it was claimed. See, e.g., In re Kuhnel, 495 F.3d 1177, 1182 (10th Cir. 2007) ("[T]he nature of § 522(g) is such that it precludes exemptions in recovered property even beyond the time limit imposed by Rule 4003(b)."); see also In re Lee, 889 F.3d 639 (9th Cir. 2018) (fraudulent transfer complaint sufficient to satisfy Rule 4003 deadline).


          Finally, the Court deems Debtor’s failure to oppose to be consent to the relief requested pursuant to Local Rule 9013-1(h).


          TENTATIVE RULING

          11:00 AM

          CONT...


          Timothy Mark Aitken and Esmeralda Aitken


          Chapter 7


          The Court is inclined to GRANT the motion, extending the deadline to object to Debtor’s claimed until the later of October 3, 2020, or thirty days after entry of an order or judgment avoiding the subject transfer.


          APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


          Party Information

          Debtor(s):

          Timothy Mark Aitken Pro Se

          Joint Debtor(s):

          Esmeralda Aitken Pro Se

          Movant(s):

          Howard B Grobstein (TR) Represented By Larry D Simons

          Trustee(s):

          Howard B Grobstein (TR) Represented By Larry D Simons

          11:00 AM

          6:19-10513


          Blanca Aguirre


          Chapter 7


          #12.00 Motion to compel trustee to abandon interest in property of estate EH         

          Docket 41


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Blanca Aguirre Pro Se

          Movant(s):

          Blanca Aguirre Pro Se

          Trustee(s):

          Howard B Grobstein (TR) Represented By Noreen A Madoyan Kevin T Lafky

          11:00 AM

          6:18-10074


          Charlie W Parker


          Chapter 7


          #13.00 Motion For (1) Sale Of Real Property Subject To Overbid; (2) Authorizing Sale Fee And Clear Of Liens And Interests; (3) Authorizing Release Of Funds From Escrow; And (4) Approving Payment Of Real Estate Commissions


          EH     


          Docket 75

          Tentative Ruling:

          4/1/2020

          BACKGROUND


          On January 5, 2018, Charlie Parker ("Debtor") filed a Chapter 7 voluntary petition. Schedule A identified certain real property located at 26918 Cape Kasilof Cir., Kasiloff, AK 99610 (the "Property"). Schedule A identified the value of the Property as $300,000, and appears to identify Debtor as the 50% owner of the Property.

          Schedule C purported to exempt the Property in full. On February 13, 2018, Debtor amended his claimed exemption in the Property, decreasing the claimed exemption from $103,000 to $0. On April 16, 2018, Debtor received a discharge. On July 18, 2018, Debtor amended his schedules again, indicating that his interest was as a tenant in common; the Schedule C filed on this date does not contain any mention of any real property exemption.


          On March 11, 2020, Trustee filed a motion for an order: (1) approving sale of real property, subject to overbids; (2) authorizing sale free and clear of liens and interests;

      3. authorizing release of funds from escrow; and (4) approving payment of real estate commissions. Trustee proposes to sell the property to Brett Tuohy & Vito Ungaro (the "Purchasers") for $175,000. Proposed payments from the proceeds include: (1)

      $10,500 for real estate commission; (2) $3,500 for escrow charges and fees; (3)

      $120,000 for secured claim of Wells Fargo (4) $10,774.38 for property taxes; (5)

      11:00 AM

      CONT...


      Charlie W Parker


      Chapter 7

      $3,435.50 for insurance; and (6) $13,395.06 to co-owner (Debtor’s ex-wife), leaving

      $13,395.06 for the bankruptcy estate.


      DISCUSSION



      1. Sale of Estate Property


        11 U.S.C. § 363(b)(1) allows a trustee to sell property of the estate outside of the ordinary course, after notice and a hearing. A sale pursuant to § 363(b) requires a demonstration that the sale has a valid business justification. In re 240 North Brand Parners, Ltd., 200 B.R. 653, 659 (B.A.P. 9th Cir. 1996). "In approving any sale outside the ordinary course of business, the court must not only articulate a sufficient business reason for the sale, it must further find it is in the best interest of the estate,

        i.e. it is fair and reasonable, that it has been given adequate marketing, that it has been negotiated and proposed in good faith, that the purchaser is proceeding in good faith, and that it is an "arms-length" transaction." In re Wilde Horse Enters., Inc., 136 B.R. 830, 841 (Bankr. C.D. Cal.).


        The motion contains some evidence of the Property’s marketing, in the form of a declaration of a real estate salesperson, although said declaration does not contain much detail. The Court notes the following three issues related to the § 363(b)(1) standard:


        1. Debtor scheduled the Property at $300,000, however, the proposed sale is for

          $175,000 a significant lower figure. The evidence submitted in support of the motion is somewhat vague regarding the extent and nature of the attempted marketing of the Property.


        2. While the motion indicates that the sale will generate $13,395.06 in proceeds for the estate, it would appear that such proceeds are likely to be entirely used for administrative claims. While this Court does approve sales that do not generate any divided for unsecured creditors in the appropriate circumstances,

          11:00 AM

          CONT...


          Charlie W Parker

          the Court further notes the final issue:

        3. Given the previous sale of real property in December 2018, which generated

        $26,977.79, and the compromise reached with Debtor’s ex-spouse in January 2019, which generated $35,677, and noting that unsecured claims in this case


        Chapter 7

        appear to total $40,080.12, it would appear that Trustee’s pursuit of the instant sale may have actually resulted in a decrease in divided for unsecured creditors. The Court is unable to ascertain the timeline of the steps that resulted in this sale, however, due to the vagueness of the evidence regarding the marketing of the Property.


        The Court additionally notes that while Trustee has not requested authority to sell an interest of a co-owner, the co-owner here has filed a declaration consenting to the proposed sale. Finally, while not at issue at the present time, the Court notes that it typically does not allow trustees to collect commission on amounts distributed by a trustee, but attributable to an interest of a co-owner.


      2. Sale Free & Clear of Liens


        11 U.S.C. § 363(f) (2010) states:


        1. The trustee may sell property under subsection (b) or (c) of this section free and clear of any interest in such property of an entity other than the estate, only if-


          1. applicable nonbankruptcy law permits sale of such property free and clear of such interest;

          2. such entity consents;

          3. such interest is a lien and the price at which such property is to be sold is greater than the aggregate value of all liens on such property;

            11:00 AM

            CONT...


            Charlie W Parker

          4. such interest is in bona fide dispute; or

          5. such entity could be compelled, in a legal or equitable proceeding, to accept a money satisfaction of such interest.


        Chapter 7



        Here, the sale price exceeds the aggregate value of the liens encumbering the Property and, therefore, § 363(f)(3) permits Trustee to sell the Property free and clear of liens.


      3. 14-Day Stay


        FED. R. BANKR. P. Rule 6004(h) states: "An order authorizing the use, sale, or lease of property other than cash collateral is stayed until the expiration of 14 days after entry of the order, unless the court orders otherwise." The Court deems the absence of objections to be consent to the relief requested, pursuant to Local Rule 9013-(1)(h), and, therefore, will waive the stay of Rule 6004(h).


      4. Miscellaneous Provisions


      The Court has reviewed the remainder of Trustee’s miscellaneous requests. The Court has reviewed the proposed overbidding procedures and finds such procedures to be reasonable. The Court has reviewed the requested Broker compensation of 6% of the sale price (totaling $10,500) and finds such compensation to be reasonable and customary.


      Finally, the Court has reviewed the declarations of the Purchasers, and finds the declarations sufficient for a determination that the Purchasers are good faith purchasers pursuant to 11 U.S.C. § 363 (m).

      11:00 AM

      CONT...


      Charlie W Parker


      Chapter 7

      TENTATIVE RULING



      Trustee to address the issues raised in the first subsection of the discussion section.


      APPEARANCES REQUIRED.


      Party Information

      Debtor(s):

      Charlie W Parker Represented By David J Workman

      Movant(s):

      Todd A. Frealy (TR) Represented By Toan B Chung

      Roquemore Pringle & Moore Inc

      Trustee(s):

      Todd A. Frealy (TR) Represented By Toan B Chung

      Roquemore Pringle & Moore Inc

      12:00 PM

      6:20-12518


      Savannah Marie Guadalupe Flores


      Chapter 7


      #13.10 Hearing re Fee waiver


      EH     


      Docket 0


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Savannah Marie Guadalupe Flores Pro Se

      Trustee(s):

      Larry D Simons (TR) Pro Se

      2:00 PM

      6:19-19680


      Andrea Linda Santean-Whippie


      Chapter 7

      Adv#: 6:20-01013 Iwanowski et al v. Santean-Whippie


      #14.00 Status Conference RE: [1] Adversary case 6:20-ap-01013. Complaint by Kirk Iwanowski, Jacqueline Katz against Andrea Linda Santean-Whippie. false pretenses, false representation, actual fraud)),(41 (Objection / revocation of discharge - 727(c),(d),(e))) (Shaw, Summer)


      EH     


      Docket 1

      *** VACATED *** REASON: CASE DISMISSED 3/20/20

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Andrea Linda Santean-Whippie Pro Se

      Defendant(s):

      Andrea Linda Santean-Whippie Pro Se

      Plaintiff(s):

      Kirk Iwanowski Represented By Summer M Shaw

      Jacqueline Katz Represented By Summer M Shaw

      Trustee(s):

      Howard B Grobstein (TR) Pro Se

      2:00 PM

      6:19-19337


      Marc Anthony Capoccia


      Chapter 7

      Adv#: 6:20-01012 Canyon Springs Enterprises dba RSH Construction Se v. Capoccia


      #15.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01012. Complaint by Canyon Springs Enterprises dba RSH Construction Services, a California corporation against Marc Anthony Capoccia. 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)) (Schlecter, Daren)


      From: 3/25/20 EH     

      Docket 1


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Marc Anthony Capoccia Represented By Douglas A Crowder

      Defendant(s):

      Marc Anthony Capoccia Pro Se

      Plaintiff(s):

      Canyon Springs Enterprises dba Represented By

      David P Berschauer Daren M Schlecter

      Trustee(s):

      Larry D Simons (TR) Pro Se

      2:00 PM

      6:19-18136


      Arlene M Malkin


      Chapter 7

      Adv#: 6:19-01174 Navarro v. Malkin


      #16.00 CONT Status Conference RE: [1] Adversary case 6:19-ap-01174. Complaint by Norma Navarro against Arlene Malkin . (d),(e))) ,(62 (Dischargeability - 523(a) (2), 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))


      From: 3/4/20 EH     

      Docket 1

      *** VACATED *** REASON: CASE DISMISSED 3/10/20

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Arlene M Malkin Represented By Summer M Shaw

      Defendant(s):

      Arlene Malkin Represented By Summer M Shaw

      Plaintiff(s):

      Norma Navarro Represented By Shalini Dogra

      Trustee(s):

      Arturo Cisneros (TR) Pro Se

      2:00 PM

      6:17-18295


      Eastern Legends CW


      Chapter 7

      Adv#: 6:18-01227 Anderson, Chapter 7 Trustee v. Wang et al


      #17.00 CONT Status Conference RE: [13] Amended Complaint Karl T. Anderson, Chapter 7 Trustee's First Amended Complaint; with Proof of Service by Thomas J Polis on behalf of Karl T. Anderson, Chapter 7 Trustee against LiLi Chang, JWLC Imports, Inc., Ming Chung Wang. (RE: related document(s)1 Adversary case 6:18-ap-01227. Complaint by Karl T. Anderson, Chapter 7 Trustee against Ming Chung Wang. (Charge To Estate - $350.00). 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)) (Polis, Thomas) Modified on 11/19/2018. filed by Plaintiff Karl T. Anderson, Chapter 7 Trustee). (Attachments: # 1 Exhibit A # 2 Exhibit B # 3 Exhibit C # 4 Exhibit D) (Polis, Thomas)


      From: 9/18/19, 12/11/19, 3/25/20 EH         

      Docket 13


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Eastern Legends CW Represented By Lawrence B Yang

      Defendant(s):

      Ming Chung Wang Pro Se

      LiLi Chang Represented By

      Lawrence B Yang

      JWLC Imports, Inc. Pro Se

      2:00 PM

      CONT...


      Eastern Legends CW


      Chapter 7

      Plaintiff(s):

      Karl T. Anderson, Chapter 7 Trustee Represented By

      Thomas J Polis

      Trustee(s):

      Karl T Anderson (TR) Represented By Thomas J Polis

      2:00 PM

      6:17-18295


      Eastern Legends CW


      Chapter 7

      Adv#: 6:18-01222 Anderson, Chapter 7 Trustee v. Bobby Lee Associates, LLC


      #18.00 CONT Status Conference RE: [1] Adversary case 6:18-ap-01222. Complaint by Karl T. Anderson, Chapter 7 Trustee against Bobby Lee Associates, LLC. (Charge To Estate). Nature of Suit: (11 (Recovery of money/property - 542 turnover of property)),(14 (Recovery of money/property - other)),(13 (Recovery of money/property - 548 fraudulent transfer)) (Polis, Thomas)


      From: 1/16/19, 4/17/19, 6/12/19, 9/18/19, 10/2/19, 12/11/19, 3/25/20


      EH     


      Docket 1


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Eastern Legends CW Represented By Lawrence B Yang

      Defendant(s):

      Bobby Lee Associates, LLC Represented By Keith S Knochel

      Plaintiff(s):

      Karl T. Anderson, Chapter 7 Trustee Represented By

      Thomas J Polis

      Trustee(s):

      Karl T Anderson (TR) Represented By Thomas J Polis

      2:00 PM

      6:15-14230


      Home Security Stores, Inc.


      Chapter 7

      Adv#: 6:18-01213 Pringle v. JPMorgan Chase Bank, National Association dba Chas


      #19.00 CONT Status Conference RE: [1] Adversary case 6:18-ap-01213. Complaint by John Pringle against JPMorgan Chase Bank, National Association dba Chase Bank, Chase Bank USA, National Association. (Charge To Estate - $350.00).

      Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)) From: 1/9/19, 3/13/19, 6/5/19, 9/4/19, 11/6/19

      EH     


      Docket 1


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Home Security Stores, Inc. Represented By Winfield S Payne III

      Defendant(s):

      JPMorgan Chase Bank, National Represented By

      Christopher O Rivas

      Chase Bank USA, National Represented By Christopher O Rivas

      Plaintiff(s):

      John Pringle Represented By

      Robert P Goe

      Trustee(s):

      John P Pringle (TR) Represented By Robert P Goe Charity J Manee

      2:00 PM

      CONT...


      Home Security Stores, Inc.


      Chapter 7

      2:00 PM

      6:18-17663


      Stephen Richard Morales


      Chapter 7

      Adv#: 6:18-01242 Forniss et al v. Morales et al


      #20.00 CONT Status Conference RE: [1] Adversary case 6:18-ap-01242. Complaint by Steven John Forniss against Stephan Richard Morales, Diane Forniss Morales, Todd Turoci. 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)) (Firman, Fritz)


      From: 3/6/19, 3/13/19, 5/22/19, 8/28/19, 12/4/19, 12/18/19, 1/8/20, 3/11/20


      EH     


      Docket 1


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Stephen Richard Morales Represented By Todd L Turoci

      Defendant(s):

      Stephan Richard Morales Pro Se

      Diane Forniss Morales Pro Se

      Joint Debtor(s):

      Diane Forniss Morales Represented By Todd L Turoci

      Plaintiff(s):

      Alfonso Forniss Represented By Fritz J Firman

      Stephen Forniss Represented By

      2:00 PM

      CONT...


      Trustee(s):


      Stephen Richard Morales


      Fritz J Firman


      Chapter 7

      Karl T Anderson (TR) Pro Se

      2:00 PM

      6:18-10939


      Vance Zachary Johnson


      Chapter 7

      Adv#: 6:18-01106 Bankers Healthcare Group, LLC v. Johnson


      #21.00 CONT Status Conference RE: [1] Adversary case 6:18-ap-01106. Complaint by Bankers Healthcare Group, LLC against Vance Zachary Johnson. 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))


      From: 7/10/18, 2/20/19, 4/24/19, 7/3/19, 7/17/19, 8/21/19, 11/20/19, 1/29/20, 3/25/20


      EH         


      Docket 1


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Vance Zachary Johnson Represented By Robert P Goe

      Defendant(s):

      Vance Zachary Johnson Represented By Robert P Goe Stephen Reider

      Plaintiff(s):

      Bankers Healthcare Group, LLC Represented By

      Todd L Turoci

      Trustee(s):

      Todd A. Frealy (TR) Represented By Monica Y Kim

      2:00 PM

      6:17-15816


      Integrated Wealth Management Inc


      Chapter 11

      Adv#: 6:19-01100 Issa v. Delaney et al


      #22.00 CONT Status Conference RE: [1] Adversary case 6:19-ap-01100 Complaint by

      J. Michael Issa against Ryan Delaney, John Wong, DOES 1 through 10, inclusive. (Charge To Estate)($350.00) for: 1) Breach of Fiduciary Duty; and Negligence [Demand for Jury Trial] Nature of Suit: (14 (Recovery of money/property - other)) (Ignatuk, Joseph)


      From: 9/17/19, 10/15/19, 2/4/20, 3/10/20 EH         

      Docket 1

      *** VACATED *** REASON: ORDER DISMISSING CASE FILED 3/31/20

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Integrated Wealth Management Inc Represented By

      Andrew B Levin Robert E Opera Jim D Bauch

      Defendant(s):

      Ryan Delaney Represented By Paul A Reynolds

      John Wong Represented By

      David P Bleistein Lisa Hiraide

      Plaintiff(s):

      J. Michael Issa Represented By Joseph R Ignatuk

      2:00 PM

      CONT...


      Integrated Wealth Management Inc


      Chapter 11

      2:00 PM

      6:17-10724


      Bausman and Company Incorporated


      Chapter 7

      Adv#: 6:19-01122 Whitmore v. Labor Commissioner of the State of California


      #23.00 CONT Status Conference RE: [1] Adversary case 6:19-ap-01122. Complaint by Robert S. Whitmore against Labor Commissioner of the State of California. (Charge To Estate $350.00). Complaint to Avoid Preferential Transfer Pursuant to 11 U.S.C. § 547 (Attachments: # 1 Adversary Cover Sheet) Nature of Suit: (12 (Recovery of money/property - 547 preference)) (Djang, Caroline)


      From: 11/6/19, 1/15/20, 3/25/20 EH     

      Docket 1

      *** VACATED *** REASON: CONTINUED TO 5/27/20 AT 2:00 P.M.

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Bausman and Company Incorporated Represented By

      William A Smelko

      Defendant(s):

      Labor Commissioner of the State of Represented By

      Melvin Yee

      Plaintiff(s):

      Robert S. Whitmore Represented By Caroline Djang

      Trustee(s):

      Robert Whitmore (TR) Represented By

      Best Best & Krieger Caroline Djang

      2:00 PM

      6:19-10279


      Thomas Mount


      Chapter 7

      Adv#: 6:19-01050 Baker et al v. Mount


      #24.00 Motion for Terminating Sanctions and Award of Attorney's Fees and Costs EH     

      Docket 51


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Thomas Mount Represented By Christopher Hewitt

      Defendant(s):

      Thomas Mount Represented By Donald W Reid

      Movant(s):

      Thomas Mount Represented By Donald W Reid

      Plaintiff(s):

      Jonathan Baker Represented By Baruch C Cohen

      Baker Entertainment Group Represented By Baruch C Cohen

      Trustee(s):

      Charles W Daff (TR) Pro Se

      2:00 PM

      6:19-16505


      Jesse Joseph Shelby


      Chapter 7

      Adv#: 6:19-01126 Shelby v. SOFI LENDING CORP.


      #25.00 Motion for Default Judgment Also #26

      EH     


      Docket 28

      Tentative Ruling:

      4/1/2020

      BACKGROUND


      On July 25, 2019, Jesse & Tina Shelby ("Debtors") filed a Chapter 7 voluntary petition.


      On September 20, 2019, Jesse Shelby ("Plaintiff") filed a complaint against Sofi Lending Corp. seeking discharge of student loans pursuant to 11 U.S.C. § 523(a)(8). On November 6, 2019, default was entered against Defendant. On November 11, 2019, Plaintiff filed a motion for default judgment, but subsequently withdrew the motion. On November 21, 2019, Plaintiff filed an amended complaint. On January 7, 2020, the Court entered default on Plaintiff’s amended complaint. On March 9, 2020, Plaintiff filed the instant motion for default judgment.


      Plaintiff’s complaint relates to student loans taken out to pay for the education of his children. Between September 2004 and June 2020, Plaintiff borrowed $292,398 in Parent Plus Education Loans covering three different children. Plaintiff subsequently refinanced the loans with Defendant in 2018. Pursuant to the declaration of Plaintiff,

      2:00 PM

      CONT...


      Jesse Joseph Shelby


      Chapter 7

      Plaintiff paid a total of $167,725.84 towards the student loans between 2014 and March 2019. In March 2019, Plaintiff was hospitalized and diagnosed with "anxiety and depression with psychotic features," retired from his jobs and stopped making student loans payments.


      Prior to March 2019, Debtors ran two business – Windowwashers, LLC and Lightborne & Riverwick, LLC. Debtors appear to state that the income from those two businesses, combined with retirement income, used to total $180,000 a year. At the time this bankruptcy was filed, after closing the two businesses above, Debtors reported annual income of $69,148.44 – predominantly from retirement income.

      While the evidence provided by Plaintiff regarding the amount of outstanding student loan debt is somewhat inconsistent, the remaining debt is very substantial, and the motion for default judgment identifies monthly payments of $3,186.04.


      DISCUSSION



      1. Entry of Default



        FED. R. CIV. P. Rule 55 states that "[w]hen a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party’s default." Fed. R. Civ. P. 55(a). Local Rule 7055-1 provides further requirements relating to a motion for entry of default judgment, and those requirements have been substantially satisfied here.


      2. Motion for Default Judgment



        1. Proper Service of Summons and Complaint

          2:00 PM

          CONT...


          Jesse Joseph Shelby


          Chapter 7


          FED. R. BANKR. P. Rule 7004(b)(1) states, in part:


          1. ervice may be made within the United States by first class mail postage prepaid as follows:


            1. Upon an individual other than an infant or incompetent, by mailing a copy of the summons and complaint to the individual’s dwelling house or usual place of abode or to the place where the individual regularly conducts a business or profession.


              The Court notes that, pursuant to docket number 19, and described in more detail in the declaration of Plaintiff’s counsel attached to the instant motion, Plaintiff appears to have served the complaint to Defendant in a manner which satisfies FED. R. BANKR.

              P. Rule 7004.


        2. Merits of Plaintiff’s claim


      Upon default, the factual allegations of the complaint, except those relating to the amount of damages, will be taken as true. TeleVideo Systems, Inc. v. Heidenthal, 826 F.2d 915, 917 (9th Cir. 1987); see also Almog v. Golden Summit Investors Group, Ltd., 2012 WL 12867972 at *4 (C.D. Cal. 2012) ("When reviewing a motion for default judgment, the Court must accept the well-pleaded allegations of the complaint relating to liability as true.").


      Here, the complaint includes a single cause of action, 11 U.S.C. § 523(a)(8). Section 523(a)(8) provides:

      2:00 PM

      CONT...


      Jesse Joseph Shelby


      Chapter 7


      1. A discharge under section 727, 1141, 1192, 1228(a), 1228(b), or 1328(b) of this title does not discharge an individual debtor from any debt –


        (8) unless excepting such debt from discharge under this paragraph would impose an undue hardship on the debtor and debtor’s dependents, for –


        (A)(i) an educational benefit overpayment or loan made, insured, or guaranteed by a governmental unit, or made under any program funded in whole or in part by a governmental unit or nonprofit institution; or


        (ii) an obligation to repay funds received as an educational benefit, scholarship, or stipend; or


    2. any other educational loan that is a qualified education loan, as defined in section 221(d)(1) of the Internal Revenue Code of 1986, incurred by a debtor who is an individual;


Brunner v. N.Y State Higher Educ. Servs. Corp., 831 F.2d 395 (2nd Cir. 1987) remains the guiding case for interpreting § 523(a)(8) in the Ninth Circuit. A leading bankruptcy treatise has summarized the test as follows:


Under the Brunner test, a three-prong test for undue hardship requires that (1) the debtor cannot maintain a minimal standard of living based on current earnings and expenses, if forced to repay the student loan;

    1. additional circumstances exist indicating that the debtor’s state of affairs will continue for a significant portion of the repayment period of the loan; and (3) the debtor has made a good faith effort to repay the loan. In determining whether the debtor has met the first prong, the

2:00 PM

CONT...


Jesse Joseph Shelby

court examines the debtor’s standard of living, with a view toward ascertaining whether the debtor has tried to minimize the expenses of the debtor and the debtor’s dependents. To satisfy the second prong, the debtor must show that circumstances indicate a "certainty of hopelessness," not merely a present inability to fulfill the debtor’s financial commitments. The third prong, good faith, requires that the debtor have energetically sought to pay and the debtor cannot be blamed for his or her financial position.


Chapter 7



GINSBERG & MARTIN ON BANKRUPTCY § 11.06[L][2] (5th ed. 2019) (collecting cases) (footnotes omitted).


Regarding the first prong, the Ninth Circuit has previously stated that:


The first prong of the Brunner test requires the debtor to prove that she cannot maintain, based on current income and expenses, a minimal standard of living for herself and her dependents if forced to repay the loans. To meet this requirement, the debtor must demonstrate more than simply tight finances. In defining undue hardship, courts require more than temporary financial adversity, but typically stop short of utter hopelessness.


In re Rifino, 245 F.3d 1083 1088 (9th Cir. 2001) (citations and quotations omitted). Here, the evidence submitted by Debtors identifies $69,148.44 in annual income. If forced to repay the student loans at issue, Plaintiff asserts that the annual student loan payment would be $38,232.48, leaving only

$30,915.96 in remaining income. Based upon the schedules filed in Debtors’ bankruptcy case, the Court concludes that this income would be inadequate to establish a minimal standard of living.


Regarding the second prong, however, the Court is not convinced that the allegations in the complaint rise to the level of establishing "a certainty of

2:00 PM

CONT...


Jesse Joseph Shelby


Chapter 7

hopelessness." The Court notes that Plaintiff has provided the Court with evidence of a psychiatric diagnosis of anxiety and depression, but filed bankruptcy only four months after the diagnosis. Given these circumstances, especially where the evidence appears to be limited to a one-time diagnosis with no follow-up, the Court cannot conclude that Plaintiff has satisfied the relatively onerous test imposed by the second prong. See, e.g., In re Carnduff, 367 B.R. 120, 128 (B.A.P. 9th Cir. 2007) (circumstances need to "demonstrate insurmountable barriers to the debtor’s financial recovery and ability to repay the student loan now and for a substantial portion of the loan’s repayment period.").


Regarding the third prong, the Court concludes that the evidence submitted establishes that Plaintiff has made substantial payments toward the student loans at issue. That evidence, however, is insufficient, on its own, to satisfy the third prong. See, e.g., In re Mason, 464 F.3d 878, 884 (9th Cir. 2006) ("Good faith is measured by the debtor’s efforts to obtain employment, maximize income, and minimize expenses. Courts will also consider a debtor’s effort – or lack thereof – to negotiate a repayment plan.") (citations and quotations omitted). Here, Debtors filed bankruptcy approximately four months after Plaintiff’s psychiatric diagnosis and the schedules filed in this case include expenses (such as charitable contributions, a travel trailer payment, and relatively high transportation, utilities, and housing costs) that clearly exceed a minimal standard of living.


In light of the substantial amount owing on the student loan debt, the Court finds that it is probable that, upon submission of further evidence, Plaintiff could establish an entitlement to a partial discharge of the student loan debt. See, e.g., In re Saxman 325 F.3d 1168, 1173 (9th Cir. 2003) ("We continue to find Hornsby to be the better reasoned opinion, and conclude that bankruptcy courts may exercise their equitable authority under 11 U.S.C. § 105(a) to partially discharge student loans."). After reviewing the present record, however, the Court is forced to conclude that Plaintiff has not sufficiently alleged facts which would satisfy the relatively onerous burden imposed by § 523(a)(8).

2:00 PM

CONT...


Jesse Joseph Shelby


Chapter 7

TENTATIVE RULING



The Court is inclined to CONTINUE the matter for Plaintiff to provide further evidence regarding: (1) his future ability to secured gainful employment; (2) Debtors’ ability to further reduce expenses; (3) Plaintiff’s attempts to negotiate repayment options with Defendant; and (4) a reasonable student loan payment that would not impose an undue hardship on Plaintiff.


APPEARANCES REQUIRED.


Party Information

Debtor(s):

Jesse Joseph Shelby Represented By Steven A Alpert

Defendant(s):

SOFI LENDING CORP. Pro Se

Joint Debtor(s):

Tina Marie Shelby Represented By Steven A Alpert

Movant(s):

Jesse Joseph Shelby Represented By Christine A Kingston

Plaintiff(s):

Jesse Joseph Shelby Represented By Christine A Kingston

Trustee(s):

Steven M Speier (TR) Pro Se

2:00 PM

6:19-16505


Jesse Joseph Shelby


Chapter 7

Adv#: 6:19-01126 Shelby v. SOFI LENDING CORP.


#26.00 CONT Status Conference RE: [17] Amended Complaint by Christine A Kingston on behalf of Jesse Joseph Shelby against SOFI LENDING CORP.. (RE: related document(s)1 Adversary case 6:19-ap-01126. Complaint by Jesse Joseph Shelby against SOFI LENDING CORP.. Nature of Suit: (63 (Dischargeability - 523(a)(8), student loan)) (Kingston, Christine)


From: 1/15/20, 3/25/20 Also #25

EH     


Docket 17


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jesse Joseph Shelby Represented By Steven A Alpert

Defendant(s):

SOFI LENDING CORP. Pro Se

Joint Debtor(s):

Tina Marie Shelby Represented By Steven A Alpert

Plaintiff(s):

Jesse Joseph Shelby Represented By Christine A Kingston

2:00 PM

CONT...

Trustee(s):


Jesse Joseph Shelby


Chapter 7

Steven M Speier (TR) Pro Se

2:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:18-01062 Khalil v. Bastorous et al


#27.00 Motion For Leave To File Over-Length Brief Also #28

EH     


Docket 104

Tentative Ruling:

4/1/2020

PROCEDURAL BACKGROUND


On December 8, 2017, Mark Bastorous & Bernadette Shenouda filed a Chapter 7 voluntary petition.


On March 12, 2018, Anis Khalil ("Plaintiff") filed a complaint against Mark Bastorous & Bernadette Shenouda, (collectively, "Defendants"; individually, "Bastorous" and "Shenouda") for nondischargeability pursuant to § 523(a)(2)(A). On April 11, 2018, the Defendants filed a motion to dismiss.


Plaintiff subsequently amended his complaint on May 3, 2018. On June 4, 2018, Defendants filed a second motion to dismiss. Ultimately, on October 22, 2018, the Court granted the motion, requiring Plaintiff to provide more detail to meet the heightened pleading requirements for fraud. The next day, Plaintiff filed a second amended complaint. On November 6, 2018, Defendants filed a third motion to dismiss. On January 2, 2019, the Court granted the motion, requiring Plaintiff to clearly articulate the state law basis of the debt if Plaintiff was going to request a judgment which included monetary and punitive damages.

2:00 PM

CONT...


Mark Bastorous


Chapter 7


On January 11, 2019, Plaintiff filed his third amended complaint. On January 25, 2019, Defendants filed another motion to dismiss. On February 26, 2019, Plaintiff filed his opposition. On April 10, 2019, the Court entered an order denying the motion to dismiss the third amended complaint. That same day, Defendants filed their answers.


On June 12, 2019, the Court held the first status conference after the filing of Defendants’ answers. Plaintiff did not appear at the status conference. On June 17, 2019, the Court issued an order to show cause why the case should not be dismissed for lack of prosecution. On July 15, 2019, twelve days after the response deadline and only two days before hearing, Plaintiff filed his opposition; the Court withdrew the order to show cause at the hearing.


On June 20, 2019, the Court entered a scheduling order. Among the provisions in the scheduling order were the following: (1) a discovery cut-off of November 30, 2019;

  1. a deadline to file a joint status report of January 8, 2020; and (3) the continuation of the status conference to January 15, 2020.


    On December 6, 2019, Plaintiff filed a motion to compel the deposition of Bastorous. On December 30, 2019, Defendants filed a motion to compel the deposition of Plaintiff. Both motions were opposed.


    On January 15, 2020, the Court held a continued status conference. For the second time in a row, Plaintiff did not appear and did not file any status report. The Court issued another order to show cause why the case should not be dismissed for lack of prosecution (the "OSC") [Dkt. No. 82]. On January 24, 2020, Plaintiff filed a late response to the OSC. On January 29, 2020, Defendants filed their reply. On February 5, 2020, the Court held a hearing on the OSC. Neither Plaintiff nor an attorney representing him appeared. For the reasons stated on the record at the hearing of February 5, the Court subsequently dismissed the action.

    2:00 PM

    CONT...


    Mark Bastorous


    Chapter 7


    On February 14, 2020, Plaintiff filed a motion for leave to file over-length brief and a motion to reconsider the dismissal of the action. The Court also notes that Plaintiff filed a substitution of attorney that same day indicating that Larry Noe ("Noe") was now the attorney of record for the action. On March 18, 2020, Defendants filed an opposition to the motion to reconsider.


    DISCUSSION



    1. Authorization to File Over-Length Brief


      While Plaintiff has filed a motion requesting authority to file an over-length, the motion itself does not any contain any legal citation or argument relating to the filing of over-length briefs. Additionally, the Court notes that Local Rule 9013-1(b)(1) provides that an over-length brief is a brief exceeding thirty-five pages. Here, Plaintiff not having filed a brief exceeding thirty-five pages, the brief is not over-length.

      Therefore, the Court will DENY the motion.


    2. Reconsideration


Plaintiff cites to FED. R. CIV. P. Rules 59 and 60, incorporated in bankruptcy proceedings by FED. R. BANKR. P. Rule 9023 and 9024, as the grounds for the motion to reconsider. The Court notes that Plaintiff also appears to cite a local rule of the district court that is not applicable to proceedings in this Court.


As is noted by Plaintiff, pursuant to FED. R. CIV. P. Rule 59, "[r]econsideration is appropriate if the [] court (1) is presented with newly discovered evidence, (2) committed clear error or the initial decision was manifestly unjust, or (3) if there is a

2:00 PM

CONT...


Mark Bastorous


Chapter 7

intervening change in controlling law." School Dist. No. 1J, Multnomah Cnty., Or. v. ACandS, Inc. 5 F.3d 1255, 1263 (9th Cir. 1993). The second provision appears to be the only provision that Plaintiff alleges to be applicable to this case. Regarding FED. R. CIV. P. Rule 60(b), it is not exactly clear what provision of the rule Plaintiff argues is applicable to the instant case.


  1. Violation of Due Process


    Plaintiff’s first argument is that his due process rights were violated because "Defendant knowingly and intentionally delayed four days before serving it on Plaintiff’s attorney" and because the OSC only gave Plaintiff six days to file a written opposition.


    The Court rejects this argument for a variety of reasons. First, as it noted by Defendants, Noe was not attorney of record for Plaintiff at the time the OSC was issued. As a result, the fact that Defendants served Noe with the OSC was simply a matter of professional courtesy, not an action required by the Court or any applicable rules. Second, the Court served Plaintiff directly with the OSC on January 18, 2020; that notice may have been ineffective, however, because Plaintiff’s address is listed as the office address of his former counsel, Wayne Suojanen, who has not been eligible to practice law since July 2019. Most importantly, however, Plaintiff was simply not deprived of notice and an opportunity to be heard. Plaintiff and Noe both filed a declaration in opposition nine days before the hearing, the Court considered both declarations, and the Court held a hearing on the OSC which Plaintiff or a representative had an opportunity to appear at. Instead, while both Plaintiff and Noe clearly had knowledge of the hearing, they both declined to appear. Neither Plaintiff nor Noe raised lack of due process in their declarations or at the OSC hearing, nor did either party request additional time to respond to the OSC. Furthermore, the Court had previously issued an earlier order to show cause warning Plaintiff that the case may be dismissed if Plaintiff failed to appear and prepare for status conferences. As a result, the Court concludes that Plaintiff was not deprived of due process. See generally Mathews v. Eldridge, 424 U.S. 319, 335 (1976) (outlining

    2:00 PM

    CONT...


    Mark Bastorous


    Chapter 7

    balancing test for due process).


  2. Failure to Identify Grounds for Dismissal


    Next, Plaintiff argues that the basis for dismissal in the Court’s tentative ruling was not adequately identified in the OSC. Specifically, Plaintiff asserts that the tentative ruling included six grounds for dismissal, and Plaintiff asserts that only one of those grounds was identified in the OSC.


    Plaintiff’s argument lacks merit. The OSC stated that it was being issued "pursuant to Local Rule 7016-1(g) and FED. R. CIV. P. Rule 16(f)(1)(B)-(C), incorporated into bankruptcy proceedings by FED. R. BANKR. P. Rule 7016. These rules identify a variety of examples of the failure to properly prosecute a matter. The tentative ruling issue by the Court simply articulated, in factual detail, the specific ways in which Plaintiff had failed to properly prepare or participate in this proceeding. In other words, the Court’s tentative ruling simply provided a non-exhaustive list of the reasons for dismissal under FED. R. CIV. P. Rule 16(f)(1) or Local Rule 7016-1(g).


  3. Incorrect Factual and Legal Conclusions


    Plaintiff next argues that dismissal of the case was premised upon mistaken factual findings and legal conclusions. Plaintiff’s argument fails simply due to the fact that assuming, arguendo, that the factual findings and legal conclusions were incorrect, it would be insufficient to warrant reconsideration of the dismissal of the action.

    Specifically, the factual findings and legal conclusions challenged by Plaintiff merely were secondary considerations in the Court’s ruling. The Court notes that Plaintiff’s heavy reliance on the Court’s tentative ruling – a document that is not actually part of the record in this case and that was simply meant to facilitate discussion at the hearing on the OSC – results in a distorted representation of the Court’s rationale in dismissing the case. Unfortunately, because Plaintiff and Noe did not actually appear at or attend the hearing on the OSC, it appears that neither party has adequate knowledge of the discussion on the record, which primarily addressed Plaintiff’s

    2:00 PM

    CONT...


    Mark Bastorous


    Chapter 7

    failure to appear at hearings or properly prosecute the case. Nevertheless, the Court will address Plaintiff’s arguments.


    Plaintiff identifies two issues upon which he asserts that this Court make mistaken legal conclusions. First, Plaintiff argues that ghostwriting pleadings is permissible in certain circumstances (and, implicitly, that those circumstances are implicated here). Second, Plaintiff argues that a suspended attorney is still permitted to file documents on behalf of a client because filing documents does not constitute the practice law.


    In support of the contention that ghostwriting pleadings for a pro se party is permissible, Noe cites to an opinion of the Orange County Bar Association and the California Rules of Court. While the ghostwriting of pleadings may be permissible in some instances in state court, in federal court the practice is considered unethical and sanctionable. See, e.g., LOS ANGELES LAWYER, March 2016 at pg. 12 ("Federal courts nearly unanimously condemn ghostwriting as being a form of misrepresentation to the court as well as a violation of Rule 11 and various ethical rules governing candor to the tribunal.") (collecting cases). The authority cited by Noe to the contrary is inapplicable to proceedings in this Court and does not undermine this Court’s conclusion that Noe may have committed ethical violations and sanctionable conduct.


    Regarding Plaintiff’s contention that a suspended attorney is allowed to file documents on behalf of an attorney, while such a practice may not be an ethical violation, it appears to be a violate of Section 3 of the Court Manual regarding electronic filing eligibility. Regardless, the Court’s primary concern with the participation of Plaintiff’s former attorney, Wayne Suojanen, is that it is clear documents were drafted by Wayne Suojanen while he was ineligible to practice law. As one example, on July 25, 2018, Wayne Suojanen filed an opposition to a motion to dismiss. The opposition identifies Wayne Suojanen as the attorney for Plaintiff and contains significant legal analysis. At the time this document was filed, Wayne Suojanen was ineligible to practice law according to the California State Bar’s records available online. Therefore, the Court’s conclusion that Wayne Suojanen may have committed unethical or sanctionable conduct does not appear to be erroneous,


    Finally, Plaintiff argues that Defendants were disingenuous in representing that they

    2:00 PM

    CONT...


    Mark Bastorous


    Chapter 7

    did not have valid contact information for Plaintiff. Plaintiff’s argument on this point is, at best bizarre. Plaintiff appears to argue that Defendants have had Plaintiff’s contact information for several years, and, therefore, should have been aware of how to contact Plaintiff. Additionally, Plaintiff offers an e-mail from Wayne Suojanen in November 2019 which states that the old contact information for Plaintiff is no longer "good" (seemingly undermining the argument in the preceding sentence) and inviting Defendants to search FastPeopleSearch.com for possible phone numbers. This evidence is not remotely sufficient to establish that Plaintiff properly provided Defendants with valid contact information.


    In accordance with the foregoing, the Court is unpersuaded that any of the alleged factual or legal errors raised by Plaintiff have merit. More importantly, none of the points addressed above related to the core basis of dismissal of the action – that Plaintiff failed to properly participate in or prosecute this action.


  4. Failure to Consider Lesser Remedies


Finally, Plaintiff argues that the Court should have imposed less severe sanctions, such as payment of attorney fees. Plaintiff cites the factors outlined by the Ninth Circuit in Thompson v. Housing Authority of City of L.A., 782 F.2d 829, 831 (9th Cir. 1986), although Plaintiff does not apply those factors to this case. The sentence before the Ninth Circuit outlined factors to be considered, however, the Ninth Circuit stated: "[w]e have repeatedly upheld the imposition of the sanction of dismissal for failure to comply with pretrial procedures mandated by local rules and court orders." Id. In fact, in Thompson, the following facts led to the district court’s dismissal of the action, and the Ninth Circuit summary affirmance of that dismissal: (a) Plaintiff was unprepared at three pretrial conferences; and (b) Plaintiff failed to properly conduct discovery and failed to seek an extension of the discovery deadline.


In this case, Plaintiff failed to appear or prepare a status report at the two most recent status conferences. After the first failure, the Court issued an order to show cause why the case should not be dismissed, which was ultimately withdrawn by the Court.

Plaintiff also failed to conduct discovery in a timely manner and did not seek an extension of the discovery deadline. Essentially, the facts in this case are rather similar

2:00 PM

CONT...


Mark Bastorous


Chapter 7

to the facts that led to dismissal in Thompson v. Housing Authority of City of L.A.


In light of the foregoing, it does not appear that Plaintiff has demonstrated any clear error or manifest injustice sufficient to support the Court’s reconsideration of the dismissal of the action.


TENTATIVE RULING



The Court is inclined to DENY the motion.


APPEARANCES REQUIRED.


Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Mark Bastorous Represented By Thomas F Nowland

Bernadette Shenouda Represented By Thomas F Nowland

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Movant(s):

Anis Khalil Represented By

Larry G Noe

2:00 PM

CONT...


Mark Bastorous


Chapter 7

Plaintiff(s):

Anis Khalil Represented By

Larry G Noe

Trustee(s):

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

2:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:18-01062 Khalil v. Bastorous et al


#28.00 Motion to Reconsider February 5, 2020 Ruling re OSC for Dismissal - (Federal Rule of Civil Procedure 59(e) and 60(b) and Local Rule 7-18)


Also #27 EH     

Docket 107

Tentative Ruling:

4/1/2020

PROCEDURAL BACKGROUND


On December 8, 2017, Mark Bastorous & Bernadette Shenouda filed a Chapter 7 voluntary petition.


On March 12, 2018, Anis Khalil ("Plaintiff") filed a complaint against Mark Bastorous & Bernadette Shenouda, (collectively, "Defendants"; individually, "Bastorous" and "Shenouda") for nondischargeability pursuant to § 523(a)(2)(A). On April 11, 2018, the Defendants filed a motion to dismiss.


Plaintiff subsequently amended his complaint on May 3, 2018. On June 4, 2018, Defendants filed a second motion to dismiss. Ultimately, on October 22, 2018, the Court granted the motion, requiring Plaintiff to provide more detail to meet the heightened pleading requirements for fraud. The next day, Plaintiff filed a second amended complaint. On November 6, 2018, Defendants filed a third motion to dismiss. On January 2, 2019, the Court granted the motion, requiring Plaintiff to clearly articulate the state law basis of the debt if Plaintiff was going to request a judgment which included monetary and punitive damages.

2:00 PM

CONT...


Mark Bastorous


Chapter 7


On January 11, 2019, Plaintiff filed his third amended complaint. On January 25, 2019, Defendants filed another motion to dismiss. On February 26, 2019, Plaintiff filed his opposition. On April 10, 2019, the Court entered an order denying the motion to dismiss the third amended complaint. That same day, Defendants filed their answers.


On June 12, 2019, the Court held the first status conference after the filing of Defendants’ answers. Plaintiff did not appear at the status conference. On June 17, 2019, the Court issued an order to show cause why the case should not be dismissed for lack of prosecution. On July 15, 2019, twelve days after the response deadline and only two days before hearing, Plaintiff filed his opposition; the Court withdrew the order to show cause at the hearing.


On June 20, 2019, the Court entered a scheduling order. Among the provisions in the scheduling order were the following: (1) a discovery cut-off of November 30, 2019;

  1. a deadline to file a joint status report of January 8, 2020; and (3) the continuation of the status conference to January 15, 2020.


    On December 6, 2019, Plaintiff filed a motion to compel the deposition of Bastorous. On December 30, 2019, Defendants filed a motion to compel the deposition of Plaintiff. Both motions were opposed.


    On January 15, 2020, the Court held a continued status conference. For the second time in a row, Plaintiff did not appear and did not file any status report. The Court issued another order to show cause why the case should not be dismissed for lack of prosecution (the "OSC") [Dkt. No. 82]. On January 24, 2020, Plaintiff filed a late response to the OSC. On January 29, 2020, Defendants filed their reply. On February 5, 2020, the Court held a hearing on the OSC. Neither Plaintiff nor an attorney representing him appeared. For the reasons stated on the record at the hearing of February 5, the Court subsequently dismissed the action.

    2:00 PM

    CONT...


    Mark Bastorous


    Chapter 7


    On February 14, 2020, Plaintiff filed a motion for leave to file over-length brief and a motion to reconsider the dismissal of the action. The Court also notes that Plaintiff filed a substitution of attorney that same day indicating that Larry Noe ("Noe") was now the attorney of record for the action. On March 18, 2020, Defendants filed an opposition to the motion to reconsider.


    DISCUSSION



    1. Authorization to File Over-Length Brief


      While Plaintiff has filed a motion requesting authority to file an over-length, the motion itself does not any contain any legal citation or argument relating to the filing of over-length briefs. Additionally, the Court notes that Local Rule 9013-1(b)(1) provides that an over-length brief is a brief exceeding thirty-five pages. Here, Plaintiff not having filed a brief exceeding thirty-five pages, the brief is not over-length.

      Therefore, the Court will DENY the motion.


    2. Reconsideration


Plaintiff cites to FED. R. CIV. P. Rules 59 and 60, incorporated in bankruptcy proceedings by FED. R. BANKR. P. Rule 9023 and 9024, as the grounds for the motion to reconsider. The Court notes that Plaintiff also appears to cite a local rule of the district court that is not applicable to proceedings in this Court.


As is noted by Plaintiff, pursuant to FED. R. CIV. P. Rule 59, "[r]econsideration is appropriate if the [] court (1) is presented with newly discovered evidence, (2) committed clear error or the initial decision was manifestly unjust, or (3) if there is a

2:00 PM

CONT...


Mark Bastorous


Chapter 7

intervening change in controlling law." School Dist. No. 1J, Multnomah Cnty., Or. v. ACandS, Inc. 5 F.3d 1255, 1263 (9th Cir. 1993). The second provision appears to be the only provision that Plaintiff alleges to be applicable to this case. Regarding FED. R. CIV. P. Rule 60(b), it is not exactly clear what provision of the rule Plaintiff argues is applicable to the instant case.


  1. Violation of Due Process


    Plaintiff’s first argument is that his due process rights were violated because "Defendant knowingly and intentionally delayed four days before serving it on Plaintiff’s attorney" and because the OSC only gave Plaintiff six days to file a written opposition.


    The Court rejects this argument for a variety of reasons. First, as it noted by Defendants, Noe was not attorney of record for Plaintiff at the time the OSC was issued. As a result, the fact that Defendants served Noe with the OSC was simply a matter of professional courtesy, not an action required by the Court or any applicable rules. Second, the Court served Plaintiff directly with the OSC on January 18, 2020; that notice may have been ineffective, however, because Plaintiff’s address is listed as the office address of his former counsel, Wayne Suojanen, who has not been eligible to practice law since July 2019. Most importantly, however, Plaintiff was simply not deprived of notice and an opportunity to be heard. Plaintiff and Noe both filed a declaration in opposition nine days before the hearing, the Court considered both declarations, and the Court held a hearing on the OSC which Plaintiff or a representative had an opportunity to appear at. Instead, while both Plaintiff and Noe clearly had knowledge of the hearing, they both declined to appear. Neither Plaintiff nor Noe raised lack of due process in their declarations or at the OSC hearing, nor did either party request additional time to respond to the OSC. Furthermore, the Court had previously issued an earlier order to show cause warning Plaintiff that the case may be dismissed if Plaintiff failed to appear and prepare for status conferences. As a result, the Court concludes that Plaintiff was not deprived of due process. See generally Mathews v. Eldridge, 424 U.S. 319, 335 (1976) (outlining

    2:00 PM

    CONT...


    Mark Bastorous


    Chapter 7

    balancing test for due process).


  2. Failure to Identify Grounds for Dismissal


    Next, Plaintiff argues that the basis for dismissal in the Court’s tentative ruling was not adequately identified in the OSC. Specifically, Plaintiff asserts that the tentative ruling included six grounds for dismissal, and Plaintiff asserts that only one of those grounds was identified in the OSC.


    Plaintiff’s argument lacks merit. The OSC stated that it was being issued "pursuant to Local Rule 7016-1(g) and FED. R. CIV. P. Rule 16(f)(1)(B)-(C), incorporated into bankruptcy proceedings by FED. R. BANKR. P. Rule 7016. These rules identify a variety of examples of the failure to properly prosecute a matter. The tentative ruling issue by the Court simply articulated, in factual detail, the specific ways in which Plaintiff had failed to properly prepare or participate in this proceeding. In other words, the Court’s tentative ruling simply provided a non-exhaustive list of the reasons for dismissal under FED. R. CIV. P. Rule 16(f)(1) or Local Rule 7016-1(g).


  3. Incorrect Factual and Legal Conclusions


    Plaintiff next argues that dismissal of the case was premised upon mistaken factual findings and legal conclusions. Plaintiff’s argument fails simply due to the fact that assuming, arguendo, that the factual findings and legal conclusions were incorrect, it would be insufficient to warrant reconsideration of the dismissal of the action.

    Specifically, the factual findings and legal conclusions challenged by Plaintiff merely were secondary considerations in the Court’s ruling. The Court notes that Plaintiff’s heavy reliance on the Court’s tentative ruling – a document that is not actually part of the record in this case and that was simply meant to facilitate discussion at the hearing on the OSC – results in a distorted representation of the Court’s rationale in dismissing the case. Unfortunately, because Plaintiff and Noe did not actually appear at or attend the hearing on the OSC, it appears that neither party has adequate knowledge of the discussion on the record, which primarily addressed Plaintiff’s

    2:00 PM

    CONT...


    Mark Bastorous


    Chapter 7

    failure to appear at hearings or properly prosecute the case. Nevertheless, the Court will address Plaintiff’s arguments.


    Plaintiff identifies two issues upon which he asserts that this Court make mistaken legal conclusions. First, Plaintiff argues that ghostwriting pleadings is permissible in certain circumstances (and, implicitly, that those circumstances are implicated here). Second, Plaintiff argues that a suspended attorney is still permitted to file documents on behalf of a client because filing documents does not constitute the practice law.


    In support of the contention that ghostwriting pleadings for a pro se party is permissible, Noe cites to an opinion of the Orange County Bar Association and the California Rules of Court. While the ghostwriting of pleadings may be permissible in some instances in state court, in federal court the practice is considered unethical and sanctionable. See, e.g., LOS ANGELES LAWYER, March 2016 at pg. 12 ("Federal courts nearly unanimously condemn ghostwriting as being a form of misrepresentation to the court as well as a violation of Rule 11 and various ethical rules governing candor to the tribunal.") (collecting cases). The authority cited by Noe to the contrary is inapplicable to proceedings in this Court and does not undermine this Court’s conclusion that Noe may have committed ethical violations and sanctionable conduct.


    Regarding Plaintiff’s contention that a suspended attorney is allowed to file documents on behalf of an attorney, while such a practice may not be an ethical violation, it appears to be a violate of Section 3 of the Court Manual regarding electronic filing eligibility. Regardless, the Court’s primary concern with the participation of Plaintiff’s former attorney, Wayne Suojanen, is that it is clear documents were drafted by Wayne Suojanen while he was ineligible to practice law. As one example, on July 25, 2018, Wayne Suojanen filed an opposition to a motion to dismiss. The opposition identifies Wayne Suojanen as the attorney for Plaintiff and contains significant legal analysis. At the time this document was filed, Wayne Suojanen was ineligible to practice law according to the California State Bar’s records available online. Therefore, the Court’s conclusion that Wayne Suojanen may have committed unethical or sanctionable conduct does not appear to be erroneous,


    Finally, Plaintiff argues that Defendants were disingenuous in representing that they

    2:00 PM

    CONT...


    Mark Bastorous


    Chapter 7

    did not have valid contact information for Plaintiff. Plaintiff’s argument on this point is, at best bizarre. Plaintiff appears to argue that Defendants have had Plaintiff’s contact information for several years, and, therefore, should have been aware of how to contact Plaintiff. Additionally, Plaintiff offers an e-mail from Wayne Suojanen in November 2019 which states that the old contact information for Plaintiff is no longer "good" (seemingly undermining the argument in the preceding sentence) and inviting Defendants to search FastPeopleSearch.com for possible phone numbers. This evidence is not remotely sufficient to establish that Plaintiff properly provided Defendants with valid contact information.


    In accordance with the foregoing, the Court is unpersuaded that any of the alleged factual or legal errors raised by Plaintiff have merit. More importantly, none of the points addressed above related to the core basis of dismissal of the action – that Plaintiff failed to properly participate in or prosecute this action.


  4. Failure to Consider Lesser Remedies


Finally, Plaintiff argues that the Court should have imposed less severe sanctions, such as payment of attorney fees. Plaintiff cites the factors outlined by the Ninth Circuit in Thompson v. Housing Authority of City of L.A., 782 F.2d 829, 831 (9th Cir. 1986), although Plaintiff does not apply those factors to this case. The sentence before the Ninth Circuit outlined factors to be considered, however, the Ninth Circuit stated: "[w]e have repeatedly upheld the imposition of the sanction of dismissal for failure to comply with pretrial procedures mandated by local rules and court orders." Id. In fact, in Thompson, the following facts led to the district court’s dismissal of the action, and the Ninth Circuit summary affirmance of that dismissal: (a) Plaintiff was unprepared at three pretrial conferences; and (b) Plaintiff failed to properly conduct discovery and failed to seek an extension of the discovery deadline.


In this case, Plaintiff failed to appear or prepare a status report at the two most recent status conferences. After the first failure, the Court issued an order to show cause why the case should not be dismissed, which was ultimately withdrawn by the Court.

Plaintiff also failed to conduct discovery in a timely manner and did not seek an extension of the discovery deadline. Essentially, the facts in this case are rather similar

2:00 PM

CONT...


Mark Bastorous


Chapter 7

to the facts that led to dismissal in Thompson v. Housing Authority of City of L.A.


In light of the foregoing, it does not appear that Plaintiff has demonstrated any clear error or manifest injustice sufficient to support the Court’s reconsideration of the dismissal of the action.


TENTATIVE RULING



The Court is inclined to DENY the motion.


APPEARANCES REQUIRED.


Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Mark Bastorous Represented By Thomas F Nowland

Bernadette Shenouda Represented By Thomas F Nowland

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Movant(s):

Anis Khalil Represented By

Larry G Noe

2:00 PM

CONT...


Mark Bastorous


Chapter 7

Plaintiff(s):

Anis Khalil Represented By

Larry G Noe

Trustee(s):

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

2:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:18-01063 Chen et al v. Bastorous et al


#29.00 CONT Status Conference re Amended Complaint by Douglas L Mahaffey on behalf of Chienan Chen, Chun-Wu Li against Bernadette Shenouda, 3 Columnar Ladera LLC, Mike Bareh, Mark Bastorous, MB Capital Group LLC. (Dismissed as to Bernadette Shenouda 1/2/19)


From: 5/9/18, 6/6/18, 8/22/18, 10/31/18, 2/27/19, 6/12/19, 1/15/20, 3/4/20, 3/18/20


EH     


Docket 5


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Mark Bastorous Represented By Thomas F Nowland

3 Columnar Ladera LLC Pro Se

Mike Bareh Represented By

Mirco J Haag Jason E Goldstein

MB Capital Group LLC Pro Se

Bernadette Shenouda Represented By Thomas F Nowland

2:00 PM

CONT...


Mark Bastorous


Chapter 7

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

Chun-Wu Li Represented By

Douglas L Mahaffey

Chienan Chen Represented By Douglas L Mahaffey

Trustee(s):

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

2:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:18-01174 Pringle Ch 7 Trustee v. Shenouda et al


#30.00 CONT Status Conference RE: [1] Adversary case 6:18-ap-01174. Complaint by John P Pringle Ch 7 Trustee against Violete Shenouda, Anwar Wagdy. (Charge To Estate - $350.00). Complaint: (1) To Avoid and Recover Fraudulent Transfers Pursuant to 11 U.S.C. Sections 548(a)(1)(A) and 550; (2) To Avoid and Recover Fraudulent Transfers Pursuant to 11 U.S.C. Sections 548(a)(1)(B) and 550; (3) To Avoid Transfer Pursuant to 11 U.S.C. Section 544(a)(3); (4) To Preserve Transfers Pursuant to 11 U.S.C. Section 551; (5) For Declaratory Relief; (6) For Imposition of Resulting Trust; (7) For Imposition of Constructive Trust; and (8) For Attorneys' Fees and Costs Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(72 (Injunctive relief - other)),(91 (Declaratory judgment)),(14 (Recovery of money/property - other)) (Goodrich, David)


From: 10/31/18, 2/27/19, 6/12/19, 9/18/19, 11/20/19


EH     


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Violete Shenouda Represented By John J Lewis

Anwar Wagdy Represented By John J Lewis

2:00 PM

CONT...


Mark Bastorous


Chapter 7

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P Pringle Ch 7 Trustee Represented By David M Goodrich Reem J Bello

Trustee(s):

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

2:00 PM

6:13-16964


Narinder Sangha


Chapter 7

Adv#: 6:13-01171 Schrader v. Sangha


#31.00 Motion In Limine On Defendant's First Affirmative Defense Of Privilege Also #32

EH     


Docket 355


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Narinder Sangha Represented By Deepalie M Joshi

Defendant(s):

Narinder Sangha Represented By Deepalie M Joshi Charity J Manee

Movant(s):

Charles Edward Schrader Pro Se

Plaintiff(s):

Charles Edward Schrader Pro Se

Trustee(s):

Karl T Anderson (TR) Pro Se

2:00 PM

6:13-16964


Narinder Sangha


Chapter 7

Adv#: 6:13-01171 Schrader v. Sangha


#32.00 CONT Pre-Trial Conference RE: [1] Adversary case 6:13-ap-01171. Complaint by Charles Edward Schrader against Narinder Sangha . willful and malicious injury))


From: 4/17/19, 5/22/19, 8/28/19, 11/6/19, 1/29/20, 3/4/20


Also #31 EH     

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Narinder Sangha Represented By Deepalie M Joshi

Defendant(s):

Narinder Sangha Represented By Deepalie M Joshi Charity J Manee

Plaintiff(s):

Charles Edward Schrader Pro Se

Trustee(s):

Karl T Anderson (TR) Pro Se

11:00 AM

6:17-12712


Jose Luis Castillo


Chapter 13


#1.00 CONT Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to modify plan or suspend plan payments


From: 3/19/20 EH         

Docket 35


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jose Luis Castillo Represented By Sunita N Sood Seema N Sood

Movant(s):

Jose Luis Castillo Represented By Sunita N Sood Sunita N Sood Sunita N Sood Sunita N Sood Sunita N Sood Sunita N Sood Seema N Sood Seema N Sood Seema N Sood Seema N Sood Seema N Sood Seema N Sood

11:00 AM

CONT...

Trustee(s):


Jose Luis Castillo


Chapter 13

Rod Danielson (TR) Pro Se

11:00 AM

6:19-18569


Edwin Briones and Gabriela Sandez


Chapter 13


#2.00 CONT Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to modify plan or suspend plan payments


From: 3/12/20 Also #3

EH     


Docket 35


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Edwin Briones Represented By Kevin Tang

Joint Debtor(s):

Gabriela Sandez Represented By Kevin Tang

Movant(s):

Edwin Briones Represented By Kevin Tang Kevin Tang

Gabriela Sandez Represented By Kevin Tang

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-18569


Edwin Briones and Gabriela Sandez


Chapter 13


#3.00 CONT Trustee's Motion to Dismiss Case From: 3/12/20

Also #2 EH     

Docket 29

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 3/31/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Edwin Briones Represented By Kevin Tang

Joint Debtor(s):

Gabriela Sandez Represented By Kevin Tang

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-20408


Juan Carlos De La Cruz and Claudia Veronica De La Cruz


Chapter 13


#4.00 Debtor's Motion for Order Disallowing Proof of Claim Number 18-1 by Claimant Bourns Employees Federal Credit Union


Also #5 & #6 EH         

Docket 27

Tentative Ruling:

4/2/20


BACKGROUND:

On November 26, 2019 ("Petition Date"), Juan Carlos De La Cruz ("Debtor") and Claudia Veronica De La Cruz ("Joint Debtor") (collectively, "Debtors") filed a Chapter 13 voluntary petition. Pursuant to FRBP 1007(a), Debtors listed Bourns Employees Federal Credit Union (hereinafter "Bourns Employees FCU") as one of their unsecured creditors. Debtors then served all the creditors by certified mail including Bourns Employees FCU:


Bourns Employee FCU 1200 Columbia Avenue

Riverside, CA 92507


Pursuant to FRBP 3002(c), the deadline for filing claims for non-governmental creditors was set at February 4, 2020 (hereinafter the "Bar Date"). Twelve days after the deadline, on February 14, 2020, Bourns Employees FCU filed five claims:


11:00 AM

CONT...


Juan Carlos De La Cruz and Claudia Veronica De La Cruz

Pursuant to the Miscellaneous Instructions of the Court, if in the prior case, a secured

12:00 PM

CONT...


Armando Guzman


Chapter 13

creditor filed a motion from relief from the automatic stay, the Debtor must serve the secured creditor’s counsel. In Debtor’s proof of service, he served FMC but not its counsel.


In addition, in the Prior Case, Debtor was delinquent on plan payments in the amount of $777.89. Debtor opposed the Trustee’s motion to dismiss his case, stating that he would be current before the hearing date and implied that his delinquency was because of his wife passing away from cancer. Prior Case, Dkt. No. 62. Unfortunately, on the hearing date, Debtor still had not tendered payment to the Trustee. The Court then dismissed the case. Prior Case, Dkt. No. 64.


Debtor filed this motion to continue the stay pursuant to 11. U.S.C 362(c)(3)(B). Since the Prior Case was dismissed because Debtor was delinquent on plan payments, the filing of this petition is presumed to not be filed in good faith. 3 Collier on Bankruptcy ¶ 362.06[3][b] (Richard Levin & Henry J. Sommer eds., 16th ed.).


To overcome this presumption, the Debtor must provide clear and convincing evidence to the contrary. "[Clear and convincing evidence] is defined as that degree or measure of proof which will produce in the mind of the trier of fact, a firm belief or conviction that the allegations sought to be established as true; it is ‘evidence so clear, direct weight[,] and convincing as to enable the fact finder to come to a clear conviction, without hesitancy, of the truth of the precise facts of the case.’" In re Castaneda, 342 B.R. 90 (Bankr. S.D. Cal. 2006) (citing Charles I, 332 B.R. 538, 542 (Bankr. S.D. TX. 2005)).


Debtor described that he was unable to make his play payments because he took time off from work to take care of his wife as she battled terminal cancer, but she lost that battle in November 2019. Dkt. No. 14, Decl. of Debtor in Support of Good Faith Filing.


"Mere statements by the movement in the motion does not carry evidentiary weight. The movant must provide detailed, competent, evidence sufficient…to rebut the presumption of bad faith." In re Castaneda, 342 B.R. at 96. In this case, Debtor has not provided detailed, competent, evidence sufficient to rebut the presumption of bad faith. Specifically, there is no detail or supporting evidence as to when Debtor left work and when he returned to work, and the financial effect.

12:00 PM

CONT...


Armando Guzman


Chapter 13


Debtor’s statements lacking detail are not sufficient to establish clear and convincing evidence to rebut the presumption pursuant to 11 U.S.C § 362(c)(3) that the case was not filed in good faith. Furthermore, service was improper because Debtor failed to serve FMC’s counsel. Thus, the Court is inclined to CONTINUE the motion, so Debtor can address the Court’s concerns.


APPEARANCES REQUIRED.


Party Information

Debtor(s):

Armando Guzman Represented By Daniel King

Movant(s):

Armando Guzman Represented By Daniel King

Trustee(s):

Rod Danielson (TR) Pro Se

12:00 PM

6:20-12148


Bernice H Antunez


Chapter 13


#1.00 CONT Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate Real Property -2180 Cordillera Ave, Colton, CA 92324


MOVANT: BERNICE H. ANTUNEZ


From: 4/2/20 EH     

Docket 13

Tentative Ruling:

TENTATIVE RULING:


4/8/20


Service: Proper Opposition: None


The Court has reviewed the Supplemental Declaration. The Debtor has met the "clear and convincing" standard to overcome the presumption of bad faith. Thus, the Court is inclined to GRANT this motion. The stay remains in effect against all creditors.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued

Party Information

Debtor(s):

Bernice H Antunez Represented By Daniel King

Movant(s):

Bernice H Antunez Represented By Daniel King

12:00 PM

CONT...

Trustee(s):


Bernice H Antunez


Chapter 13

Rod Danielson (TR) Pro Se

12:00 PM

6:20-12151


Armando Guzman


Chapter 13


#2.00 CONT Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate Real Property - 29351 Summerset Dr, Sun City, CA 92586


MOVANT: ARMANDO GUZMAN


From: 4/2/20 EH     

Docket 14

Tentative Ruling:

TENTATIVE RULING:


4/8/20


Service: Proper Opposition: None


The Court has reviewed the Supplemental Declaration. The Debtor has met the "clear and convincing" standard to overcome the presumption of bad faith. Thus, the Court is inclined to GRANT this motion. The stay remains in effect against all creditors.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued

Party Information

Debtor(s):

Armando Guzman Represented By Daniel King

Movant(s):

Armando Guzman Represented By Daniel King

12:00 PM

CONT...

Trustee(s):


Armando Guzman


Chapter 13

Rod Danielson (TR) Pro Se

2:00 PM

6:13-27344


Douglas J Roger, MD, Inc., A Professional Corporat


Chapter 7

Adv#: 6:15-01307 Revere Financial Corporation v. OIC MEDICAL CORPORATION, a


#3.00 Pre-Trial Conference RE: [1] Adversary case 6:15-ap-01307. Complaint by A. Cisneros against OIC MEDICAL CORPORATION, a California corporation, LIBERTY ORTHOPEDIC CORPORATION, a California corporation, UNIVERSAL ORTHOPAEDIC GROUP, a California corporation. (Charge To Estate $350). for Avoidance, Recovery, and Preservation of Preferential and Fraudulent Transfers (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Haes, Chad)


EH     


Docket 1

*** VACATED *** REASON: ORDER TO STAY ADVERSARY PROCEEDING FILED 8/16/19

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Douglas J Roger, MD, Inc., A Represented By Summer M Shaw Michael S Kogan George Hanover

Defendant(s):

OIC MEDICAL CORPORATION, a Represented By

Misty A Perry Isaacson

LIBERTY ORTHOPEDIC Represented By

Misty Perry Isaacson Misty A Perry Isaacson

UNIVERSAL ORTHOPAEDIC Represented By

2:00 PM

CONT...


Douglas J Roger, MD, Inc., A Professional Corporat

Misty Perry Isaacson Misty A Perry Isaacson


Chapter 7

Plaintiff(s):

Revere Financial Corporation Represented By Franklin R Fraley Jr

Trustee(s):

Arturo Cisneros (TR) Represented By Chad V Haes

D Edward Hays Franklin R Fraley Jr

2:00 PM

6:15-14230


Home Security Stores, Inc.


Chapter 7

Adv#: 6:17-01085 PRINGLE v. Winn et al


#4.00 CONT Status Conference RE: [1] Adversary case 6:17-ap-01085. Complaint by JOHN P PRINGLE against Ralph Winn. (Charge To Estate - $350.00). and other Defendants including DOES 1-25 Nature of Suit: 12 - Recovery of money/property - 547 preference, 13-Recovery of money/property - 548 fraudulent transfer, 21-Validity, priority or extent of lien or other interest in property,14 - Recovery of money/property - other, 91- Declaratory judgment)


From: 7/12/17, 8/23/17, 10/25/17, 5/16/18, 6/27/18, 9/26/18, 1/23/19, 3/27/19, 6/26/19, 10/16/19, 1/15/20


EH     


Docket 1

*** VACATED *** REASON: CONTINUED TO 4/29/20 AT 2:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Home Security Stores, Inc. Represented By Winfield S Payne III

Defendant(s):

Ralph Winn Represented By

Douglas A Plazak

Sterling Security Service, Inc. Pro Se

Natalia V Knoch Pro Se

Steven B Knoch Pro Se

Stacy Winn Represented By

Douglas A Plazak

2:00 PM

CONT...


Home Security Stores, Inc.


Chapter 7

Plaintiff(s):

JOHN P PRINGLE Represented By Charity J Manee Robert P Goe

Trustee(s):

John P Pringle (TR) Represented By Robert P Goe Charity J Manee

2:00 PM

6:18-12027


Richard M. Thomas


Chapter 7

Adv#: 6:18-01156 Anderson, Chapter 7 Trustee v. Williams et al


#5.00 CONT Status Conference RE: [1] Adversary case 6:18-ap-01156. Complaint by Karl T. Anderson, Chapter 7 Trustee against Amy Williams, Richard M Thomas Jr.. (Charge To Estate) ($350.00). Complaint to: (1) Avoid and Recover Fraudulent Transfer; (2) Obtain Declaratory Relief as to Ownership of Real Property; and (3) Authorize Sale of Property Owned in Part by Non-Debtor Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)) (DEFAULT GRANTED AS TO SEVENTH CLAIM 4/19/19)


From: 9/26/18, 11/7/18, 12/12/18, 1/30/19, 2/27/19, 4/10/19, 9/18/19, 10/9/19,

1/8/20


Also #6 EH         

Docket 1

*** VACATED *** REASON: CONTINUED TO 4/29/20 AT 2:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Richard M. Thomas Represented By Keith Q Nguyen

Defendant(s):

Amy Williams Represented By Anerio V Altman

Richard M Thomas Jr. Pro Se

Joint Debtor(s):

Raquel Young Represented By Keith Q Nguyen

2:00 PM

CONT...


Richard M. Thomas


Chapter 7

Plaintiff(s):

Karl T. Anderson, Chapter 7 Trustee Represented By

Frank X Ruggier

Trustee(s):

Karl T Anderson (TR) Represented By Larry D Simons Frank X Ruggier

2:00 PM

6:18-12027


Richard M. Thomas


Chapter 7

Adv#: 6:18-01156 Anderson, Chapter 7 Trustee v. Williams et al


#6.00 CONT Motion For Summary Judgment Against Defendant Amy Williams From: 10/9/19, 1/8/20

Also #5 EH         

Docket 51

*** VACATED *** REASON: CONTINUED TO 4/29/20 AT 2:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Richard M. Thomas Represented By Keith Q Nguyen

Defendant(s):

Amy Williams Represented By Anerio V Altman

Richard M Thomas Jr. Pro Se

Joint Debtor(s):

Raquel Young Represented By Keith Q Nguyen

Movant(s):

Karl T. Anderson, Chapter 7 Trustee Represented By

Frank X Ruggier

Plaintiff(s):

Karl T. Anderson, Chapter 7 Trustee Represented By

2:00 PM

CONT...


Trustee(s):


Richard M. Thomas


Frank X Ruggier


Chapter 7

Karl T Anderson (TR) Represented By Larry D Simons Frank X Ruggier

2:00 PM

6:19-14650


Blanca Flor Torres


Chapter 7

Adv#: 6:19-01117 Whitmore v. Gularte et al


#7.00 CONT Status Conference RE: [1] Adversary case 6:19-ap-01117. Complaint by Robert S. Whitmore against Jose Gularte, Marjorie Elizabeth Gularte-Torres. (Charge To Estate $350.00). (Attachments: # 1 Adversary Proceeding Cover Sheet # 2 Summons) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Philippi, Julie)


From: 10/16/19, 12/11/19, 1/8/20 Also #8

EH     


Docket 1

*** VACATED *** REASON: CONTINUED TO 4/29/20 AT 2:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Blanca Flor Torres Represented By Brian J Horan

Defendant(s):

Jose Gularte Pro Se

Marjorie Elizabeth Gularte-Torres Pro Se

Plaintiff(s):

Robert S. Whitmore Pro Se

Trustee(s):

Robert Whitmore (TR) Pro Se

2:00 PM

6:19-14650


Blanca Flor Torres


Chapter 7

Adv#: 6:19-01117 Whitmore v. Gularte et al


#8.00 CONT Motion for Default Judgment against Jose A. Gularte And Marjorie Elizabeth Gularte-Torres


From: 1/8/20 Also #7

EH     


Docket 11

*** VACATED *** REASON: CONTINUED TO 4/29/20 AT 2:00 P.M.

Tentative Ruling:

1/8/20

BACKGROUND


On May 30, 2019 ("Petition Date"), Blanca Flor Torres ("Debtor") filed a Chapter 7 voluntary petition. On August 22, 2019, Robert S. Whitmore (the Chapter 7 "Trustee") brought an adversary proceeding against Jose Gularte ("Mr. Gularte") and Marjorie Elizabeth Gularte-Torres ("Mrs. Gularte-Torres") (collective, "Defendants") for the benefit of the estate.


The adversary proceeding arose from a real estate transaction between the Debtor and the Defendants. Debtor and her spouse, Edgar S. Torres, bought real estate at 1527 Fairwood Way, Upland, CA 91786 (the "Property) on November 2, 1990.

Less than two years before the Petition Date, on December 29, 2017, Debtor and her spouse transferred the Property to Mr. Gularte. Mr. Gularte then proceeded to transfer the deed to himself and his wife, Mrs. Gularte-Torres.


The Trustee alleges that the transfer among the parties is fraudulent and seeks to avoid the transfer and recover the Property for the estate.

The Trustee alleges that Defendants are insiders of the Debtor: Mr. Gularte is

2:00 PM

CONT...


Blanca Flor Torres


Chapter 7

the debtor’s son-in-law, and Mrs. Gularte-Torres is the debtor’s daughter. Because Defendants and Debtor still reside at the same Property after the transfers occurred, Trustee alleges that Debtor still retains the benefit of ownership. The Trustee alleges that the consideration given was less than a reasonably equivalent value: a seller credit and a gift were given. The Trustee avers that the value of the consideration given was less than the value of the Debtor’s equity of $154,424.76.


The Trustee served the summons and complaint on Defendants by first-class mail to Defendants’ home on August 23, 2019. After forty-eight days without Defendants pleading or defending against the relief sought by the Trustee, the Trustee requested an entry for default judgment. On October 11, 2019, the Clerk of the Court entered a default judgment against defendants.


The Trustee now files this motion for an entry of default judgment by the Court to avoid and recovery the Property.


DISCUSSION


  1. Jurisdiction


    1. Subject Matter Jurisdiction


      This Court has subject matter jurisdiction pursuant to U.S.C. §157(b)(1)— Bankruptcy Judges may hear and determine all cases under title 11 and all core proceedings arising under title 11—and 28 U.S.C. §1334. Trustee has asserted a claim arising under title 11, a Chapter 7 voluntary petition, and the matter concerns the administration of an estate. U.S.C. §157(b)(2)(A).


    2. Venue


      Venue is proper pursuant to 28 U.S.C. §1409(a):

      "Except as otherwise provided in subsections (b) and (d), a proceeding

      2:00 PM

      CONT...


      Blanca Flor Torres

      arising under title 11 or arising in or related to a case under title 11 may be commenced in the district court in which such case is pending."


      Chapter 7


      Debtor’s lead bankruptcy case (19-bk-14650-MH) is currently pending in this Court.


    3. Personal Jurisdiction


      Jose Gularte and Marjorie Elizabeth Gularte-Torres are residents of California.

      Thus, personal jurisdiction is proper.


  2. Entry of Default


    Federal Rule of Bankruptcy Procedure 7055 states that default judgments are applicable in adversary proceedings. Fed. R. Bankr. P. 7055. Furthermore, Federal Rule of Civil Procedure 55 states that "[w]hen a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party’s default." Fed. R. Civ. P. 55(a). Local Rule 7055-1 provides further requirements relating to a motion for entry of default judgment.


    In this case, the Trustee has fulfilled such requirements in his request for entry of default: (a) the identity of the parties whom default was entered and the date of entry of default; (b) the defaulting party is neither an infant nor an competent person;

    1. the defendants are not currently on active duty in the armed forces, etc. The Trustee also provided information for the Clerk of the Court to rightly determine that defendants failed to plead or otherwise defend within twenty-one days after service of the summons and the complaint. Fed. R. Bankr. P. 7012(a) and (b). Thus, the Clerk entered a valid entry of default.


  3. Motion for Default Judgment

2:00 PM

CONT...


Blanca Flor Torres

  1. Proper Service of Summons and Complaint


    Chapter 7


    FED. R. BANKR. P. Rule 7004(b)(1) states, in part:


    1. ervice may be made within the United States by first class mail postage prepaid as follows…


      1. Upon an individual other than an infant or incompetent, by mailing a copy of the summons and complaint to the individual’s dwelling house or usual place of abode or to the place where the individual regularly conducts a business or profession.


    Here, it appears that the motion for default judgment has been properly served.


  2. Entering a Default Judgment by the Court


    If the claim in not for a certain or arithmetically attainable sum, then the entry by default judgment must be made by the court. The Trustee has not asked for the value of the Debtor’s equity in the Property, $154,424.76. Instead, the Trustee has asked the Court to rule that the transfers were fraudulent, the transfers should be avoided, and that the Property should be returned to the Debtor’s bankruptcy estate. Thus, by requesting an injunctive relief, the Trustee has correctly sought a motion for default judgment by the Court.


  3. Factors to Consider


    When a court exercises its discretion to enter a default judgment it may consider a number of factors: (1) the possibility of prejudice to the plaintiff, (2) the merits of plaintiff’s substantive claim, (3) the sum of money at stake in the action (4) the possibility of disputes concerning material facts, (5) whether the default was due

    2:00 PM

    CONT...


    Blanca Flor Torres


    Chapter 7

    to excusable neglect, and (6) the strong policy underlying the Federal Rules of Civil Procedure favoring decisions on the merits. Eitle v. McCool, 782 F.2d 1470, 1471-72 (9th Cir. 1986). When it comes to the first factor, the Trustee, being the arbiter of the estate would only be prejudice in his responsibility to provide the best interest of parties in interest. That is, by not recovering the property, the creditors would receive potential less than what they could have.


    1. Merits of Plaintiff’s Claim


      The general rule, upon an entry of default, the factual allegations of the plaintiff’s complaint will be taken as true. Totten v. Hurrell, 2001 U.S. Dist. Lexis 20909, *6 (N.D. Cal. 2001). "A default establishes the well-pleaded allegations of a complaint unless they are incapable of proof or are contrary to facts judicially noticed or to uncontroverted material in the file." In re McGee, 359 B.R. 764 (B.A.P 9th Cir.) (emphasis added by italicizing) (citing In re Consolidated Pretrial Proceedings in Air West Sec. Litigation, 436 F. Supp. 1281, 1286 (N.D. Cal. 1977)). A well-pleaded allegation is sufficient to prove defendant’s liability. TeleVideo Systems, Inc. v.

      Heidenthal, 826 F.2d 915, 917 (9th Cir. 1987).



      The Trustee alleges, pursuant to 11U.S.C. § 548(a)(1)(A), that Debtor within two years of filing her petition transferred the Property with actual intent to hinder, delay, or defraud. The word ‘intent’ is used to denote that the actor desire to cause consequences of his act. [Vol 5] Collier on Bankruptcy ¶ [548.04] (Richard Levin & Henry J. Sommer eds., 16th ed.). "If the actor knows that the consequences are certain, or substantially certain, to result from his act, and still goes ahead, he is treated by the law as if he had in fact desired to produce the result." Id.


      Because it is difficult to prove actual intent, courts infer fraudulent intent from the circumstances surrounding the transfer; including but not limited to (1) insolvency or other unmanageable indebtedness on the part of the debtor, (2) special relationship between the debtor and transferee; and after the transfer, (3) retention by the debtor of the property. In re Acequia, Inc. 34 F.3d 800 (9th Cir. Ct. App. 1994). These circumstances are universally recognized as the "badges of fraud." Id.

      2:00 PM

      CONT... Blanca Flor Torres

      The Trustee has provided evidence that the value of the Property,


      Chapter 7

      $575,000.000, which was agreed upon by Mr. Gularte and Debtor and her husband, was not given for consideration. (Dkt. No. 11, Ex. 5). In fact, something substantial less was given as consideration because Mr. Gularte received a "gift of equity" in the amount of $150,900.00. This special relationship—Defendants are the daughter and son-in-law of Debtor— precipitated such a gift alleged the Trustee. Furthermore, based on Debtor’s commencement documents, Debtor still lives at the Property, showing that Debtor still retains the benefit of the Property. (Dkt. No. 11, Ex. 7).


      Taken as true and neither incapable of proof nor contrary to facts observed by the Court, the Trustee’s allegations are sufficient to prove the claim of an actual fraudulent transfer under 11 U.S.C § 548(a)(1)(A).

      Moreover, taking the allegations of the compliant as true as to the second and third claims for relief, the Trustee has sufficiently alleged the elements of a claim for constructively fraudulent transfer against Defendants.


      This leaves only one claim of relief left. Whether the Court grants recovery of the Property pursuant to 11 U.S.C. § 550(a). The Court has ruled that Trustee’s allegations are sufficient to prove that the transfer of the Property was fraudulent. Thus, making the transaction avoidable.


      Based on the deeds transferring interest in the Property, Mr. Gularte is an immediate transferee and Mrs. Gularte-Torres is a mediate transferee.

      Irrespective of how they are defined, 11 U.S.C. § 550(a)(1) and (a)(2) permit the Trustee to recover the property from the Defendants. Seeing no reason to do otherwise, the Court grants the Trustee the Property pursuant to 11 U.S.C. § 550(a).


    2. Possibility of Disputes of Material Facts


      The Trustee provided evidence from the Debtor’s commencement document stating the Debtor still resides at the Property. The Trustee provided evidence of the transfer of interest in the property from Debtor and her husband to Defendants. Dkt No. 11, Ex. 3, 4, and 5. Trustee provided evidence of the value of the Property and the consideration given. Dkt. No. 11, Ex 5.

      Furthermore, Trustee duly served Defendants with process in this matter.

      2:00 PM

      CONT...


      Blanca Flor Torres


      Chapter 7

      Thus, the Court finds that the possibility of disputes of material facts is unlikely.


      1. Sum at Stake in the Action


        Even though the Trustee is looking for injunctive relief, the value of said property is significant to the estate. The last consideration given for the Property valued it at $575,000.00. Dkt. No.11, Ex 5. The Property would increase the bankruptcy estate by twenty-fold, weighing in favor of Defendants.


      2. Excusable Neglect


        Here, Defendants failed to plead or otherwise defend against the claim, and the Court does not otherwise see any basis for excusable neglect in the pleadings.


      3. Strong Policy


Although the strong policy underlying the Federal Rules of Civil Procedure favoring decisions on the merits, the case at hand does not warrant a denial of judgment solely on that ground.

2:00 PM

CONT...


Blanca Flor Torres


Chapter 7

TENTATIVE RULING



Thus, the Court is inclined to GRANT the motion to the extent of awarding Trustee judgment on the first, second, third, and fourth claims of relief.


APPEARANCES REQUIRED.


Party Information

Debtor(s):

Blanca Flor Torres Represented By Brian J Horan

Defendant(s):

Jose Gularte Pro Se

Marjorie Elizabeth Gularte-Torres Pro Se

Movant(s):

Robert S. Whitmore Pro Se

Plaintiff(s):

Robert S. Whitmore Pro Se

Trustee(s):

Robert Whitmore (TR) Pro Se


Monday, April 13, 2020

Hearing Room

303


9:30 AM

6:18-16831


Young Jin Yoon


Chapter 7

Adv#: 6:18-01210 Kim v. Yoon et al


#1.00 Trial Re: [1] Adversary case 6:18-ap-01210. Complaint by Vivian Kim against Young Jin Yoon, Hyunmyung Park, Joshua Park. false pretenses, false representation, actual fraud, 72 - Injunctive relief - other, 13 - Recovery of money/property - 548 fraudulent transfer, 68 - Dischargeability - 523(a)(6), willful and malicious injury


From: 1/9/19, 7/31/19, 10/16/19 EH     

Docket 1

Debtor(s):

*** VACATED *** REASON: CONTINUED TO 9/14/20 AT 9:30 A.M.

Party Information

Young Jin Yoon Represented By Ji Yoon Kim

Defendant(s):

Young Jin Yoon Represented By Ji Yoon Kim

Hyun Myung Park Represented By Ji Yoon Kim

Joshua Park Represented By

Ji Yoon Kim

Plaintiff(s):

Vivian Kim Represented By

Jiyoung Kym

Trustee(s):

Robert Whitmore (TR) Pro Se

9:30 AM

6:18-16831


Young Jin Yoon


Chapter 7

Adv#: 6:18-01210 Kim v. Yoon et al


#1.00 Trial Re: [1] Adversary case 6:18-ap-01210. Complaint by Vivian Kim against Young Jin Yoon, Hyunmyung Park, Joshua Park. false pretenses, false representation, actual fraud, 72 - Injunctive relief - other, 13 - Recovery of money/property - 548 fraudulent transfer, 68 - Dischargeability - 523(a)(6), willful and malicious injury


From: 1/9/19, 7/31/19, 10/16/19, 4/13/20 EH     

Docket 1

*** VACATED *** REASON: CONTINUED TO 9/14/20 AT 9:30 A.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Young Jin Yoon Represented By Ji Yoon Kim

Defendant(s):

Young Jin Yoon Represented By Ji Yoon Kim

Hyun Myung Park Represented By Ji Yoon Kim

Joshua Park Represented By

Ji Yoon Kim

Plaintiff(s):

Vivian Kim Represented By

Jiyoung Kym

9:30 AM

CONT...

Trustee(s):


Young Jin Yoon


Chapter 7

Robert Whitmore (TR) Pro Se

11:00 AM

6:17-14549


Denice Laree Grimes and Derrick Gregory Grimes


Chapter 13


#2.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 3895 Del Rosa Ave, San Bernardino, CA 92404-2177


MOVANT: WILMINGTON TRUST NATIONAL ASSOCIATION


From: 3/24/20 EH     

Docket 64

*** VACATED *** REASON: ORDER ENTERED 3/25/20

Tentative Ruling: Tentative Ruling:

3/24/20


Service: Proper Opposition: None


The filing of a bankruptcy case creates an estate, which is comprised of all the legal and equitable interests of the debtor in property as of the commencement of the case. 11 U.S.C §541(a)(1). Furthermore, in a Chapter 13 voluntary petition, this estate also includes all such property acquired during the pendency of the case. 11. U.S.C. §1306. Denice Laree Grimes’ and Derrick Gregory Grimes’ primary residence, which is at issue in this motion for relief from stay, came into this estate when Denice Laree Grimes and Derrick Gregory Grime (hereinafter "Debtors") filed this petition.


Pursuant to 11 U.S.C. § 362, a voluntary Chapter 13 petition filed operates as a stay against enforcement on the Debtor or the property of the estate. By providing the Adjustable Rate Mortgage Note, the Deed of Trust, the Assignment of Deed of Trust, and evidence of three missed post-confirmation payments, pursuant to U.S.C. § 362(d)(1), Movant, Wilmington Trust National Association, not in its individual

11:00 AM

CONT...


Denice Laree Grimes and Derrick Gregory Grimes


Chapter 13

capacity, but solely as Trustee for MFRA Trust 2016-1 (hereinafter "Wilmington Trust") has established that its interest is not adequately protected. In re Gauvin, 24 B.R. 578, 580 (B.A.P. 9th Cir. 1982).


The burden now shifts to the opposing party, the Debtors, to show that the collateral is not declining in value, the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise, or that there is a significant likelihood of a successful reorganization in a reasonable time. 3 Collier on Bankruptcy

¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.). Debtors have not opposed the motion. Thus, they have not met their burden.


However, the lack of a response from Debtors, pursuant to Local Bankruptcy Rule 9013-1(h), may be deemed to be consent to the granting or denial of the motion. The Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1).

GRANT relief from Rule 4001(a)(3) stay. GRANT request under ¶¶ 2, 3, and 12. DENY request under ¶13 as moot.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

Debtor(s):

Denice Laree Grimes Represented By

M. Wayne Tucker

Joint Debtor(s):

Derrick Gregory Grimes Represented By

M. Wayne Tucker

Movant(s):

Wilmington Trust, National Represented By Sumit Bode Darlene C Vigil

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:17-19890


Katrina Renee McDowell


Chapter 13


#3.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 48309 Garbo Drive, Indio, CA 92201


MOVANT: US BANK TRUST NATIONAL ASSOCIATION


From: 3/10/20, 3/24/20 EH     

Docket 97

*** VACATED *** REASON: ORDER ENTERED 4/9/20

Tentative Ruling: Tentative Ruling:

3/24/20


Service: Proper Opposition: Debtor


The filing of a bankruptcy case creates an estate, which is comprised of all the legal and equitable interests of the debtor in property as of the commencement of the case. 11 U.S.C §541(a)(1). Furthermore, in a Chapter 13 voluntary petition, this estate also includes all such property acquired during the pendency of the case. 11. U.S.C. §1306. Katrina Renee McDowell’s primary residence, which is at issue in this motion for relief from stay, came into this estate when Katrina (hereinafter "Debtor") filed this petition.


Pursuant to 11 U.S.C. § 362, a voluntary Chapter 13 petition filed operates as a stay against enforcement on the Debtor or the property of the estate. By providing the note, the deed of trust, the corporate assignment of the deed of trust, and evidence of five missed post-confirmation payments, pursuant to U.S.C. § 362(d)(1), Movant, U.S. Bank Trust National Association as the Trustee of Bungalow Series F Trust

11:00 AM

CONT...


Katrina Renee McDowell


Chapter 13

(hereinafter "U.S. Bank") has established that its interest is not adequately protected. In re Gauvin, 24 B.R. 578, 580 (B.A.P. 9th Cir. 1982).


The burden now shifts to the opposing party, the Debtor, to show that the collateral is not declining in value, the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise, or that there is a significant likelihood of a successful reorganization in a reasonable time. 3 Collier on Bankruptcy

¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.).


Debtor has opposed the motion, claiming (1) more payments have been made then what is shown by the movant, (2) all post-petition arrearages will be cured by the hearing date, (3) the Property is necessary for an effective reorganization, and (4) Debtor intends to enter into an adequate protection order with the movant. Dk No. 105, page 2.

The parties should inform the court of any adequate protection discussions. APPEARANCES REQUIRED.

Party Information

Debtor(s):

Katrina Renee McDowell Represented By Jenny L Doling

Movant(s):

U.S. Bank Trust National Represented By

Lemuel Bryant Jaquez

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:18-10079


Cheryl Linda Fernandez


Chapter 13


#4.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 425 Grant Street, Redlands, California 92373


MOVANT: WILMINGTON SAVINGS FUND SOCIETY FSB


EH     


Docket 80

*** VACATED *** REASON: ORDER ENTERED 4/9/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Cheryl Linda Fernandez Represented By Matthew D. Resnik

Movant(s):

Wilmington Savings Fund Society, Represented By

Joseph C Delmotte

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:18-13906


Ruby Lee Frazier


Chapter 13


#5.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1928 SYCAMORE HILL DR., RIVERSIDE, CA


MOVANT: RIVERSIDE CENTURY HILLS, INC.


From: 3/31/20 EH     

Docket 82


Tentative Ruling:

3/31/2020


Service: Proper Opposition: Yes

Parties to apprise Court of status of adequate protection discussions. APPEARANCES REQUIRED.

Party Information

Debtor(s):

Ruby Lee Frazier Represented By Michael D Franco

Movant(s):

Riverside Century Hills, Inc. Represented By Erin A Maloney

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:18-14149


Alfredo Pena and Veronica Pena


Chapter 13


#6.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2013 TOYOTA TUNDRA


MOVANT: TOYOTA MOTOR CREDIT CORPORATION


EH     


Docket 50


Tentative Ruling:

4/14/2020


Service: Proper Opposition: Yes

Parties to apprise Court of status of adequate protection discussions. APPEARANCES REQUIRED.

Party Information

Debtor(s):

Alfredo Pena Represented By

Dana Travis Milton Williams

Joint Debtor(s):

Veronica Pena Represented By Dana Travis

Movant(s):

Toyota Motor Credit Corporation Represented By

Austin P Nagel

11:00 AM

CONT...

Trustee(s):


Alfredo Pena and Veronica Pena


Chapter 13

Rod Danielson (TR) Pro Se

11:00 AM

6:18-17676


Patricia Ellen Bond-Gomez


Chapter 13


#7.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 12247 Ponce De Leon Drive, Moreno Valley, CA 92557


MOVANT: WILMINGTON SAVINGS FUND SOCIETY, FSB


From: 1/7/20, 2/4/20, 3/3/20, 3/24/20 EH        

Docket 71


Tentative Ruling:

1/7/2020


Service is Proper Opposition: Yes

Movant to apprise Court of status of arrears. APPEARANCES REQUIRED.

Party Information

Debtor(s):

Patricia Ellen Bond-Gomez Represented By John F Brady

Movant(s):

Wilington Savings Fund Society, Represented By

Dane W Exnowski Erin M McCartney

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:18-18374


Mariama T Jobe


Chapter 7


#8.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2013 Land Rover Range Rover Sport HSE Lux Sport Utility 4D


MOVANT: EXETER FINANCE, LLC


EH     


Docket 79


Tentative Ruling:

4/14/2020


Service is Proper Opposition: None


11 U.S.C. § 362(h)(1)(A) provides:


(h)(1) In a case in which the debtor is an individual, the stay provided by subsection (a) is terminated with respect to personal property of the estate or of the debtor securing in whole or in part a claim, or subject to an unexpired lease, and such personal property shall no longer be property of the estate if the debtor fails within the applicable time set by section 521(a)(2) –

(A) to file timely any statement of intention required under section 521(a)(2) with respect to such personal property or to indicate in such statement that the debtor will either surrender such personal property or retain it and, if retaining such personal property, either redeem such personal property pursuant to section 722, enter into an agreement of the kind specified in section 524(c) applicable to the debt secured by such personal property, or assume such unexpired lease pursuant to section 365(p) if the trustee does not do so, as

11:00 AM

CONT...


Mariama T Jobe

applicable; and


Chapter 7


(emphasis added). Here, Debtor’s statement of intention does not address the subject collateral. The deadline for filing or amending the statement of intention having passed pursuant to 11 U.S.C. § 521(a)(2)(A), the automatic stay has terminated as a matter of law.

Therefore, the Court is inclined to DENY the motion as MOOT.


APPEARANCES REQUIRED.

Party Information

Debtor(s):

Mariama T Jobe Represented By Gary S Saunders

Movant(s):

Exeter Finance, LLC Represented By Cheryl A Skigin

Trustee(s):

Robert Whitmore (TR) Pro Se

11:00 AM

6:19-16881


Juan Manuel Andrade and Cecilia R Andrade


Chapter 13


#9.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2018 Jeep Compass, VIN: 3C4NJDBB9JT232190


MOVANT: SANTANDER CONSUMER USA INC


EH     


Docket 55


Tentative Ruling:

4/14/2020


Service: Proper Opposition: None


11 U.S.C. § 362(c)(4)(i) provides that


if a single or joint case is filed by or against a debtor who is an individual under this title, and if 2 or more single or joint cases of the debtor were pending within the previous year but were dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under section 707(b), the stay under subsection (a) shall not go into effect upon the filing of the later case


Here, Juan Andrade two previous Chapter 13 cases dismissed in the year preceding the instant bankruptcy case. Debtors not having filed a motion to impose the automatic stay, the automatic stay did not arise in this case. Therefore, the automatic stay never having arisen in this case, the Court is inclined to DENY the motion as MOOT.


APPEARANCES REQUIRED.

Party Information

11:00 AM

CONT...

Debtor(s):


Juan Manuel Andrade and Cecilia R Andrade


Chapter 13

Juan Manuel Andrade Represented By

J.D. Cuzzolina

Joint Debtor(s):

Cecilia R Andrade Represented By

J.D. Cuzzolina

Movant(s):

Santander Consumer USA Inc. dba Represented By

Sheryl K Ith

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-16977


Mark E Harvey


Chapter 13


#10.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 236 Castle Court, San Jacinto, CA 92583


MOVANT: GUILD MORTGAGE COMPANY


EH     


Docket 45

*** VACATED *** REASON: ORDER ENTERED 3/23/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mark E Harvey Represented By Paul Y Lee

Movant(s):

Guild Mortgage Company Represented By Nancy L Lee

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-17860


Gary L Brown and Charline R Brown


Chapter 7


#11.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2017 TOYOTA CAMRY


MOVANT: TOYOTA LEASE TRUST


EH     


Docket 40


Tentative Ruling:

4/14/2020


Service: Proper Opposition: None


The Court is inclined to:

-GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1) and (2).

-GRANT waiver of Rule 4001(a)(3) stay.

-GRANT request under ¶ 2.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

Debtor(s):

Gary L Brown Represented By Jenny L Doling

Joint Debtor(s):

Charline R Brown Represented By Jenny L Doling

Movant(s):

Toyota Lease Trust Represented By

11:00 AM

CONT...


Trustee(s):


Gary L Brown and Charline R Brown

Kirsten Martinez


Chapter 7

Karl T Anderson (TR) Pro Se

11:00 AM

6:19-19856


Robert Alan Sitarski and Heidi Ann Sitarski


Chapter 7


#12.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2013 Glastron GT185 - Power Boat; 2013 Sure-Load Trailer Notice of Motion and Motion for Relief from the Automatic Stay Under 11 U.S.C. 362


MOVANT: FIRST PREMIER BANK


EH     


Docket 24


Tentative Ruling:

4/14/2020


Service: Proper Opposition: None


The Court is inclined to:

-GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1) and (2).

-GRANT waiver of Rule 4001(a)(3) stay.

-GRANT request under ¶ 2.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

Debtor(s):

Robert Alan Sitarski Represented By Edgar P Lombera

Joint Debtor(s):

Heidi Ann Sitarski Represented By Edgar P Lombera

11:00 AM

CONT...

Movant(s):


Robert Alan Sitarski and Heidi Ann Sitarski


Chapter 7

First Premier Bank Represented By William S Brody

Trustee(s):

Arturo Cisneros (TR) Pro Se

11:00 AM

6:20-10165


Juan Diego Abril Samaniego and Maura Garcia De Abril


Chapter 7


#13.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2017 Nissan Frontier


MOVANT: NISSAN MOTOR ACCEPTANCE CORPORATION


EH     


Docket 12


Tentative Ruling:

4/14/2020


Service is Proper Opposition: None


11 U.S.C. § 362(h)(1) provides:


(h)(1) In a case in which the debtor is an individual, the stay provided by subsection (a) is terminated with respect to personal property of the estate or of the debtor securing in whole or in part a claim, or subject to an unexpired lease, and such personal property shall no longer be property of the estate if the debtor fails within the applicable time set by section 521(a)(2) –

  1. to file timely any statement of intention required under section 521(a)(2) with respect to such personal property or to indicate in such statement that the debtor will either surrender such personal property or retain it and, if retaining such personal property, either redeem such personal property pursuant to section 722, enter into an agreement of the kind specified in section 524(c) applicable to the debt secured by such personal property, or assume such unexpired lease pursuant to section 365(p) if the trustee does not do so, as applicable; and

    11:00 AM

    CONT...


    Juan Diego Abril Samaniego and Maura Garcia De Abril

  2. to take timely the action specified in such statement, as it may be amended before expiration of the period for taking action, unless such statement specifies the debtor’s intention to reaffirm such debt on the original contract terms and the creditor refuses to agree to the reaffirmation on such terms.


Chapter 7


(emphasis added). Here, Debtor’s statement of intention indicates that he will surrender the property. Pursuant to 11 U.S.C. § 521(a)(2)(B), the time to perform the intention indicated in the statement of intention is within thirty days of the date of the first meeting of creditors; in this case, that deadline was March 12, 2020. Therefore, either the automatic stay has terminated pursuant to § 362(h)(1)(B), due to Debtor’s failure to timely perform the action specified in the statement of intention, or the automatic stay has terminated due to § 362(c)(1), due to the subject property being surrendered and being no longer property of the estate. Therefore, the Court is inclined to DENY the motion as MOOT.


APPEARANCES REQUIRED.

Party Information

Debtor(s):

Juan Diego Abril Samaniego Represented By Miguel A Valente

Joint Debtor(s):

Maura Garcia De Abril Represented By Miguel A Valente

Movant(s):

Nissan Motor Acceptance Represented By Kirsten Martinez

Trustee(s):

Arturo Cisneros (TR) Pro Se

11:00 AM

6:20-10428


Larry M Carter and Deborah K Carter


Chapter 7


#14.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 34778 Hickory Lane, Wildomar, CA 92529


MOVANT: 2ND CHANCE MORTGAGES INC


EH     


Docket 9


Tentative Ruling:

4/14/2020


Service: Improper Opposition: None


The proof of service attached to the motion indicates that the only people served with the motion were Larry Carter and Debtors’ attorney, Kevin Tang. Local Rule

4001-1(c)(1)(C) requiring service on the Chapter 7 trustee and the holder of other liens affecting the subject real property, service of the instant motion was improper. Further, the motion states at page 8 that there is an exhibit 4, but there appears to not be an exhibit 4. Therefore, the Court is inclined to DENY the motion.


APPEARANCES REQUIRED.

Party Information

Debtor(s):

Larry M Carter Represented By Kevin Tang

Joint Debtor(s):

Deborah K Carter Represented By Kevin Tang

11:00 AM

CONT...

Movant(s):


Larry M Carter and Deborah K Carter


Chapter 7

2nd Chance Mortgages Inc. Represented By Henry D Paloci

Trustee(s):

Robert Whitmore (TR) Pro Se

11:00 AM

6:20-11031


Amy Beth Blaskovich


Chapter 7


#15.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 23838 Timothy Avenue, Murrieta, Califronia 92562-2261


MOVANT: THE BANK OF NEW YORK MELLON


EH     


Docket 10


Tentative Ruling:

4/14/2020


Service: Proper Opposition: None


The Court is inclined to:

-GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1) and (2).

-GRANT waiver of Rule 4001(a)(3) stay.

-GRANT requests under ¶¶ 2 and 3.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

Debtor(s):

Amy Beth Blaskovich Pro Se

Movant(s):

The Bank of New York Mellon, f/k/a Represented By

Erin M McCartney

Trustee(s):

Howard B Grobstein (TR) Pro Se

11:00 AM

6:20-11613


Brian R. Puza


Chapter 7


#16.00 Notice of motion and motion for relief from the automatic stay with supporting declarations UNLAWFUL DETAINER RE: 1005 N. Center Ave. #12106, Ontario, CA 91764


MOVANT: ERP OPERATING LIMITED PARTNERSHIP


EH     


Docket 8


Tentative Ruling:

4/14/2020


Service: Proper Opposition: None


The Court is inclined to:

-GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1) and (2).

-GRANT waiver of Rule 4001(a)(3) stay.

-GRANT request under ¶ 2.

- Regarding Movant’s request to annul the automatic stay, the Bankruptcy Appellate Panel, in In re Fjeldsted, noted the absence of a clear standard for annulment of the automatic stay. 293 B.R. 12, 21 (B.A.P. 9th Cir. 2003) ("There is less appellate clarity, however, in enunciating a test for retroactive stay relief. Inconsistent standards have thus developed, which run the gamut from such relief being justified only in ‘extreme circumstances’ to giving the court ‘wide latitude’ to ‘balance the equities’ on a case- by-case basis."). More recently, the Bankruptcy Appellate Panel stated the following regarding the standard for annulment of the automatic stay:


Determining whether cause exists to annul the stay is a case-by-case inquiry based on a balance of the equities. In conducting this inquiry the bankruptcy court, among other factors, should consider whether the creditor knew of the

11:00 AM

CONT...


Brian R. Puza

bankruptcy when violating the stay and whether the debtor’s conduct was unreasonable, inequitable or prejudicial to the creditor.


Chapter 7


In Fjeldsted, we approved additional factors for consideration in assessing the equities. The twelve nonexclusive factors are: (1) number of filings; (2) whether, in a repeat filing case, the circumstances indicate an intention to delay and hinder creditors; (3) a weighing of the extent of prejudice to creditors or third parties if the stay relief is not made retroactive, including whether harm exists to a bona fide purchaser; (4) the debtor’s overall good faith (totality of circumstances test); (5) whether creditors knew of stay but nonetheless took action, thus compounding the problem; (6) whether the debtor has complied, and is otherwise complying, with the Bankruptcy Code and Rules; (7) the relative ease of restoring parties to the status quo ante; (8) the costs of annulment to debtors and creditors; (9) how quickly creditors moved for annulment, or how quickly debtor moved to set aside the sale or violative conduct; (10) whether, after learning of the bankruptcy, creditors proceeded to take steps in continued violation of the stay, or whether they moved expeditiously to gain relief; (11) whether annulment of the stay will cause irreparable injury to the debtor; and (12) whether stay relief will promote judicial economy or other efficiencies. The Panel in Fjeldsted cautioned that the twelve factors are merely a framework for analysis and not a scorecard, and that in any given case, one factor may so outweigh the others as to be dispositive.


In re Estavan Capital LLC, 2015 WL 7758494 at *5 (B.A.P. 9th Cir. 2015) (citations and quotations omitted); see also In re Nat’l Envtl. Waste Corp., 129 F.3d 1052, 1055 (9th Cir. 1997) ("Many courts have focused on two factors in determining whether cause exists to grant relief from the stay: (1) whether the creditor was aware of the bankruptcy petition; and (2) whether the debtor engaged in unreasonable or inequitable conduct, or prejudice would result to the creditor.").


Fjeldsted cautioned that the enumerated factors are not a scorecard, but the standards

11:00 AM

CONT...


Brian R. Puza


Chapter 7

articulated above weigh in favor of annulling the stay in this case. Movant filed a UD complaint three days prior to the petition date, but did not serve the UD complaint until after Debtor filed the instant bankruptcy. Debtor not having listed Movant or an agent in the creditor mailing matrix, it would appear that Movant did not have knowledge of the bankruptcy filing at the time the UD complaint was served.

Additionally, Movant does not appear to have taken any further actions in violation of the automatic stay and Movant promptly moved to seek relief from the automatic stay. The two primary factors articulated by the Ninth Circuit in In re Nat’l Evtl. Waste Corp. both heavily weighing in favor of annulling the automatic stay, and Debtor not having filed any opposition to the instant motion, which the Court deems consent to the relief requested pursuant to Local Rule 9013-1(h), the Court is inclined to GRANT the motion, annulling the automatic stay retroactive to the petition date.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

Debtor(s):

Brian R. Puza Represented By

Keith Q Nguyen

Movant(s):

ERP OPERATING LIMITED Represented By Scott Andrews

Trustee(s):

Todd A. Frealy (TR) Pro Se

11:00 AM

6:20-11701


Javier Rodriguez and Erika Rebeca Perez Gutierrez


Chapter 7


#17.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2018 Ford Focus, VIN: 1FADP3M26JL223871


MOVANT: FORD MOTOR CREDIT COMPANY LLC


EH     


Docket 15


Tentative Ruling:

4/14/2020


Service: Proper Opposition: None


The Court is inclined to:

-GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1) and (2).

-GRANT waiver of Rule 4001(a)(3) stay.

-GRANT request under ¶ 2.

-DENY alternative request under ¶ 11 as moot.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

Debtor(s):

Javier Rodriguez Represented By

George C Panagiotou

Joint Debtor(s):

Erika Rebeca Perez Gutierrez Represented By

George C Panagiotou

11:00 AM

CONT...

Movant(s):


Javier Rodriguez and Erika Rebeca Perez Gutierrez


Chapter 7

Ford Motor Credit Company LLC Represented By

Sheryl K Ith

Trustee(s):

Lynda T. Bui (TR) Pro Se

11:00 AM

6:20-11912


Citlali Selene Ramirez Ramirez and Kristina Ramirez


Chapter 7


#18.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2017 Honda Accord, VIN: 1HGC R2F6 2HA0 73372


MOVANT: AMERICAN HONDA FINANCE CORPORATION


EH     


Docket 9


Tentative Ruling:

4/14/2020


Service: Proper Opposition: None


The Court is inclined to:

-GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1) and (2).

-GRANT waiver of Rule 4001(a)(3) stay.

-GRANT request under ¶ 2.

-DENY alternative request under ¶ 11 as moot.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

Debtor(s):

Citlali Selene Ramirez Ramirez Represented By Brian J Soo-Hoo

Joint Debtor(s):

Kristina Ramirez Estanislao Represented By Brian J Soo-Hoo

11:00 AM

CONT...

Movant(s):


Citlali Selene Ramirez Ramirez and Kristina Ramirez


Chapter 7

American Honda Finance Represented By Vincent V Frounjian

Trustee(s):

Robert Whitmore (TR) Pro Se

11:00 AM

6:20-11978


Robert Joseph Slapp, III


Chapter 13


#19.00 Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate 34119 Galleron St., Temecula, CA 92592


MOVANT: ROBERT JOSEPH SLAPP, III


EH     


Docket 15


Tentative Ruling:

4/14/2020


Service: Proper Opposition: None


In this case, a statutory presumption of bad faith arises pursuant to11

U.S.C. § 362(c)(4)(D)(i)(I)-(II) because Debtor had (a) three bankruptcy cases dismissed in the previous year; and (b) had a case dismissed for failure to file requirement documents. Section 362(c)(4)

(D) requires that the statutory presumption of bad faith be rebutted by "clear and convincing evidence." Here, the evidence submitted to the Court merely implies that Debtor has a higher paying job now, without any detail describing the change in Debtor’s financial circumstances. As a result, the Court is inclined to CONTINUE the matter for Debtor to provide supplemental evidence.


APPEARANCES REQUIRED.

Party Information

Debtor(s):

Robert Joseph Slapp III Represented By Nicholas M Wajda

11:00 AM

CONT...

Movant(s):


Robert Joseph Slapp, III


Chapter 13

Robert Joseph Slapp III Represented By Nicholas M Wajda Nicholas M Wajda

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-12183


John Anthony Percell


Chapter 13


#20.00 Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate Real Property-13096 Le Parc, Unit 72, Chino Hills, CA 91709 (AMENDED)


MOVANT: JOHN ANTHONY PERCELL


EH     


Docket 15


Tentative Ruling:

4/14/2020


Service: Proper Opposition: None


11 U.S.C. § 362(c)(3)(C)(i)(III) provides for a statutory presumption that a case was filed in bad faith if "there has not been a substantial change in the financial or personal affairs of the debtor." The Court interprets this provision as requiring a debtor to provide evidence indicating that the reasons that caused the previous case to be dismissed are not likely to reoccur in the instant case.


Here, the previous case was dismissed due to preconfirmation compliance issues. Specifically, the case was dismissed due to Debtor’s failure to timely transmit required documentation to the Chapter 13 Trustee. Here, the instant motion does not contain any evidence addressing the reason the previous case was dismissed or indicating that those issues are not likely to persist in the instant case.


The Court is inclined to CONTINUE the matter to April 15, 2020, for Debtor to file a supplemental declaration establishing the required substantial change in circumstances.


APPEARANCES REQUIRED.

11:00 AM

CONT...


Debtor(s):


John Anthony Percell


Party Information


Chapter 13

John Anthony Percell Represented By Daniel King

Movant(s):

John Anthony Percell Represented By Daniel King

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-12307


Pamela M Bradford


Chapter 13


#21.00 Amended Motion (related document(s): 11 Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate 5744 Alexandria Ave., Corona, CA 92880 . filed by Debtor Pamela M Bradford) Amended Motion to Continue the Automatic Stay (Hornbuckle, James)


MOVANT: PAMELA M. BRADFORD


EH     


Docket 15


Tentative Ruling:

4/14/2020


Service: Proper Opposition: None


The Court having reviewed the motion, notice appearing proper and no opposition having been filed, the Court is inclined to find that Debtor has provided sufficient evidence to rebut the statutory presumption arising under 11 U.S.C. § 362(c)(3)(C)(II) (cc) that the case was not filed in good faith, and, as a result, the Court is inclined to CONTINUE the automatic stay as to secured creditors.


APPEARANCES REQUIRED.

Party Information

Debtor(s):

Pamela M Bradford Represented By

James D. Hornbuckle

Movant(s):

Pamela M Bradford Represented By

James D. Hornbuckle

11:00 AM

CONT...

Trustee(s):


Pamela M Bradford


Chapter 13

Rod Danielson (TR) Pro Se

2:00 PM

6:19-10279


Thomas Mount


Chapter 7

Adv#: 6:19-01050 Baker et al v. Mount


#22.00 CONT Motion for Terminating Sanctions and Award of Attorney's Fees and Costs


From: 4/1/20 EH     

Docket 51

*** VACATED *** REASON: CONTINUED TO 5/13/20 AT 2:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Thomas Mount Represented By Christopher Hewitt

Defendant(s):

Thomas Mount Represented By Donald W Reid

Movant(s):

Thomas Mount Represented By Donald W Reid

Plaintiff(s):

Jonathan Baker Represented By Baruch C Cohen

Baker Entertainment Group Represented By Baruch C Cohen

Trustee(s):

Charles W Daff (TR) Pro Se

2:00 PM

CONT...


Thomas Mount


Chapter 7

9:30 AM

6:18-16831


Young Jin Yoon


Chapter 7

Adv#: 6:18-01210 Kim v. Yoon et al


#1.00 Trial Re: [1] Adversary case 6:18-ap-01210. Complaint by Vivian Kim against Young Jin Yoon, Hyunmyung Park, Joshua Park. false pretenses, false representation, actual fraud, 72 - Injunctive relief - other, 13 - Recovery of money/property - 548 fraudulent transfer, 68 - Dischargeability - 523(a)(6), willful and malicious injury


From: 1/9/19, 7/31/19, 10/16/19, 4/13/20, 4/14/20


EH     


Docket 1

*** VACATED *** REASON: CONTINUED TO 9/14/20 AT 9:30 A.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Young Jin Yoon Represented By Ji Yoon Kim

Defendant(s):

Young Jin Yoon Represented By Ji Yoon Kim

Hyun Myung Park Represented By Ji Yoon Kim

Joshua Park Represented By

Ji Yoon Kim

Plaintiff(s):

Vivian Kim Represented By

Jiyoung Kym

9:30 AM

CONT...

Trustee(s):


Young Jin Yoon


Chapter 7

Robert Whitmore (TR) Pro Se

11:00 AM

6:13-22215


Arturo Rojas and Maria Pineda


Chapter 7


#2.00 Motion to Reopen Chapter 7 Case EH     

Docket 18

Tentative Ruling:

4/15/20

BACKGROUND


On July 17, 2013 (hereinafter "Petition Date"), Arturo Rojas (hereinafter "Debtor") and Maria Pineda (hereinafter "Joint Debtor") (collectively "Debtors") filed a Chapter 7 voluntary petition. In their commencement documents, Debtors included as unsecured creditors Citibank South Dakota (hereinafter "Citibank"), owed a claim in the amount of $2,054.00, and Portfolio Recovery Associates (hereinafter "PFA"), owed a claim in the amount of $13,300.00. Dkt. No.1


On August 21, 2013, the Chapter 7 Trustee, Todd A. Frealy, reported that there were no assets to the estate and certified that the estate has been full administered. Pursuant to Rule 2002(e), a "no asset notice" was given. Concurring with the notice, no deadline to file claims was set. In re Corgiat, 123 Bankr. 338, 389 (Bankr. E.D. Cal. 1991). On October 28, 2013, the Court granted Debtors a discharge pursuant to 11 U.S.C. §727. Dkt. No. 15.


Sometime in the near past, Debtors decided to sell their real property at 2902 Poplar Cir., Rialto, CA 92376 (hereinafter the "Property"). Dkt. No. 18. Their house was purchased, and, around that time, Debtors’ Title Report notified them of liens held by Citibank and PFA on the Property. Id. Debtors allege that they were unaware of any litigation against them let alone the recording of the abstract judgments. Id.

Both liens were recorded in 2011, which was prior to Debtor’s Petition Date. Debtors

11:00 AM

CONT...


Arturo Rojas and Maria Pineda


Chapter 7

have filed this motion to reopen this case, so they may amend their Schedule D and discharge the subject debts.


DISCUSSION


Pursuant to 11 U.S.C. § 350(b), "a case may be reopened in the court in which such case was closed to administer assets, to accord relief to the debtor, or for other cause." "A case may be reopened on motion of the debtor or other party in interest…" Fed. R. Bankr. P. 5010.


In determining whether to reopen a case, the Bankruptcy Court may consider numerous factors, including (1) the benefit to creditors, (2) the benefit to debtor, (3) the prejudice to affected parties, (4) the availability of relief in other forums, (5) whether the estate has been fully administered, (6) the length of time between the closing of the case and the motion to reopen, and (7) good faith. In re Consol.

Freightways. Corp., 553 B.R. 396, 399 (Bankr. C.D. Cal. 2016).


In a typical "no asset" Chapter 7 case, the debtor’s failure to list a creditor does not, in and of itself, make the creditor’s claim nondischargeable. Beezley v. Cal. Land Tittle Co., 994 F.2d 1433, 1437 (9th Cir. Ct. App. 1993). In other words, where 11

U.S.C. § 523 does not except a prepetition debt from discharge, the debt remains within the scope of the discharge afforded by 11. U.S.C. § 727. Id. Because Debtors’ case was a "no asset" Chapter 7 case, where there were no applicable exemptions under 11 U.S.C. § 523 nor a bar date set, a reopening of this case would be a useless gesture—it has no legal effect.


In this case, after the discharge was given under 11 U.S.C. § 727, the Debtors were not personally liable for the debts to Citibank and PFA. However, being pre- petition liens, to the extent the debts are secured by the collateral, they survive pursuant to the ride-through doctrine unless they are avoided. Debtors can avoid a lien several ways including pursuant to 11 U.S.C. § 522(f).


TENTATIVE RULING

11:00 AM

CONT...


Arturo Rojas and Maria Pineda


Chapter 7


For the reasons stated above, the Court is inclined to DENY the motion without prejudice.


APPEARANCES REQUIRED.


Party Information

Debtor(s):

Arturo Rojas Represented By

Michael H Colmenares Kenneth D Sisco

Joint Debtor(s):

Maria Pineda Represented By

Michael H Colmenares Kenneth D Sisco

Movant(s):

Arturo Rojas Represented By

Michael H Colmenares Kenneth D Sisco

Maria Pineda Represented By

Michael H Colmenares Michael H Colmenares Michael H Colmenares Kenneth D Sisco Kenneth D Sisco Kenneth D Sisco

Trustee(s):

Todd A. Frealy (TR) Pro Se

11:00 AM

6:18-16149


Richard Garavito


Chapter 7


#3.00 Motion RE: Objection to Claim Number 8 by Claimant Taylor Family Trust Also #4

EH     


Docket 266

Tentative Ruling:

4/15/20


BACKGROUND:

On July 23, 2018 (hereinafter "Petition Date"), Richard Garavito (hereinafter "Debtor") filed for a Chapter 11. In his commencement documents, Debtor identified Taylor Family Trust (hereinafter "TFT") as a secured creditor owed $1,350,000. Dkt. No. 15.


On October 3, 2018, TFT filed an Official Form 410, Proof of Claim (hereinafter "Claim 8-1"), stating that it was owed $1,372,381.82, and its claim was secured fully by the Debtor’s residence at 5065 Brooks Street, Montclair, CA 91763 (hereinafter the "Property"). Claim 8-1 was based on a note secured by a deed of trust.


The case was converted to a Chapter 7 on December 6, 2019. On February 20, 2019, the Court authorized the sale of the Property. Debtor was not able to find a buyer, and the Property was sold at foreclosure sale on May 3, 2019.


Being the senior lienholder, TC was presumably satisfied in full or largely from the sale proceeds. TC’s claim was in the amount of $55,093.21. The purchase price of the Property was $1,325,000.00 and the documentary transfer tax was

$1,457.50. Dkt. No. 266, Ex. 2.

11:00 AM

CONT...


Richard Garavito

On March 13, 2020, Debtor filed this motion claiming that, because of


Chapter 7

Property being foreclosed on and sold, Claim 8-1 should either be reduced in its entirety or, in the alternative, reduced substantially.


ANALYSIS:


Here, movant has presented evidence of the foreclosure sale and that the Trust’s claim was paid-off in full or in large part from the sale proceeds. The burden thus shifts to TFT to provide evidence to either show it was not paid-off from the sale proceeds. Not responding to this motion, TFT has failed to meet its burden.

Furthermore, failure to posse deemed consent pursuant to LBR 9013-1(h) to the relief requested.


TENTATIVE RULING:


Based on the foregoing, the Court GRANTS this motion and disallows Claim 8-1 in its entirety.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


Party Information

Debtor(s):

Richard Garavito Represented By Todd L Turoci

Movant(s):

Richard Garavito Represented By Todd L Turoci

11:00 AM

CONT...

Trustee(s):


Richard Garavito


Chapter 7

Steven M Speier (TR) Represented By Rika Kido

11:00 AM

6:18-16149


Richard Garavito


Chapter 7


#4.00 Motion RE: Objection to Claim Number 5 by Claimant County of San Bernardino, Office of the Tax Collector


Also #3 EH     

Docket 265

Tentative Ruling:

4/15/20


BACKGROUND:

On July 23, 2018 (hereinafter "Petition Date"), Richard Garavito (hereinafter "Debtor") filed for a Chapter 11. In his commencement documents, Debtor identified County of San Bernardino Office of the Tax Collector (hereinafter "TC") as a secured creditor owed $30,230.00. Dkt. No. 15.

On August 6, 2018, TC filed an Official Form 410, Proof of Claim (hereinafter "Claim 5-1"), stating that it was owed $55,093.21, and its claim was secured fully by the Debtor’s residence at 5065 Brooks Street, Montclair, CA 91763 (hereinafter the "Property"). Claim 5-1 was based on taxes.

The case was converted to a Chapter 7 on December 6, 2019. On February 20, 2019, the Court authorized the sale of the Property. Debtor was not able to find a buyer, and the Property was sold at foreclosure sale on May 3, 2019. However, after a few months had passed, TC foreclosed on the Property. Id. The Property was later sold on May 3, 2019. Dkt. No. 265, Ex. 2.


Being a senior lienholder, TC was presumably satisfied from the sale proceeds.

No. 265, Pg. 3. The purchase price, $1,325,000.00 of the Property was substantially greater than the Claim 5-1. Dkt. No. 265, Ex. 2. Therefore, Debtor claims that Claim 5-1 should be disallowed in its entirety.

11:00 AM

CONT...


Richard Garavito

On March 23, 2020, after this motion was filed, TC filed an amended Official


Chapter 7

Form 410, Proof of Claim (hereinafter "Claim 5-2"). TC states that Claim 5-2 is in the amount of $0.00. Therefore, for all practical purposes, TC has withdrawn Claim 5-1, or it has been amended y Claim 5-2.


ANALYSIS:


The issue appears resolved by TC’s amendment of Claim 5-1.


TENTATIVE RULING:


Based on the foregoing, the Court DENIES the motion as moot based on the TC amendment of Claim 5-1.

APPEARANCES REQUIRED.

Party Information

Debtor(s):

Richard Garavito Represented By Todd L Turoci

Movant(s):

Richard Garavito Represented By Todd L Turoci

Trustee(s):

Steven M Speier (TR) Represented By Rika Kido

11:30 AM

6:20-12785


Kiara Gonzalez


Chapter 7


#4.10 Application for Waiver of Chapter 7 Filing Fees EH     

Docket 7


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Kiara Gonzalez Pro Se

Trustee(s):

Todd A. Frealy (TR) Pro Se

2:00 PM

6:18-17663


Stephen Richard Morales


Chapter 7

Adv#: 6:18-01242 Forniss et al v. Morales et al


#5.00 CONT Status Conference RE: [1] Adversary case 6:18-ap-01242. Complaint by Steven John Forniss against Stephan Richard Morales, Diane Forniss Morales, Todd Turoci. 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)) (Firman, Fritz)


From: 3/6/19, 3/13/19, 5/22/19, 8/28/19, 12/4/19, 12/18/19, 1/8/20, 3/11/20,

4/1/20


EH     


Docket 1

*** VACATED *** REASON: JUDGMENT ENTERED 4/10/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Stephen Richard Morales Represented By Todd L Turoci

Defendant(s):

Stephan Richard Morales Pro Se

Diane Forniss Morales Pro Se

Joint Debtor(s):

Diane Forniss Morales Represented By Todd L Turoci

Plaintiff(s):

Stephen Forniss Represented By Fritz J Firman

2:00 PM

CONT...


Stephen Richard Morales


Chapter 7

Alfonso Forniss Represented By Fritz J Firman

Trustee(s):

Karl T Anderson (TR) Pro Se

2:00 PM

6:18-10939


Vance Zachary Johnson


Chapter 7

Adv#: 6:18-01106 Bankers Healthcare Group, LLC v. Johnson


#6.00 Motion to Extend Discovery Deadline Also #7

EH     


Docket 51

Tentative Ruling: 4/15/20

BACKGROUND


On February 7, 2018 (herein after "Petition Date"), Vance Zachary Johnson (hereinafter "Defendant-Debtor") filed a Chapter 11 voluntary petition. A few months later, Bankers Healthcare Group, LLC (hereinafter "Plaintiff-Creditor") filed an adversary proceeding against Defendant-Debtor.


Plaintiff-Creditor, in the adversary compliant, asked the Court to determine the dischargeability of its claim against Defendant-Debtor. Plaintiff-Creditor alleged that it loaned $514,245.00 to Temecula Valley Pain Medical Group, Inc (hereinafter "TVPMG") under material false representations made by Defendant-Debtor, who is a hundred-percent owner of TVPMG, and Defendant-Debtor willfully and maliciously injured Plaintiff-Creditor by the acts or omission in obtaining of said loan. Dkt. No. 1. Defendant-Debtor answered the complaint denying Plaintiff-Creditor’s allegations.

Dkt. No. 11.


On July 29, 2018, Plaintiff-Creditor and Defendant-Debtor submitted a Joint Status Report. Dkt. No. 13. A Scheduling Order was entered by the Court, setting the last day for discovery to be completed on January 31, 2019. Dkt. No.14.


Before the deadline was reached, Plaintiff-Creditor and Defendant-Debtor filed a stipulation asking for discovery deadline be extended to March 31, 2019. Dkt.

2:00 PM

CONT...


Vance Zachary Johnson


Chapter 7

No. 20. The Court granted the stipulation. Dkt. No. 21.


For the next few months, Plaintiff-Creditor and Defendant-Debtor had multiple hearings about Plaintiff-Creditor’s motion for summary judgment. On August 28, 2019, the Court denied the Plaintiff-Creditor’s motion for summary judgment. A Status Report and stipulation to continue the Status Conference to March 25, 2020 was filed. Dkt. No. 46.


On March 26, 2020, Plaintiff-Creditor filed this motion to extend the discovery deadline. Dkt. No. 51. To support this motion, Plaintiff-Creditor claims that Defendant-Debtor failed to comply with its discovery request: (1) Defendant Debtor produced incomplete set of bank account statements, which where produced a month later than Defendant-Debtor stated it would be delivered, and (2) Defendant-Debtor had not listed preferred times for him to be deposed by Plaintiff-Creditor. Id. at Pg.

3-5. On April 15, Defendant-Debtor filed a response to this motion. Defendant-Debtor "does not oppose the relief requested…but disputes altogether he has not fully cooperated with discovery…" Dkt. No. 54.


DISCUSSION


Under Fed. R. Bankr. P. 16(b)(4), a schedule may be modified only for good cause and with the judge’s consent. "Good cause" means the scheduling deadlines cannot be met despite the party’s diligence.


Here, the Defendant-Debtor has filed a conditional non-opposition to Plaintiff-Creditor’s request, which is based on allegations of delay by Debtor and other problems with discovery.


TENTATIVE RULING

Opposition: Defendant-Debtor Service: Proper


For the reasons stated above, the Court GRANTS this motion, extended the discovery deadline for ninety days to June 30, 2020.

2:00 PM

CONT...


Vance Zachary Johnson


Chapter 7

APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


Party Information

Debtor(s):

Vance Zachary Johnson Represented By Robert P Goe

Defendant(s):

Vance Zachary Johnson Represented By Robert P Goe Stephen Reider

Movant(s):

Bankers Healthcare Group, LLC Represented By

Todd L Turoci

Plaintiff(s):

Bankers Healthcare Group, LLC Represented By

Todd L Turoci

Trustee(s):

Todd A. Frealy (TR) Represented By Monica Y Kim

2:00 PM

6:18-10939


Vance Zachary Johnson


Chapter 7

Adv#: 6:18-01106 Bankers Healthcare Group, LLC v. Johnson


#7.00 CONT Status Conference RE: [1] Adversary case 6:18-ap-01106. Complaint by Bankers Healthcare Group, LLC against Vance Zachary Johnson. 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))


From: 7/10/18, 2/20/19, 4/24/19, 7/3/19, 7/17/19, 8/21/19, 11/20/19, 1/29/20, 3/25/20, 4/1/20


Also #6 EH         

Docket 1


Tentative Ruling:

4/15/20

TENTATIVE RULING

Opposition: None Service: Proper


Pursuant to the stipulation agreement between Bankers Health Care Group, LLC, and Vance Zachary Johnson, the Court GRANTS this stipulation to continue Status Conference to July 1, 2020. A Status Report is due on June 24, 2020.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


Party Information

Debtor(s):

Vance Zachary Johnson Represented By Robert P Goe

2:00 PM

CONT...


Vance Zachary Johnson


Chapter 7

Defendant(s):

Vance Zachary Johnson Represented By Robert P Goe Stephen Reider

Plaintiff(s):

Bankers Healthcare Group, LLC Represented By

Todd L Turoci

Trustee(s):

Todd A. Frealy (TR) Represented By Monica Y Kim

9:30 AM

6:18-16831


Young Jin Yoon


Chapter 7

Adv#: 6:18-01210 Kim v. Yoon et al


#1.00 Trial Re: [1] Adversary case 6:18-ap-01210. Complaint by Vivian Kim against Young Jin Yoon, Hyunmyung Park, Joshua Park. false pretenses, false representation, actual fraud, 72 - Injunctive relief - other, 13 - Recovery of money/property - 548 fraudulent transfer, 68 - Dischargeability - 523(a)(6), willful and malicious injury


From: 1/9/19, 7/31/19, 10/16/19, 4/13/20, 4/14/20, 4/15/20


EH     


Docket 1

*** VACATED *** REASON: CONTINUED TO 9/14/20 AT 9:30 A.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Young Jin Yoon Represented By Ji Yoon Kim

Defendant(s):

Young Jin Yoon Represented By Ji Yoon Kim

Hyun Myung Park Represented By Ji Yoon Kim

Joshua Park Represented By

Ji Yoon Kim

Plaintiff(s):

Vivian Kim Represented By

Jiyoung Kym

9:30 AM

CONT...

Trustee(s):


Young Jin Yoon


Chapter 7

Robert Whitmore (TR) Pro Se

11:00 AM

6:17-12232


Margarito Martinez


Chapter 13

Adv#: 6:19-01051 Martinez v. Garza et al


#2.00 CONT Motion for Default Judgment From : 3/19/20

Also #3 EH     

Docket 55

Tentative Ruling:

3/19/20

BACKGROUND


On March 21, 2017, Margarito Martinez ("Plaintiff") filed a Chapter 13 voluntary petition. On July 19, 2017, Plaintiff’s Chapter 13 plan was confirmed.


On March 15, 2019, Debtor filed a complaint against Cesar Garza ("Garza"), Noe Pelayo, George Macias ("Macias"), Flor Valladares, Henry Gonzalez, West Coast Plus Realty, Inc., Grand Capital Group, and M&M Associates (collectively, "Defendants") for (1) turnover of property; and (2) conversion. On October 18, 2019, default was entered against Defendants. The only party that filed an answer was Macias. Plaintiff took no further action with regard to M&M Associates. The Court entered default against the remainder of Defendants on February 19, 2020. On February 20, 2020, Plaintiff filed a motion for default judgment.


Plaintiff’s complaint relates to attempts to refinance his mortgage during 2016. The

11:00 AM

CONT...


Margarito Martinez


Chapter 13

complaint asserts that "Garza convinced Plaintiff that he should instead sell his home to a third party who would allow [Plaintiff] to continue to reside in the property and eventually repurchase the property." Garza arranged for four individuals to purchase the property, but, as part of the purchase, additional cash in the amount of $21,750 would have to be paid by Plaintiff. Paragraph 21 of the complaint states that: "Garza told Plaintiff that he was not allowed to put the money directly into escrow and that he instead would have to make payments to different entities and Garza would then deposit these funds into the open escrow." Subsequently, Plaintiff made six payments from a 401k loan, totaling $21,378 (the "Funds"), four of which were made to entities related to Garza, and two of which were made to individuals allegedly associated with Garza.


The subsequent history of the Funds is less than clear. The final payment was made approximately four months before Plaintiff filed the instant bankruptcy petition.

According to the complaint, Garza claimed to be holding the Funds in escrow at the time the bankruptcy petition was filed, repeatedly stated that he would return the Funds, but now Garza has admitted that he spent the funds on a new business venture.


DISCUSSION



  1. Entry of Default



    FED. R. CIV. P. Rule 55 states that "[w]hen a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party’s default." Fed. R. Civ. P. 55(a). Local Rule 7055-1 provides further requirements relating to a motion for entry of default judgment, and those requirements have been substantially satisfied here.


  2. Motion for Default Judgment

    11:00 AM

    CONT...


    Margarito Martinez


    Chapter 13


    1. Proper Service of Summons and Complaint


      FED. R. BANKR. P. Rule 7004(b)(1) states, in part:


      1. ervice may be made within the United States by first class mail postage prepaid as follows:


        1. Upon an individual other than an infant or incompetent, by mailing a copy of the summons and complaint to the individual’s dwelling house or usual place of abode or to the place where the individual regularly conducts a business or profession.


      The Court notes that Plaintiff has used two different service addresses for this action:

      (1) 15526 Amar Rd., La Puente, CA 91744 (for Garza, Henry Gonzalez, Flor Valladares, and Grand Capital Group); and (2) 1731 Pass and Covina Rd., La Puente, CA 91744 (for Noe Pelayo and West Coast Plus Realty). Plaintiff has not provided any evidence establishing the source of appropriateness of these service addresses.


    2. Merits of Plaintiff’s claim


      Upon default, the factual allegations of the complaint, except those relating to the amount of damages, will be taken as true. TeleVideo Systems, Inc. v. Heidenthal, 826 F.2d 915, 917 (9th Cir. 1987); see also Almog v. Golden Summit Investors Group, Ltd., 2012 WL 12867972 at *4 (C.D. Cal. 2012) ("When reviewing a motion for default judgment, the Court must accept the well-pleaded allegations of the complaint relating to liability as true.").

      11:00 AM

      CONT...


      Margarito Martinez


      Chapter 13


      Here, the complaint includes two causes of action: (1) turnover of property of the estate; and (2) conversion.


      Regarding the cause of action for turnover, 11 U.S.C. § 542(a) states:


      Except as provided in subsection (c) or (d) of this section, an entity, other than a custodian, in possession, custody, or control, during the case, of property that the trustee may use, sell, or lease under section 363 of this title, or that the debtor may exempt under section 522 of this title, shall deliver to the trustee, and account for, such property or the value of such property, unless such property is of inconsequential value or benefit to the estate.


      The standard for a turnover action is well established:


      "To prevail in a turnover action under § 542, the party seeking turnover must establish (1) that the property is or was in the possession, custody or control of an entity during the pendency of the case, (2) that the property may be used by the trustee in accordance with § 363 or exempted by the debtor under § 522; and (3) that the property has more than inconsequential value or benefit to the estate."


      In re Bailey, 380 B.R. 486, 490 (B.A.P. 6th Cir. 2008); see also In re Newman, 487

      B.R. 193 (B.A.P. 9th Cir. 2013). The complaint contains sufficient evidence to establish the first and third prongs of this test. Regarding the first prong, the complaint states, in paragraph 26, that: "[a]t the time the Bankruptcy Case was filed, Garza claimed to be holding the Funds in escrow for Plaintiff." Regarding the third prong, the value of the funds at issue, and the absence of any claim secured by the Funds, sufficiently establishes that the Funds are of more than inconsequential value to the estate. Regarding the second prong, the Court concludes that the allegations in the

      11:00 AM

      CONT...


      Margarito Martinez


      Chapter 13

      complaint are sufficiently clear to establish that the Plaintiff had some property interest in the Funds and that that property interest could have been exempted.


      The Court notes, however, an issue with the request for turnover. First, while the complaint requests turnover as to all defendants, paragraph 26 of the complaint indicates that it was specifically Garza who had possession of the Funds at the time of the bankruptcy filing. The complaint does not contain any allegations that any other defendant had possession or control of the Funds postpetition, and, as a result, only a judgment against Garza appears appropriate.


      Regarding the cause of action for conversion, "[t]he elements of conversion are (1) the plaintiff’s ownership or right to possession of the property; (2) the defendant’s conversion by wrongful act inconsistent with the property rights of the plaintiff; and

      (3) damages." In re Emery, 317 F.3d 1064, 1069 (9th Cir. 2003). "It is not necessary that there be a manual taking of the property; it is only necessary to show an assumption of control or ownership over the property, or that the alleged converted has applied the property to his own use." Shopoff & Cavallo LLP v. Hyon, 167 Cal. App. 4th 1489, 1507 (Cal. Ct. App. 2008). Here, Plaintiff has adequately alleged (a) a right to possession of the funds; (b) Garza’s conversion of the funds to his own personal use; and (c) damages. As was stated in the preceding paragraph, however, the only defendant alleged to have committed conversion in the complaint is Garza.


      Nevertheless, the Court notes that it has an independent duty to consider whether subject-matter jurisdiction is present. It is not clear that the Court has jurisdiction to enter a money-judgment by way of default on a state law, post-confirmation claim, in a Chapter 13 case.


    3. Amount of Damages


Plaintiff’s complaint contains sufficiently detailed allegations to substantiate the

$21,378 in actual damages. The complaint and the motion for default judgment do not, however, provide the Court with any argument or basis upon which to award

11:00 AM

CONT...


Margarito Martinez


Chapter 13

punitive damages, attorney’s fees, or prejudgment interest. For that reason, the Court is inclined to limit the judgment to $21,378.


TENTATIVE RULING



Conditioned on Plaintiff providing adequate evidence establishing proper service, the Court is inclined to GRANT the motion and issue a default judgment as to Garza in the amount of $21,378 on the cause of action for turnover, and to DENY the motion as to the remaining defendants. Plaintiff to address the Court’s subject matter jurisdiction to enter a money judgment on the claim for conversion.


APPEARANCES REQUIRED.


Party Information

Debtor(s):

Margarito Martinez Represented By Christopher J Langley

Defendant(s):

Cesar Garza Pro Se

Noe Pelayo Pro Se

George Arthur Macias Pro Se

Flor Valladares Pro Se

Henry Gonzalez Pro Se

West Coast Plus Realty, Inc. Pro Se

Grand Capital Group Pro Se

M&M Associates Pro Se

11:00 AM

CONT...

Movant(s):


Margarito Martinez


Chapter 13

Margarito Martinez Represented By Christopher J Langley

Plaintiff(s):

Margarito Martinez Represented By Christopher J Langley

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:17-12232


Margarito Martinez


Chapter 13

Adv#: 6:19-01051 Martinez v. Garza et al


#3.00 CONT Status Conference RE: [1] Adversary case 6:19-ap-01051. Complaint by Margarito Martinez against Cesar Emilo Garza, Noe Pelayo, George Arthur Macias, Flor Valladares, Henry Gonzalez, West Coast Realty, Inc., Grand Capital Group, M&M Associates. (Charge To Estate - $350.00). Nature of Suit: (11 (Recovery of money/property - 542 turnover of property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy)))


From: 5/23/19, 8/22/19, 10/17/19, 12/19/19, 2/20/20, 3/19/20


Also #2 EH     

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Margarito Martinez Represented By Christopher J Langley

Defendant(s):

Cesar Garza Pro Se

Noe Pelayo Pro Se

George Arthur Macias Pro Se

Flor Valladares Pro Se

Henry Gonzalez Pro Se

West Coast Plus Realty, Inc. Pro Se

11:00 AM

CONT...


Margarito Martinez


Chapter 13

Grand Capital Group Pro Se

M&M Associates Pro Se

Plaintiff(s):

Margarito Martinez Represented By Christopher J Langley

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-20532


Yan Zhang


Chapter 13

Adv#: 6:20-01023 Zurich American Insurance Company v. Zhang


#4.00 Status Conference RE: [1] Adversary case 6:20-ap-01023. Complaint by Zurich American Insurance Company against Yan Zhang. fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)),(72 (Injunctive relief - other))


EH         


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Yan Zhang Represented By

Ramiro Flores Munoz

Defendant(s):

Yan Zhang Represented By

Ramiro Flores Munoz

Plaintiff(s):

Zurich American Insurance Represented By Lincoln V Horton

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:16-17769


Efren Diaz Estrada


Chapter 13


#5.00 Motion to Disallow Claims , Notice of Objection to Claim No. 1 of Bank of America


Also #6 & #7 EH     

Docket 108

Tentative Ruling:

4/16/2020

BACKGROUND:


On August 30, 2016, Efren Estrada ("Debtor") filed a Chapter 7 voluntary petition. On December 12, 2016, Debtor received a discharge. The Chapter 7 trustee subsequently employed counsel and began to administer assets of the estate.


On March 14, 2017, Debtor filed a motion to convert the case to Chapter 13. The Chapter 7 trustee filed opposition to the motion on March 22, 2017. After the Court continued the initial hearing, Debtor filed a motion to vacate discharge on April 26, 2017. The Chapter 7 trustee filed its opposition on May 3, 2017. On June 13, 2017, the Court issued an opinion granting Debtors’ motion to vacate discharge. On July 11, 2017, the case was converted to Chapter 13. On August 29, 2017, Debtor’s Chapter 13 plan was confirmed, providing for a 100% distribution to unsecured creditors.


On March 3, 2020, Debtor filed objections to three different claims: (1) the claim of Bank of America, filed on February 28, 2017, in the amount of $4,097 ("Claim 1");

(2) the claim of Bank One, filed on February 28, 2017, in the amount of $4,095

11:00 AM

CONT...


Efren Diaz Estrada


Chapter 13

("Claim 2"); and (3) the claim of Wells Fargo Bank, filed on February 28, 2017, in the amount of $10,056 ("Claim 6"). All three of these claims were filed by the Chapter 7 trustee. The Court has not received any opposition to the claim objections.


APPLICABLE LAW:


Pursuant to 11 U.S.C. § 502(a), a proof of claim is deemed allowed unless a party in interest objects. Absent an objection, a proof of claim constitutes prima facie evidence of the validity and amount of the claim under Federal Rule of Bankruptcy Procedure ("FRBP") 3001(f). See Lundell v. Anchor Constr. Specialists, Inc., 223 F.3d 1035, 1039 (9th Cir. 2000). When a party files an objection to a proof of claim, that filing "creates a dispute which is a contested matter" within the meaning of FRBP 9014 and the Court must resolve the matter after notice and opportunity for hearing upon a motion for relief. Id.


When a creditor has filed a proof of claim that complies with the rules (thereby giving rise to the presumption of validity), the burden shifts to the objecting party who must "present evidence to overcome the prima facie case." In re Medina, 205 B.R. 216, 222 (9th Cir. B.A.P. 1996). To defeat the claim, the objecting party must provide sufficient evidence and "show facts tending to defeat the claim by probative force equal to that of the allegations of the proofs of claim themselves." Lundell, 223 F.3d at 1039 (quoting In re Holm, 931 F.2d 620, 623 (9th Cir. 1991)). "The objector must produce evidence, which, if believed, would refute at least one of the allegations that is essential to the claim’s legal sufficiency." Lundell, 223 F.3d at 1040 (quoting In re Allegheny Int’l, Inc., 954 F.2d 167, 173-74 (3d Cir. 1992)). If the objecting party produces sufficient evidence to negate one or more of the sworn facts in the proof of claim, the burden reverts back to the claimant to prove the validity of the claim by a preponderance of the evidence. See In re Consol. Pioneer Mort, 178 B.R. 222, 226 (9th Cir. BAP 1995), aff’d, 91 F.3d 151 (9th Cir. 1996) (quoting Allegheny Int’l, 954 F.2d at 173-74). The ultimate burden of persuasion remains at all times on the claimant. See Lundell, 223 F.3d at 1039; see also Holm, 931 F.2d at 623.

11:00 AM

CONT...


Efren Diaz Estrada


Chapter 13


ANALYSIS:


As noted in the background section above, Claim 1, Claim 2, and Claim 6 were all filed by the Chapter 7 trustee before the case was converted to Chapter 13. Debtor argues that all three claims should be disallowed because the creditors for whom the claims were filed have not accepted payment from the Chapter 13 trustee.

Specifically, Debtor attaches, as Exhibit 2, correspondence received from the Chapter 13 trustee which indicates that the disbursements to Wells Fargo Bank and Bank of America were returned as "unable to locate/identify account" and that the disbursement to Bank One has not been accepted.


Debtor relies upon 11 U.S.C. § 502(b)(1) as provided the grounds for the Court to disallow Claim 1, Claim 2, and Claim 6. The Court notes that the Chapter 7 trustee filed the claims after Debtor listed the claims on Schedule F, and Debtor has not provided any evidence explaining why the claims were scheduled if they were not enforceable against Debtor. Furthermore, it would appear, as noted in Exhibit 2, that the creditors failure to accept the funds would result in the funds being forwarded to the Court as "unclaimed funds," and, because Debtor’s plan is a 100% plan, the funds would ultimately be returned to Debtor.


It is not clear that disallowing the subject claims, rather than pursuing the typical unclaimed funds process, is the proper result in this case, especially considering that it does not appear that the Chapter 13 trustee received any response from Bank One.


TENTATIVE RULING

11:00 AM

CONT...


Efren Diaz Estrada


Chapter 13

The Court is inclined to OVERRULE the objection, or, alternatively, to CONTINUE the matter for Debtor to provide supplemental evidence establishing that the claims are not enforceable against Debtor.


APPEARANCES REQUIRED.


Party Information

Debtor(s):

Efren Diaz Estrada Represented By

W. Derek May

Movant(s):

Efren Diaz Estrada Represented By

W. Derek May

W. Derek May

W. Derek May

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:16-17769


Efren Diaz Estrada


Chapter 13


#6.00 Motion to Disallow Claims , Notice of Objection to Claim No. 2 of Bank One Also #5 & #7

EH     


Docket 109

Tentative Ruling:

4/16/2020

BACKGROUND:


On August 30, 2016, Efren Estrada ("Debtor") filed a Chapter 7 voluntary petition. On December 12, 2016, Debtor received a discharge. The Chapter 7 trustee subsequently employed counsel and began to administer assets of the estate.


On March 14, 2017, Debtor filed a motion to convert the case to Chapter 13. The Chapter 7 trustee filed opposition to the motion on March 22, 2017. After the Court continued the initial hearing, Debtor filed a motion to vacate discharge on April 26, 2017. The Chapter 7 trustee filed its opposition on May 3, 2017. On June 13, 2017, the Court issued an opinion granting Debtors’ motion to vacate discharge. On July 11, 2017, the case was converted to Chapter 13. On August 29, 2017, Debtor’s Chapter 13 plan was confirmed, providing for a 100% distribution to unsecured creditors.


On March 3, 2020, Debtor filed objections to three different claims: (1) the claim of Bank of America, filed on February 28, 2017, in the amount of $4,097 ("Claim 1");

(2) the claim of Bank One, filed on February 28, 2017, in the amount of $4,095 ("Claim 2"); and (3) the claim of Wells Fargo Bank, filed on February 28, 2017, in the

11:00 AM

CONT...


Efren Diaz Estrada


Chapter 13

amount of $10,056 ("Claim 6"). All three of these claims were filed by the Chapter 7 trustee. The Court has not received any opposition to the claim objections.


APPLICABLE LAW:


Pursuant to 11 U.S.C. § 502(a), a proof of claim is deemed allowed unless a party in interest objects. Absent an objection, a proof of claim constitutes prima facie evidence of the validity and amount of the claim under Federal Rule of Bankruptcy Procedure ("FRBP") 3001(f). See Lundell v. Anchor Constr. Specialists, Inc., 223 F.3d 1035, 1039 (9th Cir. 2000). When a party files an objection to a proof of claim, that filing "creates a dispute which is a contested matter" within the meaning of FRBP 9014 and the Court must resolve the matter after notice and opportunity for hearing upon a motion for relief. Id.


When a creditor has filed a proof of claim that complies with the rules (thereby giving rise to the presumption of validity), the burden shifts to the objecting party who must "present evidence to overcome the prima facie case." In re Medina, 205 B.R. 216, 222 (9th Cir. B.A.P. 1996). To defeat the claim, the objecting party must provide sufficient evidence and "show facts tending to defeat the claim by probative force equal to that of the allegations of the proofs of claim themselves." Lundell, 223 F.3d at 1039 (quoting In re Holm, 931 F.2d 620, 623 (9th Cir. 1991)). "The objector must produce evidence, which, if believed, would refute at least one of the allegations that is essential to the claim’s legal sufficiency." Lundell, 223 F.3d at 1040 (quoting In re Allegheny Int’l, Inc., 954 F.2d 167, 173-74 (3d Cir. 1992)). If the objecting party produces sufficient evidence to negate one or more of the sworn facts in the proof of claim, the burden reverts back to the claimant to prove the validity of the claim by a preponderance of the evidence. See In re Consol. Pioneer Mort, 178 B.R. 222, 226 (9th Cir. BAP 1995), aff’d, 91 F.3d 151 (9th Cir. 1996) (quoting Allegheny Int’l, 954 F.2d at 173-74). The ultimate burden of persuasion remains at all times on the claimant. See Lundell, 223 F.3d at 1039; see also Holm, 931 F.2d at 623.

11:00 AM

CONT...


Efren Diaz Estrada


Chapter 13


ANALYSIS:


As noted in the background section above, Claim 1, Claim 2, and Claim 6 were all filed by the Chapter 7 trustee before the case was converted to Chapter 13. Debtor argues that all three claims should be disallowed because the creditors for whom the claims were filed have not accepted payment from the Chapter 13 trustee.

Specifically, Debtor attaches, as Exhibit 2, correspondence received from the Chapter 13 trustee which indicates that the disbursements to Wells Fargo Bank and Bank of America were returned as "unable to locate/identify account" and that the disbursement to Bank One has not been accepted.


Debtor relies upon 11 U.S.C. § 502(b)(1) as provided the grounds for the Court to disallow Claim 1, Claim 2, and Claim 6. The Court notes that the Chapter 7 trustee filed the claims after Debtor listed the claims on Schedule F, and Debtor has not provided any evidence explaining why the claims were scheduled if they were not enforceable against Debtor. Furthermore, it would appear, as noted in Exhibit 2, that the creditors failure to accept the funds would result in the funds being forwarded to the Court as "unclaimed funds," and, because Debtor’s plan is a 100% plan, the funds would ultimately be returned to Debtor.


It is not clear that disallowing the subject claims, rather than pursuing the typical unclaimed funds process, is the proper result in this case, especially considering that it does not appear that the Chapter 13 trustee received any response from Bank One.


TENTATIVE RULING

11:00 AM

CONT...


Efren Diaz Estrada


Chapter 13

The Court is inclined to OVERRULE the objection, or, alternatively, to CONTINUE the matter for Debtor to provide supplemental evidence establishing that the claims are not enforceable against Debtor.


APPEARANCES REQUIRED.


Party Information

Debtor(s):

Efren Diaz Estrada Represented By

W. Derek May

Movant(s):

Efren Diaz Estrada Represented By

W. Derek May

W. Derek May

W. Derek May

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:16-17769


Efren Diaz Estrada


Chapter 13


#7.00 Motion to Disallow Claims , Notice of Objection to Claim No. 6 of Wells Fargo Bank


Also #5 & #6 EH     

Docket 107

Tentative Ruling:

4/16/2020

BACKGROUND:


On August 30, 2016, Efren Estrada ("Debtor") filed a Chapter 7 voluntary petition. On December 12, 2016, Debtor received a discharge. The Chapter 7 trustee subsequently employed counsel and began to administer assets of the estate.


On March 14, 2017, Debtor filed a motion to convert the case to Chapter 13. The Chapter 7 trustee filed opposition to the motion on March 22, 2017. After the Court continued the initial hearing, Debtor filed a motion to vacate discharge on April 26, 2017. The Chapter 7 trustee filed its opposition on May 3, 2017. On June 13, 2017, the Court issued an opinion granting Debtors’ motion to vacate discharge. On July 11, 2017, the case was converted to Chapter 13. On August 29, 2017, Debtor’s Chapter 13 plan was confirmed, providing for a 100% distribution to unsecured creditors.


On March 3, 2020, Debtor filed objections to three different claims: (1) the claim of Bank of America, filed on February 28, 2017, in the amount of $4,097 ("Claim 1");

(2) the claim of Bank One, filed on February 28, 2017, in the amount of $4,095

11:00 AM

CONT...


Efren Diaz Estrada


Chapter 13

("Claim 2"); and (3) the claim of Wells Fargo Bank, filed on February 28, 2017, in the amount of $10,056 ("Claim 6"). All three of these claims were filed by the Chapter 7 trustee. The Court has not received any opposition to the claim objections.


APPLICABLE LAW:


Pursuant to 11 U.S.C. § 502(a), a proof of claim is deemed allowed unless a party in interest objects. Absent an objection, a proof of claim constitutes prima facie evidence of the validity and amount of the claim under Federal Rule of Bankruptcy Procedure ("FRBP") 3001(f). See Lundell v. Anchor Constr. Specialists, Inc., 223 F.3d 1035, 1039 (9th Cir. 2000). When a party files an objection to a proof of claim, that filing "creates a dispute which is a contested matter" within the meaning of FRBP 9014 and the Court must resolve the matter after notice and opportunity for hearing upon a motion for relief. Id.


When a creditor has filed a proof of claim that complies with the rules (thereby giving rise to the presumption of validity), the burden shifts to the objecting party who must "present evidence to overcome the prima facie case." In re Medina, 205 B.R. 216, 222 (9th Cir. B.A.P. 1996). To defeat the claim, the objecting party must provide sufficient evidence and "show facts tending to defeat the claim by probative force equal to that of the allegations of the proofs of claim themselves." Lundell, 223 F.3d at 1039 (quoting In re Holm, 931 F.2d 620, 623 (9th Cir. 1991)). "The objector must produce evidence, which, if believed, would refute at least one of the allegations that is essential to the claim’s legal sufficiency." Lundell, 223 F.3d at 1040 (quoting In re Allegheny Int’l, Inc., 954 F.2d 167, 173-74 (3d Cir. 1992)). If the objecting party produces sufficient evidence to negate one or more of the sworn facts in the proof of claim, the burden reverts back to the claimant to prove the validity of the claim by a preponderance of the evidence. See In re Consol. Pioneer Mort, 178 B.R. 222, 226 (9th Cir. BAP 1995), aff’d, 91 F.3d 151 (9th Cir. 1996) (quoting Allegheny Int’l, 954 F.2d at 173-74). The ultimate burden of persuasion remains at all times on the claimant. See Lundell, 223 F.3d at 1039; see also Holm, 931 F.2d at 623.

11:00 AM

CONT...


Efren Diaz Estrada


Chapter 13


ANALYSIS:


As noted in the background section above, Claim 1, Claim 2, and Claim 6 were all filed by the Chapter 7 trustee before the case was converted to Chapter 13. Debtor argues that all three claims should be disallowed because the creditors for whom the claims were filed have not accepted payment from the Chapter 13 trustee.

Specifically, Debtor attaches, as Exhibit 2, correspondence received from the Chapter 13 trustee which indicates that the disbursements to Wells Fargo Bank and Bank of America were returned as "unable to locate/identify account" and that the disbursement to Bank One has not been accepted.


Debtor relies upon 11 U.S.C. § 502(b)(1) as provided the grounds for the Court to disallow Claim 1, Claim 2, and Claim 6. The Court notes that the Chapter 7 trustee filed the claims after Debtor listed the claims on Schedule F, and Debtor has not provided any evidence explaining why the claims were scheduled if they were not enforceable against Debtor. Furthermore, it would appear, as noted in Exhibit 2, that the creditors failure to accept the funds would result in the funds being forwarded to the Court as "unclaimed funds," and, because Debtor’s plan is a 100% plan, the funds would ultimately be returned to Debtor.


It is not clear that disallowing the subject claims, rather than pursuing the typical unclaimed funds process, is the proper result in this case, especially considering that it does not appear that the Chapter 13 trustee received any response from Bank One.


TENTATIVE RULING

11:00 AM

CONT...


Efren Diaz Estrada


Chapter 13

The Court is inclined to OVERRULE the objection, or, alternatively, to CONTINUE the matter for Debtor to provide supplemental evidence establishing that the claims are not enforceable against Debtor.


APPEARANCES REQUIRED.


Party Information

Debtor(s):

Efren Diaz Estrada Represented By

W. Derek May

Movant(s):

Efren Diaz Estrada Represented By

W. Derek May

W. Derek May

W. Derek May

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11621


Walter Hunter, Jr


Chapter 13


#8.00 Order to show cause re dismissal for failure to comply with rule 1006(B)- Installments


EH     


Docket 16

*** VACATED *** REASON: FEES PAID 4/13/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Walter Hunter Jr Pro Se

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11516


Thompson Harris Cooper, VI and Dawnetra Genene Cooper


Chapter 13


#9.00 Motion to Avoid Judicial Lien with Discover Bank Also #10

EH     


Docket 11


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Thompson Harris Cooper VI Represented By Sundee M Teeple

Joint Debtor(s):

Dawnetra Genene Cooper Represented By Sundee M Teeple

Movant(s):

Thompson Harris Cooper VI Represented By Sundee M Teeple Sundee M Teeple Sundee M Teeple

Dawnetra Genene Cooper Represented By Sundee M Teeple Sundee M Teeple

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11516


Thompson Harris Cooper, VI and Dawnetra Genene Cooper


Chapter 13


#10.00 Motion to Avoid Judicial Lien with Discover Bank Also #9

EH     


Docket 12


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Thompson Harris Cooper VI Represented By Sundee M Teeple

Joint Debtor(s):

Dawnetra Genene Cooper Represented By Sundee M Teeple

Movant(s):

Thompson Harris Cooper VI Represented By Sundee M Teeple Sundee M Teeple Sundee M Teeple

Dawnetra Genene Cooper Represented By Sundee M Teeple Sundee M Teeple

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-16832


Mario Chiong and Nona Chiong


Chapter 13


#11.00 Motion to Disallow Claims of LendingClub Corporation No. 24 EH     

Docket 27

Tentative Ruling:

4/16/2020

BACKGROUND:


On August 5, 2019, Mario & Nona Chiong ("Debtors") filed a Chapter 13 voluntary petition. On November 20, 2019, Debtors’ Chapter 13 plan was confirmed.


On October 11, 2019, LendingClub Corporation ("Creditor") filed a proof of claim for an unsecured claim in the amount of $30,064.10 ("Claim 24"). On March 10, 2020, Debtor filed an objection to Claim 24. Debtor argues that Claim 24 is barred by the statute of limitations. Creditor did not file any opposition.


APPLICABLE LAW:


Pursuant to 11 U.S.C. § 502(a), a proof of claim is deemed allowed unless a party in interest objects. Absent an objection, a proof of claim constitutes prima facie evidence of the validity and amount of the claim under Federal Rule of Bankruptcy Procedure ("FRBP") 3001(f). See Lundell v. Anchor Constr. Specialists, Inc., 223 F.3d 1035, 1039 (9th Cir. 2000). When a party files an objection to a proof of claim, that filing "creates a dispute which is a contested matter" within the meaning of FRBP

11:00 AM

CONT...


Mario Chiong and Nona Chiong


Chapter 13

9014 and the Court must resolve the matter after notice and opportunity for hearing upon a motion for relief. Id.


When a creditor has filed a proof of claim that complies with the rules (thereby giving rise to the presumption of validity), the burden shifts to the objecting party who must "present evidence to overcome the prima facie case." In re Medina, 205 B.R. 216, 222 (9th Cir. B.A.P. 1996). To defeat the claim, the objecting party must provide sufficient evidence and "show facts tending to defeat the claim by probative force equal to that of the allegations of the proofs of claim themselves." Lundell, 223 F.3d at 1039 (quoting In re Holm, 931 F.2d 620, 623 (9th Cir. 1991)). "The objector must produce evidence, which, if believed, would refute at least one of the allegations that is essential to the claim’s legal sufficiency." Lundell, 223 F.3d at 1040 (quoting In re Allegheny Int’l, Inc., 954 F.2d 167, 173-74 (3d Cir. 1992)). If the objecting party produces sufficient evidence to negate one or more of the sworn facts in the proof of claim, the burden reverts back to the claimant to prove the validity of the claim by a preponderance of the evidence. See In re Consol. Pioneer Mort, 178 B.R. 222, 226 (9th Cir. BAP 1995), aff’d, 91 F.3d 151 (9th Cir. 1996) (quoting Allegheny Int’l, 954 F.2d at 173-74). The ultimate burden of persuasion remains at all times on the claimant. See Lundell, 223 F.3d at 1039; see also Holm, 931 F.2d at 623.


ANALYSIS:


11 U.S.C. § 502(b)(1) (2005) states:


  1. Except as provided in subsections (e)(2), (f), (g), (h) and (i) of this section, if such objection to a claim is made, the court, after notice and a hearing, shall determine the amount of such claim in lawful currency of the United States as of the date of the filing of the petition, and shall allow such claim in such amount, except to the extent that—


    1. such claim is unenforceable against the debtor and property of the

11:00 AM

CONT...


Mario Chiong and Nona Chiong

debtor, under any agreement or applicable law for a reason other than because such claim is contingent or unmatured;


Chapter 13


CAL. CODE CIV. P. § 337 (2016) provides a statute of limitations of four years for debts founded on written contracts, book accounts, accounts stated based upon account in writing, "balance of mutual, open and current account in writing," and rescission of written contract. Once the statute of limitations has passed, the claim is unenforceable. See e.g., Guaranty Trust Co. v. United States, 304 U.S. 126 (1938).


Claim 24 states that the basis of the claim is an "unsecured loan." Therefore, it appears that Claim 4 fits within the category established by CAL. CODE CIV. P. § 337, and that the statute of limitations is four years. The proof of claim identifies a last payment date of November 4, 2014. This is more than four years prior to the filing of the bankruptcy case, and, therefore, Claim 24 is unenforceable.


TENTATIVE RULING


The Court is inclined to SUSTAIN the objection, DISALLOWING Claim 24 in its entirety..


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


Party Information

Debtor(s):

Mario Chiong Represented By Paul Y Lee

11:00 AM

CONT...


Mario Chiong and Nona Chiong


Chapter 13

Joint Debtor(s):

Nona Chiong Represented By

Paul Y Lee

Movant(s):

Mario Chiong Represented By Paul Y Lee

Nona Chiong Represented By

Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-20154


Bridgette Donnais Turner


Chapter 13


#12.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 13547 George Court, Chino, CA 91710


MOVANT: DEUTSCHE BANK NATIONAL TRUST COMPANY


From: 3/3/20, 3/12/20 EH     

Docket 19

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 4/15/20

Tentative Ruling:

3/3/2020


Service: Proper Opposition: Yes


Debtor’s opposition indicates that postpetition arrears listed by Movant are incorrect because Debtor has made postpetition plan payments directly to the Chapter 13 Trustee. Nevertheless, it appears that the second payment made by Debtor was only a partial payment. Parties to apprise the Court of the status of adequate protection discussions, if any.


APPEARANCES REQUIRED.

Party Information

Debtor(s):

Bridgette Donnais Turner Represented By Joshua L Sternberg

Movant(s):

Deutsche Bank National Trust Represented By

11:00 AM

CONT...


Trustee(s):


Bridgette Donnais Turner


Angie M Marth Jacky Wang


Chapter 13

Rod Danielson (TR) Pro Se

11:00 AM

6:15-20998


Eric Kissell


Chapter 13


#13.00 CONT Motion to Dismiss From: 1/30/20, 3/12/20 EH     

Docket 94

Tentative Ruling:

3/10/20


BACKGROUND:


On November 11, 2015 ("Petition Date"), Eric Kessell ("Debtor") filed for Chapter 13 voluntary petition. In his commencement documents, Debtor listed the Internal Revenue Service ("IRS") as an unsecured creditor having a claim in the amount of $110,516.00—$65,266.00 not priority and 45,250.00 priority. On January 27, 2016, the IRS filed a claim, "Claim 5-1."


However, there was a discrepancy between what Debtor stated in his commencement document and what the IRS stated in its claim. The IRS listed

$94,707.90 of unsecured priority claim and $16,029.92 of unsecured general claim, totaling $110,737.82.


Debtor’s Chapter 13 plan, which was confirmed on December 29, 2015, scheduled to pay the unsecured priority claim over sixty months at a monthly payment of $754.17. Non-priority unsecured creditors where estimated to get a hundred cents on the dollar. Pursuant to the Chapter 13 plan, Debtor stated he will pay all post- confirmation tax liabilities in a timely manner directly to the appropriate taxing authorities.


While paying his pre-petition tax liability, the IRS alleges that Debtor failed to pay his post-petition taxes:

11:00 AM

CONT...


Eric Kissell


Chapter 13

Taxable Year

Taxes Due for that Year

Remaining Balance

2015

$25,712.00

$29,775.96

2016

$24,995.00

$23,726.56

2017

$20,669.00

$24,019.91

2018

$21,465.00

$23,422.44

2019

$23,611.00

Not Calculated

Specifically, the IRS claims that Debtor failed to make estimated payments for the taxable year 2019. The IRS states that Debtor’s alleged failure falls under 11 U.S.C. § 1307(c) as "bad faith" and it provides the "cause" to request the Court to dismiss Debtor’s Chapter 13 petition and implement a 180-day refiling bar.


ANALYSIS:


I. Bad Faith


11 U.S.C § 1307(C):


"…on request of a party in interest or the United States trustee and after notice and a hearing, the court may convert a case under this chapter…or dismiss a case under this chapter…for cause, including…"


"A ‘party in interest’ is any party ‘who has an actual pecuniary interest in the case,’ ‘who has a practical stake in the outcome of a case,’ or ‘who will be impacted in any significant way in the case.’" In re Hardy, 589. B.R. 217 (Bankr. D. DC. 2018)

11:00 AM

CONT...


Eric Kissell


Chapter 13

(citing In re Sobczak, 369 B.R. 512, 518 (B.A.P. 9th Cir. 2007)). In this case, the IRS has standing because it has an actual pecuniary interest and it is a creditor. (In re De la Salle, 461 B.R. 593 (B.A.P 9th Cir.) (discerning no reason why creditors should not be included within the scope of party in interest for purposes of 11U.S.C. § 1307(c).


Subsection 1307(c) then proceeds to list eleven circumstances that would constitute cause. However, ‘bad faith’ is not listed. Nonetheless, bankruptcy courts "routinely treat dismissal for prepetition bad-faith conduct as implicitly authorized by the words ‘for cause.’" In re Goodvin, 548 B.R. 806, 811 (Bankr. N.D. IA. 2016) (quoting Marrama v. Citizens Bank, 549 U.S. 365, 372 (2007)).


Bad faith is determined by the totality of the circumstances test. In re Craighead, 377 B.R. 648, 654 (Bankr. N.D. Cal. 2007). Bankruptcy courts should consider the following circumstances in determining a cause for dismissal under Chapter 13 petition with prejudice for bad faith: (1) whether the debtor misrepresented facts in her petition or plan, unfairly manipulated the Bankruptcy Code, or otherwise filed her Chapter 13 petition or plan in an inequitable manner; (2) the debtor’s history of filing and dismissals; (3) whether the debtor only intended to defeat state court litigation; and (4) whether egregious behavior is present. In re Leavitt, 171 F.3d 1219, 1224 (9th Cir. Ct. App. 1999).


TENTATIVE RULING:


Thus, the Court GRANTS this motion because there is cause shown, the nonpayment of post-petition taxes, to dismiss Debtor’s case with a re-filing bar of 180-days. Pursuant to LBR 9013-1(h), the Court may deem a failure to timely file and serve documents as consent to the granting or denial of the motion. Debtor, not responding to this motion, is deemed to have consent it.


APPEARANCES REQUIRED.

11:00 AM

CONT...


Debtor(s):


Eric Kissell


Party Information


Chapter 13

Eric Kissell Represented By

William J Howell

Movant(s):

UNITED STATES OF AMERICA Represented By

Najah J Shariff

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10794


Corey Jason Gomes


Chapter 13


#14.00 CONT Motion for Setting Property Value From: 3/12/20

EH     


Docket 18

Tentative Ruling: 3/12/20

Background:


On January 31, 2020 ("Petition Date"), Corey Jason Gomes ("Debtor") filed a voluntary Chapter 13 petition. In his Schedule A/B of his commencement documents, Debtor stated he owned a 2017 Toyota Prius (hereinafter the "Vehicle") located at 27568 Campana Circle Temecula, CA 92591 ("Debtor’s Residence"). On the Petition Date, Debtor valued the Vehicle at $13,928.00. Dkt. No. 1, Schedule A/B. Debtor, also, listed Toyota Financial Services (hereinafter "Toyota") as having a claim, valued at $20,526—$13,928.00 secured and $6,598.00 unsecured—secured by the Vehicle.


On February 19, 2020, Debtor filed a notice of motion-and-motion for order determining value of collateral ("Motion"). Debtor prays for the court to value the Vehicle and claim it secures per his declaration. Debtor provided a billing statement from Toyota reaffirming the value of its claim on January 2, 2020. Dkt. No. 18, Ex. 1. Debtor, also, provided a copy of a value generated by Kelly Blue Book of 2017 Toyota Prius Three Touring Hatchback 4D, which ranges from $12,992 to $14,563.


On March 6, 2020, Toyota filed an opposition to this motion. Pursuant to LBR 9013-1(f), a response on the moving party must be filed and served no later than fourteen days before the date designated for the hearing. Toyota’s response was filed within six days of the designated hearing date. Failure to timely file and serve an opposition may be deemed by the court to be consent to the granting or denial of the motion. LBR 9013-1(h).

11:00 AM

CONT...


Corey Jason Gomes


Chapter 13


In its response to this motion, Toyota requests a continuation of thirty days to conduct a formal inspection and appraisal. Dkt. No. 23. Toyota estimates the current fair market value of the property to be $19,175.00. Id. Toyota then argues that the private party value provided by Kelly Blue Book is inconsistent with the pertinent code section, which requires the value to be based on what a retail merchant would charge for the property. Id. In the alternative, Toyota argues that if it be forced to accept the Debtor’s valuation, its security interest will be severely diminished. Id.


Applicable Law:


A. Value of the Vehicle


11 U.S.C §506(a)(2):


If the Debtor is an individual in a case under Chapter 7 or 13, such value with respect to personal property securing an allowed claim shall be determined based on the replacement value of such property as of the date of the filing of the petition without deduction for costs of sale or marketing. With respect to property acquired for personal, family, or household purposes, replacement value shall mean the price a retail merchant would charge for property of that kind considering the age and condition of the property at the time value is determined. [italicized for emphasis]"


In In re Morales, the United States Bankruptcy Court for the Central District of California determined that retail value should be calculated "by adjusting the Kelley Blue Book or N.A.D.A. Guide retail value for a like vehicle by a reasonable amount in light of the evidence presented regarding the condition of the vehicle or any other relevant factors." In re Morales, 387 B.R. 36, 45 (Bankr. C.D. Cal. 2008).


According to the court in Morales, the retail values, and not the private party values, are the appropriate starting points because the text of § 506(a)(2) refers to "the price a retail merchant would charge" and does not refer to the price a private party would charge. Morales, 387 B.R. at 46. The language of § 506(a)(2) provides further support for the use of retail values rather than private party values in the first sentence that states replacement value should be calculated "without deduction for costs of sale

11:00 AM

CONT...


Corey Jason Gomes


Chapter 13

or marketing." § 506(a)(2); Morales, 387 B.R. at 46. Although "replacement value" is modified with respect to property acquired for personal use in the second sentence of

§ 506(a)(2), the rule regarding costs of sale or marketing is not modified and is therefore still applicable. § 506(a)(2); Morales, 387 B.R. at 46. Consequently, in contrast to private party values, "the retail value better approximates a price that includes the ‘costs of sale and marketing,’" even if downward adjustments must be made to accommodate a less then excellent or optimal condition of a vehicle.

Morales, 387 B.R. at 46.


Here, Debtor incorrectly uses the private party.

Tentative:


The Court is inclined to DENY the Motion. APPEARANCES REQUIRED.


Party Information

Debtor(s):

Corey Jason Gomes Represented By Norma Duenas

Movant(s):

Corey Jason Gomes Represented By Norma Duenas

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11253


Jennifer Isabella Solares


Chapter 13


#15.00 CONT Motion for Setting Property Value held by Americredit Financial Servicex, Inc.


From: 4/2/20 EH     

Docket 13

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

4/7/20

Tentative Ruling:

4/2/20


BACKGROUND


On February 19, 2020 ("Petition Date"), Jennifer Isabella Solares (hereinafter "Debtor") filed a Chapter 13 voluntary petition.


In her commencement documents, Debtor stated that she owned a 2017 Toyota Camry SE 2017 (hereinafter the "Camry"). Dkt. No. 1. The Camry was valued at 8,288.00 and it was secured a claim owed by Americredit Financial Services, Inc. doing business as General Motors Financial (hereinafter "GM") in the amount of

$21,762.91, leaving an unsecured amount of $13,474.91. Id.


GM, in its Form 410, Proof of Claim 3-1, valued the Camry at $11,150.00 and its secured amount of the claim at the same amount, leaving $15,174.43 unsecured for a total claim in the amount of $26,324.43. GM provided the Retail Installment Sale Contract, the Certificate of Title, and the amount owed as of the Petition Date. Claim 3-1.


Debtor does not question the validity of the Claim 3-1. However, Debtor has filed this motion in order to determine the extent to what amount is secured and unsecured. Debtor’s Chapter 13 plan proposes to bifurcate Claim 3-1 and pay the secured portion of the claim through the plan. Dkt. No. 13.

11:00 AM

CONT...


Jennifer Isabella Solares


Chapter 13


DISCUSSION


  1. The Burden of Proof


    A debtor bears the burden of proof on the issue of valuation under 11. U.S.C. § 506(a). In re Ahmed, 2011 Bankr. Lexis 1000, *4 (Bankr. N.D. Cal. 2011) citing In re Finnegan, 358 B.R. 644, 649 (Bankr. M.D. Penn. 2006).


  2. Valuation Standard

    11 U.S.C. § 506(a)(2):


    "If the debtor is an individual in a case under Chapter 7 or 13, such value with respect to personal property securing an allowed claim shall be determine based on the replacement value of such property as of the date of the filing of the petition without deduction for costs of sale or marketing. With respect to property acquired for personal, family, or household purposes, replacement value shall mean the price a retail merchant would charge for property of that kind considering the age and condition of the property at the time value is determined."


  3. Valuation of the Camry


To strengthen her motion to set the value for the vehicle, Debtor provided a valuation report from Kelly Blue Book (hereinafter "KBB"). Dkt. No. 13, Ex. B. The Camry’s private party value was $8,288.00.


In re Morales, the court concluded that retail values of vehicles should be calculated by adjusting the Kelly Blue Book or N.A.D.A Guide retail value by a reasonable amount based on evidence presented. 387 B.R. 36 (Bankr. C.D. Cal. 2008). "The burden in proving the reasonableness of any deviation from the guide retail value rests with the debtor because the debtor has the best access to information about the condition of the vehicle." Id. at 45. Debtor did not provide the retail value of the Camry but decided to value it using the private party value. Debtor did not provide any additional evidence to suggest why the private party value should be used instead

11:00 AM

CONT...


Jennifer Isabella Solares


Chapter 13

of the retail value.


TENTATIVE RULING

Opposition: None Service: Proper


CONTINUE the hearing for the Debtor to provide the retail value. APPEARANCES REQUIRED.

Party Information

Debtor(s):

Jennifer Isabella Solares Represented By

Rabin J Pournazarian

Movant(s):

Jennifer Isabella Solares Represented By

Rabin J Pournazarian Rabin J Pournazarian

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10662


Jackie M Zapata


Chapter 13


#15.10 Motion To Continue Confirmation Hearing EH     

Docket 29


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jackie M Zapata Pro Se

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-13146


Mark G Swartz and Elizabeth M Swartz


Chapter 13


#16.00 CONT Order to show cause why Claimant, The Bank of New York Mellon, as Successor Indenture Trustee, and Servicer, Specialized Loan Servicing LLC, Claim 5 should not be reduced


From: 11/7/19, 12/19/19, 2/20/20 Also #17 & #18

EH     


Docket 52


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Mark G Swartz Represented By Joseph A Weber Fritz J Firman

Joint Debtor(s):

Elizabeth M Swartz Represented By Joseph A Weber Fritz J Firman

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-13146


Mark G Swartz and Elizabeth M Swartz


Chapter 13


#17.00 CONT Motion RE: Objection to Claim Number 5 by Claimant Specialized Loan Servicing LLC


From: 10/3/19, 11/7/19, 12/19/19, 2/20/20


Also #16 & #18 EH         

Docket 44

Tentative Ruling:

10/3/2019

BACKGROUND:

On April 15, 2019, Mark & Elizabeth Swartz ("Debtors") filed a Chapter 13 voluntary petition. On June 21, 2019, The Bank of New York Mellon f/k/a The Bank of New York as successor Indenture trustee to JPMorgan Chase Bank, National Association for CWHEQ Revolving Home Equity Loan Trust, Series 2006-F ("Creditor") filed a proof of claim for a secured claim in the amount of $157,959.06 ("Claim 5").

On July 10, 2019, Debtors filed an objection to Claim 5. Debtors argued that the information filed in support of Claim 5 is inadequate pursuant to the Federal Rules of Bankruptcy Procedure, and that, as a result, Creditor has failed to meet its burden of proof. At the hearing of August 22, 2019, the Court noted that there appeared to be an error on the proof of service which resulted in Creditor’s notice address being misstated. For that reason, the Court continued the matter for proper service.

11:00 AM

CONT...

Mark G Swartz and Elizabeth M Swartz

Chapter 13

On August 30, 2019, Debtors filed a renewed objection to Claim 5. The Court notes that notice and service are now proper.

APPLICABLE LAW:

Pursuant to 11 U.S.C. § 502(a), a proof of claim is deemed allowed unless a party in interest objects. Absent an objection, a proof of claim constitutes prima facie evidence of the validity and amount of the claim under Federal Rule of Bankruptcy Procedure ("FRBP") 3001(f). See Lundell v. Anchor Constr. Specialists, Inc., 223 F.3d 1035, 1039 (9th Cir. 2000). When a party files an objection to a proof of claim, that filing "creates a dispute which is a contested matter" within the meaning of FRBP 9014 and the Court must resolve the matter after notice and opportunity for hearing upon a motion for relief. Id.

When a creditor has filed a proof of claim that complies with the rules (thereby giving rise to the presumption of validity), the burden shifts to the objecting party who must "present evidence to overcome the prima facie case." In re Medina, 205 B.R. 216, 222 (9th Cir. B.A.P. 1996). To defeat the claim, the objecting party must provide sufficient evidence and "show facts tending to defeat the claim by probative force equal to that of the allegations of the proofs of claim themselves." Lundell, 223 F.3d at 1039 (quoting In re Holm, 931 F.2d 620, 623 (9th Cir. 1991)). "The objector must produce evidence, which, if believed, would refute at least one of the allegations that is essential to the claim’s legal sufficiency." Lundell, 223 F.3d at 1040 (quoting In re Allegheny Int’l, Inc., 954 F.2d 167, 173-74 (3d Cir. 1992)). If the objecting party produces sufficient evidence to negate one or more of the sworn facts in the proof of claim, the burden reverts back to the claimant to prove the validity of the claim by a preponderance of the evidence. See In re Consol. Pioneer Mort, 178 B.R. 222, 226 (9th Cir. BAP 1995), aff’d, 91 F.3d 151 (9th Cir. 1996) (quoting Allegheny Int’l, 954 F.2d at 173-74). The ultimate burden of persuasion remains at all times on the

11:00 AM

CONT...

Mark G Swartz and Elizabeth M Swartz

Chapter 13

claimant. See Lundell, 223 F.3d at 1039; see also Holm, 931 F.2d at 623.

ANALYSIS:


11 U.S.C. § 502(b)(1) (2005) states:


  1. Except as provided in subsections (e)(2), (f), (g), (h) and (i) of this section, if such objection to a claim is made, the court, after notice and a hearing, shall determine the amount of such claim in lawful currency of the United States as of the date of the filing of the petition, and shall allow such claim in such amount, except to the extent that—


    1. such claim is unenforceable against the debtor and property of the debtor, under any agreement or applicable law for a reason other than because such claim is contingent or unmatured;


      FED. R. BANKR. P. Rule 3001(c)(2) identifies certain required information that a claimant must attach to a proof of claim in order for the claim to be afforded prima facie validity. In particular, the Court notes that Rule 3001(c)(2)(A) and (C) provide requirements related to the itemization of non-principal amounts and escrow amounts, respectively.


      The Court finds Debtors’ assertion that the supporting information is inadequate to be well-founded. The mortgage proof of claim attachment includes the following information. Part 2 identifies a principal balance of $98,982.98, interest due of

      $55,486.25, and fees and costs of $3,489.83. Part 3 identifies a pre-petition arrears of

      $87,692.60, of which $84,202.77 was principal and $3,489.83 was the aforementioned costs. And Part 4 asserts that the month payment includes $607.39 for principal and interest and $549.90 for escrow.

      11:00 AM

      CONT...


      Mark G Swartz and Elizabeth M Swartz


      Chapter 13


      The two figures which do not appear to be justified in the supporting documentation are the $55,486.25 in interest and the $549.90 monthly payment for escrow. The Court notes that the loan payment history spreadsheet provided by Creditor does not contain any itemization for interest or escrow, and, furthermore, the entire column relating to accrued interest balance and accrued escrow balance is zeroed out.


      Because Creditor has failed to separate principal, interest, and escrow, as directed by FED. R. BANKR. P. Rule 3001(c)(2), and, noting that Debtors have declared that there is no escrow account relating to the second mortgage, the Court is unable to determine the validity or amount of the prepetition default identified in column G of the loan payment history. The Court has also not been provided with any itemization or calculation of the interest amount, alleged to be $55,486.25.


      As a result, the Court is inclined to reduce Claim 5 to $102,472.81, representing the principal balance and fees and costs due in part 2 of the loan payment history, with a prepetition arrearage amount of $0.


      APPEARANCES REQUIRED.

      Party Information

      Debtor(s):

      Mark G Swartz Represented By Joseph A Weber Fritz J Firman

      Joint Debtor(s):

      Elizabeth M Swartz Represented By Joseph A Weber Fritz J Firman

      11:00 AM

      CONT...

      Movant(s):


      Mark G Swartz and Elizabeth M Swartz


      Chapter 13

      Mark G Swartz Represented By Joseph A Weber Fritz J Firman

      Elizabeth M Swartz Represented By Joseph A Weber Joseph A Weber Fritz J Firman Fritz J Firman

      PYOD LLC Pro Se

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:19-13146


      Mark G Swartz and Elizabeth M Swartz


      Chapter 13


      #18.00 CONT Confirmation of Chapter 13 Plan


      From: 7/11/19, 8/22/19, 10/3/19, 11/7/19, 12/19/19, 2/20/20


      Also #16 & #17 EH      

      Docket 15


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Mark G Swartz Represented By Joseph A Weber Fritz J Firman

      Joint Debtor(s):

      Elizabeth M Swartz Represented By Joseph A Weber Fritz J Firman

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:20-10261


      Humberto Picciotti


      Chapter 13


      #19.00 Confirmation of Chapter 13 Plan EH      

      Docket 0


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Humberto Picciotti Represented By Barry E Borowitz

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:20-10263


      Freddy Castrejon and Sarah Louise Castrejon


      Chapter 13


      #20.00 Confirmation of Chapter 13 Plan EH      

      Docket 0


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Freddy Castrejon Represented By Todd L Turoci

      Joint Debtor(s):

      Sarah Louise Castrejon Represented By Todd L Turoci

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:20-10277


      Theodore Cramer


      Chapter 13


      #21.00 Confirmation of Chapter 13 Plan EH      

      Docket 0


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Theodore Cramer Represented By Kevin Tang

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:20-10278


      Tina M Gibbons, Sr.


      Chapter 13


      #22.00 Confirmation of Chapter 13 Plan EH      

      Docket 0


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Tina M Gibbons Sr. Represented By Kevin Tang

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:20-10284


      Patricia Rae Wedge and Michael D Wedge


      Chapter 13


      #23.00 Confirmation of Chapter 13 Plan EH      

      Docket 0


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Patricia Rae Wedge Represented By Kevin Tang

      Joint Debtor(s):

      Michael D Wedge Represented By Kevin Tang

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:20-10290


      Stephanie Susan Solorio


      Chapter 13


      #24.00 Confirmation of Chapter 13 Plan EH      

      Docket 0

      *** VACATED *** REASON: CASE DISMISSED 2/3/20

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Stephanie Susan Solorio Pro Se

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:20-10297


      Arlin Sanchez


      Chapter 13


      #25.00 Confirmation of Chapter 13 Plan EH      

      Docket 0

      *** VACATED *** REASON: CASE DISMISSED 2/3/20

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Arlin Sanchez Pro Se

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:20-10517


      Doreen M. Coronado


      Chapter 13


      #26.00 Confirmation of Chapter 13 Plan EH      

      Docket 0


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Doreen M. Coronado Represented By Christopher J Langley

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:20-10519


      Tawny E Valdez


      Chapter 13


      #27.00 Confirmation of Chapter 13 Plan EH      

      Docket 0

      *** VACATED *** REASON: CASE DISMISSED 2/10/20

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Tawny E Valdez Pro Se

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:20-10528


      Juan Manuel Sanchez Tejeda


      Chapter 13


      #28.00 Confirmation of Chapter 13 Plan EH      

      Docket 0


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Juan Manuel Sanchez Tejeda Represented By Raymond Perez

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:20-10536


      Wilma Vie Prodigalidad


      Chapter 13


      #29.00 Confirmation of Chapter 13 Plan EH      

      Docket 0


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Wilma Vie Prodigalidad Represented By Andrew Nguyen

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:20-10537


      Martin Sanchez-Flores and Pamela Sanchez


      Chapter 13


      #30.00 Confirmation of Chapter 13 Plan EH      

      Docket 0


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Martin Sanchez-Flores Represented By Andrew Nguyen

      Joint Debtor(s):

      Pamela Sanchez Represented By Andrew Nguyen

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:20-10590


      Marie Amelia Robles


      Chapter 13


      #31.00 Confirmation of Chapter 13 Plan EH      

      Docket 0


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Marie Amelia Robles Represented By Daniel King

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:20-10591


      Louis Anthony Coffin


      Chapter 13


      #32.00 Confirmation of Chapter 13 Plan EH      

      Docket 0


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Louis Anthony Coffin Represented By Daniel King

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:20-10235


      Troy Brooks


      Chapter 13


      #33.00 Confirmation of Chapter 13 Plan EH      

      Docket 0

      *** VACATED *** REASON: CASE CONVERTED TO CHAPTER 7 ON 4/10/20

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Troy Brooks Represented By

      Kevin Tang

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:20-10236


      Robert D. Warren and Monica Vargas Restrrepo


      Chapter 13


      #34.00 Confirmation of Chapter 13 Plan EH      

      Docket 0


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Robert D. Warren Represented By Kevin Tang

      Joint Debtor(s):

      Monica Vargas Restrrepo Represented By Kevin Tang

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:20-10242


      Jeff Book


      Chapter 13


      #35.00 Confirmation of Chapter 13 Plan EH      

      Docket 0


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Jeff Book Represented By

      Eric C Morris

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:20-10248


      Franco Loli


      Chapter 13


      #36.00 Confirmation of Chapter 13 Plan EH      

      Docket 0

      *** VACATED *** REASON: CASE DISMISSED 4/13/20

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Franco Loli Represented By

      Stephen L Burton

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:20-10251


      David Hiram Yopp


      Chapter 13


      #37.00 Confirmation of Chapter 13 Plan EH      

      Docket 0


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      David Hiram Yopp Pro Se

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:01 AM

      6:17-13729


      Paula Rosales


      Chapter 13


      #38.00 Trustee's Motion to Dismiss Case EH     

      Docket 59

      *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 4/10/20

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Paula Rosales Represented By William Radcliffe

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:01 AM

      6:17-19890


      Katrina Renee McDowell


      Chapter 13


      #39.00 CONT Trustee's Motion to Dismiss Case From: 3/19/20

      EH     


      Docket 96


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Katrina Renee McDowell Represented By Jenny L Doling

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:01 AM

      6:18-13335


      Annabelle M. Vigil


      Chapter 13


      #40.00 Trustee's Motion to Dismiss Case EH     

      Docket 87


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Annabelle M. Vigil Represented By Christopher J Langley

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:01 AM

      6:18-13906


      Ruby Lee Frazier


      Chapter 13


      #41.00 CONT Trustee's Motion to Dismiss Case From: 4/2/20

      EH     


      Docket 84


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Ruby Lee Frazier Represented By Michael D Franco

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:01 AM

      6:18-20845


      Gloria Simmons


      Chapter 13


      #42.00 Trustee's Motion to Dismiss Case EH     

      Docket 37


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Gloria Simmons Represented By Bruce A Wilson

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:01 AM

      6:19-14425


      La Quetta Delaine Bush Simmons


      Chapter 13


      #43.00 Trustee's Motion to Dismiss Case EH     

      Docket 36


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      La Quetta Delaine Bush Simmons Represented By

      Neil R Hedtke

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:01 AM

      6:19-16544


      Rudy Michael Castillo and Monica Michelle Castillo


      Chapter 13


      #44.00 Trustee's Motion to Dismiss Case EH     

      Docket 32

      *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

      4/6/20

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Rudy Michael Castillo Represented By Nicholas M Wajda

      Joint Debtor(s):

      Monica Michelle Castillo Represented By Nicholas M Wajda

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:01 AM

      6:19-18242


      Roderick Harlan Friloux and Rebecca Andrade-Friloux


      Chapter 13


      #45.00 Trustee's Motion to Dismiss Case EH     

      Docket 25


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Roderick Harlan Friloux Represented By Tina H Trinh

      Joint Debtor(s):

      Rebecca Andrade-Friloux Represented By Tina H Trinh

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:01 AM

      6:19-19073


      Mercy Doria


      Chapter 13


      #46.00 CONT Trustee's Motion to Dismiss Case From: 4/2/20

      EH     


      Docket 40


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Mercy Doria Represented By

      Andrew Nguyen

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:01 AM

      6:19-19190


      John Charles Ballard and Denise J. Ballard


      Chapter 13


      #47.00 Trustee's Motion to Dismiss Case EH     

      Docket 28

      *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

      4/1/20

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      John Charles Ballard Represented By Julie J Villalobos

      Joint Debtor(s):

      Denise J. Ballard Represented By Julie J Villalobos

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:01 AM

      6:19-19255


      Kimberley D Blevins


      Chapter 13


      #48.00 Trustee's Motion to Dismiss Case EH     

      Docket 26

      *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

      4/1/20

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Kimberley D Blevins Represented By Christopher J Langley

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:01 AM

      6:19-19422


      Eugenio Giuseppe Mannella


      Chapter 13


      #49.00 Trustee's Motion to Dismiss Case EH     

      Docket 39


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Eugenio Giuseppe Mannella Represented By Suzette Douglas

      Trustee(s):

      Rod Danielson (TR) Pro Se

      1:00 PM

      6:18-20737


      Alfredo N Adriano


      Chapter 13


      #50.00 CONT Order to show cause why Alon Darvish should not be sanctioned From: 8/22/19, 9/19/19, 11/21/19, 1/30/20, 3/12/20

      CASE DISMISSED 3/14/19


      EH     


      Docket 48

      *** VACATED *** REASON: CONTINUED TO 6/11/20 AT 1:00 P.M.

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Alfredo N Adriano Represented By Christopher J Langley

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:16-15453


      Brenda Fleming Bell


      Chapter 13


      #1.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 5660 San Maruno Way, Rancho Cucamonga, California 91739


      MOVANT: NEWREZ LCC


      From: 2/11/20, 3/10/20 EH     

      Docket 59


      Tentative Ruling:

      2/11/2020


      Service: Proper Opposition: Late

      Parties to apprise Court of status of arrears. APPEARANCES REQUIRED.

      Party Information

      Debtor(s):

      Brenda Fleming Bell Represented By Suzette Douglas

      Movant(s):

      NewRez LLC dba Shellpoint Represented By Kirsten Martinez Julian T Cotton

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:17-10787


      Willie J Brooks


      Chapter 13


      #2.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 12898 Rock Crest Lane, Pomona, CA 91709


      MOVANT: U.S. BANK NATIONAL ASSOCIATION


      EH     


      Docket 74

      Tentative Ruling: Tentative Ruling:

      4/21/20


      Service: Proper Opposition: None

      Parties to update Court on status of adequate protection discussions, if any. APPEARANCES REQUIRED.

      Party Information

      Debtor(s):

      Willie J Brooks Represented By Kevin Tang

      Movant(s):

      U.S BANK NATIONAL Represented By Sean C Ferry Theron S Covey Eric P Enciso

      11:00 AM

      CONT...

      Trustee(s):


      Willie J Brooks


      Chapter 13

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:19-12950


      Edwina Brewer


      Chapter 13


      #3.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 3280 Stallion Street, Ontario, CA 91761


      MOVANT:NUVISION FEDERAL CREDIT UNION


      EH     


      Docket 38

      Tentative Ruling: Tentative Ruling:

      4/21/20


      Service: Proper Opposition: None


      To attain relief from stay under 11. U.S.C §362(d)(1) "cause" must be shown. NuVision Federal Credit Union (hereinafter "NuVision") claims that post-petition mortgage payments due have not been made by the Debtor. "The failure, however, of a debtor to tender post-petition payments to a mortgagee does not mean that the secured creditor must be granted relief from the stay…Evidence of a post-petition delinquency only means that the debtor must then come forward with evidence demonstrating that the mortgagee’s secured interest is adequately protected." In re Middleton Place Assocs., 1993 Bankr. Lexis 2171, *28-*29 (Bankr. E.D. PA, 1993).


      Debtor must show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1).


      Debtor has not opposed the motion. Thus, she has not met her burden. Furthermore, pursuant to LBR 9013-1(h), failure to timely file and serve documents may be deemed as consent to the Court to grant or deny the motion. The Court is inclined to GRANT

      11:00 AM

      CONT...


      Edwina Brewer


      Chapter 13

      relief from stay pursuant to 11 U.S.C. §§ 362(d)(1) and 362(d)(2). GRANT relief from Rule 4001(a)(3) stay. GRANT request under ¶ 2. DENY request under ¶13 as moot.


      APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


      Party Information

      Debtor(s):

      Edwina Brewer Represented By Brian J Soo-Hoo

      Movant(s):

      NuVision Federal Credit Union Represented By Alana B Anaya

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:19-18705


      Regina Huber


      Chapter 13


      #4.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2013 BMW 3 Series 328i Sedan 4D


      MOVANT: CAPITAL ONE AUTO FINANCE


      EH     


      Docket 32

      Tentative Ruling: Tentative Ruling:

      4/21/20


      Service: Proper Opposition: None


      To attain relief from stay under 11. U.S.C §362(d)(1) "cause" must be shown. Capital One Autor Finance (hereinafter "Capital One") claims that there is a lack of adequate protection of its interest in its property. Adequate protection is intended to compensate a secured creditor whose collateral declines in value while it is in the possession of, and being used by, a…debtor." People’s Capital& Leasing Corp. v. Big3d, Inc., 438 B.R. 214, 220 (B.A.P. 9th Cir. 2010).


      By providing Lien and Title Information, the Security Agreement, Kelly Blue Book Value, and current value of the claim, Capital One has shown there is no equity and that its interest is not adequately protected. In re Gauvin, 24 B.R. 578, 580 (B.A.P. 9th Cir. 1982).


      To receive relief under 11 U.S.C. § 362(d), both elements— (1) debtor has no equity in the property and (2) property is not necessary for an effective organization—must be met. 3 Collier on Bankruptcy ¶ 362.07[4] (Richard Levin & Henry J. Sommer eds.,

      11:00 AM

      CONT...


      Regina Huber


      Chapter 13

      16th ed.). Capital One has provided evidence that Debtor does not have any equity in the property.


      The burden now shifts to the opposing party, the Debtor, to show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1). 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.). Debtor also has the burden of proving that the property at issue is necessary to an effective organization. 11 U.S.C. § 362(g).


      Debtor has not opposed the motion. Thus, she has not met her burden. Furthermore, pursuant to LBR 9013-1(h), failure to timely file and serve documents may be deemed as consent to the Court to grant or deny the motion. The Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. §§ 362(d)(1) and 362(d)(2). GRANT relief from Rule 4001(a)(3) stay. GRANT request under ¶ 2. DENY request under ¶11 as moot.


      APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.



      Party Information

      Debtor(s):

      Regina Huber Represented By Alon Darvish

      Movant(s):

      Capital One Auto Finance, a division Represented By

      Cheryl A Skigin

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:19-21168


      Franco M Romano


      Chapter 13


      #5.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2017 Kia Soul KNDJN2A25H7423192


      MOVANT: NAVY FEDERAL CREDIT UNION


      EH     


      Docket 17

      *** VACATED *** REASON: CASE DISMISSED 3/19/20

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Franco M Romano Represented By David L Nelson

      Movant(s):

      Navy Federal Credit Union Represented By

      Diana Torres-Brito

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:20-11697


      Caleb Gervin and Ashley Gervin


      Chapter 7


      #6.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2012 Toyota 4Runner, VIN: JTEZU5JR7C5035661


      MOVANT: AMERICREDIT FINANCIAL SERVICES, INC


      EH     


      Docket 9

      Tentative Ruling: Tentative Ruling:

      4/21/20


      Service: Proper Opposition: None


      To attain relief from stay under 11. U.S.C §362(d)(1) "cause" must be shown. Americredit Financial Services, Inc. doing business as GM Financial (hereinafter "GM") claims that there is a lack of adequate protection of its interest in its property. Adequate protection is intended to compensate a secured creditor whose collateral declines in value while it is in the possession of, and being used by, a…debtor." People’s Capital& Leasing Corp. v. Big3d, Inc., 438 B.R. 214, 220 (B.A.P. 9th Cir. 2010).


      By providing Certificate of Title, Retail Installment Sale Contract, and NADA Guides Value Report, GM has shown there is no negative equity and its interest is not adequately protected. In re Gauvin, 24 B.R. 578, 580 (B.A.P. 9th Cir. 1982).


      To receive relief under 11 U.S.C. § 362(d), both elements— (1) debtor has no equity in the property and (2) property is not necessary for an effective organization—must

      11:00 AM

      CONT...


      Caleb Gervin and Ashley Gervin


      Chapter 7

      be met. 3 Collier on Bankruptcy ¶ 362.07[4] (Richard Levin & Henry J. Sommer eds., 16th ed.). GM has provided evidence that Debtors do not have any equity in the property.


      The burden now shifts to the opposing party, the Debtors, to show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1). 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.). Debtors also have the burden of proving that the property at issue is necessary to an effective organization. 11 U.S.C. § 362(g).


      Debtors have not opposed the motion. Pursuant to LBR 9013-1(h), if a party does not timely file and serve documents, the Court may deem this lack of action to be consent to the granting or denial of the motion. Thus, the Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. §§ 362(d)(1) and 362(d)(2). GRANT relief from Rule 4001(a)(3) stay. GRANT request under ¶ 2. DENY request under ¶11 as moot.


      APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


      Party Information

      Debtor(s):

      Caleb Gervin Represented By

      Christopher Hewitt

      Joint Debtor(s):

      Ashley Gervin Represented By Christopher Hewitt

      Movant(s):

      AmeriCredit Financial Services, Inc. Represented By

      Sheryl K Ith

      11:00 AM

      CONT...

      Trustee(s):


      Caleb Gervin and Ashley Gervin


      Chapter 7

      Karl T Anderson (TR) Pro Se

      11:00 AM

      6:20-12030


      Jason R Reza


      Chapter 7


      #7.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2018 Ford Fusion, VIN: 3FA6P0G73JR224976


      MOVANT: FORD MOTOR CREDIT COMPANY LLC


      EH     


      Docket 8

      Tentative Ruling: Tentative Ruling:

      4/21/20


      Service: Proper Opposition: None


      To attain relief from stay under 11. U.S.C §362(d)(1) "cause" must be shown. Ford Motor Credit Company (hereinafter "Ford") claims that there is a lack of adequate protection of its interest in its property. Adequate protection is intended to compensate a secured creditor whose collateral declines in value while it is in the possession of, and being used by, a…debtor." People’s Capital& Leasing Corp. v. Big3d, Inc., 438 B.R. 214, 220 (B.A.P. 9th Cir. 2010).


      By providing Title Details, Retail Installment Sale Contract, and NADA Guides Value Report, Ford has shown there is no equity and that its interest is not adequately protected. In re Gauvin, 24 B.R. 578, 580 (B.A.P. 9th Cir. 1982).


      To receive relief under 11 U.S.C. § 362(d), both elements— (1) debtor has no equity in the property and (2) property is not necessary for an effective organization—must be met. 3 Collier on Bankruptcy ¶ 362.07[4] (Richard Levin & Henry J. Sommer eds.,

      11:00 AM

      CONT...


      Jason R Reza


      Chapter 7

      16th ed.). Ford has provided evidence that Debtor does not have any equity in the property.


      The burden now shifts to the opposing party, the Debtor, to show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1). 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.). Debtor also has the burden of proving that the property at issue is necessary to an effective organization. 11 U.S.C. § 362(g).


      Debtor has not opposed the motion. In the alternative, Debtor’s Statement of Intention shows that Debtor will surrender the 2018 Ford Fusion. Thus, the Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. §§ 362(d)(1) and 362(d)(2). GRANT relief from Rule 4001(a)(3) stay. GRANT request under ¶ 2. DENY request under ¶11 as moot.


      APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

      Party Information

      Debtor(s):

      Jason R Reza Represented By

      Paul Y Lee

      Movant(s):

      Ford Motor Credit Company LLC Represented By

      Sheryl K Ith

      Trustee(s):

      Todd A. Frealy (TR) Pro Se

      11:00 AM

      6:20-12103


      Juan J Castro and Sandra Aleman


      Chapter 7


      #8.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2018 Honda Accord, VIN: 1HGC V1F3 XJA2 52826


      MOVANT: AMERICAN HONDA FINANCE CORPORATION


      EH     


      Docket 8

      Tentative Ruling: Tentative Ruling:

      4/21/20


      Service: Proper Opposition: None


      To attain relief from stay under 11. U.S.C §362(d)(1) "cause" must be shown. American Honda Finance (hereinafter "Honda") claims that there is a lack of adequate protection of its interest in its property. Adequate protection is intended to compensate a secured creditor whose collateral declines in value while it is in the possession of, and being used by, a…debtor." People’s Capital& Leasing Corp. v. Big3d, Inc., 438 B.R. 214, 220 (B.A.P. 9th Cir. 2010).


      By providing Title Details, Retail Installment Sale Contract, and NADA Guides Value Report, Honda has shown there is no equity and that its interest is not adequately protected. In re Gauvin, 24 B.R. 578, 580 (B.A.P. 9th Cir. 1982).


      To receive relief under 11 U.S.C. § 362(d), both elements— (1) debtor has no equity in the property and (2) property is not necessary for an effective organization—must be met. 3 Collier on Bankruptcy ¶ 362.07[4] (Richard Levin & Henry J. Sommer eds.,

      11:00 AM

      CONT...


      Juan J Castro and Sandra Aleman


      Chapter 7

      16th ed.). Honda has provided evidence that Debtors do not have any equity in the property.


      The burden now shifts to the opposing party, the Debtors, to show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1). 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.). Debtors also have the burden of proving that the property at issue is necessary to an effective organization. 11 U.S.C. § 362(g).


      Debtors have not opposed the motion. In the alternative, Debtors’ Statement of Intention shows that Debtors will surrender the 2018 Honda Accord. Thus, the Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. §§ 362(d)(1) and 362(d) (2). GRANT relief from Rule 4001(a)(3) stay. GRANT request under ¶ 2. DENY request under ¶11 as moot.


      APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.



      Party Information

      Debtor(s):

      Juan J Castro Represented By

      Francis Guilardi

      Joint Debtor(s):

      Sandra Aleman Represented By Francis Guilardi

      Movant(s):

      American Honda Finance Represented By Vincent V Frounjian

      Trustee(s):

      Larry D Simons (TR) Pro Se

      11:00 AM

      6:20-12392


      Angelita Kurmen


      Chapter 13


      #9.00 Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate all property of the debtor


      MOVANT: ANGELITA KURMEN


      EH     


      Docket 16

      Tentative Ruling:

      TENTATIVE RULING:


      4/21/20


      Service: Proper Opposition: None


      On March 23, 2020 (hereinafter "Petition Date"), Angelita Kurmen (hereinafter "Debtor") filed a Chapter 13 voluntary petition.


      Debtor had one prior Chapter 13 voluntary petition, case number 6:19-bk-20243-MH ("Prior Case"), pending and dismissed within one-year period. In the Prior Case, Debtor failed to file certain required documents. At the confirmation hearing, Debtor had not provided (1) Federal and State Tax Returns, (2) plan payment at the 11 U.S.C.

      §341(a) meeting of the creditors, (3) nor a Secured Debt Payment History Declaration. Also, Debtor’s counsel advised that Debtor wanted a voluntary dismissal. For those reasons stated, the Court dismissed the case. Such dismissal, under 11 U.S.C. §362(c) (3)(B), results in this case being presumed to not be filed in good faith as to all creditors. In re Spahi, 2010 Bankr. Lexis 5013, *7-*8 (Bankr. C.D. Cal. 2010).


      To overcome the presumption of this case not being filed in good faith, the Debtor must provide clear and convincing evidence to the contrary. "[Clear and convincing evidence] is defined as that degree or measure of proof which will produce in the

      11:00 AM

      CONT...


      Angelita Kurmen


      Chapter 13

      mind of the trier of fact, a firm belief or conviction that the allegations sought to be established as true; it is ‘evidence so clear, direct weight[,] and convincing as to enable the fact finder to come to a clear conviction, without hesitancy, of the truth of the precise facts of the case.’" In re Castaneda, 342 B.R. 90 (Bankr. S.D. Cal. 2006) (citing Charles I, 332 B.R. 538, 542 (Bankr. S.D. TX. 2005)).


      Debtor states that she was on a "tight budget" in the Prior Case. She had separated from her husband and was living primarily on her husband’s support to meet her living expenses. With regard to this petition, Debtor has moved back in with her husband, and they are now working on their marriage. Debtor’s Prior Case Schedule I does show that Debtor was working and earning $1,000 per month, and she was receiving $2,500.00. This collaborates Debtor’s claim.


      In addition, in this case, Debtor has included her husband’s income in this petitions’ Schedule I, husband earns $7,170.00 monthly, which is a significant change in Debtor’s financial condition. Thus, Debtor’s has established, by clear and convincing evidence, that this case was filed in good faith. Thus, the Court is inclined to GRANT the motion. The stay remains in effect against all creditors.


      APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


      Party Information

      Debtor(s):

      Angelita Kurmen Represented By Rebecca Tomilowitz

      Movant(s):

      Angelita Kurmen Represented By Rebecca Tomilowitz Rebecca Tomilowitz Rebecca Tomilowitz Rebecca Tomilowitz

      11:00 AM

      CONT...

      Trustee(s):


      Angelita Kurmen


      Chapter 13

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:20-12393


      Rorye James Mosley, Sr.


      Chapter 13


      #10.00 Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate


      MOVANT: RORYE JAMES MOSLEY SR


      EH     


      Docket 14

      Tentative Ruling:

      TENTATIVE RULING:


      4/21/20


      Service: Improper Opposition: None


      On March 23, 2020 (hereinafter "Petition Date"), Rorye James Mosley, SR (hereinafter "Debtor") filed a Chapter 13 voluntary petition.


      Debtor had one prior Chapter 13 voluntary petition, case number 6:18-bk-13481-MH ("Prior Case"), pending and dismissed within the one-year period. In the Prior Case, Debtor failed to perform under a confirmed plan, which led to the Trustee filing a motion to dismiss because of a delinquent plan payment in the amount of $1,164.00. Debtor opposed the motion, claiming he mailed his plan payment on time; however, because he placed the wrong address on the payment, it was returned to him. Debtor then provided a copy of a new cashier check which he purported to have mailed in his opposition.


      At the time of the hearing, the cashier check "did not post" to the account deeming it delinquent. The Court then proceeded to dismiss the case. Such dismissal, under 11

      U.S.C. §362(c)(3)(B), results in this case being presumed to not be filed in good faith as to all creditors. In re Spahi, 2010 Bankr. Lexis 5013, *7-*8 (Bankr. C.D. Cal. 2010).

      11:00 AM

      CONT...


      Rorye James Mosley, Sr.


      Chapter 13


      In addition, in regard to the Prior Case, Carrington Mortgage Services, LLC (hereinafter "Carrington") filed a motion for relief from the automatic stay with respect to real property located at 40015 Tinderbox Way, Murrieta, CA 92562 (hereinafter the "Property"). Carrington and Debtor filed a stipulation agreement providing adequate protection for Carrington and continuing the stay on the Property. However, such action, under 11 U.S.C. §362(C)(3)(B), results in this case being presumed to not be filed in good faith as to Carrington. Id.


      Pursuant to the Miscellaneous Instructions of the Court, if in the prior case, a secured creditor filed a motion from relief from the automatic stay, the Debtor must serve the secured creditor’s counsel. In Debtor’s proof of service, he served Carrington but not its counsel:


      Prober & Raphael, A Law Corporation 20750 Ventura Boulevard #100 Woodland Hills, CA 91364


      To overcome the presumption of this case not being filed in good faith, the Debtor must provide clear and convincing evidence to the contrary. "[Clear and convincing evidence] is defined as that degree or measure of proof which will produce in the mind of the trier of fact, a firm belief or conviction that the allegations sought to be established as true; it is ‘evidence so clear, direct weight[,] and convincing as to enable the fact finder to come to a clear conviction, without hesitancy, of the truth of the precise facts of the case.’" In re Castaneda, 342 B.R. 90 (Bankr. S.D. Cal. 2006) (citing Charles I, 332 B.R. 538, 542 (Bankr. S.D. TX. 2005)).


      Debtor states that he was unable to make his play payments on time because he became forgetful while taking care of his sick mother. Dkt. No. 14, Decl. of Rorye Mosley. Debtor also mentioned that his mother’s health has improved, and, if it deteriorates again, his siblings would help. Id.


      "Mere statements by the movement in the motion does not carry evidentiary weight. The movant must provide detailed, competent, evidence sufficient…to rebut the presumption of bad faith." In re Castaneda, 342 B.R. at 96. In this case, Debtor has not provided detailed, competent, evidence sufficient to rebut the presumption of bad

      11:00 AM

      CONT...


      Rorye James Mosley, Sr.


      Chapter 13

      faith. Specifically, there is no detail nor supporting evidence as to what ailment Debtor’s mother has or had. Debtor did mention that his adult daughter helped with the care of his ailing mother. How was her help insufficient and how would his siblings’ help be sufficing?


      Debtor’s statements lacking detail are not sufficient to establish clear and convincing evidence to rebut the presumption pursuant to 11 U.S.C § 362(c)(3) that the case was not filed in good faith. Furthermore, service was improper because Debtor failed to serve Carrington’s counsel. Thus, the Court is inclined to CONTINUE the motion, so Debtor can address the Court’s concerns.


      APPEARANCES REQUIRED.


      Party Information

      Debtor(s):

      Rorye James Mosley Sr. Represented By Todd L Turoci

      Movant(s):

      Rorye James Mosley Sr. Represented By Todd L Turoci Todd L Turoci

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:30 AM

      6:17-20092


      Mark Bastorous and Bernadette Shenouda


      Chapter 7


      #11.00 CONT Chapter 7 Trustee's Motion for Order Authorizing Substantive Consolidation of the Debtors' Estate with 37 Related Businesses of the Debtors


      From: 3/4/20 EH     

      Docket 105


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Mark Bastorous Represented By Thomas F Nowland

      Joint Debtor(s):

      Bernadette Shenouda Represented By Thomas F Nowland

      Movant(s):

      John P Pringle (TR) Represented By David M Goodrich Reem J Bello

      Trustee(s):

      John P Pringle (TR) Represented By David M Goodrich Reem J Bello

      2:00 PM

      6:19-21185


      Sunyeah Group Corporation


      Chapter 11


      #12.00 CONT Notice of motion and motion for relief from automatic stay with supporting declarations ACTION IN NON-BANKRUPTCY FORUM RE: Kippartners, LP v.

      Sunyeah Group Corporation MOVANT: KIPPARTNERS, LP

      From: 3/24/20 EH     

      Docket 45

      Tentative Ruling:


      Landlord Kippartners, L.P. ("Movant") seeks relief from the automatic stay to enforce its state court judgment entered October 30, 2019 ("Judgment"), arguing that title to Debtor’s personal property remaining in Movant’s real property as of the petition date of December 30, 2019, vested in Movant on December 31, 2019, pursuant to the Stipulation for Judgment or Dismissal ("Stipulation"), which Movant argues was adopted by the Judgment. The Motion does not address the factors set forth in In re Curtis, 40 B.R. 795, 799-800 (D. Utah 1984), for evaluating a request to lift the stay to pursue a non-bankruptcy action. The Court nonetheless reviews Movant’s

      arguments.


      The Court agrees the Judgment is not controlling, as a review of the Judgment, the Stipulation and the underlying settlement agreement dated April 16, 2019, ("Agreement") make clear. The Stipulation essentially provides two alternative mechanisms by which Movant and Debtor agreed to resolve Debtor’s physical tenancy: (1) voluntarily, by Debtor’s departure on or before December 31, 2019, as reflected in paragraph 2 of the Stipulation, which paragraph also includes Debtor’s agreement to surrender its right to any personal property remaining on the premises after December 31, 2019, or (2) not voluntarily, under paragraph 3 of the Stipulation, by Movant obtaining a judgment for possession upon Debtor’s default under the terms of the Agreement; paragraph 3 does not contain any deemed abandonment

      2:00 PM

      CONT...


      Sunyeah Group Corporation


      Chapter 11

      language. Ultimately, Debtor left involuntarily, as upon Debtor’s breach Movant obtained the Judgment and a subsequent writ of possession ("Writ"), and Debtor was evicted on or about December 19, 2019.


      There has been no analysis, argument or evidence presented that it was the intent of the parties or otherwise the contractual agreement that the deemed abandonment of the Debtor’s personal property in paragraph 2 of the Stipulation was also effective upon a forced eviction after judgment of possession, and the plain reading of the Stipulation gives no basis for such a conclusion. Moreover, the Judgment similarly only grants possession as to the real property along with a money judgment, and the Writ expressly grants possession of real property and expressly not personal property. Simply stated, to the extent the Debtor’s agreement to abandon its personal property was independent of having until December 31, 2019 to vacate the premises,

      which does not appear to be the case, there is no legal or factual basis to conclude that by the Judgment and/or the Writ the state court vested ownership in the personal property in Movant as of December 31, 2019 (or at any other time). This conclusion is buttressed by the Debtor’s presumed bargained for benefit of having until December 31, 2019 to remove the personal property, which the record reflects is not easily moved, when the Debtor has not been able to access its former business premises to remove the personal property since December 19, 2019. Concededly the Judgment does reference the Stipulation (see the award for attorneys’ fees and the minute order), but certainly does not approve the Stipulation whole cloth or the abandonment provision, and is otherwise limited as set forth above.


      As to Movant’s Section 362(b)(10) argument, that section applies expressly to the stated term of the lease, which in this case does not expire until 2027, and the lease does not appear to have been amended. As to Movant’s argument under Section 365(d)(4) raised in the Reply, the Movant has not sought any relief under Section 365(d)(4).


      As to Debtor’s argument that any transfer of interest is avoidable, the Court notes that Debtor has not filed an avoidance action nor obtained a TRO.


      The Court notes all of this may be largely moot as the parties seem to be in agreement, at the end of the pleadings, that personal property remaining after the sale can be removed during a two-week period.

      2:00 PM

      CONT...


      Sunyeah Group Corporation


      Chapter 11


      Given that the Court declines to adopt Movant’s argument that the Judgment is controlling, and for the reasons set forth above and in Debtor’s opposition pleadings, the tentative is to DENY the motion.


      APPEARANCES REQUIRED


      Party Information

      Debtor(s):

      Sunyeah Group Corporation Represented By David B Golubchik Jeffrey S Kwong

      Movant(s):

      Kippartners, L.P. Represented By Sean A OKeefe

      2:00 PM

      6:11-12667


      Maximino Romero Torres and Rebecca Anne Torres


      Chapter 7


      #13.00 CONT Motion to Avoid Property Lien with Ford Motor Credit Company, LLC From: 3/4/20, 3/31/20

      Also #14 EH     

      Docket 56

      Tentative Ruling: 3/4/20

      BACKGROUND


      On September 26, 2011 ("Petition Date"), Maximino Romero Torres (hereinafter "Debtor") and Rebecca Anne Torres (hereinafter "Joint Debtor") (together hereinafter "Debtors") filed for Chapter 7 voluntary petition.


      In their commencement documents, Debtors listed their residence at 5975 Merced Road, Oak Hills, California 92344 (hereinafter the "Property"). The value of the Property was listed at $60,500.00, and the amount the Debtors’ homestead exemption, under Cal. Code Civ. Proc. §430(b)(1), in the Property was $42,303.71, the same amount as the secured claim on the Property owed by Chase Home Finance (hereinafter "Chase").


      On March 21, 2011, Debtors amended their Schedule B and Schedule C. Dkt.

      Nos. 17 and 18. However, Debtors left the Property’s value and exemption amount unchanged. Id. On May 19, 2011, Debtors received a discharge. The case was subsequently closed on May 23, 2011.


      On February 15, 2019, Debtors filed a motion to reopen their case to avoid a lien against their Property (hereinafter "First Motion to Reopen"). Dkt. No. 25.

      Debtors, in their First Motion to Reopen, stated that they were unaware of an abstract

      2:00 PM

      CONT...


      Maximino Romero Torres and Rebecca Anne Torres


      Chapter 7

      lien judgment placed on the Property on September 21, 2009, filed by Ford Motor Credit Company, LLC (hereinafter "FMC") and entered by Superior Court of California, County of San Bernardino.


      Debtors’ counsel became aware of the lien because the judgment was renewed on May 15, 2018. The renewed judgment amount accrued to $15,648.23 because of interest after judgment, credit after judgment, and fee for filing renewal application.


      On March 19, 2019, after reviewing the motion and good cause appearing, the Court granted the motion to reopen Debtors’ case for a period of sixty days. Dkt. No.

      1. The motion to avoid FMC’s abstract judgment lien under 11 U.S.C. §522(f) was subsequently filed by Debtors on March 29, 2019 (hereinafter "First Motion to Avoid Lien"). Dkt. No. 28.


        However, the motion was denied on April 26, 2019. Dkt. No. 30. The Court reasoned that Debtors provided insufficient evidence of the exempt status and the fair market value of the Property: the Debtors erroneously used the same exempt value as the secured claim value, and did not provide evidence of the fair market value of the Property. Id. On May 30, 2019, Debtors filed a second motion to avoid FMC’s abstract judgment lien under 11 U.S.C. §522 (f) (hereinafter the "Second Motion to Avoid Lien"). Dkt. No. 32. Even though the sixty-day period had expired on May 18, 2019, the Court still heard the motion and placed it on its calendar for hearing on July 31, 2019. Dkt. No. 35.


        On July 31, 2019, the Court heard the matter. Yet, again, the Court denied the motion without prejudice because of a list of errors:


        • On page 2, paragraph 5 of the motion, Debtors placed the wrong exempted amount.

        • on page 2, paragraph 9 of the motion, Debtors allege that the fair market value of the property was $60,500; however, they provided an appraisal claiming the fair market value of the property was $49,000;

        • on page 2, paragraph 10 of the motion, Debtor failed to include Chase’s lien on the property, alleged to be in the amount of $42,303.71; etc.


      On September 5, 2019, Debtors filed a third motion to avoid FMC’s abstract

      2:00 PM

      CONT...


      Maximino Romero Torres and Rebecca Anne Torres


      Chapter 7

      judgment lien under 11 U.S.C. §522(f) (hereinafter "Third Motion to Avoid Lien"). Dkt. No. 40. Yet again, on October 9, 2019, because of a list of errors and insufficient evidence that were listed above but never rectified, the Court denied the motion and closed the case.


      On November 5, 2019, Debtors filed a second motion to reopen the case to avoid a lien (hereinafter "Second Motion to Reopen"). After reviewing the case and good cause appearing, the Court granted the Second Motion to Reopen for a period of sixty days. Dkt. No. 54. The Debtors subsequently filed a fourth motion to avoid FMC’s abstract judgment lien under 11 U.S.C. §522(f) (hereinafter "Fourth Motion to Avoid Lien"). Dkt. No. 56.


      DISCUSSION


      I. Exemptions


      11 U.S.C §522 is the principal section governing exemptions. 11 U.S.C § 522(d) lists certain types of properties and the amount the Debtor can exempt for such type. However, States have the opportunity to prohibit their residence from choosing the exemption stated in that subsection. 11 U.S.C. §522(b).


      California happens to be one of those States. States that opted-out of the federal exemption provided by 11 U.S.C §522(d) can limit their residence to the exemptions available under applicable state and non-bankruptcy federal laws. 4 Collier on Bankruptcy ¶ 522.01 (Richard Levin & Henry J. Sommer eds., 16 ed.).


      Under Cal. Code of Civ. Proc. §730.050, the determination of whether property is exempt or the amount of an exemption shall be made by application of the exemption statutes in effect at (1) at the time the judgment creditor’s lien was created or (2) if the judgment creditor’s lien on the property is the latest in a series, at the time the earliest lien in the series of overlapping liens was created.


      In Debtors’ declaration in support of the motion, it states that Chase incurred a secured claim on August of 1990. However, like the other motions to avoid the FMC’s abstract judgment lien, this motion does not have any evidence of Chase’s

      2:00 PM

      CONT...


      Maximino Romero Torres and Rebecca Anne Torres


      Chapter 7

      lien. The lack of this evidence significantly prevents the Court to determine if FMC’s lien can actually be voided under 11 U.S.C. §522(f).


      Without evidence of Chase’s lien or its value, it quite difficult to determine the homestead exemption amount. The Debtors are allowed an exemption of their aggregate interest in the real property that the debtors use as a residence up to the value of the exemption. When Debtors’ homestead is subjected to a valid mortgage, which the Debtors allege the Chase lien is, the exemption is applied to the unencumbered interest of the first mortgage.


      Furthermore, California gives its residence one of two options for a homestead exemption: (1) a debtor may elect a set of exemptions under Cal. Code of Civ. Proc. § 703.140, including an homestead exemption of $24,060, or (2) claim the benefit of the homestead exemptions available to judgment debtors in Cal. Code of Civ. Proc. § 704.730, which provides three different amounts—$75,000, $100,000, and $175,000. In re Pladson, 35 F.3d 462, 464 (9th Cir. Ct. App. 1994).


      In their Memorandum of Points and Declaration of James A. Alderson in their Fourth Motion to Avoid the Lien, Debtors allege to exempt the Property under Cal.

      Code of Civ. Proc. §403(b)(1). Cal. Code of Civ. Proc. §403(b)(1), has nothing to do with homestead exemptions. This provision pertains to reclassification of civil actions and proceedings. However, on page 2, on Paragraph 5, Debtors claim an exemption in the amount of $18,196.29 under Cal. Code of Civ. Proc. §703(b)(1). This pertains to the correct section, exemptions, but it does not enlighten the court to what homestead exemption the Debtors elect.


      Nonetheless, under either of exemptions the Debtors can elect, the property would be encumbered if there was evidence of Chase’s lien existing and the value of that lien being what the Debtors allege. Yet again, the Court has no choice but to deny the motion after the Debtors fail to provide evidence that the Court has repeatedly asked for. In other words, without proof of a senior lien, there is sufficient equity in the residence to satisfy both the claimed exemption and the Ford judgment, and thus the lien does not impair the exemption.


      TENTATIVE RULING

      Opposition: None

      2:00 PM

      CONT...


      Maximino Romero Torres and Rebecca Anne Torres


      Chapter 7

      Service: Proper


      As set forth above, the Court DENIES this motion with prejudice. After repeatedly allowing the Debtors multiple bites at the proverbially apple and stating the type of evidence needed to determine whether the motion should be granted, the Court hereby orders that the case be closed.


      APPEARANCES REQUIRED.


      Party Information

      Debtor(s):

      Maximino Romero Torres Represented By James A Alderson

      Joint Debtor(s):

      Rebecca Anne Torres Represented By James A Alderson

      Movant(s):

      Maximino Romero Torres Represented By James A Alderson

      Rebecca Anne Torres Represented By James A Alderson James A Alderson

      Trustee(s):

      Patricia J Zimmermann (TR) Pro Se

      2:00 PM

      6:11-12667


      Maximino Romero Torres and Rebecca Anne Torres


      Chapter 7


      #14.00 CONT Order to show cause why James Alderson should not be: (1) Sanctioned in the amount of $5,000; and (2) Reported to the State Bar Disciplinary Committee for failure to conform to professional rules of conduct


      From: 3/31/20 Also #13

      EH     


      Docket 64


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Maximino Romero Torres Represented By James A Alderson

      Joint Debtor(s):

      Rebecca Anne Torres Represented By James A Alderson

      Trustee(s):

      Patricia J Zimmermann (TR) Pro Se

      2:00 PM

      6:18-10155


      Jose De Jesus Hernandez


      Chapter 11


      #15.00 CONT Confirmation of Chapter 11 Plan From: 3/31/20

      Also #16 EH     

      Docket 188

      Tentative Ruling:

      3/31/2020

      BACKGROUND

      On January 9, 2018, Jose de Jesus Hernandez ("Debtor") filed a Chapter 11 voluntary petition. On December 10, 2018, Debtor filed its first Chapter 11 plan and disclosure statement. On July 9, 2019 Debtor filed an amended disclosure statement and amended Chapter 11 plan. On November 6, 2019, the Court entered an order denying approval of Debtor’s amended disclosure statement. On November 15, 2019, Debtor filed the second amended disclosure statement and second amended Chapter 11 plan (the "Plan"). On February 7, 2020, the Court entered an order approving Debtor’s second amended disclosure statement.

      The Court set a hearing on confirmation of the Plan for March 31, 2020. On February 6, 2020, Debtor filed a notice of confirmation hearing. On February 20, 2020, Debtor filed a certification of service indicating service of the plan package, including: (a) ballots; (b) the Plan; (c) the second amended disclosure statement; (d) order approving the second amended disclosure statement; and (e) notice of confirmation hearing. On March 2, 2020, the Court approved a stipulation between Debtor and the California Department of Tax and Fee Administration ("CDTFA") regarding plan treatment. This

      2:00 PM

      CONT...

      Jose De Jesus Hernandez

      Chapter 11

      stipulation incorporated a previous stipulation approved on May 17, 2019, which provided, inter alia, that CDTFA "stipulates to cast a vote in favor confirmation of Debtor’s Plan of Reorganization once the disclosure statement is approved and solicitation of the Plan is authorized by the court."


      On March 17, 2020, Debtor filed a memorandum of points and authorities and a summary of ballots. The Court notes that these documents were filed four days after the Court’s directed deadline of March 13, 2020.


      DISCUSSION



      1. Ballots


        Pursuant to declaration filed February 20, 2020, Debtor timely transmitted its disclosure statement, Plan, ballots, and notice of confirmation hearing. The only ballot received by Debtor was from On Deck Capital, a Class 1 creditor which voted to accept Debtor’s Plan.


      2. Classes


        Unclassified Claims:



        Administrative Expenses: Estimated $50,000 fees for Debtor’s attorney, Eric Bensamochan, Esq., to be paid in full on the effective date of the plan.


        Priority Tax Claims. CDTFA ($196,467.16), the Franchise Tax Board ($12,272.95),

        2:00 PM

        CONT...


        Jose De Jesus Hernandez


        Chapter 11

        and the Internal Revenue Service ($92,925.42) all filed proofs of claims. The Plan states that priority tax claims are to be in full with 5% interest in equal monthly payments ending in January 2023. Debtor has stipulated with CDTFA, however, to pay its claim at 7% interest.


        Class 1: On Deck Capital (claim secured by business assets). The Class 1 claim is

        $139,434.96, to be paid in equal monthly payments over sixty months ending in June 2023. Class 1 has voted to accept the Plan.


        Class 2: US Bank (claim secured first deed of trust encumbering certain real property located at 3109 Ocelot Cir., Corona, California). Debtor to cure arrears ($17,831.08) over sixty monthly payments beginning the month after the effective date of the plan. Debtor to continue making mortgage payments pursuant to note.


        Class 3: Specialized Loan Servicing (claim secured by second deed of trust encumbering certain real property located at 3109 Ocelot Cir., Corona, California). Debtor to pay entirety of arrears ($1,729.31) within thirty-days of effective date of plan. Monthly mortgage payments to continue being made pursuant to note.


        Classes 4 and 5: Wells Fargo/Wells Fargo Bank N.A. (claims secured by first and second deed of trust encumbering certain real property located at 3095 Ocelot Cir., Corona, California). These claims should have been paid off in full pursuant to the sale of the property authorized by order entered December 4, 2019.


        Class 6: JP Morgan Chase (claim secured by 2008 Infiniti G35). Arrears ($77.54) shall be paid in full within thirty days of effective date of plan. Monthly payments to continue pursuant to contractual terms.


        Class 7: Nissan Infinity (claim secured by Nissan NV 200). Arrears ($665.50) shall be paid in full within thirty days of effective date of plan. Monthly payments to continue

        2:00 PM

        CONT...


        Jose De Jesus Hernandez


        Chapter 11

        pursuant to contractual terms.


        Class 8: CDTFA (Debtor has listed CDTFA as classified and unclassified). Plan states that non-contingent portion of claim ($127,360.64) shall be paid in 42 equal monthly payments at 7% interest.


        Priority Unsecured Creditors: Six different claims totaling $92,925.42. Debtor to pay $50k on effective date of plan, and then pay the remainder over thirty-six monthly payments beginning the second month after confirmation of the plan.


        Unsecured Creditors: Twelve claims totaling $47,584.04. Claims to be paid in equal monthly payments over sixty months – except claims that are $200 or less, which are to be paid in full within thirty days of the effective date of the plan. This appears to just be Juice Buds.


      3. Plan Confirmation


      "The bankruptcy court must confirm a Chapter 11 debtor’s plan of reorganization if the debtor provides by a preponderance of the evidence either (1) that the Plan satisfies all thirteen requirements of 11 U.S.C. § 1129(a), or (2) if the only condition not satisfied is the eighth requirement, 11 U.S.C. § 1129(a)(8), the Plan satisfies the ‘cramdown’ alternative to this condition found in 11 U.S.C. § 1129(b), which requires that the Plan ‘does not discriminate unfairly’ against and ‘is fair and equitable’ towards each impaired class that has not accepted the plan." In re Ambanc La Mesa Ltd. P’ship, 115 F.3d 650, 653 (9th Cir. 1997).


      A. 11 U.S.C. § 1129(a) requirements

      2:00 PM

      CONT...


      Jose De Jesus Hernandez


      Chapter 11

      1129(a)(1): "The plan complies with the applicable provisions of this title." The legislative history indicates that this requirement primarily refers to the requirements of 11 U.S.C. §§ 1122 and 1123. See In re Multiut Corp., 449 B.R. 323, 333 (Bankr.

      N.D. Ill. 1984). Section 1122 deals with the classification of claims, and requires that claims in a single class be substantially similar. The Court finds that the demarcation of classes is proper. Section 1123 deals with the contents of a plan, and identifies certain mandatory and permissive provisions. For the reasons set forth in the confirmation brief, it appears that Debtor is in compliance with § 1123.


      1129(a)(2): "The proponent of the plan complies with the applicable provisions of this title." The legislative history indicates that this requirement primarily refers to the disclosure requirements in § 1125. See In re Capitol Lakes, Inc., 2016 WL 3598536 at

      *2 (Bankr. W.D. Wis. 2016). Here, the Court has approved Debtor’s disclosure statement, and Debtor has provided a service declaration indicating that the required documents were served on creditors, and, therefore, it appears that this requirement has been satisfied.


      1129(a)(3): FED. R. BANKR. P. Rule 3020(b)(2) provides that: "If no objection is timely filed, the court may determine that the plan has been proposed in good faith and not by any means forbidden by law without receiving evidence on such issues." Here, no objection has been timely filed, and, as such, the Court deems the Plan to have been filed in good faith and not by any means forbidden by law. Therefore, this requirement is satisfied.


      1129(a)(4): Section II.B.1 of the Plan states that Court approval of administrative fees is required prior to payment. Therefore, it appears that this requirement has been satisfied.


      1129(a)(5): Because Debtor is an individual, this provision is inapplicable.


      1129(a)(6): Because Debtor is an individual, this provision is inapplicable.

      2:00 PM

      CONT...


      Jose De Jesus Hernandez


      Chapter 11


      1129(a)(7): This provision requires that either: (a) each class accepts the plan; or (b) will receive at least as much as it would receive in a hypothetical liquidation under Chapter 7. Debtor confirmation brief only vaguely addresses this provision.

      Liquidation analysis is provided as the final page (final attachment) to Debtor’s Plan.


      1129(a)(8): All classes are not deemed to have accepted the Plan. Confirmation brief addresses cramdown of classes 2, 3, 6, 7, and 9.


      1129(a)(9): This requirements appears to have been satisfied because administrative fees will be paid on the later of: (a) the effective date of the plan; (b) the date upon which an order is entered allowing the fees; or (c) a later date agreed to by the claimant. Priority tax claims are to be paid with 5% (or 7%) interest in full within sixty-months of the petition date.


      1129(a)(10): The ballot summary and ballots submitted by Debtor appear to indicate that Class 1 has accepted the Plan, and, therefore, it appears that this requirement is satisfied.


      1129(a)(11): This provision requires Debtor to demonstrate that "[c]onfirmation of the plan is not likely to be followed by the liquidation, or the need for further financial reorganization."


      Cash on hand required on effective date: $50k (administrative fees) + $1,729.31 (Class 3) + $77.54 (Class 6) + $665.50 (Class 7) + $50k (priority unsecured) + $190 (general unsecured) = $102,662.35. Confirmation brief says Debtor has about $100k, however, there is no evidence from Debtor to support this figure.

      2:00 PM

      CONT...


      Jose De Jesus Hernandez


      Chapter 11

      Monthly plan payments required: $2,323.92 (Class 1) + $297.18 (Class 2) + $3,244.67 (Class 8) + $1,192.37 (priority unsecured) = $7,058.14.


      General unsecured estimated at $789.90

      Priority tax claims (other than Class 8) estimated at $4,519.48


      Total monthly plan payment estimated at $12,367.52


      1129(a)(12): Section II.B.I. of the Plan indicates that all bankruptcy fees have been paid or will be paid by the effective date of the plan.


      1129(a)(13): This provision is inapplicable to the instant case.


      1129(a)(14): This provision is inapplicable to the instant case.


      1129(a)(15): No unsecured creditor objected to the Plan, and, therefore, this provision is inapplicable in the instant case.


      1129(a)(16): This provision is inapplicable to the instant case.


      Tentative Ruling:

      2:00 PM

      CONT...


      Jose De Jesus Hernandez


      Chapter 11

      The Court is inclined to CONTINUE the hearing for detailed evidence from Debtor as to ability to make effective date and ongoing plan payments. In addition, as to cramdown on Class 2, Debtor will need to supplement its analysis as it appears paying arrears over five years without interest does not satisfy the fair and equitable requirement of 11 U.S.C. § 1129(b)(2).


      APPEARANCES REQUIRED.


      Party Information

      Debtor(s):

      Jose De Jesus Hernandez Represented By

      Eric Bensamochan

      2:00 PM

      6:18-10155


      Jose De Jesus Hernandez


      Chapter 11


      #16.00 CONT Order (1) Setting Scheduling Hearing And Case Management Conference And (2) Requiring Status Report


      From: 10/23/18, 11/27/18, 1/29/19, 3/5/19, 6/11/19, 8/20/19, 10/29/19, 1/28/20, 2/4/20, 3/31/20


      Also #15 EH     

      Docket 96


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Jose De Jesus Hernandez Represented By

      Eric Bensamochan

      2:00 PM

      6:18-16908


      Visiting Nurse Association of the Inland Counties


      Chapter 11


      #17.00 Motion for Order Approving Debtor's Disclosure Statement Describing Liquidating Plan Dated February 28, 2020


      Also #18 EH         


      Docket 550


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Visiting Nurse Association of the Represented By

      David M Goodrich Beth Gaschen Jennifer Vicente Ryan W Beall Steven T Gubner Jason B Komorsky

      Movant(s):

      Visiting Nurse Association of the Represented By

      David M Goodrich David M Goodrich Beth Gaschen Beth Gaschen Jennifer Vicente Jennifer Vicente Ryan W Beall Ryan W Beall Steven T Gubner

      2:00 PM

      CONT...


      Visiting Nurse Association of the Inland Counties

      Steven T Gubner Jason B Komorsky Jason B Komorsky


      Chapter 11

      2:00 PM

      6:18-16908


      Visiting Nurse Association of the Inland Counties


      Chapter 11


      #18.00 CONT Order (1) Setting Scheduling Hearing And Case Management Conference And (2) Requiring Status Report


      From: 8/28/18, 9/25/18, 10/30/18, 11/13/18, 12/18/18, 2/26/19, 3/27/19, 5/1/19, 7/30/19, 9/17/19, 11/19/19, 2/4/20


      Also #17 EH     

      Docket 4


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Visiting Nurse Association of the Represented By

      David M Goodrich Beth Gaschen Jennifer Vicente Ryan W Beall Steven T Gubner Jason B Komorsky

      2:00 PM

      6:19-17537


      Jauregui Trucking, Inc.


      Chapter 11


      #19.00 CONT Emergency Hearing On Debtor's Motion For Authorization To Use Cash Collateral


      From: 9/4/19, 10/1/19, 11/12/19, 12/10/19, 1/7/20, 3/10/20, 3/24/20


      Also #20 & #21 EH         

      Docket 9


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Jauregui Trucking, Inc. Represented By Andrew S Bisom

      Movant(s):

      Jauregui Trucking, Inc. Represented By Andrew S Bisom

      2:00 PM

      6:19-17537


      Jauregui Trucking, Inc.


      Chapter 11


      #20.00 CONT Approval of Disclosure Statement From: 3/24/20

      Also #19 & #21 EH     

      Docket 107

      *** VACATED *** REASON: CONTINUED TO 7/28/20 AT 2:00 P.M.

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Jauregui Trucking, Inc. Represented By Andrew S Bisom

      2:00 PM

      6:19-17537


      Jauregui Trucking, Inc.


      Chapter 11


      #21.00 CONT Order (1) Setting Scheduling Hearing And Case Management Conference And (2) Requiring Status Report


      From:10/1/19, 11/12/19, 12/10/19, 1/7/20, 3/10/20, 3/24/20


      Also #19 & #20 EH     

      Docket 4

      *** VACATED *** REASON: CONTINUED TO 7/28/20 AT 2:00 P.M.

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Jauregui Trucking, Inc. Represented By Andrew S Bisom

      11:00 AM

      6:14-16813


      M. A. Tabor


      Chapter 7


      #1.00 Notice of Trustee's Final Report and Applications for Compensation EH     

      Docket 54


      Tentative Ruling:

      4/22/2020

      No opposition has been filed. Service was Proper.


      The applications for compensation of the Trustee and Counsel for the Trustee have been set for hearing on the notice required by LBR 2016-1. Pursuant to the Trustee's Final Report and the applications of the associated professionals, the Court is inclined to APPROVE the following administrative expenses:


      Trustee Fees: $ 37.68 Trustee Expenses: $ 48.54


      Attorney Fees: $ 2,887.62 Attorney Costs: $ 139.12


      Court Costs: $350


      APPEARANCES WAIVED. If written or oral opposition is presented at the hearing, the hearing may be continued. Trustee to lodge order within 7 days.

      Party Information

      Debtor(s):

      M. A. Tabor Represented By

      Judith Runyon

      Trustee(s):

      Todd A. Frealy (TR) Represented By

      11:00 AM

      CONT...


      M. A. Tabor


      Anthony A Friedman Lindsey L Smith


      Chapter 7

      2:00 PM

      6:18-12807


      G Hurtado Construction, Inc.


      Chapter 11

      Adv#: 6:18-01237 G Hurtado Construction, Inc. v. Catano et al


      #2.00 CONT Status Conference re Adversary case 6:18-ap-01237. Complaint by G Hurtado Construction, Inc. against Juan Catano, Faustino Magana, Donahoo & Associates, PC. (Charge To Estate - $350.00). -CLAIM OBJECTIONS Nature of Suit: 14 - Recovery of money/property - other, 91- Declaratory judgment


      From: 2/5/19, 6/5/19, 6/26/19, 1/15/20 EH     

      Docket 1

      *** VACATED *** REASON: STIPULATION AND ORDER ENTERED 2/14/20

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      G Hurtado Construction, Inc. Represented By Michael Jones Sara Tidd

      Defendant(s):

      Juan Catano Pro Se

      Faustino Magana Pro Se

      Donahoo & Associates, PC Pro Se

      Plaintiff(s):

      G Hurtado Construction, Inc. Represented By Michael Jones

      2:00 PM

      6:17-20092


      Mark Bastorous


      Chapter 7

      Adv#: 6:18-01064 Gerges et al v. Bastorous et al


      #3.00 CONT Status Conference Re: Adversary case 6:18-ap-01064. Complaint by Mona Gerges, Rafet Gerges, St. Mary Properties, LLC against Mark Bastorous, Bernadette Shenouda. 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


      From: 5/9/18, 5/16/18, 7/11/18, 8/22/18, 10/31/18, 11/14/18, 1/30/19, 2/27/19, 6/12/19, 7/10/19, 1/15/20


      EH     


      Docket 1


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Mark Bastorous Represented By Thomas F Nowland

      Defendant(s):

      Mark Bastorous Represented By Thomas F Nowland

      Bernadette Shenouda Represented By Thomas F Nowland

      Joint Debtor(s):

      Bernadette Shenouda Represented By Thomas F Nowland

      Plaintiff(s):

      Mona Gerges Represented By

      2:00 PM

      CONT...


      Mark Bastorous


      Louis J Esbin


      Chapter 7

      Rafat Gerges Represented By

      Louis J Esbin

      St. Mary Properties, LLC Represented By Louis J Esbin

      Trustee(s):

      John P Pringle (TR) Represented By David M Goodrich Reem J Bello

      2:00 PM

      6:13-16964


      Narinder Sangha


      Chapter 7

      Adv#: 6:13-01171 Schrader v. Sangha


      #4.00 Motion for Leave to File Second Amended Answer Also #5

      EH     


      Docket 359

      Tentative Ruling:

      4/22/2020

      BACKGROUND


      On April 18, 2013, Narinder Sangha ("Defendant") filed a Chapter 7 voluntary petition. On April 25, 2013, Charles Schrader ("Plaintiff") filed an adversary complaint against Defendant for non-dischargeability pursuant to 11 U.S.C. § 523(a) (6).


      On August 12, 2013, the Court entered its first scheduling order, directing the parties to complete mediation by October 16, 2013; that deadline was ultimately continued to October 29, 2013. On December 4, 2013, the Court entered a second scheduling order, directing the parties to complete mediation by January 31, 2014.


      On August 7, 2014, the Court entered an order granting Plaintiff’s motion for summary judgment, and a corresponding judgment. This judgment was appealed, ultimately being vacated and remanded by the Ninth Circuit on March 10, 2017. On April 19, 2017, Plaintiff filed a renewed motion for summary judgment which, after several continuances, was ultimately granted in part and denied in part on March 15,

      2:00 PM

      CONT...


      Narinder Sangha


      Chapter 7

      2019 (the "Opinion").


      Since the Court issued the Opinion granting partial summary judgment to Plaintiff, the parties have engaged in several discovery disputes, with Defendant switching counsel on multiple occasions during the course of the case. On May 3, 2019, Defendant filed a motion to reopen discovery. As noted by the Court on the hearing of May 22, 2019, the Court had never actually set a discovery deadline, and, therefore, the Court denied the motion. Based upon the discussion with parties at the hearings of May 22, 2019, the Court entered a scheduling order on May 24, 2019. The scheduling order set a discovery deadline of July 31, 2019, and a deadline to file dispositive motions of August 23, 2019.


      On July 10, 2019, the Court heard Defendant’s (then pro se) motion to serve additional discovery requests. That motion was denied for the reasons stated on the record at the hearing of July 10, 2019.


      On July 30, 2019, Defendant filed a motion to extend discovery cutoff and related dates. On September 3, 2019, the Court granted Defendant’s motion to extend the discovery cutoff to the limited extent of clarifying that discovery need only be propounded, not completed, by July 31, 2019. On October 16, 2019, Defendant filed a motion for sanctions against Plaintiff, which the Court ultimately denied.


      On October 28, 2019, Defendant filed a motion to reconsider the Opinion, arguing that: (1) the state court judgment was void for failure to properly plead damages; (2) issue preclusion was inappropriate because certain affirmative defenses were neither actually litigated nor necessarily decided; and (3) public policy is not served by application of issue preclusion. On November 12, 2019, Plaintiff filed his opposition. On December 16, 2019, the Court entered an order denying Defendant’s motion for reconsideration.


      On March 11, 2020, Plaintiff filed a motion, which was titled "Motion in Limine on Defendant’s First Affirmative Defense of Privilege." On March 18, 2020, Defendant

      2:00 PM

      CONT...


      Narinder Sangha


      Chapter 7

      filed an opposition. On April 1, 2020, the Court orally denied the motion.


      On March 31, 2020, Defendant filed a motion for leave to amend his answer to include affirmative defenses of truth and privilege. On April 6, 2020, Plaintiff filed his opposition. On April 15, 2020, Defendant filed a reply.


      DISCUSSION



      FED. R. CIV. P. Rule 15(a)(2), incorporated into bankruptcy proceedings by FED. R. BANKR. P. Rule 7015, provides that "a party may amend its pleading only with opposing party’s written consent or the court’s leave. The court should freely give leave when justice so requires."


      The Ninth Circuit has noted that there is a strong policy of allowing amendments, and has noted four factors for courts to consider: (1) bad faith; (2) undue delay; (3) prejudice to the opposing party; and (4) the futility of amendment. See, e.g., Kaplan v. Rose, 49 F.3d 1363, 1370 (9th Cir. 1994).


      While the parties brief, in detail, the application of the foregoing factors to Defendant’s request, the Court is not convinced that the parties have properly framed the issue. Defendant, in his reply brief, presents the following argument:


      [The] premise that a defense created by state law must be directed to a specific element of a claim of nondischargeability is unfounded and inaccurately frames the issue. As noted above, there are more determinations to be made at trial than deciding the mere question of willfulness under Section 523(a)(6). This is due to the complete lack of findings in the Default Judgment, which has limited issue preclusive effect.

      2:00 PM

      CONT...


      Narinder Sangha


      Chapter 7


      [Dkt. No. 364, pgs. 7-8].


      The Court does not agree with the logic presented in Defendant’s argument. Non- dischargeability actions can be filed whether there is or is not an underlying state court judgment evidencing the debt. When there is not an underlying state court judgment, the Court requires the non-dischargeability plaintiff to also adequately allege the existence of a debt, which typically requires that plaintiff to plead the elements of its claim with reference to state law. When the non-dischargeability plaintiff already has secured a state court judgment, however, the elements of the state court claim are no longer relevant, the debt having been proven, and the only remaining question is whether that judgment satisfies the applicable elements under 11 U.S.C. § 523(a).


      Here, the Court already determined that the findings made in state court were sufficient for the Court to apply issue preclusion to the § 523(a)(6) maliciousness prong. The Court also determined, however, that the state court judgment did not provide a basis for the Court to provide issue preclusion to the § 523(a)(6) willfulness prong. After the Court entered the Opinion, the only remaining issue in this adversary is the issue of willfulness. As a result, Defendant’s argument that its affirmative defenses do not need to apply to specific elements of § 523(a)(6) simply does not make sense. See, e.g., In re Gergely, 110 F.3d 1448, 1454 (9th Cir. 1997) (state law affirmative defense is irrelevant after debt has been established). Because Plaintiff would not be precluded from establishing the element of willfulness even if Defendant successfully established its affirmative defenses of truth and privilege, the proffered "affirmative defenses" are not actually affirmative defenses to this action. Instead, what Defendant seeks to do is relitigate the malicious prong of 523(a)(6), and that time has passed.


      Tentative Ruling:



      The proposed amendment being futile, the Court is inclined to DENY the motion.

      2:00 PM

      CONT...


      Narinder Sangha


      Chapter 7


      APPEARANCES REQUIRED.


      Party Information

      Debtor(s):

      Narinder Sangha Represented By Deepalie M Joshi

      Defendant(s):

      Narinder Sangha Represented By Deepalie M Joshi Charity J Manee

      Movant(s):

      Narinder Sangha Represented By Deepalie M Joshi Charity J Manee

      Plaintiff(s):

      Charles Edward Schrader Pro Se

      Trustee(s):

      Karl T Anderson (TR) Pro Se

      2:00 PM

      6:13-16964


      Narinder Sangha


      Chapter 7

      Adv#: 6:13-01171 Schrader v. Sangha


      #5.00 CONT Status Conference RE: [1] Adversary case 6:13-ap-01171. Complaint by Charles Edward Schrader against Narinder Sangha . willful and malicious injury))


      From: 4/17/19, 5/22/19, 8/28/19, 11/6/19, 1/29/20, 3/4/20, 4/1/20


      Also #4 EH     

      Docket 1


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Narinder Sangha Represented By Deepalie M Joshi

      Defendant(s):

      Narinder Sangha Represented By Deepalie M Joshi Charity J Manee

      Plaintiff(s):

      Charles Edward Schrader Pro Se

      Trustee(s):

      Karl T Anderson (TR) Pro Se

      2:00 PM

      6:17-15816


      Integrated Wealth Management Inc and Anthony Pisano


      Chapter 11


      #6.00 CONT Post Confirmation Status Conference From: 10/23/18, 4/10/19, 10/9/19

      EH     


      Docket 277


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Integrated Wealth Management Inc Represented By

      Andrew B Levin Robert E Opera Jim D Bauch

      11:00 AM

      6:10-20626


      Irma Cantu


      Chapter 13

      Adv#: 6:17-01057 Cantu v. Ocwen Loan Servicing, LLC et al


      #1.00 CONT Status Conference RE: [1] Adversary case 6:17-ap-01057. Complaint by Irma Cantu against Ocwen Loan Servicing, LLC. (Fee Not Required). Nature of Suit: (21 (Validity, priority or extent of lien or other interest in property)),(65 (Dischargeability - other)),(72 (Injunctive relief - other)) (Cravens, Leonard)


      From: 11/15/18, 6/6/19, 10/18/19, 12/19/19, 1/30/20


      EH     


      Docket 1

      Debtor(s):

      *** VACATED *** REASON: CONTINUED TO 4/30/20 AT 11:00 A.M.

      Party Information

      Irma Cantu Represented By

      Leonard J Cravens

      Defendant(s):

      Ocwen Loan Servicing, LLC Represented By Adam N Barasch

      Ocwen Loan Servicing, LLC Represented By Adam N Barasch

      Plaintiff(s):

      Irma Cantu Represented By

      Leonard J Cravens

      Trustee(s):

      Rod (MJ) Danielson (TR) Pro Se

      11:00 AM

      6:17-12149


      Irma Dalia Cantu


      Chapter 13


      #2.00 CONT Debtor's Motion for Order Disallowing Claim no 1-1 filed by Ocwen Loan Servicing, LLC

      (HOLDING DATE)


      From: 6/4/18, 8/30/18, 11/15/18, 6/6/19, 10/17/19, 12/19/19, 1/30/20


      EH     


      Docket 24

      Debtor(s):

      *** VACATED *** REASON: CONTINUED TO 4/30/20 AT 11:00 A.M.

      Party Information

      Irma Dalia Cantu Represented By Leonard J Cravens

      Movant(s):

      Irma Dalia Cantu Represented By Leonard J Cravens Leonard J Cravens

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:15-20410

      Lewis Halfbreed Morris and Debra Denise Morris

      Chapter 13


      #1.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 2688 West Calle Vista Drive, Rialto, California 92377


      MOVANT: NATIONSTAR MORTGAGE LLC


      EH     


      Docket 53


      Tentative Ruling:

      4/28/2020


      Service: Proper Opposition: Late


      Parties to apprise Court of status of adequate protection discussions, if any.


      APPEARANCES REQUIRED.

      Party Information

      Debtor(s):

      Lewis Halfbreed Morris Represented By David Lozano

      Joint Debtor(s):

      Debra Denise Morris Represented By David Lozano

      Movant(s):

      Nationstar Mortgage LLC D/B/A Represented By

      Angie M Marth Jacky Wang

      11:00 AM

      CONT...

      Trustee(s):


      Lewis Halfbreed Morris and Debra Denise Morris


      Chapter 13

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:17-17715


      Jorge Luis Luviano and Giovanna Toledo De Luviano


      Chapter 13


      #2.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: Property known as 5896 Avenue Juan Bautista, Riverside, CA 92509


      MOVANT: MIDFIRST BANK


      From: 3/31/20 EH         

      Docket 44


      Tentative Ruling:

      3/31/2020


      Service: Proper Opposition: None


      The Court is inclined to:

      -GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1).

      -GRANT waiver of Rule 4001(a)(3) stay.

      -GRANT requests under ¶¶ 2, 3, and 14.

      -DENY alternative request under ¶ 13 as moot.


      APPEARANCES REQUIRED.

      Party Information

      Debtor(s):

      Jorge Luis Luviano Represented By James G. Beirne

      Joint Debtor(s):

      Giovanna Toledo De Luviano Represented By James G. Beirne

      11:00 AM

      CONT...

      Movant(s):


      Jorge Luis Luviano and Giovanna Toledo De Luviano


      Chapter 13

      MidFirst Bank Represented By Gilbert R Yabes Joseph C Delmotte Darlene C Vigil

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:18-17676


      Patricia Ellen Bond-Gomez


      Chapter 13


      #3.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 12247 Ponce De Leon Drive, Moreno Valley, CA 92557


      MOVANT: WILMINGTON SAVINGS FUND SOCIETY, FSB


      From: 1/7/20, 2/4/20, 3/3/20, 3/24/20, 4/14/20 EH        

      Docket 71

      *** VACATED *** REASON: ORDER ENTERED 4/24/20

      Tentative Ruling:

      1/7/2020


      Service is Proper Opposition: Yes

      Movant to apprise Court of status of arrears. APPEARANCES REQUIRED.

      Party Information

      Debtor(s):

      Patricia Ellen Bond-Gomez Represented By John F Brady

      Movant(s):

      Wilington Savings Fund Society, Represented By

      Dane W Exnowski Erin M McCartney Mark S Krause

      11:00 AM

      CONT...

      Trustee(s):


      Patricia Ellen Bond-Gomez


      Chapter 13

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:19-11710


      Heather Ann Pessoa Bond


      Chapter 13


      #4.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 2109 Old Bridge Rd, Riverside, CA 92506


      MOVANT: HSBC BANK USA, N.A.


      EH     


      Docket 104


      Tentative Ruling:

      4/28/2020


      Service: Proper Opposition: None


      11 U.S.C. § 362(c)(3)(A) provides that


      1. if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding 1-year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under section 707(b) –

        1. the stay under subsection (a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case;


      Here, Debtor had a previous Chapter 13 case dismissed on April 27, 2018, less than one year before the instant case was filed. Debtor not having calendared a motion to continue the automatic stay, the automatic stay expired on April 3, 2019. Therefore, the automatic stay no longer being in effect, the Court is inclined to DENY the motion as MOOT.


      APPEARANCES REQUIRED.

      11:00 AM

      CONT...


      Debtor(s):


      Heather Ann Pessoa Bond

      Party Information


      Chapter 13

      Heather Ann Pessoa Bond Represented By Matthew D. Resnik

      Movant(s):

      HSBC BANK USA, N.A. Represented By Eric P Enciso Sean C Ferry

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:19-19814


      Jay Tony Klester


      Chapter 13


      #5.00 Notice of motion and motion for relief from the automatic stay with supporting declarations UNLAWFUL DETAINER RE: 891 Sugar Pine Circl, Banning, CA


      MOVANT: XW GROUP INC


      EH     


      Docket 38


      Tentative Ruling:

      4/28/2020


      Service: Proper Opposition: None


      The Court is inclined to:

      -GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1) and (2).

      -GRANT waiver of Rule 4001(a)(3) stay.

      -GRANT request under ¶ 2.

      -DENY request for relief from § 1301(a) co-debtor stay because no co-debtor was served with this motion.

      -DENY requests for relief under ¶¶ 7, 8, 9 and 11. All of these requests for in rem relief are traceable to Movant’s argument that the case was filed in bad faith. This Court, however, has already adjudicated that the case was filed in good faith on multiple occasions: (1) when the Court imposed the automatic stay on December 17, 2019; and (2) when the Chapter 13 plan was confirmed on March 30, 2020. See, e.g., Arizona v. California, 460 U.S. 605 (1983) (outlining law of the case doctrine). In addition, the request under § 362(d)(4) is inapplicable because Movant is no longer a secured creditor. The Court notes that if Debtor were to file another case on or before August 5, 2019, Debtor would need to seek to impose the automatic stay in that case.

      - Regarding Movant’s request to annul the automatic stay, the Bankruptcy Appellate Panel, in In re Fjeldsted, noted the absence of a clear standard for annulment of the automatic stay. 293 B.R. 12, 21 (B.A.P. 9th Cir. 2003) ("There is less appellate clarity, however, in enunciating a test for retroactive stay relief. Inconsistent standards have

      11:00 AM

      CONT...


      Jay Tony Klester


      Chapter 13

      thus developed, which run the gamut from such relief being justified only in ‘extreme circumstances’ to giving the court ‘wide latitude’ to ‘balance the equities’ on a case- by-case basis."). More recently, the Bankruptcy Appellate Panel stated the following regarding the standard for annulment of the automatic stay:


      Determining whether cause exists to annul the stay is a case-by-case inquiry based on a balance of the equities. In conducting this inquiry the bankruptcy court, among other factors, should consider whether the creditor knew of the bankruptcy when violating the stay and whether the debtor’s conduct was unreasonable, inequitable or prejudicial to the creditor.


      In Fjeldsted, we approved additional factors for consideration in assessing the equities. The twelve nonexclusive factors are: (1) number of filings; (2) whether, in a repeat filing case, the circumstances indicate an intention to delay and hinder creditors; (3) a weighing of the extent of prejudice to creditors or third parties if the stay relief is not made retroactive, including whether harm exists to a bona fide purchaser; (4) the debtor’s overall good faith (totality of circumstances test); (5) whether creditors knew of stay but nonetheless took action, thus compounding the problem; (6) whether the debtor has complied, and is otherwise complying, with the Bankruptcy Code and Rules; (7) the relative ease of restoring parties to the status quo ante; (8) the costs of annulment to debtors and creditors; (9) how quickly creditors moved for annulment, or how quickly debtor moved to set aside the sale or violative conduct; (10) whether, after learning of the bankruptcy, creditors proceeded to take steps in continued violation of the stay, or whether they moved expeditiously to gain relief; (11) whether annulment of the stay will cause irreparable injury to the debtor; and (12) whether stay relief will promote judicial economy or other efficiencies. The Panel in Fjeldsted cautioned that the twelve factors are merely a framework for analysis and not a scorecard, and that in any given case, one factor may so outweigh the others as to be dispositive.

      11:00 AM

      CONT...


      Jay Tony Klester


      Chapter 13

      In re Estavan Capital LLC, 2015 WL 7758494 at *5 (B.A.P. 9th Cir. 2015) (citations and quotations omitted); see also In re Nat’l Envtl. Waste Corp., 129 F.3d 1052, 1055 (9th Cir. 1997) ("Many courts have focused on two factors in determining whether cause exists to grant relief from the stay: (1) whether the creditor was aware of the bankruptcy petition; and (2) whether the debtor engaged in unreasonable or inequitable conduct, or prejudice would result to the creditor.").


      Fjeldsted cautioned that the enumerated factors are not a scorecard, but the standards articulated above weigh in favor of annulling the stay in this case. The holding of a foreclosure sale, the recording of the trustee’s deed upon sale, the filing of the notice to quit, and the filing of the unlawful detainer action all occurred before the automatic stay was imposed in this case. As a result, it not clear what actions were actually taken in violation of the automatic stay, other than the state court’s entry of a UD judgment. Additionally, the Court notes that Debtor’s Schedule D filed on the petition date (before the foreclosure sale occurred) did not list any creditor holding a secured claim against the subject real property. As a result, it appears that Debtor deliberately declined to serve either the foreclosure seller or the foreclosure purchaser with notice of the bankruptcy. Furthermore, the Court notes that Debtor has had seven bankruptcy cases previously dismissed, including two in 2018 and two in 2019; all four of the recent cases were dismissed for failure to file information. Finally, Movant has submitted a declaration indicating that, once it learned of the bankruptcy filing, it took no further action to violate the stay, and instead filed the instant motion. The two primary factors articulated by the Ninth Circuit in In re Nat’l Evtl. Waste Corp. both heavily weighing in favor of annulling the automatic stay, and Debtor not having filed any opposition to the instant motion, which the Court deems consent to the relief requested pursuant to Local Rule 9013-1(h), the Court is inclined to GRANT the request to annul, annulling the automatic stay retroactive to December 17, 2019.


      APPEARANCES REQUIRED.

      Party Information

      Debtor(s):

      Jay Tony Klester Represented By Yelena Gurevich

      11:00 AM

      CONT...

      Movant(s):


      Jay Tony Klester


      Chapter 13

      XW Group Inc Represented By John E Bouzane

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:20-11697


      Caleb Gervin and Ashley Gervin


      Chapter 7


      #6.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2007 Lexus GX, VIN:JTJBT20X770146508


      MOVANT: SANTANDER CONSUMER USA INC


      EH     


      Docket 11


      Tentative Ruling:

      4/28/2020


      Service: Proper Opposition: None


      11 U.S.C. § 362(c)(4)(i) provides that


      if a single or joint case is filed by or against a debtor who is an individual under this title, and if 2 or more single or joint cases of the debtor were pending within the previous year but were dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under section 707(b), the stay under subsection (a) shall not go into effect upon the filing of the later case


      Here, Debtors had two previous Chapter 13 cases dismissed in the year preceding the instant bankruptcy case. Debtors not having filed a motion to impose the automatic stay, the automatic stay did not arise in this case. Therefore, the automatic stay never having arisen in this case, the Court is inclined to DENY the motion as MOOT.


      APPEARANCES REQUIRED.

      Party Information

      11:00 AM

      CONT...

      Debtor(s):


      Caleb Gervin and Ashley Gervin


      Chapter 7

      Caleb Gervin Represented By

      Christopher Hewitt

      Joint Debtor(s):

      Ashley Gervin Represented By Christopher Hewitt

      Movant(s):

      Santander Consumer USA Inc. Represented By Sheryl K Ith

      Trustee(s):

      Karl T Anderson (TR) Pro Se

      11:00 AM

      6:20-11978


      Robert Joseph Slapp, III


      Chapter 13


      #7.00 CONT Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate 34119 Galleron St., Temecula, CA 92592


      MOVANT: ROBERT JOSEPH SLAPP, III


      From: 4/14/20 EH     

      Docket 15


      Tentative Ruling:

      4/14/2020


      Service: Proper Opposition: None


      In this case, a statutory presumption of bad faith arises pursuant to11

      U.S.C. § 362(c)(4)(D)(i)(I)-(II) because Debtor had (a) three bankruptcy cases dismissed in the previous year; and (b) had a case dismissed for failure to file requirement documents. Section 362(c)(4)

      (D) requires that the statutory presumption of bad faith be rebutted by "clear and convincing evidence." Here, the evidence submitted to the Court merely implies that Debtor has a higher paying job now, without any detail describing the change in Debtor’s financial circumstances. As a result, the Court is inclined to CONTINUE the matter for Debtor to provide supplemental evidence.


      APPEARANCES REQUIRED.

      Party Information

      Debtor(s):

      Robert Joseph Slapp III Represented By

      11:00 AM

      CONT...


      Movant(s):


      Robert Joseph Slapp, III


      Nicholas M Wajda


      Chapter 13

      Robert Joseph Slapp III Represented By Nicholas M Wajda Nicholas M Wajda

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:20-12020


      Crystal Ruelas


      Chapter 7


      #8.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2018 Chevrolet Silverado, VIN: 3GCPCREC1JG385398


      MOVANT: AMERICREDIT FINANCIAL SERVICES, INC


      EH     


      Docket 10


      Tentative Ruling:

      4/28/2020


      Service: Proper Opposition: None


      The Court is inclined to:

      -GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1) and (2).

      -GRANT waiver of Rule 4001(a)(3) stay.

      -GRANT request under ¶ 2.

      -DENY alternative request under ¶ 11 as moot.


      APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

      Party Information

      Debtor(s):

      Crystal Ruelas Represented By Daniel F Jimenez

      Movant(s):

      AmeriCredit Financial Services, Inc. Represented By

      Mandy D Youngblood Sheryl K Ith

      11:00 AM

      CONT...

      Trustee(s):


      Crystal Ruelas


      Chapter 7

      Todd A. Frealy (TR) Pro Se

      11:00 AM

      6:20-12068


      Joseph Daniel Melillo and Kimberly Maureen Melillo


      Chapter 7


      #9.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2010 Ford F150, VIN: 1FTFW1EV0AFA97993


      MOVANT: AMERICREDIT FINANCIAL SERVICES, INC


      EH     


      Docket 8


      Tentative Ruling:

      4/28/2020


      Service: Proper Opposition: None


      The Court is inclined to:

      -GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1).

      -GRANT waiver of Rule 4001(a)(3) stay.

      -GRANT request under ¶ 2.

      -DENY alternative request under ¶ 11 as moot.


      APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

      Party Information

      Debtor(s):

      Joseph Daniel Melillo Represented By

      Arnold H. Wuhrman

      Joint Debtor(s):

      Kimberly Maureen Melillo Represented By

      Arnold H. Wuhrman

      11:00 AM

      CONT...

      Movant(s):


      Joseph Daniel Melillo and Kimberly Maureen Melillo


      Chapter 7

      AmeriCredit Financial Services, Inc. Represented By

      Mandy D Youngblood Sheryl K Ith

      Trustee(s):

      Larry D Simons (TR) Pro Se

      11:00 AM

      6:20-12390


      Jalal A. Ali


      Chapter 7


      #10.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2015 Freightliner CA125SLP; VIN# 3AKJGLBG6FSGN0342


      MOVANT: MERCEDES-BENZ FINANCIAL SERVICES USA LLC


      EH     


      Docket 9


      Tentative Ruling:

      4/28/2020


      Service: Proper Opposition: None


      The Court is inclined to:

      -GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1) and (2).

      -GRANT waiver of Rule 4001(a)(3) stay.

      -GRANT request under ¶ 2.

      -DENY alternative request under ¶ 11 as moot.


      APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

      Party Information

      Debtor(s):

      Jalal A. Ali Represented By

      Christopher J Langley

      Movant(s):

      Mercedes-Benz Financial Services Represented By

      John H Kim

      11:00 AM

      CONT...

      Trustee(s):


      Jalal A. Ali


      Chapter 7

      Charles W Daff (TR) Pro Se

      2:00 PM

      6:17-15816


      Integrated Wealth Management Inc


      Chapter 11

      Adv#: 6:19-01177 Issa v. Pisano


      #11.00 CONT Status Conference RE: [1] Adversary case 6:19-ap-01177. Complaint by

      J. Michael Issa against Anthony Pisano. (13 (Recovery of money/property - 548 fraudulent transfer)) (Ignatuk, Joseph)


      From: 2/25/20 EH     

      Docket 1


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Integrated Wealth Management Inc Represented By

      Andrew B Levin Robert E Opera Jim D Bauch

      Defendant(s):

      Anthony Pisano Represented By Scott P Schomer

      Plaintiff(s):

      J. Michael Issa Represented By Joseph R Ignatuk

      2:00 PM

      6:19-17537


      Jauregui Trucking, Inc.


      Chapter 11


      #12.00 Motion RE: Objection to Claim Number 9 by Claimant EDD EH     

      Docket 128

      *** VACATED *** REASON: CONTINUED TO 5/26/20 AT 2:00 P.M.

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Jauregui Trucking, Inc. Represented By Andrew S Bisom

      Movant(s):

      Jauregui Trucking, Inc. Represented By Andrew S Bisom

      2:00 PM

      6:19-21185


      Sunyeah Group Corporation


      Chapter 11


      #13.00 Motion For Order Authorizing Sales Of Estate's Right, Title, And Interest In Vehicles


      EH     


      Docket 73

      *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 4/23/20

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Sunyeah Group Corporation Represented By David B Golubchik Jeffrey S Kwong

      Movant(s):

      Sunyeah Group Corporation Represented By David B Golubchik Jeffrey S Kwong

      2:00 PM

      6:20-11354


      Dimlux LLC


      Chapter 11


      #14.00 CONT Notice of motion and motion for relief from stay with supporting declarations ACTION IN NON-BANKRUPTCY FORUM RE: Mansour-Hussein Barghi vs. Kasra Barghi, Dimlux, LLC et al, docket no# LD106244


      MOVANT: MANSOUR HOSSEIN BARGHI


      From: 3/31/20 Also #15

      EH     


      Docket 23


      Tentative Ruling:

      4/28/2020


      Service: Adequate Opposition: Yes


      On February 21, 2020, Dimlux LLC ("Debtor") filed a skeletal Chapter 11 voluntary petition. On March 5, 2020, Mansour Barghi ("Movant") filed a motion for relief from the automatic stay along with an application shortening time requesting that the Court set a hearing on the matter by March 10, 2020. The Court denied the application shortening time by order entered March 5, while pointing out that the allegation that Debtor was a repeat filer appeared to be incorrect. On March 9, 2020, Movant filed an amended motion that set the matter for hearing on March 31, 2020. Movant requests relief from stay to continue with state court litigation pending in Los Angeles.

      Movant’s state court complaint contains causes of action for: (1) quiet title; (2) interference with prospective economic advantage; (3) intentional infliction of emotional distress; (4) fraud; and (5) injunction. The state court complaint contains defendants other than Debtor, the primary defendant being Movant’s son. Debtor is only a defendant as to the first, fourth, and fifth causes of action.

      2:00 PM

      CONT...


      Dimlux LLC


      Chapter 11

      At the hearing on March 31, 2020, the Court noted that: (a) the motion was not properly served on Debtor; (b) the motion contained insufficient evidence to support a bad faith finding; and (c) the motion contained insufficient evidence to warrant annulment of the automatic stay. The Court ultimately continued the hearing for four weeks for Movant to file a supplement addressing these points.


      On April 7, 2020, Movant filed a supplement that, while providing supplemental briefing relating to standard relief under 11 U.S.C. § 362(d)(1), did not actually address any of the three issues noted in the preceding paragraph. On April 14, 2020, Debtor filed its response, arguing that service remained improper and generally opposing the motion. The Court notes that the proof of service for the opposition is not signed at all, so service of Debtor’s opposition is also improper. On April 21, 2020, Movant filed a reply.


      The Court notes that while none of the pleadings filed in relation to this matter have been properly served, the parties clearly have knowledge of the respective pleadings and have been afforded an adequate time to respond. As a result, the Court is inclined to waive the requirement of Local Rule 4001-1(c)(1)(C)(i) that the Debtor itself (and not just Debtor’s attorney) be properly served with the motion.


      Turning to the merits of the motion, the Court notes that while Movant argues that 28

      U.S.C. § 1334(c)(2) applies here, and Debtor does not raise an argument otherwise, a finding that mandatory abstention is appropriate does not automatically result in relief from stay. See, e.g., In re Conejo Enters., Inc., 96 F.3d 346, 352 (9th Cir. 1996) ("First, a finding that mandatory abstention applies to the underlying state action does not preclude denial of relief from § 362’s automatic stay.").


      When considering a motion for relief from the automatic stay to pursue a non- bankruptcy action, the Court considers the Curtis factors:


      (1) Whether the relief will result in a partial or complete resolution of the issues; (2) the lack of any connection with or interference with the bankruptcy case; (3) whether the foreign proceeding involves the debtor as fiduciary; (4) 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; (5) whether the debtor’s

      2:00 PM

      CONT...


      Dimlux LLC

      insurance carrier has assumed full financial responsibility for defending the litigation; (6) whether the action essentially involves third parties, and the debtor functions only as a bailee or conduit for the good or proceeds in question; (7) whether the litigation in another forum would prejudice the interests of other creditors, the creditor’s committee and other interested parties; (8) whether the judgment claim arising from the foreign action is subject to equitable subordination; (9) whether movant’s success in the foreign proceeding would result in a judicial lien avoidable by the debtor under Section 522(f); (10) the interests of judicial economy and the expeditious and economical determination of litigation for the parties; (11) whether the foreign proceedings have progressed to the point where the parties are prepared for trial; and (12) the impact of the stay and the "balance of hurt."


      Chapter 11


      In re Roger, 539 B.R. 837, 844-45 (C.D. Cal. 2015). In Roger, the Court further stated:


      The Ninth Circuit has recognized that the Curtis factors are appropriate, nonexclusive, factors to consider in deciding whether to grant relief from the automatic stay to allow pending litigation to continue in another forum. While the Curtis factors are widely used to determine the existence of cause, not all of the factors are relevant in every case, nor is a court required to give each factor equal weight.

      According to the court in Curtis, the most important factor in determining whether to grant relief from the automatic stay to permit litigation against the debtor in another forum is the effect of such litigation on the administration of the estate. Even slight interference with the administration may be enough to preclude relief in the absence of a commensurate benefit. That said, some cases involving the automatic stay provision do not mention the Curtis factors at all.

      Nevertheless, although the term "cause" is not defined in the Code, courts in the Ninth Circuit have granted relief from stay under § 362(d)

      (1) when necessary to permit pending litigation to be concluded in another forum if the non-bankruptcy suit involves multiple parties or is

      2:00 PM

      CONT...


      Dimlux LLC

      ready for trial.


      Chapter 11


      Id. at 845 (quotations and citations omitted). As is typically the case, "[t]he record does not indicate that Curtis factors 3, 4, 5, 6, 8, or 9 are at issue in this case, nor do the parties argue to the contrary." Id.


      Turning to the remaining of the factors, the Court concludes that the majority of the factors weigh in favor of granting Movant relief from the automatic stay. Specifically, while the second and seventh factors may weigh against granting relief from stay, because a continuation of the state court proceedings may have an impact on the administration of the bankruptcy estate and affect other parties in interest, the remainder of the factors weigh in favor of relief from stay being granted. Regarding the first factor, it would appear that the state court proceedings would result in a complete resolution of the issues. Regarding the tenth and eleventh factors, the state court, the state court complaint was filed more than two years ago and, disregarding the impact of COVID-19 on state court civil litigation proceedings, appears to be close to trial. As a result, judicial economy would be best upheld by having the proceedings finish in state court. Finally, regarding the twelfth factor, and noting that Debtor is in material default of the Chapter 11 compliance requirements, as outlined in the UST’s report filed on April 21, the Court concludes, for the reasons stated above and stated in the pleadings, that the equities favor granting relief from stay.


      Based on the foregoing, the Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1) and GRANT waiver of the Rule 4001(a)(3) stay.


      Regarding Movant’s requests for annulment of the automatic stay and for the order to be binding for 180 days, the Court is inclined to DENY the requests under ¶¶ 3, 6, and 7 for lack of cause shown. As already noted, the supplements filed by Movant do not contain any evidence supporting those requests.


      APPEARANCES REQUIRED.

      Party Information

      Debtor(s):

      Dimlux LLC Represented By

      Donald Beury

      2:00 PM

      CONT...


      Movant(s):


      Dimlux LLC


      Donald Beury


      Chapter 11

      Mansour Hossein Barghi Represented By Fari B Nejadpour

      2:00 PM

      6:20-11354


      Dimlux LLC


      Chapter 11


      #15.00 CONT Order (1) Setting Scheduling Hearing And Case Management Conference And (2) Requiring Status Report


      From: 3/24/20, 3/31/20 Also #14

      EH     


      Docket 4


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Dimlux LLC Represented By

      Donald Beury Donald Beury

      11:00 AM

      6:13-28595


      Josue Luna and Fabiola Luna


      Chapter 7


      #1.00 Notice of Trustee's Final Report and Applications for Compensation EH     

      Docket 252

      Tentative Ruling:


      TENTATIVE RULING

      4/29/20

      Opposition: None Service: Proper


      The application for compensation of the Trustee and Counsel for the Trustee have been set for hearing on the notice required by LBR 2016-1. Pursuant to the Trustee’s Final Report and the application of the Counsel, the Court is inclined to APPROVE the following administrative expenses:


      Trustee’s Fees:

      $2,750.00

      Trustee’s Expenses:

      $223.90

      Attorney’s Fees:

      $11,889.00

      Attorney’s Expenses:

      $249.77


      APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

      Party Information

      Debtor(s):

      Josue Luna Represented By

      Jenny L Doling

      Joint Debtor(s):

      11:00 AM

      CONT...


      Josue Luna and Fabiola Luna


      Chapter 7

      Fabiola Luna Represented By

      Jenny L Doling

      Trustee(s):

      John P Pringle (TR) Represented By Todd A Frealy Carmela Pagay

      11:00 AM

      6:17-15809


      Beatrice A Diaz


      Chapter 7


      #2.00 Notice of Trustee's Final Report and Applications for Compensation EH     

      Docket 111

      Tentative Ruling:


      TENTATIVE RULING

      4/29/20

      Opposition: None Service: Proper


      The application for compensation of the Trustee, Counsel for the Trustee, and Accountant for the Trustee have been set for hearing on the notice required by LBR 2016-1. Pursuant to the Trustee’s Final Report and the applications of the Counsel and Accountant, the Court is inclined to APPROVE the following administrative expenses:


      Trustee’s Fees:

      $16,266.31

      Trustee’s Expenses:

      $490.49

      Attorney’s Fees:

      $71,765.00

      Attorney’s Expenses:

      $3,342.28

      Accountant’s Fees:

      $1,816.00

      Accountant’s Expenses:

      $270.50


      APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

      Party Information

      11:00 AM

      CONT...

      Debtor(s):


      Beatrice A Diaz


      Chapter 7

      Beatrice A Diaz Pro Se

      Trustee(s):

      Arturo Cisneros (TR) Represented By Todd A Frealy

      Anthony A Friedman

      2:00 PM

      6:15-14230


      Home Security Stores, Inc.


      Chapter 7

      Adv#: 6:17-01085 PRINGLE v. Winn et al


      #3.00 CONT Status Conference RE: [1] Adversary case 6:17-ap-01085. Complaint by JOHN P PRINGLE against Ralph Winn. (Charge To Estate - $350.00). and other Defendants including DOES 1-25 Nature of Suit: 12 - Recovery of money/property - 547 preference, 13-Recovery of money/property - 548 fraudulent transfer, 21-Validity, priority or extent of lien or other interest in property,14 - Recovery of money/property - other, 91- Declaratory judgment) (Dismissed as to Ralph & Stacy Winn - 4/3/20)


      From: 7/12/17, 8/23/17, 10/25/17, 5/16/18, 6/27/18, 9/26/18, 1/23/19, 3/27/19, 6/26/19, 10/16/19, 1/15/20, 4/8/20


      EH     


      Docket 1


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Home Security Stores, Inc. Represented By Winfield S Payne III

      Defendant(s):

      Ralph Winn Represented By

      Douglas A Plazak

      Sterling Security Service, Inc. Represented By Seth W Wiener

      Natalia V Knoch Represented By Seth W Wiener

      Steven B Knoch Represented By Seth W Wiener

      2:00 PM

      CONT...


      Home Security Stores, Inc.


      Chapter 7

      Stacy Winn Represented By

      Douglas A Plazak

      Plaintiff(s):

      JOHN P PRINGLE Represented By Charity J Manee Robert P Goe

      Trustee(s):

      John P Pringle (TR) Represented By Robert P Goe Charity J Manee

      2:00 PM

      6:16-14273


      Allied Injury Management, Inc.


      Chapter 11


      #4.00 CONT First Omnibus Objection of Debtor-In-Possession Allied Injury Management, Inc. Seeking Disallowance of Certain Proofs of Claim (Holding Date)


      From: 11/8/16, 12/6/16, 1/10/17, 3/7/17,4/4/17, 4/25/17, 6/27/17, 7/11/17, 9/12/17, 11/14/17, 11/28/17, 1/30/18, 4/10/18, 4/24/18, 6/26/18, 9/25/18,

      11/27/18, 2/26/19, 4/10/19, 6/12/19, 8/28/19, 11/6/19, 2/12/20, 2/19/20


      Also #5 EH     

      Docket 83

      *** VACATED *** REASON: CONTINUED TO 7/29/20 AT 2:00 P.M.

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Allied Injury Management, Inc. Represented By Alan W Forsley

      Movant(s):

      Allied Injury Management, Inc. Represented By Alan W Forsley

      Trustee(s):

      David M Goodrich (TR) Represented By Mark S Horoupian Jason Balitzer Victor A Sahn Steven Werth

      2:00 PM

      6:16-14273


      Allied Injury Management, Inc.


      Chapter 11


      #5.00 CONT Order (1) Setting Scheduling Hearing And Case Management Conference And (2) Requiring Status Report


      From: 6/7/16, 8/30/16, 9/14/16, 10/20/16, 10/25/16, 12/6/16, 1/10/17, 2/28/17, 3/28/17, 5/30/17, 8/29/17, 11/28/17, 1/30/18, 4/10/18, 4/24/18, 6/26/18, 9/25/18,

      11/27/18, 2/26/19, 4/10/19, 6/12/19, 8/28/19, 11/6/19, 2/12/20, 2/19/20


      Also #4 EH     

      Docket 7


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Allied Injury Management, Inc. Represented By Alan W Forsley

      Trustee(s):

      David M Goodrich (TR) Represented By Mark S Horoupian Jason Balitzer Victor A Sahn Steven Werth

      2:00 PM

      6:16-14273


      Allied Injury Management, Inc.


      Chapter 11

      Adv#: 6:16-01225 Cambridge Medical Funding Group II, LLC v. Allied Injury Management,


      #6.00 CONT Status Conference Re: Complaint by Cambridge Medical Funding Group II, LLC against Allied Injury Management, Inc., John C. Larson. 02 - Other e.g. other actions that would have been brought in state court if unrelated to bankruptcy

      HOLDING DATE


      From: 11/1/16, 12/6/16, 1/31/17, 2/28/17, 3/28/17, 5/30/17, 8/29/17, 10/3/17, 11/28/17, 1/30/18, 4/10/18, 4/24/18, 6/26/18, 9/25/18, 11/27/18, 2/26/19,

      4/10/19, 6/12/19, 8/28/19, 11/6/19, 2/12/20, 3/4/20


      EH     


      Docket 1

      *** VACATED *** REASON: CONTINUED TO 7/29/20 AT 2:00 P.M.

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Allied Injury Management, Inc. Represented By Alan W Forsley

      Defendant(s):

      Allied Injury Management, Inc. Represented By Alan W Forsley

      John C. Larson Pro Se

      Plaintiff(s):

      Cambridge Medical Funding Group Represented By

      Kenneth Hennesay

      Trustee(s):

      David M Goodrich (TR) Represented By

      2:00 PM

      CONT...


      Allied Injury Management, Inc.


      Mark S Horoupian Jason Balitzer Victor A Sahn Steven Werth


      Chapter 11

      2:00 PM

      6:16-14273


      Allied Injury Management, Inc.


      Chapter 11

      Adv#: 6:16-01279 Allied Injury Management, Inc. v. One Stop Multi-Specialty Medical Group


      #7.00 CONT Status Conference RE: [1] Adversary case 6:16-ap-01279. Complaint by Allied Injury Management, Inc. against One Stop Multi-Specialty Medical Group & Therapy, Inc., One Stop Multi-Specialty Medical Group, Inc., Nor Cal Pain Management Medical Group, Inc.. (Charge To Estate). Complaint for (1) Breach of Contract; (2) Account Stated; and (3) Unjust Enrichment Nature of Suit: (14 (Recovery of money/property - other))


      From: 1/24/17, 3/7/17, 4/25/17, 6/27/17, 7/11/17, 9/12/17, 11/14/17, 11/28/17, 1/30/18, 4/10/18, 4/24/18, 6/26/18, 9/25/18, 11/27/18, 2/26/19, 4/10/19, 6/12/19,

      8/28/19, 11/6/19, 2/12/20, 2/19/20


      EH     


      Docket 1

      *** VACATED *** REASON: CONTINUED TO 7/29/20 AT 2:00 P.M.

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Allied Injury Management, Inc. Represented By Alan W Forsley

      Defendant(s):

      One Stop Multi-Specialty Medical Represented By

      Maria K Pum Maria C Armenta

      One Stop Multi-Specialty Medical Represented By

      Maria K Pum Maria C Armenta

      Nor Cal Pain Management Medical Represented By

      Maria K Pum Maria C Armenta

      2:00 PM

      CONT...


      Allied Injury Management, Inc.


      Chapter 11

      Plaintiff(s):

      Allied Injury Management, Inc. Represented By Alan W Forsley

      Trustee(s):

      David M Goodrich (TR) Represented By Mark S Horoupian Jason Balitzer Victor A Sahn Steven Werth

      2:00 PM

      6:16-14273


      Allied Injury Management, Inc.


      Chapter 11

      Adv#: 6:18-01109 David M. Goodrich, Chapter 11 Trustee v. Titanium Resource Company,


      #8.00 CONT Status Conference Re: Complaint by David M. Goodrich, Chapter 11 Trustee against Titanium Resource Company, Inc., a California corporation. (Charge To Estate $350.00). Complaint for Avoidance of Preferential and Fraudulent Transfers, Recovery of Transferred Property or Value Thereof, Preservation of Avoided Transfers and Adversary Proceeding Cover Sheet Nature of Suit: 12 - Recovery of money/property - 547 - preference,13 Recovery of money/property - 548 fraudulent transfer


      From: 7/10/18, 8/21/18, 10/30/18, 1/15/19, 4/10/19, 6/12/19, 8/28/19, 11/6/19, 2/12/20, 2/19/20


      EH     


      Docket 1


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Allied Injury Management, Inc. Represented By Alan W Forsley

      Defendant(s):

      Titanium Resource Company, Inc., a Represented By

      Alan W Forsley

      Plaintiff(s):

      David M. Goodrich, Chapter 11 Represented By Steven Werth

      Trustee(s):

      David M Goodrich (TR) Represented By Mark S Horoupian

      2:00 PM

      CONT...


      Allied Injury Management, Inc.


      Jason Balitzer Victor A Sahn Steven Werth


      Chapter 11

      2:00 PM

      6:16-14273


      Allied Injury Management, Inc.


      Chapter 11

      Adv#: 6:18-01110 David M. Goodrich, Chapter 11 Trustee v. Larson, D.C., an individual


      #9.00 CONT Status Conference Re: Complaint by David M. Goodrich, Chapter 11 Trustee against John Larson, D.C., an individual. (Charge To Estate). Complaint for Avoidance of Preferential and Fraudulent Transfers, Recovery of Transferred Property or Value Thereof, Preservation of Avoided Transfers, Avoidance of Improper Distributions, and Unjust Enrichment and Adversary Proceeding Cover Sheet Nature of Suit: 12 - Recovery of money/property - 547 preference, 13- Recovery of money/property - 548 fraudulent transfer


      From: 7/10/18, 8/21/18, 10/30/18, 1/15/19, 4/10/19, 6/12/19, 8/28/19, 11/6/19, 2/12/20, 2/19/20


      EH     


      Docket 1


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Allied Injury Management, Inc. Represented By Alan W Forsley

      Defendant(s):

      John Larson, D.C., an individual Represented By

      Alan W Forsley

      Plaintiff(s):

      David M. Goodrich, Chapter 11 Represented By Steven Werth

      Trustee(s):

      David M Goodrich (TR) Represented By Mark S Horoupian

      2:00 PM

      CONT...


      Allied Injury Management, Inc.


      Jason Balitzer Victor A Sahn Steven Werth


      Chapter 11

      2:00 PM

      6:16-14273


      Allied Injury Management, Inc.


      Chapter 11

      Adv#: 6:18-01114 David M. Goodrich, Chapter 11 Trustee v. The Blue Law Group, Inc, a


      #10.00 CONT Status Conference RE: [1] Adversary case 6:18-ap-01114. Complaint by David M. Goodrich, Chapter 11 Trustee against The Blue Law Group, Inc, a California corporation. (Charge To Estate $350.00). Complaint for Avoidance and Recovery of Preferential Transfers Pursuant to 11 U.S.C. §§ 547(b), 550 and 551 and Adversary Proceeding Cover Sheet Nature of Suit: (12 (Recovery of money/property - 547 preference)) (Werth, Steven)


      From: 7/10/18, 2/27/19, 6/12/19, 8/28/19, 11/6/19, 2/12/20, 2/19/20


      EH     


      Docket 1


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Allied Injury Management, Inc. Represented By Alan W Forsley

      Defendant(s):

      The Blue Law Group, Inc, a Represented By Michael K Blue

      Plaintiff(s):

      David M. Goodrich, Chapter 11 Represented By Steven Werth Mark S Horoupian

      Trustee(s):

      David M Goodrich (TR) Represented By Mark S Horoupian

      2:00 PM

      CONT...


      Allied Injury Management, Inc.


      Jason Balitzer Victor A Sahn Steven Werth


      Chapter 11

      2:00 PM

      6:16-15813


      John E. Tackett


      Chapter 7

      Adv#: 6:18-01138 Speier v. Conestoga Settlement Services, LLC et al


      #11.00 CONT Pre-Trial Conference RE: [1] Adversary case 6:18-ap-01138. Complaint by Steven M Speier against Conestoga Settlement Services, LLC, Conestoga International Holdings, LLC, Conestoga Trust, Provident Trust Group, LLC, De Leon & Washburh, P.C., Thomas Washburn, Hector De Leon, Jeff Converse, Michael Woods, Michael McDermott. (Charge To Estate $350.00). Complaint for: (1) Breach of Written Contract; (2) Rescission and Restitution for Fraud; (3) Money Had and Received; (4) Unjust Enrichment; (5) Fraud; (6) Negligent Representation; (7) Negligence; (8) Rescission and Restitution for Sale of Unqualified Securities [Cal. Corp. §25503]; (9) Damages for Sale of Unqualified Securities [Cal. Corp. §25503]; (10) Rescission: Securities: Misrepresentation [Cal. Corp. §25501]; (11) Damages: Securities: Misrepresentation [Cal. Corp. § 25501]; (12) Contempt for Willful Violation of Automatic Stay Pursuant to 11

      U.S.C. § 105; and (13) Elder Financial Abuse [Cal. Welf. & Inst. Code § 15600 et seq.] Nature of Suit: (14 (Recovery of money/property - other)) (Eastmond, Thomas)

      (AS TO CONESTOGA)


      From: 2/12/20 Also #12 & #13 EH     

      Docket 1

      *** VACATED *** REASON: CONTINUED TO 10/28/20 AT 2:00 P.M.

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      John E. Tackett Represented By Stefan R Pancer

      2:00 PM

      CONT...


      John E. Tackett


      Chapter 7

      Defendant(s):

      Conestoga Settlement Services, LLC Represented By

      Charles Miller

      Conestoga International Holdings, Represented By

      Charles Miller

      Conestoga Trust Represented By Charles Miller

      Provident Trust Group, LLC Represented By Marshall J Hogan

      De Leon & Washburh, P.C. Represented By Jasmin Yang David D Samani

      Thomas Washburn Represented By Jasmin Yang David D Samani

      Hector De Leon Represented By Jasmin Yang David D Samani

      Jeff Converse Pro Se

      Michael Woods Pro Se

      Michael McDermott Pro Se

      Joint Debtor(s):

      Ellen O. Tackett Represented By Stefan R Pancer

      Plaintiff(s):

      Steven M Speier Represented By Thomas J Eastmond Robert P Goe

      2:00 PM

      CONT...

      Trustee(s):


      John E. Tackett


      Chapter 7

      Steven M Speier (TR) Represented By Robert P Goe

      Thomas J Eastmond

      2:00 PM

      6:16-15813


      John E. Tackett


      Chapter 7

      Adv#: 6:18-01138 Speier v. Conestoga Settlement Services, LLC et al


      #12.00 CONT Status Conference RE: [1] Adversary case 6:18-ap-01138. Complaint by Steven M Speier against Conestoga Settlement Services, LLC, Conestoga International Holdings, LLC, Conestoga Trust, Provident Trust Group, LLC, De Leon & Washburh, P.C., Thomas Washburn, Hector De Leon, Jeff Converse, Michael Woods, Michael McDermott. (Charge To Estate). Complaint for: (1) Breach of Written Contract; (2) Rescission and Restitution for Fraud; (3) Money Had and Received; (4) Unjust Enrichment; (5) Fraud; (6) Negligent Representation; (7) Negligence; (8) Rescission and Restitution for Sale of Unqualified Securities [Cal. Corp. §25503]; (9) Damages for Sale of Unqualified Securities [Cal. Corp. §25503]; (10) Rescission: Securities: Misrepresentation [Cal. Corp. §25501]; (11) Damages: Securities: Misrepresentation [Cal. Corp. § 25501]; (12) Contempt for Willful Violation of Automatic Stay Pursuant to 11

      U.S.C. § 105; and (13) Elder Financial Abuse [Cal. Welf. & Inst. Code § 15600 et seq.] Nature of Suit: (14 (Recovery of money/property - other)) (Eastmond, Thomas)

      (AS TO REMAINING DEFENDANTS)

      (Jeff Converse - dismissed 12/2/19)

      (Provident Trust Group LLC - dismissed 12/17/19) (De Loeon & Washburn, P.C. - dismissed 1/8/20) (Thomas Washburn - dismissed 1/8/20)

      (Hector De Leon - dismissed 1/8/20)


      From: 8/29/18, 11/28/18, 1/9/19, 4/10/19, 11/6/19, 2/12/20, 2/19/20


      Also #11 & #13 EH     

      Docket 1


      Tentative Ruling:

      - NONE LISTED -

      Party Information

      2:00 PM

      CONT...

      Debtor(s):


      John E. Tackett


      Chapter 7

      John E. Tackett Represented By Stefan R Pancer

      Defendant(s):

      Conestoga Settlement Services, LLC Represented By

      Charles Miller

      Conestoga International Holdings, Represented By

      Charles Miller

      Conestoga Trust Represented By Charles Miller

      Michael Woods Pro Se

      Michael McDermott Pro Se

      Joint Debtor(s):

      Ellen O. Tackett Represented By Stefan R Pancer

      Plaintiff(s):

      Steven M Speier Represented By Thomas J Eastmond Robert P Goe

      Rafael R Garcia-Salgado

      Trustee(s):

      Steven M Speier (TR) Represented By Robert P Goe

      Thomas J Eastmond

      2:00 PM

      6:16-15813


      John E. Tackett


      Chapter 7

      Adv#: 6:18-01138 Speier v. Conestoga Settlement Services, LLC et al


      #13.00 Motion for Default Judgment Plaintiff's Motion for Default Judgment Under LBR 7055-1 [re Michael Woods]


      Also #11 & #12 EH     

      Docket 111


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      John E. Tackett Represented By Stefan R Pancer

      Defendant(s):

      Conestoga Settlement Services, LLC Represented By

      Charles Miller

      Conestoga International Holdings, Represented By

      Charles Miller

      Conestoga Trust Represented By Charles Miller

      Michael Woods Pro Se

      Michael McDermott Pro Se

      Joint Debtor(s):

      Ellen O. Tackett Represented By Stefan R Pancer

      2:00 PM

      CONT...


      John E. Tackett


      Chapter 7

      Plaintiff(s):

      Steven M Speier Represented By Thomas J Eastmond Robert P Goe

      Rafael R Garcia-Salgado

      Trustee(s):

      Steven M Speier (TR) Represented By Robert P Goe

      Thomas J Eastmond

      2:00 PM

      6:18-10371


      Lauren David


      Chapter 7

      Adv#: 6:19-01165 Cisneros v. David


      #14.00 CONT Status Conference RE: [6] Amended Complaint (corrected name of Defendant) by Carmela Pagay on behalf of A. Cisneros against Anthony J David. (RE: related document(s)1 Adversary case 6:19-ap-01165. Complaint by

      A. Cisneros against Anthony J. Davis. (Charge To Estate- $350.00). (Attachments: # 1 Adversary Coversheet) Nature of Suit: (31 (Approval of sale of property of estate and of a co-owner - 363(h))),(11 (Recovery of

      money/property - 542 turnover of property)) (Pagay, Carmela) Modified on 11/22/2019. filed by Plaintiff A. Cisneros). (Attachments: # 1 Adversary Coversheet) (Pagay, Carmela)


      From: 1/15/20, 3/4/20 EH     

      Docket 6

      *** VACATED *** REASON: NOTICE OF DISMISSAL OF ADVERSARY FILED 4/6/20

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Lauren David Represented By Salvatore Bommarito

      Defendant(s):

      Anthony J David Pro Se

      Plaintiff(s):

      A. Cisneros Represented By

      Carmela Pagay

      Trustee(s):

      Arturo Cisneros (TR) Represented By

      2:00 PM

      CONT...


      Lauren David


      Todd A Frealy


      Chapter 7

      2:00 PM

      6:19-14650


      Blanca Flor Torres


      Chapter 7

      Adv#: 6:19-01117 Whitmore v. Gularte et al


      #15.00 CONT Motion for Default Judgment against Jose A. Gularte And Marjorie Elizabeth Gularte-Torres


      From: 1/8/20, 4/8/20 Also #16

      EH     


      Docket 11

      Tentative Ruling:

      1/8/20

      BACKGROUND


      On May 30, 2019 ("Petition Date"), Blanca Flor Torres ("Debtor") filed a Chapter 7 voluntary petition. On August 22, 2019, Robert S. Whitmore (the Chapter 7 "Trustee") brought an adversary proceeding against Jose Gularte ("Mr. Gularte") and Marjorie Elizabeth Gularte-Torres ("Mrs. Gularte-Torres") (collective, "Defendants") for the benefit of the estate.


      The adversary proceeding arose from a real estate transaction between the Debtor and the Defendants. Debtor and her spouse, Edgar S. Torres, bought real estate at 1527 Fairwood Way, Upland, CA 91786 (the "Property) on November 2, 1990.

      Less than two years before the Petition Date, on December 29, 2017, Debtor and her spouse transferred the Property to Mr. Gularte. Mr. Gularte then proceeded to transfer the deed to himself and his wife, Mrs. Gularte-Torres.


      The Trustee alleges that the transfer among the parties is fraudulent and seeks to avoid the transfer and recover the Property for the estate.


      The Trustee alleges that Defendants are insiders of the Debtor: Mr. Gularte is the debtor’s son-in-law, and Mrs. Gularte-Torres is the debtor’s daughter. Because

      2:00 PM

      CONT...


      Blanca Flor Torres


      Chapter 7

      Defendants and Debtor still reside at the same Property after the transfers occurred, Trustee alleges that Debtor still retains the benefit of ownership. The Trustee alleges that the consideration given was less than a reasonably equivalent value: a seller credit and a gift were given. The Trustee avers that the value of the consideration given was less than the value of the Debtor’s equity of $154,424.76.


      The Trustee served the summons and complaint on Defendants by first-class mail to Defendants’ home on August 23, 2019. After forty-eight days without Defendants pleading or defending against the relief sought by the Trustee, the Trustee requested an entry for default judgment. On October 11, 2019, the Clerk of the Court entered a default judgment against defendants.


      The Trustee now files this motion for an entry of default judgment by the Court to avoid and recovery the Property.


      DISCUSSION


      1. Jurisdiction


        1. Subject Matter Jurisdiction


          This Court has subject matter jurisdiction pursuant to U.S.C. §157(b)(1)— Bankruptcy Judges may hear and determine all cases under title 11 and all core proceedings arising under title 11—and 28 U.S.C. §1334. Trustee has asserted a claim arising under title 11, a Chapter 7 voluntary petition, and the matter concerns the administration of an estate. U.S.C. §157(b)(2)(A).


        2. Venue


          Venue is proper pursuant to 28 U.S.C. §1409(a):

          "Except as otherwise provided in subsections (b) and (d), a proceeding arising under title 11 or arising in or related to a case under title 11 may

          2:00 PM

          CONT...


          Blanca Flor Torres

          be commenced in the district court in which such case is pending."


          Chapter 7


          Debtor’s lead bankruptcy case (19-bk-14650-MH) is currently pending in this Court.


        3. Personal Jurisdiction


          Jose Gularte and Marjorie Elizabeth Gularte-Torres are residents of California.

          Thus, personal jurisdiction is proper.


      2. Entry of Default


        Federal Rule of Bankruptcy Procedure 7055 states that default judgments are applicable in adversary proceedings. Fed. R. Bankr. P. 7055. Furthermore, Federal Rule of Civil Procedure 55 states that "[w]hen a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party’s default." Fed. R. Civ. P. 55(a). Local Rule 7055-1 provides further requirements relating to a motion for entry of default judgment.


        In this case, the Trustee has fulfilled such requirements in his request for entry of default: (a) the identity of the parties whom default was entered and the date of entry of default; (b) the defaulting party is neither an infant nor an competent person;

  2. the defendants are not currently on active duty in the armed forces, etc. The Trustee also provided information for the Clerk of the Court to rightly determine that defendants failed to plead or otherwise defend within twenty-one days after service of the summons and the complaint. Fed. R. Bankr. P. 7012(a) and (b). Thus, the Clerk entered a valid entry of default.


  1. Motion for Default Judgment

2:00 PM

CONT...


Blanca Flor Torres

  1. Proper Service of Summons and Complaint


    Chapter 7


    FED. R. BANKR. P. Rule 7004(b)(1) states, in part:


    1. ervice may be made within the United States by first class mail postage prepaid as follows…


      1. Upon an individual other than an infant or incompetent, by mailing a copy of the summons and complaint to the individual’s dwelling house or usual place of abode or to the place where the individual regularly conducts a business or profession.


    Here, it appears that the motion for default judgment has been properly served.


  2. Entering a Default Judgment by the Court


    If the claim in not for a certain or arithmetically attainable sum, then the entry by default judgment must be made by the court. The Trustee has not asked for the value of the Debtor’s equity in the Property, $154,424.76. Instead, the Trustee has asked the Court to rule that the transfers were fraudulent, the transfers should be avoided, and that the Property should be returned to the Debtor’s bankruptcy estate. Thus, by requesting an injunctive relief, the Trustee has correctly sought a motion for default judgment by the Court.


  3. Factors to Consider


    When a court exercises its discretion to enter a default judgment it may consider a number of factors: (1) the possibility of prejudice to the plaintiff, (2) the merits of plaintiff’s substantive claim, (3) the sum of money at stake in the action (4) the possibility of disputes concerning material facts, (5) whether the default was due

    2:00 PM

    CONT...


    Blanca Flor Torres


    Chapter 7

    to excusable neglect, and (6) the strong policy underlying the Federal Rules of Civil Procedure favoring decisions on the merits. Eitle v. McCool, 782 F.2d 1470, 1471-72 (9th Cir. 1986). When it comes to the first factor, the Trustee, being the arbiter of the estate would only be prejudice in his responsibility to provide the best interest of parties in interest. That is, by not recovering the property, the creditors would receive potential less than what they could have.


    1. Merits of Plaintiff’s Claim


      The general rule, upon an entry of default, the factual allegations of the plaintiff’s complaint will be taken as true. Totten v. Hurrell, 2001 U.S. Dist. Lexis 20909, *6 (N.D. Cal. 2001). "A default establishes the well-pleaded allegations of a complaint unless they are incapable of proof or are contrary to facts judicially noticed or to uncontroverted material in the file." In re McGee, 359 B.R. 764 (B.A.P 9th Cir.) (emphasis added by italicizing) (citing In re Consolidated Pretrial Proceedings in Air West Sec. Litigation, 436 F. Supp. 1281, 1286 (N.D. Cal. 1977)). A well-pleaded allegation is sufficient to prove defendant’s liability. TeleVideo Systems, Inc. v.

      Heidenthal, 826 F.2d 915, 917 (9th Cir. 1987).



      The Trustee alleges, pursuant to 11U.S.C. § 548(a)(1)(A), that Debtor within two years of filing her petition transferred the Property with actual intent to hinder, delay, or defraud. The word ‘intent’ is used to denote that the actor desire to cause consequences of his act. [Vol 5] Collier on Bankruptcy ¶ [548.04] (Richard Levin & Henry J. Sommer eds., 16th ed.). "If the actor knows that the consequences are certain, or substantially certain, to result from his act, and still goes ahead, he is treated by the law as if he had in fact desired to produce the result." Id.


      Because it is difficult to prove actual intent, courts infer fraudulent intent from the circumstances surrounding the transfer; including but not limited to (1) insolvency or other unmanageable indebtedness on the part of the debtor, (2) special relationship between the debtor and transferee; and after the transfer, (3) retention by the debtor of the property. In re Acequia, Inc. 34 F.3d 800 (9th Cir. Ct. App. 1994). These circumstances are universally recognized as the "badges of fraud." Id.

      2:00 PM

      CONT... Blanca Flor Torres

      The Trustee has provided evidence that the value of the Property,


      Chapter 7

      $575,000.000, which was agreed upon by Mr. Gularte and Debtor and her husband, was not given for consideration. (Dkt. No. 11, Ex. 5). In fact, something substantial less was given as consideration because Mr. Gularte received a "gift of equity" in the amount of $150,900.00. This special relationship—Defendants are the daughter and son-in-law of Debtor— precipitated such a gift alleged the Trustee. Furthermore, based on Debtor’s commencement documents, Debtor still lives at the Property, showing that Debtor still retains the benefit of the Property. (Dkt. No. 11, Ex. 7).


      Taken as true and neither incapable of proof nor contrary to facts observed by the Court, the Trustee’s allegations are sufficient to prove the claim of an actual fraudulent transfer under 11 U.S.C § 548(a)(1)(A).

      Moreover, taking the allegations of the compliant as true as to the second and third claims for relief, the Trustee has sufficiently alleged the elements of a claim for constructively fraudulent transfer against Defendants.


      This leaves only one claim of relief left. Whether the Court grants recovery of the Property pursuant to 11 U.S.C. § 550(a). The Court has ruled that Trustee’s allegations are sufficient to prove that the transfer of the Property was fraudulent. Thus, making the transaction avoidable.


      Based on the deeds transferring interest in the Property, Mr. Gularte is an immediate transferee and Mrs. Gularte-Torres is a mediate transferee.

      Irrespective of how they are defined, 11 U.S.C. § 550(a)(1) and (a)(2) permit the Trustee to recover the property from the Defendants. Seeing no reason to do otherwise, the Court grants the Trustee the Property pursuant to 11 U.S.C. § 550(a).


    2. Possibility of Disputes of Material Facts


      The Trustee provided evidence from the Debtor’s commencement document stating the Debtor still resides at the Property. The Trustee provided evidence of the transfer of interest in the property from Debtor and her husband to Defendants. Dkt No. 11, Ex. 3, 4, and 5. Trustee provided evidence of the value of the Property and the consideration given. Dkt. No. 11, Ex 5.

      Furthermore, Trustee duly served Defendants with process in this matter.

      2:00 PM

      CONT...


      Blanca Flor Torres


      Chapter 7

      Thus, the Court finds that the possibility of disputes of material facts is unlikely.


      1. Sum at Stake in the Action


        Even though the Trustee is looking for injunctive relief, the value of said property is significant to the estate. The last consideration given for the Property valued it at $575,000.00. Dkt. No.11, Ex 5. The Property would increase the bankruptcy estate by twenty-fold, weighing in favor of Defendants.


      2. Excusable Neglect


        Here, Defendants failed to plead or otherwise defend against the claim, and the Court does not otherwise see any basis for excusable neglect in the pleadings.


      3. Strong Policy


Although the strong policy underlying the Federal Rules of Civil Procedure favoring decisions on the merits, the case at hand does not warrant a denial of judgment solely on that ground.

2:00 PM

CONT...


Blanca Flor Torres


Chapter 7

TENTATIVE RULING



Thus, the Court is inclined to GRANT the motion to the extent of awarding Trustee judgment on the first, second, third, and fourth claims of relief.


APPEARANCES REQUIRED.


Party Information

Debtor(s):

Blanca Flor Torres Represented By Brian J Horan

Defendant(s):

Jose Gularte Pro Se

Marjorie Elizabeth Gularte-Torres Pro Se

Movant(s):

Robert S. Whitmore Pro Se

Plaintiff(s):

Robert S. Whitmore Pro Se

Trustee(s):

Robert Whitmore (TR) Pro Se

2:00 PM

6:19-14650


Blanca Flor Torres


Chapter 7

Adv#: 6:19-01117 Whitmore v. Gularte et al


#16.00 CONT Status Conference RE: [1] Adversary case 6:19-ap-01117. Complaint by Robert S. Whitmore against Jose Gularte, Marjorie Elizabeth Gularte-Torres. (Charge To Estate $350.00). (Attachments: # 1 Adversary Proceeding Cover Sheet # 2 Summons) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Philippi, Julie)


From: 10/16/19, 12/11/19, 1/8/20, 4/8/20 Also #15

EH     


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Blanca Flor Torres Represented By Brian J Horan

Defendant(s):

Jose Gularte Pro Se

Marjorie Elizabeth Gularte-Torres Pro Se

Plaintiff(s):

Robert S. Whitmore Pro Se

Trustee(s):

Robert Whitmore (TR) Pro Se

2:00 PM

6:18-12027


Richard M. Thomas


Chapter 7

Adv#: 6:18-01156 Anderson, Chapter 7 Trustee v. Williams et al


#17.00 CONT Motion For Summary Judgment Against Defendant Amy Williams From: 10/9/19, 1/8/20, 4/8/20

Also #18 EH         

Docket 51

*** VACATED *** REASON: CONTINUED TO 7/1/20 AT 2:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Richard M. Thomas Represented By Keith Q Nguyen

Defendant(s):

Amy Williams Represented By Anerio V Altman

Richard M Thomas Jr. Pro Se

Joint Debtor(s):

Raquel Young Represented By Keith Q Nguyen

Movant(s):

Karl T. Anderson, Chapter 7 Trustee Represented By

Frank X Ruggier

Plaintiff(s):

Karl T. Anderson, Chapter 7 Trustee Represented By

2:00 PM

CONT...


Trustee(s):


Richard M. Thomas


Frank X Ruggier


Chapter 7

Karl T Anderson (TR) Represented By Larry D Simons Frank X Ruggier

2:00 PM

6:18-12027


Richard M. Thomas


Chapter 7

Adv#: 6:18-01156 Anderson, Chapter 7 Trustee v. Williams et al


#18.00 CONT Status Conference RE: [1] Adversary case 6:18-ap-01156. Complaint by Karl T. Anderson, Chapter 7 Trustee against Amy Williams, Richard M Thomas Jr.. (Charge To Estate) ($350.00). Complaint to: (1) Avoid and Recover Fraudulent Transfer; (2) Obtain Declaratory Relief as to Ownership of Real Property; and (3) Authorize Sale of Property Owned in Part by Non-Debtor Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)) (DEFAULT GRANTED AS TO SEVENTH CLAIM 4/19/19)


From: 9/26/18, 11/7/18, 12/12/18, 1/30/19, 2/27/19, 4/10/19, 9/18/19, 10/9/19,

1/8/20, 4/8/20


Also #17 EH         

Docket 1

*** VACATED *** REASON: CONTINUED TO 7/1/20 AT 2:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Richard M. Thomas Represented By Keith Q Nguyen

Defendant(s):

Amy Williams Represented By Anerio V Altman

Richard M Thomas Jr. Pro Se

Joint Debtor(s):

Raquel Young Represented By Keith Q Nguyen

2:00 PM

CONT...


Richard M. Thomas


Chapter 7

Plaintiff(s):

Karl T. Anderson, Chapter 7 Trustee Represented By

Frank X Ruggier

Trustee(s):

Karl T Anderson (TR) Represented By Larry D Simons Frank X Ruggier

11:00 AM

6:10-20626


Irma Cantu


Chapter 13

Adv#: 6:17-01057 Cantu v. Ocwen Loan Servicing, LLC et al


#1.00 CONT Status Conference RE: [1] Adversary case 6:17-ap-01057. Complaint by Irma Cantu against Ocwen Loan Servicing, LLC. (Fee Not Required). Nature of Suit: (21 (Validity, priority or extent of lien or other interest in property)),(65 (Dischargeability - other)),(72 (Injunctive relief - other)) (Cravens, Leonard)


From: 11/15/18, 6/6/19, 10/18/19, 12/19/19, 1/30/20, 4/23/20


EH     


Docket 1

Party Information

Debtor(s):

Irma Cantu Represented By

Leonard J Cravens

Defendant(s):

Ocwen Loan Servicing, LLC Represented By Adam N Barasch

Ocwen Loan Servicing, LLC Represented By Adam N Barasch

Plaintiff(s):

Irma Cantu Represented By

Leonard J Cravens

Trustee(s):

Rod (MJ) Danielson (TR) Pro Se

11:00 AM

6:17-12232


Margarito Martinez


Chapter 13

Adv#: 6:19-01051 Martinez v. Garza et al


#2.00 CONT Motion for Default Judgment From : 3/19/20, 4/16/20

Also #3 EH     

Docket 55

Party Information

Debtor(s):

Margarito Martinez Represented By Christopher J Langley

Defendant(s):

Cesar Garza Pro Se

Noe Pelayo Pro Se

George Arthur Macias Pro Se

Flor Valladares Pro Se

Henry Gonzalez Pro Se

West Coast Plus Realty, Inc. Pro Se

Grand Capital Group Pro Se

M&M Associates Pro Se

Movant(s):

Margarito Martinez Represented By Christopher J Langley

11:00 AM

CONT...


Margarito Martinez


Chapter 13

Plaintiff(s):

Margarito Martinez Represented By Christopher J Langley

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:17-12232


Margarito Martinez


Chapter 13

Adv#: 6:19-01051 Martinez v. Garza et al


#3.00 CONT Status Conference RE: [1] Adversary case 6:19-ap-01051. Complaint by Margarito Martinez against Cesar Emilo Garza, Noe Pelayo, George Arthur Macias, Flor Valladares, Henry Gonzalez, West Coast Realty, Inc., Grand Capital Group, M&M Associates. (Charge To Estate - $350.00). Nature of Suit: (11 (Recovery of money/property - 542 turnover of property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy)))


From: 5/23/19, 8/22/19, 10/17/19, 12/19/19, 2/20/20, 3/19/20, 4/16/20


Also #2 EH     

Docket 1

Party Information

Debtor(s):

Margarito Martinez Represented By Christopher J Langley

Defendant(s):

Cesar Garza Pro Se

Noe Pelayo Pro Se

George Arthur Macias Pro Se

Flor Valladares Pro Se

Henry Gonzalez Pro Se

West Coast Plus Realty, Inc. Pro Se

Grand Capital Group Pro Se

M&M Associates Pro Se

11:00 AM

CONT...


Margarito Martinez


Chapter 13

Plaintiff(s):

Margarito Martinez Represented By Christopher J Langley

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:17-10787


Willie J Brooks


Chapter 13


#4.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 12898 Rock Crest Lane, Pomona, CA 91709


MOVANT: U.S. BANK NATIONAL ASSOCIATION


From: 4/21/20 EH     

Docket 74

Party Information

Debtor(s):

Willie J Brooks Represented By Kevin Tang

Movant(s):

U.S BANK NATIONAL Represented By Sean C Ferry Theron S Covey Eric P Enciso

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:17-12149

Irma Dalia Cantu

Chapter 13


#5.00 CONT Debtor's Motion for Order Disallowing Claim no 1-1 filed by Ocwen Loan Servicing, LLC

(HOLDING DATE)


From: 6/4/18, 8/30/18, 11/15/18, 6/6/19, 10/17/19, 12/19/19, 1/30/20, 4/23/20


EH     


Docket 24

Party Information

Debtor(s):

Irma Dalia Cantu Represented By Leonard J Cravens

Movant(s):

Irma Dalia Cantu Represented By Leonard J Cravens Leonard J Cravens

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-20882

Dennis Gene Rankin

Chapter 13

#6.00 Motion for Setting Property Value Also #7

EH     

Docket 29

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 4/22/20

Party Information

Debtor(s):

Dennis Gene Rankin Represented By Todd L Turoci

Movant(s):

Dennis Gene Rankin Represented By Todd L Turoci Todd L Turoci Todd L Turoci Todd L Turoci

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-20882

Dennis Gene Rankin

Chapter 13

#7.00 CONT Confirmation of Chapter 13 Plan From: 3/12/20, 4/2/20

Also #6 EH      

Docket 0

Party Information

Debtor(s):

Dennis Gene Rankin Represented By Todd L Turoci

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-21123

Fiji Simmons

Chapter 13

#8.00 CONT Confirmation of Chapter 13 Plan From: 3/12/20, 4/2/20

EH      

Docket 0

Party Information

Debtor(s):

Fiji Simmons Represented By

Rabin J Pournazarian

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10242

Jeff Book

Chapter 13

#9.00 CONT Confirmation of Chapter 13 Plan From: 4/16/20

EH      

Docket 0

Party Information

Debtor(s):

Jeff Book Represented By

Eric C Morris

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10528

Juan Manuel Sanchez Tejeda

Chapter 13

#10.00 CONT Confirmation of Chapter 13 Plan From: 4/16/20

EH      

Docket 0

Party Information

Debtor(s):

Juan Manuel Sanchez Tejeda Represented By Raymond Perez

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10596

Schelena Crawford

Chapter 13

#11.00 Confirmation of Chapter 13 Plan EH      

Docket 0

Party Information

Debtor(s):

Schelena Crawford Represented By Seema N Sood

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10609

Humberto Camacho, Jr and Sarah Camacho

Chapter 13

#12.00 Confirmation of Chapter 13 Plan EH      

Docket 0

Debtor(s):

*** VACATED *** REASON: CASE DISMISSED 2/14/20

Party Information

Humberto Camacho Jr Represented By Christian N. Cooper

Joint Debtor(s):

Sarah Camacho Represented By Christian N. Cooper

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10621

Erendira Belen Gonzalez

Chapter 13

#13.00 Confirmation of Chapter 13 Plan EH      

Docket 0

Party Information

Debtor(s):

Erendira Belen Gonzalez Represented By Kevin Tang

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10642

Odie Valtino Mack

Chapter 13

#14.00 Confirmation of Chapter 13 Plan EH      

Docket 0

Party Information

Debtor(s):

Odie Valtino Mack Represented By Anthony P Cara

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10652

James Scott Fulks

Chapter 13

#15.00 Confirmation of Chapter 13 Plan EH      

Docket 0

Party Information

Debtor(s):

James Scott Fulks Represented By Jonathan D Doan

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10654

Steven A. Gabriel and Rachel I. Gabriel

Chapter 13

#16.00 Confirmation of Chapter 13 Plan EH      

Docket 0

Party Information

Debtor(s):

Steven A. Gabriel Represented By Paul Y Lee

Joint Debtor(s):

Rachel I. Gabriel Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10657

Eduardo Zamora

Chapter 13

#17.00 Confirmation of Chapter 13 Plan EH      

Docket 0

Debtor(s):

*** VACATED *** REASON: CASE DISMISSED 2/18/20

Party Information

Eduardo Zamora Pro Se

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10658


Ana Cecilia Gonzalez


Chapter 13


#18.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Debtor(s):

*** VACATED *** REASON: CASE DISMISSED 2/18/20

Party Information

Ana Cecilia Gonzalez Pro Se

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10662


Jackie M Zapata


Chapter 13


#19.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Party Information

Debtor(s):

Jackie M Zapata Pro Se

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10665


Lyndon Ray Quisenberry


Chapter 13


#20.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Party Information

Debtor(s):

Lyndon Ray Quisenberry Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10675


Michael D Guffa


Chapter 13


#21.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Party Information

Debtor(s):

Michael D Guffa Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10678


Martha E Morales


Chapter 13


#22.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Party Information

Debtor(s):

Martha E Morales Represented By Suzette Douglas

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10705


Bogar Hernandez and Elvira Landin Hernandez


Chapter 13


#23.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Party Information

Debtor(s):

Bogar Hernandez Represented By Todd L Turoci

Joint Debtor(s):

Elvira Landin Hernandez Represented By Todd L Turoci

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10752


Paul Salgado and Paula Salgado


Chapter 13


#24.00 Motion to Avoid Junior Lien with Specialized Loan Servicing LLC Also #25

EH     


Docket 24

Party Information

Debtor(s):

Paul Salgado Represented By

Jenny L Doling

Joint Debtor(s):

Paula Salgado Represented By Jenny L Doling

Movant(s):

Paul Salgado Represented By

Jenny L Doling

Paula Salgado Represented By Jenny L Doling

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10752


Paul Salgado and Paula Salgado


Chapter 13


#25.00 Confirmation of Chapter 13 Plan


Also #24 EH      

Docket 0


Party Information

Debtor(s):

Paul Salgado Represented By

Jenny L Doling

Joint Debtor(s):

Paula Salgado Represented By Jenny L Doling

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10787


Harold Johnson


Chapter 13


#26.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Party Information

Debtor(s):

Harold Johnson Represented By Marcus G Tiggs Jeffrey N Wishman

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10794


Corey Jason Gomes


Chapter 13


#27.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Party Information

Debtor(s):

Corey Jason Gomes Represented By Norma Duenas

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10803


Hesham Hamad


Chapter 13


#28.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Party Information

Debtor(s):

Hesham Hamad Represented By Gary Polston

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10850


Raymond Daniel Yaisrael and Koytoya Deona Arnold


Chapter 13


#29.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Party Information

Debtor(s):

Raymond Daniel Yaisrael Represented By Michael E Clark

Joint Debtor(s):

Koytoya Deona Arnold Represented By Michael E Clark

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10860


Jerry Arnold La Cues and Pamela Ann La Cues


Chapter 13


#30.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Debtor(s):

*** VACATED *** REASON: CASE DISMISSED 4/28/20

Party Information

Jerry Arnold La Cues Pro Se

Joint Debtor(s):

Pamela Ann La Cues Pro Se

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10875


Lakendra Johnson


Chapter 13


#31.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Party Information

Debtor(s):

Lakendra Johnson Represented By Neil R Hedtke

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10878


Keri Kristina Johnson


Chapter 13


#32.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Party Information

Debtor(s):

Keri Kristina Johnson Represented By Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10899


Elizabeth T Baker


Chapter 13


#33.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Party Information

Debtor(s):

Elizabeth T Baker Represented By Nancy Korompis

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10914


Daniel Salvador Flores and Jocelyn Davina Flores


Chapter 13


#34.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Party Information

Debtor(s):

Daniel Salvador Flores Represented By Jaime A Cuevas Jr.

Joint Debtor(s):

Jocelyn Davina Flores Represented By Jaime A Cuevas Jr.

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10925


German Bastidas-Ibarra


Chapter 13


#35.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Debtor(s):

*** VACATED *** REASON: CASE DISMISSED 3/11/20

Party Information

German Bastidas-Ibarra Represented By Arlene M Tokarz

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10960


Jose Urena and Stephanie Urena


Chapter 13


#36.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Party Information

Debtor(s):

Jose Urena Represented By

Kevin Tang

Joint Debtor(s):

Stephanie Urena Represented By Kevin Tang

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10968


Peter Pastorelli and Martha Maria Pastorelli


Chapter 7


#37.00 Confirmation of Chapter 13 Plan EH      

Docket 0

*** VACATED *** REASON: CASE CONVERTED TO CHAPTER 7 ON 3/30/20


Party Information

Debtor(s):

Peter Pastorelli Represented By Benjamin R Heston

Joint Debtor(s):

Martha Maria Pastorelli Represented By Benjamin R Heston

Trustee(s):

Howard B Grobstein (TR) Pro Se

11:00 AM

6:20-11032


Lance Thomas Dale and Maria Elizabet Osuna


Chapter 13


#38.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Debtor(s):

*** VACATED *** REASON: CASE DISMISSED 2/28/20

Party Information

Lance Thomas Dale Pro Se

Joint Debtor(s):

Maria Elizabet Osuna Pro Se

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11033


Leschell Marie Murphy-Reed


Chapter 13


#39.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Debtor(s):

*** VACATED *** REASON: CASE DISMISSED 2/28/20

Party Information

Leschell Marie Murphy-Reed Pro Se

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11057


Joseph J Vargas


Chapter 13


#40.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Party Information

Debtor(s):

Joseph J Vargas Represented By Julie J Villalobos

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11063


Luis Fernando Narvaez Escoto


Chapter 13


#41.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Party Information

Debtor(s):

Luis Fernando Narvaez Escoto Represented By Todd L Turoci

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11068


Edwin Omar Salazar and Alba Salazar


Chapter 13


#42.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Party Information

Debtor(s):

Edwin Omar Salazar Represented By

Ramiro Flores Munoz

Joint Debtor(s):

Alba Salazar Represented By

Ramiro Flores Munoz

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:16-12191


Valicia LaShawn Fennell


Chapter 13


#43.00 Trustee's Motion to Dismiss Case EH     

Docket 118

Party Information

Debtor(s):

Valicia LaShawn Fennell Pro Se

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:17-12448


Mary J Leaverton


Chapter 13


#44.00 Trustee's Motion to Dismiss Case EH     

Docket 28

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 4/27/20

Party Information

Debtor(s):

Mary J Leaverton Represented By

Patricia M Ashcraft - SUSPENDED BK - Gregory Ashcraft

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:17-14292

Lubna Shiraz Ahmed

Chapter 13

#45.00 Trustee's Motion to Dismiss Case EH     

Docket 118

Party Information

Debtor(s):

Lubna Shiraz Ahmed Represented By Joshua L Sternberg

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:17-16542

Mike A. Granados, Jr. and Carolynne Jeannette Granados

Chapter 13

#46.00 Trustee's Motion to Dismiss Case EH     

Docket 66

Party Information

Debtor(s):

Mike A. Granados Jr. Represented By Gregory M Shanfeld

Joint Debtor(s):

Carolynne Jeannette Granados Represented By Gregory M Shanfeld Gabriella Gonzales

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:18-10112

Eddie Garcia and Martha Garcia

Chapter 13

#47.00 Trustee's Motion to Dismiss Case EH     

Docket 83

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 4/27/20

Party Information

Debtor(s):

Eddie Garcia Represented By

Paul Y Lee

Joint Debtor(s):

Martha Garcia Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:18-13906

Ruby Lee Frazier

Chapter 13

#48.00 CONT Trustee's Motion to Dismiss Case From: 4/2/20, 4/16/20

EH     

Docket 84

Party Information

Debtor(s):

Ruby Lee Frazier Represented By Michael D Franco

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:18-17676

Patricia Ellen Bond-Gomez

Chapter 13

#49.00 Trustee's Motion to Dismiss Case EH     

Docket 78

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 4/28/20

Party Information

Debtor(s):

Patricia Ellen Bond-Gomez Represented By John F Brady

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:18-17927

Ertun Reshat and Hale Reshat

Chapter 13

#50.00 Trustee's Motion to Dismiss Case EH     

Docket 52

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

4/6/20

Party Information

Debtor(s):

Ertun Reshat Represented By

April E Roberts

Joint Debtor(s):

Hale Reshat Represented By

April E Roberts

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:18-20002


Tanyua Alicia Gates-Holmes


Chapter 13


#51.00 Trustee's Motion to Dismiss Case EH     

Docket 83

Party Information

Debtor(s):

Tanyua Alicia Gates-Holmes Represented By John F Brady

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-11103

Golda Y Williams

Chapter 13

#52.00 Trustee's Motion to Dismiss Case EH     

Docket 31

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

4/6/20

Party Information

Debtor(s):

Golda Y Williams Represented By Daniel King

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-14338

Jamie Marie Saucedo

Chapter 13

#53.00 Trustee's Motion to Dismiss Case EH     

Docket 40

Party Information

Debtor(s):

Jamie Marie Saucedo Represented By John F Brady

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-14847

Phonmany Phengphavong

Chapter 13

#54.00 CONT Trustee's Motion to Dismiss Case From: 4/2/20

EH     

Docket 33

Party Information

Debtor(s):

Phonmany Phengphavong Represented By Todd L Turoci

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-15695

Jose Manuel Urena-Hernandez and Veronica Galvez

Chapter 13

#55.00 Trustee's Motion to Dismiss Case EH     

Docket 33

Party Information

Debtor(s):

Jose Manuel Urena-Hernandez Represented By Michael E Clark Barry E Borowitz

Joint Debtor(s):

Veronica Galvez Represented By Michael E Clark Barry E Borowitz

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-15963

Ramon H. Ventura, Jr. and Clementine Ventura

Chapter 13

#56.00 Trustee's Motion to Dismiss Case EH     

Docket 42

Party Information

Debtor(s):

Ramon H. Ventura Jr. Represented By Gregory Ashcraft

Joint Debtor(s):

Clementine Ventura Represented By Gregory Ashcraft

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-16560

Orlando Soriano and Veronica Vera-Soriano

Chapter 13

#57.00 Trustee's Motion to Dismiss Case EH     

Docket 40

Party Information

Debtor(s):

Orlando Soriano Represented By

James D. Hornbuckle

Joint Debtor(s):

Veronica Vera-Soriano Represented By

James D. Hornbuckle

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-16979


Flor Aguilar


Chapter 13


#58.00 Trustee's Motion to Dismiss Case EH     

Docket 37

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 4/28/20

Party Information

Debtor(s):

Flor Aguilar Represented By

Rabin J Pournazarian

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-17091

Edward A Jandt and Shelley A Jandt

Chapter 13

#59.00 Trustee's Motion to Dismiss Case EH     

Docket 26

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 4/28/20

Party Information

Debtor(s):

Edward A Jandt Represented By Christopher Hewitt

Joint Debtor(s):

Shelley A Jandt Represented By Christopher Hewitt

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-18242

Roderick Harlan Friloux and Rebecca Andrade-Friloux

Chapter 13

#60.00 CONT Trustee's Motion to Dismiss Case From: 4/16/20

EH     

Docket 25

Party Information

Debtor(s):

Roderick Harlan Friloux Represented By Tina H Trinh

Joint Debtor(s):

Rebecca Andrade-Friloux Represented By Tina H Trinh

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-18761

Alejandro E. Penaloza and Maria G. Penaloza

Chapter 13

#61.00 Trustee's Motion to Dismiss Case EH     

Docket 38

Party Information

Debtor(s):

Alejandro E. Penaloza Represented By Sundee M Teeple

Joint Debtor(s):

Maria G. Penaloza Represented By Sundee M Teeple

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-19073

Mercy Doria

Chapter 13

#62.00 CONT Trustee's Motion to Dismiss Case From: 4/2/20, 4/16/20

EH     

Docket 40

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 4/27/20

Party Information

Debtor(s):

Mercy Doria Represented By

Andrew Nguyen

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-19120

Heinrich Franz Brinkmann

Chapter 13

#63.00 Trustee's Motion to Dismiss Case EH     

Docket 38

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

4/1/20

Party Information

Debtor(s):

Heinrich Franz Brinkmann Represented By Stephen H Darrow

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-19391

Florence Marie Rodriguez

Chapter 13

#64.00 CONT Trustee's Motion to Dismiss Case From: 4/2/20

EH     

Docket 24

Party Information

Debtor(s):

Florence Marie Rodriguez Represented By Steven A Alpert

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-20553

Brian Fulk

Chapter 13

#65.00 Trustee's Motion to Dismiss Case EH     

Docket 23

Party Information

Debtor(s):

Brian Fulk Represented By

Julie J Villalobos

Trustee(s):

Rod Danielson (TR) Pro Se

12:30 PM

6:20-13042

Kayla Snyder

Chapter 7

#66.00 Application for Waiver of Chapter 7 Filing Fees EH     

Docket 0

Party Information

Debtor(s):

Kayla Snyder Pro Se

Trustee(s):

Steven M Speier (TR) Pro Se

11:00 AM

6:17-17715


Jorge Luis Luviano and Giovanna Toledo De Luviano


Chapter 13


#1.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: Property known as 5896 Avenue Juan Bautista, Riverside, CA 92509


MOVANT: MIDFIRST BANK


From: 3/31/20, 4/28/20 EH         

Docket 44

*** VACATED *** REASON: ORDER ENTERED 4/29/20

Tentative Ruling:

3/31/2020


Service: Proper Opposition: None


The Court is inclined to:

-GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1).

-GRANT waiver of Rule 4001(a)(3) stay.

-GRANT requests under ¶¶ 2, 3, and 14.

-DENY alternative request under ¶ 13 as moot.


APPEARANCES REQUIRED.

Party Information

Debtor(s):

Jorge Luis Luviano Represented By James G. Beirne

Joint Debtor(s):

Giovanna Toledo De Luviano Represented By James G. Beirne

11:00 AM

CONT...

Movant(s):


Jorge Luis Luviano and Giovanna Toledo De Luviano


Chapter 13

MidFirst Bank Represented By Gilbert R Yabes Joseph C Delmotte Darlene C Vigil

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:19-21185


Sunyeah Group Corporation


Chapter 11


#2.00 CONT Order (1) Setting Scheduling Hearing And Case Management Conference And (2) Requiring Status Report


From: 2/4/20 EH     

Docket 3


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Sunyeah Group Corporation Represented By David B Golubchik Jeffrey S Kwong

10:00 AM

6:19-21045


Benjamin Ray Boulton


Chapter 7


#1.00 Pro se Reaffirmation Agreement Between Debtor and AMERICAN HONDA FINANCE CORPORATION re 2016 Honda Accord


EH     


Docket 10

Party Information

Debtor(s):

Benjamin Ray Boulton Represented By Daniel King

Trustee(s):

Karl T Anderson (TR) Pro Se

2:00 PM

6:19-10556

Timothy Mark Aitken

Chapter 7

Adv#: 6:20-01022 Grobstein v. Aitken

#2.00 Status Conference RE: [1] Adversary case 6:20-ap-01022. Complaint by Howard Grobstein against Alicia Aitken. (Charge To Estate). with adversary cover sheet Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer))

EH     

Docket 1

Party Information

Debtor(s):

Timothy Mark Aitken Pro Se

Defendant(s):

Alicia Aitken Pro Se

Joint Debtor(s):

Esmeralda Aitken Pro Se

Plaintiff(s):

Howard Grobstein Represented By Larry D Simons

Trustee(s):

Howard B Grobstein (TR) Represented By Larry D Simons


Monday, May 11, 2020

Hearing Room

303


1:00 PM

6:17-20092


Mark Bastorous and Bernadette Shenouda


Chapter 7


#1.00 Chapter 7 Trustee's Motion to Amend Order Authroizing Substantive Consolidation of the Debtors' Estate with 37 Related Businesses of the Debtor


EH     


Docket 130

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Trustee(s):

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

11:00 AM

6:16-21234

Frank A Horzen and Barbara A Horzen

Chapter 13


#1.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 19579 Casmelia Street, Rialto, CA 92377


MOVANT: WILMINGTON TRUST COMPANY


EH     


Docket 152

Tentative Ruling: Tentative Ruling:

5/12/20


Service: Proper Opposition: Debtor


To attain relief from stay under 11. U.S.C §362(d)(1) "cause" must be shown. Wilmington Trust Company (hereinafter "WTC") claims that post-petition post- confirmation mortgage payments due have not been made by the Debtors. "The failure, however, of a debtor to tender post-petition payments to a mortgagee does not mean that the secured creditor must be granted relief from the stay…Evidence of a post-petition delinquency only means that the debtor must then come forward with evidence demonstrating that the mortgagee’s secured interest is adequately protected." In re Middleton Place Assocs., 1993 Bankr. Lexis 2171, *28-*29 (Bankr. E.D. PA, 1993).


Debtors must show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1).


Debtors have opposed the motion. Debtors state that "they are seeking an adequate protection order to cure the outstanding post-petition delinquency." Dkt. No. 156.

11:00 AM

CONT...


Frank A Horzen and Barbara A Horzen


Chapter 13

Debtor claims that "their counsel has reached-out to opposing counsel and was informed that due to the current COVID-19 situation, there have been longer delays than normal regarding approval." Id.


Parties are to update the Court on the status of adequate protection discussions.


APPEARANCES REQUIRED.


Party Information

Debtor(s):

Frank A Horzen Represented By Paul Y Lee

Joint Debtor(s):

Barbara A Horzen Represented By Paul Y Lee

Movant(s):

Wilmington Trust Company Represented By April Harriott

Matthew R. Clark III Sean C Ferry Theron S Covey Eric P Enciso

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-15353


Donald Ray Levier, Jr. and Antoinette Marie Levier


Chapter 13


#2.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 15735 McIntosh Ave, Chino, CA

91708-9353


MOVANT: CALIBER HOME LOANS, INC.


EH     


Docket 39

*** VACATED *** REASON: ORDER ENTERED 4/21/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Donald Ray Levier Jr. Represented By

D Justin Harelik

Joint Debtor(s):

Antoinette Marie Levier Represented By

D Justin Harelik

Movant(s):

Caliber Home Loans, Inc. Represented By Christina J Khil

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10428


Larry M Carter and Deborah K Carter


Chapter 7


#3.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 34778 Hickory Lane, Wildomar, CA 92529


MOVANT: 2ND CHANCE MORTGAGES INC


From: 4/14/20 EH     

Docket 9

Tentative Ruling:

Tentative Ruling:


4/12/20


On January 18, 2020 ("Petition Date"), Larry M. Carter (hereinafter "Debtor") and Deborah K. Carter (hereinafter "Joint Debtor") (collectively, hereinafter "Debtors") filed for Chapter 7 voluntary petition. In their commencement documents, Debtors listed a resided at 34778 Hickory Lane Wildomar, CA 92595 (hereinafter the "Property") and it being secured by 2nd Chance Mortgages Inc. (hereinafter "2nd CM") and PHH Mortgage Services.


On March 24, 2020, 2nd CM filed a motion for relief form stay pursuant to 11 U.S.C.

§§ 362(d)(1) and 362(d)(2). At the hearing date, the Court continued the motion because 2nd CM failed to serve Chapter 7 Trustee and the holder of other liens affecting the property. Local Bankr. R. 4001-1(c)(1)(C).


On April 15, 2020, 2nd CM filed a notice of hearing on motion for relief from stay. Dkt. No. 13. 2nd CM electronically served the Debtors’ attorney, United States Trustee, the Chapter 7 Trustee, and other parties.

11:00 AM

CONT...


Larry M Carter and Deborah K Carter


Chapter 7


To attain relief from stay under 11. U.S.C §362(d)(1) "cause" must be shown. 2nd CM claims that there is a lack of adequate protection of its interest in its property.

Adequate protection is intended to compensate a secured creditor whose collateral declines in value while it is in the possession of, and being used by, a…debtor." People’s Capital& Leasing Corp. v. Big3d, Inc., 438 B.R. 214, 220 (B.A.P. 9th Cir. 2010).


By providing Deed of Trust and Request of Notice of Default, Allonge to the Note, and Corporate Assignment of Deed of Trust, 2nd CM has shown neither is there any equity nor is its interest adequately protected. In re Gauvin, 24 B.R. 578, 580 (B.A.P. 9th Cir. 1982).


To receive relief under 11 U.S.C. § 362(d)(2), both elements— (1) debtor has no equity in the property and (2) property is not necessary for an effective organization— must be met. 3 Collier on Bankruptcy ¶ 362.07[4] (Richard Levin & Henry J. Sommer eds., 16th ed.). 2nd CM has provided evidence that Debtors do not have any equity in the property.


The burden now shifts to the opposing party, the Debtors, to show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1). 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.). Debtors also have the burden of proving that the property at issue is necessary to an effective organization. 11 U.S.C. § 362(g).


Debtors have not opposed the motion. Thus, they have not met their burden. Pursuant to LBR 9013-1(h), if a party does not timely file and serve documents, the Court may deem this lack of action to be consent to the granting or denial of the motion. Thus, the Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. §§ 362(d)(1) and 362(d)(2). GRANT relief from Rule 4001(a)(3) stay.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


Party Information

11:00 AM

CONT...

Debtor(s):


Larry M Carter and Deborah K Carter


Chapter 7

Larry M Carter Represented By Kevin Tang

Joint Debtor(s):

Deborah K Carter Represented By Kevin Tang

Movant(s):

2nd Chance Mortgages Inc. Represented By Henry D Paloci

Trustee(s):

Robert Whitmore (TR) Pro Se

11:00 AM

6:20-10605


Raybecka Smith


Chapter 7


#4.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 7106 Sultana Avenue, San Gabriel, CA 91775


MOVANT: THE BANK OF NEW YORK MELLON


EH     


Docket 11

Tentative Ruling: Tentative Ruling:

5/12/20


Service: Proper Opposition: Debtor


On January 27, 2020 ("Petition Date"), Raybecka Smith (hereinafter "Debtor") filed a Chapter 7 voluntary petition. In her commencement documents, Debtors did not list property located at 7106 Sultana Avenue, San Gabriel, CA 91775 (hereinafter the "Property").


On April 15, 2020, Bank of New York Mellon (hereinafter "BNY Mellon") filed this motion for relief from stay, claiming, amongst other things, that an unauthorized grant deed was gifted to the Debtor as part of a scheme to delay, hinder, or defraud it. Dkt. No. 11. BNY Mellon provided evidence showing within the last year that bankruptcy petitions affected the property. Id.


Debtor claims she does "not know anything about this property[, has] never met the so called person Alice Kim[, the grantor of the deed,] who falsely added [her] to the property[,] or that [she has] any rights or interest in this property." Dkt. No. 13, Pg 3. Debtor believes that Alice Kim found information about Debtor’s bankruptcy online and added Debtor to the grant deed. Id.

11:00 AM

CONT...


Raybecka Smith


Chapter 7


A petition filed under this title, operates as a stay to 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. 11 U.S.C § 362(a). The property of the estate includes all legal or equitable interests of the debtor in property. 11 U.S.C. §541(a)(1). A "grant deed conveys the grantor’s entire fee simple interest in the property. Citizens for Covenant Compliance v. Anderson, 12 Cal. 4th (Cal. 1995). Thus, a valid grant deed which transferred interest to Debtor would constitute property of the estate.


Looking at the four corners of the document, The Court finds that the Grant Deed is valid. That is, it fulfills all the legal requirements: (1) names of the parties, (2) signature of the grantor, (3) the word ‘grant’ is used, and (4) description of the property. Cal. Civ. Code § 1092; Dkt No. 11 Ex. 2. Furthermore, the Deed of Trust does not prevent Alice Kim from transferring title without consent of the lender. Dkt. No. 11. Ex 1. It does, however, give BNY Mellon the option to require immediate payment in full of all sums secured by this instrument when such authorization is not given. Id. at Clause 18. Thus, movant has presented a colorable claim that is sufficient for the stay to attack.


BNY Mellon listed several unauthorized grant deeds executed by the original borrower, Alice Kim. The several bankruptcy filings were numerous, and some were skeletal-like, lacking any reasonable attempt to attain a discharge. They were all dismissed except for one. Thus, the court finds that the Debtor’s petition was part of a scheme used to delay or hinder BNY Mellon by extending the protection of the automatic stay to the Property.


The Court further finds that there is no evidence of bad faith or misconduct by the Debtor and holds that such a finding is not necessary to grant relief under 11 U.S.C. § 362(d)(4). In re Dorsey, 476 B.R. at 270.


Based on the multiple bankruptcy filings and unauthorized transfers of interest in the property, the Court is inclined to GRANT the motion in its entirety, including relief from stay pursuant to 11 U.S.C. § 362(d)(4) and GRANT relief from Rule 4001(a)(3) stay.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or

11:00 AM

CONT...


Raybecka Smith


Chapter 7

written opposition is presented at the hearing, the hearing may be continued.



Party Information

Debtor(s):

Raybecka Smith Pro Se

Movant(s):

THE BANK OF NEW YORK Represented By

Erin M McCartney

Trustee(s):

Howard B Grobstein (TR) Pro Se

11:00 AM

6:20-11039


Paul J Crenshaw


Chapter 7


#5.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 3765 Coleville Circle, Corona, California 92881


MOVANT: SELECT PORTFOLIO SERVICING INC


EH     


Docket 9

Tentative Ruling: Tentative Ruling:

5/12/20


The Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1). GRANT relief from Rule 4001(a)(3) stay. GRANT request under ¶¶ 2 and 3.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

Debtor(s):

Paul J Crenshaw Represented By Sundee M Teeple

Movant(s):

Select Portfolio Servicing Inc., as Represented By

Joseph C Delmotte

Trustee(s):

Howard B Grobstein (TR) Pro Se

11:00 AM

6:20-11519


Ruben Alberto Ramirez, Jr.


Chapter 7


#6.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2011 BMW 3 Series, VIN: WBAPH5C57BA443865


MOVANT: KINECTA FEDERAL CREDIT UNION


EH     


Docket 11

Tentative Ruling: Tentative Ruling:

5/12/20


Service: Proper Opposition: None


To attain relief from stay under 11. U.S.C §362(d)(1) "cause" must be shown. Kinetica Federal Credit Union (hereinafter "Kinetica FCU") claims that there is a lack of adequate protection of its interest in its property. Adequate protection is intended to compensate a secured creditor whose collateral declines in value while it is in the possession of, and being used by, a…debtor." People’s Capital& Leasing Corp. v.

Big3d, Inc., 438 B.R. 214, 220 (B.A.P. 9th Cir. 2010).


By providing the Note and Security Agreement, Certificate of Title, Assignment of Contract, Loan Transaction Summary, and Kelly Blue Book Quick Values, Kinetica FCU has shown neither is there any equity nor is its interest adequately protected. In re Gauvin, 24 B.R. 578, 580 (B.A.P. 9th Cir. 1982).


To receive relief under 11 U.S.C. § 362(d), both elements— (1) debtor has no equity

11:00 AM

CONT...


Ruben Alberto Ramirez, Jr.


Chapter 7

in the property and (2) property is not necessary for an effective organization—must be met. 3 Collier on Bankruptcy ¶ 362.07[4] (Richard Levin & Henry J. Sommer eds., 16th ed.). Kinetica FCU has provided evidence that Debtor does not have any equity in the property.


The burden now shifts to the opposing party, the Debtor, to show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1). 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.). Debtor also has the burden of proving that the property at issue is necessary to an effective organization. 11 U.S.C. § 362(g). Debtor has not opposed the motion.


Because a Chapter 7 proceeding does not involve a reorganization, it is generally presumed that the second condition under 11 U.S.C. § 362(d)(2)(B) is met in a Chapter 7 proceeding." In re Williamson, 2009 Bankr. Lexis 5571, *5 (Bankr. S.D. Ga. 2009). The lack of a response from Debtor, pursuant to Local Bankruptcy Rule 9013-1(h), may be deemed to be consent to the granting or denial of the motion. Thus, the Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. §§ 362(d)(1) and 362(d)(2). GRANT relief from Rule 4001(a)(3) stay. GRANT request under ¶ 2.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.



Party Information

Debtor(s):

Ruben Alberto Ramirez Jr. Represented By

Shawn Anthony Doan

Movant(s):

Kinecta Federal Credit Union Represented By Mark S Blackman

Trustee(s):

Larry D Simons (TR) Pro Se

11:00 AM

6:20-11912


Citlali Selene Ramirez Ramirez and Kristina Ramirez


Chapter 7


#7.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2016 Harley-Davidson FLHX Street Glide


MOVANT: HARLEY-DAVIDSON


EH     


Docket 11

Tentative Ruling: Tentative Ruling:

5/12/20


Service: Proper Opposition: None


To attain relief from stay under 11. U.S.C §362(d)(1) "cause" must be shown. Harley- Davidson claims that there is a lack of adequate protection of its interest in its property. Adequate protection is intended to compensate a secured creditor whose collateral declines in value while it is in the possession of, and being used by, a…debtor." People’s Capital& Leasing Corp. v. Big3d, Inc., 438 B.R. 214, 220 (B.A.P. 9th Cir. 2010).


By providing Promissory Note and Security Agreement, Lien and Title Information, Payment History, and NADA Guides Value Report, Harley-Davidson has shown neither is there any equity nor is its interest adequately protected. In re Gauvin, 24 B.R. 578, 580 (B.A.P. 9th Cir. 1982).


To receive relief under 11 U.S.C. § 362(d)(2), both elements— (1) debtor has no

11:00 AM

CONT...


Citlali Selene Ramirez Ramirez and Kristina Ramirez


Chapter 7

equity in the property and (2) property is not necessary for an effective organization— must be met. 3 Collier on Bankruptcy ¶ 362.07[4] (Richard Levin & Henry J. Sommer eds., 16th ed.). Harley-Davidson has provided evidence that Debtors do not have any equity in the property.


The burden now shifts to the opposing party, the Debtors, to show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1). 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.). Debtors also have the burden of proving that the property at issue is necessary to an effective organization. 11 U.S.C. § 362(g).


Debtors have not opposed the motion. Thus, they have not met their burden. Pursuant to LBR 9013-1(h), if a party does not timely file and serve documents, the Court may deem this lack of action to be consent to the granting or denial of the motion. Thus, the Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. §§ 362(d)(1) and 362(d)(2). GRANT relief from Rule 4001(a)(3) stay. GRANT request under ¶ 6. DENY request under ¶15 as moot.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.



Party Information

Debtor(s):

Citlali Selene Ramirez Ramirez Represented By Brian J Soo-Hoo

Joint Debtor(s):

Kristina Ramirez Estanislao Represented By Brian J Soo-Hoo

Movant(s):

Harley-Davidson Represented By Kirsten Martinez

11:00 AM

CONT...

Trustee(s):


Citlali Selene Ramirez Ramirez and Kristina Ramirez


Chapter 7

Robert Whitmore (TR) Pro Se

11:00 AM

6:20-12009


Kristine Renee Strand


Chapter 7


#8.00 Notice of motion and motion for relief from the automatic stay with supporting declarations UNLAWFUL DETAINER RE: 43100 Palm Royale Drive #515, La Quinta, CA 92253


MOVANT: WRM LA QUINTA LLC


EH     


Docket 26

Tentative Ruling: Tentative Ruling:

4/12/20


Service: Proper Opposition: None


The filing of a bankruptcy case creates an estate, which is comprised of all the legal and equitable interests of the debtor in property as of the commencement of the case. 11 U.S.C §541(a)(1). Under 11. U.S.C. §362, a stay is effective automatically and immediately upon a filing of a bankruptcy petition. 3 Collier on Bankruptcy ¶ 362.02 (Richard Levin & Henry J. Sommer eds., 16th ed.). The stay applies to almost all types of formal or informal action taken against the debtor or the property of the estate. Id. at ¶ 362.03.


On March 10, 2020 (hereinafter "Petition Date"), Kristine Renee Strand (hereinafter "Debtor") filed a voluntary Chapter 7 petition. In Debtor’s commencement documents, she listed her resident at 43100 Palm Royale Drive, Unit 515, La Quinta, CA 92253 (hereinafter the "Property"). Thus, an estate was created, and the stay simultaneously took effective on March 10, 2020.


Movant, WRM La Quinta LLC (hereinafter "WRM"), filed a motion asking for relief

11:00 AM

CONT...


Kristine Renee Strand


Chapter 7

from the stay or for order confirming that an automatic stay does not apply under 11

U.S.C. § 362(l). Dkt. No. 26. 11 U.S.C. § 362 (b)(22) provides that the filing of a bankruptcy petition does not create an automatic stay of the continuation of any unlawful detainer proceeding by a lessor against a debtor involving residential real property ‘in which the debtor resides as a tenant under a lease or rental agreement and with respect to which the lessor has obtained before the date of the filing of the bankruptcy petition, a judgment for possession of such property against the debtor.’" In re Furtado, 2011 Bankr. Lexis 5667, *3 (Bankr. E.D. Cal. 2011).


WRM provided the lease agreement between itself and Debtor. WRM provided a complaint it filed for unlawful detainer by Debtor on February 25, 2020. However, WRM did not provide evidence of a judgment entered for the unlawful detainer before Debtor’s Petition Date. Thus, WRM did not meet its burden, and at the time of the Petition Date the stay was in effect pursuant to the lease agreement.


Nonetheless, the evidence provided by WRM does show "cause" under 11 U.S.C. § 362(d)(1). WRM alleges that Debtor has not paid rent since filing this petition. In re Kishchenko, 2012 Bankr. Lexis 6158, * (Bankr. E. D. Cal. 2012) citing In re Ellis, 60

B.R. 432 (B.A.P 9th Cir. 1985) (ruling that cause exists for terminating the automatic stay since the Debtor failed to make post-petition payments).


To receive relief under 11 U.S.C. § 362(d)(2), both elements— (1) debtor has no equity in the property and (2) property is not necessary for an effective organization— must be met. 3 Collier on Bankruptcy ¶ 362.07[4] (Richard Levin & Henry J. Sommer eds., 16th ed.). WRM has shown by the lease agreement that Debtor has no equity interest in the Property.


The burden now shifts to the opposing party, the Debtor, to show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1). 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.). Debtor also has the burden of proving that the property at issue is necessary to an effective organization. 11 U.S.C. § 362(g). Debtor has not opposed the motion.


Because a Chapter 7 proceeding does not involve a reorganization, it is generally presumed that the second condition under 11 U.S.C. § 362(d)(2)(B) is met in a

11:00 AM

CONT...


Kristine Renee Strand


Chapter 7

Chapter 7 proceeding." In re Williamson, 2009 Bankr. Lexis 5571, *5 (Bankr. S.D. Ga. 2009).


Furthermore, the lack of a response from Debtor, pursuant to Local Bankruptcy Rule 9013-1(h), may be deemed to be consent to the granting or denial of the motion. Thus, the Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. §§ 362(d)(1) and 362(d)(2). GRANT relief from Rule 4001(a)(3) stay. GRANT request under ¶ 2.


APPEARANCES REQUIRED.


Party Information

Debtor(s):

Kristine Renee Strand Represented By Christopher Hewitt

Movant(s):

WRM La Quinta LLC Represented By Scott Andrews

Trustee(s):

Todd A. Frealy (TR) Pro Se

2:00 PM

6:19-13127


Woodcrest Ace Hardware Inc.


Chapter 11


#9.00 CONT Motion RE: Objection to Claim Number 12 by Claimant Zions Bancorporation, N.A. D/B/A California Bank & Trust


From: 3/31/20 Also #10 - #17

EH     


Docket 278


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Woodcrest Ace Hardware Inc. Represented By

Robert B Rosenstein

Movant(s):

Woodcrest Ace Hardware Inc. Represented By

Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein

2:00 PM

6:19-13127


Woodcrest Ace Hardware Inc.


Chapter 11


#10.00 CONT Motion for Authorization to Use Cash Collateral and Provide Adequate Protection


From: 12/3/19, 2/25/20, 3/31/20 Also #9 - #17

EH     


Docket 199


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Woodcrest Ace Hardware Inc. Represented By

Robert B Rosenstein

Movant(s):

Woodcrest Ace Hardware Inc. Represented By

Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein

2:00 PM

6:19-13127


Woodcrest Ace Hardware Inc.


Chapter 11


#11.00 Motion for extension of time to have plan of reorganization confirmed Also #9 - #17

EH     


Docket 327


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Woodcrest Ace Hardware Inc. Represented By

Robert B Rosenstein

Movant(s):

Woodcrest Ace Hardware Inc. Represented By

Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein

2:00 PM

6:19-13127


Woodcrest Ace Hardware Inc.


Chapter 11


#12.00 CONT Confirmation of Chapter 11 Plan From: 3/31/20

Also #9 - #17 EH     

Docket 204


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Woodcrest Ace Hardware Inc. Represented By

Robert B Rosenstein

2:00 PM

6:19-13127


Woodcrest Ace Hardware Inc.


Chapter 11


#13.00 (Jointly Administered - LEAD CASE)

CONT Order (1) Setting Scheduling Hearing And Case Management Conference And (2) Requiring Status Report


From: 5/21/19, 7/30/19, 10/29/19, 1/28/20, 2/25/20, 3/31/20 Also #9 - #17

EH     


Docket 2


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Woodcrest Ace Hardware Inc. Represented By

Robert B Rosenstein

2:00 PM

6:19-13127


Woodcrest Ace Hardware Inc.


Chapter 11


#14.00 (Jointly Administered with P&P Hardware Inc)

CONT Order (1) Setting Scheduling Hearing And Case Management Conference And (2) Requiring Status Report


From: 5/21/19, 7/30/19, 10/29/19, 1/28/20, 2/25/20, 3/31/20, Also #9 - #17

EH     


Docket 2


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Woodcrest Ace Hardware Inc. Represented By

Robert B Rosenstein

2:00 PM

6:19-13127


Woodcrest Ace Hardware Inc.


Chapter 11


#15.00 (Jointly Administered with 9 Fingers Inc)

CONT Order (1) Setting Scheduling Hearing And Case Management Conference And (2) Requiring Status Report


From: 5/21/19, 7/30/19, 10/29/19, 1/28/20, 2/25/20, 3/31/20, Also #9 - #17

EH     


Docket 2


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Woodcrest Ace Hardware Inc. Represented By

Robert B Rosenstein

2:00 PM

6:19-13127


Woodcrest Ace Hardware Inc.


Chapter 11


#16.00 (Jointly Administered with Riverside Ace Hardware Inc)

CONT Order (1) Setting Scheduling Hearing And Case Management Conference And (2) Requiring Status Report


From: 5/21/19, 7/30/19, 10/29/19, 1/28/20, 2/25/20, 3/31/20 Also #9 - #17

EH     


Docket 2


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Woodcrest Ace Hardware Inc. Represented By

Robert B Rosenstein

2:00 PM

6:19-13127


Woodcrest Ace Hardware Inc.


Chapter 11


#17.00 (Jointly Administered with Wildomar Ace Hardware Inc)

CONT Order (1) Setting Scheduling Hearing And Case Management Conference And (2) Requiring Status Report


From: 5/21/19, 7/30/19, 10/29/19, 1/28/20, 2/25/20, 3/31/20 Also #9 - #16

EH     


Docket 2


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Woodcrest Ace Hardware Inc. Represented By

Robert B Rosenstein

2:00 PM

6:18-16908


Visiting Nurse Association of the Inland Counties


Chapter 11


#18.00 Debtor's Motion for Order Approving Bidding Procedures, Stalking Horse Bidder Protections, Form of Asset Purchase Agreements, and Assignment Procedures, in Connection with Sale of Debtor's Hospice Assets and Home Health Assets


EH     


Docket 567


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Visiting Nurse Association of the Represented By

David M Goodrich Beth Gaschen Jennifer Vicente Ryan W Beall Steven T Gubner Jason B Komorsky

Movant(s):

Visiting Nurse Association of the Represented By

David M Goodrich David M Goodrich Beth Gaschen Beth Gaschen Jennifer Vicente Jennifer Vicente Ryan W Beall Ryan W Beall Steven T Gubner Steven T Gubner Jason B Komorsky

2:00 PM

CONT...


Visiting Nurse Association of the Inland Counties

Jason B Komorsky


Chapter 11

10:00 AM

6:20-11577


Rito Isaac Silva


Chapter 7


#1.00 Pro se Reaffirmation Agreement Between Debtor and Frontwave Credit Union re 2014 Lexus IS350


EH     


Docket 8


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Rito Isaac Silva Represented By Daniel King

Trustee(s):

Steven M Speier (TR) Pro Se

11:00 AM

6:09-37653


Debi Jo Killian


Chapter 7


#2.00 Notice of Trustee's Final Report and Applications for Compensation EH     

Docket 65


Tentative Ruling:

5/13/2020

No opposition has been filed. Service was Proper.


The applications for compensation of the Trustee, Counsel for the Trustee, and Accountant for the Trustee have been set for hearing on the notice required by LBR 2016-1. Pursuant to the Trustee's Final Report and the applications of the associated professionals, the Court is inclined to APPROVE the following administrative expenses:


Trustee Fees: $ 3,750.00 Trustee Expenses: $ 82.80


Attorney Fees: $ 6,725.00 Attorney Costs: $ 98.18


Accountant Fees: $ 2,621.00 Accountant Costs: $ 151.05


APPEARANCES WAIVED. If written or oral opposition is presented at the hearing, the hearing may be continued. Trustee to lodge order within 7 days.

Party Information

Debtor(s):

Debi Jo Killian Represented By Gregory J Doan

Michael H Raichelson

11:00 AM

CONT...

Trustee(s):


Debi Jo Killian


Chapter 7

John P Pringle (TR) Represented By

Michelle A Marchisotto

11:00 AM

6:17-15262


Hector Paez Valdez and Yolanda Garcia Valdez


Chapter 7


#3.00 Notice of Trustee's Final Report and Applications for Compensation EH     

Docket 29


Tentative Ruling:

5/13/2020

No opposition has been filed. Service was Proper.


The application for compensation of the Trustee has been set for hearing on the notice required by LBR 2016-1. Pursuant to the Trustee's Final Report and the applications of the associated professionals, the Court is inclined to APPROVE the following administrative expenses:


Trustee Fees: $ 1,389.17 Trustee Expenses: $ 7.00 Bond Payment: $ 3.56


APPEARANCES WAIVED. If written or oral opposition is presented at the hearing, the hearing may be continued. Trustee to lodge order within 7 days.

Party Information

Debtor(s):

Hector Paez Valdez Represented By Carey C Pickford

Joint Debtor(s):

Yolanda Garcia Valdez Represented By Carey C Pickford

Trustee(s):

Lynda T. Bui (TR) Pro Se

11:00 AM

6:18-20136


Alberto Ornelas


Chapter 7


#4.00 Notice of Trustee's Final Report and Applications for Compensation EH     

Docket 24


Tentative Ruling:

5/13/2020

No opposition has been filed. Service was Proper.


The application for compensation of the Trustee has been set for hearing on the notice required by LBR 2016-1. Pursuant to the Trustee's Final Report and the applications of the associated professionals, the Court is inclined to APPROVE the following administrative expenses:


Trustee Fees: $ 759.50 Trustee Expenses: $ 29.77


APPEARANCES WAIVED. If written or oral opposition is presented at the hearing, the hearing may be continued. Trustee to lodge order within 7 days.

Party Information

Debtor(s):

Alberto Ornelas Represented By Marlin Branstetter

Trustee(s):

Larry D Simons (TR) Pro Se

11:00 AM

6:16-15453


Brenda Fleming Bell


Chapter 13


#5.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 5660 San Maruno Way, Rancho Cucamonga, California 91739


MOVANT: NEWREZ LCC


From: 2/11/20, 3/10/20, 4/21/20 EH     

Docket 59

*** VACATED *** REASON: ORDER ENTERED 5/1/20

Tentative Ruling:

2/11/2020


Service: Proper Opposition: Late

Parties to apprise Court of status of arrears. APPEARANCES REQUIRED.

Party Information

Debtor(s):

Brenda Fleming Bell Represented By Suzette Douglas

Movant(s):

NewRez LLC dba Shellpoint Represented By Kirsten Martinez Julian T Cotton

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:11-13747


JOSEPH MARION PHELPS


Chapter 7


#6.00 Motion to Avoid Judicial Lien with UPS Employees Federal Credit Union, a federally chartered credit union


EH     


Docket 24


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

JOSEPH MARION PHELPS Represented By Nicholas M Wajda

Movant(s):

JOSEPH MARION PHELPS Represented By Nicholas M Wajda

Trustee(s):

Robert Whitmore (TR) Pro Se

11:00 AM

6:19-20188


Tinishia Thomas


Chapter 7


#7.00 Order to show cause re dismissal for failure to comply with rule 1006(B) installments


EH     


Docket 13


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Tinishia Thomas Pro Se

Trustee(s):

Arturo Cisneros (TR) Pro Se

11:00 AM

6:13-22713


Abel Solorzano and Irma Solorzano


Chapter 7


#8.00 CONT Trustee's Final Report and Applications for Compensation (Holding Date)


From: 4/1/20 EH         

Docket 464

Tentative Ruling:

The Court will CONTINUE the matter to September 9, 2020 at 11:00 a.m. for the issuance of a written judicial opinion.

APPEARANCES WAIVED.

Debtor(s):

Party Information

Abel Solorzano Represented By Byron Z Moldo Howard Camhi

Joint Debtor(s):

Irma Solorzano Represented By Byron Z Moldo Howard Camhi

Trustee(s):

Howard B Grobstein (TR) Represented By Ivan L Kallick

11:00 AM

6:15-14230

Home Security Stores, Inc.

Chapter 7

#9.00 Motion for Order Approving Compromise of Controversy Between Chapter 7 Trustee and JPMorgan Chase Bank, N.A. f/k/a Chase Bank USA, N.A. Pursuant to Federal Rule of Bankruptcy Procedure 9019

EH     

Docket 129


Tentative Ruling:

5/13/2020


Service: Proper Opposition: None


Based upon the Court's review of the supplemental declaration filed as docket number 134, the Court is inclined to GRANT the motion and approve the compromise.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

Debtor(s):

Home Security Stores, Inc. Represented By Winfield S Payne III

Movant(s):

John P Pringle (TR) Represented By Robert P Goe Charity J Manee

Trustee(s):

John P Pringle (TR) Represented By Robert P Goe Charity J Manee

11:00 AM

6:16-20298


Donald Sutcliffe


Chapter 7


#10.00 Trustee's Motion to Sell Real Property Located at 51417 El Dorado Drive, La Quinta, CA (1) Outside the Ordinary Course of Business; (2) Free and Clear of Liens, Claims, and Interest Under 11 U.S.C. Section 363(f) with All Such Liens, Claims, and Interests to Attach to Proceeds of Sale; (3) For Approval of Subordination Agreement with Everready Contracting, Ltd.; (4) For Good Faith Determination Under 11 U.S.C. Section 363(m); and (5) For Waiver of 14-day Stay


EH     


Docket 72


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Donald Sutcliffe Represented By Christopher Hewitt

Movant(s):

John P Pringle (TR) Represented By

D Edward Hays David Wood Tinho Mang

Trustee(s):

John P Pringle (TR) Represented By

D Edward Hays David Wood Tinho Mang

2:00 PM

6:19-10279


Thomas Mount


Chapter 7

Adv#: 6:19-01050 Baker et al v. Mount


#11.00 Motion to Dismiss Adversary Proceeding PARTIAL Motion to Dismiss Complaints Causes of Action for Nondischargeability ONLY AS TO: 11 U.S.C. § 523(A)(2)(A); 11 U.S.C. § 523(A) (4); 11 U.S.C. § 523(A)(6)


Also #12 EH     

Docket 58

*** VACATED *** REASON: CONTINUED TO 6/10/20 AT 2:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Thomas Mount Represented By Christopher Hewitt

Defendant(s):

Thomas Mount Represented By Donald W Reid

Movant(s):

Jonathan Baker Represented By Baruch C Cohen

Baker Entertainment Group Represented By Baruch C Cohen

Plaintiff(s):

Jonathan Baker Represented By Baruch C Cohen

Baker Entertainment Group Represented By

2:00 PM

CONT...


Trustee(s):


Thomas Mount


Baruch C Cohen


Chapter 7

Charles W Daff (TR) Pro Se

2:00 PM

6:19-10279


Thomas Mount


Chapter 7

Adv#: 6:19-01050 Baker et al v. Mount


#12.00 CONT Motion for Terminating Sanctions and Award of Attorney's Fees and Costs


From: 4/1/20, 4/14/20 Also #11

EH     


Docket 51

*** VACATED *** REASON: CONTINUED TO 6/10/20 AT 2:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Thomas Mount Represented By Christopher Hewitt

Defendant(s):

Thomas Mount Represented By Donald W Reid

Movant(s):

Thomas Mount Represented By Donald W Reid

Plaintiff(s):

Jonathan Baker Represented By Baruch C Cohen

Baker Entertainment Group Represented By Baruch C Cohen

2:00 PM

CONT...

Trustee(s):


Thomas Mount


Chapter 7

Charles W Daff (TR) Pro Se

2:00 PM

6:17-17749


Joshua Cord Richardson


Chapter 7

Adv#: 6:19-01114 Sonnenfeld v. Diaz et al


#13.00 Motion to Set Aside Default/Judgment EH     

Docket 48

Tentative Ruling:

5/13/20

BACKGROUND

On September 15, 2017, Cleo Sonnenfeld ("Creditor") filed a Chapter 7 involuntary petition against Joshua Richardson ("Debtor"). On November 8, 2017, an order for relief was entered after Debtor stipulated to its entry. That same day, the Court entered an order approving a stipulation between Creditor, Debtor, and HLE Law Group ("HLE") which avoided a deed of trust recorded on June 20, 2017, in favor of HLE and against certain real property located at 13710 Oakley Dr., Moreno Valley, CA 92555 (the "Property").

On November 8, 2018, Trustee filed a motion to approve compromise; after two continuances, and the filing of a supplemental brief, the motion was granted pursuant to order entered January 3, 2019. The pertinent terms of the compromise are the following: (a) the Property is held in constructive trust for the benefit of Creditor, who holds a money judgment in the amount of $318,778.12; (b) Trustee is to sell the Property; (c) the funds otherwise payable on account of the avoided HLE lien constitute property of the estate; (d) the bankruptcy estate shall receive 30% of all sale proceeds in excess of $303,000 until such amount reaches $25,000; (e) Creditor to file an objection to Debtor’s homestead exemption; and, importantly, (f) avoidance actions are assigned to Creditor, with Creditor to receive 70% of any recovery and the bankruptcy estate to receive the remaining 30%.

2:00 PM

CONT...

Joshua Cord Richardson

Chapter 7


On August 9, 2019, Creditor filed a complaint against Gabriela Nieto Diaz and Laguna Motors, Inc. (collectively "Defendants"; individually "Diaz" and "Laguna Motors") for (1) avoidance, recovery, and preservation of preferential transfer; (2) avoidance of intentional fraudulent transfer; (3) avoidance and recovery of fraudulent transfer; and (4) recovery and preservation of avoided intentional transfer, constructive fraudulent transfer, and preferential transfer. On October 18, 2019, default was entered against Defendants. On October 31, 2019, Creditor filed a motion for default judgment. After the Court set and held a hearing on Creditor’s motion for default judgment, the Court entered default judgment against Defendants on December 6, 2019. On March 11, 2020, Creditor filed an abstract of judgment and a writ of execution relating to each individual defendant. On April 2, 2020, the Court approved Creditor’s application to appoint a process server.


On April 8, 2020, Laguna Motors filed a motion to set aside the default judgment. On April 29, 2020, Creditor filed an opposition. On May 6, 2020, Laguna Motors filed a reply. The Court notes that the motion to set aside the default judgment is a skeletal boilerplate motion, and only after Creditor filed a detailed opposition, did Laguna Motors, in its reply, provide detailed analysis and argumentation.


ANALYSIS



FED. R. CIV. P. Rule 55(c), made applicable to bankruptcy proceedings by FED. R. BANKR. P. Rule 7055, states: "[t]he court may set aside an entry of default for good cause, and it may set aside a final default judgment under Rule 60(b)." FED. R. CIV. P. Rule 60(b), incorporated into bankruptcy proceedings by FED. R. BANKR. P. Rule 9024, provides six separate grounds for relief from a judgment. Laguna Motors argues that Rule 60(b)(1), which provides for relief from judgment in cases of "mistake, inadvertence, or excusable neglect," is inapplicable here. As noted by the parties, a determination regarding relief under Rule 60(b)(1) "is at bottom an equitable one" and the Court should consider all relevant circumstances. See, e.g., Pioneer Inv. Servs. Co. v. Brunwick Assocs., 507 U.S. 380, 395 (1993).

2:00 PM

CONT...


Joshua Cord Richardson


Chapter 7

When a party seeks relief from a default judgment pursuant to Rule 60(b)(1), the Court must apply the Falk factors. See, e.g., Brandt v. Am. Bankers Ins. Co. of Fla., 653 F.3d 1108, 1111 (9th Cir. 2011). Specifically, the Ninth Circuit has stated that: "To determine ‘good cause,’ [under FED. R. CIV. P. Rule 55(c)] a court must consider three factors: (1) whether the party seeking to set aside the default engaged in culpable conduct that led to the default; (2) whether it had no meritorious defense; or (3) whether reopening the default judgment would prejudice the other party." United States v. Signed Pers. Check No. 730 of Yubran S. Mesle, 615 F.3d 1085, 1091 (9th Cir. 2010) (quotation omitted).


Regarding the first factor, the culpability of the party seeking to set aside default, the Ninth Circuit has imposed a rather high threshold for the culpability which would justify this Court’s refusal to set aside default. To wit:


A defendant’s conduct is culpable if he has received actual or constructive notice of the filing of the action and intentionally failed to answer. As we have previously explained, in this context the term "intentionally" means that a movant cannot be treated as culpable simply for having made a conscious choice not to answer; rather, to treat a failure to answer as culpable, the movant must have acted with bad faith, such as an intention to take advantage of the opposing party, interfere with judicial decisionmaking, or otherwise manipulate the legal process. We have typically held that a defendant’s conduct was culpable for purposes of the good cause factors where there is no explanation of the default inconsistent with a devious, deliberate, willful, or bad faith failure to respond. As we explained in TCI Group, our approach is consistent with Pioneer Inv. Servs. Co. v. Brunswick Assocs. Ltd., 507 U.S. 380, 388, 393-95 (1993), in light of which it is clear that simple carelessness is not sufficient to treat a negligent failure to reply as inexcusable, at least without a demonstration that other equitable factors, such as prejudice, weight heavily in favor of denial of the motion to set aside a default.


Id. at 1092-93 (quotations and citations omitted). The record before the Court is devoid of any evidence which would establish the culpability of Defendant under the test articulated above. While Plaintiffs argue that "[n]either Movant nor Movant’s counsel’s arguments prove the existence of any acceptable excuse for a knowing failure to respond to the Complaint," this argument does not necessarily impute

2:00 PM

CONT...


Joshua Cord Richardson


Chapter 7

culpability to Laguna Motors under the standard articulated in Mesle, especially considering the statement in Mesle that consciously choosing not to answer is insufficient for a finding of culpability. Rather, the record before the Court does not provide sufficient evidentiary support for a finding that Laguna Motors intended to take advantage of the opposing party, interfere with judicial decisionmaking, or otherwise manipulate the legal process.


Regarding the second factor, whether the defendant has a meritorious defense, the Ninth Circuit has stated that:


A defendant seeking to vacate a default judgment must present specific facts that would constitute a defense. But the burden on a party seeking to vacate a default judgment is not extraordinarily heavy. All that is necessary to satisfy the meritorious defense requirement is to allege sufficient facts that, if true, would constitute a defense: the question whether the factual allegation is true is not to be determined by the court when it decides the motion to set aside the default. Rather, that question would be the subject of the later litigation.


Id. at 1094. The Court notes that it is clear that motion itself does not contain a meritorious defense. The attached declaration simply states that "Laguna Motors has several valid defenses to the Complaint" and the attached proposed answer simply states that "Defendant generally denies the allegations as set forth in the Complaint." The reply, however, does appear to contain allegations which would constitute a meritorious defense. Specifically, the reply alleges that the funds paid to Laguna Motors were part of a standard, arms-length agreement, that would allow Debtor to utilize Laguna Motor’s dealer’s license and provide Debtor with various equipment. It would appear that the allegations in the reply, if true, could constitute a valid defense to Creditor’s causes of action for fraudulent transfer. It is problematic this is raised in the reply, a Laguna Motors did not make a prima facie showing in the motion, and deprived Creditor of due process.


Regarding the third factor, whether Plaintiff would suffer legal prejudice, Plaintiff has not clearly raised an argument alleging that it would suffer legal prejudice. "To be prejudicial, the setting aside of a judgment must result in greater harm than simply

2:00 PM

CONT...


Joshua Cord Richardson


Chapter 7

delaying resolution of the case." TCI Group Life Ins. Plan v. Knoebber, 244 F.3d 691, 701 (9th Cir. 2001). "The standard is whether his ability to pursue his claim will be hindered." Falk v. Allen, 739 F.2d 461, 463 (9th Cir. 1984); see also Thompson v. Am. Home Assurance Co., 95 F.3d 429, 433-34 (6th Cir. 1996) ("Second, for the setting aside of a default judgment to be considered prejudicial, it must result in more than delay. Rather, the delay must result in tangible harm such as loss of evidence, increased difficulties of discovery, or greater opportunity for fraud or collusion.").

Plaintiffs’ assertion that the setting aside of default will result in increased administrative expenses does not appear to satisfy that standard for legal prejudice.


TENTATIVE RULING



In light of the standard for vacating a default judgment in the Ninth Circuit, the Court is inclined to either: (1) DENY the motion for failure to address the appropriate legal standard in the moving papers; or (2) CONTINUE the hearing for further briefing, and the Court intends to condition the vacation of the default judgment on payment of Creditor’s reasonable attorney fees incurred as a result of Laguna Motor’s dilatory defense.


APPEARANCES REQUIRED.


Party Information

Debtor(s):

Joshua Cord Richardson Represented By Amid Bahadori

Defendant(s):

Gabriela Nieto Diaz Pro Se

Laguna Motors, Inc. Represented By Julian K Bach

Movant(s):

Laguna Motors, Inc. Represented By

2:00 PM

CONT...


Joshua Cord Richardson


Julian K Bach


Chapter 7

Plaintiff(s):

Cleo Sonnenfeld Represented By Laila Masud

D Edward Hays

Trustee(s):

Todd A. Frealy (TR) Represented By Anthony A Friedman

2:00 PM

6:17-18295


Eastern Legends CW


Chapter 7

Adv#: 6:18-01222 Anderson, Chapter 7 Trustee v. Bobby Lee Associates, LLC


#14.00 CONT Status Conference RE: [1] Adversary case 6:18-ap-01222. Complaint by Karl T. Anderson, Chapter 7 Trustee against Bobby Lee Associates, LLC. (Charge To Estate). Nature of Suit: (11 (Recovery of money/property - 542 turnover of property)),(14 (Recovery of money/property - other)),(13 (Recovery of money/property - 548 fraudulent transfer)) (Polis, Thomas)


From: 1/16/19, 4/17/19, 6/12/19, 9/18/19, 10/2/19, 12/11/19, 3/25/20, 4/1/20


EH     


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Eastern Legends CW Represented By Lawrence B Yang

Defendant(s):

Bobby Lee Associates, LLC Represented By Keith S Knochel

Plaintiff(s):

Karl T. Anderson, Chapter 7 Trustee Represented By

Thomas J Polis

Trustee(s):

Karl T Anderson (TR) Represented By Thomas J Polis

2:00 PM

6:17-18295


Eastern Legends CW


Chapter 7

Adv#: 6:18-01227 Anderson, Chapter 7 Trustee v. Wang et al


#15.00 CONT Status Conference RE: [13] Amended Complaint Karl T. Anderson, Chapter 7 Trustee's First Amended Complaint; with Proof of Service by Thomas J Polis on behalf of Karl T. Anderson, Chapter 7 Trustee against LiLi Chang, JWLC Imports, Inc., Ming Chung Wang. (RE: related document(s)1 Adversary case 6:18-ap-01227. Complaint by Karl T. Anderson, Chapter 7 Trustee against Ming Chung Wang. (Charge To Estate - $350.00). 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)) (Polis, Thomas) Modified on 11/19/2018. filed by Plaintiff Karl T. Anderson, Chapter 7 Trustee). (Attachments: # 1 Exhibit A # 2 Exhibit B # 3 Exhibit C # 4 Exhibit D) (Polis, Thomas)


From: 9/18/19, 12/11/19, 3/25/20, 4/1/20 EH         

Docket 13


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Eastern Legends CW Represented By Lawrence B Yang

Defendant(s):

Ming Chung Wang Pro Se

LiLi Chang Represented By

Lawrence B Yang

JWLC Imports, Inc. Pro Se

2:00 PM

CONT...


Eastern Legends CW


Chapter 7

Plaintiff(s):

Karl T. Anderson, Chapter 7 Trustee Represented By

Thomas J Polis

Trustee(s):

Karl T Anderson (TR) Represented By Thomas J Polis

2:00 PM

6:18-10939


Vance Zachary Johnson


Chapter 7

Adv#: 6:18-01106 Bankers Healthcare Group, LLC v. Johnson


#16.00 Motion for Leave to File First Amended Complaint EH     

Docket 57


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Vance Zachary Johnson Represented By Robert P Goe

Defendant(s):

Vance Zachary Johnson Represented By Robert P Goe Stephen Reider

Movant(s):

Bankers Healthcare Group, LLC Represented By

Todd L Turoci

Plaintiff(s):

Bankers Healthcare Group, LLC Represented By

Todd L Turoci

Trustee(s):

Todd A. Frealy (TR) Represented By Monica Y Kim

2:00 PM

6:15-14230


Home Security Stores, Inc.


Chapter 7

Adv#: 6:18-01213 Pringle v. JPMorgan Chase Bank, National Association dba Chas


#17.00 CONT Status Conference RE: [1] Adversary case 6:18-ap-01213. Complaint by John Pringle against JPMorgan Chase Bank, National Association dba Chase Bank, Chase Bank USA, National Association. (Charge To Estate - $350.00).

Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)) From: 1/9/19, 3/13/19, 6/5/19, 9/4/19, 11/6/19, 4/1/20

EH     


Docket 1

*** VACATED *** REASON: CONTINUED TO 7/22/20 AT 2:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Home Security Stores, Inc. Represented By Winfield S Payne III

Defendant(s):

JPMorgan Chase Bank, National Represented By

Christopher O Rivas

Chase Bank USA, National Represented By Christopher O Rivas

Plaintiff(s):

John Pringle Represented By

Robert P Goe

Trustee(s):

John P Pringle (TR) Represented By Robert P Goe Charity J Manee

2:00 PM

CONT...


Home Security Stores, Inc.


Chapter 7

2:00 PM

6:13-16964


Narinder Sangha


Chapter 7

Adv#: 6:13-01171 Schrader v. Sangha


#18.00 Motion In Limine On Defendant's Affirmative Defenses EH     

Docket 367


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Narinder Sangha Represented By Deepalie M Joshi

Defendant(s):

Narinder Sangha Represented By Deepalie M Joshi Charity J Manee

Movant(s):

Charles Edward Schrader Pro Se

Plaintiff(s):

Charles Edward Schrader Pro Se

Trustee(s):

Karl T Anderson (TR) Pro Se

2:00 PM

6:19-20532


Yan Zhang


Chapter 13

Adv#: 6:20-01023 Zurich American Insurance Company v. Zhang


#19.00 Motion to Dismiss Adversary Proceeding Also #20

EH     


Docket 4

Tentative Ruling:

5/13/20

BACKGROUND


On December 3, 2019, Yan Zhang ("Defendant") filed a Chapter 13 voluntary petition. On March 5, 2020, Zurich American Insurance Company ("Plaintiff") filed a non-dischargeability adversary complaint against Defendant pursuant to 11 U.S.C. § 523(a)(4) and (6). The complaint also seeks an injunction against the avoiding of Plaintiff’s lien recorded against certain real property owned by Defendant.


On April 6, 2020, Defendant filed a motion to dismiss the complaint pursuant to FED.

R. CIV. P. Rule 12(b)(6), incorporated into bankruptcy proceedings by FED. R. BANKR. P. Rule 7012. On April 29, 2020, Plaintiff filed its opposition. On May 6, 2020, Defendant filed a reply.


Plaintiff and Defendant were previously involved in litigation in both federal and state court. In federal court, Plaintiff secured a judgment of $467,690.19 against Defendant through a motion for default judgment. This default judgment was entered on causes of action for breach of contract and breach of fiduciary duty; the federal court denied

2:00 PM

CONT...


Yan Zhang


Chapter 13

Plaintiff’s request for default judgment on causes of action for conversion and fraud. In state court, Defendant filed a complaint against Plaintiff for defamation of title and related causes of action. The state court ultimately entered judgment in favor of Plaintiff on the merits and awarded Plaintiff costs and fees in the amount of

$42,533.81.


In an unusual twist, Defendant is now attempting to use the collateral estoppel effect of these judgments, both of which were against Defendant, to defeat Plaintiff’s non- dischargeability causes of action.


DISCUSSION


  1. STANDARD FOR MOTION TO DISMISS


    FED. R. CIV. P. Rule 12(b)(6), made applicable in adversary proceedings through FED. R. BANKR. P. Rule 7012, provides that a bankruptcy court may dismiss a complaint if it fails to "state a claim upon which relief can be granted." In reviewing a FED. R. CIV. P. Rule 12(b)(6) motion, the trial court must accept as true all facts alleged in the complaint and draw all reasonable inferences in favor of the plaintiff. Navarro v.

    Block, 250 F.3d 729, 732 (9th Cir. 2001). The trial court need not, however, accept as true conclusory allegations in a complaint or legal characterizations cast in the form of factual allegations. Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555–56, 127 S.Ct. 1955,

    167 L.Ed.2d 929 (2007).


    To avoid dismissal under FED. R. CIV. P. Rule 12(b)(6), a plaintiff must aver in the complaint "sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’" Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173

    L.Ed.2d 868 (2009) (quoting Twombly, 550 U.S. at 570, 127 S.Ct. 1955). A dismissal under FED. R. CIV. P. Rule 12(b)(6) may be based either on the lack of a cognizable legal theory or on the absence of sufficient facts alleged under a cognizable legal theory. Johnson v. Riverside Healthcare Sys., 534 F.3d 1116, 1121 (9th Cir.2008).


  2. ANALYSIS

    2:00 PM

    CONT...


    Yan Zhang


    Chapter 13



    The parties appear to agree regarding the standard for the use of issue preclusion. As the Bankruptcy Appellate Panel recently outlined


    Issues preclusion applies in nondischargeability proceedings. Because the relevant judgment was rendered under California law, full faith and credit principles require us to apply California issue preclusion law.

    Under California law, issue preclusion is available if:

    1. the issue sought to be precluded from relitigation is identical to that decided in a former proceeding; (2) the issue was actually litigated in the former proceeding; (3) the issue was necessarily decided in the former proceeding; (4) the decision in the former proceeding is final and on the merits; and (5) the party against whom preclusion is sought was the same or in privity with, the party to the former proceeding.


      In re Tinajero, 2018 WL 4939467 at *5 (B.A.P. 9th Cir. 2018) (citations omitted) (quoting In re Plyam, 530 B.R. 456, 462 (B.A.P. 9th Cir. 2015).


      Defendant argues that the district court’s failure to issue a default judgment as to the cause of action for fraud should be collateral estoppel as to the Plaintiff’s § 523(a)(4) cause of action. This argument is clearly flawed because the district court’s judgment does not satisfy any of the first three requirements identified above.


      First, as is noted by Plaintiff, section 523(a)(4) is written in the disjunctive, requiring "fraud or defalcation." Naturally, the fact that the statute is written in the disjunctive implies that fraud and defalcation have different elements. See, e.g., Bullock v.

      BankChampaign, N.A., 569 U.S. 267, 275 (2013) (distinguishing between embezzlement, larceny, fraud, and defalcation). As a result, even a judgment in favor of Defendant on Plaintiff’s cause of action for fraud would not bar a subsequent § 523(a)(4) claim.

      Second, there is no judgment for Defendant on the cause of action for fraud. Instead, the district court simply held that Plaintiff had not sufficiently pled the cause of action for fraud so that entry of a default judgment in Plaintiff’s favor was not appropriate.

      An issue is actually litigated when it is properly raised by a party’s pleading, when it is submitted to the court for determination, and when the court actually determines the issue. See In re Harmon¸ 250 F.3d 1240, 1247 (9th Cir. 2001). In reviewing Plaintiff’s motion for default judgment, the district court concluded that Plaintifft had not

      2:00 PM

      CONT...


      Yan Zhang


      Chapter 13

      properly pled the issue, precluding the district court’s determination of the issue. Similarly, the issues were not necessarily decided by the district court, which simply concluded that "[t]he first and fourth causes of action are insufficiently pled and therefore fail to satisfy the first Eitel factor." [Dkt. No. 1, pg. 23]. Because the district court found that Plaintiff failed to properly plead the causes of action for conversion and fraud, the district court did not necessarily decide any of the underlying substantive issues.


      Defendant next argues that the Court should apply collateral estoppel to prevent Plaintiff from arguing that the judgment for fees and costs awarded in state court is non-dischargeable. While Defendant asserts that that state court case is entitled to preclusive effect, there is no credible argument regarding collateral estoppel in the motion to dismiss. To the extent that Defendant is arguing that the state court’s finding that Defendant acted with "a lack of good faith" somehow precludes Plaintiff from establishing a "willful and maliciousness" injury, the Court finds such argument to be wholly without merit.


      Defendant also appears to be challenging whether Plaintiff has adequately alleged the applicability of §523(a)(4) to the state court judgment. While it appears true that Defendant was no longer acting in a fiduciary capacity at the time the state court judgment was rendered, it does not necessarily follow that the state court judgment – awarding Plaintiff costs and fees related to defending the district court judgment – cannot be considered to be non-dischargeable under the same statutory provisions.

      See, e.g., Cohen v. de la Cruz, 523 U.S. 213, 223 (1998) (holding that all liability on account of a debtor’s fraudulent conduct, including attorneys’ fees and costs available under state law). The Court concludes that whether the state court judgment constitutes a debt arising from the same course of conduct upon which the district court judgment is based, or is sufficiently distinct to be severed from the district court judgment, is a mixed question of fact and law not appropriately decided on the pleadings and not adequately briefed in the motion to dismiss. In any event, this line of argument would not preclude Plaintiff from using the facts related to the state court action as a basis for a non-dischargeable judgment under § 523(a)(6).


      Finally, Defendant argues that the Court should dismiss the third cause of action – for injunctive relief – for failure to state a claim. The argument presented in the motion to dismiss appears irrelevant to the request being made. Nevertheless, the Court notes that there is a separate contested matter – Defendant’s lien avoidance motion – which would appear to be the more appropriate place to litigate the propriety of Defendant’s lien avoidance motion. The resolution of that contested matter – whether in Plaintiff’s or Defendant’s favor – would seem to resolve the cause of action for injunctive relief. For that reason, the Court is inclined to dismiss the cause of action for injunctive relief from this adversary proceeding, with Plaintiff reserving all rights to bring its

      2:00 PM

      CONT...


      Yan Zhang


      Chapter 13

      arguments in the lien avoidance proceedings.


      TENTATIVE RULING



      The Court is inclined to DENY the motion as to the first and second causes of action, and GRANT the motion as to the third cause of action.


      APPEARANCES REQUIRED.


      Party Information

      Debtor(s):

      Yan Zhang Represented By

      Ramiro Flores Munoz

      Defendant(s):

      Yan Zhang Represented By

      Ramiro Flores Munoz

      Movant(s):

      Yan Zhang Represented By

      Ramiro Flores Munoz

      Plaintiff(s):

      Zurich American Insurance Represented By Lincoln V Horton

      Trustee(s):

      Rod Danielson (TR) Pro Se

      2:00 PM

      6:19-20532


      Yan Zhang


      Chapter 13

      Adv#: 6:20-01023 Zurich American Insurance Company v. Zhang


      #20.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01023. Complaint by Zurich American Insurance Company against Yan Zhang. fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)),(72 (Injunctive relief - other))


      From: 4/16/20 Also #19

      EH         


      Docket 1


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Yan Zhang Represented By

      Ramiro Flores Munoz

      Defendant(s):

      Yan Zhang Represented By

      Ramiro Flores Munoz

      Plaintiff(s):

      Zurich American Insurance Represented By Lincoln V Horton

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:15-11952


      James Earl Chapman, Jr.


      Chapter 13


      #1.00 Motion for Determination of Final Cure and Mortgage Payment re: Rule 3002.1 EH     

      Docket 271


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      James Earl Chapman Jr. Represented By Michael E Clark Barry E Borowitz

      Movant(s):

      James Earl Chapman Jr. Represented By Michael E Clark Barry E Borowitz

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:16-17769


      Efren Diaz Estrada


      Chapter 13


      #2.00 CONT Motion to Disallow Claims , Notice of Objection to Claim No. 1 of Bank of America


      From: 4/16/20 Also #3 & #4 EH     

      Docket 108

      Tentative Ruling:

      4/16/2020

      BACKGROUND:


      On August 30, 2016, Efren Estrada ("Debtor") filed a Chapter 7 voluntary petition. On December 12, 2016, Debtor received a discharge. The Chapter 7 trustee subsequently employed counsel and began to administer assets of the estate.


      On March 14, 2017, Debtor filed a motion to convert the case to Chapter 13. The Chapter 7 trustee filed opposition to the motion on March 22, 2017. After the Court continued the initial hearing, Debtor filed a motion to vacate discharge on April 26, 2017. The Chapter 7 trustee filed its opposition on May 3, 2017. On June 13, 2017, the Court issued an opinion granting Debtors’ motion to vacate discharge. On July 11, 2017, the case was converted to Chapter 13. On August 29, 2017, Debtor’s Chapter 13 plan was confirmed, providing for a 100% distribution to unsecured creditors.


      On March 3, 2020, Debtor filed objections to three different claims: (1) the claim of

      11:00 AM

      CONT...


      Efren Diaz Estrada


      Chapter 13

      Bank of America, filed on February 28, 2017, in the amount of $4,097 ("Claim 1");

    2. the claim of Bank One, filed on February 28, 2017, in the amount of $4,095 ("Claim 2"); and (3) the claim of Wells Fargo Bank, filed on February 28, 2017, in the amount of $10,056 ("Claim 6"). All three of these claims were filed by the Chapter 7 trustee. The Court has not received any opposition to the claim objections.


APPLICABLE LAW:


Pursuant to 11 U.S.C. § 502(a), a proof of claim is deemed allowed unless a party in interest objects. Absent an objection, a proof of claim constitutes prima facie evidence of the validity and amount of the claim under Federal Rule of Bankruptcy Procedure ("FRBP") 3001(f). See Lundell v. Anchor Constr. Specialists, Inc., 223 F.3d 1035, 1039 (9th Cir. 2000). When a party files an objection to a proof of claim, that filing "creates a dispute which is a contested matter" within the meaning of FRBP 9014 and the Court must resolve the matter after notice and opportunity for hearing upon a motion for relief. Id.


When a creditor has filed a proof of claim that complies with the rules (thereby giving rise to the presumption of validity), the burden shifts to the objecting party who must "present evidence to overcome the prima facie case." In re Medina, 205 B.R. 216, 222 (9th Cir. B.A.P. 1996). To defeat the claim, the objecting party must provide sufficient evidence and "show facts tending to defeat the claim by probative force equal to that of the allegations of the proofs of claim themselves." Lundell, 223 F.3d at 1039 (quoting In re Holm, 931 F.2d 620, 623 (9th Cir. 1991)). "The objector must produce evidence, which, if believed, would refute at least one of the allegations that is essential to the claim’s legal sufficiency." Lundell, 223 F.3d at 1040 (quoting In re Allegheny Int’l, Inc., 954 F.2d 167, 173-74 (3d Cir. 1992)). If the objecting party produces sufficient evidence to negate one or more of the sworn facts in the proof of claim, the burden reverts back to the claimant to prove the validity of the claim by a preponderance of the evidence. See In re Consol. Pioneer Mort, 178 B.R. 222, 226 (9th Cir. BAP 1995), aff’d, 91 F.3d 151 (9th Cir. 1996) (quoting Allegheny Int’l, 954

11:00 AM

CONT...


Efren Diaz Estrada


Chapter 13

F.2d at 173-74). The ultimate burden of persuasion remains at all times on the claimant. See Lundell, 223 F.3d at 1039; see also Holm, 931 F.2d at 623.


ANALYSIS:


As noted in the background section above, Claim 1, Claim 2, and Claim 6 were all filed by the Chapter 7 trustee before the case was converted to Chapter 13. Debtor argues that all three claims should be disallowed because the creditors for whom the claims were filed have not accepted payment from the Chapter 13 trustee.

Specifically, Debtor attaches, as Exhibit 2, correspondence received from the Chapter 13 trustee which indicates that the disbursements to Wells Fargo Bank and Bank of America were returned as "unable to locate/identify account" and that the disbursement to Bank One has not been accepted.


Debtor relies upon 11 U.S.C. § 502(b)(1) as provided the grounds for the Court to disallow Claim 1, Claim 2, and Claim 6. The Court notes that the Chapter 7 trustee filed the claims after Debtor listed the claims on Schedule F, and Debtor has not provided any evidence explaining why the claims were scheduled if they were not enforceable against Debtor. Furthermore, it would appear, as noted in Exhibit 2, that the creditors failure to accept the funds would result in the funds being forwarded to the Court as "unclaimed funds," and, because Debtor’s plan is a 100% plan, the funds would ultimately be returned to Debtor.


It is not clear that disallowing the subject claims, rather than pursuing the typical unclaimed funds process, is the proper result in this case, especially considering that it does not appear that the Chapter 13 trustee received any response from Bank One.

11:00 AM

CONT...


Efren Diaz Estrada


Chapter 13

TENTATIVE RULING


The Court is inclined to OVERRULE the objection, or, alternatively, to CONTINUE the matter for Debtor to provide supplemental evidence establishing that the claims are not enforceable against Debtor.


APPEARANCES REQUIRED.


Party Information

Debtor(s):

Efren Diaz Estrada Represented By

W. Derek May

Movant(s):

Efren Diaz Estrada Represented By

W. Derek May

W. Derek May

W. Derek May

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:16-17769


Efren Diaz Estrada


Chapter 13


#3.00 CONT Motion to Disallow Claims , Notice of Objection to Claim No. 2 of Bank One


From: 4/16/20 Also #2 & #4 EH     

Docket 109

Tentative Ruling:

4/16/2020

BACKGROUND:


On August 30, 2016, Efren Estrada ("Debtor") filed a Chapter 7 voluntary petition. On December 12, 2016, Debtor received a discharge. The Chapter 7 trustee subsequently employed counsel and began to administer assets of the estate.


On March 14, 2017, Debtor filed a motion to convert the case to Chapter 13. The Chapter 7 trustee filed opposition to the motion on March 22, 2017. After the Court continued the initial hearing, Debtor filed a motion to vacate discharge on April 26, 2017. The Chapter 7 trustee filed its opposition on May 3, 2017. On June 13, 2017, the Court issued an opinion granting Debtors’ motion to vacate discharge. On July 11, 2017, the case was converted to Chapter 13. On August 29, 2017, Debtor’s Chapter 13 plan was confirmed, providing for a 100% distribution to unsecured creditors.


On March 3, 2020, Debtor filed objections to three different claims: (1) the claim of

11:00 AM

CONT...


Efren Diaz Estrada


Chapter 13

Bank of America, filed on February 28, 2017, in the amount of $4,097 ("Claim 1");

(2) the claim of Bank One, filed on February 28, 2017, in the amount of $4,095 ("Claim 2"); and (3) the claim of Wells Fargo Bank, filed on February 28, 2017, in the amount of $10,056 ("Claim 6"). All three of these claims were filed by the Chapter 7 trustee. The Court has not received any opposition to the claim objections.


APPLICABLE LAW:


Pursuant to 11 U.S.C. § 502(a), a proof of claim is deemed allowed unless a party in interest objects. Absent an objection, a proof of claim constitutes prima facie evidence of the validity and amount of the claim under Federal Rule of Bankruptcy Procedure ("FRBP") 3001(f). See Lundell v. Anchor Constr. Specialists, Inc., 223 F.3d 1035, 1039 (9th Cir. 2000). When a party files an objection to a proof of claim, that filing "creates a dispute which is a contested matter" within the meaning of FRBP 9014 and the Court must resolve the matter after notice and opportunity for hearing upon a motion for relief. Id.


When a creditor has filed a proof of claim that complies with the rules (thereby giving rise to the presumption of validity), the burden shifts to the objecting party who must "present evidence to overcome the prima facie case." In re Medina, 205 B.R. 216, 222 (9th Cir. B.A.P. 1996). To defeat the claim, the objecting party must provide sufficient evidence and "show facts tending to defeat the claim by probative force equal to that of the allegations of the proofs of claim themselves." Lundell, 223 F.3d at 1039 (quoting In re Holm, 931 F.2d 620, 623 (9th Cir. 1991)). "The objector must produce evidence, which, if believed, would refute at least one of the allegations that is essential to the claim’s legal sufficiency." Lundell, 223 F.3d at 1040 (quoting In re Allegheny Int’l, Inc., 954 F.2d 167, 173-74 (3d Cir. 1992)). If the objecting party produces sufficient evidence to negate one or more of the sworn facts in the proof of claim, the burden reverts back to the claimant to prove the validity of the claim by a preponderance of the evidence. See In re Consol. Pioneer Mort, 178 B.R. 222, 226 (9th Cir. BAP 1995), aff’d, 91 F.3d 151 (9th Cir. 1996) (quoting Allegheny Int’l, 954

11:00 AM

CONT...


Efren Diaz Estrada


Chapter 13

F.2d at 173-74). The ultimate burden of persuasion remains at all times on the claimant. See Lundell, 223 F.3d at 1039; see also Holm, 931 F.2d at 623.


ANALYSIS:


As noted in the background section above, Claim 1, Claim 2, and Claim 6 were all filed by the Chapter 7 trustee before the case was converted to Chapter 13. Debtor argues that all three claims should be disallowed because the creditors for whom the claims were filed have not accepted payment from the Chapter 13 trustee.

Specifically, Debtor attaches, as Exhibit 2, correspondence received from the Chapter 13 trustee which indicates that the disbursements to Wells Fargo Bank and Bank of America were returned as "unable to locate/identify account" and that the disbursement to Bank One has not been accepted.


Debtor relies upon 11 U.S.C. § 502(b)(1) as provided the grounds for the Court to disallow Claim 1, Claim 2, and Claim 6. The Court notes that the Chapter 7 trustee filed the claims after Debtor listed the claims on Schedule F, and Debtor has not provided any evidence explaining why the claims were scheduled if they were not enforceable against Debtor. Furthermore, it would appear, as noted in Exhibit 2, that the creditors failure to accept the funds would result in the funds being forwarded to the Court as "unclaimed funds," and, because Debtor’s plan is a 100% plan, the funds would ultimately be returned to Debtor.


It is not clear that disallowing the subject claims, rather than pursuing the typical unclaimed funds process, is the proper result in this case, especially considering that it does not appear that the Chapter 13 trustee received any response from Bank One.

11:00 AM

CONT...


Efren Diaz Estrada


Chapter 13

TENTATIVE RULING


The Court is inclined to OVERRULE the objection, or, alternatively, to CONTINUE the matter for Debtor to provide supplemental evidence establishing that the claims are not enforceable against Debtor.


APPEARANCES REQUIRED.


Party Information

Debtor(s):

Efren Diaz Estrada Represented By

W. Derek May

Movant(s):

Efren Diaz Estrada Represented By

W. Derek May

W. Derek May

W. Derek May

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:16-17769


Efren Diaz Estrada


Chapter 13


#4.00 CONT Motion to Disallow Claims , Notice of Objection to Claim No. 6 of Wells Fargo Bank


From: 4/16/20 Also #2 & #3 EH     

Docket 107

Tentative Ruling:

4/16/2020

BACKGROUND:


On August 30, 2016, Efren Estrada ("Debtor") filed a Chapter 7 voluntary petition. On December 12, 2016, Debtor received a discharge. The Chapter 7 trustee subsequently employed counsel and began to administer assets of the estate.


On March 14, 2017, Debtor filed a motion to convert the case to Chapter 13. The Chapter 7 trustee filed opposition to the motion on March 22, 2017. After the Court continued the initial hearing, Debtor filed a motion to vacate discharge on April 26, 2017. The Chapter 7 trustee filed its opposition on May 3, 2017. On June 13, 2017, the Court issued an opinion granting Debtors’ motion to vacate discharge. On July 11, 2017, the case was converted to Chapter 13. On August 29, 2017, Debtor’s Chapter 13 plan was confirmed, providing for a 100% distribution to unsecured creditors.


On March 3, 2020, Debtor filed objections to three different claims: (1) the claim of

11:00 AM

CONT...


Efren Diaz Estrada


Chapter 13

Bank of America, filed on February 28, 2017, in the amount of $4,097 ("Claim 1");

(2) the claim of Bank One, filed on February 28, 2017, in the amount of $4,095 ("Claim 2"); and (3) the claim of Wells Fargo Bank, filed on February 28, 2017, in the amount of $10,056 ("Claim 6"). All three of these claims were filed by the Chapter 7 trustee. The Court has not received any opposition to the claim objections.


APPLICABLE LAW:


Pursuant to 11 U.S.C. § 502(a), a proof of claim is deemed allowed unless a party in interest objects. Absent an objection, a proof of claim constitutes prima facie evidence of the validity and amount of the claim under Federal Rule of Bankruptcy Procedure ("FRBP") 3001(f). See Lundell v. Anchor Constr. Specialists, Inc., 223 F.3d 1035, 1039 (9th Cir. 2000). When a party files an objection to a proof of claim, that filing "creates a dispute which is a contested matter" within the meaning of FRBP 9014 and the Court must resolve the matter after notice and opportunity for hearing upon a motion for relief. Id.


When a creditor has filed a proof of claim that complies with the rules (thereby giving rise to the presumption of validity), the burden shifts to the objecting party who must "present evidence to overcome the prima facie case." In re Medina, 205 B.R. 216, 222 (9th Cir. B.A.P. 1996). To defeat the claim, the objecting party must provide sufficient evidence and "show facts tending to defeat the claim by probative force equal to that of the allegations of the proofs of claim themselves." Lundell, 223 F.3d at 1039 (quoting In re Holm, 931 F.2d 620, 623 (9th Cir. 1991)). "The objector must produce evidence, which, if believed, would refute at least one of the allegations that is essential to the claim’s legal sufficiency." Lundell, 223 F.3d at 1040 (quoting In re Allegheny Int’l, Inc., 954 F.2d 167, 173-74 (3d Cir. 1992)). If the objecting party produces sufficient evidence to negate one or more of the sworn facts in the proof of claim, the burden reverts back to the claimant to prove the validity of the claim by a preponderance of the evidence. See In re Consol. Pioneer Mort, 178 B.R. 222, 226 (9th Cir. BAP 1995), aff’d, 91 F.3d 151 (9th Cir. 1996) (quoting Allegheny Int’l, 954

11:00 AM

CONT...


Efren Diaz Estrada


Chapter 13

F.2d at 173-74). The ultimate burden of persuasion remains at all times on the claimant. See Lundell, 223 F.3d at 1039; see also Holm, 931 F.2d at 623.


ANALYSIS:


As noted in the background section above, Claim 1, Claim 2, and Claim 6 were all filed by the Chapter 7 trustee before the case was converted to Chapter 13. Debtor argues that all three claims should be disallowed because the creditors for whom the claims were filed have not accepted payment from the Chapter 13 trustee.

Specifically, Debtor attaches, as Exhibit 2, correspondence received from the Chapter 13 trustee which indicates that the disbursements to Wells Fargo Bank and Bank of America were returned as "unable to locate/identify account" and that the disbursement to Bank One has not been accepted.


Debtor relies upon 11 U.S.C. § 502(b)(1) as provided the grounds for the Court to disallow Claim 1, Claim 2, and Claim 6. The Court notes that the Chapter 7 trustee filed the claims after Debtor listed the claims on Schedule F, and Debtor has not provided any evidence explaining why the claims were scheduled if they were not enforceable against Debtor. Furthermore, it would appear, as noted in Exhibit 2, that the creditors failure to accept the funds would result in the funds being forwarded to the Court as "unclaimed funds," and, because Debtor’s plan is a 100% plan, the funds would ultimately be returned to Debtor.


It is not clear that disallowing the subject claims, rather than pursuing the typical unclaimed funds process, is the proper result in this case, especially considering that it does not appear that the Chapter 13 trustee received any response from Bank One.

11:00 AM

CONT...


Efren Diaz Estrada


Chapter 13

TENTATIVE RULING


The Court is inclined to OVERRULE the objection, or, alternatively, to CONTINUE the matter for Debtor to provide supplemental evidence establishing that the claims are not enforceable against Debtor.


APPEARANCES REQUIRED.


Party Information

Debtor(s):

Efren Diaz Estrada Represented By

W. Derek May

Movant(s):

Efren Diaz Estrada Represented By

W. Derek May

W. Derek May

W. Derek May

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:18-18168


Nicholas Head


Chapter 13


#5.00 Motion To Dismiss Case Post Confirmation Pursuant To 11 U.S.C. §1307(c) EH     

Docket 44


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Nicholas Head Represented By Christopher Hewitt

Movant(s):

Wells Fargo Bank, N.A. Represented By Darlene C Vigil

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-20179


George Clarence Maret and Elizabeth Ann Maret


Chapter 13


#6.00 Motion to Disallow Claims number 6 EH     

Docket 24

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 4/20/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

George Clarence Maret Represented By Dana Travis

Joint Debtor(s):

Elizabeth Ann Maret Represented By Dana Travis

Movant(s):

George Clarence Maret Represented By Dana Travis

Elizabeth Ann Maret Represented By Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-20532


Yan Zhang


Chapter 13


#7.00 Motion to Avoid Judicial Lien with Zurich American Insurance Company Also #8

EH     


Docket 22

Tentative Ruling: 5/14/2020

Service: Proper Opposition: Yes


The Court is inclined to CONTINUE the matter for: (1) Creditor to provide alternative evidence of the fair market value of the subject real property; (2) Debtor to establish the location of residence of her husband; and (3) Creditor to file a supplemental response regarding Debtor’s entitlement to the enhanced exemption.


APPEARANCES REQUIRED.

Party Information

Debtor(s):

Yan Zhang Represented By

Ramiro Flores Munoz

Movant(s):

Yan Zhang Represented By

Ramiro Flores Munoz Ramiro Flores Munoz

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-20532


Yan Zhang


Chapter 13


#8.00 Application for Compensation for Ramiro Flores Munoz, Debtor's Attorney, Period: 2/7/2020 to 4/6/2020, Fee: $5000.00, Expenses: $0.00


Also #7 EH     

Docket 34


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Yan Zhang Represented By

Ramiro Flores Munoz

Movant(s):

Yan Zhang Represented By

Ramiro Flores Munoz Ramiro Flores Munoz

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-20725


Priscilla Fernandez Richardson


Chapter 13


#9.00 Motion RE: Objection to Claim Number 4 by Claimant LVNV Funding, LLC. EH     

Docket 27

Tentative Ruling:

5/14/2020

BACKGROUND:


On December 10 2019, Priscilla Richardson ("Debtor") filed a Chapter 13 voluntary petition. On March 11, 2020, Debtor’s Chapter 13 plan was confirmed.


On February 13, 2020, LVNV Funding, LLC ("Creditor") filed a proof of claim for an unsecured claim in the amount of $2,564.28 ("Claim 4"). On April 10, 2020, Debtor filed an objection to Claim 4. Debtor argues that Claim 4 is barred by the statute of limitations. Creditor did not file any opposition.


APPLICABLE LAW:


Pursuant to 11 U.S.C. § 502(a), a proof of claim is deemed allowed unless a party in interest objects. Absent an objection, a proof of claim constitutes prima facie evidence of the validity and amount of the claim under Federal Rule of Bankruptcy Procedure ("FRBP") 3001(f). See Lundell v. Anchor Constr. Specialists, Inc., 223 F.3d 1035, 1039 (9th Cir. 2000). When a party files an objection to a proof of claim, that filing "creates a dispute which is a contested matter" within the meaning of FRBP

11:00 AM

CONT...


Priscilla Fernandez Richardson


Chapter 13

9014 and the Court must resolve the matter after notice and opportunity for hearing upon a motion for relief. Id.


When a creditor has filed a proof of claim that complies with the rules (thereby giving rise to the presumption of validity), the burden shifts to the objecting party who must "present evidence to overcome the prima facie case." In re Medina, 205 B.R. 216, 222 (9th Cir. B.A.P. 1996). To defeat the claim, the objecting party must provide sufficient evidence and "show facts tending to defeat the claim by probative force equal to that of the allegations of the proofs of claim themselves." Lundell, 223 F.3d at 1039 (quoting In re Holm, 931 F.2d 620, 623 (9th Cir. 1991)). "The objector must produce evidence, which, if believed, would refute at least one of the allegations that is essential to the claim’s legal sufficiency." Lundell, 223 F.3d at 1040 (quoting In re Allegheny Int’l, Inc., 954 F.2d 167, 173-74 (3d Cir. 1992)). If the objecting party produces sufficient evidence to negate one or more of the sworn facts in the proof of claim, the burden reverts back to the claimant to prove the validity of the claim by a preponderance of the evidence. See In re Consol. Pioneer Mort, 178 B.R. 222, 226 (9th Cir. BAP 1995), aff’d, 91 F.3d 151 (9th Cir. 1996) (quoting Allegheny Int’l, 954 F.2d at 173-74). The ultimate burden of persuasion remains at all times on the claimant. See Lundell, 223 F.3d at 1039; see also Holm, 931 F.2d at 623.


ANALYSIS:


11 U.S.C. § 502(b)(1) (2005) states:


  1. Except as provided in subsections (e)(2), (f), (g), (h) and (i) of this section, if such objection to a claim is made, the court, after notice and a hearing, shall determine the amount of such claim in lawful currency of the United States as of the date of the filing of the petition, and shall allow such claim in such amount, except to the extent that—


    1. such claim is unenforceable against the debtor and property of the

11:00 AM

CONT...


Priscilla Fernandez Richardson

debtor, under any agreement or applicable law for a reason other than because such claim is contingent or unmatured;


Chapter 13


CAL. CODE CIV. P. § 337 (2016) provides a statute of limitations of four years for debts founded on written contracts, book accounts, accounts stated based upon account in writing, "balance of mutual, open and current account in writing," and rescission of written contract. Once the statute of limitations has passed, the claim is unenforceable. See e.g., Guaranty Trust Co. v. United States, 304 U.S. 126 (1938).


Claim 4 appears to be based on a retail credit card. Therefore, it appears that Claim 4 fits within the category established by CAL. CODE CIV. P. § 337, and that the statute of limitations is four years. The proof of claim identifies a last payment date of October 4, 2001. This is more than four years prior to the filing of the bankruptcy case, and, therefore, Claim 4 is unenforceable.


Additionally, the Court notes that Creditor has failed to oppose the claim objection, which the Court deems consent to the relief requested pursuant to Local Rule

9013-1(h).


TENTATIVE RULING


The Court is inclined to SUSTAIN the objection, DISALLOWING Claim 4 in its entirety.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

11:00 AM

CONT...


Debtor(s):


Priscilla Fernandez Richardson

Party Information


Chapter 13

Priscilla Fernandez Richardson Represented By Chris A Mullen

Movant(s):

Priscilla Fernandez Richardson Represented By Chris A Mullen

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10277


Theodore Cramer


Chapter 13


#10.00 Motion RE: Objection to Claim Number 9 by Claimant Internal Revenue Service EH     

Docket 20

Tentative Ruling:

5/14/2020

BACKGROUND:


On January 13, 2020, Theodore Cramer ("Debtor") filed a Chapter 13 voluntary petition. On May 1, 2020, Debtor’s Chapter 13 plan was confirmed.


On February 25, 2020, the Internal Revenue Service ("Creditor") filed a proof of claim for an unsecured claim in the amount of $10,751.91, identifying $9,957.18 as entitled to priority ("Claim 9"). On April 14, 2020, Debtor filed an objection to Claim 9, arguing that Claim 9 should be reduced by $4,358. On April 23, 2020, Creditor filed an amended claim, reducing Claim 9 by $4,358.


TENTATIVE RULING


Creditor having amended Claim 9 to reflect the relief requested in the instant claim objection, the Court is inclined to OVERRULE the objection as MOOT.

11:00 AM

CONT...


Theodore Cramer


Chapter 13

APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


Party Information

Debtor(s):

Theodore Cramer Represented By Kevin Tang

Movant(s):

Theodore Cramer Represented By Kevin Tang

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11063


Luis Fernando Narvaez Escoto


Chapter 13


#11.00 Motion for Order Disallowing Proof of Claim No. 3 Also #12

EH     


Docket 17

Tentative Ruling:

5/14/2020

BACKGROUND:


On February 10, 2020, Luis Escoto ("Debtor") filed a Chapter 13 voluntary petition.


On March 11, 2020, the Riverside County Tax Collector filed a proof of claim for a secured claim in the amount of $9,396.97 ("Claim 2"). On March 24, 2020, Jesus & Marylou Moya (collectively, "Creditors") filed a proof of claim for a secured claim in the amount of $137,476.25 ("Claim 3"). Claim 3 includes $9,396.97 for unpaid taxes on the basis that the deed of trust held by Creditors requires Debtor to pay taxes affecting the property.


On April 13, 2020, Debtor filed an objection to Claim 3 on the basis that the amount related to unpaid taxes was already reflected in Claim 2. On April 28, 2020, Creditors filed an opposition. It is not exactly clear what Creditors are arguing in opposition, although it appears that Creditors are suggesting that if Debtor makes payments toward the taxes, such payments should be applied to both Claim 2 and Claim 3.

11:00 AM

CONT...


Luis Fernando Narvaez Escoto


Chapter 13


APPLICABLE LAW:


Pursuant to 11 U.S.C. § 502(a), a proof of claim is deemed allowed unless a party in interest objects. Absent an objection, a proof of claim constitutes prima facie evidence of the validity and amount of the claim under Federal Rule of Bankruptcy Procedure ("FRBP") 3001(f). See Lundell v. Anchor Constr. Specialists, Inc., 223 F.3d 1035, 1039 (9th Cir. 2000). When a party files an objection to a proof of claim, that filing "creates a dispute which is a contested matter" within the meaning of FRBP 9014 and the Court must resolve the matter after notice and opportunity for hearing upon a motion for relief. Id.


When a creditor has filed a proof of claim that complies with the rules (thereby giving rise to the presumption of validity), the burden shifts to the objecting party who must "present evidence to overcome the prima facie case." In re Medina, 205 B.R. 216, 222 (9th Cir. B.A.P. 1996). To defeat the claim, the objecting party must provide sufficient evidence and "show facts tending to defeat the claim by probative force equal to that of the allegations of the proofs of claim themselves." Lundell, 223 F.3d at 1039 (quoting In re Holm, 931 F.2d 620, 623 (9th Cir. 1991)). "The objector must produce evidence, which, if believed, would refute at least one of the allegations that is essential to the claim’s legal sufficiency." Lundell, 223 F.3d at 1040 (quoting In re Allegheny Int’l, Inc., 954 F.2d 167, 173-74 (3d Cir. 1992)). If the objecting party produces sufficient evidence to negate one or more of the sworn facts in the proof of claim, the burden reverts back to the claimant to prove the validity of the claim by a preponderance of the evidence. See In re Consol. Pioneer Mort, 178 B.R. 222, 226 (9th Cir. BAP 1995), aff’d, 91 F.3d 151 (9th Cir. 1996) (quoting Allegheny Int’l, 954 F.2d at 173-74). The ultimate burden of persuasion remains at all times on the claimant. See Lundell, 223 F.3d at 1039; see also Holm, 931 F.2d at 623.

11:00 AM

CONT...


Luis Fernando Narvaez Escoto


Chapter 13

ANALYSIS:


11 U.S.C. § 502(b)(1) (2005) states:


  1. Except as provided in subsections (e)(2), (f), (g), (h) and (i) of this section, if such objection to a claim is made, the court, after notice and a hearing, shall determine the amount of such claim in lawful currency of the United States as of the date of the filing of the petition, and shall allow such claim in such amount, except to the extent that—


    1. such claim is unenforceable against the debtor and property of the debtor, under any agreement or applicable law for a reason other than because such claim is contingent or unmatured;


Here, it does not appear that Creditors are the property party to assert a claim for the unpaid taxes. While Creditors may have some sort of right of indemnification pursuant to the deed of trust, the filing of Claim 2 already assures Creditors that the amounts owing for unpaid taxes will be included in Debtor’s Chapter 13 plan, particularly since there is no evidence Creditors paid the taxes and Creditors have not pointed to language in the loan documents that the obligation has matured.


TENTATIVE RULING


The Court is inclined to SUSTAIN the objection, DISALLOWING arrears in Claim 3 to the extent the amounts are included in Claim 2.


APPEARANCES REQUIRED.

11:00 AM

CONT...


Debtor(s):


Luis Fernando Narvaez Escoto

Party Information


Chapter 13

Luis Fernando Narvaez Escoto Represented By Todd L Turoci

Movant(s):

Luis Fernando Narvaez Escoto Represented By Todd L Turoci

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11063


Luis Fernando Narvaez Escoto


Chapter 13


#12.00 CONT Confirmation of Chapter 13 Plan From: 4/30/20

Also #11 EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Luis Fernando Narvaez Escoto Represented By Todd L Turoci

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11085


Maria T. Acosta


Chapter 13


#13.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Maria T. Acosta Represented By Maria C Hehr

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11087


Ernesto Sandoval


Chapter 13


#14.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Ernesto Sandoval Represented By Jaime A Cuevas Jr.

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11092


Steven L. Lopez


Chapter 13


#15.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Steven L. Lopez Represented By Joselina L Medrano

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11113


Elsa R Diaz


Chapter 13


#16.00 Confirmation of Chapter 13 Plan EH      

Docket 0

*** VACATED *** REASON: CASE DISMISSED 3/19/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Elsa R Diaz Pro Se

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11139


Anthony Sanchez


Chapter 13


#17.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Anthony Sanchez Represented By Laleh Ensafi

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11140


Roberto Sanchez and Teresa Osorio Sanchez


Chapter 13


#18.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Roberto Sanchez Represented By Lauren M Foley

Joint Debtor(s):

Teresa Osorio Sanchez Represented By Lauren M Foley

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11146


Sergio L Valdez


Chapter 13


#19.00 Confirmation of Chapter 13 Plan EH      

Docket 0

*** VACATED *** REASON: CASE DISMISSED 3/3/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Sergio L Valdez Pro Se

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11162


Jose Luis Plascencia and Ana Veronica Plascencia


Chapter 13


#20.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jose Luis Plascencia Represented By

Raj T Wadhwani

Joint Debtor(s):

Ana Veronica Plascencia Represented By

Raj T Wadhwani

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11203


Eric M. Aune


Chapter 13


#21.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Eric M. Aune Represented By

Joselina L Medrano

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11251


Charles Boehmer and Tamy Boehmer


Chapter 13


#22.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Charles Boehmer Represented By Paul Y Lee

Joint Debtor(s):

Tamy Boehmer Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11253


Jennifer Isabella Solares


Chapter 13


#23.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jennifer Isabella Solares Represented By

Rabin J Pournazarian

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11285


Miguel Castro


Chapter 13


#24.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Miguel Castro Represented By Andrew Nguyen

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11291


Louis Halvas and Michelle Halvas


Chapter 13


#25.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Louis Halvas Represented By

Paul Y Lee

Joint Debtor(s):

Michelle Halvas Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11358


Stewart James Denningham


Chapter 13


#26.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Stewart James Denningham Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11381


Ramon Federico Hernandez


Chapter 13


#27.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Ramon Federico Hernandez Represented By Daniel King

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11396


Lea Nicole Orrrispress


Chapter 13


#28.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Lea Nicole Orrrispress Represented By Kevin Tang

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11412


Miesha T. Johnson


Chapter 13


#29.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Miesha T. Johnson Represented By Sundee M Teeple

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11434


Michele Marie Ruggieri


Chapter 13


#30.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Michele Marie Ruggieri Represented By Todd L Turoci

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11451


Joe Pielmeier


Chapter 13


#31.00 Confirmation of Chapter 13 Plan EH      

Docket 0

*** VACATED *** REASON: CASE DISMISSED 4/24/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Joe Pielmeier Represented By

Marcus Gomez

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11483


Christopher R. Stark and Anissa L. Stark


Chapter 13


#32.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Christopher R. Stark Represented By

M. Wayne Tucker

Joint Debtor(s):

Anissa L. Stark Represented By

M. Wayne Tucker

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11492


Jennifer Renee Espinoza


Chapter 13


#33.00 Confirmation of Chapter 13 Plan EH      

Docket 0

*** VACATED *** REASON: CASE DISMISSED 3/31/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jennifer Renee Espinoza Pro Se

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11501


Rebecca R Banuelos


Chapter 7


#34.00 Confirmation of Chapter 13 Plan EH      

Docket 0

*** VACATED *** REASON: CASE CONVERTED TO CHAPTER 7 ON 4/23/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rebecca R Banuelos Represented By Julie J Villalobos

Trustee(s):

Karl T Anderson (TR) Pro Se

11:00 AM

6:20-11507


Andrea Melissa Hughes


Chapter 13


#35.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Andrea Melissa Hughes Represented By Michael T Reid

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11508


Elvira Navarrete and Rafael Ojeda Navarrete


Chapter 13


#36.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Elvira Navarrete Represented By

Ramiro Flores Munoz

Joint Debtor(s):

Rafael Ojeda Navarrete Represented By

Ramiro Flores Munoz

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11511


Josephine Jaques


Chapter 13


#37.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Josephine Jaques Represented By Randolph R Ramirez

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11516


Thompson Harris Cooper, VI and Dawnetra Genene Cooper


Chapter 13


#38.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Thompson Harris Cooper VI Represented By Sundee M Teeple

Joint Debtor(s):

Dawnetra Genene Cooper Represented By Sundee M Teeple

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11573


Lorane L Luna


Chapter 13


#39.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Lorane L Luna Represented By Aaron Lloyd

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11621


Walter Hunter, Jr


Chapter 13


#40.00 Confirmation of Chapter 13 Plan


Also #90 EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Walter Hunter Jr Pro Se

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11625


Juan Rios


Chapter 13


#41.00 Motion to Disallow Claims Claim 1 Also #42

EH     


Docket 16

Tentative Ruling:

5/14/2020

BACKGROUND:

On February 28, 2020, Juan Rios ("Debtor") filed a Chapter 13 voluntary petition. On March 3, 2020, Cavalry Investments, LLC ("Creditor") filed a proof of claim for an unsecured claim in the amount of $7,595.19 ("Claim 1"). On April 3, 2020, Debtor filed an objection to Claim 1. Debtor argues that Claim 1 is barred by the statute of limitations. Creditor did not file any opposition.

APPLICABLE LAW:

Pursuant to 11 U.S.C. § 502(a), a proof of claim is deemed allowed unless a party in interest objects. Absent an objection, a proof of claim constitutes prima facie evidence of the validity and amount of the claim under Federal Rule of Bankruptcy Procedure ("FRBP") 3001(f). See Lundell v. Anchor Constr. Specialists, Inc., 223 F.3d 1035, 1039 (9th Cir. 2000). When a party files an objection to a proof of claim, that filing "creates a dispute which is a contested matter" within the meaning of FRBP 9014 and the Court must resolve the matter after notice and opportunity for hearing

11:00 AM

CONT...

Juan Rios

Chapter 13

upon a motion for relief. Id.


When a creditor has filed a proof of claim that complies with the rules (thereby giving rise to the presumption of validity), the burden shifts to the objecting party who must "present evidence to overcome the prima facie case." In re Medina, 205 B.R. 216, 222 (9th Cir. B.A.P. 1996). To defeat the claim, the objecting party must provide sufficient evidence and "show facts tending to defeat the claim by probative force equal to that of the allegations of the proofs of claim themselves." Lundell, 223 F.3d at 1039 (quoting In re Holm, 931 F.2d 620, 623 (9th Cir. 1991)). "The objector must produce evidence, which, if believed, would refute at least one of the allegations that is essential to the claim’s legal sufficiency." Lundell, 223 F.3d at 1040 (quoting In re Allegheny Int’l, Inc., 954 F.2d 167, 173-74 (3d Cir. 1992)). If the objecting party produces sufficient evidence to negate one or more of the sworn facts in the proof of claim, the burden reverts back to the claimant to prove the validity of the claim by a preponderance of the evidence. See In re Consol. Pioneer Mort, 178 B.R. 222, 226 (9th Cir. BAP 1995), aff’d, 91 F.3d 151 (9th Cir. 1996) (quoting Allegheny Int’l, 954 F.2d at 173-74). The ultimate burden of persuasion remains at all times on the claimant. See Lundell, 223 F.3d at 1039; see also Holm, 931 F.2d at 623.


ANALYSIS:


11 U.S.C. § 502(b)(1) (2005) states:


  1. Except as provided in subsections (e)(2), (f), (g), (h) and (i) of this section, if such objection to a claim is made, the court, after notice and a hearing, shall determine the amount of such claim in lawful currency of the United States as of the date of the filing of the petition, and shall allow such claim in such amount, except to the extent that—


    1. such claim is unenforceable against the debtor and property of the debtor, under any agreement or applicable law for a reason other than

11:00 AM

CONT...


Juan Rios

because such claim is contingent or unmatured;


Chapter 13


CAL. CODE CIV. P. § 337 (2016) provides a statute of limitations of four years for debts founded on written contracts, book accounts, accounts stated based upon account in writing, "balance of mutual, open and current account in writing," and rescission of written contract. Once the statute of limitations has passed, the claim is unenforceable. See e.g., Guaranty Trust Co. v. United States, 304 U.S. 126 (1938).


Claim 1 states that it is based upon an auto loan. Therefore, it appears that Claim 1 fits within the category established by CAL. CODE CIV. P. § 337, and that the statute of limitations is four years. The proof of claim identifies a charge off date of June 4, 1998. This is more than four years prior to the filing of the bankruptcy case, and, therefore, Claim 1 is unenforceable.


Additionally, the Court notes that Creditor has failed to oppose the claim objection, which the Court deems consent to the relief requested pursuant to Local Rule

9013-1(h).


TENTATIVE RULING


The Court is inclined to SUSTAIN the objection, DISALLOWING Claim 1 in its entirety.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


Party Information

11:00 AM

CONT...

Debtor(s):


Juan Rios


Chapter 13

Juan Rios Represented By

Dana Travis

Movant(s):

Juan Rios Represented By

Dana Travis Dana Travis Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11625


Juan Rios


Chapter 13


#42.00 Confirmation of Chapter 13 Plan


Also #41 EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Juan Rios Represented By

Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11639


Young Shin Kim


Chapter 13


#43.00 Confirmation of Chapter 13 Plan EH      

Docket 0

*** VACATED *** REASON: CASE DISMISSED 4/8/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Young Shin Kim Pro Se

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11660


Martin Servin


Chapter 13


#44.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Martin Servin Represented By Christopher J Langley

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11680


Edward Perez and Ellen Denise Perez


Chapter 13


#45.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Edward Perez Represented By Michael E Clark

Joint Debtor(s):

Ellen Denise Perez Represented By Michael E Clark

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11685


Joe Meraz and Rosanna Elizabeth Meraz


Chapter 13


#46.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Joe Meraz Represented By

Rabin J Pournazarian

Joint Debtor(s):

Rosanna Elizabeth Meraz Represented By

Rabin J Pournazarian

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11687


Joy T. Weedon


Chapter 13


#47.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Joy T. Weedon Represented By Clifford Bordeaux

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11739


Miguel A. Ruelas and Yizel I. Ruelas


Chapter 13


#48.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Miguel A. Ruelas Represented By Joseph A Weber Fritz J Firman

Joint Debtor(s):

Yizel I. Ruelas Represented By Joseph A Weber Fritz J Firman

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11766


Elsy G. Mejia


Chapter 13


#49.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Elsy G. Mejia Represented By

Maria C Hehr

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11770


Denise A Lemieux


Chapter 13


#50.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Denise A Lemieux Represented By Joselina L Medrano

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11777


Daniel Anthony Moral and Jennifer Rios


Chapter 13


#51.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Daniel Anthony Moral Represented By Kevin M Mahan

Joint Debtor(s):

Jennifer Rios Represented By

Kevin M Mahan

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11786


Paul Trevino


Chapter 13


#52.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Paul Trevino Represented By

Christopher J Langley

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11799


Erik L. Liebherr


Chapter 13


#53.00 Confirmation of Chapter 13 Plan EH      

Docket 0

*** VACATED *** REASON: CASE DISMISSED 3/31/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Erik L. Liebherr Represented By

Joseph Arthur Roberts

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11809


Jose Luis Vallejo


Chapter 13


#54.00 Confirmation of Chapter 13 Plan EH      

Docket 0

*** VACATED *** REASON: CASE DISMISSED 3/31/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jose Luis Vallejo Pro Se

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11827


Bianca C. Ramirez


Chapter 13


#55.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Bianca C. Ramirez Represented By Peter Recchia

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11836


Eleazar Jaime Ochoa and Evette Luz Ochoa


Chapter 13


#56.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Eleazar Jaime Ochoa Pro Se

Joint Debtor(s):

Evette Luz Ochoa Pro Se

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11872


Karen Ann Hurd


Chapter 13


#57.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Karen Ann Hurd Represented By Tom A Moore

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11883


Brenda M Rees


Chapter 13


#58.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Brenda M Rees Represented By

Rabin J Pournazarian

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11925


Ana D Munoz


Chapter 13


#59.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Ana D Munoz Represented By Anthony Wilaras

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11945


Kelley Jean Del Valle


Chapter 13


#60.00 Confirmation of Chapter 13 Plan EH      

Docket 0

*** VACATED *** REASON: CASE DISMISSED 5/4/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Kelley Jean Del Valle Represented By Solomon A Cheifer

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11946


Michelle Cadena Quinn


Chapter 13


#61.00 Motion to Avoid Junior Lien with Real-Time Resolutions/as agent for RRA CP Opportunity Trust 1


Also #62 EH     

Docket 19


Tentative Ruling:

5/14/2020


Service: Proper Opposition: None


The Court having reviewed the motion, notice appearing proper, no opposition having been filed, and good cause appearing, the Court is inclined to GRANT the motion, avoiding the junior lien that has recording number 2007-0375892, effective upon receipt of discharge.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

Debtor(s):

Michelle Cadena Quinn Represented By Steven A Alpert

Movant(s):

Michelle Cadena Quinn Represented By Steven A Alpert Steven A Alpert Steven A Alpert

11:00 AM

CONT...

Trustee(s):


Michelle Cadena Quinn


Chapter 13

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11946


Michelle Cadena Quinn


Chapter 13


#62.00 Confirmation of Chapter 13 Plan


Also #61 EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Michelle Cadena Quinn Represented By Steven A Alpert

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11956


Angela Helen Arias


Chapter 13


#63.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Angela Helen Arias Represented By Steven A Alpert

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-12009


Kristine Renee Strand


Chapter 7


#64.00 Confirmation of Chapter 13 Plan EH      

Docket 0

*** VACATED *** REASON: CASE CONVERTED TO CHAPTER 7 ON 3/24/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Kristine Renee Strand Represented By Christopher Hewitt

Trustee(s):

Todd A. Frealy (TR) Pro Se

11:00 AM

6:20-12027


Dana Edward Pettus and Andrea Lynn Doster


Chapter 13


#65.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Dana Edward Pettus Represented By

Raj T Wadhwani

Joint Debtor(s):

Andrea Lynn Doster Represented By

Raj T Wadhwani

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-12062


Francisco Javier Escareno


Chapter 13


#66.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Francisco Javier Escareno Represented By Brian J Soo-Hoo

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-12083


Jennifer Lynn Irelandalwine


Chapter 13


#67.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jennifer Lynn Irelandalwine Represented By Christopher Hewitt

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-12092


Loi Phuoc Au and Nancy O Sengdara-Au


Chapter 13


#68.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Loi Phuoc Au Represented By

Todd B Becker

Joint Debtor(s):

Nancy O Sengdara-Au Represented By Todd B Becker

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-12148


Bernice H Antunez


Chapter 13


#69.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Bernice H Antunez Represented By Daniel King

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:15-19432


Kirk Eugene Frantz and Mary Elizabeth Frantz


Chapter 13


#70.00 Trustee's Motion to Dismiss Case EH     

Docket 221


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Kirk Eugene Frantz Represented By Jenny L Doling

Joint Debtor(s):

Mary Elizabeth Frantz Represented By Jenny L Doling

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:16-14599


Brooke R Adams


Chapter 13


#71.00 Trustee's Motion to Dismiss Case EH     

Docket 77

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 4/28/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Brooke R Adams Represented By Lauren Rode

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:16-21234


Frank A Horzen and Barbara A Horzen


Chapter 13


#72.00 Trustee's Motion to Dismiss Case EH     

Docket 151

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 4/28/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Frank A Horzen Represented By Paul Y Lee

Joint Debtor(s):

Barbara A Horzen Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:17-11131


Bruce Howard Ruggles and Ann Marie Ruggles


Chapter 13


#73.00 Trustee's Motion to Dismiss Case EH     

Docket 157

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 5/13/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Bruce Howard Ruggles Represented By John F Brady

Joint Debtor(s):

Ann Marie Ruggles Represented By John F Brady

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:17-12647


Joseph V. Lessa and Nichole Alyce Lessa


Chapter 13


#74.00 Trustee's Motion to Dismiss Case EH     

Docket 72

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 5/13/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Joseph V. Lessa Represented By Paul Y Lee

Joint Debtor(s):

Nichole Alyce Lessa Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:17-14923


Gilberto Martinez Villa


Chapter 13


#75.00 Trustee's Motion to Dismiss Case EH     

Docket 36


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Gilberto Martinez Villa Represented By Jaime A Cuevas Jr.

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:17-16542


Mike A. Granados, Jr. and Carolynne Jeannette Granados


Chapter 13


#76.00 CONT Trustee's Motion to Dismiss Case From: 4/30/20

EH     


Docket 66

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 5/11/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mike A. Granados Jr. Represented By Gregory M Shanfeld

Joint Debtor(s):

Carolynne Jeannette Granados Represented By Gregory M Shanfeld

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:17-20117


Tiffany Venice Turner


Chapter 13


#77.00 Trustee's Motion to Dismiss Case EH     

Docket 42

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 5/11/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Tiffany Venice Turner Represented By Daniel King

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:18-13335


Annabelle M. Vigil


Chapter 13


#78.00 CONT Trustee's Motion to Dismiss Case From: 4/16/20

EH     


Docket 87

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 5/11/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Annabelle M. Vigil Represented By Christopher J Langley Michael Smith

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:18-16643


Jesus N Aguilera


Chapter 13


#79.00 Trustee's Motion to Dismiss Case EH     

Docket 60

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 5/13/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jesus N Aguilera Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:18-20002


Tanyua Alicia Gates-Holmes


Chapter 13


#80.00 CONT Trustee's Motion to Dismiss Case From: 4/30/20

EH     


Docket 83


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Tanyua Alicia Gates-Holmes Represented By John F Brady

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:18-20547


Tawnie L Vanderham


Chapter 13


#81.00 Trustee's Motion to Dismiss Case EH     

Docket 98


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Tawnie L Vanderham Represented By Benjamin R Heston

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-11710


Heather Ann Pessoa Bond


Chapter 13


#82.00 Trustee's Motion to Dismiss Case EH     

Docket 106


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Heather Ann Pessoa Bond Represented By Matthew D. Resnik

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-14847


Phonmany Phengphavong


Chapter 13


#83.00 CONT Trustee's Motion to Dismiss Case From: 4/2/20, 4/30/20

EH     


Docket 33

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 5/11/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Phonmany Phengphavong Represented By Todd L Turoci

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-16560


Orlando Soriano and Veronica Vera-Soriano


Chapter 13


#84.00 CONT Trustee's Motion to Dismiss Case From: 4/30/20

EH     


Docket 40


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Orlando Soriano Represented By

James D. Hornbuckle

Joint Debtor(s):

Veronica Vera-Soriano Represented By

James D. Hornbuckle

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-17838


Albert E. Abdou


Chapter 13


#85.00 Trustee's Motion to Dismiss Case EH     

Docket 27


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Albert E. Abdou Represented By Keith Q Nguyen

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-18761


Alejandro E. Penaloza and Maria G. Penaloza


Chapter 13


#86.00 CONT Trustee's Motion to Dismiss Case From: 4/30/20

EH     


Docket 38


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Alejandro E. Penaloza Represented By Sundee M Teeple

Joint Debtor(s):

Maria G. Penaloza Represented By Sundee M Teeple

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-19422


Eugenio Giuseppe Mannella


Chapter 13


#87.00 CONT Trustee's Motion to Dismiss Case From: 4/16/20

EH     


Docket 39


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Eugenio Giuseppe Mannella Represented By Suzette Douglas

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-19823


David Anthony Meisland


Chapter 13


#88.00 Trustee's Motion to Dismiss Case EH     

Docket 50


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

David Anthony Meisland Represented By Marc A Duxbury

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-20463


Christopher Monroe and Aysheh Spicer


Chapter 13


#89.00 Trustee's Motion to Dismiss Case EH     

Docket 33

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 5/13/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Christopher Monroe Represented By Paul Y Lee

Joint Debtor(s):

Aysheh Spicer Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

12:30 PM

6:20-11621


Walter Hunter, Jr


Chapter 13


#90.00 Order to show cause re dismissal for failure to comply with rule 1006(B) installments

(Debtor paid $150.00 on 4/22/20 still short $10.00 for final payment)


Also #40 EH     

Docket 25

*** VACATED *** REASON: FEES PAID ON 4/29/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Walter Hunter Jr Pro Se

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:10-20626


Irma Cantu


Chapter 13

Adv#: 6:17-01057 Cantu v. Ocwen Loan Servicing, LLC et al


#91.00 CONT Status Conference RE: [1] Adversary case 6:17-ap-01057. Complaint by Irma Cantu against Ocwen Loan Servicing, LLC. (Fee Not Required). Nature of Suit: (21 (Validity, priority or extent of lien or other interest in property)),(65 (Dischargeability - other)),(72 (Injunctive relief - other)) (Cravens, Leonard)


From: 11/15/18, 6/6/19, 10/18/19, 12/19/19, 1/30/20, 4/23/20, 4/30/20


EH     


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Irma Cantu Represented By

Leonard J Cravens

Defendant(s):

Ocwen Loan Servicing, LLC Represented By Adam N Barasch

Ocwen Loan Servicing, LLC Represented By Adam N Barasch

Plaintiff(s):

Irma Cantu Represented By

Leonard J Cravens

Trustee(s):

Rod (MJ) Danielson (TR) Pro Se

2:00 PM

6:17-12149


Irma Dalia Cantu


Chapter 13


#92.00 CONT Debtor's Motion for Order Disallowing Claim no 1-1 filed by Ocwen Loan Servicing, LLC

(HOLDING DATE)


From: 6/4/18, 8/30/18, 11/15/18, 6/6/19, 10/17/19, 12/19/19, 1/30/20, 4/23/20, 4/30/20


EH     


Docket 24


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Irma Dalia Cantu Represented By Leonard J Cravens

Movant(s):

Irma Dalia Cantu Represented By Leonard J Cravens Leonard J Cravens

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:18-18374


Mariama T Jobe


Chapter 7


#1.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 8118 Orchid Drive Corona, CA 92880


MOVANT: U.S. BANK NATIONAL ASSOCIATION


EH     


Docket 83

Tentative Ruling: Tentative Ruling:

Service: Proper Opposition: None


4/19/20


On October 3, 2018 ("Petition Date"), Mariam T. Jobe (hereinafter "Debtor") filed a Chapter 13 voluntary petition. In her commencement documents, Debtor listed her residence at 8118 Orchid Dr., Corona, CA 92880 (hereinafter the "Property") and secured by Wells Fargo Home Mortgage. On February 4, 2020, Debtor’s petition was changed to a Chapter 7 petition.


On April 22, 2020, U.S. Bank, National Association, as trustee for Citigroup Mortgage Loan Trust 2006-WFHE2, Asset Backed Pass-Through Certificates, Series 2006-WFHE2 (hereinafter "U.S. Bank") filed this

motion for relief from stay pursuant to 11 U.S.C. §§ 362(d)(1) and 362(d)(2) regard to the Property.


To attain relief from stay under 11. U.S.C §362(d)(1) "cause" must be shown. U.S. Bank claims that there is a lack of adequate protection of its interest in its property. Adequate protection is intended to compensate a secured creditor whose collateral declines in value while it is in the possession of, and being used by, a…debtor."

11:00 AM

CONT...


Mariama T Jobe


Chapter 7

People’s Capital& Leasing Corp. v. Big3d, Inc., 438 B.R. 214, 220 (B.A.P. 9th Cir. 2010).


By providing Deed of Trust, Corporate Assignment of Deed of Trust, Loan Modification Agreement, U.S. Bank has shown neither is there any equity nor is its interest adequately protected. In re Gauvin, 24 B.R. 578, 580 (B.A.P. 9th Cir. 1982).


To receive relief under 11 U.S.C. § 362(d)(2), both elements— (1) debtor has no equity in the property and (2) property is not necessary for an effective organization— must be met. 3 Collier on Bankruptcy ¶ 362.07[4] (Richard Levin & Henry J. Sommer eds., 16th ed.). U.S. Bank has provided evidence that Debtor does not have any equity in the property.


The burden now shifts to the opposing party, the Debtor, to show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1). 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.). Debtor also has the burden of proving that the property at issue is necessary to an effective organization. 11 U.S.C. § 362(g).


Debtor has not opposed the motion. Thus, she has not met her burden. Pursuant to LBR 9013-1(h), if a party does not timely file and serve documents, the Court may deem this lack of action to be consent to the granting or denial of the motion. Thus, the Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. §§ 362(d)(1) and 362(d)(2). GRANT relief from Rule 4001(a)(3) stay. Grant relief from ¶¶ 2 and 3. Debtor is a borrower as defined in Cal. Civ. Code § 2920.5(c)(2)(c).


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


Party Information

Debtor(s):

Mariama T Jobe Represented By Gary S Saunders

11:00 AM

CONT...

Movant(s):


Mariama T Jobe


Chapter 7

U.S. Bank National Association, as Represented By

Nancy L Lee

Trustee(s):

Robert Whitmore (TR) Pro Se

11:00 AM

6:19-12408


INNOCENTI, LLC


Chapter 7


#2.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 29941 VACATION DRIVE, CANYON LAKE, CA 92587


MOVANT : STEARNS LENDING LLC


CASE DISMISSED 6/20/19 REOPENED 3/9/20


EH     


Docket 55

Tentative Ruling: Tentative Ruling:

5/19/20


Service: Proper Opposition: None


On March 25, 2019 ("Petition Date"), Innocenti, LLC (hereinafter "Debtor") formerly doing business as Atlantic Funding and Medallion Capital Financial filed a Chapter 7 voluntary petition. Debtor did not list the property located at 29941 Vacation Drive, Canyon Lake, CA 92587 (hereinafter the "Property") in its commencement documents.


Prior to the filing of this petition, Stearns Lending, LLC (hereinafter "Stearns Lending"), on August 26, 2014, signed an agreement with Jonathan Guillen and Sammantha Guillen to lend them money to buy the Property. Dkt. No. 55, Ex. 1. The agreement clearly states that Deed of Trust is "not assumable without the approval of the department of Veterans Affairs or its authorized agent." Id. On November 27, 2017, Sammantha Guillen filed a Chapter 7 petition. 6:17-bk-19777-SC. She included the Property in her commencement document. Id. at Dkt. No. 8. While her petition

11:00 AM

CONT...


INNOCENTI, LLC


Chapter 7

was proceeding, Stearns Lending claims that Jonathan and Sammantha Guillen become delinquent on their mortgage payments. Dkt. No. 55, Pg. 12.


On March 1, 2017, before attaining a discharge, Sammantha Guillen and Jonathan Guillen granted the deed to Wounded Warriors of America a California Corporation (hereinafter "Wounded Warriors"). Id. at Ex. 6. It appears that no approvable from the department of Veterans Affairs nor its authorized agent was given. Id.


On March 20, 2018, Wounded Warriors transferred fifty percent of its interest to Irene Garcia without consideration. Id. at Ex. 8. On July 15, 2018, Wounded Warrior then transferred its interest of the Property to Medallion Capital Financial via Deed of Trust. Id. at Ex.7. On March 15, 2019, Debtor filed this petition. Stearns Lending recorded a Notice of Sale on June 11, 2019 for the Property. On July 25, 2020, Debtor’s case was closed because it failed to attend the 11 U.S.C. § 341(a) meeting of the creditors. Dkt. No. 49.


On July 8, 2019, Lloyd Furman Harris, doing business as Medallion Capital Financial, filed a Chapter 7 petition. 1:19-bk-11678. Lloyd Furman Harris’ case was dismissed and later closed on September 17, 2019, because he failed to appear at the 11 U.S.C. § 341(a) meeting of the creditors. Id.


On September 5, 2019, Tom Boy Farms doing business as Medallion Capital Financial and Atlantic Funding filed a Chapter 7 petition. 1:19-bk-12229. An individual named Raul Aguila filed Tom Boy Farms’ case. Dkt. No. 55, Ex. 11. An order (1) dismissing Chapter 7 Case with a 180-day bar to refiling by Raul Aguila or doing business as Medallion Capital Financial and Atlantic Funding, (2) annulling the automatic stay, and (3) regarding the automatic stay will not apply to property described as West Hills Property was entered on October 4, 2019. Id.


On October 8, 2019, Stearns Lending, claiming it had no prior notice of this bankruptcy filing, proceed with a sale because it alleges that Debtor had been delinquent, totaling $97,227.94, since April 1, 2017. Dkt. No. 55, Pg. 12. On October 24, 2019, the Trustee’s Deed Upon Sale was recorded with the County of Riverside. Stearns Lending, on March 9, 2020, filed a motion to reopen this petition to file this motion for relief from stay. Stearns Lending has requested a relief from stay under 11

U.S.C. §§ 362(d)(1) and 362(d)(2), in rem relief under 11 U.S.C. § 362(d)(4), and

11:00 AM

CONT...


INNOCENTI, LLC


Chapter 7

annulment of the stay to validate the Notice of Sale and the foreclosure sale.


Stearns Lending listed several unauthorized, executed deeds. The several bankruptcy filings were numerous and lacked any reasonable attempt to attain a discharge. They were all dismissed except for one. Thus, the court finds that the Debtor’s petition was part of a scheme used to delay or hinder Stearns Lending by extending the protection of the automatic stay to the Property.


The facts of this case give enough weight to warrant retroactive annulment of the stay:

  1. the number of filings; (2) circumstances indicate an intention to delay and hinder creditors; (3) Stearns Lending did not know of the stay, (4) Stearns Lending, after learning of the stay, took steps not to violate the stay; (5) and stay relief will promote judicial economy. In re: Oya, 2019 Bankr. Lexis 3303 (B.A.P. 9th Cir. 2019).


    Based on the multiple bankruptcy filings and unauthorized transfers of interest in the property, the Court is inclined to GRANT the motion in its entirety, including annulment and relief from stay pursuant to 11 U.S.C. § 362(d)(4) and GRANT relief from Rule 4001(a)(3) stay.


    APPEARANCES REQUIRED.



    Party Information

    Debtor(s):

    INNOCENTI, LLC Represented By Rhonda Walker

    Movant(s):

    Stearns Lending, LLC Represented By

    Erin M McCartney

    Trustee(s):

    Charles W Daff (TR) Pro Se

    11:00 AM

    6:19-16544


    Rudy Michael Castillo and Monica Michelle Castillo


    Chapter 13


    #3.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 6069 Rogers Lane, San Bernardino Area, CA 92404


    MOVANT: WELLS FARGO BANK N.A.


    EH     


    Docket 38

    *** VACATED *** REASON: ORDER ENTERED 5/8/20

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Rudy Michael Castillo Represented By Nicholas M Wajda

    Joint Debtor(s):

    Monica Michelle Castillo Represented By Nicholas M Wajda

    Movant(s):

    Wells Fargo Bank, N.A. Represented By Nancy L Lee

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:19-18003


    Ruben Macias and Carmen Macias


    Chapter 13


    #4.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 35212 Momat Ave, Wildomar, California 92595


    MOVANT: U.S. BANK NATIONAL ASSOCIATION


    EH     


    Docket 38

    Tentative Ruling: Tentative Ruling:

    5/19/20


    Service: Proper Opposition: Debtor


    To attain relief from stay under 11. U.S.C §362(d)(1) "cause" must be shown. U.S. Bank National Association (hereinafter "U.S. Bank") claims that post-petition post- confirmation mortgage payments due have not been made by the Debtors. "The failure, however, of a debtor to tender post-petition payments to a mortgagee does not mean that the secured creditor must be granted relief from the stay…Evidence of a post-petition delinquency only means that the debtor must then come forward with evidence demonstrating that the mortgagee’s secured interest is adequately protected." In re Middleton Place Assocs., 1993 Bankr. Lexis 2171, *28-*29 (Bankr. E.D. PA, 1993).


    Debtors must show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1).


    Debtors have opposed the motion. Debtors state that "they were ill and fell behind in

    11:00 AM

    CONT...


    Ruben Macias and Carmen Macias


    Chapter 13

    payments." Dkt. No. 40, Decl. of Atorney[sic] of Debtor. They have been trying to bring the account current ever since. Id. They have made one payment on April 24, 2020 and another two payments on May 2, 2020. Id. Debtors are requesting that U.S. Bank either withdraw its motion or agree to stay current adequate protection agreement.


    Parties are to update the Court on the status of adequate protection discussions.


    APPEARANCES REQUIRED.


    Party Information

    Debtor(s):

    Ruben Macias Represented By Dana Travis

    Joint Debtor(s):

    Carmen Macias Represented By Dana Travis

    Movant(s):

    U.S. Bank National Association Represented By Robert P Zahradka

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:19-18372


    Margarito Horta


    Chapter 13


    #5.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 8687 Yuba Road, Phelan, CA 92371


    MOVANT: CENLAR FSB


    EH     


    Docket 35

    Tentative Ruling: Tentative Ruling:

    5/19/20


    Service: Proper Opposition: None


    To attain relief from stay under 11. U.S.C §362(d)(1) "cause" must be shown. Censlar FSB as servicer for CitiMortgage, Inc. (hereinafter "Cen FSB") claims that post- petition preconfirmation and post-petition post-confirmation mortgage payments due have not been made by the Debtor. "The failure, however, of a debtor to tender post- petition payments to a mortgagee does not mean that the secured creditor must be granted relief from the stay…Evidence of a post-petition delinquency only means that the debtor must then come forward with evidence demonstrating that the mortgagee’s secured interest is adequately protected." In re Middleton Place Assocs., 1993 Bankr. Lexis 2171, *28-*29 (Bankr. E.D. PA, 1993).


    Debtor must show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1).


    Debtor has not opposed the motion. Thus, she has not met her burden. Pursuant to LBR 9013-1(h), if a party does not timely file and serve documents, the Court may

    11:00 AM

    CONT...


    Margarito Horta


    Chapter 13

    deem this lack of action to be consent to the granting or denial of the motion. Thus, the Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. §§ 362(d)(1). GRANT relief from Rule 4001(a)(3) stay. Grant relief from ¶¶ 2 and 3. Grant relief from the Co-debtor stay pursuant to 11 U.S.C. § 1301(a).


    APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


    Party Information

    Debtor(s):

    Margarito Horta Represented By

    James D. Hornbuckle

    Movant(s):

    Cenlar FSB as servicer for Represented By Nancy L Lee

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:19-19391


    Florence Marie Rodriguez


    Chapter 13


    #6.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 29212 Mesa Crest Way, Menifee, CA 92584


    MOVANT: U.S. BANK NATIONAL ASSOCIATION


    EH     


    Docket 35

    Tentative Ruling: Tentative Ruling:

    5/19/20


    Service: Proper Opposition: None


    To attain relief from stay under 11. U.S.C § 362(d)(1) "cause" must be shown. U.S. Bank, National Association (hereinafter "U.S. Bank"), as trustee on behalf of the holders of the Citigroup Mortgage Loan Trust Inc. Asset-Backed Pass-Through Certificates, Series 20070-OPX, claims that post-petition post-confirmation mortgage payments due have not been made by the Debtor. "The failure, however, of a debtor to tender post-petition payments to a mortgagee does not mean that the secured creditor must be granted relief from the stay…Evidence of a post-petition delinquency only means that the debtor must then come forward with evidence demonstrating that the mortgagee’s secured interest is adequately protected." In re Middleton Place Assocs., 1993 Bankr. Lexis 2171, *28-*29 (Bankr. E.D. PA, 1993).


    Debtor must show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1).

    11:00 AM

    CONT...


    Florence Marie Rodriguez


    Chapter 13

    Debtor has not opposed the motion. Thus, she has not met her burden. Pursuant to LBR 9013-1(h), if a party does not timely file and serve documents, the Court may deem this lack of action to be consent to the granting or denial of the motion. Thus, the Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. §§ 362(d)(1). GRANT relief from Rule 4001(a)(3) stay. Grant relief pursuant to ¶¶ 2 and 3. Co- debtor stay pursuant to 11. U.S.C. § 1301 is terminated.


    APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


    Party Information

    Debtor(s):

    Florence Marie Rodriguez Represented By Steven A Alpert

    Movant(s):

    U.S. Bank National Association as Represented By

    Nancy L Lee Joseph C Delmotte

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:20-10597


    Saverio Sam Lanni


    Chapter 7


    #7.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1501, 1520, 1600, 1611 and 1900 Eagle Creek Loop and 72521 State Highway 3, Trinity Center, Trinity County, CA 96091


    MOVANT: REPROP INVESTMENTS, INC


    EH     


    Docket 47

    Tentative Ruling: Tentative Ruling:

    5/19/20


    Service: Shortened Notice Opposition: Debtor


    On January 26, 2020 ("Petition Date"), Saverio Sam Lanni (hereinafter "Debtor") filed a Chapter 7 voluntary petition. In her commencement documents, Debtor did not list the property located at 1501, 1510, 1600, 1611, and 1900 Eagle Creek Loop and 72521 State Highway 3, Trinity Center, Trinity County, California 96091 also known as Trinity County Assessor Parcel Numbers 0004-120-19, 004-120-20, 004-390-08, and 004-390-20 (hereinafter the "Property").


    On April 4, 2020, ReProp Investments, Inc. (hereinafter "ReProp") filed a relief from stay motion on shortened notice, claiming Debtor, without indication of court approval, executed a Deed of Trust in January 2020 on the behalf of Feeling Groovy at Eagle Creek Ranch, LLC. Dkt. No. 47. Decl. of Dustin E. Owens in Support of Motion for Relief from the Automatic Stay. Alleging Debtor’s act was done in bad faith and as a part of a scheme to delay, hinder or defraud it, ReProp seeks in rem relief in addition to relief from stay for the Property. Id.

    11:00 AM

    CONT...


    Saverio Sam Lanni


    Chapter 7

    ReProp provided the Deed of Trust, Security Agreement, Assignment of Leases and Rents and Fixture Financing Statement. Id. ReProp has shown neither is there any equity nor is its interest adequately protected. In re Gauvin, 24 B.R. 578, 580 (B.A.P. 9th Cir. 1982); see also 11 U.S.C § 362(d)(1).


    To receive relief under 11 U.S.C. § 362(d), both elements— (1) debtor has no equity in the property and (2) property is not necessary for an effective organization—must be met. 3 Collier on Bankruptcy ¶ 362.07[4] (Richard Levin & Henry J. Sommer eds., 16th ed.). ReProp has provided evidence that Debtor does not have any equity in the property.


    The burden now shifts to the opposing party, the Debtor, to show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1). 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.). Debtor also has the burden of proving that the property at issue is necessary to an effective organization. 11 U.S.C. § 362(g). Debtor has not opposed the motion.


    Because a Chapter 7 proceeding does not involve a reorganization, it is generally presumed that the second condition under 11 U.S.C. § 362(d)(2)(B) is met in a Chapter 7 proceeding." In re Williamson, 2009 Bankr. Lexis 5571, *5 (Bankr. S.D. Ga. 2009). Thus, the Court is inclined to GRANT relief from stay pursuant to 11

    U.S.C. §§ 362(d)(1) and 362(d)(2). GRANT relief from Rule 4001(a)(3) stay. GRANT request under ¶ 2. GRANT the request from relief pursuant to 11 U.S.C. § 362(d)(4) based on multiple bankruptcy filings affecting the Property.


    APPEARANCES REQUIRED.


    Party Information

    Debtor(s):

    Saverio Sam Lanni Represented By Kevin C Ronk Laura J Portillo

    11:00 AM

    CONT...

    Movant(s):


    Saverio Sam Lanni


    Chapter 7

    ReProp Investments Inc. Represented By Dustin E Owens

    Trustee(s):

    Steven M Speier (TR) Pro Se

    11:00 AM

    6:20-11978


    Robert Joseph Slapp, III


    Chapter 13


    #8.00 CONT Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate 34119 Galleron St., Temecula, CA 92592


    MOVANT: ROBERT JOSEPH SLAPP, III


    From: 4/14/20, 4/28/20 EH     

    Docket 15


    Tentative Ruling:

    4/14/2020


    Service: Proper Opposition: None


    In this case, a statutory presumption of bad faith arises pursuant to11

    U.S.C. § 362(c)(4)(D)(i)(I)-(II) because Debtor had (a) three bankruptcy cases dismissed in the previous year; and (b) had a case dismissed for failure to file requirement documents. Section 362(c)(4)

    (D) requires that the statutory presumption of bad faith be rebutted by "clear and convincing evidence." Here, the evidence submitted to the Court merely implies that Debtor has a higher paying job now, without any detail describing the change in Debtor’s financial circumstances. As a result, the Court is inclined to CONTINUE the matter for Debtor to provide supplemental evidence.


    APPEARANCES REQUIRED.

    Party Information

    Debtor(s):

    Robert Joseph Slapp III Represented By

    11:00 AM

    CONT...


    Movant(s):


    Robert Joseph Slapp, III


    Nicholas M Wajda


    Chapter 13

    Robert Joseph Slapp III Represented By Nicholas M Wajda Nicholas M Wajda

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:20-12883


    Rudy Antonio Cifuentes and Blanca Yolanda Cifuentes


    Chapter 7


    #9.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2017 Honda Cr-V, VIN: 2HKR W5H3 8HH4 00890


    MOVANT: HONDA LEASE TRUST


    EH     


    Docket 8

    Tentative Ruling: Tentative Ruling:

    5/19/20


    Service: Proper Opposition: None


    To attain relief from stay under 11. U.S.C §362(d)(1) "cause" must be shown. Honda Lease Trust (hereinafter "Honda") claims that there is a lack of adequate protection of its interest in its property. Adequate protection is intended to compensate a secured creditor whose collateral declines in value while it is in the possession of, and being used by, a…debtor." People’s Capital& Leasing Corp. v. Big3d, Inc., 438 B.R. 214, 220 (B.A.P. 9th Cir. 2010).


    By providing the Certificate of Title, Lease Agreement, NADA Guides Value Report, and the Statement of Intention, Honda has shown neither is there any equity nor is its interest adequately protected. In re Gauvin, 24 B.R. 578, 580 (B.A.P. 9th Cir. 1982).


    To receive relief under 11 U.S.C. § 362(d)(2), both elements— (1) debtors have no equity in the property and (2) property is not necessary for an effective organization—

    11:00 AM

    CONT...


    Rudy Antonio Cifuentes and Blanca Yolanda Cifuentes


    Chapter 7

    must be met. 3 Collier on Bankruptcy ¶ 362.07[4] (Richard Levin & Henry J. Sommer eds., 16th ed.). Honda has provided evidence that Debtors do not have any equity in the property.


    The burden now shifts to the opposing party, the Debtors, to show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1). 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.). Debtors also have the burden of proving that the property at issue is necessary to an effective organization. 11 U.S.C. § 362(g). Debtors have not opposed the motion.


    Because a Chapter 7 proceeding does not involve a reorganization, it is generally presumed that the second condition under 11 U.S.C. § 362(d)(2)(B) is met in a Chapter 7 proceeding." In re Williamson, 2009 Bankr. Lexis 5571, *5 (Bankr. S.D. Ga. 2009). The Court notes that the Trustee has within sixty days after the petition to assume the less. 11 U.S.C. §365(d). Nonetheless, because the Trustee did not object to the motion and the Debtors have stated their intent to reject the lease, the Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. §§ 362(d)(1) and 362(d)(2). GRANT relief from Rule 4001(a)(3) stay. GRANT request under ¶ 2. DENY request under ¶ 11 as moot.


    APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.



    Party Information

    Debtor(s):

    Rudy Antonio Cifuentes Represented By Marlin Branstetter

    Joint Debtor(s):

    Blanca Yolanda Cifuentes Represented By Marlin Branstetter

    11:00 AM

    CONT...

    Movant(s):


    Rudy Antonio Cifuentes and Blanca Yolanda Cifuentes


    Chapter 7

    Honda Lease Trust Represented By Vincent V Frounjian

    Trustee(s):

    Charles W Daff (TR) Pro Se

    12:00 PM

    6:20-13390


    Dennis Lapid


    Chapter 7


    #10.00 Application for waiver of filing fees EH     

    Docket 5


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Dennis Lapid Pro Se

    Movant(s):

    Dennis Lapid Pro Se

    Trustee(s):

    Todd A. Frealy (TR) Pro Se

    11:00 AM

    6:20-12212


    Juan Vargas and Anabely Vargas


    Chapter 7


    #1.00 Motion to Seal Document. Motion to Redact, Strike or Seal Exhibits to Proof of Claim No. 1-1


    EH     


    Docket 11


    Tentative Ruling:

    5/26/2020


    Service: Proper Opposition: None


    Having reviewed the motion, and good cause appearing, the Court will GRANT the motion.


    APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

    Party Information

    Debtor(s):

    Juan Vargas Represented By

    Todd L Turoci

    Joint Debtor(s):

    Anabely Vargas Represented By Todd L Turoci

    Movant(s):

    BMO HARRIS BANK N.A. Represented By

    Raffi Khatchadourian

    Trustee(s):

    Lynda T. Bui (TR) Pro Se

    2:00 PM

    6:19-12225


    Nathaniel James Cardiel


    Chapter 7

    Adv#: 6:19-01135 O'Gara Coach Company, LLC v. Cardiel


    #2.00 CONT Status Conference RE: [1] Adversary case 6:19-ap-01135. Complaint by O'Gara Coach Company, LLC against Nathaniel James Cardiel. false pretenses, false representation, actual fraud)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)),(65 (Dischargeability - other)),(41 (Objection / revocation of discharge - 727(c),(d),(e))) (Polis, Thomas)


    From: 12/11/19 EH     

    Docket 1


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Nathaniel James Cardiel Represented By Sevan Gorginian

    Defendant(s):

    Nathaniel James Cardiel Pro Se

    Plaintiff(s):

    O'Gara Coach Company, LLC Represented By Thomas J Polis

    Trustee(s):

    Howard B Grobstein (TR) Pro Se

    2:00 PM

    6:17-18617


    Christy Carmen Hammond


    Chapter 7

    Adv#: 6:19-01144 Whitmore v. Hammond


    #3.00 CONT Status Conference RE: [1] Adversary case 6:19-ap-01144. Complaint by Robert S. Whitmore against Kenneth Hammond. (Charge To Estate) $350.00 (Attachments: # 1 Adversary Proceeding Cover Sheet # 2 Unexecuted Summons) Nature of Suit: (11 (Recovery of money/property - 542 turnover of property)),(31 (Approval of sale of property of estate and of a co-owner - 363(h))),(91 (Declaratory judgment))


    From: 12/18/19 EH         

    Docket 1


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Christy Carmen Hammond Represented By Eric C Morris

    Defendant(s):

    Kenneth Hammond Pro Se

    Plaintiff(s):

    Robert S. Whitmore Represented By Douglas A Plazak

    Trustee(s):

    Robert Whitmore (TR) Represented By Douglas A Plazak

    2:00 PM

    6:17-18617


    Christy Carmen Hammond


    Chapter 7


    #4.00 CONT Motion for Order Compelling Debtor to Vacate and Turnover Real Property


    From: 11/13/19, 12/18/19 Also #5

    EH         


    Docket 40

    Tentative Ruling:

    11/13/19

    BACKGROUND


    On October 16, 2017, Christy Hammond ("Debtor") filed a Chapter 7 voluntary petition. Among the assets of the estate is certain real property located at 5918 Ridgegate Dr., Chino Hills, CA 91709 (the "Property"). On January 29, 2018, Debtor obtained a discharge.


    On April 23, 2018, the Chapter 7 Trustee filed a notice of assets, subsequently employing an attorney, and a real estate broker. Debtor opposed Trustee’s request to hold a real estate broker, and the Court approved the application after a hearing held on March 27, 2019.


    On October 16, 2019, Trustee filed (1) a motion for turnover of property (the "Motion"); and (2) an adversary complaint against Kenneth Hammond seeking turnover of property from Debtor’s non-filing spouse. The Motion requests that the

    2:00 PM

    CONT...


    Christy Carmen Hammond


    Chapter 7

    Court order the occupants to vacate the Property within twenty days, while outlining certain permitted actions in the event that the occupants do not timely vacate the Property.


    On October 30, 2019, Debtor filed her opposition to the Motion. Debtor’s primary argument is that administration of the Property will not produce a consequential benefit to the estate. According to Trustee, the value of the Property is

    $600,000-$615,000, the Property is encumbered by security interests totaling

    $402,000, Debtor claimed a homestead exemption in the amount of $100,000, and costs of sale/repairs would total $63,000. These figures would produce nonexempt equity in the range of $35,000 to $50,000. In Debtor’s opposition she asserts that Trustee understates the needed repairs by $52,960. Debtor also contends that Trustee overstates the fair market value of the Property by $50,000-$65,000. Finally, Debtor has increased her homestead exemption from $100,000 to $175,000 pursuant to an amended Schedule C filed October 30, 2019 [Dkt. No. 44]. Debtor also raises various procedural and equitable arguments in her opposition.


    On November 6, 2019, Trustee filed a reply. Of particular note is that Trustee states that it will file an objection to Debtor’s amended homestead exemption.


    DISCUSSION



    11 U.S.C. § 542(a) states:


    Except as provided in subsection (c) or (d) of this section, an entity, other than a custodian, in possession, custody, or control, during the case, of property that the trustee may use, sell, or lease under section 363 of this title, or that the debtor may exempt under section 522 of this title, shall deliver to the trustee, and account for, such property or the value of such property, unless such property is of inconsequential value or benefit to the estate.

    2:00 PM

    CONT...


    Christy Carmen Hammond


    Chapter 7


    The standard for a turnover action is well established:


    "To prevail in a turnover action under § 542, the party seeking turnover must establish (1) that the property is or was in the possession, custody or control of an entity during the pendency of the case, (2) that the property may be used by the trustee in accordance with § 363 or exempted by the debtor under § 522; and (3) that the property has more than inconsequential value or benefit to the estate."


    In re Bailey, 380 B.R. 486, 490 (B.A.P. 6th Cir. 2008); see also In re Newman, 487

    B.R. 193 (B.A.P. 9th Cir. 2013). Here, the parties dispute the third prong of the turnover standard identified above.


    The Court need not address the parties’ dispute regarding the fair market value of the Property because Debtor’s amended Schedule C, filed October 30, 2019, increased Debtor’s homestead exemption by $75,000. Because Trustee’s own calculation results in realizable equity in the range of $35,000 to $50,000, Debtor’s increased claimed homestead exemption eliminates all realizable equity in the subject property. Pursuant to FED. R. BANKR. P. Rule 1009(a), Debtor has a right to amend her schedules "as a matter of course" until the case is closed. And, pursuant to FED. R. BANKR. P. Rule 4003(c), the party objecting to a claimed exemption has the burden of proof.

    Therefore, in the absence of a formal objection, the Court must assume that Debtor’s amended homestead exemption is valid. If Debtor’s amended homestead exemption is valid, then the Property does not have consequential value to the bankruptcy estate.


    TENTATIVE RULING

    2:00 PM

    CONT...


    Christy Carmen Hammond


    Chapter 7

    The Court is inclined to CONTINUE the matter for Trustee to file an objection to Debtor’s amended homestead exemption.


    APPEARANCES REQUIRED.


    Party Information

    Debtor(s):

    Christy Carmen Hammond Represented By Eric C Morris

    Movant(s):

    Robert Whitmore (TR) Represented By Douglas A Plazak

    Trustee(s):

    Robert Whitmore (TR) Represented By Douglas A Plazak

    2:00 PM

    6:17-18617


    Christy Carmen Hammond


    Chapter 7


    #5.00 CONT Motion to Disallow Homestead Exemption From: 12/18/19

    Also #4 EH     

    Docket 49

    Tentative Ruling:

    12/18/19

    BACKGROUND


    On October 16, 2017, Christy Hammond ("Debtor") filed a Chapter 7 voluntary petition. Among the assets of the estate is certain real property located at 5918 Ridgegate Dr., Chino Hills, CA 91709 (the "Property"). On January 29, 2018, Debtor obtained a discharge.


    On April 23, 2018, the Chapter 7 Trustee filed a notice of assets, subsequently employing an attorney, and a real estate broker. Debtor opposed Trustee’s request to hold a real estate broker, and the Court approved the application after a hearing held on March 27, 2019.


    On October 16, 2019, Trustee filed (1) a motion for turnover of property (the "Turnover Motion"); and (2) an adversary complaint against Kenneth Hammond seeking turnover of property from Debtor’s non-filing spouse. On October 30, 2019, Debtor filed an opposition to the Turnover Motion, while also increasing her

    2:00 PM

    CONT...


    Christy Carmen Hammond


    Chapter 7

    homestead exemption to $175,000.


    On November 20, 2019, Trustee filed an objection to Debtor’s claimed homestead exemption. Trustee argues that Debtor has not established that she is entitled to claim the increased homestead exemption set forth in CAL. CODE CIV. P. § 704.730(a)(3)(B). On December 4, 2019, Debtor filed her opposition. Debtor argues that Trustee has the burden of proof in objecting to the claimed homestead exemption, and that Trustee has not met this burden. Alternatively, Debtor argues that she has adequately established her entitlement to the $175,000 homestead exemption. Specifically, Debtor argues that the increased homestead exemption is based on the alleged disability of her non-filing spouse, Kenneth Hammond, who served in the U.S. Navy. On December 11, 2019, Trustee filed a reply and a variety of evidentiary objections.


    DISCUSSION



    1. Burden of Proof


      As a preliminary matter, the parties disagree on the burden of proof when a Trustee files an objection to a claimed exemption. FED. R. BANKR. P. Rule 4003(c) states: "In any hearing under this rule, the objecting party has the burden of proving that the exemptions are not properly claimed." Trustee argues that the Supreme Court, however, held in the case of Raleigh v. Ill. Dep’t of Revenue, 530 U.S. 15 (2000) that the burden of proof should be determined by reference to state law. In Raleigh, the Supreme Court was considering whether the burden of proof, in the context of a claim objection, is determined by reference to state law. Citing cases dating back to before World War 2, the Supreme Court stated that "we have long held the burden of proof to be a ‘substantive’ aspect of a claim. That is, the burden of proof is an essential element of the claim itself; one who asserts a claim is entitled to the burden of proof that normally comes with it." Id. at 20-21.


      The Supreme Court also stated:

      2:00 PM

      CONT...


      Christy Carmen Hammond


      Chapter 7


      Congress of course may do what it likes with entitlements in bankruptcy, but there is no sign that Congress meant to alter the burdens of production and persuasion on tax claims. The Code in several places, to be sure, establishes particular burdens of proof. But the Code makes no provision for altering the burden on a tax claim, and its silence says that no change was intended.


      Id. at 21-22 (citation omitted). The above excerpt ended with footnote 2, which states:


      The legislative history indicates that the burden of proof on the issue of establishing claims was left to the Rules of Bankruptcy Procedure. The Bankruptcy Rules are silent on the burden of proof for claims; while Federal Rule of Bankruptcy Procedure 3001(f) provides that a proof of claim (the name for the proper form for filing a claim against a debtor) is "prima facie evidence of the validity and amount of the claim," this rule does not address the burden of proof when a trustee disputes a claim. The Rules thus provide no additional guidance.


      Id.


      Thus, the Supreme Court made it clear that Congress was permitted to preempt state law burdens in the drafting of the Bankruptcy Code. Specifically, the Supreme Court cited 11 U.S.C. §§ 362(g), 363(o), 364(d)(2), 547(g), and 1129(d) as examples of instances where the Code specifically articulates a burden of proof. While under principles of preemption it is clear that Congress may delineate an applicable burden in the Bankruptcy Code, in the context of an objection to a homestead exemption, it is the Federal Rules of Bankruptcy Procedure, not the Bankruptcy Code itself, which articulates a burden of proof. As Trustee points out in its reply brief, 28 U.S.C. § 2072 provides that federal rules of procedure "shall not abridge, enlarge or modify any substantive right."

      2:00 PM

      CONT...


      Christy Carmen Hammond


      Chapter 7

      Given that the Supreme Court has determined that a burden of proof is substantive, it would appear that a provision in the Federal Rules of Bankruptcy Procedure could not alter the applicable burden of proof absent a Code provision providing for such alteration.


      After 2000, a number of Court have addressed the issue of whether Raleigh dictates that FED. R. BANKR. P. Rule 4003(c) is invalid when a debtor exempts property under state law, and state law identifies its own burden for claiming that exemption. In California, CAL. CODE CIV. P. § 703.580(b) provides that the party claiming the exemption has the burden of proof. Therefore, in California, the applicable state law provision is in conflict with FED. R. BANKR. P. Rule 4003(c).


      The first case to contain an extended analysis of this conflict, post-Raleigh, appears to be In re Greenfield, 289 B.R. 146 (Bankr. S.D. Cal. 2003). In re Greenfield noted that "the propriety of Rule 4003(c) in a case such as this has been called into question." Id. at 148. Ultimately, In re Greenfield stated the following:


      The court in Raleigh did indeed look to state law in placing the burden. However, Raleigh dealt with a situation – an objection to a proof of claim – for which neither the Bankruptcy Code nor the Bankruptcy Rules provide a burden of proof . . .


      Contrarily, in the case of exemptions and objections thereto, the Rules do provide a specific and clear allocation of the burden – Rule 4003(c). Accordingly, the Raleigh case may not apply.


      Id. at 149.

      2:00 PM

      CONT...


      Christy Carmen Hammond


      Chapter 7

      Then, in 2005, a concurring opinion at the Bankruptcy Appellate Panel, which like In re Greenfield did not actually reach a conclusion on the issue, appeared to lean the opposite direction:


      There is reason to doubt the validity of the allocation, in Federal Rule of Bankruptcy Procedure 4003(c), of the burden of proof to the party objecting to a claim of exemption, especially an exemption claimed under state law.


      At least with respect to state-law exemptions, the better view, after the Supreme Court’s decision in Raleigh v. Ill. Dep’t of Revenue, 530 U.S. 15, 120 S.Ct. 195, 147 L.Ed.2d 13 (2000), may be that, if challenged, the debtor has the burden to establish entitlements to a claim of exemption under state law by the same standard that applies in the courts of that state. If so, then the objecting party does not properly bear the burden of proof.


      The post-Raleigh view necessarily calls into question the validity of Rule 4003(c), which expressly allocates the burden of proof on claims of exemption: "the objecting party has the burden of proving that the exemptions are not properly claimed."


      The basic problem is that Rule 4003(c) suffers from being a procedural rule that attempts to accomplish a substantive task, it being settled by Raleigh that a burden of proof in bankruptcy is substantive and generally is regarded as an essential element of a claim itself.


      In re Davis, 323 B.R. 732, 741 (B.A.P. 9th Cir. 2005) (Judge Klein, concurring opinion).

      2:00 PM

      CONT...


      Christy Carmen Hammond


      Chapter 7

      The excerpts from In re Greenfield and In re Davis reveal the operative legal question – is FED. R. BANKR. P. Rule 4003(c) invalid as a procedural rule which modifies substantive rights? Judge Klein, ten years after his concurrence in In re Davis, wrote a well-researched opinion in In re Tallerico supplementing his concurrence. Several courts, primarily in California, have agreed with his position. See, e.g., In re Diaz, 547 B.R. 329 (B.A.P. 9th Cir. 2016); In re Williams, 556 B.R. 456 (Bankr. C.D. Cal. 2016); In re Vaughn, 558 B.R. 897 (Bankr. D. Ala. 2016); In re Pashenee, 531 B.R. 834 (Bankr. E.D. Cal. 2015). Other courts have concluded that FED. R. BANKR. P. Rule 4003(c) is still valid despite Raleigh. See, e.g., In re Nicholson, 435 B.R. 622 (B.A.P. 9th Cir. 2010) (partially abrogated on other grounds); Matter of Hoffman, 605 B.R. 560 (Bankr. N.D. Ga. 2019); In re Weatherspoon, 605 B.R. 472 (Bankr. S.D. Ohio 2019). Many courts have offered extended analysis of the issue without arriving at a conclusion. See, e.g., In re Aubry, 558 B.R. 333 (Bankr. C.D. Cal. 2016) (Judge Kwan) (expressing skepticism that FRBP 4003(c) is invalid); In re Gilman, 544 B.R. 184 (Bankr. C.D. Cal. 2016) (Judge Kaufman) (stating that caselaw invalidating FRBP 4003(c) was "compelling," but acknowledging that "there is no binding authority that explicitly changes the burden allocation set forth in Carter or FRBP 4003(c)"); In re Thiem, 443 B.R. 832 (Bankr. D. Ariz. 2011) (noting dispute and presuming FRBP 4003(c) still valid for purposes of opinion). Most commonly, courts simply assume that FED. R. BANKR. P. Rule 4003(c) is still valid, possibly unaware of a split in caselaw on the issue. See, e.g., In re Hanson, 903 F.3d 793 (8th Cir. 2018); In re Nuara, 607 B.R. 116 (Bankr. E.D.N.Y. 2019); In re Haworth, 604 B.R 394 (Bankr. D.

      Idaho 2019). Every Circuit Court, including the Ninth Circuit, that has addressed the burden of proof when an objection to a claimed exemption is filed, has continued to refer to FED. R. BANKR. P. Rule 4003(c) post-Raleigh. See, e.g., In re Lee, 889 F.3d 639 (9th Cir. 2018) ("Moreover, Rule 4003(c) provides that in any hearing under the rule, ‘the objecting party has the burden of proving that the exemptions are not properly claimed.’"); In re Hanson, 903 F.3d 793 (8th Cir. 2018) ("It is the trustee’s burden to demonstrate that a claimed exemption is improper."); In re Fehmel, 2010 WL 1287618 (5th Cir. 2010); In re Hodes, 402 F.3d 1005 (10th Cir. 2005) ("The objecting party bears the burden of proof on an objection to a claimed exemption.").


      Judge Klein, in In re Tallerico, 532 B.R. 774 (Bankr. E.D. Cal. 2015), after an extended historical discussion, concluded that "Rule 4003(c) offends the Bankruptcy Rules Enabling Act with respect to state-law exemptions and must give way to the state statute." This conclusion, that FED. R. BANKR. P. Rule

      2:00 PM

      CONT...


      Christy Carmen Hammond


      Chapter 7

      4003(c) constitutes an impermissible modification of substantive rights, carries significant logical appeal given its simplicity and given the plain language of 28 U.S.C. § 2072.


      The Court, however, cannot escape certain countervailing considerations. First, in Raleigh, the Supreme Court quickly turned to the Federal Rules of Bankruptcy Procedure to determine whether a burden of proof was articulated. 530 U.S. 15 at 22, n.2 ("The legislative history indicates that the burden of proof on the issue of establishing claims was left to the Rules of Bankruptcy Procedure. The Bankruptcy Rules are silent on the burden of proof for claims; while Federal Rule of Bankruptcy Procedure 3001(f) provides that a proof of claim (the name for the proper form for filing a claim against a debtor) is ‘prima facie evidence of the validity and amount of the claim,’ this rule does not address the burden of proof when a trustee disputes a claim. The Rules thus provide no additional guidance."). The Supreme Court, by writing "that the burden of proof on the issue of establishing claims was left to the Rules of Bankruptcy Procedure," acknowledges that Congress may delegate its authority to set the burden of proof. Indeed, delegation of Congressional authority when an "intelligible principle" is articulated has long been a feature of the American government. See, e.g., Mistretta v. U.S., 488 U.S. 361, 372 (1989) ("Applying this ‘intelligble principle’ test to congressional delegations, our jurisprudence has been driven by a practical understanding that in our increasingly complex society, replete with ever changing and more technical problems, Congress simply cannot do its job absent an ability to delegate power under broad general directives."). As Mistretta makes clear, the Supreme Court rarely interferes with the exercise of delegated legislative authority. Id. at 373 ("[W]e have upheld, again without deviation, Congress’ ability to delegate power under broad standards.").


      This observation finds support in a Bankruptcy Appellate Panel decision from 2010:


      As the Supreme Court has recognized, bankruptcy exemptions are authorized and regulated by Congress in § 522 of the Bankruptcy Code. Although state law may control the ‘nature and extent’ of state law exemptions, subject to the limitations set forth in the Bankruptcy Code,

      2:00 PM

      CONT...


      Christy Carmen Hammond

      the manner in which such exemptions are to be claimed, set apart, and awarded, is regulated and determined by the federal courts, as a matter of procedure in the court of bankruptcy administration, as to which they are not bound or limited by state decisions or statutes. Because Congress has regulated the allowance of exemptions in bankruptcy, the Code and Rules may alter burdens of proof relating to exemptions, even if those burdens are part of the "substantive" rights under state law. In implementing the provisions of § 522(l), Rule 4003(c) places the burden of proof on the objecting party.


      Chapter 7



      In re Nicholson, 435 B.R. 622, 633 (B.A.P. 9th Cir. 2010) (partially abrogated on other grounds). In support of the above excerpt, In re Nicholson cited the Supreme Court’s statement that "Congress of course may do what it likes with entitlements in bankruptcy," and the Advisory Committee Note to Rule 4003(c) which states that "This rule is derived from § 522(l) of the Code." Id.; see also 9 COLLIER’S ON BANKRUPTCY ¶ 4003.04 (16th ed. 2019) ("[T]he better- reasoned decisions recognize that the rule simply reflects the burden placed on an objector by section 522(l), a federal statute that overrides state law on this issue under the Supremacy Clause.").


      While the Court does not conclude that the approach represented by In re Nicholson is the better-reasoned approach, for multiple reasons outlined below, the Court concludes that the presence of a legitimate argument that FED. R. BANKR. P. Rule 4003(c) is still valid forces this Court to continue applying the rule.


      First, the Supreme Court drafts the Federal Rules of Bankruptcy Procedure. Raleigh was decided in 2000, so the Supreme Court has had nineteen years, during which time there have been many rule changes, to modify or eliminate FED. R. BANKR. P. Rule 4003(c). It has not done so. Additionally, the Supreme Court, in Raleigh, stated that the burden of proof has long been considered "substantive" --- citing pre-World War 2 cases in support of the proposition. Those cases long predate FED. R. BANKR. P. Rule 4003(c), yet the Supreme Court drafted the rule despite the presence of those cases. Given these observations and the ambiguity regarding the continuing validity of FED. R. BANKR. P. Rule 4003(c), this Court would be remiss to invalidate a binding rule

      2:00 PM

      CONT...


      Christy Carmen Hammond


      Chapter 7

      of bankruptcy procedure on the basis that the Supreme Court violated its own caselaw. This is especially so when, to this Court’s knowledge, every Court of Appeal that has cited the burden of proof for an objection to a homestead exemption has continued to refer to FED. R. BANKR. P. Rule 4003(c) even after Raleigh.


      Rather, this Court agrees with the analysis set forth in In re Weatherspoon, 605

      B.R. 472, 482 (Bankr. S.D. Ohio 2019):


      Although Raleigh was decided in the context of an objection to a proof of claim and did not involve Bankruptcy Rule 4003(c), some bankruptcy courts have questioned the continued viability of the rule in light of the Supreme Court’s holding in that case. These cases are well- reasoned, and Ohio courts place the burden of proof on the party claiming the exemption. Thus, it could be argued that here the Debtor should shoulder the burden of proving the exemption was properly claimed. But even if decisions such as Tallerico are correctly decided, it is not for this Court to determine that Raleigh overruled Zingale by implication; instead, it must follow Zingale until the Supreme Court or the Sixth Circuit overrules it.


      If trial courts disregard binding precedent and binding legal provisions on the basis that they have been implicitly overruled, especially when there are legitimate arguments to the contrary, judicial hierarchy and the entire doctrine of legal precedent would be undermined.


    2. Merits


      Here, as stated by Trustee, CAL. CODE CIV. P. § 704.730(a)(3)(B) provides a

      $175,000 homestead exemption for "[a] person physically or mentally disabled who as a result of that disability is unable to engage in substantial gainful employment." Regarding the preliminary requirement, whether her husband is

      2:00 PM

      CONT...


      Christy Carmen Hammond


      Chapter 7

      disabled, Trustee states "Schedules I and J do not give any indication that Mr. Hammond was disabled as of the Petition Date. . . Debtor included unauthenticated documents and inadmissible hearsay testimony that Mr.

      Hammond is disabled currently, but no evidence that suggests he was disabled on October 17, 2017." [Dkt. No. 49, pgs. 4-5]. This line of argument is insufficient given that the Court has concluded it should assign Trustee the burden of proof.


      Trustee’s primarily focuses on the second requirement – whether Mr. Hammond’s disability renders him unable to engage in substantial gainful employment. Citing In re Gilman, 544 B.R. 184, 199 (Bankr. C.D. Cal. 2016), Trustee argues the following:


      The Gilman court disallowed the enhanced disability exemption because even though the debtor had established she was disabled, the court found she earned or had the capcity to earn at least $1,000 per month. Similarly, this Court can assess whether, on the Petition Date, Mr. Hammond had the ability to earn at least $1,170 per month.

      Schedule I reflects a gross income of $1,000 per month for Mr. Hammond, but the only evidence in support of this figure is Schedule I. It is very possible that he was or could have been earning at least $170 more per month. Also, there is reference in the hearsay testimony attached to the Turnover Opposition that Mr. Hammond is or was pursuing further education, which would presumably increase his earning capacity.


      [Dkt. No. 49, pg. 6]. As pointed out in the opposition, this argument falls short of meeting Trustee’s burden of proof.


      Nevertheless, Trustee’s argument raises a legitimate question regarding Debtor’s eligibility to claim the enhanced homestead exemption under CAL. CODE CIV. P. § 704.730(a)(3)(B). Specifically, the Court notes that Mr. Hammond’s income is close to the threshold used in In re Gilman to determine substantial gainful activity, and it appears Mr. Hammond may have

      2:00 PM

      CONT...


      Christy Carmen Hammond


      Chapter 7

      been enrolled in educational courses that may have caused a temporary reduction in earning potential unrelated to his disability.


      TENTATIVE RULING



      The Court is inclined to set an evidentiary hearing to determine whether Mr. Hammond had the capacity to engage in substantial gainful employment as of the petition date.


      APPEARANCES REQUIRED.


      Party Information

      Debtor(s):

      Christy Carmen Hammond Represented By Eric C Morris

      Movant(s):

      Robert Whitmore (TR) Represented By Douglas A Plazak

      Trustee(s):

      Robert Whitmore (TR) Represented By Douglas A Plazak

      11:00 AM

      6:20-13003


      Mumtaz Sajjad


      Chapter 7


      #1.00 Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate 7419 Via DelDene, Highland, CA 92346


      MOVANT: MUMTAZ SAJJAD


      EH     


      Docket 12


      Tentative Ruling:

      5/26/2020


      Service: Improper Opposition: None


      Judge Houle’s self-calendaring procedures, as well as this Court’s order on application shortening time, entered as docket number 14, require that secured creditors be served pursuant to FED. R. BANKR. P. Rule 7004. It appearing that the senior lienholders, Michael W. Douglas and Cindy Douglas, were not served pursuant to Rule 7004, and that secured creditor Val-Chris Investments was not named in the caption of the motion or in § 3 of the motion, the Court is inclined to DENY the motion. In addition, on the merits the motion lacks sufficient evidentiary detail to rebut the presumption that the case was not filed in good faith.


      APPEARANCES REQUIRED.

      Party Information

      Debtor(s):

      Mumtaz Sajjad Represented By Michael R Perry

      Movant(s):

      Mumtaz Sajjad Represented By Michael R Perry

      11:00 AM

      CONT...

      Trustee(s):


      Mumtaz Sajjad


      Chapter 7

      Larry D Simons (TR) Pro Se

      11:00 AM

      6:20-12911


      Melissa Rosalyn Aguayo


      Chapter 7


      #2.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2014 HONDA ACCORD VIN 1HGCR2F53EA250644


      MOVANT: TD AUTO FINANCE LLC


      EH     


      Docket 8


      Tentative Ruling:

      5/26/2020


      Service is Proper Opposition: None


      11 U.S.C. § 362(h)(1)(A) provides:


      (h)(1) In a case in which the debtor is an individual, the stay provided by subsection (a) is terminated with respect to personal property of the estate or of the debtor securing in whole or in part a claim, or subject to an unexpired lease, and such personal property shall no longer be property of the estate if the debtor fails within the applicable time set by section 521(a)(2) –

      1. to file timely any statement of intention required under section 521(a)(2) with respect to such personal property or to indicate in such statement that the debtor will either surrender such personal property or retain it and, if retaining such personal property, either redeem such personal property pursuant to section 722, enter into an agreement of the kind specified in section 524(c) applicable to the debt secured by such personal property, or assume such unexpired lease pursuant to section 365(p) if the trustee does not do so, as

    11:00 AM

    CONT...


    Melissa Rosalyn Aguayo

    applicable; and


    Chapter 7


    (emphasis added). Here, Debtor’s statement of intention does not address the subject collateral. The deadline for filing or amending the statement of intention having passed pursuant to 11 U.S.C. § 521(a)(2) (A), the automatic stay has terminated as a matter of law. Therefore, the Court is inclined to DENY the motion as MOOT.


    APPEARANCES REQUIRED.

    Party Information

    Debtor(s):

    Melissa Rosalyn Aguayo Represented By Daniel King

    Movant(s):

    TD Auto Finance LLC Represented By Sheryl K Ith

    Trustee(s):

    Charles W Daff (TR) Pro Se

    11:00 AM

    6:20-11063


    Luis Fernando Narvaez Escoto


    Chapter 13


    #3.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 27514 Spring Street, Perris, CA 92570; APN 345-060-033-6


    MOVANT: JESUS AND MARYLOU MOYA


    EH     


    Docket 24


    Tentative Ruling:

    5/26/2020


    Service: Improper Opposition: None


    Parties to apprise the Court of the status of arrears, if any, and the status of the insurance policy.


    APPEARANCES REQUIRED.

    Party Information

    Debtor(s):

    Luis Fernando Narvaez Escoto Represented By Todd L Turoci

    Movant(s):

    Courtesy NEF Represented By Mark A Mellor

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:20-10932


    David Oliver Hazward and Vennecia Ressie Marie Hazward


    Chapter 7


    #4.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2011 GMC YUKON DENALI-VIN: 1GKS2MEF0BR296972


    MOVANT: LOS ANGELES FEDERAL CREDIT UNION


    EH     


    Docket 13


    Tentative Ruling:

    5/26/20


    Service: Proper Opposition: None


    The Court is inclined to:


    -GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1) and (2)

    -GRANT waiver of Rule 4001(a)(3) stay

    -GRANT request under ¶ 2

    -DENY alternative request under ¶ 11 as moot.


    APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

    Party Information

    Debtor(s):

    David Oliver Hazward Represented By Kevin Tang

    Joint Debtor(s):

    Vennecia Ressie Marie Hazward Represented By

    Kevin Tang

    11:00 AM

    CONT...

    Movant(s):


    David Oliver Hazward and Vennecia Ressie Marie Hazward


    Chapter 7

    Los Angeles Federal Credit Union Represented By

    Bruce P. Needleman

    Trustee(s):

    Charles W Daff (TR) Pro Se

    11:00 AM

    6:20-10164


    Hernan Pizzulin and Tonya Thomas


    Chapter 13


    #5.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 3038 Jacinta Dr., Perris, CA 92571


    MOVANT: BANK OF AMERICA, N.A.


    EH     


    Docket 25


    Tentative Ruling:

    5/26/2020


    Service: Proper Opposition: Yes

    Parties to apprise Court of status of arrears, if any. APPEARANCES REQUIRED.

    Party Information

    Debtor(s):

    Hernan Pizzulin Represented By Tom A Moore

    Joint Debtor(s):

    Tonya Thomas Represented By Tom A Moore

    Movant(s):

    Bank of America, N.A. Represented By Darlene C Vigil

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:19-20612


    James Olin Gardner and Karen Rose Gardner


    Chapter 13


    #6.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 16601 McPherson Avenue, Lake Elsinore, CA 92530


    MOVANT: WILMINGTON SAVINGS FUND SOCIETY, FSB


    EH     


    Docket 36


    Tentative Ruling:

    5/26/20


    Service: Proper Opposition: Yes

    Parties to apprise Court of status of arrears, if any. APPEARANCES REQUIRED.

    Party Information

    Debtor(s):

    James Olin Gardner Represented By Marcus Gomez

    Joint Debtor(s):

    Karen Rose Gardner Represented By Marcus Gomez

    Movant(s):

    Wilmington Savings Fund Society, Represented By

    Erin M McCartney Mark S Krause

    11:00 AM

    CONT...

    Trustee(s):


    James Olin Gardner and Karen Rose Gardner


    Chapter 13

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:19-14925


    Charles Sanchez


    Chapter 13


    #7.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 5422 San Jose Street, Montclair, CA 91763


    MOVANT: WILMINGTON SAVINGS FUND SOCIETY FSB


    EH     


    Docket 34


    Tentative Ruling:

    5/26/2020


    Service: Proper Opposition: None


    The Court is inclined to:


    -GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1)

    -GRANT relief from 11 U.S.C. § 1301(a) co-debtor stay

    -GRANT waiver of Rule 4001(a)(3) stay

    -GRANT requests under ¶¶ 2 and 3

    -DENY alternative request under ¶ 13 as moot.


    APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

    Party Information

    Debtor(s):

    Charles Sanchez Represented By Neil R Hedtke

    Movant(s):

    Wilmington Savings Fund Society, Represented By

    Sean C Ferry

    11:00 AM

    CONT...


    Trustee(s):


    Charles Sanchez


    Erin M McCartney


    Chapter 13

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:18-20200


    Denise Cherie Darden


    Chapter 13


    #8.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 10620 Canyon Vista Road, Moreno Valley, CA 92557


    MOVANT: WILMINGTON TRUST, NATIONAL ASSOCIATION


    EH     


    Docket 52


    Tentative Ruling:

    5/26/2020


    Service: Proper Opposition: Yes

    Parties to apprise Court of status of adequate protection discussions, if any. APPEARANCES REQUIRED.

    Party Information

    Debtor(s):

    Denise Cherie Darden Represented By Paul Y Lee

    Movant(s):

    Wilmington Trust, National Represented By Nancy L Lee

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:18-16820


    Anna Marie Montgomery


    Chapter 13


    #9.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 21195 Rhone Place, Apple Valley, California 92308


    MOVANT: BAYVIEW LOAN SERVICING LLC


    EH     


    Docket 43


    Tentative Ruling:

    5/26/2020


    Service: Proper Opposition: None


    11 U.S.C. § 362(c)(3)(A) provides that


    1. if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding 1-year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under section 707(b) –

      1. the stay under subsection (a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case;


Here, Debtor had a previous Chapter 13 case dismissed on February 27, 2018, less than one year before the instant case was filed. Debtor not having filed a motion to continue the automatic stay, the automatic stay expired on September 12, 2019.

Therefore, the automatic stay no longer being in effect, the Court is inclined to DENY the motion as MOOT.

11:00 AM

CONT...


Anna Marie Montgomery


Chapter 13


APPEARANCES REQUIRED.

Party Information

Debtor(s):

Anna Marie Montgomery Represented By Julie J Villalobos

Movant(s):

Bayview Loan Servicing, LLC Represented By

Dane W Exnowski Erin M McCartney

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:18-10079


Cheryl Linda Fernandez


Chapter 13


#10.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 424 South Eureka Street, Redlands, California 92373


MOVANT: WELLS FARGO BANK, N.A.


EH     


Docket 91

*** VACATED *** REASON: CASE DISMISSED 4/29/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Cheryl Linda Fernandez Represented By Matthew D. Resnik

Movant(s):

WELLS FARGO BANK, Represented By Kelsey X Luu Gilbert R Yabes Jacky Wang

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:15-20410


Lewis Halfbreed Morris and Debra Denise Morris


Chapter 13


#11.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 2688 West Calle Vista Drive, Rialto, California 92377


MOVANT: NATIONSTAR MORTGAGE LLC


From: 4/28/20 EH     

Docket 53

*** VACATED *** REASON: ORDER ENTERED 5/18/20

Tentative Ruling:

4/28/2020


Service: Proper Opposition: Late


Parties to apprise Court of status of adequate protection discussions, if any.


APPEARANCES REQUIRED.

Party Information

Debtor(s):

Lewis Halfbreed Morris Represented By David Lozano

Joint Debtor(s):

Debra Denise Morris Represented By David Lozano

Movant(s):

Nationstar Mortgage LLC D/B/A Represented By

11:00 AM

CONT...


Trustee(s):


Lewis Halfbreed Morris and Debra Denise Morris

Angie M Marth Jacky Wang


Chapter 13

Rod Danielson (TR) Pro Se

2:00 PM

6:19-19930


Enrique Garcia and Flavia C Garcia


Chapter 11


#12.00 CONT Order (1) Setting Scheduling Hearing And Case Management Conference And (2) Requiring Status Report


From: 12/10/19, 2/11/20 EH     

Docket 8

*** VACATED *** REASON: CASE DISMISSED 3/24/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Enrique Garcia Represented By Michael R Totaro

Joint Debtor(s):

Flavia C Garcia Represented By Michael R Totaro

2:00 PM

6:19-17537


Jauregui Trucking, Inc.


Chapter 11


#13.00 CONT Motion RE: Objection to Claim Number 9 by Claimant EDD From: 4/28/20

Also #14 EH     

Docket 128

Tentative Ruling:

5/26/2020

BACKGROUND:

On August 27, 2019, Jauregui Trucking, Inc. ("Debtor") filed a Chapter 11 voluntary petition. On October 7, 2019, Debtor filed a notice of bar date that provided for a deadline of February 24, 2020 for claims of governmental units.

On January 9, 2020, the Employment Development Department (the "EDD") filed a proof of claim for a claim in the amount $253,545.74, with $226,229.03 identified as entitled to priority ("Claim 9"). On March 31, 2020, Debtor filed an objection to Claim 9, arguing that the EDD had improperly classified a number of Debtor’s drivers as employees. On April 15, 2020, the Court approved the parties’ stipulation to continue the hearing on the claim objection to May 26, 2020; the Court notes that the original hearing was not properly noticed pursuant to FED. R. BANKR. P. Rule 3007(a) (1). On May 11, 2020, the EDD filed its opposition. On May 19, 2020, Debtor filed its reply.

2:00 PM

CONT...

Jauregui Trucking, Inc.

Chapter 11

Debtor argues that "almost all of them [the drivers listed on the EDD’s Notice of Assessment] are owner-operators and not Debtor’s employees." Debtor contends that "[t]he EDD failed to conduct any investigation to determine which drivers were Debtor’s employees and which were owner-operators and thus independent contractors." The Court notes that Debtor had petitioned the EDD’s notice of assessment, and that it appears that an evidentiary hearing was pending at the time Debtor filed bankruptcy but has since been stayed.

APPLICABLE LAW:

Pursuant to 11 U.S.C. § 502(a), a proof of claim is deemed allowed unless a party in interest objects. Absent an objection, a proof of claim constitutes prima facie evidence of the validity and amount of the claim under Federal Rule of Bankruptcy Procedure ("FRBP") 3001(f). See Lundell v. Anchor Constr. Specialists, Inc., 223 F.3d 1035, 1039 (9th Cir. 2000). When a party files an objection to a proof of claim, that filing "creates a dispute which is a contested matter" within the meaning of FRBP 9014 and the Court must resolve the matter after notice and opportunity for hearing upon a motion for relief. Id.


When a creditor has filed a proof of claim that complies with the rules (thereby giving rise to the presumption of validity), the burden shifts to the objecting party who must "present evidence to overcome the prima facie case." In re Medina, 205 B.R. 216, 222 (9th Cir. B.A.P. 1996). Tax claims, not having been based on a writing, are entitled to presumptive validity when properly filed. See In re Los Angeles Int’l Airport Assocs., 106 F.3d 1479, 1480 (9th Cir. 1997). To defeat the claim, the objecting party must provide sufficient evidence and "show facts tending to defeat the claim by probative force equal to that of the allegations of the proofs of claim themselves." Lundell, 223 F.3d at 1039 (quoting In re Holm, 931 F.2d 620, 623 (9th Cir. 1991)). "The objector must produce evidence, which, if believed, would refute at

2:00 PM

CONT...


Jauregui Trucking, Inc.


Chapter 11

least one of the allegations that is essential to the claim’s legal sufficiency." Lundell, 223 F.3d at 1040 (quoting In re Allegheny Int’l, Inc., 954 F.2d 167, 173-74 (3d Cir.

1992)).


Typically, when the objecting party produces sufficient evidence to negate one or more of the sworn facts in the proof of claim, the burden reverts back to the claimant to prove the validity of the claim by a preponderance of the evidence. See In re Consol. Pioneer Mort, 178 B.R. 222, 226 (9th Cir. BAP 1995), aff’d, 91 F.3d 151 (9th Cir. 1996) (quoting Allegheny Int’l, 954 F.2d at 173-74). Contrary to the argument raised in Debtor’s reply, in the context of a tax claim, however, the burden of proof is assigned by the underlying substantive law. See Raleigh v. Ill. Dep’t of Revenue, 530

U.S. 15, 26 (2000). In this case, that means the burden of proof is assigned to Debtor.


ANALYSIS:


Debtor has provided evidence supporting its contention that thirteen different individuals, listed in pages 4-5 of the reply filed as docket number 152, are not properly characterized as employees. As noted by Debtor in the reply, the question of whether truck drivers are employees or independent contractors is currently the subject of litigation in California. Without concluding that Debtor has provided the correct legal standard, the Court does not have the information necessary to apply the Borello test or the ABC test1, outlined in page 6 of Debtor’s reply.


Nevertheless, the Court does conclude that Debtor has provided sufficient evidence to overcome the presumptive validity of the EDD claim and warrant the setting of an evidentiary hearing pursuant to Local Rule 3007-1(b)(5). Specifically, the Court concludes that the evidence submitted by Debtor is sufficient to raise a genuine question regarding whether the individuals identified are properly characterized as employees given the holistic nature of the Borello test and the evidence submitted by

2:00 PM

CONT...


Jauregui Trucking, Inc.


Chapter 11

the EDD.


TENTATIVE RULING


As Debtor presented its evidence on the merits in its reply, the Court is inclined to either allow supplemental briefing by the EDD or set an evidentiary hearing pursuant to Local Rule 3007-1(b)(5).


APPEARANCES REQUIRED.

Party Information

Debtor(s):

Jauregui Trucking, Inc. Represented By Andrew S Bisom

Movant(s):

Jauregui Trucking, Inc. Represented By Andrew S Bisom

2:00 PM

6:19-17537


Jauregui Trucking, Inc.


Chapter 11


#14.00 CONT Emergency Hearing On Debtor's Motion For Authorization To Use Cash Collateral


From: 9/4/19, 10/1/19, 11/12/19, 12/10/19, 1/7/20, 3/10/20, 3/24/20, 4/21/20


Also #13 EH         

Docket 9


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jauregui Trucking, Inc. Represented By Andrew S Bisom

Movant(s):

Jauregui Trucking, Inc. Represented By Andrew S Bisom

2:00 PM

6:11-12667


Maximino Romero Torres and Rebecca Anne Torres


Chapter 7


#15.00 CONT Order to show cause why James Alderson should not be: (1) Sanctioned in the amount of $5,000; and (2) Reported to the State Bar Disciplinary Committee for failure to conform to professional rules of conduct


From: 3/31/20, 4/21/20 EH     

Docket 64


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Maximino Romero Torres Represented By James A Alderson

Joint Debtor(s):

Rebecca Anne Torres Represented By James A Alderson

Trustee(s):

Patricia J Zimmermann (TR) Pro Se

11:00 AM

6:18-19600


Gustavo Adolfo Miranda and Maria Isabel Miranda


Chapter 7


#1.00 Notice of Trustee's Final Report and Applications for Compensation EH     

Docket 23


Tentative Ruling:

5/27/20

Opposition: None Service: Proper


The application for compensation of the Trustee has been set for hearing on the notice required by LBR 2016-1. Pursuant to the Trustee’s Final Report, the Court is inclined to APPROVE the following administrative expenses:


Trustee’s Fees: $812.35


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

Debtor(s):

Gustavo Adolfo Miranda Represented By Edgar P Lombera

Joint Debtor(s):

Maria Isabel Miranda Represented By Edgar P Lombera

Trustee(s):

Howard B Grobstein (TR) Pro Se

11:00 AM

6:17-10724


Bausman and Company Incorporated


Chapter 7


#2.00 Motion to approve compromise of Controversy Regarding Settlement Agreement with Labor Commissioner of the State of California


EH     


Docket 212


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Bausman and Company Incorporated Represented By

William A Smelko

Movant(s):

Robert Whitmore (TR) Represented By

Best Best & Krieger Caroline Djang

Trustee(s):

Robert Whitmore (TR) Represented By

Best Best & Krieger Caroline Djang

2:00 PM

6:19-19674


James Dimitri Tsirtsis


Chapter 7

Adv#: 6:20-01032 Whitmore v. Tsirtsis et al


#3.00 Status Conference RE: [1] Adversary case 6:20-ap-01032. Complaint by Robert

S. Whitmore against James Dimitri Tsirtsis, Pota N. Tsirtsis, Christos Minoudis, Maria Minoudis, Angelo D. Tsirtsis. (Charge To Estate $350.00). Nature of Suit: (11 (Recovery of money/property - 542 turnover of property)),(13 (Recovery of money/property - 548 fraudulent transfer)) (Marchisotto, Michelle)


EH     


Docket 1

*** VACATED *** REASON: CONTINUED TO 7/1/20 AT 2:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

James Dimitri Tsirtsis Represented By Jonathan R Preston

Defendant(s):

James Dimitri Tsirtsis Pro Se

Pota N. Tsirtsis Pro Se

Christos Minoudis Pro Se

Maria Minoudis Pro Se

Angelo D. Tsirtsis Pro Se

Plaintiff(s):

Robert S. Whitmore Represented By

Michelle A Marchisotto

Trustee(s):

Robert Whitmore (TR) Represented By

2:00 PM

CONT...


James Dimitri Tsirtsis


Michelle A Marchisotto


Chapter 7

2:00 PM

6:19-17393


Gabriel Perez


Chapter 7

Adv#: 6:19-01163 O'Neil et al v. Perez et al


#4.00 CONT Status Conference RE: [1] Adversary case 6:19-ap-01163. Complaint by Michael O'Neil, Al Karlson, Dixie Karlson against Gabriel Perez, Janyn Perez. 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)) (McGuire, Edmond)


From: 1/29/20 EH     

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Gabriel Perez Represented By Glen J Biondi

Defendant(s):

Gabriel Perez Represented By Glen J Biondi

Janyn Perez Represented By

Glen J Biondi

Joint Debtor(s):

Janyn Perez Represented By

Glen J Biondi

Plaintiff(s):

Al Karlson Represented By

Edmond Richard McGuire

2:00 PM

CONT...


Gabriel Perez


Chapter 7

Dixie Karlson Represented By

Edmond Richard McGuire

Michael O'Neil Represented By

Edmond Richard McGuire

Trustee(s):

Steven M Speier (TR) Pro Se

2:00 PM

6:18-17820


Maria Fabiola Marroquin


Chapter 7

Adv#: 6:19-01131 Anderson v. Marroquin, Jr.


#5.00 CONT Status Conference RE: [1] Adversary case 6:19-ap-01131. Complaint by Karl T. Anderson against Roderico Marroquin Jr.. (Charge To Estate $350.00). Complaint for: (1) Avoidance and Recovery of Constrictive Fraudulent Transfers;

(2) Avoidance and Recovery of Intentional Fraudulent Transfers; (3) Avoidance and Recovery of Property of the Bankruptcy Estate; and (4) Temporary Restraining Order and Preliminary Injunction Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)) (Eastmond, Thomas)


From: 12/4/19 EH     

Docket 1

*** VACATED *** REASON: CONTINUED TO 8/19/20 AT 2:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Maria Fabiola Marroquin Represented By Mark A Mellor

Defendant(s):

Roderico Marroquin Jr. Represented By Alec L Harshey

Plaintiff(s):

Karl T. Anderson Represented By Thomas J Eastmond Robert P Goe

Rafael R Garcia-Salgado

2:00 PM

CONT...

Trustee(s):


Maria Fabiola Marroquin


Chapter 7

Karl T Anderson (TR) Represented By Robert P Goe

Thomas J Eastmond

2:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:18-01174 Pringle Ch 7 Trustee v. Shenouda et al


#6.00 CONT Status Conference RE: [1] Adversary case 6:18-ap-01174. Complaint by John P Pringle Ch 7 Trustee against Violete Shenouda, Anwar Wagdy. (Charge To Estate - $350.00). Complaint: (1) To Avoid and Recover Fraudulent Transfers Pursuant to 11 U.S.C. Sections 548(a)(1)(A) and 550; (2) To Avoid and Recover Fraudulent Transfers Pursuant to 11 U.S.C. Sections 548(a)(1)(B) and 550; (3) To Avoid Transfer Pursuant to 11 U.S.C. Section 544(a)(3); (4) To Preserve Transfers Pursuant to 11 U.S.C. Section 551; (5) For Declaratory Relief; (6) For Imposition of Resulting Trust; (7) For Imposition of Constructive Trust; and (8) For Attorneys' Fees and Costs Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(72 (Injunctive relief - other)),(91 (Declaratory judgment)),(14 (Recovery of money/property - other)) (Goodrich, David)


From: 10/31/18, 2/27/19, 6/12/19, 9/18/19, 11/20/19, 4/1/20


EH     


Docket 1

*** VACATED *** REASON: JUDGMENT ENTERED 5/4/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Violete Shenouda Represented By John J Lewis

Anwar Wagdy Represented By John J Lewis

2:00 PM

CONT...


Mark Bastorous


Chapter 7

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P Pringle Ch 7 Trustee Represented By David M Goodrich Reem J Bello

Trustee(s):

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

2:00 PM

6:17-18295


Eastern Legends CW


Chapter 7

Adv#: 6:18-01222 Anderson, Chapter 7 Trustee v. Bobby Lee Associates, LLC


#7.00 CONT Status Conference RE: [1] Adversary case 6:18-ap-01222. Complaint by Karl T. Anderson, Chapter 7 Trustee against Bobby Lee Associates, LLC. (Charge To Estate). Nature of Suit: (11 (Recovery of money/property - 542 turnover of property)),(14 (Recovery of money/property - other)),(13 (Recovery of money/property - 548 fraudulent transfer)) (Polis, Thomas)


From: 1/16/19, 4/17/19, 6/12/19, 9/18/19, 10/2/19, 12/11/19, 3/25/20, 4/1/20, 5/13/20


EH     


Docket 1

*** VACATED *** REASON: ORDER RE DISMISSAL ENTERED 5/18/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Eastern Legends CW Represented By Lawrence B Yang

Defendant(s):

Bobby Lee Associates, LLC Represented By Keith S Knochel

Plaintiff(s):

Karl T. Anderson, Chapter 7 Trustee Represented By

Thomas J Polis

Trustee(s):

Karl T Anderson (TR) Represented By Thomas J Polis

2:00 PM

6:17-18295


Eastern Legends CW


Chapter 7

Adv#: 6:18-01227 Anderson, Chapter 7 Trustee v. Wang et al


#8.00 CONT Status Conference RE: [13] Amended Complaint Karl T. Anderson, Chapter 7 Trustee's First Amended Complaint; with Proof of Service by Thomas J Polis on behalf of Karl T. Anderson, Chapter 7 Trustee against LiLi Chang, JWLC Imports, Inc., Ming Chung Wang. (RE: related document(s)1 Adversary case 6:18-ap-01227. Complaint by Karl T. Anderson, Chapter 7 Trustee against Ming Chung Wang. (Charge To Estate - $350.00). 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)) (Polis, Thomas) Modified on 11/19/2018. filed by Plaintiff Karl T. Anderson, Chapter 7 Trustee). (Attachments: # 1 Exhibit A # 2 Exhibit B # 3 Exhibit C # 4 Exhibit D) (Polis, Thomas)


From: 9/18/19, 12/11/19, 3/25/20, 4/1/20, 5/13/20


EH         


Docket 13

*** VACATED *** REASON: ORDER RE DISMISSAL ENTERED 5/18/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Eastern Legends CW Represented By Lawrence B Yang

Defendant(s):

Ming Chung Wang Pro Se

LiLi Chang Represented By

Lawrence B Yang

JWLC Imports, Inc. Pro Se

2:00 PM

CONT...


Eastern Legends CW


Chapter 7

Plaintiff(s):

Karl T. Anderson, Chapter 7 Trustee Represented By

Thomas J Polis

Trustee(s):

Karl T Anderson (TR) Represented By Thomas J Polis

2:00 PM

6:17-10724


Bausman and Company Incorporated


Chapter 7

Adv#: 6:19-01122 Whitmore v. Labor Commissioner of the State of California


#9.00 CONT Status Conference RE: [1] Adversary case 6:19-ap-01122. Complaint by Robert S. Whitmore against Labor Commissioner of the State of California. (Charge To Estate $350.00). Complaint to Avoid Preferential Transfer Pursuant to 11 U.S.C. § 547 (Attachments: # 1 Adversary Cover Sheet) Nature of Suit: (12 (Recovery of money/property - 547 preference)) (Djang, Caroline)


From: 11/6/19, 1/15/20, 3/25/20, 4/1/20 EH     

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Bausman and Company Incorporated Represented By

William A Smelko

Defendant(s):

Labor Commissioner of the State of Represented By

Melvin Yee

Plaintiff(s):

Robert S. Whitmore Represented By Caroline Djang

Trustee(s):

Robert Whitmore (TR) Represented By

Best Best & Krieger Caroline Djang

2:00 PM

6:13-27611


Douglas Jay Roger


Chapter 7


#10.00 CONT Objection to Claim #17 by Revere Financial Corporation

(Holding date)


From: 10/1/14, 11/5/14, 12/3/14, 12/15/14, 1/28/15, 4/15/15, 7/22/15, 9/23/15, 10/21/15, 11/18/15, 12/16/15, 1/13/16, 3/2/16, 5/4/16, 6/1/16, 9/28/16, 11/16/16,

2/1/17, 2/16/17, 5/3/17, 6/14/17, 6/28/17, 9/20/17, 3/21/18, 6/27/18, 12/19/18,

3/27/19, 5/8/19, 6/12/19, 7/31/19, 1/29/20


EH        


Docket 333

*** VACATED *** REASON: CONTINUED TO 7/29/20 AT 2:00 P.M.

Tentative Ruling:

Party Information

Debtor(s):

Douglas Jay Roger Represented By Summer M Shaw Marc C Forsythe

Trustee(s):

Helen R. Frazer (TR) Represented By Arjun Sivakumar Carmela Pagay

Franklin R Fraley Jr

2:00 PM

6:13-27611


Douglas Jay Roger


Chapter 7

Adv#: 6:14-01248 Revere Financial Corporation, a California corpora v. Roger, MD


#11.00 CONT Status Conference RE: Amended Complaint (First) by Revere Financial Corporation and Jerry Wang, as State-Court Appointed Receiver by Franklin R Fraley Jr on behalf of Revere Financial Corporation, a California corporation against Revere Financial Corporation, a California corporation. (Attachments: # 1 Exhibit 1-8)


From: 4/25/18, 6/13/18, 8/22/18, 10/31/18, 7/31/19, 9/11/19, 11/20/19, 1/29/20


EH     


Docket 82

*** VACATED *** REASON: CONTINUED TO 7/29/20 AT 2:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Douglas Jay Roger Represented By Summer M Shaw Marc C Forsythe

Defendant(s):

Douglas J Roger MD Represented By Summer M Shaw Thomas J Eastmond Marc C Forsythe

Plaintiff(s):

Revere Financial Corporation, a Represented By Franklin R Fraley Jr

Jerry Wang Represented By

Franklin R Fraley Jr Anthony J Napolitano

2:00 PM

CONT...

Trustee(s):


Douglas Jay Roger


Chapter 7

Helen R. Frazer (TR) Represented By Arjun Sivakumar Carmela Pagay

Franklin R Fraley Jr

2:00 PM

6:13-27611


Douglas Jay Roger


Chapter 7

Adv#: 6:16-01163 Revere Financial Corporation v. Burns


#12.00 CONT Pre-Trial Conference RE: [1] Adversary case 6:16-ap-01163. Complaint by Revere Financial Corporation against Don C. Burns. (12 (Recovery of money/property - 547 preference)),(11 (Recovery of money/property - 542 turnover of property)),(14 (Recovery of money/property - other)),(91 (Declaratory judgment))(Fraley, Franklin)


From: 8/31/16, 11/2/16, 1/11/17, 3/8/17, 6/7/17, 8/2/17, 8/23/17, 11/8/17, 1/31/18, 4/25/18, 2/27/18, 6/12/19, 1/29/20


EH     


Docket 1

*** VACATED *** REASON: CONTINUED TO 9/30/20 AT 2:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Douglas Jay Roger Represented By Summer M Shaw Marc C Forsythe

Defendant(s):

Don Cameron Burns Represented By Don C Burns

Plaintiff(s):

Revere Financial Corporation Represented By Franklin R Fraley Jr

Trustee(s):

Helen R. Frazer (TR) Represented By

2:00 PM

CONT...


Douglas Jay Roger


Arjun Sivakumar Carmela Pagay Franklin R Fraley Jr


Chapter 7

2:00 PM

6:13-27344


Douglas J Roger, MD, Inc., A Professional Corporat


Chapter 7

Adv#: 6:15-01307 Revere Financial Corporation v. OIC MEDICAL CORPORATION, a


#13.00 CONT Status Conference RE: [1] Adversary case 6:15-ap-01307. Complaint by

A. Cisneros against OIC MEDICAL CORPORATION, a California corporation, LIBERTY ORTHOPEDIC CORPORATION, a California corporation, UNIVERSAL ORTHOPAEDIC GROUP, a California corporation. (Charge To Estate $350). for Avoidance, Recovery, and Preservation of Preferential and Fraudulent Transfers (with Adversary Proceeding Cover Sheet) Nature of Suit: (12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other))


From: 12/30/15, 2/24/16, 4/13/16, 6/22/16, 8/24/16, 11/2/16, 2/1/17, 3/8/17, 7/12/17, 9/13/17, 11/15/17, 2/14/18, 5/16/18, 7/25/18, 8/22/18, 10/31/18,

11/14/18, 12/12/18, 12/19/18, 3/27/19, 6/12/19, 7/31/19, Advanced 3/4/20,

11/20/19, 1/29/20


EH     


Docket 1

*** VACATED *** REASON: CONTINUED TO 7/29/20 AT 2:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Douglas J Roger, MD, Inc., A Represented By Summer M Shaw Michael S Kogan George Hanover

Defendant(s):

OIC MEDICAL CORPORATION, a Represented By

Misty A Perry Isaacson

LIBERTY ORTHOPEDIC Represented By

2:00 PM

CONT...


Douglas J Roger, MD, Inc., A Professional Corporat

Misty Perry Isaacson Misty A Perry Isaacson


Chapter 7

UNIVERSAL ORTHOPAEDIC Represented By

Misty Perry Isaacson Misty A Perry Isaacson

Plaintiff(s):

Revere Financial Corporation Represented By Franklin R Fraley Jr

Trustee(s):

Arturo Cisneros (TR) Represented By Chad V Haes

D Edward Hays Franklin R Fraley Jr

2:00 PM

6:13-27344


Douglas J Roger, MD, Inc., A Professional Corporat


Chapter 7

Adv#: 6:15-01308 Revere Financial Corporation v. BWI CONSULTING, LLC et al


#14.00 CONT Status Conference RE: [1] Adversary case 6:15-ap-01308. Complaint by

A. Cisneros against BWI CONSULTING, LLC, Black and White, Inc., BLACK AND WHITE BILLING COMPANY, BLACK AND WHITE INK, MEHRAN DEVELOPMENT CORPORATION. (Charge To Estate $350). for Avoidance, Recovery, and Preservation of Preferential and Fraudulent Transfers (with Adversary Proceeding Cover Sheet) Nature of Suit: (12 (Recovery of money/property - 547 preference)),(14 (Recovery of money/property - other))


From: 1/13/16, 3/23/16, 5/25/16, 7/27/16, 8/31/16, 11/2/16, 2/1/17, 5/3/17, 9/13/17, 12/13/17, 2/14/18, 5/16/18, 6/11/18, 8/22/18, 11/28/18, 2/27/19,

5/29/19, 8/28/19, 11/20/19, 1/29/20


EH     


Docket 1

*** VACATED *** REASON: CONTINUED TO 7/29/20 AT 2:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Douglas J Roger, MD, Inc., A Represented By Summer M Shaw Michael S Kogan George Hanover

Defendant(s):

BWI CONSULTING, LLC Pro Se

Black and White, Inc. Pro Se

BLACK AND WHITE BILLING Pro Se

BLACK AND WHITE INK Pro Se

MEHRAN DEVELOPMENT Pro Se

2:00 PM

CONT...


Douglas J Roger, MD, Inc., A Professional Corporat


Chapter 7

Plaintiff(s):

Revere Financial Corporation Represented By Franklin R Fraley Jr

Trustee(s):

Arturo Cisneros (TR) Represented By Chad V Haes

D Edward Hays Franklin R Fraley Jr

11:00 AM

6:15-11952


James Earl Chapman, Jr.


Chapter 13


#1.00 Motion For Order Denying Discharge And Dismissing Case EH     

Docket 277


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

James Earl Chapman Jr. Represented By Michael E Clark Barry E Borowitz

Movant(s):

Rod Danielson (TR) Pro Se

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:18-17605


Joseph N Duguay, II


Chapter 13


#2.00 Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to modify plan or suspend plan payments


EH     


Docket 105


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Joseph N Duguay II Represented By Andy C Warshaw

Movant(s):

Joseph N Duguay II Represented By Andy C Warshaw Andy C Warshaw

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10373


Malalage Malalasekera


Chapter 13


#3.00 Motion to vacate order Dismissing case with 180-day bar EH     

Docket 38


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Malalage Malalasekera Represented By Kevin Tang Michael Smith

Movant(s):

Malalage Malalasekera Represented By Kevin Tang Michael Smith

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-12172


Mary Joy Ebreo Balisi


Chapter 13


#4.00 Motion to Disallow Claim 4 re Department of the Treasury/Internal Revenue Service


EH     


Docket 17

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

5/7/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mary Joy Ebreo Balisi Represented By Dana Travis

Movant(s):

Mary Joy Ebreo Balisi Represented By Dana Travis Dana Travis Dana Travis Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-21074


Patrick E. Berry and Michelle L. Brown Berry


Chapter 13


#5.00 Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to modify plan or suspend plan payments


EH     


Docket 25


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Patrick E. Berry Represented By Terrence Fantauzzi

Joint Debtor(s):

Michelle L. Brown Berry Represented By Terrence Fantauzzi

Movant(s):

Patrick E. Berry Represented By Terrence Fantauzzi Terrence Fantauzzi

Michelle L. Brown Berry Represented By Terrence Fantauzzi Terrence Fantauzzi

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-18242


Roderick Harlan Friloux and Rebecca Andrade-Friloux


Chapter 13


#6.00 Motion to vacate dismissal EH     

Docket 40


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Roderick Harlan Friloux Represented By Tina H Trinh

Joint Debtor(s):

Rebecca Andrade-Friloux Represented By Tina H Trinh

Movant(s):

Roderick Harlan Friloux Represented By Tina H Trinh

Rebecca Andrade-Friloux Represented By Tina H Trinh Tina H Trinh Tina H Trinh

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-13146


Mark G Swartz and Elizabeth M Swartz


Chapter 13


#7.00 CONT Order to show cause why Claimant, The Bank of New York Mellon, as Successor Indenture Trustee, and Servicer, Specialized Loan Servicing LLC, Claim 5 should not be reduced


From: 11/7/19, 12/19/19, 2/20/20, 4/16/20


Also #8 & #9 EH     

Docket 52


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Mark G Swartz Represented By Joseph A Weber Fritz J Firman

Joint Debtor(s):

Elizabeth M Swartz Represented By Joseph A Weber Fritz J Firman

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-13146


Mark G Swartz and Elizabeth M Swartz


Chapter 13


#8.00 CONT Motion RE: Objection to Claim Number 5 by Claimant Specialized Loan Servicing LLC


From: 10/3/19, 11/7/19, 12/19/19, 2/20/20, 4/16/20


Also #7 & #9 EH         

Docket 44

Tentative Ruling:

10/3/2019

BACKGROUND:

On April 15, 2019, Mark & Elizabeth Swartz ("Debtors") filed a Chapter 13 voluntary petition. On June 21, 2019, The Bank of New York Mellon f/k/a The Bank of New York as successor Indenture trustee to JPMorgan Chase Bank, National Association for CWHEQ Revolving Home Equity Loan Trust, Series 2006-F ("Creditor") filed a proof of claim for a secured claim in the amount of $157,959.06 ("Claim 5").

On July 10, 2019, Debtors filed an objection to Claim 5. Debtors argued that the information filed in support of Claim 5 is inadequate pursuant to the Federal Rules of Bankruptcy Procedure, and that, as a result, Creditor has failed to meet its burden of proof. At the hearing of August 22, 2019, the Court noted that there appeared to be an error on the proof of service which resulted in Creditor’s notice address being misstated. For that reason, the Court continued the matter for proper service.

11:00 AM

CONT...

Mark G Swartz and Elizabeth M Swartz

Chapter 13

On August 30, 2019, Debtors filed a renewed objection to Claim 5. The Court notes that notice and service are now proper.

APPLICABLE LAW:

Pursuant to 11 U.S.C. § 502(a), a proof of claim is deemed allowed unless a party in interest objects. Absent an objection, a proof of claim constitutes prima facie evidence of the validity and amount of the claim under Federal Rule of Bankruptcy Procedure ("FRBP") 3001(f). See Lundell v. Anchor Constr. Specialists, Inc., 223 F.3d 1035, 1039 (9th Cir. 2000). When a party files an objection to a proof of claim, that filing "creates a dispute which is a contested matter" within the meaning of FRBP 9014 and the Court must resolve the matter after notice and opportunity for hearing upon a motion for relief. Id.

When a creditor has filed a proof of claim that complies with the rules (thereby giving rise to the presumption of validity), the burden shifts to the objecting party who must "present evidence to overcome the prima facie case." In re Medina, 205 B.R. 216, 222 (9th Cir. B.A.P. 1996). To defeat the claim, the objecting party must provide sufficient evidence and "show facts tending to defeat the claim by probative force equal to that of the allegations of the proofs of claim themselves." Lundell, 223 F.3d at 1039 (quoting In re Holm, 931 F.2d 620, 623 (9th Cir. 1991)). "The objector must produce evidence, which, if believed, would refute at least one of the allegations that is essential to the claim’s legal sufficiency." Lundell, 223 F.3d at 1040 (quoting In re Allegheny Int’l, Inc., 954 F.2d 167, 173-74 (3d Cir. 1992)). If the objecting party produces sufficient evidence to negate one or more of the sworn facts in the proof of claim, the burden reverts back to the claimant to prove the validity of the claim by a preponderance of the evidence. See In re Consol. Pioneer Mort, 178 B.R. 222, 226 (9th Cir. BAP 1995), aff’d, 91 F.3d 151 (9th Cir. 1996) (quoting Allegheny Int’l, 954 F.2d at 173-74). The ultimate burden of persuasion remains at all times on the

11:00 AM

CONT...

Mark G Swartz and Elizabeth M Swartz

Chapter 13

claimant. See Lundell, 223 F.3d at 1039; see also Holm, 931 F.2d at 623.

ANALYSIS:


11 U.S.C. § 502(b)(1) (2005) states:


  1. Except as provided in subsections (e)(2), (f), (g), (h) and (i) of this section, if such objection to a claim is made, the court, after notice and a hearing, shall determine the amount of such claim in lawful currency of the United States as of the date of the filing of the petition, and shall allow such claim in such amount, except to the extent that—


    1. such claim is unenforceable against the debtor and property of the debtor, under any agreement or applicable law for a reason other than because such claim is contingent or unmatured;


FED. R. BANKR. P. Rule 3001(c)(2) identifies certain required information that a claimant must attach to a proof of claim in order for the claim to be afforded prima facie validity. In particular, the Court notes that Rule 3001(c)(2)(A) and (C) provide requirements related to the itemization of non-principal amounts and escrow amounts, respectively.


The Court finds Debtors’ assertion that the supporting information is inadequate to be well-founded. The mortgage proof of claim attachment includes the following information. Part 2 identifies a principal balance of $98,982.98, interest due of

$55,486.25, and fees and costs of $3,489.83. Part 3 identifies a pre-petition arrears of

$87,692.60, of which $84,202.77 was principal and $3,489.83 was the aforementioned costs. And Part 4 asserts that the month payment includes $607.39 for principal and interest and $549.90 for escrow.

11:00 AM

CONT...


Mark G Swartz and Elizabeth M Swartz


Chapter 13


The two figures which do not appear to be justified in the supporting documentation are the $55,486.25 in interest and the $549.90 monthly payment for escrow. The Court notes that the loan payment history spreadsheet provided by Creditor does not contain any itemization for interest or escrow, and, furthermore, the entire column relating to accrued interest balance and accrued escrow balance is zeroed out.


Because Creditor has failed to separate principal, interest, and escrow, as directed by FED. R. BANKR. P. Rule 3001(c)(2), and, noting that Debtors have declared that there is no escrow account relating to the second mortgage, the Court is unable to determine the validity or amount of the prepetition default identified in column G of the loan payment history. The Court has also not been provided with any itemization or calculation of the interest amount, alleged to be $55,486.25.


As a result, the Court is inclined to reduce Claim 5 to $102,472.81, representing the principal balance and fees and costs due in part 2 of the loan payment history, with a prepetition arrearage amount of $0.


APPEARANCES REQUIRED.

Party Information

Debtor(s):

Mark G Swartz Represented By Joseph A Weber Fritz J Firman

Joint Debtor(s):

Elizabeth M Swartz Represented By Joseph A Weber Fritz J Firman

11:00 AM

CONT...

Movant(s):


Mark G Swartz and Elizabeth M Swartz


Chapter 13

Mark G Swartz Represented By Joseph A Weber Fritz J Firman

Elizabeth M Swartz Represented By Joseph A Weber Joseph A Weber Fritz J Firman Fritz J Firman

PYOD LLC Pro Se

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-13146


Mark G Swartz and Elizabeth M Swartz


Chapter 13


#9.00 CONT Confirmation of Chapter 13 Plan


From: 7/11/19, 8/22/19, 10/3/19, 11/7/19, 12/19/19, 2/20/20, 4/16/20


Also #7 & #8 EH      

Docket 15


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Mark G Swartz Represented By Joseph A Weber Fritz J Firman

Joint Debtor(s):

Elizabeth M Swartz Represented By Joseph A Weber Fritz J Firman

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10752


Paul Salgado and Paula Salgado


Chapter 13


#10.00 CONT Motion to Avoid Junior Lien with Specialized Loan Servicing LLC From: 4/30/20

Also #11 EH     

Docket 24


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Paul Salgado Represented By

Jenny L Doling

Joint Debtor(s):

Paula Salgado Represented By Jenny L Doling

Movant(s):

Paul Salgado Represented By

Jenny L Doling

Paula Salgado Represented By Jenny L Doling

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10752


Paul Salgado and Paula Salgado


Chapter 13


#11.00 CONT Confirmation of Chapter 13 Plan From: 4/30/20

Also #10 EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Paul Salgado Represented By

Jenny L Doling

Joint Debtor(s):

Paula Salgado Represented By Jenny L Doling

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10621


Erendira Belen Gonzalez


Chapter 13


#12.00 CONT Confirmation of Chapter 13 Plan From: 4/30/20

EH      


Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Erendira Belen Gonzalez Represented By Kevin Tang

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10794


Corey Jason Gomes


Chapter 13


#13.00 CONT Confirmation of Chapter 13 Plan From: 4/30/20

EH      


Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Corey Jason Gomes Represented By Norma Duenas

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11739


Miguel A. Ruelas and Yizel I. Ruelas


Chapter 13


#14.00 CONT Confirmation of Chapter 13 Plan From: 5/14/20

EH      


Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Miguel A. Ruelas Represented By Joseph A Weber Fritz J Firman

Joint Debtor(s):

Yizel I. Ruelas Represented By Joseph A Weber Fritz J Firman

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11949


Ramiro Delgado Flores, II


Chapter 13


#15.00 Confirmation of Chapter 13 Plan EH      

Docket 0

*** VACATED *** REASON: CASE DISMISSED 3/31/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ramiro Delgado Flores II Pro Se

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11968


Amayda Vanessa Palomares


Chapter 13


#16.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Amayda Vanessa Palomares Represented By

Timothy L McCandless

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11978


Robert Joseph Slapp, III


Chapter 13


#17.00 CONT Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate 34119 Galleron St., Temecula, CA 92592


MOVANT: ROBERT JOSEPH SLAPP, III


From: 4/14/20, 4/28/20, 5/19/20 Also #17.1

EH     


Docket 15


Tentative Ruling:

4/14/2020


Service: Proper Opposition: None


In this case, a statutory presumption of bad faith arises pursuant to11

U.S.C. § 362(c)(4)(D)(i)(I)-(II) because Debtor had (a) three bankruptcy cases dismissed in the previous year; and (b) had a case dismissed for failure to file requirement documents. Section 362(c)(4)

(D) requires that the statutory presumption of bad faith be rebutted by "clear and convincing evidence." Here, the evidence submitted to the Court merely implies that Debtor has a higher paying job now, without any detail describing the change in Debtor’s financial circumstances. As a result, the Court is inclined to CONTINUE the matter for Debtor to provide supplemental evidence.


APPEARANCES REQUIRED.

Party Information

11:00 AM

CONT...

Debtor(s):


Robert Joseph Slapp, III


Chapter 13

Robert Joseph Slapp III Represented By Nicholas M Wajda

Movant(s):

Robert Joseph Slapp III Represented By Nicholas M Wajda Nicholas M Wajda

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11978


Robert Joseph Slapp, III


Chapter 13


#17.10 Confirmation of Chapter 13 Plan


Also #17 EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Robert Joseph Slapp III Represented By Nicholas M Wajda

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-12101


Jon Thomas Smith and Tamara Dawn Smith


Chapter 13


#18.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jon Thomas Smith Represented By Dana Travis

Joint Debtor(s):

Tamara Dawn Smith Represented By Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-12105


Domingo Ramirez and Rocio Ramirez


Chapter 7


#19.00 Confirmation of Chapter 13 Plan EH      

Docket 0

*** VACATED *** REASON: CASE CONVERTED TO CHAPTER 7 ON 4/28/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Domingo Ramirez Represented By Jaime A Cuevas Jr.

Joint Debtor(s):

Rocio Ramirez Represented By Jaime A Cuevas Jr.

Trustee(s):

Todd A. Frealy (TR) Pro Se

11:00 AM

6:20-12107


Early Earl Nelms, Sr.


Chapter 13


#20.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Early Earl Nelms Sr. Represented By Julie J Villalobos

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10261


Humberto Picciotti


Chapter 13


#21.00 CONT Confirmation of Chapter 13 Plan From: 4/16/20

EH      


Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Humberto Picciotti Represented By Barry E Borowitz

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:17-16796


Lisa Tompkins


Chapter 13


#22.00 Trustee's Motion to Dismiss Case EH     

Docket 28


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Lisa Tompkins Represented By

James D. Hornbuckle

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:17-19614


Alfredo Manzo Arrieta and Mayte Hernandez- Arrieta


Chapter 13


#23.00 Trustee's Motion to Dismiss Case EH     

Docket 133


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Alfredo Manzo Arrieta Represented By Andy C Warshaw

Joint Debtor(s):

Mayte Hernandez- Arrieta Represented By Andy C Warshaw

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:18-10732


Calvin S. Winn and Diana M. Winn


Chapter 13


#24.00 Trustee's Motion to Dismiss Case EH     

Docket 81

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 5/26/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Calvin S. Winn Represented By Christopher J Langley Michael Smith

Joint Debtor(s):

Diana M. Winn Represented By Christopher J Langley Michael Smith

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:18-11476


Randy Saulsberry and Kimberly E May


Chapter 13


#25.00 Trustee's Motion to Dismiss Case EH     

Docket 54


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Randy Saulsberry Represented By David L Nelson

Joint Debtor(s):

Kimberly E May Represented By David L Nelson

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:18-16178


Eriberto A. Sandoval


Chapter 13


#26.00 Trustee's Motion to Dismiss Case EH     

Docket 81


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Eriberto A. Sandoval Represented By Christopher J Langley Michael Smith

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:18-19494


Rachel Ann Sullivan


Chapter 13


#27.00 Trustee's Motion to Dismiss Case EH     

Docket 75


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Rachel Ann Sullivan Represented By Chris A Mullen

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:18-19696


Corinthia A. Williams


Chapter 13


#28.00 Trustee's Motion to Dismiss Case EH     

Docket 76


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Corinthia A. Williams Represented By Christopher J Langley Michael Smith

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-10001


Jose Diaz and Betty Diaz


Chapter 13


#29.00 Trustee's Motion to Dismiss Case EH     

Docket 51


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jose Diaz Represented By

Nima S Vokshori

Joint Debtor(s):

Betty Diaz Represented By

Nima S Vokshori

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-10484


Xavier C. Luna


Chapter 13


#30.00 Trustee's Motion to Dismiss Case EH     

Docket 67

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 5/26/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Xavier C. Luna Represented By Christopher J Langley Michael Smith

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-13706


Salem Eid Massoud


Chapter 13


#31.00 Trustee's Motion to Dismiss Case EH     

Docket 26


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Salem Eid Massoud Represented By Andrew Nguyen

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-15353


Donald Ray Levier, Jr. and Antoinette Marie Levier


Chapter 13


#32.00 Trustee's Motion to Dismiss Case EH     

Docket 48

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 5/21/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Donald Ray Levier Jr. Represented By

D Justin Harelik

Joint Debtor(s):

Antoinette Marie Levier Represented By

D Justin Harelik

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-15665


Kenyaita Denise Washington


Chapter 13


#33.00 Trustee's Motion to Dismiss Case EH     

Docket 44


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Kenyaita Denise Washington Represented By Norma Duenas

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-15695


Jose Manuel Urena-Hernandez and Veronica Galvez


Chapter 13


#34.00 CONT Trustee's Motion to Dismiss Case From: 4/30/20

EH     


Docket 33


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jose Manuel Urena-Hernandez Represented By Michael E Clark Barry E Borowitz

Joint Debtor(s):

Veronica Galvez Represented By Michael E Clark Barry E Borowitz

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-15963


Ramon H. Ventura, Jr. and Clementine Ventura


Chapter 13


#35.00 CONT Trustee's Motion to Dismiss Case From: 4/30/20

EH     


Docket 42

*** VACATED *** REASON: ORDER TO MODIFY PLAN FILED 5/18/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ramon H. Ventura Jr. Represented By Gregory Ashcraft

Joint Debtor(s):

Clementine Ventura Represented By Gregory Ashcraft

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-16772


Grace Gonzales


Chapter 13


#36.00 Trustee's Motion to Dismiss Case EH         

Docket 39

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 5/26/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Grace Gonzales Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-17992


Judy May Wells


Chapter 13


#37.00 Trustee's Motion to Dismiss Case EH     

Docket 72


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Judy May Wells Represented By David L Nelson

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-18003


Ruben Macias and Carmen Macias


Chapter 13


#38.00 Trustee's Motion to Dismiss Case EH     

Docket 41

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 5/21/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ruben Macias Represented By Dana Travis

Joint Debtor(s):

Carmen Macias Represented By Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-18372


Margarito Horta


Chapter 13


#39.00 Trustee's Motion to Dismiss Case EH     

Docket 34


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Margarito Horta Represented By

James D. Hornbuckle

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-19109


Brian Erik May and Lizabeth Marie Smith


Chapter 13


#40.00 Trustee's Motion to Dismiss Case EH     

Docket 26


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Brian Erik May Represented By Sundee M Teeple

Joint Debtor(s):

Lizabeth Marie Smith Represented By Sundee M Teeple

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-20154


Bridgette Donnais Turner


Chapter 13


#41.00 Trustee's Motion to Dismiss Case EH     

Docket 38


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Bridgette Donnais Turner Represented By Joshua L Sternberg

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:20-10875


Lakendra Johnson


Chapter 13


#42.00 Trustee's Motion to Dismiss Case EH     

Docket 27

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 5/21/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Lakendra Johnson Represented By Neil R Hedtke

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-14735


Trinen Arniese Pratt


Chapter 13


#43.00 Trustee's Motion to Dismiss Case EH     

Docket 68

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 5/21/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Trinen Arniese Pratt Represented By

Rabin J Pournazarian

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-17376


Delbert S. May


Chapter 7


#44.00 Trustee's Motion to Dismiss Case EH     

Docket 22

*** VACATED *** REASON: CASE CONVERTED TO CH 7 ON 5/28/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Delbert S. May Represented By Gregory Ashcraft

Trustee(s):

Arturo Cisneros (TR) Pro Se

11:01 AM

6:18-13908


William Bennett Averett and Nora Lee Averett


Chapter 13


#45.00 Trustee's Motion to Dismiss Case EH     

Docket 50

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 5/26/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

William Bennett Averett Represented By John D Monte

Joint Debtor(s):

Nora Lee Averett Represented By John D Monte

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:18-20008


Catalina J Alvarez


Chapter 13


#46.00 Trustee's Motion to Dismiss Case EH     

Docket 50

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 5/26/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Catalina J Alvarez Represented By Julie J Villalobos

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:18-16105


John David Kraus


Chapter 13


#47.00 Trustee's Motion to Dismiss Case EH     

Docket 31


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

John David Kraus Represented By Nicholas M Wajda

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:16-15914


Maria Aurora Chaidez Grajeda


Chapter 13


#48.00 Trustee's Motion to Dismiss Case EH     

Docket 60


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Maria Aurora Chaidez Grajeda Represented By Nicholas M Wajda

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:17-10787


Willie J Brooks


Chapter 13


#49.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 12898 Rock Crest Lane, Pomona, CA 91709


MOVANT: U.S. BANK NATIONAL ASSOCIATION


From: 4/21/20, 4/30/20 EH     

Docket 74

Tentative Ruling: Tentative Ruling:

4/21/20


Service: Proper Opposition: None

Parties to update Court on status of adequate protection discussions, if any. APPEARANCES REQUIRED.

Party Information

Debtor(s):

Willie J Brooks Represented By Kevin Tang

Movant(s):

U.S BANK NATIONAL Represented By Sean C Ferry Theron S Covey

2:00 PM

CONT...


Trustee(s):


Willie J Brooks


Eric P Enciso


Chapter 13

Rod Danielson (TR) Pro Se

11:00 AM

6:20-12027


Dana Edward Pettus and Andrea Lynn Doster


Chapter 13


#1.00 CONT Confirmation of Chapter 13 Plan From: 5/14/20

EH      


Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Dana Edward Pettus Represented By

Raj T Wadhwani

Joint Debtor(s):

Andrea Lynn Doster Represented By

Raj T Wadhwani

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11063


Luis Fernando Narvaez Escoto


Chapter 13


#2.00 CONT Confirmation of Chapter 13 Plan From: 4/30/20, 5/14/20

EH      


Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Luis Fernando Narvaez Escoto Represented By Todd L Turoci

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-12336


Susan F Fontecha


Chapter 13


#3.00 Confirmation of Chapter 13 Plan EH      

Docket 0

*** VACATED *** REASON: CASE DISMISSED 5/5/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Susan F Fontecha Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-12311


Russell P Eves and Lupita Eves


Chapter 13


#4.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Russell P Eves Represented By Daniel C Sever

Joint Debtor(s):

Lupita Eves Represented By

Daniel C Sever

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-12307


Pamela M Bradford


Chapter 13


#5.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Pamela M Bradford Represented By

James D. Hornbuckle

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-12298


Christian Howard


Chapter 13


#6.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Christian Howard Represented By Nicholas M Wajda

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-12288


Nambi Chandrakasan


Chapter 13


#7.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Nambi Chandrakasan Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-12264


Maria Toscano Lawes


Chapter 13


#8.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Maria Toscano Lawes Represented By William J Smyth

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-12194


Claudia P. Contreras


Chapter 13


#9.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Claudia P. Contreras Represented By Daniel C Sever

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-12183


John Anthony Percell


Chapter 13


#10.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

John Anthony Percell Represented By Daniel King

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-12172


Mary Joy Ebreo Balisi


Chapter 13


#11.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Mary Joy Ebreo Balisi Represented By Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-12151


Armando Guzman


Chapter 13


#12.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Armando Guzman Represented By Daniel King

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-12101


Jon Thomas Smith and Tamara Dawn Smith


Chapter 13


#13.00 Motion to Disallow Claims number 11 EH     

Docket 22

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 5/15/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jon Thomas Smith Represented By Dana Travis

Joint Debtor(s):

Tamara Dawn Smith Represented By Dana Travis

Movant(s):

Jon Thomas Smith Represented By Dana Travis Dana Travis

Tamara Dawn Smith Represented By Dana Travis Dana Travis Dana Travis Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-12774


Jimmie Moore, II


Chapter 13


#14.00 Motion for order determining value of collateral EH     

Docket 14

Tentative Ruling:

6/4/20

BACKGROUND


On April 13, 2020, Jimmie Moore ("Debtor") filed a Chapter 13 voluntary petition. Among the assets of the estate is a 2017 Kia Sportage (the "Property"). Pursuant to Claim 7 First Investors Servicing Corporation ("Creditor") holds a secured claim against the Property. Claim 7 identifies the total claim and the secured value of Claim 7 as $23,120.33.


On May 12, 2020, Debtor filed a motion to value the Property. Debtor asserts that the Property should be valued at $13,452. The Court also notes that the motion to value was filed before Creditor filed Claim 7, and the motion to value lists a total claim amount of $25,362.


DISCUSSION



One of the benefits of filing a Chapter 13 bankruptcy is that under § 506(a) the debtor can bifurcate a secured, unavoidable debt, with one part representing the amount of the value of the collateral, and the deficiency being treated as an unsecured claim. See

11:00 AM

CONT...


Jimmie Moore, II


Chapter 13

In re Penrod, 636 F.3d 1175, 1177 (9th Cir. 2011).


Presently, the Ninth Circuit has not established a uniform method for valuations. See In re Ayres, 2010 WL 652825 at *5 (Bankr. N.D. Cal. 2010) (collecting cases detailing vehicle valuation and describing the state of the law in the Ninth Circuit). In In re Morales, however, which this Court has previously cited with approval, it was determined that value should be calculated "by adjusting the Kelley Blue Book or

N.A.D.A. Guide retail value for a like vehicle by a reasonable amount in light of the evidence presented regarding the condition of the vehicle or any other relevant factors." In re Morales, 387 B.R. 36, 45 (Bankr.C.D.Cal.2008).


According to the court in In re Morales, the retail values, and not the private party values, are the appropriate starting points because the text of § 506(a)(2) refers to "the price a retail merchant would charge" and does not refer to the price a private party would charge. Morales at 46.


Here, Debtor has provided a Kelly Blue Book report identifying the "trade-in value" retail value of the Property. The Court cannot conclude that the Kelly Blue Book report provided is sufficient to allow the Court to determine the Property’s "retail value."


Tentative Ruling:



The Court is inclined to DENY the motion or CONTINUE the matter for Debtor to provide supplemental evidence.


APPEARANCES REQUIRED.


Party Information

11:00 AM

CONT...

Debtor(s):


Jimmie Moore, II


Chapter 13

Jimmie Moore II Represented By Nancy Korompis

Movant(s):

Jimmie Moore II Represented By Nancy Korompis

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11621


Walter Hunter, Jr


Chapter 13


#15.00 Motion/Application to file Information Under Seal in Response to Trustee's Motion to Dismiss


EH     


Docket 36


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Walter Hunter Jr Pro Se

Movant(s):

Walter Hunter Jr Pro Se

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-12476


Thomas Anthony Aguna, Sr. and Sandra Leane Aguna


Chapter 13


#16.00 Motion to Disallow Claim number 1 re Department of the Treasury/Internal Revenue Service


EH     


Docket 19

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

5/9/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Thomas Anthony Aguna Sr. Represented By Dana Travis

Joint Debtor(s):

Sandra Leane Aguna Represented By Dana Travis

Movant(s):

Thomas Anthony Aguna Sr. Represented By Dana Travis Dana Travis

Sandra Leane Aguna Represented By Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-20532


Yan Zhang


Chapter 13


#17.00 Motion RE: Objection to Claim Number 2 by Claimant Zurich American Insurance


EH     


Docket 43

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 5/28/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Yan Zhang Represented By

Ramiro Flores Munoz

Movant(s):

Yan Zhang Represented By

Ramiro Flores Munoz Ramiro Flores Munoz

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:15-11952


James Earl Chapman, Jr.


Chapter 13


#18.00 CONT Motion for Determination of Final Cure and Mortgage Payment re: Rule 3002.1


From: 5/14/20 Also #19 & #20 EH     

Docket 271


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

James Earl Chapman Jr. Represented By Michael E Clark Barry E Borowitz

Movant(s):

James Earl Chapman Jr. Represented By Michael E Clark Barry E Borowitz

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:15-11952


James Earl Chapman, Jr.


Chapter 13


#19.00 Amended Motion (related document(s): 271 Motion for Determination of Final Cure and Mortgage Payment re: Rule 3002.1


Also #18 & #20 EH     

Docket 285


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

James Earl Chapman Jr. Represented By Michael E Clark Barry E Borowitz

Movant(s):

James Earl Chapman Jr. Represented By Michael E Clark Barry E Borowitz

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:15-11952


James Earl Chapman, Jr.


Chapter 13


#20.00 CONT Motion For Order Denying Discharge And Dismissing Case From: 5/28/20

Also #18 & #19 EH     

Docket 277


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

James Earl Chapman Jr. Represented By Michael E Clark Barry E Borowitz

Movant(s):

Rod Danielson (TR) Pro Se

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-10934


Jorge Ramirez and Evelia Ramirez


Chapter 13


#21.00 Trustee's Motion to Dismiss Case EH     

Docket 49

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

6/2/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jorge Ramirez Represented By Christopher J Langley Michael Smith

Joint Debtor(s):

Evelia Ramirez Represented By Christopher J Langley Michael Smith

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:18-17204


Justo Ocegueda


Chapter 13


#22.00 Trustee's Motion to Dismiss Case EH     

Docket 46


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Justo Ocegueda Represented By Lionel E Giron

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:15-13218


Ramiro J Cruz and Norma Idalia Cruz


Chapter 13


#1.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 43375 Madison Street, Indio, CA 92201


MOVANT: HSBC BANK USA NATIONAL ASSOCIATION


EH     


Docket 153


Tentative Ruling:

6/9/2020


Service: Proper Opposition: Yes


The Court is inclined to:


Parties to apprise Court of status of arrears and adequate protection discussions, if any.


APPEARANCES REQUIRED.

Party Information

Debtor(s):

Ramiro J Cruz Represented By Summer M Shaw

Joint Debtor(s):

Norma Idalia Cruz Represented By Summer M Shaw

Movant(s):

HSBC Bank USA, National Represented By Darlene C Vigil

11:00 AM

CONT...


Trustee(s):


Ramiro J Cruz and Norma Idalia Cruz

Gilbert R Yabes


Chapter 13

Rod Danielson (TR) Pro Se

11:00 AM

6:18-14149


Alfredo Pena and Veronica Pena


Chapter 13


#2.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2013 TOYOTA TUNDRA


MOVANT: TOYOTA MOTOR CREDIT CORPORATION


From: 4/14/20 EH     

Docket 50


Tentative Ruling:

4/14/2020


Service: Proper Opposition: Yes

Parties to apprise Court of status of adequate protection discussions. APPEARANCES REQUIRED.

Party Information

Debtor(s):

Alfredo Pena Represented By

Dana Travis Milton Williams

Joint Debtor(s):

Veronica Pena Represented By Dana Travis

Movant(s):

Toyota Motor Credit Corporation Represented By

Austin P Nagel

11:00 AM

CONT...


Trustee(s):


Alfredo Pena and Veronica Pena


Kirsten Martinez


Chapter 13

Rod Danielson (TR) Pro Se

11:00 AM

6:19-11710


Heather Ann Pessoa Bond


Chapter 13


#3.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 2109 Old Bridge Rd, Riverside, CA 92506


MOVANT: HSBC BANK USA, N.A.


From: 4/28/20 EH     

Docket 104

*** VACATED *** REASON: CASE DISMISSED 5/14/20

Tentative Ruling:

4/28/2020


Service: Proper Opposition: None


11 U.S.C. § 362(c)(3)(A) provides that


  1. if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding 1-year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under section 707(b) –

    1. the stay under subsection (a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case;


Here, Debtor had a previous Chapter 13 case dismissed on April 27, 2018, less than one year before the instant case was filed. Debtor not having calendared a motion to continue the automatic stay, the automatic stay expired on April 3, 2019. Therefore,

11:00 AM

CONT...


Heather Ann Pessoa Bond


Chapter 13

the automatic stay no longer being in effect, the Court is inclined to DENY the motion as MOOT.


APPEARANCES REQUIRED.

Party Information

Debtor(s):

Heather Ann Pessoa Bond Represented By Matthew D. Resnik

Movant(s):

HSBC BANK USA, N.A. Represented By Eric P Enciso Sean C Ferry

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-14560


Raymond Norman Lauzon and Pamela Ann Lauzon


Chapter 13


#4.00 Notice of motion and motion for relief from automatic stay with supporting declarations ACTION IN NON-BANKRUPTCY FORUM RE: Insurance Proceeds RE: 2017 FORD ESCAPE, VIN 1FMCU9J9XHUD54160


MOVANT: CAB WEST LLC


EH     


Docket 56


Tentative Ruling:

6/9/2020


Service: Proper Opposition: None


The Court is inclined to:



APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

Debtor(s):

Raymond Norman Lauzon Represented By Dana Travis

Joint Debtor(s):

Pamela Ann Lauzon Represented By Dana Travis

11:00 AM

CONT...

Movant(s):


Raymond Norman Lauzon and Pamela Ann Lauzon


Chapter 13

Cab West, LLC Represented By Sheryl K Ith

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-15348


Bryan Lee Tendal Duke and Gary Thomas Hackett


Chapter 7


#5.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2017 Land Rover Range Rover Sport; VIN No. SALWG2FK9HA127368


MOVANT: USB LEASING LT


EH     


Docket 30


Tentative Ruling:

6/9/2020


Service: Proper Opposition: None


11 U.S.C. § 365(p) provides:


  1. If a lease of personal property is rejected or not timely assumed by the trustee under subsection (d), the leased property is no longer property of the estate and the stay under section 362(a) is automatically terminated.


11 U.S.C. § 365(d) provides:


  1. In a case under chapter 7 of this title, if the trustee does not assume or reject an executory contract or unexpired lease of residential real property or of personal property of the debtor within 60 days after the order for relief, or within such additional time as the court, for cause, within such 60-day period, fixes, then such contract or lease is deemed rejected.


Here, the Trustee did not reject or timely assume the lease of the

11:00 AM

CONT...


Bryan Lee Tendal Duke and Gary Thomas Hackett


Chapter 7

personal property at issue. As such, the leased property is no longer property of the estate and the automatic stay has been terminated as a matter of law pursuant to 11 U.S.C. § 365(p). Therefore, the Court is inclined to DENY the motion as MOOT.


APPEARANCES REQUIRED.

Party Information

Debtor(s):

Bryan Lee Tendal Duke Represented By

H. Christopher Heritage

Joint Debtor(s):

Gary Thomas Hackett Represented By

H. Christopher Heritage

Movant(s):

USB Leasing LT Represented By Robert P Zahradka

Trustee(s):

Todd A. Frealy (TR) Pro Se

11:00 AM

6:19-19914


Larry D Sanders and Veronica D Sanders


Chapter 13


#6.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2018 Ford Fusion, VIN: 3FA6P0PU8JR187249


MOVANT: FORD MOTOR CREDIT COMPANY LLC


EH     


Docket 38

*** VACATED *** REASON: ORDER ENTERED 5/15/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Larry D Sanders Represented By Paul Y Lee

Joint Debtor(s):

Veronica D Sanders Represented By Paul Y Lee

Movant(s):

Ford Motor Credit Company LLC Represented By

Sheryl K Ith

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11063


Luis Fernando Narvaez Escoto


Chapter 13


#7.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 27514 Spring Street, Perris, CA 92570; APN 345-060-033-6


MOVANT: JESUS AND MARYLOU MOYA


From: 5/26/20 EH     

Docket 24


Tentative Ruling:

5/26/2020


Service: Improper Opposition: None


Parties to apprise the Court of the status of arrears, if any, and the status of the insurance policy.


APPEARANCES REQUIRED.

Party Information

Debtor(s):

Luis Fernando Narvaez Escoto Represented By Todd L Turoci

Movant(s):

Jesus Moya Represented By

Mark A Mellor

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11501


Rebecca R Banuelos


Chapter 7


#8.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 2432 Bradford Ave., Highland, California 92346


MOVANT: U.S. BANK TRUST NATIONAL ASSOCIATION


EH     


Docket 34


Tentative Ruling:

6/9/2020


Service is Proper Opposition: None


The Court is inclined to:


-GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2)

-GRANT waiver of Rule 4001(a)(3) stay

-GRANT requests under ¶¶ 2 and 3.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

Debtor(s):

Rebecca R Banuelos Represented By Julie J Villalobos

Movant(s):

U.S. Bank Trust National Represented By

Erin M McCartney

11:00 AM

CONT...

Trustee(s):


Rebecca R Banuelos


Chapter 7

Karl T Anderson (TR) Pro Se

11:00 AM

6:20-11815


John A Hermosillo, Jr.


Chapter 7


#9.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 13029 ENRIQUE GOMEZ LN, El Paso, TX, 79938 UNDER 11 U.S.C. § 362.


MOVANT: FREEDOM MORTGAGE CORPORATION


EH     


Docket 13


Tentative Ruling:

6/9/2020

Service: Proper Opposition: None

The court is inclined to:


-GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1).


-DENY request for relief pursuant to 11 U.S.C. § 362(d)(2) for failure to properly assert grounds on page 4 of motion.


-GRANT waiver of Rule 4001(a)(3) stay.


-GRANT request for relief under ¶ 2.


APPEARANCES REQUIRED.


Party Information

Debtor(s):

John A Hermosillo Jr. Represented By Raymond Perez

11:00 AM

CONT...

Movant(s):


John A Hermosillo, Jr.


Chapter 7

Freedom Mortgage Corporation Represented By

Dane W Exnowski

Trustee(s):

Howard B Grobstein (TR) Pro Se

11:00 AM

6:20-12706


Demitrios Foster and Natesha Eileen Ellis


Chapter 7


#10.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2014 Ford Flex, VIN: 2FMGK5C84EBD31950


MOVANT: FORD MOTOR CREDIT COMPANY LLC


EH     


Docket 13


Tentative Ruling:

6/9/2020


Service: Proper Opposition: None


The Court is inclined to:


-GRANT relief from stay pursuant to 11 U.S.C. §§ 362(d)(1) and (2)

-GRANT waiver of Rule 4001(a)(3) stay

-GRANT request under ¶ 2

-DENY alternative request under ¶ 11 as moot.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

Debtor(s):

Demitrios Foster Represented By Chris A Mullen

Joint Debtor(s):

Natesha Eileen Ellis Represented By Chris A Mullen

11:00 AM

CONT...

Movant(s):


Demitrios Foster and Natesha Eileen Ellis


Chapter 7

Ford Motor Credit Company LLC Represented By

Sheryl K Ith

Trustee(s):

Arturo Cisneros (TR) Pro Se

11:00 AM

6:20-13425


Margarito Martinez


Chapter 13


#11.00 Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate Real Property


MOVANT: MARGARITO MARTINEZ


EH     


Docket 10


Tentative Ruling:

6/9/2020


Service: Proper Opposition: None


Debtor to explain the source of the $10,000 plan step-up payment in month 13. Also, the Court notes that Counsel’s reasons for not opposing the motion to dismiss – lack of internet and miscalendaring the filing – appear inconsistent.


APPEARANCES REQUIRED.

Party Information

Debtor(s):

Margarito Martinez Represented By Michael Smith

Movant(s):

Margarito Martinez Represented By Michael Smith

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-13426


Joseph R. Hernandez


Chapter 13


#12.00 Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate Real Property


MOVANT: JOSEPH HERNANDEZ


EH     


Docket 10


Tentative Ruling:

6/9/2020


Service: Improper Opposition: None


In this case, a statutory presumption of bad faith arises pursuant to11

U.S.C. § 362(c)(4)(D)(i)(I) because Debtor had two bankruptcy cases dismissed in the previous year. Section 362(c)(4)(D) requires that the statutory presumption of bad faith be rebutted by "clear and convincing evidence." As to the 2018 case, Debtor intended to prove that there was a change in his personal situation pursuant to 11 U.S.C. § 362(c)(4)(D) (i)(III). Nevertheless, Debtor failed to provide any evidence relevant to prove his expenses as he alleged that he did not save receipts and bank statements in his declaration. The Court notes Debtor can contact the hotel and request copies of receipts. As to the 2019 case, Debtor did not provide any information whatsoever regarding how much his income was reduced or how much money he earned when he was employed at Pepsi and Amazon after he was terminated from Food For Less. In addition, the evidence submitted to the Court merely show that his situation was improved partly because he was receiving the unemployment benefits which is a temporary benefit, nor is there evidence of reconciliation between Debtor and his wife. Last, the proof of service is dated October 2020. Therefore, the Court is inclined to DENY the request to impose the stay as to all creditors.

11:00 AM

CONT...


Joseph R. Hernandez


Chapter 13


APPEARANCES REQUIRED.

Party Information

Debtor(s):

Joseph R. Hernandez Represented By Michael Smith

Movant(s):

Joseph R. Hernandez Represented By Michael Smith

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:17-15816


Integrated Wealth Management Inc


Chapter 11

Adv#: 6:19-01177 Issa v. Pisano


#13.00 CONT Status Conference RE: [1] Adversary case 6:19-ap-01177. Complaint by

J. Michael Issa against Anthony Pisano. (13 (Recovery of money/property - 548 fraudulent transfer)) (Ignatuk, Joseph)


From: 2/25/20, 4/28/20 EH     

Docket 1

*** VACATED *** REASON: CONTINUED TO 7/21/20 AT 2:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Integrated Wealth Management Inc Represented By

Andrew B Levin Robert E Opera Jim D Bauch

Defendant(s):

Anthony Pisano Represented By Scott P Schomer

Plaintiff(s):

J. Michael Issa Represented By Joseph R Ignatuk

2:00 PM

6:19-21185


Sunyeah Group Corporation


Chapter 11


#14.00 Motion To Allow and Compel Payment of Administrative Claim EH     

Docket 94


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Sunyeah Group Corporation Represented By David B Golubchik Jeffrey S Kwong

Movant(s):

Kippartners, L.P. Represented By Sean A OKeefe

10:00 AM

6:20-10895


Daniel Angel Ramirez


Chapter 7


#1.00 Pro se Reaffirmation Agreement Between Debtor and TD Auto Finance LLC re 2017 Nissan Rogue


EH     


Docket 12


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Daniel Angel Ramirez Represented By

Glenn Ward Calsada

Trustee(s):

Arturo Cisneros (TR) Pro Se

10:00 AM

6:20-11810


Martha Valencia


Chapter 7


#2.00 Pro se Reaffirmation Agreement Between Debtor and LBS Financial Credit Union re 2014 Ford Mustang


EH     


Docket 10


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Martha Valencia Pro Se

Trustee(s):

Robert Whitmore (TR) Pro Se

10:00 AM

6:20-12055


Nancy Luella Dobson


Chapter 7


#3.00 Reaffirmation Agreement Between Debtor and Nissan Motor Acceptance Corporation re 2016 Nissan Sentra


EH     


Docket 13


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Nancy Luella Dobson Pro Se

Trustee(s):

Arturo Cisneros (TR) Pro Se

10:00 AM

6:20-12483


Amanda Bautz


Chapter 7


#4.00 Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation re 2015 Toyota Corolla


EH     


Docket 10


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Amanda Bautz Represented By Terrence Fantauzzi

Trustee(s):

Charles W Daff (TR) Pro Se

10:00 AM

6:20-12627


Ivette Aracely Galdamez


Chapter 7


#5.00 Reaffirmation Agreement Between Debtor and 21st Mortgage Corporation re 1974 Skyline Manufacture Home


EH     


Docket 10


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Ivette Aracely Galdamez Represented By Frank J Alvarado

Trustee(s):

Larry D Simons (TR) Pro Se

10:00 AM

6:20-13028


Trevin Neil Island and Sekiena N Wynn


Chapter 7


#6.00 Reaffirmation Agreement Between Debtor and Altura Credit Union re 2013 Kia Optima


EH     


Docket 11


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Trevin Neil Island Represented By Daniel King

Joint Debtor(s):

Sekiena N Wynn Represented By Daniel King

Trustee(s):

Todd A. Frealy (TR) Pro Se

11:00 AM

6:16-11635


Sam Daniel Dason and Greeta Sam Dason


Chapter 7


#7.00 Notice of Trustee's Final Report and Applications for Compensation EH     

Docket 217


Tentative Ruling:

6/10/2020

No opposition has been filed. Service was Proper.


The applications for compensation of the Trustee, Counsel for the Trustee, and Accountant for the Trustee have been set for hearing on the notice required by LBR 2016-1. Pursuant to the Trustee's Final Report and the applications of the associated professionals, the Court is inclined to APPROVE the following administrative expenses:


Trustee Fees: $ 87,561.68

Trustee Expenses: $ 1,690.97


Attorney Fees: $ 7,886.50

Attorney Costs: $ 714.85


The Court notes that the accountant fees and costs appear excessive. The Court is inclined to CONTINUE the matter for the accountant to provide supplemental evidence, including the original and amended 2017 and 2018 tax returns, the 2019 tax returns, the prompt determination letters, and any other analyses prepared by acountant that the Court should consider, in support of the requested fees.


APPEARANCES WAIVED EXCEPT AS TO ACCOUNTANT. If written or oral

opposition is presented at the hearing, the hearing may be continued. Trustee to lodge order within 7 days.

Party Information

11:00 AM

CONT...

Debtor(s):


Sam Daniel Dason and Greeta Sam Dason


Chapter 7

Sam Daniel Dason Represented By Robert G Uriarte

Joint Debtor(s):

Greeta Sam Dason Represented By Robert G Uriarte

Trustee(s):

Lynda T. Bui (TR) Represented By Brett Ramsaur

11:00 AM

6:17-19042


Trending Up


Chapter 7


#8.00 Notice of Trustee's Final Report and Applications for Compensation EH     

Docket 34


Tentative Ruling:

6/10/2020

No opposition has been filed. Service was Proper.


The application for compensation of the Trustee has been set for hearing on the notice required by LBR 2016-1. Pursuant to the Trustee's Final Report, the Court is inclined to APPROVE the following administrative expenses:


Trustee Fees: $ 3,150 Trustee Expenses: $ 298.12


Franchise Tax Board: $1,748.42 Court Charges: $300.00


APPEARANCES WAIVED. If written or oral opposition is presented at the hearing, the hearing may be continued. Trustee to lodge order within 7 days.

Party Information

Debtor(s):

Trending Up Represented By

Daniel King

Trustee(s):

Larry D Simons (TR) Pro Se

11:00 AM

6:17-20092


Mark Bastorous and Bernadette Shenouda


Chapter 7


#9.00 Application to Employ Weiland Golden Goodrich LLP as Attorneys to Chapter 7


EH         


Docket 177


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Mark Bastorous Represented By Thomas F Nowland

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Movant(s):

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

Trustee(s):

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

11:00 AM

6:20-13042


Kayla Snyder


Chapter 7


#10.00 Order to show cause re dismissal for failure to comply with rule 1006(B) installments


EH     


Docket 15

*** VACATED *** REASON: INSTALLMENT FEE PAID 5/20/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Kayla Snyder Pro Se

Trustee(s):

Steven M Speier (TR) Pro Se

11:00 AM

6:20-12497


Juan R. Garcia and Lorena I. Garcia


Chapter 7


#11.00 Motion to Avoid Property Lien with Credit Acceptance Corporation EH     

Docket 8


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Juan R. Garcia Represented By Keith Q Nguyen

Joint Debtor(s):

Lorena I. Garcia Represented By Keith Q Nguyen

Movant(s):

Juan R. Garcia Represented By Keith Q Nguyen Keith Q Nguyen Keith Q Nguyen

Lorena I. Garcia Represented By Keith Q Nguyen Keith Q Nguyen

Trustee(s):

Larry D Simons (TR) Pro Se

11:00 AM

6:20-12606


Hector Meza and Ruth Meza


Chapter 7


#12.00 Motion objecting to debtors' exemptions EH     

Docket 18

Tentative Ruling:

6/10/2020

BACKGROUND


On April 2, 2020, Hector & Ruth Meza ("Debtors") filed a Chapter 7 voluntary petition. Among the assets of the estate is certain real property located at 16602 Colonial Dr., Fontana, CA 92336 (the "Property").


On May 5, 2020, Trustee filed a no-asset report. The next day, Trustee filed an objection to Debtor’s claimed homestead exemption. Trustee argues that Debtor has not established that she is entitled to claim the increased homestead exemption set forth in CAL. CODE CIV. P. § 704.730(a)(3)(B).


DISCUSSION



  1. Burden of Proof


    The initial burden is on the objecting party:

    11:00 AM

    CONT...


    Hector Meza and Ruth Meza


    Chapter 7


    As the Supreme Court has recognized, bankruptcy exemptions are authorized and regulated by Congress in § 522 of the Bankruptcy Code. Although state law may control the ‘nature and extent’ of state law exemptions, subject to the limitations set forth in the Bankruptcy Code, the manner in which such exemptions are to be claimed, set apart, and awarded, is regulated and determined by the federal courts, as a matter of procedure in the court of bankruptcy administration, as to which they are not bound or limited by state decisions or statutes. Because Congress has regulated the allowance of exemptions in bankruptcy, the Code and Rules may alter burdens of proof relating to exemptions, even if those burdens are part of the "substantive" rights under state law. In implementing the provisions of § 522(l), Rule 4003(c) places the burden of proof on the objecting party.


    In re Nicholson, 435 B.R. 622, 633 (B.A.P. 9th Cir. 2010) (partially abrogated on other grounds). In support of the above excerpt, In re Nicholson cited the Supreme Court’s statement that "Congress of course may do what it likes with entitlements in bankruptcy," and the Advisory Committee Note to Rule 4003(c) which states that "This rule is derived from § 522(l) of the Code." Id.; see also 9 COLLIER’S ON BANKRUPTCY ¶ 4003.04 (16th ed. 2019) ("[T]he better-reasoned decisions recognize that the rule simply reflects the burden placed on an objector by section 522(l), a federal statute that overrides state law on this issue under the Supremacy Clause.").


    As outlined below, the Court concludes that the presence of a legitimate argument that FED. R. BANKR. P. Rule 4003(c) is still valid forces this Court to continue applying the rule.


    The Supreme Court drafts the Federal Rules of Bankruptcy Procedure. Raleigh v. Ill. Dep’t of Revenue, 530 U.S. 15 (2000) was decided in 2000, so the Supreme Court has had nineteen years, during which time there have been many rule changes, to modify or eliminate FED. R. BANKR. P. Rule 4003(c). It has not done so. Additionally, the Supreme Court, in Raleigh, stated that the burden of proof has long been considered "substantive" --- citing pre-World War 2 cases in support of the proposition. Those

    11:00 AM

    CONT...


    Hector Meza and Ruth Meza


    Chapter 7

    cases long predate FED. R. BANKR. P. Rule 4003(c), yet the Supreme Court drafted the rule despite the presence of those cases. Given these observations and the ambiguity regarding the continuing validity of FED. R. BANKR. P. Rule 4003(c), this Court would be remiss to invalidate a binding rule of bankruptcy procedure on the basis that the Supreme Court violated its own caselaw. This is especially so when, to this Court’s knowledge, every Court of Appeal that has cited the burden of proof for an objection to a homestead exemption has continued to refer to FED. R. BANKR. P. Rule 4003(c) even after Raleigh.


    Further, this Court agrees with the analysis set forth in In re Weatherspoon, 605 B.R. 472, 482 (Bankr. S.D. Ohio 2019):


    Although Raleigh was decided in the context of an objection to a proof of claim and did not involve Bankruptcy Rule 4003(c), some bankruptcy courts have questioned the continued viability of the rule in light of the Supreme Court’s holding in that case. These cases are well- reasoned, and Ohio courts place the burden of proof on the party claiming the exemption. Thus, it could be argued that here the Debtor should shoulder the burden of proving the exemption was properly claimed. But even if decisions such as Tallerico are correctly decided, it is not for this Court to determine that Raleigh overruled Zingale by implication; instead, it must follow Zingale until the Supreme Court or the Sixth Circuit overrules it.


    If trial courts disregard binding precedent and binding legal provisions on the basis that they have been implicitly overruled, especially when there are legitimate arguments to the contrary, judicial hierarchy and the entire doctrine of legal precedent would be undermined.


  2. Merits


    Here, as stated by Trustee, CAL. CODE CIV. P. § 704.730(a)(3)(B) provides a

    11:00 AM

    CONT...


    Hector Meza and Ruth Meza


    Chapter 7

    $175,000 homestead exemption for "[a] person physically or mentally disabled who as a result of that disability is unable to engage in substantial gainful employment."


    Here, Trustee has submitted no meaningful evidence in support of his objection to Debtors’ claimed homestead exemption.


    Additionally, there is no authority presented for the proposition that the disability has to be permanent. And last, Trustee is incorrect that Debtors are receiving unemployment benefits – Schedule I does not list any.


    TENTATIVE RULING



    The Court is inclined to OVERRULE the objection.


    APPEARANCES REQUIRED.


    Party Information

    Debtor(s):

    Hector Meza Represented By

    Steven M Gluck

    Joint Debtor(s):

    Ruth Meza Represented By

    Steven M Gluck

    Movant(s):

    Larry D Simons (TR) Pro Se

    11:00 AM

    CONT...

    Trustee(s):


    Hector Meza and Ruth Meza


    Chapter 7

    Larry D Simons (TR) Pro Se

    11:00 AM

    6:20-11114


    Walter Thompson Smith, Jr. and Caryol Ann Smith


    Chapter 7


    #13.00 Motion for extension of time to file a complaint objecting to discharge & extension of time to dismiss case for the U.S. Trustee


    EH     


    Docket 18

    Tentative Ruling:

    6/10/2020

    BACKGROUND


    On February 13, 2020, Walter & Caryol Smith ("Debtors") filed a Chapter 7 voluntary petition. The meeting of creditors was originally set for March 17, 2020. The meeting of creditors has been continued on three occasions.


    On May 18, 2020, UST filed a motion for extension of time to file a complaint objecting to discharge or a motion to dismiss the case. The basis for UST’s motion is that Debtors have not yet provided UST with bank statements for covering the period of 2017-2018. On June 2, 2020, Debtors submitted a notice of non-opposition to UST’s motion.


    DISCUSSION



    FED. R. BANKR. P. Rule 1017(e)(1) states:

    11:00 AM

    CONT...


    Walter Thompson Smith, Jr. and Caryol Ann Smith

    Except as otherwise provided in § 704(b)(2), a motion to dismiss a case for abuse under § 707(b) or (c) may be filed only within 60 days after the first date set for the meeting of creditors under § 341(a), unless, on request filed before the time has expired, the court for cause extends the time for filing the motion to dismiss.


    Chapter 7


    FED. R. BANKR. P. Rule 4004(a) states:


    In a chapter 7 case, a complaint, or a motion under § 727(a)(8) or (9) of the Code, objecting to the debtor’s discharge shall be filed no later than 60 days after the first date set for the meeting of creditors under § 341(a). In a chapter 11 case, the complaint shall be filed no later than the first date set for the hearing on confirmation. In a chapter 13 case, a motion objecting to the debtor’s discharge under § 1328(f) shall be filed no later than 60 days after the first date set for the meeting of creditors under § 341(a). At least 28 days’ notice of the time so fixed shall be given to the United States trustee and all creditors as provided in Rule 2002(f) and (k) and to the trustee and the trustee’s attorney.


    And FED. R. BANKR. P. Rule 4004(b) states:


    1. On motion of any party in interest, after notice and hearing, the court may for cause extend the time to object to discharge. Except as provided in subdivision (b)(2), the motion shall be filed before the time has expired.

    2. A motion to extent the time to object to discharge may be filed after the time for objection has expired and before discharge is granted if

      1. the objection is based on facts that, if learned after the discharge, would provide a basis for revocation under § 727(d) of the Code, and

      2. the movant did not have knowledge of those facts in time to permit an objection. The motion shall be filed promptly after the movant discovers the facts on which the objection is based.

        11:00 AM

        CONT...


        Walter Thompson Smith, Jr. and Caryol Ann Smith


        Chapter 7



        Here, Debtors’ delay in providing the requested information constitutes sufficient cause to extend the deadlines. See COLLIER ON BANKRUPTCY ¶ 4004.03[2] (16th ed. 2013) ("A debtor’s delays in responding to discovery may be sufficient cause.

        Obviously, a delay in the meeting of creditors to a date close to or after the deadline may constitute such cause.") (citing In re McCormack, 244 B.R. 203 (Bankr. D. Conn. 2000)).


        Moreover, Debtors have explicitly consented to the relief requested.


        TENTATIVE RULING



        The Court is inclined to GRANT the motion, extending the deadlines to file a motion to dismiss the case and a complaint objecting to discharge until July 17, 2020.


        APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


        Party Information

        Debtor(s):

        Walter Thompson Smith Jr. Represented By David R Hagen

        Joint Debtor(s):

        Caryol Ann Smith Represented By David R Hagen

        Movant(s):

        United States Trustee (RS) Represented By Everett L Green

        11:00 AM

        CONT...

        Trustee(s):


        Walter Thompson Smith, Jr. and Caryol Ann Smith


        Chapter 7

        Larry D Simons (TR) Pro Se

        11:00 AM

        6:20-11122


        Christopher Michael Shanklin


        Chapter 7


        #14.00 United States Trustee's Notice of Motion and Motion to Dismiss Bankruptcy Case Pursuant to 11 U.S.C. Sections 707(b)(1) and (b)(3) And Contingent Motion to Extend Discharge Deadline Pursuant to Federal Rules of Bankruptcy Procedure 1017 and 4004


        EH     


        Docket 20

        Tentative Ruling:

        6/10/20

        BACKGROUND


        On February 13, 2020, Christopher Shanklin ("Debtor") filed a Chapter 7 voluntary petition. Schedules I identified monthly gross wages of $9,890, total monthly payroll deductions of $2,530, and monthly net income of $7,360. Schedule J identified monthly expenses of $7,521, leaving monthly disposable income of -$161. Debtor also filed the Chapter 7 Statement of Your Current Monthly Income, which identified

        $9,890 in gross wages, and conceded that that amount represented an above average monthly income for Debtor’s family size and state of residence. The second part of the Chapter 7 Statement of Your Current Monthly Income identifies deductions pursuant to the IRS guidelines totaling $6,592, additional expense deductions totaling $210, and ongoing debt payments totaling $3,532.33, resulting in the presumption of abuse being rebutted in this case.


        On May 15, 2020, UST filed a motion to dismiss case for abuse pursuant to 11 U.S.C.

        § 707(b)(1) and (3). UST argues that Debtor has understated his income and inflated his expenses and that, under the totality of the circumstances, Debtor has the means to repay his creditors.

        11:00 AM

        CONT...


        Christopher Michael Shanklin


        Chapter 7


        DISCUSSION



        11 U.S.C. § 707(b)(1) states, in pertinent part, that:


        After notice and a hearing, the court, on its own motion or on a motion by the United States trustee, trustee (or bankruptcy administrator, if any), or any party in interest, may dismiss a case filed by an individual debtor under this chapter whose debts are primarily consumer debts, or, with the debtor’s consent, convert such a case to a case under chapter 11 or 13 of this title, if it finds that the granting of relief would be an abuse of the provisions of this chapter.


        11 U.S.C. § 707(b)(3) provides:


    3. In considering under paragraph (1) whether the granting of relief would be an abuse of the provision of this chapter in a case in which the presumption in paragraph (2)(A)(i) does not arise or is rebutted, the court shall consider –

      1. whether the debtor filed the petition in bad faith; or

      2. the totality of the circumstances (including whether the debtor seeks to reject a personal services contract and the financial need for such rejection as sought by the debtor) of the debtor’s financial situation demonstrates abuse


UST asserts that Debtor has understated his income by approximately $264.33/month, overstated his payroll deductions by $207.22/month, resulting in a net change in disposable income of $471.55/month. This change would result, pursuant to the

11:00 AM

CONT...


Christopher Michael Shanklin


Chapter 7

figures listed on Schedule I and J, in Debtor having net disposable income of

$310.55/month. Additionally, UST contests Debtor’s identified expenses for utilities and vehicle operations. Specifically, UST notes that Debtor’s utility expense, which includes $517/month for telephone services, exceeds the IRS guidelines by

$441/month. Additionally, UST notes that Debtor has identified $727/month for operation and insurance of one vehicle, which exceeds IRS guidelines by $454/month. Adjustment of these two expenses would result in further increased monthly disposable income in the amount of $895/month. The Court also notes that, pursuant to UST’s Exhibit 4, it appears that Debtor has inflated his monthly vehicle payment by

$95.33.


As noted by UST, the Ninth Circuit has outlined a list of non-exclusive factors for the Court to consider when presented with a motion to dismiss a Chapter 7 case for abuse under the totality of circumstances test:


  1. Whether the debtor has a likelihood of sufficient future income to fund a Chapter 11, 12, or 13 plan which would pay a substantial portion of the unsecured claims;


  2. Whether the debtor’s petition was filed as a consequence of illness, disability, unemployment, or some other calamity;


  3. Whether the schedules suggest the debtor obtain cash advancements and consumer goods on credit exceeding his or her ability to repay them;


  4. Whether the debtor’s proposed family budget is excessive or extravagant;


  5. Whether the debtor’s statement of income and expenses is misrepresentative of the debtor’s financial condition; and

  6. Whether the debtor has engaged in eve-of-bankruptcy purchases.


In re Price, 353 F.3d 1135, 1140 (9th Cir. 2004). The Ninth Circuit additionally stated: "[t]he primary factor defining substantial abuse is the

11:00 AM

CONT...


Christopher Michael Shanklin


Chapter 7

debtor’s ability to pay his debts as determined by the ability to fund a Chapter 13 plan. Thus, we have concluded that a "debtor’s ability to pay his debts will, standing alone, justify a section 707(b) dismissal." Id.


Here, not only does the uncontroverted evidence suggest that Debtor can make meaningful payments toward his unsecured creditors which would enable to repay all debt within one year, but the schedules filed by Debtor appear to include material inaccuracies, while also reflecting generally high expenses and an adult child living at home. Therefore, the Court concludes that UST has established that the first, second, fourth, and fifth factors outlined in Price are applicable here and that Debtor has the ability to fund a Chapter 13 plan which would pay his unsecured creditors in full.


Additionally, the Court notes that Debtor has failed to oppose the motion, which the Court deems consent to the relief requested pursuant to Local Rule 9013-1(h).


TENTATIVE RULING



The Court is inclined to GRANT the motion, DISMISSING the case for abuse.


APPEARANCES REQUIRED.


Party Information

Debtor(s):

Christopher Michael Shanklin Represented By Neil R Hedtke

Movant(s):

United States Trustee (RS) Represented By

11:00 AM

CONT...


Trustee(s):


Christopher Michael Shanklin


Cameron C Ridley


Chapter 7

Todd A. Frealy (TR) Pro Se

11:00 AM

6:18-19365


Beverly Murphy


Chapter 7


#15.00 Chapter 7 Trustees Motion For Order: (1) Approving Settlement and Compromise of Certain State Court Action (Riverside Superior Court Case No. RIC1821341); (2) Approving Addendum to Settlement Agreement Between the Bankruptcy Estate and the Debtor Related to the Debtors Exemption Claim in the State Court Action; (3) Approving Payment of Compensation to Trustees Special Counsel, Kerr & Sheldon PC; and (4) Granting Related Relief Including Approval of Disbursements from the Settlement Payment to Pay Medical Liens, Full Distribution to General Unsecured Claims, and a Payment to the Debtor on Account of Her Exemption Claim


EH     


Docket 44


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Beverly Murphy Represented By Paul Y Lee

Movant(s):

Lynda T. Bui (TR) Represented By Jeffrey S Sheldon

Trustee(s):

Lynda T. Bui (TR) Represented By Jeffrey S Sheldon

2:00 PM

6:19-10556


Timothy Mark Aitken


Chapter 7

Adv#: 6:20-01022 Grobstein v. Aitken


#16.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01022. Complaint by Howard Grobstein against Alicia Aitken. (Charge To Estate). with adversary cover sheet Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer))


From: 5/6/20 EH     

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Timothy Mark Aitken Pro Se

Defendant(s):

Alicia Aitken Pro Se

Joint Debtor(s):

Esmeralda Aitken Pro Se

Plaintiff(s):

Howard Grobstein Represented By Larry D Simons

Trustee(s):

Howard B Grobstein (TR) Represented By Larry D Simons

2:00 PM

6:17-17749


Joshua Cord Richardson


Chapter 7

Adv#: 6:19-01114 Sonnenfeld v. Diaz et al


#17.00 Motion To Set Aside Default and Default Judgment EH     

Docket 57

Tentative Ruling:

6/10/20

BACKGROUND

On September 15, 2017, Cleo Sonnenfeld ("Creditor") filed a Chapter 7 involuntary petition against Joshua Richardson ("Debtor"). On November 8, 2017, an order for relief was entered after Debtor stipulated to its entry. That same day, the Court entered an order approving a stipulation between Creditor, Debtor, and HLE Law Group ("HLE") which avoided a deed of trust recorded on June 20, 2017, in favor of HLE and against certain real property located at 13710 Oakley Dr., Moreno Valley, CA 92555 (the "Property").

On November 8, 2018, Trustee filed a motion to approve compromise; after two continuances, and the filing of a supplemental brief, the motion was granted pursuant to order entered January 3, 2019. The pertinent terms of the compromise are the following: (a) the Property is held in constructive trust for the benefit of Creditor, who holds a money judgment in the amount of $318,778.12; (b) Trustee is to sell the Property; (c) the funds otherwise payable on account of the avoided HLE lien constitute property of the estate; (d) the bankruptcy estate shall receive 30% of all sale proceeds in excess of $303,000 until such amount reaches $25,000; (e) Creditor to file an objection to Debtor’s homestead exemption; and, importantly, (f) avoidance actions are assigned to Creditor, with Creditor to receive 70% of any recovery and the bankruptcy estate to receive the remaining 30%.

2:00 PM

CONT...

Joshua Cord Richardson

Chapter 7


On August 9, 2019, Creditor filed a complaint against Gabriela Nieto Diaz and Laguna Motors, Inc. (collectively "Defendants"; individually "Diaz" and "Laguna Motors") for (1) avoidance, recovery, and preservation of preferential transfer; (2) avoidance of intentional fraudulent transfer; (3) avoidance and recovery of fraudulent transfer; and (4) recovery and preservation of avoided intentional transfer, constructive fraudulent transfer, and preferential transfer. On October 18, 2019, default was entered against Defendants. On October 31, 2019, Creditor filed a motion for default judgment. After the Court set and held a hearing on Creditor’s motion for default judgment, the Court entered default judgment against Defendants on December 6, 2019. On March 11, 2020, Creditor filed an abstract of judgment and a writ of execution relating to each individual defendant. On April 2, 2020, the Court approved Creditor’s application to appoint a process server.


On April 8, 2020, Laguna Motors filed a motion to set aside the default judgment. On April 29, 2020, Creditor filed an opposition. On May 13, 2020, the Court orally denied the motion without prejudice. Pursuant to the discussion on the record on May 13, and, as noted in the order entered on May 27, 2020, the Court informed Laguna Motors that if the default judgment was set aside pursuant to a future motion, then the Court intended to condition the setting aside upon the payment of Creditor’s reasonable attorney’ fees.


ANALYSIS



FED. R. CIV. P. Rule 55(c), made applicable to bankruptcy proceedings by FED. R. BANKR. P. Rule 7055, states: "[t]he court may set aside an entry of default for good cause, and it may set aside a final default judgment under Rule 60(b)." FED. R. CIV. P. Rule 60(b), incorporated into bankruptcy proceedings by FED. R. BANKR. P. Rule 9024, provides six separate grounds for relief from a judgment. Laguna Motors argues that Rule 60(b)(1), which provides for relief from judgment in cases of "mistake, inadvertence, or excusable neglect," is inapplicable here. As noted by the parties, a determination regarding relief under Rule 60(b)(1) "is at bottom an equitable one" and the Court should consider all relevant circumstances. See, e.g., Pioneer Inv. Servs. Co. v. Brunwick Assocs., 507 U.S. 380, 395 (1993).

2:00 PM

CONT...


Joshua Cord Richardson


Chapter 7


When a party seeks relief from a default judgment pursuant to Rule 60(b)(1), the Court must apply the Falk factors. See, e.g., Brandt v. Am. Bankers Ins. Co. of Fla., 653 F.3d 1108, 1111 (9th Cir. 2011). Specifically, the Ninth Circuit has stated that: "To determine ‘good cause,’ [under FED. R. CIV. P. Rule 55(c)] a court must consider three factors: (1) whether the party seeking to set aside the default engaged in culpable conduct that led to the default; (2) whether it had no meritorious defense; or (3) whether reopening the default judgment would prejudice the other party." United States v. Signed Pers. Check No. 730 of Yubran S. Mesle, 615 F.3d 1085, 1091 (9th Cir. 2010) (quotation omitted).


Regarding the first factor, the culpability of the party seeking to set aside default, the Ninth Circuit has imposed a rather high threshold for the culpability which would justify this Court’s refusal to set aside default. To wit:


A defendant’s conduct is culpable if he has received actual or constructive notice of the filing of the action and intentionally failed to answer. As we have previously explained, in this context the term "intentionally" means that a movant cannot be treated as culpable simply for having made a conscious choice not to answer; rather, to treat a failure to answer as culpable, the movant must have acted with bad faith, such as an intention to take advantage of the opposing party, interfere with judicial decisionmaking, or otherwise manipulate the legal process. We have typically held that a defendant’s conduct was culpable for purposes of the good cause factors where there is no explanation of the default inconsistent with a devious, deliberate, willful, or bad faith failure to respond. As we explained in TCI Group, our approach is consistent with Pioneer Inv. Servs. Co. v. Brunswick Assocs. Ltd., 507 U.S. 380, 388, 393-95 (1993), in light of which it is clear that simple carelessness is not sufficient to treat a negligent failure to reply as inexcusable, at least without a demonstration that other equitable factors, such as prejudice, weight heavily in favor of denial of the motion to set aside a default.


Id. at 1092-93 (quotations and citations omitted).

2:00 PM

CONT...


Joshua Cord Richardson


Chapter 7


Here, Creditor argues that Laguna Motors: (a) made a calculated decision not to respond to the complaint; and (b) lied to the Court about whether it was aware of the service of the complaint. As noted in the block quotation from the Ninth Circuit, however, "the term "intentionally" means that a movant cannot be treated as culpable simply for having made a conscious choice not to answer; rather, to treat a failure to answer as culpable, the movant must have acted with bad faith, such as an intention to take advantage of the opposing party, interfere with judicial decisionmaking, or otherwise manipulate the legal process." Id. It is not clear to this Court that Creditor has raised a coherent argument establishing that Laguna Motors declined to answer the complaint to gain a strategic advantage or manipulate the legal process. Creditor argues that Laguna Motors and/or its counsel believed that service was improper, and chose not to answer due to the defective argument, while also pointing out that Laguna Motor’s principal was recently involved in a different adversary proceeding in this Court in which he filed an answer after being served by mail. Either way – whether Laguna Motors, its principal, and/or counsel, believed they did not need to respond due to defective service or realized they needed to respond but failed to do so – Creditor has not raised a meaningful argument that would establish an attempt by Laguna Motors to manipulate the legal process.


Additionally, Creditor suggests that Laguna Motors, through its principal, lied to the Court about when it was aware of service of the complaint. The Court does not have a sufficient record, however, to conclude that Laguna Motors’s principal has committed perjury. The Court also notes that the case relied upon by Creditor, Kingvision Pay-Per-View Ltd. v. Lake Alice Bar, 168 F.3d 347 (9th Cir. 1999), does not stand for the proposition Creditor uses it for. Specifically, Lake Alice Bar does not include a ruling by the Ninth Circuit on a motion to vacate a default judgment; instead, the district court issued the holding referenced by Creditor. The Court is not inclined to reference that district court decision as persuasive precedent, given that the district court’s rulings were extensively reversed/vacated in Lake Alice Bar, and the Ninth Circuit opted to send the case back to a different district court judge.


Regarding the second factor, whether the defendant has a meritorious defense, the Ninth Circuit has stated that:


A defendant seeking to vacate a default judgment must present specific facts that

2:00 PM

CONT...


Joshua Cord Richardson

would constitute a defense. But the burden on a party seeking to vacate a default judgment is not extraordinarily heavy. All that is necessary to satisfy the meritorious defense requirement is to allege sufficient facts that, if true, would constitute a


Chapter 7

defense: the question whether the factual allegation is true is not to be determined by the court when it decides the motion to set aside the default. Rather, that question would be the subject of the later litigation.


Id. at 1094.

Here, the motion asserts that the funds paid to Laguna Motors were part of a standard, arms-length agreement, that would allow Debtor to utilize Laguna Motor’s dealer’s license and provide Debtor with various equipment. It would appear that the allegations in the reply, if true, could constitute a valid defense to Creditor’s causes of action for fraudulent transfer. In Creditor’s opposition, Creditor quotes, at length, from the meeting of creditors in an attempt to disprove the assertion raised in the motion. In the reply, Laguna Motors then quotes from different sections of the meeting of creditors to support its position. Pursuant to above excerpt from the Ninth Circuit, however, the Court is not supposed to weigh evidence when considering this factor. See id. at 1094 ("[T]he question whether the factual allegation is true is not to be determined by the court when it decides the motion to set aside the default.").


Regarding the third factor, whether Creditor would suffer legal prejudice, the Court notes that caselaw establishes a rather high standard for legal prejudice. "To be prejudicial, the setting aside of a judgment must result in greater harm than simply delaying resolution of the case." TCI Group Life Ins. Plan v. Knoebber, 244 F.3d 691, 701 (9th Cir. 2001). "The standard is whether his ability to pursue his claim will be hindered." Falk v. Allen, 739 F.2d 461, 463 (9th Cir. 1984); see also Thompson v. Am. Home Assurance Co., 95 F.3d 429, 433-34 (6th Cir. 1996) ("Second, for the setting aside of a default judgment to be considered prejudicial, it must result in more than delay. Rather, the delay must result in tangible harm such as loss of evidence, increased difficulties of discovery, or greater opportunity for fraud or collusion.").


Here, Creditor argues "there is a greater opportunity for fraud and collusion between Laguna Motors, its principal, and Debtor because Debtor has already been denied a discharge." [Dkt. No. 66, pg. 8]. The Court is not convinced that this line of argument establishes legal prejudice. Specifically, while Creditor points out that Laguna

2:00 PM

CONT...


Joshua Cord Richardson


Chapter 7

Motors’s principal’s declaration for the first motion to set aside default stated that he was unaware that a complaint was served on Movant, while the current declaration is silent regarding whether Laguna Motors received service, the Court is unwilling to conclude that this evidence establishes an intent to engage in fraud or collusion.

Additionally, caselaw cited above indicates that this Court should focus on whether the passage of time has hindered Creditor’s ability to pursue his claim. Creditor’s line of argument about the potential for fraud or collusion seems to be more directed to the first factor – culpability – than to legal prejudice.


As noted at the previous hearing and in the Court order entered on May 27, 2020, as docket number 65, the Court intends to condition the setting aside of the default judgment on the payment of reasonable attorneys’ fees incurred by Creditor as a result of the delay by Laguna Motors. The Court has reviewed the billing entries submitted as an exhibit to Creditor’s opposition and finds those entries to be reasonable. The Court is inclined to strike fees for work done before October 7, 2019, however, because those billing entries do not appear to have been proximately caused by the default (the deadline to answer the complaint was October 7, 2019, and the clerk did not actually enter default until October 18, 2019). This results in a reduction in fees in the amount of $470 and a reduction in expenses in the amount of $185.82


TENTATIVE RULING



The Court is inclined to GRANT the motion conditioned on the payment of attorney’s fees and expenses in the amount of $11,813.94 within thirty (30) days.


APPEARANCES REQUIRED.


Party Information

Debtor(s):

Joshua Cord Richardson Represented By Amid Bahadori

2:00 PM

CONT...


Joshua Cord Richardson


Chapter 7

Defendant(s):

Gabriela Nieto Diaz Pro Se

Laguna Motors, Inc. Represented By Julian K Bach

Movant(s):

Laguna Motors, Inc. Represented By Julian K Bach

Plaintiff(s):

Cleo Sonnenfeld Represented By Laila Masud

D Edward Hays

Trustee(s):

Todd A. Frealy (TR) Represented By Anthony A Friedman

2:00 PM

6:18-10939


Vance Zachary Johnson


Chapter 7

Adv#: 6:18-01106 Bankers Healthcare Group, LLC v. Johnson


#18.00 Motion to Extend Time re Discovery Deadline EH     

Docket 69

Tentative Ruling:

6/10/20

BACKGROUND


On February 7, 2018, Vance Johnson ("Defendant") filed a Chapter 11 voluntary petition. On July 3, 2018, Defendant’s case was converted to Chapter 7.


On May 7, 2018, Bankers Health Group, LLC ("Plaintiff") filed a non-dischargeability complaint against Defendant pursuant to 11 U.S.C. § 523(a)(2)(B), (a)(4), and (a)(6). On June 7, 2018, Defendant filed his answer. After the initial status conference, the Court entered a scheduling order on July 17, 2018. Subsequently, the parties stipulated to a continuance of the status conference, and an extension of certain dates in the scheduling order, on three occasions.


On June 24, 2019, Plaintiff filed a motion for summary judgment, and amended the motion four days later. On July 31, 2019, Defendant filed his opposition. On August 26, 2019, the Court denied Plaintiff’s motion for summary judgment.


The parties then stipulated to continue the status conference on three further

2:00 PM

CONT...


Vance Zachary Johnson


Chapter 7

occasions. On April 28, 2020, the Court granted Plaintiff’s unopposed motion to extend the discovery deadline until June 30, 2020.


On April 13, 2020, Plaintiff filed a motion for leave to file an amended complaint to add a cause of action under 11 U.S.C. § 523(a)(2)(A). On April 29, 2020, Defendant filed an opposition. The Court denied the motion without prejudice on May 19, 2020.


On May 19, 2020, Plaintiff filed a motion to extend the discovery deadline. On May 27, 2020, Defendant filed an opposition. On June 3, 2020, Plaintiff filed its reply.

Plaintiff asserts that "Defendant has been slow to produce at best, or at worst, evasive." [Dkt. No. 69, pg. 6]. Defendant’s opposition primarily contends that an extension is unnecessary because Defendant will respond to the outstanding discovery by the deadline and Plaintiff will receive other responses from Pacific Premier Bank and Wells Fargo Bank. The final paragraph of Plaintiff’s reply contains the following:


Plaintiff requests this discovery extension out of an abundance of caution. If Defendant continues to be unresponsive, Plaintiff will file a motion to compel discovery on June 4, 2020. At that time, Defendant will request either an additional hearing date in advance of June 30, 2020 or to have the motion heard on shortened time. If neither of the above options are acceptable to the Court, this motion provides an additional pathway to preserve Plaintiff’s rights to discovery.


The Court also notes that Plaintiff has filed a motion to compel discovery production and for sanctions, which is currently sent for hearing on July 1, 2020.


DISCUSSION



As noted by Plaintiff, it is well-established that the primary consideration for the Court when presented with a request to modify a scheduling order is the moving

2:00 PM

CONT...


Vance Zachary Johnson


Chapter 7

party’s diligence. See, e.g.. Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992).


While this adversary proceeding was commenced more than two years, the parties have sought and obtained many continuances and the actual litigation activity in this case has largely been conducted outside of the Court’s view. Defendant offers the assertion that "[t]his case has not been diligently prosecuted by Plaintiff" [Dkt. No. 72, pg. 3], but does not provide any detail or evidence to support the assertion.

Nevertheless, given the extensive delays in this case, the Court intends to closely monitor the proceeding. Given the pending discovery motion calendared for July 1, 2020, and noting that the Court can extend its discovery deadline after the expiration of the deadline, the Court is inclined to CONTINUE this matter to July 1, 2020, for the discovery process to more fully unfold and for the record to develop further.


Tentative Ruling:


Parties to apprise the Court of the status of discovery.


APPEARANCES REQUIRED.


Party Information

Debtor(s):

Vance Zachary Johnson Represented By Robert P Goe

Defendant(s):

Vance Zachary Johnson Represented By Robert P Goe Stephen Reider

2:00 PM

CONT...

Movant(s):


Vance Zachary Johnson


Chapter 7

Bankers Healthcare Group, LLC Represented By

Todd L Turoci

Plaintiff(s):

Bankers Healthcare Group, LLC Represented By

Todd L Turoci

Trustee(s):

Todd A. Frealy (TR) Represented By Monica Y Kim

2:00 PM

6:19-10279


Thomas Mount


Chapter 7

Adv#: 6:19-01050 Baker et al v. Mount


#19.00 CONT Motion for Terminating Sanctions and Award of Attorney's Fees and Costs


From: 4/1/20, 4/14/20, 5/13/20 EH     

Docket 51

*** VACATED *** REASON: ORDER ENTERED 5/27/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Thomas Mount Represented By Christopher Hewitt

Defendant(s):

Thomas Mount Represented By Donald W Reid

Movant(s):

Thomas Mount Represented By Donald W Reid

Plaintiff(s):

Jonathan Baker Represented By Baruch C Cohen

Baker Entertainment Group Represented By Baruch C Cohen

Trustee(s):

Charles W Daff (TR) Pro Se

2:00 PM

CONT...


Thomas Mount


Chapter 7

2:00 PM

6:19-10279


Thomas Mount


Chapter 7

Adv#: 6:19-01050 Baker et al v. Mount


#20.00 CONT Motion to Dismiss Adversary Proceeding PARTIAL Motion to Dismiss Complaints Causes of Action for Nondischargeability ONLY AS TO: 11 U.S.C. § 523(A)(2)(A); 11 U.S.C. § 523(A) (4); 11 U.S.C. § 523(A)(6)


From: 5/13/20 EH     

Docket 58

*** VACATED *** REASON: ORDER ENTERED 5/27/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Thomas Mount Represented By Christopher Hewitt

Defendant(s):

Thomas Mount Represented By Donald W Reid

Movant(s):

Jonathan Baker Represented By Baruch C Cohen

Baker Entertainment Group Represented By Baruch C Cohen

Plaintiff(s):

Jonathan Baker Represented By Baruch C Cohen

Baker Entertainment Group Represented By

2:00 PM

CONT...


Trustee(s):


Thomas Mount


Baruch C Cohen


Chapter 7

Charles W Daff (TR) Pro Se

11:00 AM

6:17-11167


Victor Thomas Lawton


Chapter 13


#1.00 Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to modify plan or suspend plan payments


EH     


Docket 97


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Victor Thomas Lawton Represented By Norma Duenas

Movant(s):

Victor Thomas Lawton Represented By Norma Duenas

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:17-19614


Alfredo Manzo Arrieta and Mayte Hernandez- Arrieta


Chapter 13


#2.00 Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to modify plan or suspend plan payments


EH     


Docket 138


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Alfredo Manzo Arrieta Represented By Andy C Warshaw

Joint Debtor(s):

Mayte Hernandez- Arrieta Represented By Andy C Warshaw

Movant(s):

Alfredo Manzo Arrieta Represented By Andy C Warshaw

Mayte Hernandez- Arrieta Represented By Andy C Warshaw

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:18-13906


Ruby Lee Frazier


Chapter 13


#3.00 Motion to vacate dismissal EH     

Docket 105

Tentative Ruling:

6/11/20

BACKGROUND


On May 8, 2018, Ruby Lee Frazier ("Debtor") filed a Chapter 13 voluntary petition. The proposed plan was confirmed on August 3, 2018.


On March 4, 2020, the Chapter 13 Trustee filed a Motion to Dismiss Debtor’s case on basis that Debtor was in arrears on her plan. Debtor filed an opposition to the motion on March 13, 2020, setting the hearing on the opposition on April 2, 2020. On March 29, 2020, Debtor filed a motion to modify her plan seeking to suspend three payments. The court continued the hearing on April 2, 2020 to April 16, 2020.


On April 16, 2020, Debtor filed a declaration that no party requested a hearing on motion. On April 23, the Court grant the motion to modify the plan, which suspended three months of payments. In addition, Debtor’s plan payment was modified and increased to $2000 in April 2020, while unbeknownst to the Debtor’s lawyer, Debtor continued to make the old plan payment of $1845 in April. On April 30, Debtor failed to appear in court and the Court dismissed the case. Shortly after the dismissal, Debtor made payment for the missing difference $155.

11:00 AM

CONT...


Ruby Lee Frazier


Chapter 13

On May 6, 2020, Debtor filed the motion to vacate dismissal.


DISCUSSION



The Debtor requested relief under FED. R. CIV. P. Rule 60(b), incorporated into bankruptcy proceedings by FED. R. BANKR. P. Rule 9024, on the basis of mistake, inadvertence or excusable neglect. FED. R. CIV. P. Rule 60(b) states:


  1. Grounds for Relief from a Final Judgment, Order, or Proceeding. On motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding for the following reasons:

    1. mistake, inadvertence, surprise, or excusable neglect.


A court’s treatment of Rule 60(b) is not intended to be rigid, but instead requires the court to equitably consider all relevant circumstances surrounding. Pioneer Inv. Servs. Co. v. Brunswick Assoc. Ltd. P'ship, 507 U.S. 380, 395 (1993). Excusable neglect under 60(b) is a some-what elastic concept and is not limited strictly to omissions caused by circumstances beyond the control of the movant. Id, at 392. In evaluating claims of excusable neglect, under Pioneer, the court is instructed to consider: (1) the extent of prejudice to the debtor if relief is not granted; (2) the length of the delay between entry of the order and the request that it be set aside, and the potential impact of granting such relief on the judicial proceedings; (3) the reason for any such delay, including whether it was within the reasonable control of the movant; and (4) whether the movant has acted in good faith. Id.

The Pioneer factors weigh in favor of vacating dismissal. The prejudice is minimal. Specifically, as to the April payment, Debtor did have the intention to make the payment as the Debtor paid the original agreed amount, $1850. Debtor promptly cured and paid the difference immediately after realizing the mistake. The length of delay was small. Debtor filed the motion to vacate dismissal on 5/6/2020 after the case had been dismissed on 4/20/2020. The delay in filing the Rule 60(b)(1) motion, while slightly longer than the two-week delay in Augusta Fiberglass Coatings, Inc. v. Fodor Contracting Corp., 843 F.2d 808, at 812, was still not long enough to justify denying

11:00 AM

CONT...

relief.


Ruby Lee Frazier


Chapter 13


The reason for the delay was carelessness. There’s no evidence of bad faith. Debtor had filed the declaration that no party requested a hearing on motion prior to the April 30 hearing and mistakenly believed that no hearing would be held. In addition, Debtor’s lawyer was unaware that Debtor was making the payment under the prior plan before he failed to appear in April 30 hearing.


TENTATIVE RULING



The Court is inclined to GRANT the motion and VACATE dismissal conditioned on payment of $4,155 in plan payments.


APPEARANCES REQUIRED. Michael D. Franco to personally appear at the hearing.


Party Information

Debtor(s):

Ruby Lee Frazier Represented By Michael D Franco

Movant(s):

Ruby Lee Frazier Represented By Michael D Franco

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:18-20845


Gloria Simmons


Chapter 13


#4.00 Debtor's Motion to Vacate Order of Dismissal EH         

Docket 47


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Gloria Simmons Represented By Bruce A Wilson

Movant(s):

Gloria Simmons Represented By Bruce A Wilson

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-18242


Roderick Harlan Friloux and Rebecca Andrade-Friloux


Chapter 13


#5.00 CONT Motion to vacate dismissal From: 5/28/20

EH     


Docket 40


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Roderick Harlan Friloux Represented By Tina H Trinh

Joint Debtor(s):

Rebecca Andrade-Friloux Represented By Tina H Trinh

Movant(s):

Roderick Harlan Friloux Represented By Tina H Trinh

Rebecca Andrade-Friloux Represented By Tina H Trinh Tina H Trinh Tina H Trinh

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-20173


Roshanda Jeannen Dodds


Chapter 13


#6.00 Motion RE: Objection to Claim Number 1 by Claimant CIG Financial EH     

Docket 41

Tentative Ruling:

6/11/20


BACKGROUND:


On November 19, 2019 (hereinafter the "Petition Date"), Roshanda Jeannen Dodds (hereinafter "Debtor") filed a Chapter 13 voluntary petition. On March 3, 2020, Debtor’s Chapter 13 plan was confirmed.


Prior to the confirmation of Debtor’s plan, on November 21, 2019, CIG Financial (hereinafter "CIG") filed a proof of claim in the amount of $2,967.52 (hereinafter "Claim 1-1"). Debtor provided evidence that Claim 1-1 arose from a retail installment sale contract to purchase a 2001 Mazda 626. Dkt. No. 41, Decl. of Roshanda Jeannen Dodds. The retail installment sale contract was between the Debtor and Car Show. The account appears to have been transferred to CIG. Id.


Debtor admits, that after entering into the agreement, she could not maintain the payments. Id. Sometime around April 16, 2010, CIG was a awarded a judgment in the amount of $7,323.00. Dkt. No. 41, Ex. 1. Nonetheless, after the judgment, Debtor still could not maintain the payments pursuant to the agreement.


In or prior to 2014, Debtor stated that she had the vehicle repossessed. She alleges that she neither has any knowledge of CIG bringing a civil action against her after April 11, 2014 nor was there any payments made after April 11, 2014. Dkt. No. 41, Decl. Of Roshanda Jeannen Dodds.


Debtor contends that Claim 1-1 was for a contractual obligation made in writing and are subject to the four-year statute of limitations proscribed by California Code of Civil Procedure § 337. Debtor alleges that more than four years have passed

11:00 AM

CONT...


Roshanda Jeannen Dodds


Chapter 13

since the Debtor made any payments to Claim 1-1. Id. Thus, Claim 1-1 should be disallowed.


ANAYLSIS:


Pursuant to 11 U.S.C. § 502(a), a proof of claim is deemed allowed unless a party in interest objects. Absent an objection, a proof of claim constitutes prima facie evidence of the validity and amount of the claim under Federal Rule of Bankruptcy Procedure ("FRBP") 3001(f). See Lundell v. Anchor Constr. Specialists, Inc., 223 F.3d 1035, 1039 (9th Cir. 2000). When a party files an objection to a proof of claim, that filing "creates a dispute which is a contested matter" within the meaning of FRBP 9014, and the Court must resolve the matter after notice and opportunity for hearing upon a motion for relief. Id.


When a creditor has filed a proof of claim that complies with the rules (thereby giving rise to the presumption of validity), the burden shifts to the objecting party who must "present evidence to overcome the prima facie case." In re Medina, 205 B.R.

216, 222 (9th Cir. B.A.P. 1996). To defeat the claim, the objecting party must provide sufficient evidence and "show facts tending to defeat the claim by probative force equal to that of the allegations of the proofs of claim themselves." Lundell, 223 F.3d at 1039 (quoting In re Holm, 931 F.2d 620, 623 (9th Cir. 1991)).


"The objector must produce evidence, which, if believed, would refute at least one of the allegations that is essential to the claim’s legal sufficiency." Lundell, 223 F.3d at 1040 (quoting In re Allegheny Int’l, Inc., 954 F.2d 167, 173-74 (3d Cir.

1992)). If the objecting party produces sufficient evidence to negate one or more of the sworn facts in the proof of claim, the burden reverts back to the claimant to prove the validity of the claim by a preponderance of the evidence. See In re Consol.

Pioneer Mort, 178 B.R. 222, 226 (9th Cir. BAP 1995), aff’d, 91 F.3d 151 (9th Cir. 1996) (quoting Allegheny Int’l, 954 F.2d at 173-74). The ultimate burden of persuasion remains at all times on the claimant. See Lundell, 223 F.3d at 1039; see also Holm, 931 F.2d at 623.


ANALYSIS:


Debtor acknowledges the fact that she entered into a written retail installment agreement with Car Show. She conceded that she could not maintain payments

11:00 AM

CONT...


Roshanda Jeannen Dodds


Chapter 13

pursuant to the agreement. Thus, CIG filed a lawsuit sometime around April 16, 2010. CIG was awarded a judgment against Debtor.


Cal. Code Civ. Proc. § 377 governs when a civil action, other than recovery of real property, can be commenced. Cal. Code Civ. Proc. § 377 prohibits a person for bringing suit or initiating an arbitration or other legal proceedings to collect debt after four years has passed. In this case, CIG filed a lawsuit and was awarded a judgment within the time limit.


Upon entry, a money judgment is enforceable for ten years. Cal. Code Civ.

Proc. § 683.02. At the end of this period, enforcement of the judgment is barred if not renewed, and any liens created by the enforcement process are extinguished. No further action, including levy, sale, collection, or delivery pursuant to the judgment, or pursuant to a writ or order issued to enforce the judgment, may take place. In re Lobherr, 282 B.R. 912 (Bankr. C.D. Cal. 2002).


CIG submitted its claim within the enforcement period. 11. U.S.C. § 502(b) (1). Furthermore, pursuant to 11 U.S.C. § 108(c), a judgment does not become unenforceable because the creditor failed to renew it when the stay is in effect. 11

U.S.C. §108(c) extends the period in which the creditor could enforce its judgment. Id. Thus, the period of duration under Cal. Code. Civ. Proc. §683 will not expire until thirty days after all the assets of Debtor’s estate have been finally distributed, an event that has not yet occurred.


TENTATIVE RULING


For all the reasons mentioned above, the Court is inclined to DENY the motion.


APPERANCES REQUIRED.

Party Information

11:00 AM

CONT...

Debtor(s):


Roshanda Jeannen Dodds


Chapter 13

Roshanda Jeannen Dodds Represented By Nicholas M Wajda

Movant(s):

Roshanda Jeannen Dodds Represented By Nicholas M Wajda

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-20908


Daniel Gardono and Dianna Isla


Chapter 13


#7.00 Stipulation Modifying Plan EH     

Docket 33


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Daniel Gardono Represented By Gregory Ashcraft

Joint Debtor(s):

Dianna Isla Represented By

Gregory Ashcraft

Movant(s):

Rod Danielson (TR) Pro Se

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-12774


Jimmie Moore, II


Chapter 13


#7.10 CONT Motion for order determining value of collateral From: 6/4/20

EH     


Docket 14

Tentative Ruling:

6/4/20

BACKGROUND


On April 13, 2020, Jimmie Moore ("Debtor") filed a Chapter 13 voluntary petition. Among the assets of the estate is a 2017 Kia Sportage (the "Property"). Pursuant to Claim 7 First Investors Servicing Corporation ("Creditor") holds a secured claim against the Property. Claim 7 identifies the total claim and the secured value of Claim 7 as $23,120.33.


On May 12, 2020, Debtor filed a motion to value the Property. Debtor asserts that the Property should be valued at $13,452. The Court also notes that the motion to value was filed before Creditor filed Claim 7, and the motion to value lists a total claim amount of $25,362.


DISCUSSION



One of the benefits of filing a Chapter 13 bankruptcy is that under § 506(a) the debtor

11:00 AM

CONT...


Jimmie Moore, II


Chapter 13

can bifurcate a secured, unavoidable debt, with one part representing the amount of the value of the collateral, and the deficiency being treated as an unsecured claim. See In re Penrod, 636 F.3d 1175, 1177 (9th Cir. 2011).


Presently, the Ninth Circuit has not established a uniform method for valuations. See In re Ayres, 2010 WL 652825 at *5 (Bankr. N.D. Cal. 2010) (collecting cases detailing vehicle valuation and describing the state of the law in the Ninth Circuit). In In re Morales, however, which this Court has previously cited with approval, it was determined that value should be calculated "by adjusting the Kelley Blue Book or

N.A.D.A. Guide retail value for a like vehicle by a reasonable amount in light of the evidence presented regarding the condition of the vehicle or any other relevant factors." In re Morales, 387 B.R. 36, 45 (Bankr.C.D.Cal.2008).


According to the court in In re Morales, the retail values, and not the private party values, are the appropriate starting points because the text of § 506(a)(2) refers to "the price a retail merchant would charge" and does not refer to the price a private party would charge. Morales at 46.


Here, Debtor has provided a Kelly Blue Book report identifying the "trade-in value" retail value of the Property. The Court cannot conclude that the Kelly Blue Book report provided is sufficient to allow the Court to determine the Property’s "retail value."


Tentative Ruling:



The Court is inclined to DENY the motion or CONTINUE the matter for Debtor to provide supplemental evidence.


APPEARANCES REQUIRED.


Party Information

11:00 AM

CONT...

Debtor(s):


Jimmie Moore, II


Chapter 13

Jimmie Moore II Represented By Nancy Korompis

Movant(s):

Jimmie Moore II Represented By Nancy Korompis

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10794


Corey Jason Gomes


Chapter 13


#8.00 CONT Confirmation of Chapter 13 Plan From: 4/30/20, 5/28/20

EH      


Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Corey Jason Gomes Represented By Norma Duenas

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11777


Daniel Anthony Moral and Jennifer Rios


Chapter 13


#9.00 CONT Confirmation of Chapter 13 Plan From: 5/14/20

EH      


Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Daniel Anthony Moral Represented By Kevin M Mahan

Joint Debtor(s):

Jennifer Rios Represented By

Kevin M Mahan

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-12092


Loi Phuoc Au and Nancy O Sengdara-Au


Chapter 13


#10.00 CONT Confirmation of Chapter 13 Plan From: 5/14/20

EH      


Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Loi Phuoc Au Represented By

Todd B Becker

Joint Debtor(s):

Nancy O Sengdara-Au Represented By Todd B Becker

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-12376


Merle Roger Johnson


Chapter 13


#11.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Merle Roger Johnson Represented By Arlene M Tokarz

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-12392


Angelita Kurmen


Chapter 13


#12.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Angelita Kurmen Represented By Rebecca Tomilowitz

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-12393


Rorye James Mosley, Sr.


Chapter 13


#13.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Rorye James Mosley Sr. Represented By Todd L Turoci

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-12423


Henry James Berdin Kilantang and Carla D. Kilantang


Chapter 13


#14.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Henry James Berdin Kilantang Represented By Paul Y Lee

Joint Debtor(s):

Carla D. Kilantang Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-12446


Ted Pattison


Chapter 13


#15.00 Confirmation of Chapter 13 Plan EH      

Docket 0

*** VACATED *** REASON: CASE DISMISSED 3/30/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ted Pattison Represented By

Edgar P Lombera

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-12466


Annette S. Cofer


Chapter 13


#16.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Annette S. Cofer Represented By Christopher J Langley Michael Smith

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-12476


Thomas Anthony Aguna, Sr. and Sandra Leane Aguna


Chapter 13


#17.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Thomas Anthony Aguna Sr. Represented By Dana Travis

Joint Debtor(s):

Sandra Leane Aguna Represented By Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-12553


Alexander Liberator Ygloria and Vivian Grace Ygloria


Chapter 7


#18.00 Confirmation of Chapter 13 Plan EH      

Docket 0

*** VACATED *** REASON: CASE CONVERTED TO CH 7 ON 4/27/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Alexander Liberator Ygloria Represented By Benjamin R Heston

Joint Debtor(s):

Vivian Grace Ygloria Represented By Benjamin R Heston

Trustee(s):

Arturo Cisneros (TR) Pro Se

11:00 AM

6:20-12559


Candice Eliabeth Costain


Chapter 13


#19.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Candice Eliabeth Costain Represented By Kristin R Lamar

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-12609


Robert A. Casillas


Chapter 13


#20.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Robert A. Casillas Represented By Joselina L Medrano

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-12638


Mary Therese Conley


Chapter 13


#21.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Mary Therese Conley Represented By Daniel King

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-12298


Christian Howard


Chapter 13


#21.10 CONT Confirmation of Chapter 13 Plan From: 6/4/20

EH      


Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Christian Howard Represented By Nicholas M Wajda

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:15-13218


Ramiro J Cruz and Norma Idalia Cruz


Chapter 13


#22.00 Trustee's Motion to Dismiss Case EH     

Docket 152

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 5/20/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ramiro J Cruz Represented By Summer M Shaw

Joint Debtor(s):

Norma Idalia Cruz Represented By Summer M Shaw

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:15-19432


Kirk Eugene Frantz and Mary Elizabeth Frantz


Chapter 13


#23.00 CONT Trustee's Motion to Dismiss Case From: 5/14/20

EH     


Docket 221


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Kirk Eugene Frantz Represented By Jenny L Doling

Joint Debtor(s):

Mary Elizabeth Frantz Represented By Jenny L Doling

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:16-15522


Jesus Danny Ontiveros, III and Marie Irene Ontiveros


Chapter 13


#24.00 Trustee's Motion to Dismiss Case EH     

Docket 82


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jesus Danny Ontiveros III Represented By Gary S Saunders

Joint Debtor(s):

Marie Irene Ontiveros Represented By Gary S Saunders

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:16-18398


Jose Luis Rojas


Chapter 13


#25.00 Trustee's Motion to Dismiss Case EH     

Docket 94


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jose Luis Rojas Represented By Jaime A Cuevas Jr.

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:16-20163


Sandra M. Hankins


Chapter 13


#26.00 Trustee's Motion to Dismiss Case EH     

Docket 123


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Sandra M. Hankins Represented By Michael Smith Craig K Streed Sundee M Teeple

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:16-21236


Ronald A Waters and Trisha Waters


Chapter 13


#27.00 Trustee's Motion to Dismiss Case EH         

Docket 101

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 5/26/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ronald A Waters Represented By Paul Y Lee

Joint Debtor(s):

Trisha Waters Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:17-12149


Irma Dalia Cantu


Chapter 13


#28.00 Trustee's Motion to Dismiss Case EH     

Docket 86


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Irma Dalia Cantu Represented By Leonard J Cravens

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:18-13714


Jose Martinez and Aurora Martinez


Chapter 13


#29.00 Trustee's Motion to Dismiss Case EH     

Docket 64

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

6/9/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jose Martinez Represented By Rebecca Tomilowitz

Joint Debtor(s):

Aurora Martinez Represented By Rebecca Tomilowitz

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:18-13810


Mario Portillo


Chapter 13


#30.00 Trustee's Motion to Dismiss Case EH     

Docket 54

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 5/26/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mario Portillo Represented By Rebecca Tomilowitz

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:18-17878


Sumanta Chakravarti and Madhumita Chakravarti


Chapter 13


#31.00 Trustee's Motion to Dismiss Case EH         

Docket 67

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 5/26/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Sumanta Chakravarti Represented By Paul Y Lee

Joint Debtor(s):

Madhumita Chakravarti Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:18-19696


Corinthia A. Williams


Chapter 13


#32.00 CONT Trustee's Motion to Dismiss Case From: 5/28/20

EH     


Docket 76


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Corinthia A. Williams Represented By Christopher J Langley Michael Smith

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:18-20547


Tawnie L Vanderham


Chapter 13


#33.00 CONT Trustee's Motion to Dismiss Case From: 5/14/20

EH     


Docket 98


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Tawnie L Vanderham Represented By Benjamin R Heston

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-10001


Jose Diaz and Betty Diaz


Chapter 13


#34.00 CONT Trustee's Motion to Dismiss Case From: 5/28/20

EH     


Docket 51

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

6/9/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jose Diaz Represented By

Nima S Vokshori

Joint Debtor(s):

Betty Diaz Represented By

Nima S Vokshori

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-10370


Jorge Avendano Sosa


Chapter 13


#35.00 Trustee's Motion to Dismiss Case EH     

Docket 38

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

6/9/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jorge Avendano Sosa Represented By Jaime A Cuevas Jr.

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-12482


Ramon Leo Delgado


Chapter 13


#36.00 Trustee's Motion to Dismiss Case EH     

Docket 34


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Ramon Leo Delgado Represented By Brian J Soo-Hoo

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-12676


Anthony P Mendoza and Lena E Mendoza


Chapter 13


#37.00 Trustee's Motion to Dismiss Case EH     

Docket 57

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

6/9/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Anthony P Mendoza Represented By Paul Y Lee

Joint Debtor(s):

Lena E Mendoza Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-13500


Joe A Pickens, II


Chapter 13


#38.00 Trustee's Motion to Dismiss Case EH     

Docket 46

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 5/28/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Joe A Pickens II Represented By William Radcliffe

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-13684


Ryan Sollazzo and Reanna Sollazzo


Chapter 13


#39.00 Trustee's Motion to Dismiss Case EH     

Docket 37


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Ryan Sollazzo Represented By Paul Y Lee

Joint Debtor(s):

Reanna Sollazzo Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-13706


Salem Eid Massoud


Chapter 13


#40.00 CONT Trustee's Motion to Dismiss Case From: 5/28/20

EH     


Docket 26

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

6/9/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Salem Eid Massoud Represented By Andrew Nguyen

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-14843


Rhonda Jan Kennedy


Chapter 13


#41.00 Trustee's Motion to Dismiss Case EH     

Docket 39

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 5/21/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rhonda Jan Kennedy Represented By Todd L Turoci

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-15644


Susana Perez Cline


Chapter 13


#42.00 Trustee's Motion to Dismiss Case EH     

Docket 24

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 5/28/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Susana Perez Cline Represented By Anthony B Vigil

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-15665


Kenyaita Denise Washington


Chapter 13


#43.00 CONT Trustee's Motion to Dismiss Case From: 5/28/20

EH     


Docket 44

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

6/9/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Kenyaita Denise Washington Represented By Norma Duenas

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-16544


Rudy Michael Castillo and Monica Michelle Castillo


Chapter 13


#44.00 Trustee's Motion to Dismiss Case EH     

Docket 40

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

6/9/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rudy Michael Castillo Represented By Nicholas M Wajda

Joint Debtor(s):

Monica Michelle Castillo Represented By Nicholas M Wajda

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-17416


Gerald Curtis Collins and Valerie Cecelia Collins


Chapter 13


#45.00 Trustee's Motion to Dismiss Case EH     

Docket 42


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Gerald Curtis Collins Represented By

M. Wayne Tucker

Joint Debtor(s):

Valerie Cecelia Collins Represented By

M. Wayne Tucker

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-18138


Carlos Villasenor and Christine Villasenor


Chapter 7


#46.00 Trustee's Motion to Dismiss Case EH     

Docket 26

*** VACATED *** REASON: CONVERTED TO CHAPTER 7 ON 6/10/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Carlos Villasenor Represented By Christopher Hewitt

Joint Debtor(s):

Christine Villasenor Represented By Christopher Hewitt

Trustee(s):

Charles W Daff (TR) Pro Se

11:01 AM

6:19-18361


Jorge Mercado and Martha Mercado


Chapter 13


#47.00 Trustee's Motion to Dismiss Case EH     

Docket 34


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jorge Mercado Represented By Paul Y Lee

Joint Debtor(s):

Martha Mercado Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-20007


Chris Dennis and Ami Dennis


Chapter 13


#48.00 Trustee's Motion to Dismiss Case EH     

Docket 38


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Chris Dennis Represented By

Christopher Hewitt

Joint Debtor(s):

Ami Dennis Represented By

Christopher Hewitt

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-20154


Bridgette Donnais Turner


Chapter 13


#49.00 CONT Trustee's Motion to Dismiss Case From: 5/28/20

EH     


Docket 38


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Bridgette Donnais Turner Represented By Joshua L Sternberg

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-20562


Emmanuel Pastor and Razel Pastor


Chapter 13


#50.00 Trustee's Motion to Dismiss Case EH     

Docket 32


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Emmanuel Pastor Represented By Gary S Saunders

Joint Debtor(s):

Razel Pastor Represented By

Gary S Saunders

Trustee(s):

Rod Danielson (TR) Pro Se

1:00 PM

6:18-20737


Alfredo N Adriano


Chapter 13


#51.00 CONT Order to show cause why Alon Darvish should not be sanctioned From: 8/22/19, 9/19/19, 11/21/19, 1/30/20, 3/12/20, 4/16/20

CASE DISMISSED 3/14/19


EH     


Docket 48

*** VACATED *** REASON: ORDER ENTERED 6/1/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Alfredo N Adriano Represented By Christopher J Langley

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:18-20732


Trevor D. Washington and Sandra Washington


Chapter 13


#1.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 4511 Appaloosa Court, Chino, California 91710


MOVANT: DEUTSCHE BANK TRUST COMPANY AMERICAS


EH     


Docket 43

*** VACATED *** REASON: TRAILED TO 2:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Trevor D. Washington Represented By Julie J Villalobos

Joint Debtor(s):

Sandra Washington Represented By Julie J Villalobos

Movant(s):

Deutsche Bank Trust Company Represented By Gilbert R Yabes Arnold L Graff Jacky Wang

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-13003


Mumtaz Sajjad


Chapter 7


#2.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 7419 Via Deldene, Highland, California 92346


MOVANT: MICHAEL W. DOUGLAS AND CINDY DOUGLAS, TRUSTEES OF THE SECOND AMENDED AND RESTATED, MICHAEL W. DOUGLAS AND CINDY DOUGLAS REVOCABLE TRUST DATED APRIL 10, 2017


EH     


Docket 22

*** VACATED *** REASON: TRAILED TO 2:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mumtaz Sajjad Represented By Michael R Perry

Movant(s):

Michael W. Douglas and Cindy Represented By Martin W. Phillips

Trustee(s):

Larry D Simons (TR) Pro Se

11:00 AM

6:20-13498


Jose Omar Zapata


Chapter 13


#3.00 Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate 29706 Stonewood Rd


MOVANT: JOSE OMAR ZAPATA


EH     


Docket 18

*** VACATED *** REASON: TRAILED TO 2:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jose Omar Zapata Represented By

J. Luke Hendrix

Movant(s):

Jose Omar Zapata Represented By

J. Luke Hendrix

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:20-12055


Nancy Luella Dobson


Chapter 7


#3.10 CONT Reaffirmation Agreement Between Debtor and Nissan Motor Acceptance Corporation re 2016 Nissan Sentra


From: 6/10/20 EH     

Docket 13


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Nancy Luella Dobson Pro Se

Trustee(s):

Arturo Cisneros (TR) Pro Se

2:00 PM

6:18-20732


Trevor D. Washington and Sandra Washington


Chapter 13


#4.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 4511 Appaloosa Court, Chino, California 91710


MOVANT: DEUTSCHE BANK TRUST COMPANY AMERICAS


EH     


Docket 43

Tentative Ruling: Tentative Ruling:

6/16/20


Service: Proper Opposition: Debtor


To attain relief from stay under 11. U.S.C §362(d)(1) "cause" must be shown. Deutsche Bank Trust Company Americans, (hereinafter "Deutsche Bank"), as Trustee for Residential Accredit Loans, Inc, Mortgage, claims that there is a lack of adequate protection of its interest in its property. Adequate protection is intended to compensate a secured creditor whose collateral declines in value while it is in the possession of, and being used by, a…debtor." People’s Capital& Leasing Corp. v. Big3d, Inc., 438 B.R. 214, 220 (B.A.P. 9th Cir. 2010).


By providing Deed of Trust, Corporate Assignment of Deed of Trust, post-petition Ledger, Notice of Trustee’s Sale, and Adjustable Rate Note, Deutsche Bank has shown neither is there any equity nor is its interest adequately protected. In re Gauvin, 24 B.R. 578, 580 (B.A.P. 9th Cir. 1982).


The burden now shifts to the opposing party, the Debtors, to show that the collateral is not declining in value or the movant is adequately protected by periodic cash

2:00 PM

CONT...


Trevor D. Washington and Sandra Washington


Chapter 13

payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1). 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.).


Debtors have not opposed the motion. Thus, they have not met their burden. Pursuant to LBR 9013-1(h), if a party does not timely file and serve documents, the Court may deem this lack of action to be consent to the granting or denial of the motion. Thus, the Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. §§ 362(d)(1) and 362(d)(2). GRANT relief from Rule 4001(a)(3) stay. Grant relief from ¶¶ 2 and 3. Debtor is a borrower as defined in Cal. Civ. Code § 2920.5(c)(2)(c). DENY request under ¶ 11 as moot.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


Party Information

Debtor(s):

Trevor D. Washington Represented By Julie J Villalobos

Joint Debtor(s):

Sandra Washington Represented By Julie J Villalobos

Movant(s):

Deutsche Bank Trust Company Represented By Gilbert R Yabes Arnold L Graff Jacky Wang

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:20-13003


Mumtaz Sajjad


Chapter 7


#5.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 7419 Via Deldene, Highland, California 92346


MOVANT: MICHAEL W. DOUGLAS AND CINDY DOUGLAS, TRUSTEES OF THE SECOND AMENDED AND RESTATED, MICHAEL W. DOUGLAS AND CINDY DOUGLAS REVOCABLE TRUST DATED APRIL 10, 2017


EH     


Docket 22

Tentative Ruling: Tentative Ruling:

Service: Proper Opposition: None


6/16/20


On May 22, 2020, Michael W. Douglas and Cindy Douglas, Trustees of the Second Amended and Restated, Michael W. Douglas and Cindy Douglas Revocable Trust (hereinafter "Douglas’ Trust") filed this motion for relief from stay pursuant to 11

U.S.C. §§ 362(d)(1) and 362(d)(2) regard to the Property located at 7419 Via Deldene, Highland, California 92346.


To attain relief from stay under 11. U.S.C §362(d)(1) "cause" must be shown. Douglas’ Trust claims that there is a lack of adequate protection of its interest in its property because of property taxes and a mechanic’s lien. Adequate protection is intended to compensate a secured creditor whose collateral declines in value while it is in the possession of, and being used by, a…debtor." People’s Capital& Leasing Corp. v. Big3d, Inc., 438 B.R. 214, 220 (B.A.P. 9th Cir. 2010).

2:00 PM

CONT...


Mumtaz Sajjad


Chapter 7

By providing Deed of Trust and Assignment of Rent, Note, Trustee’s Sale Guarantee, and Claim of Mechanics Lien, Douglas’ Trust has shown neither is there any equity nor is its interest adequately protected. In re Gauvin, 24 B.R. 578, 580 (B.A.P. 9th Cir. 1982); See also In re Mellor, 734 F.2d 1396 (9th Cir. 1985) (equity cushion of twenty percent sufficient).


To receive relief under 11 U.S.C. § 362(d)(2), both elements— (1) debtor has no equity in the property and (2) property is not necessary for an effective organization— must be met. 3 Collier on Bankruptcy ¶ 362.07[4] (Richard Levin & Henry J. Sommer eds., 16th ed.). Douglas’ Trust has provided evidence that Debtor does not have any equity in the property.


The burden now shifts to the opposing party, the Debtor, to show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1). 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.).


The Trustee’s opposition does not address the (d)(2) request, and also points to the approximate 12% equity cushion for purposes of (d)(1), which the Court finds insufficient. Further, without evidence of valuation, there is no basis to deny the motion or continue the hearing.


Debtor responded to the motion, claiming that she is in the process of a "new loan process," will be filing an adversary proceeding, a motion to strip a lien, or both. Dkt. No. 30. Debtor also claims that Douglas’ Trust has acted in bad faith because it has interfered with Debtor’s ability to refinance by contacting potential lenders and disparaging Debtor and Debtor’s spouse. Id.


However, Debtor has not challenged the mechanics lien by adversary and otherwise does not provide grounds to deny the motion.


The tentative ruling is to GRANT the motion. APPEARANCES REQURED.

2:00 PM

CONT...


Debtor(s):


Mumtaz Sajjad


Party Information


Chapter 7

Mumtaz Sajjad Represented By Michael R Perry

Movant(s):

Michael W. Douglas and Cindy Represented By Martin W. Phillips

Trustee(s):

Larry D Simons (TR) Pro Se

2:00 PM

6:20-13498


Jose Omar Zapata


Chapter 13


#6.00 Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate 29706 Stonewood Rd


MOVANT: JOSE OMAR ZAPATA


EH     


Docket 18


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jose Omar Zapata Represented By

J. Luke Hendrix

Movant(s):

Jose Omar Zapata Represented By

J. Luke Hendrix

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:18-16908


Visiting Nurse Association of the Inland Counties


Chapter 11


#7.00 Motion for Order (1) Authorizing the Debtor to Enter Into Transaction Outside the Ordinary Course of Business Pursuant to 11 U.S.C.§ 363(b), and (2) Waiving any Quarterly Fee Due Under 28 U.S.C. § 1930(a)(6) for Expenses Paid from CARES Act Funds; Memorandum of Points and Authorities; Declaration of Bruce Gordon in Support


EH         


Docket 578


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Visiting Nurse Association of the Represented By

David M Goodrich Beth Gaschen Jennifer Vicente Ryan W Beall Steven T Gubner Jason B Komorsky

Movant(s):

Visiting Nurse Association of the Represented By

David M Goodrich David M Goodrich Beth Gaschen Beth Gaschen Jennifer Vicente Jennifer Vicente Ryan W Beall Ryan W Beall Steven T Gubner

2:00 PM

CONT...


Visiting Nurse Association of the Inland Counties

Steven T Gubner Jason B Komorsky Jason B Komorsky


Chapter 11

2:00 PM

6:19-10279


Thomas Mount


Chapter 7

Adv#: 6:19-01050 Baker et al v. Mount


#1.00 Pre-Trial Conference RE: [1] Adversary case 6:19-ap-01050. Complaint by Jonathan Baker, Baker Entertainment Group against Thomas Mount. Unlawful and Fraudulent Business Practice Cal. Bus. & Prof. Code § 17200. et seq.

Nature of Suit: (62 (Dischargeability - 523(a)(2), 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)) (Cohen, Baruch)


From: 5/8/19, 6/5/19, 11/6/19 EH     

Docket 1

Debtor(s):

*** VACATED *** REASON: ADVERSARY DISMISSED 5/28/20

Party Information

Thomas Mount Represented By Christopher Hewitt

Defendant(s):

Thomas Mount Represented By Donald W Reid

Plaintiff(s):

Jonathan Baker Represented By Baruch C Cohen

Baker Entertainment Group Represented By Baruch C Cohen

Trustee(s):

Charles W Daff (TR) Pro Se

11:00 AM

6:18-17820


Maria Fabiola Marroquin


Chapter 7


#1.00 CONT Motion re Objection to the Debtor's Claimed Exemption From: 12/18/19

EH     


Docket 33

Party Information

Debtor(s):

Maria Fabiola Marroquin Represented By Mark A Mellor

Movant(s):

Karl T Anderson (TR) Represented By Robert P Goe

Thomas J Eastmond

Trustee(s):

Karl T Anderson (TR) Represented By Robert P Goe

Thomas J Eastmond

11:00 AM

6:19-17537


Jauregui Trucking, Inc.


Chapter 11


#2.00 Motion to Dismiss Case EH     

Docket 160

Party Information

Debtor(s):

Jauregui Trucking, Inc. Represented By Andrew S Bisom

Movant(s):

Jauregui Trucking, Inc. Represented By Andrew S Bisom

11:00 AM

6:15-13218

Ramiro J Cruz and Norma Idalia Cruz

Chapter 13


#1.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 43375 Madison Street, Indio, CA 92201


MOVANT: HSBC BANK USA NATIONAL ASSOCIATION


From: 6/9/20 EH     

Docket 153


Tentative Ruling:

6/9/2020


Service: Proper Opposition: Yes


The Court is inclined to:


Parties to apprise Court of status of arrears and adequate protection discussions, if any.


APPEARANCES REQUIRED.

Party Information

Debtor(s):

Ramiro J Cruz Represented By Summer M Shaw

Joint Debtor(s):

Norma Idalia Cruz Represented By Summer M Shaw

11:00 AM

CONT...

Movant(s):


Ramiro J Cruz and Norma Idalia Cruz


Chapter 13

HSBC Bank USA, National Represented By Darlene C Vigil Gilbert R Yabes

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:17-20217


Gregory Lincoln and Norma Araceli Lincoln


Chapter 13


#2.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 15695 Joshua St, Hesperia, California 92345


MOVANT: PENNYMAC LOAN SERVICES, LLC


EH         


Docket 65

*** VACATED *** REASON: CONTINUED TO 8/18/20 AT 11:00 A.M.

Tentative Ruling: Tentative Ruling:

6/30/20


Service: Proper Opposition: Debtor


To attain relief from stay under 11. U.S.C §362(d)(1) "cause" must be shown. PennyMac Loan Services, LLC (hereinafter "PennyMac") claims that post-petition post-confirmation mortgage payments due have not been made by the Debtors. "The failure, however, of a debtor to tender post-petition payments to a mortgagee does not mean that the secured creditor must be granted relief from the stay…Evidence of a post-petition delinquency only means that the debtor must then come forward with evidence demonstrating that the mortgagee’s secured interest is adequately protected." In re Middleton Place Assocs., 1993 Bankr. Lexis 2171, *28-*29 (Bankr. E.D. PA, 1993).


By providing the Note, Loan Modification Agreement, Deed of Trust, the Assignment of Deed to Trust, and the ledger of loan payments, PennyMac has established "cause" for relief under 11 U.S.C § 362(d)(1). In re Kim, 71 B.R. 1011, 1014 (Bankr. C.D. Cal. 1987).

11:00 AM

CONT...


Gregory Lincoln and Norma Araceli Lincoln


Chapter 13

The burden now shifts to the opposing party, the Debtors, to show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1). 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.).


Debtors have opposed this motion. Dkt. No. 73. Pg. 1. Debtors contest that they have failed to pay five payments. Id. They alleged that they only missed two payments and have made three payments, that of February, March, and April. Id. Debtors have been approved for a loan modification program trial plan under Veterans Administration Modification. Id. They are waiting to be approved permanently to cure remaining deficiencies. Id. In the alternative, it they are not granted the permanent loan modification, they are requesting an adequate protection agreement. Id. at 2.


Parties are to inform the Court of any adequate protection discussions, and the status of loan modification.


APPEARANCES REQUIRED.


Party Information

Debtor(s):

Gregory Lincoln Represented By Dana Travis

Joint Debtor(s):

Norma Araceli Lincoln Represented By Dana Travis

Movant(s):

PennyMac Loan Services, LLC Represented By Robert P Zahradka

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:18-14149


Alfredo Pena and Veronica Pena


Chapter 13


#3.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2013 TOYOTA TUNDRA


MOVANT: TOYOTA MOTOR CREDIT CORPORATION


From: 4/14/20, 6/9/20 EH     

Docket 50

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 6/15/20

Tentative Ruling:

4/14/2020


Service: Proper Opposition: Yes

Parties to apprise Court of status of adequate protection discussions. APPEARANCES REQUIRED.

Party Information

Debtor(s):

Alfredo Pena Represented By

Dana Travis Milton Williams

Joint Debtor(s):

Veronica Pena Represented By Dana Travis

Movant(s):

Toyota Motor Credit Corporation Represented By

11:00 AM

CONT...


Trustee(s):


Alfredo Pena and Veronica Pena


Austin P Nagel Kirsten Martinez


Chapter 13

Rod Danielson (TR) Pro Se

11:00 AM

6:18-14949


Alice Chow


Chapter 13


#4.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 2084 North Orange Avenue, Rialto, CA 92377


MOVANT: LAKEVIEW LOAN SERVICING


EH     


Docket 59

*** VACATED *** REASON: ORDER ENTERED 6/26/20

Tentative Ruling:

6/30/20


Service: Proper Opposition: None


To attain relief from stay under 11. U.S.C §362(d)(1) "cause" must be shown. Lakeview Loan Services, LLC (hereinafter "Lakeview") claims that post-petition post- confirmation mortgage payments due have not been made by the Debtor. "The failure, however, of a debtor to tender post-petition payments to a mortgagee does not mean that the secured creditor must be granted relief from the stay…Evidence of a post- petition delinquency only means that the debtor must then come forward with evidence demonstrating that the mortgagee’s secured interest is adequately protected." In re Middleton Place Assocs., 1993 Bankr. Lexis 2171, *28-*29 (Bankr. E.D. PA, 1993).


By providing the Note, Loan Modification Agreement, Deed of Trust, the Corporate Assignment of Deed of Trust, Assignment of Deed of Trust, and the ledger of loan payments, Lakeview has established "cause" for relief under 11 U.S.C § 362(d)(1). In re Kim, 71 B.R. 1011, 1014 (Bankr. C.D. Cal. 1987).


The burden now shifts to the opposing party, the Debtor, to show that the collateral is not declining in value or the movant is adequately protected by periodic cash

11:00 AM

CONT...


Alice Chow


Chapter 13

payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1). 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.).


Debtor has not opposed this motion. Thus, she has not met her burden. Pursuant to LBR 9013-1(h), if a party does not timely file and serve documents, the Court may deem this lack of action to be consent to the granting or denial of the motion. Thus, the Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. §§ 362(d)(1). GRANT relief from Rule 4001(a)(3) stay. GRANT request under ¶¶ 2, 3 and 12.

DENY request under ¶13 as moot.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


Party Information

Debtor(s):

Alice Chow Represented By

Andrew Nguyen

Movant(s):

Lakeview Loan Servicing, LLC Represented By Darlene C Vigil

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-11103


Golda Y Williams


Chapter 13


#5.00 Amended Motion (related document(s): 37 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2011 Jeep Liberty and Proof of Service. filed by Creditor Citizens Bank, N.A.)


MOVANT: CITIZENS BANK, N.A.


EH     


Docket 38

*** VACATED *** REASON: WITHDRAWAL FILED 6/29/20

Tentative Ruling: Tentative Ruling:

6/30/20


Service: Proper Opposition: None


To attain relief from stay under 11. U.S.C §362(d)(1), "cause" must be shown. Citizens Bank, N.A. (hereinafter "CB") claims that post-petition post-confirmation car payments have not been made by the Debtor. By providing the Retail Installment Sale Contract—Simple Finance Charge, Certificate of Title, and NADA Guides Value Report, CB has established "cause" for relief under 11 U.S.C § 362(d)(1). In re Roswell, 2007 Bankr. Lexis 57 (Bankr. S.D. Ill. 2007) (stating that a debtor’s failure to make her chapter 13 plan payments after they came due was evidence of her inability to properly fund the plan and to provide adequate protection to the credit union for its secured interest in debtor’s vehicle.).


The burden now shifts to the opposing party, the Debtor, to show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1). 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds.,

11:00 AM

CONT...


Golda Y Williams


Chapter 13

16th ed.).


Debtor has not opposed this motion. Thus, she has not met her burden. Pursuant to LBR 9013-1(h), if a party does not timely file and serve documents, the Court may deem this lack of action to be consent to the granting or denial of the motion. Thus, the Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1). GRANT relief from Rule 4001(a)(3) stay. GRANT request under ¶ 2.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


Party Information

Debtor(s):

Golda Y Williams Represented By Daniel King

Movant(s):

Citizens Bank, N.A. Represented By Scott S Weltman

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-12398


Jerry Melendrez and Laura Therese Melendrez


Chapter 13


#6.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 17016 Ocotilla Road, Apple Valley, CA 92307


MOVANT: BOSCO CREDIT LLC


EH     


Docket 54

Tentative Ruling: Tentative Ruling:

6/30/20


Service: Proper Opposition: Debtor


To attain relief from stay under 11. U.S.C §362(d)(1) "cause" must be shown. Bosco Credit, LLC (hereinafter "Bosco Credit") claims that post-petition post-confirmation mortgage payments due have not been made by the Debtors. "The failure, however, of a debtor to tender post-petition payments to a mortgagee does not mean that the secured creditor must be granted relief from the stay…Evidence of a post-petition delinquency only means that the debtor must then come forward with evidence demonstrating that the mortgagee’s secured interest is adequately protected." In re Middleton Place Assocs., 1993 Bankr. Lexis 2171, *28-*29 (Bankr. E.D. PA, 1993).


By providing the Home Equity Line of Credit Agreement and Disclosure Statement, Variable Interest Rate Revolving Line of Creed Deed of Trust, the Assignment of Deed to Trust, and the ledger of loan payments, Bosco Credit has established "cause" for relief under 11 U.S.C § 362(d)(1). In re Kim, 71 B.R. 1011, 1014 (Bankr. C.D. Cal. 1987).

11:00 AM

CONT...


Jerry Melendrez and Laura Therese Melendrez


Chapter 13

The burden now shifts to the opposing party, the Debtors, to show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1). 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.).


Debtors have opposed this motion. Dkt. No. 56. Debtor, Jerry Melendrez, declares that on June 9, 2020, he paid $1,588.00 and on June 12, 2020, he paid $1,748.00 to Bosco Credit. Id. at Decl. of Jerry Melendrez. He provided a confirmation number for each payment. He also claims that, by the hearing date, he will be current and the property is necessary for an effective reorganization.


Parties are to inform the Court of the current status of the delinquencies.


APPEARANCES REQUIRED.


Party Information

Debtor(s):

Jerry Melendrez Represented By Todd L Turoci

Joint Debtor(s):

Laura Therese Melendrez Represented By Todd L Turoci

Movant(s):

BOSCO CREDIT LLC Represented By Kelsey X Luu James F Lewin

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-18003


Ruben Macias and Carmen Macias


Chapter 13


#7.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 35212 Momat Ave, Wildomar, California 92595


MOVANT: U.S. BANK NATIONAL ASSOCIATION


From: 5/19/20 EH     

Docket 38

*** VACATED *** REASON: ORDER ENTERED 5/22/20

Tentative Ruling: Tentative Ruling:

5/19/20


Service: Proper Opposition: Debtor


To attain relief from stay under 11. U.S.C §362(d)(1) "cause" must be shown. U.S. Bank National Association (hereinafter "U.S. Bank") claims that post-petition post- confirmation mortgage payments due have not been made by the Debtors. "The failure, however, of a debtor to tender post-petition payments to a mortgagee does not mean that the secured creditor must be granted relief from the stay…Evidence of a post-petition delinquency only means that the debtor must then come forward with evidence demonstrating that the mortgagee’s secured interest is adequately protected." In re Middleton Place Assocs., 1993 Bankr. Lexis 2171, *28-*29 (Bankr. E.D. PA, 1993).


Debtors must show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1).

11:00 AM

CONT...


Ruben Macias and Carmen Macias


Chapter 13


Debtors have opposed the motion. Debtors state that "they were ill and fell behind in payments." Dkt. No. 40, Decl. of Atorney[sic] of Debtor. They have been trying to bring the account current ever since. Id. They have made one payment on April 24, 2020 and another two payments on May 2, 2020. Id. Debtors are requesting that U.S. Bank either withdraw its motion or agree to stay current adequate protection agreement.


Parties are to update the Court on the status of adequate protection discussions.


APPEARANCES REQUIRED.


Party Information

Debtor(s):

Ruben Macias Represented By Dana Travis

Joint Debtor(s):

Carmen Macias Represented By Dana Travis

Movant(s):

U.S. Bank National Association Represented By Robert P Zahradka

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-18372


Margarito Horta


Chapter 13


#8.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 8687 Yuba Road, Phelan, CA 92371


MOVANT: CENLAR FSB


From: 5/19/20 EH     

Docket 35

*** VACATED *** REASON: CASE DISMISSED 5/28/20

Tentative Ruling: Tentative Ruling:

5/19/20


Service: Proper Opposition: None


To attain relief from stay under 11. U.S.C §362(d)(1) "cause" must be shown. Censlar FSB as servicer for CitiMortgage, Inc. (hereinafter "Cen FSB") claims that post- petition preconfirmation and post-petition post-confirmation mortgage payments due have not been made by the Debtor. "The failure, however, of a debtor to tender post- petition payments to a mortgagee does not mean that the secured creditor must be granted relief from the stay…Evidence of a post-petition delinquency only means that the debtor must then come forward with evidence demonstrating that the mortgagee’s secured interest is adequately protected." In re Middleton Place Assocs., 1993 Bankr. Lexis 2171, *28-*29 (Bankr. E.D. PA, 1993).


Debtor must show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1).

11:00 AM

CONT...


Margarito Horta


Chapter 13


Debtor has not opposed the motion. Thus, she has not met her burden. Pursuant to LBR 9013-1(h), if a party does not timely file and serve documents, the Court may deem this lack of action to be consent to the granting or denial of the motion. Thus, the Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. §§ 362(d)(1). GRANT relief from Rule 4001(a)(3) stay. Grant relief from ¶¶ 2 and 3. Grant relief from the Co-debtor stay pursuant to 11 U.S.C. § 1301(a).


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


Party Information

Debtor(s):

Margarito Horta Represented By

James D. Hornbuckle

Movant(s):

Cenlar FSB as servicer for Represented By Nancy L Lee

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-19391


Florence Marie Rodriguez


Chapter 13


#9.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 29212 Mesa Crest Way, Menifee, CA 92584


MOVANT: U.S. BANK NATIONAL ASSOCIATION


From: 5/19/20 EH     

Docket 35

Tentative Ruling: Tentative Ruling:

5/19/20


Service: Proper Opposition: None


To attain relief from stay under 11. U.S.C § 362(d)(1) "cause" must be shown. U.S. Bank, National Association (hereinafter "U.S. Bank"), as trustee on behalf of the holders of the Citigroup Mortgage Loan Trust Inc. Asset-Backed Pass-Through Certificates, Series 20070-OPX, claims that post-petition post-confirmation mortgage payments due have not been made by the Debtor. "The failure, however, of a debtor to tender post-petition payments to a mortgagee does not mean that the secured creditor must be granted relief from the stay…Evidence of a post-petition delinquency only means that the debtor must then come forward with evidence demonstrating that the mortgagee’s secured interest is adequately protected." In re Middleton Place Assocs., 1993 Bankr. Lexis 2171, *28-*29 (Bankr. E.D. PA, 1993).


Debtor must show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens

11:00 AM

CONT...


Florence Marie Rodriguez


Chapter 13

or otherwise to overcome 11. U.S.C. § 362(d)(1).


Debtor has not opposed the motion. Thus, she has not met her burden. Pursuant to LBR 9013-1(h), if a party does not timely file and serve documents, the Court may deem this lack of action to be consent to the granting or denial of the motion. Thus, the Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. §§ 362(d)(1). GRANT relief from Rule 4001(a)(3) stay. Grant relief pursuant to ¶¶ 2 and 3. Co- debtor stay pursuant to 11. U.S.C. § 1301 is terminated.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


Party Information

Debtor(s):

Florence Marie Rodriguez Represented By Steven A Alpert

Movant(s):

U.S. Bank National Association as Represented By

Nancy L Lee Joseph C Delmotte

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-19422


Eugenio Giuseppe Mannella


Chapter 13


#10.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 32589 Winterberry Lane, Lake Elsinore, California 92532


MOVANT: REVERSE MORTGAGE SOLUTIONS INC


CASE DISMISSED 5/14/20


EH     


Docket 47


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Eugenio Giuseppe Mannella Represented By Suzette Douglas

Movant(s):

Reverse Mortgage Solutions, Inc. Represented By

Sean C Ferry

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-20126


Debra Suzanne Towne


Chapter 13


#11.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 11564 Pepper Street, Bloomington, California 92316


MOVANT: THE BANK OF NEW YORK MELLON


EH     


Docket 43

*** VACATED *** REASON: ORDER ENTERED 6/1/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Debra Suzanne Towne Represented By Paul Y Lee

Movant(s):

The Bank of New York Mellon FKA Represented By

Kirsten Martinez

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-20154


Bridgette Donnais Turner


Chapter 13


#12.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2017 Dodge Journey VIN 3C4PDCAB7HT569009


MOVANT: SCHOOLSFIRST FEDERAL CREDIT UNION


EH     


Docket 45

Tentative Ruling: Tentative Ruling:

6/30/20


Service: Proper Opposition: Debtor


To attain relief from stay under 11. U.S.C §362(d)(1) "cause" must be shown. SchoolsFirst Federal Credit Union (hereinafter "SchoolsFirst") claims that there is a lack of adequate protection of its interest in its property. Adequate protection is intended to compensate a secured creditor whose collateral declines in value while it is in the possession of, and being used by, a…debtor." People’s Capital& Leasing Corp. v. Big3d, Inc., 438 B.R. 214, 220 (B.A.P. 9th Cir. 2010).


By providing the Loan and Security Agreements and Disclosure Statement, Lien and Title Information, and loan ledger, SchoolsFirst has shown that its interest is not adequately protected. In re Gauvin, 24 B.R. 578, 580 (B.A.P. 9th Cir. 1982).


To receive relief under 11 U.S.C. § 362(d)(2), both elements— (1) debtor has no equity in the property and (2) property is not necessary for an effective organization—

11:00 AM

CONT...


Bridgette Donnais Turner


Chapter 13

must be met. 3 Collier on Bankruptcy ¶ 362.07[4] (Richard Levin & Henry J. Sommer eds., 16th ed.). SchoolsFirst has not met its burden to show that Debtor has no equity in the property. Valuation of the vehicle was not provided.


The burden now shifts to the opposing party, the Debtor, to show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1). 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.).


Debtor responded to this motion, stating that she "plans cure the default by June 27, 2020." Dkt. No. 50 Pg. 2. She sent a payment of $632.00 on June 12, 2020, sent a payment of $291.29 on June 21, 2020, and will send a payment of $315.43 on June 27, 2020. Id. at Decl. of Bridgette Donnais Turner.


Parties are to inform the Court on the status of the default. APPEARANCES REQUIRED.


Party Information

Debtor(s):

Bridgette Donnais Turner Represented By Joshua L Sternberg

Movant(s):

SchoolsFirst Federal Credit Union Represented By

Paul V Reza

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10164


Hernan Pizzulin and Tonya Thomas


Chapter 13


#13.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 3038 Jacinta Dr., Perris, CA 92571


MOVANT: BANK OF AMERICA, N.A.


From: 5/26/20 EH     

Docket 25

*** VACATED *** REASON: CONTINUED TO 7/28/20 AT 11:00 A.M.

Tentative Ruling:

5/26/2020


Service: Proper Opposition: Yes

Parties to apprise Court of status of arrears, if any. APPEARANCES REQUIRED.

Party Information

Debtor(s):

Hernan Pizzulin Represented By Tom A Moore

Joint Debtor(s):

Tonya Thomas Represented By Tom A Moore

Movant(s):

Bank of America, N.A. Represented By Darlene C Vigil

11:00 AM

CONT...

Trustee(s):


Hernan Pizzulin and Tonya Thomas


Chapter 13

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10235


Troy Brooks


Chapter 7


#14.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2018 Dodge Challenger


MOVANT: CITIZENS BANK, N.A.


EH     


Docket 29

Tentative Ruling: Tentative Ruling:

6/30/20


Service: Proper Opposition: None


To attain relief from stay under 11 U.S.C §362(d)(1) "cause" must be shown. Citizens Bank, N.A. (hereinafter "Citizens Bank") claims that there is a lack of adequate protection of its interest in its property. Adequate protection is intended to compensate a secured creditor whose collateral declines in value while it is in the possession of, and being used by, a…debtor." People’s Capital& Leasing Corp. v. Big3d, Inc., 438 B.R. 214, 220 (B.A.P. 9th Cir. 2010).


By providing the Retail Installment Sale Contract, Certificate of Title, and NADA Retail Value Report, Citizens Bank has shown neither is there any equity nor is its interest adequately protected. In re Gauvin, 24 B.R. 578, 580 (B.A.P. 9th Cir. 1982).


To receive relief under 11 U.S.C. § 362(d), both elements— (1) debtor has no equity in the property and (2) property is not necessary for an effective organization—must be met. 3 Collier on Bankruptcy ¶ 362.07[4] (Richard Levin & Henry J. Sommer eds.,

11:00 AM

CONT...


Troy Brooks


Chapter 7

16th ed.). Citizens Bank has provided evidence that Debtor does not have any equity in the property.


The burden now shifts to the opposing party, the Debtor, to show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1). 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.). Debtor also has the burden of proving that the property at issue is necessary to an effective organization. 11 U.S.C. § 362(g). Debtor has not opposed the motion.


Because a Chapter 7 proceeding does not involve a reorganization, it is generally presumed that the second condition under 11 U.S.C. § 362(d)(2)(B) is met in a Chapter 7 proceeding." In re Williamson, 2009 Bankr. Lexis 5571, *5 (Bankr. S.D. Ga. 2009). The lack of a response from Debtor, pursuant to Local Bankruptcy Rule 9013-1(h), may be deemed to be consent to the granting or denial of the motion. Thus, the Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. §§ 362(d)(1) and 362(d)(2). GRANT relief from Rule 4001(a)(3) stay. GRANT request under ¶ 2.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.



Party Information

Debtor(s):

Troy Brooks Represented By

Kevin Tang

Movant(s):

Citizens Bank, N.A. Represented By Scott S Weltman

Trustee(s):

Robert Whitmore (TR) Pro Se

11:00 AM

6:20-11063


Luis Fernando Narvaez Escoto


Chapter 13


#15.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 27514 Spring Street, Perris, CA 92570; APN 345-060-033-6


MOVANT: JESUS AND MARYLOU MOYA


From: 5/26/20, 6/9/20 EH     

Docket 24


Tentative Ruling:

5/26/2020


Service: Improper Opposition: None


Parties to apprise the Court of the status of arrears, if any, and the status of the insurance policy.


APPEARANCES REQUIRED.

Party Information

Debtor(s):

Luis Fernando Narvaez Escoto Represented By Todd L Turoci

Movant(s):

Jesus Moya Represented By

Mark A Mellor

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11944


Ronald V. Cruz


Chapter 7


#16.00 Notice of motion and motion for relief from automatic stay with supporting declarations ACTION IN NON-BANKRUPTCY FORUM RE: LASC No.

BD537975 Los Angeles Superior Court Case No. BD537975 MOVANT: PATRICIA M. CRUZ

EH     


Docket 16

Tentative Ruling:

TENTATIVE RULING:

Background


On January 19, 2011, Patricia Moonyeen Cruz (hereinafter "Movant") and Ronald

  1. Cruz were opposing parties in a divorce proceeding in the Superior Court of the State of California. Dkt. No. 16, Decl. of Abe A. D. Marapao. On June 26, 2018, Movant and Debtor entered into a stipulation agreement, which was approved by the Superior Court. Id. Here are the pertinent terms, conditions, and provisions that Debtor agreed to pay to or for Movant and filed as unsecured claims in his commencement documents:


Movant claims that because of the nature of the claim, that is, they are un-dischargeable, and they arise from a divorcee proceeding, they can be most expeditiously resolved in a non-bankruptcy forum. Id. Pg. 16.

11:00 AM

CONT...


Ronald V. Cruz


Chapter 7

Analysis


Pursuant to 11 U.S.C. §362 (1), the filing of a Chapter 11 voluntary petition operates as a stay on an enforcement of a judgment against the debtor or against the property of the estate. At the filing of a Chapter 7 voluntary petition creates an estate. Such estate is comprised of property, wherever located and by whomever held, all legal or equitable interests of the debtor in property. 11 U.S.C. §541(a) (2). These clauses, as a whole, put a stay on the enforcement of the unlawful detainer and the continuation of its appeal.


11 U.S.C. § 362(d)(1) states:


  1. On request of a party in interest and after notice and a hearing, the court shall grant relief from the stay provided under subsection (a) of this section, such as by terminating, annulling, modifying, or conditioning such stay –

    1. for cause, including the lack of adequate protection of an interest in property of such party in interest;


II. Non-

Bankruptcy Action


In considering a motion for relief from the automatic stay to pursue a non- bankruptcy action, the Court applies the Curtis factors:


(1) whether the relief will result in a partial or complete resolution of the issues; (2) the lack of any connection with or interference with the bankruptcy case; (3) whether the foreign proceeding involves the debtor as fiduciary; (4) 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; (5) whether the debtor’s insurance carrier has assumed full financial responsibility for defending the litigation; (6) whether the action essentially involves third parties, and the debtor functions only as a bailee or conduit for the good or proceeds in question; (7) whether the litigation in another forum would prejudice the interests of other creditors, the creditor’s

11:00 AM

CONT...


Ronald V. Cruz

committee and other interested parties; (8) whether the judgment claim arising from the foreign action is subject to equitable subordination; (9)


Chapter 7

whether movant’s success in the foreign proceeding would result in a judicial lien avoidable by the debtor under Section 522(f); (10) the interests of judicial economy and the expeditious and economical determination of litigation for the parties; (11) whether the foreign proceedings have progressed to the point where the parties are prepared for trial; and (12) the impact of the stay and the "balance of hurt."


In re Roger, 539 B.R. 837, 844-45 (C.D. Cal. 2015); see also In re Kronemyer, 405 B.R. 915, 921 (B.A.P. 9th Cir. 2009) (adopting Curtis factors). In Roger, the Court further stated:


The Ninth Circuit has recognized that the Curtis factors are appropriate, nonexclusive, factors to consider in deciding whether to grant relief from the automatic stay to allow pending litigation to continue in another forum.

While the Curtis factors are widely used to determine the existence of cause, not all of the factors are relevant in every case, nor is a court required to give each factor equal weight. According to the court in Curtis, the most important factor in determining whether to grant relief from the automatic stay to permit litigation against the debtor in another forum is the effect of such litigation on the administration of the estate. Even slight interference with the administration may be enough to preclude relief in the absence of a commensurate benefit. That said, some cases involving the automatic stay provision do not mention the Curtis factors at all.


A. Summary of Relevant Factors


Complete or partial resolution of the issues. Movant’s claims against Debtor are non-dischargeable because they are considered domestic support obligations. 11

U.S.C. §§ 523(a)(5) and 523(a)(15). The Superior Court may be best able to resolve said issue because of its expertise in hearing those types of matters. This factor weighs in favor of Movant.


Connection with bankruptcy case. There is little to any connection to the bankruptcy case at hand. The claims are non-dischargeable and would not affect

11:00 AM

CONT...


Ronald V. Cruz

the estate. This factor weighs in favor of Movant.


Prejudice to creditors/interested parties. The expense required to litigate this action would prejudice Debtor’s creditors. However, litigation expenses are always applicable when a party seeks relief from the automatic stay to pursue litigation in a different forum. This factor is neutral


Chapter 7


Judicial economy. Having a protracted litigation of a separate proceeding in a non- bankruptcy forum appears uneconomical. However, the litigation would take place in a forum where both parties are residence of. Thus, this factor is neutral.


Ready for trial. Movant and Debtor had settled the matter with a stipulation agreement eight years after the divorce proceeding commenced. Thus, significant activity has taken place in this action. This factor weighs in favor of Movant.


Balance of Harm. It does not appear that either party would be significantly harm by continuing the proceeding in a non-bankruptcy forum. This factor is neutral.


Debtor has not opposed the motion. The lack of a response from Debtor, pursuant to Local Bankruptcy Rule 9013-1(h), may be deemed to be consent to the granting or denial of the motion.

Tentative Ruling:


For the reasons mentioned above and weighing the Curtis Factors, the Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1). GRANT relief from Rule 4001(a)(3) stay. GRANT request under ¶¶ 2 and 6.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


Party Information

Debtor(s):

Ronald V. Cruz Represented By Walter Scott

11:00 AM

CONT...

Movant(s):


Ronald V. Cruz


Chapter 7

Patricia Moonyeen Cruz Represented By

William H Brownstein

Trustee(s):

Charles W Daff (TR) Pro Se

11:00 AM

6:20-12030


Jason R Reza


Chapter 7


#17.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2016 FORD C-MAX


MOVANT: CARVANA LLC


EH     


Docket 20

Tentative Ruling: Tentative Ruling:

6/30/20


Service: Proper Opposition: None


To attain relief from stay under 11 U.S.C §362(d)(1) "cause" must be shown. Carvana, LLC (hereinafter "Carvana") claims that there is a lack of adequate protection of its interest in its property. Adequate protection is intended to compensate a secured creditor whose collateral declines in value while it is in the possession of, and being used by, a…debtor." People’s Capital& Leasing Corp. v. Big3d, Inc., 438 B.R. 214, 220 (B.A.P. 9th Cir. 2010).


By providing the Conditional Sale Contract and Security Agreement, Lien and Title Information, and NADA Guides Value Report, Carvana has shown neither is there any equity nor is its interest adequately protected. In re Gauvin, 24 B.R. 578, 580 (B.A.P. 9th Cir. 1982).


To receive relief under 11 U.S.C. § 362(d), both elements— (1) debtor has no equity in the property and (2) property is not necessary for an effective organization—must

11:00 AM

CONT...


Jason R Reza


Chapter 7

be met. 3 Collier on Bankruptcy ¶ 362.07[4] (Richard Levin & Henry J. Sommer eds., 16th ed.). Carvana has provided evidence that Debtor does not have any equity in the property.


The burden now shifts to the opposing party, the Debtor, to show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1). 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.). Debtor also has the burden of proving that the property at issue is necessary to an effective organization. 11 U.S.C. § 362(g). Debtor has not opposed the motion.


Because a Chapter 7 proceeding does not involve a reorganization, it is generally presumed that the second condition under 11 U.S.C. § 362(d)(2)(B) is met in a Chapter 7 proceeding." In re Williamson, 2009 Bankr. Lexis 5571, *5 (Bankr. S.D. Ga. 2009). The lack of a response from Debtor, pursuant to Local Bankruptcy Rule 9013-1(h), may be deemed to be consent to the granting or denial of the motion. Thus, the Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. §§ 362(d)(1) and 362(d)(2). GRANT relief from Rule 4001(a)(3) stay. GRANT request under ¶ 2. DENY request under ¶ 11 as moot.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.



Party Information

Debtor(s):

Jason R Reza Represented By

Paul Y Lee

Movant(s):

Carvana, LLC Represented By

Lemuel Bryant Jaquez

Trustee(s):

Todd A. Frealy (TR) Pro Se

11:00 AM

6:20-12507


Jose Arquimides Ibarra and Ana Maria Ibarra


Chapter 7


#18.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: Truck and Trailer


MOVANT: OPPORTUNITY FUND COMMUNITY DEVELOPMENT


EH     


Docket 15

Tentative Ruling: Tentative Ruling:

6/30/20


Service: Proper Opposition: None


To attain relief from stay under 11 U.S.C §362(d)(1) "cause" must be shown. Opportunity Fund Community Development (hereinafter "OFCD") claims that there is a lack of adequate protection of its interest in its property. Adequate protection is intended to compensate a secured creditor whose collateral declines in value while it is in the possession of, and being used by, a…debtor." People’s Capital& Leasing Corp. v. Big3d, Inc., 438 B.R. 214, 220 (B.A.P. 9th Cir. 2010).


By providing the Loan Agreement for the vehicle and the trailer, Certificate of Title for the vehicle and the trailer, and the Debtor’s intent to surrender the vehicle, OFCD has shown "cause." In re Gauvin, 24 B.R. 578, 580 (B.A.P. 9th Cir. 1982).


To receive relief under 11 U.S.C. § 362(d), both elements— (1) debtor has no equity in the property and (2) property is not necessary for an effective organization—must be met. 3 Collier on Bankruptcy ¶ 362.07[4] (Richard Levin & Henry J. Sommer eds.,

11:00 AM

CONT...


Jose Arquimides Ibarra and Ana Maria Ibarra


Chapter 7

16th ed.). Carvana has provided evidence that Debtor does not have any equity in the property.


The burden now shifts to the opposing party, the Debtor, to show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1). 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.). Debtor also has the burden of proving that the property at issue is necessary to an effective organization. 11 U.S.C. § 362(g). Debtor has not opposed the motion.


Debtor and OFCD’s counsel submitted a stipulation agreeing to (1) that the automatic stay be granted to OFCD, (2) Rule 4001(a)(3) be waived, and (3) and that the stipulation order be binding for any subsequent proceeding if this proceeding is dismissed. Dkt. No. 21.


However, it appears the stipulation was filed incorrectly a "response," not as a stipulation.


APPEARANCES REQUIRED.


Party Information

Debtor(s):

Jose Arquimides Ibarra Represented By Antonio John Ibarra

Joint Debtor(s):

Ana Maria Ibarra Represented By Antonio John Ibarra

Movant(s):

Opportunity Fund Community Represented By Mark Mark Good

11:00 AM

CONT...

Trustee(s):


Jose Arquimides Ibarra and Ana Maria Ibarra


Chapter 7

Howard B Grobstein (TR) Pro Se

11:00 AM

6:20-12538


Juan Sandoval


Chapter 7


#19.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2019 Honda Accord; VIN# 1HGCV1F39KA169387


MOVANT: FIRST TECH FEDERAL CREDIT UNION


EH     


Docket 11

Tentative Ruling: Tentative Ruling:

6/30/20


Service: Proper Opposition: None


To attain relief from stay under 11. U.S.C §362(d)(1) "cause" must be shown. First Tech Federal Credit Union (hereinafter "First Tech") claims that there is a lack of adequate protection of its interest in its property. Adequate protection is intended to compensate a secured creditor whose collateral declines in value while it is in the possession of, and being used by, a…debtor." People’s Capital& Leasing Corp. v. Big3d, Inc., 438 B.R. 214, 220 (B.A.P. 9th Cir. 2010).


By providing the Retail Installment Sale Contract, Certificate of Title, NADA Retail Value, Debtor’s intent to surrender the vehicle, and Transaction History, First Tech has shown that its interest is not adequately protected. In re Gauvin, 24 B.R. 578, 580 (B.A.P. 9th Cir. 1982).


To receive relief under 11 U.S.C. § 362(d)(2), both elements— (1) debtor has no

11:00 AM

CONT...


Juan Sandoval


Chapter 7

equity in the property and (2) property is not necessary for an effective organization— must be met. 3 Collier on Bankruptcy ¶ 362.07[4] (Richard Levin & Henry J. Sommer eds., 16th ed.). SchoolsFirst has not met its burden to show that Debtor has no equity in the property. Valuation of the vehicle was not provided.


The burden now shifts to the opposing party, the Debtor, to show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1). 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.).


Because a Chapter 7 proceeding does not involve a reorganization, it is generally presumed that the second condition under 11 U.S.C. § 362(d)(2)(B) is met in a Chapter 7 proceeding." In re Williamson, 2009 Bankr. Lexis 5571, *5 (Bankr. S.D. Ga. 2009). Debtor has not responded to this motion, and Debtor has indicated his intent to surrender the vehicle. Thus, the Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. §§ 362(d)(1) and 362(d)(2). GRANT relief from Rule 4001(a)

(3) stay. GRANT request under ¶ 2.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


Party Information

Debtor(s):

Juan Sandoval Represented By

George C Panagiotou

Movant(s):

First Tech Federal Credit Union Represented By Arnold L Graff

Trustee(s):

Steven M Speier (TR) Pro Se

11:00 AM

CONT...


Juan Sandoval


Chapter 7

11:00 AM

6:20-12783


Soo Young Cheong


Chapter 7


#20.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: One 2016 Volvo Tractor Truck, two 2018 Volvo Tractor Truck and one 2019 Wabash Trailer, VINs: 4V4NC9EH3GN943131, 4V4NC9EH7JN886214, 4V4NC9EH2JN999522 &

1JJV532DXKL116193


MOVANT: BMO HARRIS BANK N.A.


EH     


Docket 17

Tentative Ruling: Tentative Ruling:

6/30/20


Service: Proper Opposition: None


To attain relief from stay under 11. U.S.C §362(d)(1) "cause" must be shown. BMO Harris Bank, N.A. (hereinafter "BMO") claims that Soo Young Cheong (hereinafter "Debtor"), who filed a Chapter 7 petition, failed to timely meet the requirements of 11

U.S.C. § 521(A)(2)(A); thus, the automatic stay is terminated pursuant to 11 U.S.C. § 362(h).


"The Bankruptcy Code requires and individual debtor in a chapter 7 case to [file a statement of his intention with respect to the retention or surrender of such property]. 11 U.S.C. § 521(a)(2). A debtor must file a statement of intention…within [the earlier of thirty days after the filing of the petition or thirty days after the first date set for the meeting of creditors]…If a debtor fails to timely meet those obligations, the automatic

11:00 AM

CONT...


Soo Young Cheong


Chapter 7

stay terminates and the property is removed from the estate unless the Chapter 7 trustee obtains a determination that the property is of consequential value or benefit to the estate. 11 U.S.C. §§ 521(a)(2)(C), 362(h)(1) and (2)." In re Blixseth, 685 F.3d 865, 867 (9th Cir. 2012).


BMO provided the Loan and Security Agreements, the Certificates of Titles, Modification Agreements, and Loan Damage Calculators of a 2016-Volvo-Tractor Truck, two 2018-Volvo-Tractor Trucks, and a 2019-Wabash Trail (hereinafter, collectively the "Vehicles"). These documents show that the Vehicles are personal property of the Debtor and collateral of the claims owed to BMO. Debtor neither listed these Vehicles in his commencement document nor listed his intentions for these Vehicles. To timely state his intentions for the vehicles, Debtor would have had to file his Statement of Intention by May 13, 2020. No such Statement of Intention, stating whether Debtor plan on retaining or surrendering these Vehicles, was filed.

Second, no such determination was made by the Chapter 7 Trustee on whether the Vehicles were consequential value or benefit to the estate.


Thus, the Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. §§ 362(d)(1) and 362(d)(2). GRANT relief from Rule 4001(a)(3) stay. GRANT request under ¶ 2. GRANTS request to confirm that there is no stay in effect.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


Party Information

Debtor(s):

Soo Young Cheong Represented By Jong Y Kim

Movant(s):

BMO HARRIS BANK N.A. Represented By

Raffi Khatchadourian

Trustee(s):

Howard B Grobstein (TR) Pro Se

11:00 AM

CONT...


Soo Young Cheong


Chapter 7

11:00 AM

6:20-13003


Mumtaz Sajjad


Chapter 7


#21.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 7419 Via Deldene, Highland, California 92346


MOVANT: MICHAEL W. DOUGLAS AND CINDY DOUGLAS, TRUSTEES OF THE SECOND AMENDED AND RESTATED, MICHAEL W. DOUGLAS AND CINDY DOUGLAS REVOCABLE TRUST DATED APRIL 10, 2017


From: 6/16/20 EH     

Docket 22

*** VACATED *** REASON: ORDER ENTERED 6/22/20

Tentative Ruling: Tentative Ruling:

Service: Proper Opposition: None


6/16/20


On May 22, 2020, Michael W. Douglas and Cindy Douglas, Trustees of the Second Amended and Restated, Michael W. Douglas and Cindy Douglas Revocable Trust (hereinafter "Douglas’ Trust") filed this motion for relief from stay pursuant to 11

U.S.C. §§ 362(d)(1) and 362(d)(2) regard to the Property located at 7419 Via Deldene, Highland, California 92346.


To attain relief from stay under 11. U.S.C §362(d)(1) "cause" must be shown. Douglas’ Trust claims that there is a lack of adequate protection of its interest in its property because of property taxes and a mechanic’s lien. Adequate protection is intended to compensate a secured creditor whose collateral declines in value while it is in the possession of, and being used by, a…debtor." People’s Capital& Leasing

11:00 AM

CONT...


Mumtaz Sajjad


Chapter 7

Corp. v. Big3d, Inc., 438 B.R. 214, 220 (B.A.P. 9th Cir. 2010).


By providing Deed of Trust and Assignment of Rent, Note, Trustee’s Sale Guarantee, and Claim of Mechanics Lien, Douglas’ Trust has shown neither is there any equity nor is its interest adequately protected. In re Gauvin, 24 B.R. 578, 580 (B.A.P. 9th Cir. 1982); See also In re Mellor, 734 F.2d 1396 (9th Cir. 1985) (equity cushion of twenty percent sufficient).


To receive relief under 11 U.S.C. § 362(d)(2), both elements— (1) debtor has no equity in the property and (2) property is not necessary for an effective organization— must be met. 3 Collier on Bankruptcy ¶ 362.07[4] (Richard Levin & Henry J. Sommer eds., 16th ed.). Douglas’ Trust has provided evidence that Debtor does not have any equity in the property.


The burden now shifts to the opposing party, the Debtor, to show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1). 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.).


The Trustee’s opposition does not address the (d)(2) request, and also points to the approximate 12% equity cushion for purposes of (d)(1), which the Court finds insufficient. Further, without evidence of valuation, there is no basis to deny the motion or continue the hearing.


Debtor responded to the motion, claiming that she is in the process of a "new loan process," will be filing an adversary proceeding, a motion to strip a lien, or both. Dkt. No. 30. Debtor also claims that Douglas’ Trust has acted in bad faith because it has interfered with Debtor’s ability to refinance by contacting potential lenders and disparaging Debtor and Debtor’s spouse. Id.


However, Debtor has not challenged the mechanics lien by adversary and otherwise does not provide grounds to deny the motion.


The tentative ruling is to GRANT the motion.

11:00 AM

CONT...


Mumtaz Sajjad


Chapter 7

APPEARANCES REQURED.


Party Information

Debtor(s):

Mumtaz Sajjad Represented By Michael R Perry

Movant(s):

Michael W. Douglas and Cindy Represented By Martin W. Phillips

Trustee(s):

Larry D Simons (TR) Pro Se

11:00 AM

6:20-13345


Priscilla Elizabeth Lara


Chapter 7


#22.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2016 Kia Forte, VIN: KNAFK4A69G5611881


MOVANT: SANTANDER CONSUMER USA INC


EH     


Docket 9

Tentative Ruling: Tentative Ruling:

6/30/20


Service: Proper Opposition: None


To attain relief from stay under 11. U.S.C §362(d)(1) "cause" must be shown. Santander Consumer USA, Inc. (hereinafter "Santander") claims that there is a lack of adequate protection of its interest in its property. Adequate protection is intended to compensate a secured creditor whose collateral declines in value while it is in the possession of, and being used by, a…debtor." People’s Capital& Leasing Corp. v.

Big3d, Inc., 438 B.R. 214, 220 (B.A.P. 9th Cir. 2010).


By providing the Retail Installment Sale Contract, Certificate of Title, NADA Retail Value, and Debtor’s intent to surrender the vehicle, Santander has shown neither is there any equity nor is its interest adequately protected. In re Gauvin, 24 B.R. 578, 580 (B.A.P. 9th Cir. 1982).


To receive relief under 11 U.S.C. § 362(d)(2), both elements— (1) debtor has no

11:00 AM

CONT...


Priscilla Elizabeth Lara


Chapter 7

equity in the property and (2) property is not necessary for an effective organization— must be met. 3 Collier on Bankruptcy ¶ 362.07[4] (Richard Levin & Henry J. Sommer eds., 16th ed.). Santander has met its burden to show that Debtor has no equity in the property.


The burden now shifts to the opposing party, the Debtor, to show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1). 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.).


Because a Chapter 7 proceeding does not involve a reorganization, it is generally presumed that the second condition under 11 U.S.C. § 362(d)(2)(B) is met in a Chapter 7 proceeding." In re Williamson, 2009 Bankr. Lexis 5571, *5 (Bankr. S.D. Ga. 2009). Debtor has neither responded to this motion nor indicated his intent to surrender the vehicle. Thus, the Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. §§ 362(d)(1) and 362(d)(2). GRANT relief from Rule 4001(a)(3) stay.

GRANT request under ¶ 2. DENY request under ¶ 11 as moot.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


Party Information

Debtor(s):

Priscilla Elizabeth Lara Represented By Edgar P Lombera

Movant(s):

Santander Consumer USA Inc. Represented By Sheryl K Ith

Trustee(s):

Charles W Daff (TR) Pro Se

11:00 AM

CONT...


Priscilla Elizabeth Lara


Chapter 7

11:00 AM

6:20-13426


Joseph R. Hernandez


Chapter 13


#23.00 CONT Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate Real Property


MOVANT: JOSEPH HERNANDEZ


From: 6/9/20 EH     

Docket 10


Tentative Ruling:

6/9/2020


Service: Improper Opposition: None


In this case, a statutory presumption of bad faith arises pursuant to11

U.S.C. § 362(c)(4)(D)(i)(I) because Debtor had two bankruptcy cases dismissed in the previous year. Section 362(c)(4)(D) requires that the statutory presumption of bad faith be rebutted by "clear and convincing evidence." As to the 2018 case, Debtor intended to prove that there was a change in his personal situation pursuant to 11 U.S.C. § 362(c)(4)(D) (i)(III). Nevertheless, Debtor failed to provide any evidence relevant to prove his expenses as he alleged that he did not save receipts and bank statements in his declaration. The Court notes Debtor can contact the hotel and request copies of receipts. As to the 2019 case, Debtor did not provide any information whatsoever regarding how much his income was reduced or how much money he earned when he was employed at Pepsi and Amazon after he was terminated from Food For Less. In addition, the evidence submitted to the Court merely show that his situation was improved partly because he was receiving the unemployment benefits which is a temporary benefit, nor is there evidence of reconciliation between Debtor and his wife. Last, the proof

11:00 AM

CONT...


Joseph R. Hernandez


Chapter 13

of service is dated October 2020. Therefore, the Court is inclined to DENY the request to impose the stay as to all creditors.


APPEARANCES REQUIRED.

Party Information

Debtor(s):

Joseph R. Hernandez Represented By Michael Smith

Movant(s):

Joseph R. Hernandez Represented By Michael Smith

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-13498


Jose Omar Zapata


Chapter 13


#24.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 29706 Stonewood Road, Temecula, CA 92591


MOVANT: WILMINGTON SAVINGS FUND SOCIETY, FSB


EH         


Docket 10

Tentative Ruling: Tentative Ruling:

6/30/20


Service: Proper Opposition: Debtor


On March 9, 2020 ("Petition Date"), Jose Omar Zapata (hereinafter "Debtor") filed a Chapter 13 voluntary petition. In his commencement documents, Debtor listed the property located at 29706 Stonewood Road, Temecula, California 91775 (hereinafter the "Property") in his commencement documents.


On May 28, 2020, Wilmington Savings Fund Society (hereinafter "FSB"), as owner trustee of the Residential Credit Opportunities Trust V-E, filed this motion for relief from stay, claiming, amongst other things, that the filing of this petition is part of a scheme to delay, hinder, or defraud it. Dkt. No. 10, Pg.10. FSB provided evidence showing within the last two years bankruptcy petitions which affected this Property. Id.


A petition filed under this title, operates as a stay to 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. 11 U.S.C § 362(a). The property of the estate includes all legal

11:00 AM

CONT...


Jose Omar Zapata


Chapter 13

or equitable interests of the debtor in property. 11 U.S.C. §541(a)(1).


FSB listed several bankruptcy filings, other than this one: one filed by the Debtor and two filed by Jackie May Zapata, spouse of the Debtor. In regard to the first case

(18-18622) filed by Jackie May Zapata, the Trustee requested the case be dismissed at the confirmation hearing because (1) only one of the three plan payments were paid,

  1. only one of the three mortgage payments that came due were paid, and (3) there was a pending creditor objection. In regard to the second case (20-10662) filed by Jackie May Zapata, the Trustee requested the case be dismissed because (1) Debtor failed to make the April payment to the Trustee, (2) there was no evidence of March or April mortgage payment being made, (3) and Debtor’s failure to file multiple required documents. In regard to the other case (19-14136) filed by Debtor, the Debtor’s counsel requested the case be dismissed because Debtor did not want to continue the proceeding.


    Debtor filed a limited opposition. Debtor alleged that he and FSB had reached an agreement resolving both Debtor’s motion to extend the stay and FSB’s motion for relief from stay. Dkt. No. 27. Debtor provided in-rem relief for FSB and FSB, in turn, had agreed it would not conduct a foreclosure sale until at least March 18, 2021 if Debtor continued to make all post-petition payments that came due. Id. Debtor alleged that parties will submit a stipulation agreement, but one has not been filed.


    In the alternative, Debtor stated that it has shown that his bankruptcy was filed in good faith: (1) Debtor has filed a plan pledging to sell the Property within a reasonable period of time to pay FSB in full, while also paying regular post-petition installment payments and arrears, and (2) there is significant equity cushion protection FSB’s secured claim. Id.


    The Court is inclined to grant relief in accordance with the relief from stay stipulation filed on June 29, 2020.


    APPEARANCES REQUIRED.


    Party Information

    Debtor(s):

    Jose Omar Zapata Represented By

    11:00 AM

    CONT...


    Movant(s):


    Jose Omar Zapata


    J. Luke Hendrix


    Chapter 13

    Wilmington Savings Fund Society, Represented By

    James F Lewin

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:20-13801


    Juan Carlos Sanchez Gazcon and Rosa Elva Bustos Aguilar


    Chapter 7


    #25.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2017 TOYOTA CAMRY, VIN: 4TIB F1FK 7HU7 77541


    MOVANT: MECHANICS BANK


    EH     


    Docket 10

    Tentative Ruling: Tentative Ruling:

    6/30/20


    Service: Proper Opposition: None


    To attain relief from stay under 11. U.S.C §362(d)(1) "cause" must be shown. Mechanics Bank claims that there is a lack of adequate protection of its interest in its property. Adequate protection is intended to compensate a secured creditor whose collateral declines in value while it is in the possession of, and being used by, a…debtor." People’s Capital& Leasing Corp. v. Big3d, Inc., 438 B.R. 214, 220 (B.A.P. 9th Cir. 2010).


    By providing the Retail Installment Sale Contract, Lien and Title Information, NADA Guides Value Report, and Debtors’ intent to surrender the vehicle, Mechanics Bank has shown neither is there any equity nor is its interest adequately protected. In re Gauvin, 24 B.R. 578, 580 (B.A.P. 9th Cir. 1982).


    To receive relief under 11 U.S.C. § 362(d)(2), both elements— (1) debtor has no

    11:00 AM

    CONT...


    Juan Carlos Sanchez Gazcon and Rosa Elva Bustos Aguilar


    Chapter 7

    equity in the property and (2) property is not necessary for an effective organization— must be met. 3 Collier on Bankruptcy ¶ 362.07[4] (Richard Levin & Henry J. Sommer eds., 16th ed.). Mechanics Bank has met its burden to show that Debtors have no equity in the property.


    The burden now shifts to the opposing party, the Debtors, to show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1). 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.).


    Because a Chapter 7 proceeding does not involve a reorganization, it is generally presumed that the second condition under 11 U.S.C. § 362(d)(2)(B) is met in a Chapter 7 proceeding." In re Williamson, 2009 Bankr. Lexis 5571, *5 (Bankr. S.D. Ga. 2009). Debtors have not responded to this motion, and they indicated their intent to surrender the vehicle. Thus, the Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. §§ 362(d)(1) and 362(d)(2). GRANT relief from Rule 4001(a)

  2. stay. GRANT request under ¶ 2.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


Party Information

Debtor(s):

Juan Carlos Sanchez Gazcon Represented By Giovanna M Gallo

Joint Debtor(s):

Rosa Elva Bustos Aguilar Represented By Giovanna M Gallo

Movant(s):

MECHANICS BANK Represented By Vincent V Frounjian

11:00 AM

CONT...

Trustee(s):


Juan Carlos Sanchez Gazcon and Rosa Elva Bustos Aguilar


Chapter 7

Larry D Simons (TR) Pro Se

11:00 AM

6:20-13933


Agustin Napolion Joya and Dora Maria Joya


Chapter 13


#26.00 Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate Real Property


MOVANT: AGUSTIN NAPOLION JOYA AND DORA MARIA JOYA


EH     


Docket 19

Tentative Ruling:

TENTATIVE RULING:


6/30/20


Service: Shortened Notice – Proper Opposition: None


The Court has reviewed the motion. On June 4, 2020 (hereinafter "Petition Date"), Agustin Napolion Joya (hereinafter "Debtor") and Dora Maria Joya (hereinafter "Joint Debtor," collectively "Debtors") filed a Chapter 13 voluntary petition. Pursuant to 11

U.S.C. § 362(c)(3), the automatic stay in respect to the Debtors expires on the thirtieth day after the filing of this petition, but it remains in respect to the estate.


Debtors had one prior Chapter 13 voluntary petition, case number 6:17-bk-20121-MH ("Prior Case"), pending and dismissed within one-year period. In the Prior Case, Nationstar Mortgage, LLC doing business as Mr. Cooper filed a motion from relief of stay in regard to the property located at 1365 Riverstone Court, Hemet, California 92545. Debtors have served Select Portfolio Servicing, which is the firm Nationstar Mortgage transferred their claim to, pursuant to the Court’s Miscellaneous Instructions.


Debtors have filed this motion to continue the stay pursuant to 11. U.S.C § 362(c)(3) (B). Debtors’ Prior Case was dismissed because of delinquent payments totaling

$4,002.00. Debtors claim that both of their freightliner work trucks broke down at the

11:00 AM

CONT...


Agustin Napolion Joya and Dora Maria Joya


Chapter 13

same time, and because of the lose of income due to the trucks breaking down and the costly repair, Debtors claim they were unable to pay their monthly plan payments.

Debtors do not anticipate any having any issues in this present case.


To overcome this presumption, the Debtor must provide clear and convincing evidence to the contrary. "[Clear and convincing evidence] is defined as that degree or measure of proof which will produce in the mind of the trier of fact, a firm belief or conviction that the allegations sought to be established as true; it is ‘evidence so clear, direct weight[,] and convincing as to enable the fact finder to come to a clear conviction, without hesitancy, of the truth of the precise facts of the case.’" In re Castaneda, 342 B.R. 90 (Bankr. S.D. Cal. 2006) (citing Charles I, 332 B.R. 538, 542 (Bankr. S.D. TX. 2005)).


"Mere statements by the movement in the motion does not carry evidentiary weight. The movant must provide detailed, competent, evidence sufficient…to rebut the presumption of bad faith." In re Castaneda, 342 B.R. at 96. In this case, Debtors have not provided detailed, competent, evidence sufficient to rebut the presumption of bad faith. Specifically, there is no detail nor supporting evidence as to the cost of repairing the trucks, the revenue loss from the Trucks being out of commission, and whether the trucks are both now repaired and operational.


Debtors’ statements, lacking detail, are not sufficient to establish clear and convincing evidence to rebut the presumption pursuant to 11 U.S.C § 362(c)(3) that the case was not filed in good faith.


APPEARANCES REQUIRED.


Party Information

Debtor(s):

Agustin Napolion Joya Represented By Daniel King

Joint Debtor(s):

Dora Maria Joya Represented By

11:00 AM

CONT...


Movant(s):


Agustin Napolion Joya and Dora Maria Joya

Daniel King


Chapter 13

Agustin Napolion Joya Represented By Daniel King

Dora Maria Joya Represented By Daniel King

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-13976


Cynthia Miller


Chapter 13


#27.00 Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate 15036 Daffodil Circle, Fontana, California


MOVANT: CYNTHIA MILLER


EH     


Docket 12

Tentative Ruling:

TENTATIVE RULING:


6/30/20


Service: Proper Opposition: None


The Court has reviewed the motion. On June 6, 2020 (hereinafter "Petition Date"), Cynthia Miller (hereinafter "Debtor") filed a Chapter 13 voluntary petition. Pursuant to 11 U.S.C. § 362(c)(3), the automatic stay in respect to the Debtor expires on the thirtieth day after the filing of this petition, but it remains in respect to the estate.


Debtor had one prior Chapter 13 voluntary petition, case number 6:18-bk-12822-MH ("Prior Case"), pending and dismissed within one-year period. In the Prior Case, Wells Fargo Bank, N.A. filed a motion from relief of stay in regard to the property located at 15036 Daffodil Circle, Fontan, California 92336. Debtor has failed to serve Wells Fargo’s Counsel as required per Court’s service procedures.


Debtor has filed this motion to continue the stay pursuant to 11. U.S.C § 362(c)(3)(B). Debtor’s Prior Case was dismissed because of a delinquency in plan payments. Debtor was required to repay a debt to a governmental entity for government assistance received, causing a temporary disruption of her finances and leading to a default in her Prior Case’ plan payment. Debtor also states that she has over $800.00 in current

11:00 AM

CONT...


Cynthia Miller


Chapter 13

disposable income and her plan payment will not exceed $450.00 per month.


To overcome the presumption of this case not being filed in good faith, the Debtor must provide clear and convincing evidence to the contrary. "[Clear and convincing evidence] is defined as that degree or measure of proof which will produce in the mind of the trier of fact, a firm belief or conviction that the allegations sought to be established as true; it is ‘evidence so clear, direct weight[,] and convincing as to enable the fact finder to come to a clear conviction, without hesitancy, of the truth of the precise facts of the case.’" In re Castaneda, 342 B.R. 90 (Bankr. S.D. Cal. 2006) (citing Charles I, 332 B.R. 538, 542 (Bankr. S.D. TX. 2005)).


"Mere statements by the movement in the motion does not carry evidentiary weight. The movant must provide detailed, competent, evidence sufficient…to rebut the presumption of bad faith." In re Castaneda, 342 B.R. at 96. In this case, Debtors have not provided detailed, competent, evidence sufficient to rebut the presumption of bad faith. Specifically, there is no detail nor supporting evidence of what government entity required Debtor to make a repayment, what services was received, or how much was the Debtor told to repay.


Debtor’s statements, lacking detail, are not sufficient to establish clear and convincing evidence to rebut the presumption pursuant to 11 U.S.C § 362(c)(3) that the case was not filed in good faith in addition to the same issue. The Court is inclined to DENY the motion.


APPEARANCES REQUIRED.

Party Information

Debtor(s):

Cynthia Miller Represented By Richard L Barrett

Movant(s):

Cynthia Miller Represented By Richard L Barrett

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

CONT...


Cynthia Miller


Chapter 13

11:00 AM

6:20-14252


John Anthony Percell


Chapter 13


#27.10 Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate Real Property - 13096 Le Parc #72, Chino Hills, CA 91709


MOVANT: JOHN ANTHONY PERCELL


EH     


Docket 6

Tentative Ruling:

TENTATIVE RULING:


6/30/20


Service: Proper—shortened notice Opposition: None


The Court has reviewed the motion, and the service was made on shortened notice. Debtor had two Chapter 13 voluntary petitions, case number 16:19-bk-20835-MH ("Prior First Case") and case number 20-bk-12183-MH ("Prior Second Case"), pending within one year. Pursuant to 11 U.S.C. § 362(c)(4)(D)(i), a case is presumed to be filed not in good faith as to all creditors if "2 or more previous cases under this title in which the individual was a debtor were pending within the 1-year period…"


A debtor can rebuttal this presumption by clear and convincing evidence. 3 Collier on Bankruptcy ¶ 362.06 (Richard Levin & Henry J. Sommer eds., 16th ed.). "[Clear and convincing evidence] is defined as that degree or measure of proof which will produce in the mind of the trier of fact, a firm belief or conviction that the allegations sought to be established as true; it is ‘evidence so clear, direct weight[,] and convincing as to enable the fact finder to come to a clear conviction, without hesitancy, of the truth of the precise facts of the case. In re Castaneda, 342 B.R. 90 (Bankr. S.D. Cal. 2006) (citing Charles I, 332 B.R. 538, 542 (Bankr. S.D. TX. 2005)).

11:00 AM

CONT...


John Anthony Percell


Chapter 13

Debtor declared that the Prior First Case was dismissed due to non-compliance prior to confirmation when he did not provide proof of payments and documents requested by his attorney at the time. Dkt. No. 6, Decl. of John Anthony Percell. The Second Prior Case was dismissed because Debtor failed to make a plan payment in time. Id. Debtor alleged he placed the wrong case number on the check, which he submitted on time, causing it to get rejected. Id.


Debtor having presented sufficient evidence to rebut the presumption the case was filed in bad faith, the Court will GRANT the motion.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


Party Information

Debtor(s):

John Anthony Percell Represented By Andrew Nguyen

Movant(s):

John Anthony Percell Represented By Andrew Nguyen

Trustee(s):

Rod Danielson (TR) Pro Se

12:00 PM

6:18-16908


Visiting Nurse Association of the Inland Counties


Chapter 11


#28.00 Motion For Sale of Property of the Estate under Section 363(b) - No Fee Motion for Order: (1) Approving Asset Purchase Agreements and Authorizing Sale of Debtor's Assets Free and Clear of Liens, Claims and Interests Pursuant to 11

U.S.C. § 363(b) and (f); (2) Rejecting or Assuming and Assigning Certain Executory Contracts and Unexpired Leases; (3) Approving Buyers, Successful Bidders, and Any Back-up Bidders as Good-Faith Purchasers Pursuant to 11

U.S.C. § 363(m); and (4) Authorizing Payment of Undisputed Liens and Other Ordinary Costs of Sale


EH     


Docket 608


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Visiting Nurse Association of the Represented By

David M Goodrich Beth Gaschen Jennifer Vicente Ryan W Beall Steven T Gubner Jason B Komorsky

Movant(s):

Visiting Nurse Association of the Represented By

David M Goodrich David M Goodrich Beth Gaschen Beth Gaschen Jennifer Vicente Jennifer Vicente

12:00 PM

CONT...


Visiting Nurse Association of the Inland Counties

Ryan W Beall Ryan W Beall Steven T Gubner Steven T Gubner Jason B Komorsky Jason B Komorsky


Chapter 11

2:00 PM

6:19-21185


Sunyeah Group Corporation


Chapter 11


#29.00 Motion to Convert Case From Chapter 11 to 7 EH     

Docket 110


Tentative Ruling:

6/30/20


BACKGROUND:


On December 30, 2019 (hereinafter the "Petition Date"), Sunyeah Group Corporation, a California Corporation (hereinafter "SGC"), filed a Chapter 11 voluntary petition. SGC is operating its business, managing its affairs, and administering its estate as a debtor-in-possession pursuant to 11 U.S.C. §§ 1107 and 1108. SGC is a manufacturer of, among other things, annealed, customized, and tempered glass. Dkt. No. 10, Pg. 2.

Kippartners, L.P. (hereinafter "KLP") is the owner of the industrial building located at 930 Wanamaker Avenue, Ontario, California (hereinafter the "Industrial Building"). Claim 14-1. By its motion, KLP seeks conversion of Debtor’s case to Chapter 7.


ANALYSIS:


"On request of a party in interest…the court shall convert a case under this chapter to a case under chapter 7 or dismiss a case under this chapter, whichever is in the best interests of creditors and the estate for cause…" 11 U.S.C. § 1112(b)(1) (emphasis added). Kippartners has standing as a creditor to initiate such a motion. 7 Collier on Bankruptcy ¶ 112.04[1] (Richard Levin & Henry J. Sommer eds., 16th ed.) (stating that a party in interest set forth in 11 U.S.C. 1109 includes "creditors, a creditors’ committee, equity security holder and an equity security holder

2:00 PM

CONT...


Sunyeah Group Corporation


Chapter 11

committee, and indenture trustee, as well as a trustee and the debtor.").


Under 11 U.S.C. § 1112(b)(4), the Bankruptcy Code contains sixteen examples of what constitute cause for conversion or dismissal. The list is not exhaustive. In re Ameribuild Constr. Mgmt., Inc., 399 B.R. 129, 131 n. 3 (Bankr. S.D.N.Y. 2009) (stating that "the list contained in 1112(b) is not exhaustive. The Court will be able to consider other factors as they arise, and to use its equitable powers to reach an appropriate result in individual cases.").


Furthermore, the standard to prove "cause" is by a preponderance of the evidence. In re Corona Care Convalescent Corp., 527 B.R. 379, 382 (Bankr. C.D. Cal. 2015). "The definition of a preponderance of evidence is evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence which as a whole shows that that the fact sought to be proved is more probable than not." In re Cooper, 2012 Bankr. Lexis 6119, *6 (Bankr. E. D. Cal. 2012).


Here the Court is inclined to find "cause" exists to convert the Debtor’s case to one under Chapter 7 pursuant to 11 U.S.C. § 1112(b)(1) under a totality analysis for the following primary reasons, explained in greater detail below:


  1. Debtor has no business operations (on petition date or currently) and no possibility of future business operations;


  2. Debtor has no employees (on petition date or currently);


  3. Debtor’s assets on petition date were comprised of only personal property located at debtor’s former business premises, and allegedly certain accounts receivable, and Debtor’s assets currently consist of approximately $700,000 in cash and allegedly certain accounts receivable (with significant amounts of administrative expenses having already been accrued by Debtor’s counsel and likely KLP);

    2:00 PM

    CONT...


    Sunyeah Group Corporation

  4. Liens in favor of Debtor’s principals were perfected 12 days before the


    Chapter 11

    petition date but not set aside by current principals, notwithstanding request by Movant, until 6 months after the case was filed and 4 days after Movant filed its motion to dismiss; and


  5. The principals’ liens were not listed in the Statement of Financial Affairs, notwithstanding that Debtor was clearly aware of them when the SOFA was filed, having specifically referenced them in a prior stipulation for use of cash collateral.


Given this conclusion, before turning to Debtor’s burden in opposing the motion and setting aside the issues regarding the principals, the Court first notes that one key practical question it is faced with in considering the motion is what alternative provides the most cost effective means of resolving the case: having a chapter 7 trustee administer the case with an additional layer of administrative expenses, or having Debtor’s counsel’s prosecute the case to conclusion, with an associated increase in counsel's fees and costs. It is impossible to conclusively evaluate the greater costs on this (or generally any) record, but the Court believes strongly that a disclosure statement and plan process will certainly be more expensive than a chapter 7 distribution, even net of Trustee counsel fees incurred getting up to speed, and given the facts above the Court cannot help but believe that there was no need for the greater expenses of a chapter 11 case on the petition date, or at this point, other than to protect the principals’ interests – protection that would be lost in a Chapter 7. Stated otherwise, it is this combination of factors: lack of confidence, based on principals' actions, in their ability to direct Debtor’s actions for the benefit of creditors, a relatively small and finite amount of estate assets shrinking daily by increasing administrative expenses, no hope of rehabilitation, and what the Court believes will be greater expenses continuing in a chapter 11 plan process where there is no need for one, that serves as "cause" to convert.


Here simply no revival of the Debtor’s business, much less restructuring, will occur. This is simply now a garden-variety situation of mostly liquidated assets

2:00 PM

CONT...


Sunyeah Group Corporation


Chapter 11

needing to marshaled by a trustee and distributed to creditors, with some di minimis ancillary activity, such as liquidating accounts receivable and resolving the asset ownership dispute, that can easily be performed by a trustee. Even the liquidation of assets earlier in the case was simply an sale of equipment, not any kind of ongoing business sale usually contemplated in the Chapter 11 liquidation.


Finding cause to convert, the Court turns to the Debtor’s burden to demonstrate unusual circumstances showing that conversion is not in the best interest of creditors or the estate. Ultimately, the Court is not persuaded that any unusual circumstances exist here.


In particular, there is no extensive learning curve for a Chapter 7 trustee in this case. There is no evidence that collecting accounts receivable and distributing cash in this case will be complicated. Plus the issues regarding asset ownership do not appear particularly extensive or complex. As an aside, the court approval of the cash collateral stipulation that includes the date that the principals’ lien recordation does not somehow bless or immunize the principals of their failure to disclose. It is simply not the Court’s burden to scrutinize cash collateral stipulations such as this for issues such as whether alleged liens are valid, much less preferential.


There appears to be some confusion in the briefing as to whether conversion was requested on the basis that the case was filed in bad faith, or on bad faith that exists currently, or otherwise. Ultimately, as noted above and otherwise for reasons stated in the moving papers, the Court simply finds uncontroverted cause to grant the motion, noting that a number of the elements in support of cause also serve as factors in a finding of bad faith.


As to the evidentiary objections filed by Debtor, the Court sustains all objections based on relevancy, except as to the last statement, which objection is overruled.


APPEARANCES REQUIRED.


Party Information

2:00 PM

CONT...

Debtor(s):


Sunyeah Group Corporation


Chapter 11

Sunyeah Group Corporation Represented By David B Golubchik Jeffrey S Kwong

Movant(s):

Kippartners, L.P. Represented By Sean A OKeefe

2:00 PM

6:11-12667


Maximino Romero Torres and Rebecca Anne Torres


Chapter 7


#30.00 CONT Order to show cause why James Alderson should not be: (1) Sanctioned in the amount of $5,000; and (2) Reported to the State Bar Disciplinary Committee for failure to conform to professional rules of conduct


From: 3/31/20, 4/21/20, 5/26/20 EH     

Docket 64

*** VACATED *** REASON: CONTINUED TO 7/14/20 AT 2:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Maximino Romero Torres Represented By James A Alderson

Joint Debtor(s):

Rebecca Anne Torres Represented By James A Alderson

Trustee(s):

Patricia J Zimmermann (TR) Pro Se

10:00 AM

6:20-11971


Robert Lee Johnson, Jr


Chapter 7


#1.00 Pro se Reaffirmation Agreement Between Debtor and OneMain re 11 Ford EH     

Docket 10


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Robert Lee Johnson Jr Pro Se

Trustee(s):

Charles W Daff (TR) Pro Se

10:00 AM

6:20-12911


Melissa Rosalyn Aguayo


Chapter 7


#2.00 Pro se Reaffirmation Agreement Between Debtor and Mechanics Bank re: 2013 Dodge Challenger


EH         


Docket 16


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Melissa Rosalyn Aguayo Represented By Daniel King

Trustee(s):

Charles W Daff (TR) Pro Se

10:00 AM

6:20-13089


David Walter Sterling


Chapter 7


#3.00 Pro se Reaffirmation Agreement Between Debtor and Westerra Credit Union re 2014 GMC Acadia SLT


EH     


Docket 9


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

David Walter Sterling Represented By James P Doan

Trustee(s):

Steven M Speier (TR) Pro Se

11:00 AM

6:19-10513


Blanca Aguirre


Chapter 7


#4.00 Motion to Avoid Lien Real Property with Canyon Lake Property Owners Association


EH     


Docket 54


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Blanca Aguirre Pro Se

Movant(s):

Blanca Aguirre Pro Se

Trustee(s):

Howard B Grobstein (TR) Represented By Noreen A Madoyan Kevin T Lafky

11:00 AM

6:20-11425


Nicki Rae Schaeffer


Chapter 7


#5.00 Motion to Avoid Judicial Lien with Bank of the West, National Association EH     

Docket 12


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Nicki Rae Schaeffer Represented By Jenny L Doling

Movant(s):

Nicki Rae Schaeffer Represented By Jenny L Doling Jenny L Doling

Trustee(s):

Larry D Simons (TR) Pro Se

11:00 AM

6:20-12497


Juan R. Garcia and Lorena I. Garcia


Chapter 7


#6.00 CONT Motion to Avoid Property Lien with Credit Acceptance Corporation From: 6/10/20

EH     


Docket 8


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Juan R. Garcia Represented By Keith Q Nguyen

Joint Debtor(s):

Lorena I. Garcia Represented By Keith Q Nguyen

Movant(s):

Juan R. Garcia Represented By Keith Q Nguyen Keith Q Nguyen Keith Q Nguyen

Lorena I. Garcia Represented By Keith Q Nguyen Keith Q Nguyen

Trustee(s):

Larry D Simons (TR) Pro Se

11:00 AM

6:17-14228


Michelle Meredith


Chapter 7


#7.00 Notice of Trustee's Final Report and Applications for Compensation EH     

Docket 163


Tentative Ruling:


7/1/20


Michelle Meredith ("Debtor") filed a voluntary chapter 7 petition on May 19, 2017. Originally, the Schedule A & B filed by Debtor did not list any assets, despite identifying three secured creditors. Three days later, Debtor filed amended schedules disclosing an interest in real property at 102 Tesori Drive, Palm Desert, CA 92211 (the "Palm Desert Property"), on which she claimed a $175,000 disability exemption. In addition to a variety of other assets, Debtor also identified a potential inheritance from her grandparents; it was later ascertained that this interest entitled Debtor to partial proceeds from the sale of two real properties and three stock accounts.


One of the trust properties (the "West Covina Property") was sold on June 21, 2017 and Debtor received $84,373.02 in proceeds. On August 11, 2017, Trustee filed a notice of assets. On September 13, 2017, Trustee filed a motion for turnover of property, seeking postpetition distributions of trust assets. Debtor did not oppose the motion, and, on October 10, 2017, the Court entered an order directing Debtor to: (1) turn over $84,373.02 in proceeds attributable to the sale of trust property; and (2) timely cooperate with future related requests. Debtor, however, had already spent the proceeds from the sale of the West Covina Property and was unable to turn them over to the Trustee.


Three days after the Court entered its order, Debtor filed a pro se motion to reconsider the turnover order, alleging a variety of instances of malpractice committed by her attorney. The Court notes that Debtor’s attorney, Patricia Ashcraft, was sued by the UST in a different

11:00 AM

CONT...


Michelle Meredith


Chapter 7

bankruptcy case less than two months later, with the suit resulting in Ashcraft being indefinitely suspended from practicing in this Court. On October 25, 2017, the Court denied Debtor’s motion for a variety of procedural defects. The day before the hearing, Debtor had retained new counsel and began cooperating with Trustee. On October 11, 2017, Trustee received $51,093.57 from Platinum Escrow for the sale of the second trust property (the "Big Bear Property"). On December 20, 2017, Trustee also received $53,336.14 for Debtor’s share of proceeds from the sale of the trust stock accounts.


On April 26, 2018, Trustee filed a motion to approve a compromise with Debtor related to her compliance with the turnover order. The compromise motion operated as something of a global compromise, providing for the bankruptcy estate to receive a fixed amount of money ($140k), while allowing Debtor to retain all property interests in excess of $140k. When reviewing compromise motions, the Court requires two fundamental pieces of evidence: (1) the value of the estate interest’s being compromised; and (2) the value received by the estate. In this case, the compromise motion contained no evidence or description whatsoever regarding the value of the estate’s interest being compromised. The Court often relaxes this requirement upon an assertion that the compromise will result in a surplus estate; the compromise submitted by Trustee asserted that the settlement would "pay all or substantially all allowed claims and administrative expenses in full." [Dkt. No. 112, pg. 6, lines 26-27].


The terms of the compromise provided for Trustee to retain the $104,429.14 in postpetition trust assets described above, and for Debtor to make a payment of $35,570.86 within ten business days of the entry of the order. In the event of default under the settlement agreement, Trustee was permitted to sell the Palm Desert Property with the estate receiving funds in an amount to bring total estate funds to $140,000. On May 21, 2018, the Court granted the compromise motion.


Debtor was unable to make the lump-sum payment and Trustee proceeded to market the Palm Desert Property. On October 1, 2018, the senior lienholder filed a motion for relief from the automatic stay related to the Palm Desert Property, which Trustee opposed. On November 28, 2018, Trustee filed a motion to sell the Palm Desert Property, which was granted by order entered December 20, 2018.


After Trustee’s counsel and accountant filed their fee applications, a stipulation was reached with the UST for an aggregate reduction in administrative claims in the amount of $7,213.21.

11:00 AM

CONT...


Michelle Meredith


Chapter 7

Recitals G & H of that stipulation, filed as docket number 161, stated the following:


G. The U.S. Trustee raised concerns relating to the proposed distribution to unsecured creditors in the Trustee’s Final Report as compared with earlier stated projections noticed to creditors during the bankruptcy proceedings. ("Potential Objection").


H. The Trustee, Counsel, and the Accounting Firm contend that unforeseen events, including a late-filed claim and additional administrative fees incurred by the estate resulting from the Debtor’s settlement defaults diluted the anticipated divided to unsecured creditors.


The Court has significant concerns with the distribution to unsecured creditors being reduced from 100% (or substantially 100%) to 25%. Nor does the contention raised above adequately address this change. First of all, there is no late-filed claim. Second of all, as a matter of law, a late-filed claim would never affect the dividend paid on timely-filed claims pursuant to the distribution scheme contained in 11 U.S.C. § 726. Instead, it would appear that additional administrative fees caused the distribution to unsecured creditors to be reduced from an anticipated 100% down to 25%.


The Court is aware that the most effective administration of the estate would have seen Debtor make the payment contemplated in the compromise motion in a timely fashion. Nevertheless, Debtor’s default does not preclude the Court from analyzing the effectiveness of the alternative method adopted. The sale of the Palm Desert Property, pursuant to the compromise motion, could only have netted the estate a maximum of $35,570.86. Absent that sale, Trustee’s fees in this case would have been $8,471.46 ($20,414 less than the amount currently requested). And, at the time the compromise motion was approved, the fees and expenses of Trustee’s counsel appear to have totaled $59,548.29 ($26,343.62 less than the amount now requested). Therefore, the administrative expenses of Trustee and Trustee’s counsel incurred after May 21, 2018, even after the stipulated reduction, significantly exceed the maximum amount the estate could have recovered pursuant to the compromise.


The Court also has more general issues with the billing of Trustee’s counsel. For example:

11:00 AM

CONT...


Michelle Meredith

  1. 219 hours were billed at an attorney rated compared to only 10.3 hours billed at a paralegal rate. This ratio generally reflects a tendency to bill at a high rate. For example, a named partner, who did not meaningfully work on the case, was sent to Riverside to attend an unopposed sale motion, and associates were used to do significant work that could be characterized as paralegal work.


  2. Many of the billing entries appear excessive given the extent of the work required to


    Chapter 7

    complete the task. For example, in the context of the motion for turnover, a relatively detailed motion was compiled, then, despite no opposition being filed by Debtor, Trustee filed a late supplemental declaration. Prior to the hearing, the Court posted a tentative ruling which granted the motion in its entirety, and counsel’s billing records show that it had a named partner, a senior counsel, and an associate each review the tentative ruling (at 0.4, 0.3, and 0.5 hours, respectively). After Debtor filed a pro se motion for reconsideration, which was legally and procedurally defective on its face, counsel submitted an extensive opposition that resulted in approximately twelve billable hours.


    APPEARANCES REQUIRED.


    Party Information

    Debtor(s):

    Michelle Meredith Pro Se

    Trustee(s):

    Howard B Grobstein (TR) Represented By Noreen A Madoyan Meghann A Triplett

    11:00 AM

    6:18-17820


    Maria Fabiola Marroquin


    Chapter 7


    #8.00 Motion To Approve Compromise With Roderico A. Marroquin Also #8.1

    EH     


    Docket 37


    Tentative Ruling:

    7/1/2020


    Service: Proper Opposition: None


    Based upon the Court's review of the supplemental declaration filed on June 22, 2020, as docket number 42, notice appearing proper and no opposition having been filed, the Court is inclined to GRANT the motion, APPROVING the compromise.


    APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

    Party Information

    Debtor(s):

    Maria Fabiola Marroquin Represented By Mark A Mellor

    Movant(s):

    Karl T Anderson (TR) Represented By Robert P Goe

    Thomas J Eastmond Rafael R Garcia-Salgado

    Trustee(s):

    Karl T Anderson (TR) Represented By

    11:00 AM

    CONT...


    Maria Fabiola Marroquin


    Robert P Goe Thomas J Eastmond

    Rafael R Garcia-Salgado


    Chapter 7

    11:00 AM

    6:18-17820


    Maria Fabiola Marroquin


    Chapter 7


    #8.10 CONT Motion re Objection to the Debtor's Claimed Exemption From: 12/18/19, 6/24/20

    Also #8 EH     

    Docket 33

    Tentative Ruling:

    12/18/19

    BACKGROUND


    On September 14, 2018, Maria Marroquin filed a Chapter 7 voluntary petition. Schedule A did not list any real property. On November 15, 2018, Debtor amended her schedules, listing certain real property located at 1816 Montara Way, San Jacinto, CA 92583 (the "Property"). The amended schedules stated: "Property belongs to spouse as his sole and separate property. In an abundance of caution, if Trustee determines community interest exists, debtor claims exemption § 704.730(2)." [Dkt. No. 11]. On Schedule C, Debtor stated that the value of her interest in the Property was $0, and she claimed an exemption of $0 pursuant to § 704.730. On December 26, 2018, Debtor obtained her discharge.


    On March 19, 2019, Trustee filed a notice of assets. On September 25, 2019, Trustee filed a complaint (the "Complaint") against Roderico Marroquin ("Defendant") for:

    1. avoidance and recovery of constructively fraudulent transfers; (2) avoidance and recovery of intentional fraudulent transfers; (3) avoidance and recovery of property of the bankruptcy estate; and (4) temporary restraining order and preliminary injunction. The Complaint includes an assertion that Debtor gifted her joint tenancy interest in the

11:00 AM

CONT...


Maria Fabiola Marroquin


Chapter 7

Property to Roderico Marroquin on July 5, 2016. On November 8, 2019, Defendant filed an answer to the Complaint.


On November 15, 2019, Trustee filed an objection to Debtor’s homestead exemption. Trustee argues that either that (a) Debtor has no ownership interest in the Property; and (b) Debtor’s interest in the Property would only arise if Trustee avoided the fraudulent transfer to Defendant.


DISCUSSION



There are multiple clear issues with the instant motion. First, the Court notes that the operative Schedule C identifies an exemption amount of $0. As a result, from a practical perspective, Debtor’s claimed exemption does not actually exempt any dollar amount of interest in the Property. Additionally, the Court notes that the schedules appear to state that Debtor is only exempting the Property conditionally -- on the condition that Trustee determines a community property interest exists. Here, it does not appear that Trustee has determined that a community property interest exists, the condition precedent to claim the exemption has not occurred.


Nevertheless, the Court acknowledges that a successful objection to homestead exemption would be relevant to the extent that Debtor attempts to amend Schedule C in the future. Trustee’s lone legal argument in support of the objection to the homestead exemption is that Debtor is precluded from claiming an exemption pursuant to 11 U.S.C. § 522(g). The problem, however, is that Trustee has merely filed a complaint to recover the Property, but that action has not been completed and it appears that Defendant intends to defend himself.


Trustee’s motion asserts the following:


For the purposes of § 522(g), the term ‘recovers’ is liberally construed.

11:00 AM

CONT...


Maria Fabiola Marroquin

It does not require a trustee to initiate or complete a formal avoidance action under one of the enumerated code sections. Rather, a trustee may ‘recover’ property by merely using the threat of avoidance powers to induce a debtor or transferee to return the property to the estate.


Chapter 7


(citation, emphasis, and quotation omitted).


The above quoted legal analysis is wholly inapplicable to the instant situation. The Court agrees that is logical to consider a trustee to have "recovered" property if the trustee induced the return of that property. Here, that has not happened. Trustee filed a complaint, Defendant filed an answer, the adversary action is pending, and the Property has not been returned. Quite simply, there has been no recovery of property and, therefore, reference to § 522(g) appears premature.


TENTATIVE RULING



The Court is inclined to DENY the motion as premature.


APPEARANCES REQUIRED.


Party Information

Debtor(s):

Maria Fabiola Marroquin Represented By Mark A Mellor

Movant(s):

Karl T Anderson (TR) Represented By Robert P Goe

Thomas J Eastmond

11:00 AM

CONT...


Trustee(s):


Maria Fabiola Marroquin


Rafael R Garcia-Salgado


Chapter 7

Karl T Anderson (TR) Represented By Robert P Goe

Thomas J Eastmond Rafael R Garcia-Salgado

11:00 AM

6:16-20298


Donald Sutcliffe


Chapter 7


#9.00 Motion to Approve Compromise Under Rule 9019 with Mountain View Country Club HOA


Also #10 EH     

Docket 104


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Donald Sutcliffe Represented By Scott Talkov

Movant(s):

John P Pringle (TR) Represented By

D Edward Hays David Wood Tinho Mang

Trustee(s):

John P Pringle (TR) Represented By

D Edward Hays David Wood Tinho Mang

11:00 AM

6:16-20298


Donald Sutcliffe


Chapter 7


#10.00 Motion to Approve Compromise Under Rule 9019 with Internal Revenue Service on behalf of Canadian Revenue Agency


Also #9 EH     

Docket 102


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Donald Sutcliffe Represented By Scott Talkov

Movant(s):

John P Pringle (TR) Represented By

D Edward Hays David Wood Tinho Mang

Trustee(s):

John P Pringle (TR) Represented By

D Edward Hays David Wood Tinho Mang

11:00 AM

6:19-10279


Thomas Mount


Chapter 7

Adv#: 6:19-01050 Baker et al v. Mount


#11.00 Motion to Approve Settlement Between Plaintiffs Jonathan Baker, Baker Entertainment Group, and Defendant Thomas Mount


EH     


Docket 75

*** VACATED *** REASON: ORDER ENTERED 5/28/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Thomas Mount Represented By Christopher Hewitt

Defendant(s):

Thomas Mount Represented By Donald W Reid

Movant(s):

Jonathan Baker Represented By Baruch C Cohen

Baker Entertainment Group Represented By Baruch C Cohen

Plaintiff(s):

Jonathan Baker Represented By Baruch C Cohen

Baker Entertainment Group Represented By Baruch C Cohen

11:00 AM

CONT...

Trustee(s):


Thomas Mount


Chapter 7

Charles W Daff (TR) Pro Se

2:00 PM

6:19-19674


James Dimitri Tsirtsis


Chapter 7

Adv#: 6:20-01032 Whitmore v. Tsirtsis et al


#12.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01032. Complaint by Robert S. Whitmore against James Dimitri Tsirtsis, Pota N. Tsirtsis, Christos Minoudis, Maria Minoudis, Angelo D. Tsirtsis. (Charge To Estate $350.00).

Nature of Suit: (11 (Recovery of money/property - 542 turnover of property)),(13 (Recovery of money/property - 548 fraudulent transfer)) (Marchisotto, Michelle)


From: 5/27/20 EH     

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

James Dimitri Tsirtsis Represented By Donald W Sieveke

Defendant(s):

James Dimitri Tsirtsis Pro Se

Pota N. Tsirtsis Represented By Brad A Mokri

Christos Minoudis Represented By Brad A Mokri

Maria Minoudis Represented By Brad A Mokri

Angelo D. Tsirtsis Represented By Brad A Mokri

2:00 PM

CONT...


James Dimitri Tsirtsis


Chapter 7

Plaintiff(s):

Robert S. Whitmore Represented By

Michelle A Marchisotto

Trustee(s):

Robert Whitmore (TR) Represented By

Michelle A Marchisotto

2:00 PM

6:15-14230


Home Security Stores, Inc.


Chapter 7

Adv#: 6:17-01085 PRINGLE v. Winn et al


#13.00 CONT Status Conference RE: [1] Adversary case 6:17-ap-01085. Complaint by JOHN P PRINGLE against Ralph Winn. (Charge To Estate - $350.00). and other Defendants including DOES 1-25 Nature of Suit: 12 - Recovery of money/property - 547 preference, 13-Recovery of money/property - 548 fraudulent transfer, 21-Validity, priority or extent of lien or other interest in property,14 - Recovery of money/property - other, 91- Declaratory judgment) (Dismissed as to Ralph & Stacy Winn - 4/3/20)


From: 7/12/17, 8/23/17, 10/25/17, 5/16/18, 6/27/18, 9/26/18, 1/23/19, 3/27/19, 6/26/19, 10/16/19, 1/15/20, 4/8/20, 4/29/20


EH     


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Home Security Stores, Inc. Represented By Winfield S Payne III

Defendant(s):

Ralph Winn Represented By

Douglas A Plazak

Sterling Security Service, Inc. Pro Se

Natalia V Knoch Pro Se

Steven B Knoch Pro Se

Stacy Winn Represented By

Douglas A Plazak

2:00 PM

CONT...


Home Security Stores, Inc.


Chapter 7

Plaintiff(s):

JOHN P PRINGLE Represented By Charity J Manee Robert P Goe

Trustee(s):

John P Pringle (TR) Represented By Robert P Goe Charity J Manee

2:00 PM

6:18-10740


Karin Olaya


Chapter 7

Adv#: 6:20-01047 Karl T. Anderson, Chapter 7 Trustee v. Olaya et al


#14.00 Status Conference RE: [1] Adversary case 6:20-ap-01047. Complaint by Karl T. Anderson, Chapter 7 Trustee against Karin Giselle Olaya, Rosemary Franco, Frank Howard Eggleston. (Charge To Estate - $350.00). (Attachments: # 1 Adversary Coversheet # 2 Summons and Notice of Status Conference in Adversary Proceeding) Nature of Suit: (14 (Recovery of money/property - other)),(31 (Approval of sale of property of estate and of a co-owner - 363(h))),(11 (Recovery of money/property - 542 turnover of property)) (Perry Isaacson, Misty)


EH     


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Karin Olaya Represented By

Edward T Weber

Defendant(s):

Karin Giselle Olaya Represented By Edward T Weber

Rosemary Franco Pro Se

Frank Howard Eggleston Pro Se

Plaintiff(s):

Karl T. Anderson, Chapter 7 Trustee Represented By

Misty A Perry Isaacson

2:00 PM

CONT...

Trustee(s):


Karin Olaya


Chapter 7

Karl T Anderson (TR) Represented By

Misty A Perry Isaacson

2:00 PM

6:19-20295


Hasan Elmehrek


Chapter 7

Adv#: 6:20-01048 United States Trustee for Region 16 v. Swedan et al


#15.00 Status Conference RE: [1] Adversary case 6:20-ap-01048. Complaint by United States Trustee for Region 16 against Nagla Swedan, Hasan Elmehrek. (Fee Not Required). with adversary cover sheet Nature of Suit: (41 (Objection / revocation of discharge - 727(c),(d),(e))) (Green, Everett)


EH     


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Hasan Elmehrek Represented By Keith Q Nguyen

Defendant(s):

Nagla Swedan Pro Se

Hasan Elmehrek Pro Se

Joint Debtor(s):

Nagla Swedan Represented By Keith Q Nguyen

Plaintiff(s):

United States Trustee for Region 16 Represented By

Everett L Green

Trustee(s):

Charles W Daff (TR) Pro Se

2:00 PM

6:20-10613


Flory Cea Bonto


Chapter 7

Adv#: 6:20-01049 SchoolsFirst Federal Credit Union v. Bonto


#16.00 Status Conference RE: [1] Adversary case 6:20-ap-01049. Complaint by SchoolsFirst Federal Credit Union against Flory Cea Bonto. false pretenses, false representation, actual fraud)) (Reza, Paul)


EH     


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Flory Cea Bonto Represented By Christopher J Langley

Defendant(s):

Flory Cea Bonto Represented By Michael Smith

Joint Debtor(s):

Jeffrey B. Bonto Represented By Christopher J Langley

Plaintiff(s):

SchoolsFirst Federal Credit Union Represented By

Paul V Reza

Trustee(s):

Karl T Anderson (TR) Pro Se

2:00 PM

6:13-16964


Narinder Sangha


Chapter 7

Adv#: 6:13-01171 Schrader v. Sangha


#17.00 CONT Status Conference RE: [1] Adversary case 6:13-ap-01171. Complaint by Charles Edward Schrader against Narinder Sangha . willful and malicious injury))


From: 4/17/19, 5/22/19, 8/28/19, 11/6/19, 1/29/20, 3/4/20, 4/1/20, 4/22/20


EH     


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Narinder Sangha Represented By Deepalie M Joshi

Defendant(s):

Narinder Sangha Represented By Deepalie M Joshi Charity J Manee

Plaintiff(s):

Charles Edward Schrader Pro Se

Trustee(s):

Karl T Anderson (TR) Pro Se

2:00 PM

6:18-10939


Vance Zachary Johnson


Chapter 7

Adv#: 6:18-01106 Bankers Healthcare Group, LLC v. Johnson


#18.00 Plaintiff's Motion to Compel Discovery Production and for Sanctions including Attorneys Fees


Also #19 & #20 EH     

Docket 74

*** VACATED *** REASON: ORDER ENTERED 6/18/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Vance Zachary Johnson Represented By Robert P Goe

Defendant(s):

Vance Zachary Johnson Represented By Robert P Goe Stephen Reider

Movant(s):

Bankers Healthcare Group, LLC Represented By

Todd L Turoci

Plaintiff(s):

Bankers Healthcare Group, LLC Represented By

Todd L Turoci

Trustee(s):

Todd A. Frealy (TR) Represented By Monica Y Kim

2:00 PM

6:18-10939


Vance Zachary Johnson


Chapter 7

Adv#: 6:18-01106 Bankers Healthcare Group, LLC v. Johnson


#19.00 CONT Motion to Extend Time re Discovery Deadline (HOLDING DATE)


From: 6/10/20 Also #18 & #20 EH     

Docket 69

Tentative Ruling:

6/10/20

BACKGROUND


On February 7, 2018, Vance Johnson ("Defendant") filed a Chapter 11 voluntary petition. On July 3, 2018, Defendant’s case was converted to Chapter 7.


On May 7, 2018, Bankers Health Group, LLC ("Plaintiff") filed a non-dischargeability complaint against Defendant pursuant to 11 U.S.C. § 523(a)(2)(B), (a)(4), and (a)(6). On June 7, 2018, Defendant filed his answer. After the initial status conference, the Court entered a scheduling order on July 17, 2018. Subsequently, the parties stipulated to a continuance of the status conference, and an extension of certain dates in the scheduling order, on three occasions.


On June 24, 2019, Plaintiff filed a motion for summary judgment, and amended the motion four days later. On July 31, 2019, Defendant filed his opposition. On August

2:00 PM

CONT...


Vance Zachary Johnson


Chapter 7

26, 2019, the Court denied Plaintiff’s motion for summary judgment.


The parties then stipulated to continue the status conference on three further occasions. On April 28, 2020, the Court granted Plaintiff’s unopposed motion to extend the discovery deadline until June 30, 2020.


On April 13, 2020, Plaintiff filed a motion for leave to file an amended complaint to add a cause of action under 11 U.S.C. § 523(a)(2)(A). On April 29, 2020, Defendant filed an opposition. The Court denied the motion without prejudice on May 19, 2020.


On May 19, 2020, Plaintiff filed a motion to extend the discovery deadline. On May 27, 2020, Defendant filed an opposition. On June 3, 2020, Plaintiff filed its reply.

Plaintiff asserts that "Defendant has been slow to produce at best, or at worst, evasive." [Dkt. No. 69, pg. 6]. Defendant’s opposition primarily contends that an extension is unnecessary because Defendant will respond to the outstanding discovery by the deadline and Plaintiff will receive other responses from Pacific Premier Bank and Wells Fargo Bank. The final paragraph of Plaintiff’s reply contains the following:


Plaintiff requests this discovery extension out of an abundance of caution. If Defendant continues to be unresponsive, Plaintiff will file a motion to compel discovery on June 4, 2020. At that time, Defendant will request either an additional hearing date in advance of June 30, 2020 or to have the motion heard on shortened time. If neither of the above options are acceptable to the Court, this motion provides an additional pathway to preserve Plaintiff’s rights to discovery.


The Court also notes that Plaintiff has filed a motion to compel discovery production and for sanctions, which is currently sent for hearing on July 1, 2020.

2:00 PM

CONT...


Vance Zachary Johnson


Chapter 7

DISCUSSION



As noted by Plaintiff, it is well-established that the primary consideration for the Court when presented with a request to modify a scheduling order is the moving party’s diligence. See, e.g.. Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992).


While this adversary proceeding was commenced more than two years, the parties have sought and obtained many continuances and the actual litigation activity in this case has largely been conducted outside of the Court’s view. Defendant offers the assertion that "[t]his case has not been diligently prosecuted by Plaintiff" [Dkt. No. 72, pg. 3], but does not provide any detail or evidence to support the assertion.

Nevertheless, given the extensive delays in this case, the Court intends to closely monitor the proceeding. Given the pending discovery motion calendared for July 1, 2020, and noting that the Court can extend its discovery deadline after the expiration of the deadline, the Court is inclined to CONTINUE this matter to July 1, 2020, for the discovery process to more fully unfold and for the record to develop further.


Tentative Ruling:


Parties to apprise the Court of the status of discovery.


APPEARANCES REQUIRED.


Party Information

Debtor(s):

Vance Zachary Johnson Represented By Robert P Goe

2:00 PM

CONT...


Vance Zachary Johnson


Chapter 7

Defendant(s):

Vance Zachary Johnson Represented By Robert P Goe Stephen Reider

Movant(s):

Bankers Healthcare Group, LLC Represented By

Todd L Turoci

Plaintiff(s):

Bankers Healthcare Group, LLC Represented By

Todd L Turoci

Trustee(s):

Todd A. Frealy (TR) Represented By Monica Y Kim

2:00 PM

6:18-10939


Vance Zachary Johnson


Chapter 7

Adv#: 6:18-01106 Bankers Healthcare Group, LLC v. Johnson


#20.00 CONT Status Conference RE: [1] Adversary case 6:18-ap-01106. Complaint by Bankers Healthcare Group, LLC against Vance Zachary Johnson. 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))


From: 7/10/18, 2/20/19, 4/24/19, 7/3/19, 7/17/19, 8/21/19, 11/20/19, 1/29/20, 3/25/20, 4/1/20, 4/15/20


Also #18 & #19 EH         

Docket 1


Tentative Ruling:

4/15/20

TENTATIVE RULING

Opposition: None Service: Proper


Pursuant to the stipulation agreement between Bankers Health Care Group, LLC, and Vance Zachary Johnson, the Court GRANTS this stipulation to continue Status Conference to July 1, 2020. A Status Report is due on June 24, 2020.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


Party Information

Debtor(s):

Vance Zachary Johnson Represented By Robert P Goe

2:00 PM

CONT...


Vance Zachary Johnson


Chapter 7

Defendant(s):

Vance Zachary Johnson Represented By Robert P Goe Stephen Reider

Plaintiff(s):

Bankers Healthcare Group, LLC Represented By

Todd L Turoci

Trustee(s):

Todd A. Frealy (TR) Represented By Monica Y Kim

2:00 PM

6:19-10556


Timothy Mark Aitken


Chapter 7

Adv#: 6:20-01022 Grobstein v. Aitken


#21.00 Motion for Default Judgment against defendant Alicia Aitken Also #22

EH     


Docket 12

Tentative Ruling:

7/1/2020

BACKGROUND


On January 23, 2019, Timothy & Esmeralda Aitken ("Debtors") filed a pro se Chapter 7 voluntary petition. On April 19, 2019, Trustee filed a notice of assets. On May 1, 2019, Debtors filed an amended Schedule C claiming as exempt equity in real property located at 6919 Elmwood Rd., San Bernardino, CA (the "Property") transferred in 2017. On February 28, 2020, Trustee filed a motion to extent time to objection to Debtors’ claimed exemption. On April 7, 2020, the Court entered an order extending the deadline to object to Debtors’ claimed exemption until October 3, 2020.


On March 3, 2020, Trustee filed a complaint against Alicia Aitken ("Defendant"), Debtors’ daughter, for avoidance and recovery of fraudulent transfer. On April 14, 2020, default was entered against Defendant. On June 9, 2020, Trustee filed a motion for default judgment.


Trustee’s complaint relates to the sale of the Property from Debtors to Defendant on

2:00 PM

CONT...


Timothy Mark Aitken


Chapter 7

August 31, 2017. Trustee notes that the settlement statement for the sale includes a notation for a gift of equity in the amount of $29,310. It appears from the information provided to the Court that the sale involved Defendant taking out a loan in the amount of $195,400 and paying off the existing mortgage on the Property as well as all costs of sale. After payment of those items, it appears that Defendant retained $29,310 of the remaining $32,551.56 in loan proceeds, with the balance going to Debtors. Trustee then sued Defendant to recover the $29,310.


DISCUSSION



  1. Entry of Default



    FED. R. CIV. P. Rule 55 states that "[w]hen a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party’s default." Fed. R. Civ. P. 55(a). Local Rule 7055-1 provides further requirements relating to a motion for entry of default judgment, and those requirements have been substantially satisfied here.


  2. Motion for Default Judgment



    1. Proper Service of Summons and Complaint


      FED. R. BANKR. P. Rule 7004(b)(1) states, in part:


      1. ervice may be made within the United States by first class mail postage

        2:00 PM

        CONT...


        Timothy Mark Aitken

        prepaid as follows:


        Chapter 7


        1. Upon an individual other than an infant or incompetent, by mailing a copy of the summons and complaint to the individual’s dwelling house or usual place of abode or to the place where the individual regularly conducts a business or profession.


      Here, Defendant was served at the Property. While Defendant clearly purchased the Property, the Court notes that Debtors listed the Property as their address on the bankruptcy petition, and also listed a housing expense on Schedule J, so it appears Defendant may have purchased the Property and began renting it out to Debtors.

      Trustee to apprise the Court of its attempt to determine a valid service address for Defendant.


    2. Merits of Plaintiff’s claim


Upon default, the factual allegations of the complaint, except those relating to the amount of damages, will be taken as true. TeleVideo Systems, Inc. v. Heidenthal, 826 F.2d 915, 917 (9th Cir. 1987); see also Almog v. Golden Summit Investors Group, Ltd., 2012 WL 12867972 at *4 (C.D. Cal. 2012) ("When reviewing a motion for default judgment, the Court must accept the well-pleaded allegations of the complaint relating to liability as true.").


Here, the complaint includes five causes of action. A general problem with all five causes of action is Trustee’s characterization of the "transfer" to be avoided. Trustee has defined the subject transfer as the gift of equity. In so doing, Trustee has bifurcated the sale at issue into two distinct transactions: (1) a sale of the Property for

$195,400; and (2) a gift from Debtors to Defendant in the amount of $29,310. This would appear to be a distortion of the events which actually occurred, specifically that Defendant took out a loan for $195,400 and purchased the Property for $166,090, retaining the remaining loan proceeds.

2:00 PM

CONT...


Timothy Mark Aitken


Chapter 7


Therefore, the operative legal question becomes – to what extent can a transfer be subdivided into various components? The Court notes Trustee’s argument implicitly requires the Court to assume that the $195,400 price of the Property constitutes the fair market value of the Property, but the Court does not have any evidence to support that conclusion. Even accepting that assumption, Trustee’s proposed bifurcation of the sale arrangement results in a fundamental change in the statutory language, for it would force this Court to replace "reasonably equivalent value" with "equivalent value." For in any sale in which the purchase price was less than the fair market value of the property, the sale could be construed as a sale of the property for the fair market value and an accompanying gift of equity; in other words, every transfer in which a debtor received less than "equivalent value" would be subject to attack.1


Therefore, in accordance with the reasoning above and the Court’s understanding of the terms of the sale (reproduced in the final paragraph of the background section), the Court is inclined to consider the transfer at issue to have been the sale of the Property for $166,010. Trustee has not provided any legal argument that would support a conclusion that the sale of the Property for $166,010 constitutes a fraudulent transfer.


TENTATIVE RULING



The Court is inclined to CONTINUE the matter for Trustee to file a supplemental brief responding to the issues raised above.


APPEARANCES REQUIRED.


Party Information

Debtor(s):

Timothy Mark Aitken Pro Se

2:00 PM

CONT...


Timothy Mark Aitken


Chapter 7

Defendant(s):

Alicia Aitken Pro Se

Joint Debtor(s):

Esmeralda Aitken Pro Se

Movant(s):

Howard Grobstein Represented By Larry D Simons

Plaintiff(s):

Howard Grobstein Represented By Larry D Simons

Trustee(s):

Howard B Grobstein (TR) Represented By Larry D Simons

2:00 PM

6:19-10556


Timothy Mark Aitken


Chapter 7

Adv#: 6:20-01022 Grobstein v. Aitken


#22.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01022. Complaint by Howard Grobstein against Alicia Aitken. (Charge To Estate). with adversary cover sheet Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer))


From: 5/6/20, 6/10/20 Also #21

EH     


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Timothy Mark Aitken Pro Se

Defendant(s):

Alicia Aitken Pro Se

Joint Debtor(s):

Esmeralda Aitken Pro Se

Plaintiff(s):

Howard Grobstein Represented By Larry D Simons

Trustee(s):

Howard B Grobstein (TR) Represented By Larry D Simons

2:00 PM

6:19-12225


Nathaniel James Cardiel


Chapter 7

Adv#: 6:19-01135 O'Gara Coach Company, LLC v. Cardiel


#23.00 Plaintiff O'Gara Coach Company's Motion For Summary Judgmemt Also #24

EH     


Docket 18


Tentative Ruling:

  1. Factual background

    Between May 2015 and May 2017, Nathaniel James Cardiel ("Cardiel") was employed by O’Gara Coach Company, LLC ("OGCC") at its Beverly Hills, California dealership. OGCC is in the business of selling new and used high-end luxury automobiles. Between April 2017 and February 2018, Cardiel stole a 2009 Rolls- Royce Phantom Coupe ("2009 Rolls-Royce"), and a 2016 McLaren 675 LT ("2016 McLaren").

    On February 9, 2018, the Beverly Hills Police Department located the two vehicles at Cardiel’s residence. On April 10, 2018, Cardiel was charged criminally in the Los Angeles Superior Court for the theft of the two vehicles. On November 13, 2018, Cardiel entered into a felony plea agreement in Los Angeles Superior Court whereby Cardiel agreed to pay $105,000.00 restitution.

    On April 24, 2018, OGCC separately filed a complaint against Cardiel among others in Riverside Superior Court.

    On March 1, 2019, OGCC’s state court counsel deposed Cardiel wherein Cardiel admitted that he stole the two cars from OGCC and revealed that he was consulting with some lawyers about bankruptcy. Specifically, from the excerpt of the deposition, in page 58, lines 23-25, in response to the question, "You stole the car?" Cardiel replied, "I did." In page 81, lines 5-12, in response to the questions, "So you show up on the day you steal the McLaren. You jump the fence. You find a car that’s open that has a bunch of keys in the glove box. You look at the keys. You find a brand that you like. You use bolt cutters that you bought the day before to cut the lock on the gate?

    You open the gate and then you drive the car off the lot", Cardiel replied "Correct." In page 75, lines 15-21, in response to the question, "did you go to the dealership with

    2:00 PM

    CONT...


    Nathaniel James Cardiel


    Chapter 7

    the intent to take a particular car or just take whatever car was available," Cardiel replied, "to take whatever car that I could find or whichever one out the group of keys I get to pick which one, you know, suits my fancy..." In page 124, lines 14-20, Cardiel revealed, "I had no way of paying my credit card companies…actually right now I’m consulting some lawyers about bankruptcy. So I’m not in a good place credit-wise, as you probably saw by my credit report."

    OGCC’s case filed in Riverside Superior Court is now pending.


  2. Procedural background


On March 20, 2019, Cardiel filed a Chapter 7 bankruptcy without counsel. Cardiel failed to fully disclose his prepetition financial status in the schedules. Specifically, Cardiel did not disclose 1) OGCC’s pending litigation against him; 2) the pending Los Angeles Superior Court Criminal Action against him and the corresponding

$105,000.00 restitution and his plea agreement; 3) Cardiel’s ownership interest in the corporate entity, Day Dream Drive; 4) bank accounts maintained at California Coast Credit Union; and 5) 2017 Financial Statement submitted to California Coast Credit Union.

On July 1, 2019, Cardiel received his Chapter 7 discharge and on July 2, 2019 Cardiel’s Chapter 7 bankruptcy case was closed.

On or about August 23, 2019, OGCC allegedly became aware of Cardiel’s Chapter 7 case and moved to reopen the case. On September 17, 2019, Cardiel’s Chapter 7 Bankruptcy Case was reopened.

On October 4, 2019, OGCC filed a complaint to commence adversary proceeding in this Court, alleging that Cardiel’s discharge should be revoked under 11 U.S.C § 727(a) and OGCC’s claim should be determined to be non-dischargeable under 11

U.S.C §523(a)(2) and §523(a)(6). On December 2, 2019, Cardiel filed an answer to the complaint.

On May 14, 2020, OGCC filed a motion for summary judgment, arguing there were no disputed material facts and that Cardiel’s discharge should be revoked under 11 U.S.C §727(d), and that OGCC’s claim should be determined to be non- dischargeable under 11 U.S.C §523(a)(6).

Specifically, for the claim under §727(d), OGCC argues that Cardiel’s omission of contained information noted above from his schedules suffices the requirement under

§727(d) given that 1) OGCC’s alleged entitlement to over $100,000 restitution is material because it constitutes over 60% of Cardiel’s total claims, and 2) Cardiel’s

2:00 PM

CONT...


Nathaniel James Cardiel


Chapter 7

omission was knowingly made as Cardiel filed the bankruptcy only three weeks after his March deposition along with his recent state court criminal charge.

As to the claim under §523(a)(6), OGCC alleges that Cardiel’s acts were willful and malicious because Cardiel had the motive to inflict injury by stealing and concealing the cars as evidenced by the March deposition, and that caused economic injury totaling $551,295.82.

According to OGCC’s damage calculation formula, with respect to the 2009 Rolls-Royce, the loss of use is $5,000.00; the loss in value re disclose theft to subsequent buyer is $35,000.00; diminished value of vehicle due to mileage incurred by Cardiel (10,992 miles at $2.50 per mile) is $27,480.00; restore vehicle to factory standards is $36,332.46; the subtotal is $103,812.46. As to the 2016 McLaren, the loss in value re having to disclose the theft to a subsequent buyer is $35,000.00; diminished value of vehicle due to mileage incurred by Cardiel (100 miles at $2.50 per mile) is $250; the subtotal is $35,250.00. The whole amount of car damages is then further trebled pursuant to California Penal Code §496. In addition, the attorney fee, which should also be included to the total amount pursuant to §496, would be

$134,108.44.

On June 17, 2020, Cardiel filed an opposition to motion for summary judgment along with his evidentiary objections to the declaration of Juan Hernandez. In the opposition, Cardiel primarily raises disputes regarding damages calculation and amount of the damages in each category. On June 24, OGCC filed a reply to the opposition, arguing that Juan Hernandez, working as a corporate controller at OGCC, is capable to provide reliable amount of damages. In addition, OGCC also filed an evidentiary objection to the declaration of Nathaniel James Cardiel.


  1. EVIDENTIARY OBJECTION


    As a preliminary matter, the Court evaluates the evidentiary objections submitted by both parties.


    1. Cardiel’s evidentiary objections


      First, as to the evidentiary objections by Defendant Cardiel to Juan Hernandez declaration, the Court:

      • OVERRULES the evidentiary objection as to ¶ 7 based on hearsay. Defendant assumes, but it is not clear from the declaration, that amounts are reflected in a

      2:00 PM

      CONT...


      Nathaniel James Cardiel

      business record.

      • SUSTAINS the evidentiary objection as to ¶ 7 based on lack of foundation.

        There is no foundation provided for Declarant’s expertise to assess the damages, or for the damage amounts themselves.

        The Court does not address remainder of Cardiel’s evidentiary objections as


        Chapter 7

        premature pending resolution of section 496 issues.

    2. OGCC’s evidentiary objections


    OGCC made the evidentiary objections to the declaration of Nathaniel James Cardiel. The Court:

  2. STANDARD FOR SUMMARY JUDGMENT

    Summary judgment should be granted if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. Fed. R. Civ. P. 56(c) (made applicable to adversary proceedings by Fed. R. Bankr. P. 7056).

    The moving party has the burden of establishing the absence of a genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). If the moving party shows the absence of a genuine issue of material fact, the nonmoving party must go beyond the pleadings and identify facts that show a genuine issue for trial. Id. at 324. The court must view the evidence in the light most favorable to the nonmoving party. Bell v. Cameron Meadows Land Co., 669 F.2d 1278, 1284 (9th Cir. 1982). All reasonable doubt as to the existence of a genuine issue of fact should be resolved against the moving party. Hector v. Wiens, 533 F.2d 429, 432 (9th Cir. 1976). The inference drawn from the underlying facts must be viewed in the light most favorable to the party opposing the motion. Valadingham v. Bojorquez, 866 F.2d 1135, 1137

    2:00 PM

    CONT...


    Nathaniel James Cardiel


    Chapter 7

    (9th Cir. 1989). Where different ultimate inferences may be drawn, summary judgment is inappropriate. Sankovich v. Insurance Co. of N. Am., 638 F.2d 136, 140 (9th Cir. 1981).


  3. DISCUSSION


    1. Should OGCC’s claim be deemed non-dischargeable under Section 523(a) (6)?

      Section 523(a)(6) provides that: "(a) A discharge under 727 ... of this title does not discharge an individual debtor from any debt - ... (6) for willful and malicious injury by the debtor to another entity or to the property of another entity." Whether a particular debt is for willful and malicious injury by the debtor to another or the property of another under § 523(a)(6) requires application of a two-pronged test to the conduct giving rise to the injury. In other words, the creditor must prove that the debtor's conduct in causing the injuries was both willful and malicious. Barboza v.

      New Form, Inc. (In re Barboza), 545 F.3d 702,711 (9th Cir. 2008) (citing Carrillo v. Su (In re Su), 290 F.3d 1140, 1146–47 (9th Cir. 2002) and requiring the application of a separate analysis of each prong of "willful" and "malicious").


      1. Willfulness


        To show that a debtor's conduct is willful requires proof that the debtor deliberately or

        intentionally injured the creditor, and that in doing so, the debtor intended the consequences of his act, not just the act itself. Kawaauhau v. Geiger, 523 U.S. 57, 60–61 (1998); Carrillo v. Su (In re Su), 290 F.3d 1140, 1143 (9th Cir. 2002). The debtor must act with a subjective motive to inflict injury, or with a belief that injury is substantially certain to result from the conduct. In re Su, 290 F.3d at 1143. The court may consider circumstantial evidence that may establish what the debtor actually knew when conducting the injury creating action and not just what the debtor admitted to knowing. In re Ormsby, 591 F. 3d at 1206 (9th Cir. 2010). Conversion is not per se a willful and malicious injury; it establishes only the wrongful assertion of dominion over another’s personal property. Peklar v. Ikerd (In re Peklar), 260 F.3d 1035, 1037 (9th Cir.2001). See Petralia v. Jercich (In re Jercich), 238 F.3d 1202, 1206 (9th Cir.

        2001) (for liability under § 523(a)(6), plaintiff must prove debtor acted willfully and

        2:00 PM

        CONT...


        Nathaniel James Cardiel


        Chapter 7

        Petralia v. Jercich (In re Jercich), 238 F.3d 1202, 1206 (9th Cir. 2001) (for liability under § 523(a)(6), plaintiff must prove debtor acted willfully and inflicted injury willfully and maliciously rather than recklessly or negligently.) The court must determine whether Cardiel’s acts meet the willful and malicious requirement under § 523(a)(6).

        As to the willfulness, OGCC asserts that Cardiel affirmatively admitted no less than five times in his March 2019 deposition testimony (three weeks before his March 20, 2019 Chapter bankruptcy filing) that he most certainly intended to steal the 2009 Rolls-Royce and the 2016 McLaren. Specifically, Cardiel admitted that he intentionally stole the car. In response to the question, "did you go to the dealership with the intent to take a particular car or just take whatever car was available," Cardiel replied, "to take whatever car that I could find or whichever one out the group of keys I get to pick which one, you know, suits my fancy..." In response to the question, "so you show up on the day you steal the McLaren. You jump the fence. You find a car that’s open that has a bunch of keys in the glove box. You look at the keys. You find a brand that you like. You use bolt cutters that you bought the day before to cut the lock on the gate? You open the gate and then you drive the car off the lot", Cardiel replied "Correct."

        Here, it is clear from these quoted parts of deposition that Cardiel intended the acts to steal the vehicles from OGCC. These were not negligent or reckless acts as Cardiel prepared to perform the theft and bought the bolt cutters in advance to achieve his plan. The series of purposeful and deliberate acts for stealing, along with later possession of the car over a period of 6 months to 1 year, resulted in the serious interference with OGCC’s right to possess its cars. Cardiel’s possession of the cars over a period of more than half a year is, at the very least, substantially certain to result in the conversion of OGCC’s cars and more likely intended to inflict that injury. The economic injury to OGCC, including but not limited to, the loss of use and diminished value of vehicle due to mileage incurred by Cardiel, was a direct and certain result by Cardiel’s acts. Despite that Cardiel did not allege that he had a subjective motive to inflict the economic harm to OGCC, Cardiel’s acts to steal the cars for his own entertainment without any indication to return or compensation for OGCC suffice the willingness prong as the economic loss to OGCC was substantially certain resulting from Cardiel’s acts. Moreover, Cardiel’s counsel did not argue against the willfulness in the opposition or produce any evidence to the contrary to suggest otherwise.

        Based on the foregoing, the Court finds that Cardiel inflicted an economic injury

        2:00 PM

        CONT...


        Nathaniel James Cardiel


        Chapter 7

        to OGCC upon either acting with a subjective motive to inflict that injury or with a belief that the injury was substantially certain from his theft of two cars and thus the Court determines that willfulness prong is satisfied.


      2. Maliciousness


        For conducts to be malicious, the creditor must prove that the debtor: (1) committed a wrongful act; (2) done intentionally; (3) which necessarily causes injury; and (4) was done without just cause or excuse. In re Su, 290 F.3d 1140, at 1143. Torts will generally suffice the wrongful act requirement under section 523(a)(6) in the Ninth Circuit. In re Jercich, 238 F.3d 1202, 1204-06 (9th Cir. 2001). The conversion of another's property without his knowledge or consent, done intentionally and without justification and excuse, to the other's injury, constitutes a willful and malicious injury within the meaning of § 523(a)(6). Id, at 1208 (quoting Del Bino v.

        Bailey (In re Bailey), 197 F.3d 997, 1000 (9th Cir.1999)).

        The evidence establishes that Cardiel’s acts satisfy the malicious prong. As to the first element, the undisputed facts reveal that Cardiel, as a prior employee at OGCC, stole a 2009 Rolls-Royce and a 2016 McLaren from OGCC. Cardiel took advantage of knowledge he accumulated during his prior employment so that he was able to acquire a set of keys to enter the lot where the cars parked. He subsequently stole the cars that were open with a bunch of keys, and then Cardiel used the bolt cutters that he prepared in advance to cut the lock on the gate so he could drive away. Cardiel kept the cars in his residence for more than half of a year and drove the cars for his own entertainment without an intention to return the cars. These acts establish culpabilities as Cardiel was soon charged criminally in the Los Angeles Superior Court for the theft of the vehicles after the cars were located by the Beverly Hills Police Department.

        Cardiel afterwards entered into a felony plea agreement in Los Angeles Superior Court. These undisputed facts show that the acts committed by Cardiel are wrongful.

        The second element is easily satisfied here as Cardiel intended these acts as he admitted multiple times in his deposition and, as discussed above, OGCC’s injury was substantially certain inflicted by Cardiel’s acts. As to the third element, Cardiel’s theft necessarily caused certain economic injury to OGCC, including but not limited to the loss of use and diminished value of vehicle due to mileage incurred by Cardiel, thus, the third element is satisfied. Lastly, Cardiel did not provide any evidence to show that his acts were done with just cause or excuse. Even to the contrary, Cardiel in his deposition admitted that he stole the cars specifically in order to suit his fancy.

        2:00 PM

        CONT...


        Nathaniel James Cardiel


        Chapter 7

        Therefore, the Court finds OGCC has established the malicious injury requirement under Section 523(a)(6).

        Thus, based on the foregoing, the Court determines that OGCC has proven the claim that the debt owed by Cardiel to OGCC for theft of the two vehicles is except from discharge pursuant to 11 U.S.C § 523(a)(6). However, as noted above, there is no admissible evidence in support of exact amount of damages.


    2. Treble damages under California Penal Code §496(a) and (c)


      Based on the sustained objection to the damage calculations, OGCC has failed to establish the amount of damages for the injury caused by Cardiel’s acts. However, even assuming there was no issue with the damage award, it is unclear from the pleadings as to whether treble damages are appropriate. California Penal Code § 496(a) and (c) provide in relevant part as follows:


      (a) Every person who buys or receives any property that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or who conceals, sells, withholds, or aids in concealing, selling, or withholding any property from the owner, knowing the property to be so stolen or obtained, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170. …

      A principal in the actual theft of the property may be convicted pursuant to this section. However, no person may be convicted both pursuant to this section and of the theft of the same property.

      (c) Any person who has been injured by a violation of subdivision

      1. or (b) may bring an action for three times the amount of actual damages, if any, sustained by the plaintiff, costs of suit, and reasonable attorney's fees.


        In this case, the record reflects that Defendant Cardiel pled no contest as part of a plea agreement to a charge of §10851 of the Vehicle Code. Section 10851 states in part as follows:

        2:00 PM

        CONT...


        Nathaniel James Cardiel

        Any person who drives or takes a vehicle not his or her own, without the consent of the owner thereof, and with intent either to permanently or temporarily deprive the owner thereof of his or her title to or possession of the vehicle, whether with or without intent to steal the vehicle, or any person who is a party or an accessory to or an accomplice in the driving or unauthorized taking or stealing, is guilty of a public offense and, upon conviction thereof, shall be punished by imprisonment in a county jail for not more than one year or pursuant to subdivision (h) of Section 1170 of the Penal Code or by a fine of not more than five thousand dollars ($5,000), or by both the fine and imprisonment.


        Chapter 7


        There is at least one issue concerning the applicability of §496(a) to the restitution award in this case. The Court assumes without determining that a no contest plea as part of a plea bargain results in a criminal conviction. However, it is unclear if the plea to §10851(a) is a conviction of theft, as theft requires intent to steal but § 10851(a) does not, and to the extent the plea bargain constitutes a conviction of theft, under §496(a) a person cannot also be convicted also under §496(a). Finally, the Court understands Cardiel has testified as to intent to steal, but it is also unclear how such testimony factors into the analysis.

        Based on the foregoing, assuming there was admissible evidence of damages, it is unclear if OGCC is entitled to treble actual damages along with attorney’s fee pursuant to California Penal Code §496(a) and (c).


    3. Should Cardiel’s discharge under Chapter 7 be revoked under Section 727(d)?


    As provided by Section 727(d)(1), in order to prevail on cause of action to revoke debtor’s discharge, the movant must prove two elements: (1) that discharge was obtained through debtor’s fraud; and (2) the movant did not know of such fraud until after debtor was granted a discharge. Nielson further clarifies that the fraud must be a but-for cause of the discharge. In re Nielsen, 383 F.3d 922, 925-26 (9th Cir. 2004). A debtor is deemed to have obtained his discharge by fraud if: (1) he knowingly and fraudulently made a false oath in or in connection with the bankruptcy proceeding; and (2) the oath concerned a material fact that would have resulted in the denial of discharge under 11 U.S.C. § 727(a)(4)(A) had it been known prior to discharge. Jones

    2:00 PM

    CONT...


    Nathaniel James Cardiel


    Chapter 7

    v. U.S. Trustee, Eugene, 736 F.3d 897, 900 (9th Cir. 2013); In re Retz, 606 F.3d 1189, 1196 (9th Cir. 2010). "An omission or misstatement that 'detrimentally affects administration of the estate' is material." In re Retz, at 1198 (quoting Fogal Legware of Switzerland, Inc., v. Wills (In re Wills), 243 B.R. 58, 63 (9th Cir. BAP 1999)).

    For OGCC to prove that Cardiel’s discharge was "obtained through" the fraud, OGCC must show that, but for the fraud, the discharge would not have been granted. OGCC alleged that Cardiel’s complete omission of the pending criminal litigation involving the restitution order is material because it constitutes over 60% of Cardiel’s total claims.

    That argument is of no merit in no-asset bankruptcy filings. Assuming for the purpose of discussion that Cardiel listed this pending criminal litigation and corresponding restitution in his schedules, it would have no effect on any creditors and Cardiel would get his discharged. The omission would not affect administration of the estate given the non-asset bankruptcy filing. Equally importantly, dischargeability of this litigation is unaffected because of Cardiel’s discharge.

    Dischargeability is unaffected by scheduling in Chapter 7 no-assets bankruptcy. In re Nielsen, 383 F.3d 922, at 926. A dischargeable debt would have been discharged, and a non-dischargeable debt would not have been discharged, regardless of scheduling. Id. Therefore, OGCC fails to meet its burden of showing there is no issue on the question of whether the omission is material.

    As to the failure to disclose the bank accounts and the company, the Court notes that the argument section of OGCC’s motion on §727(d) only deals with Cardiel’s failure to include the criminal litigation in the schedules. It does not mention the failure to disclosure the bank accounts and companies. OGCC has not presented any evidence to establish the value of those assets in order to show that the non-disclosure was material. Assuming there was the evidence of value, in his opposition, Cardiel has presented the indirect evidence of value so as to raise a question of fact, although the court notes that scant evidence, contained in ¶ 10 of Cardiel’s declaration, lacks any appropriate detail so as to be reliable.

    Based on all foregoing, this Court determines that the OGCC has not met the burden of showing the absence of a genuine dispute of material facts as to whether Cardiel knowingly and fraudulently made a false oath concerning a material fact that would have resulted in the denial of discharge for the purpose of 11 U.S.C §727(d) and OGCC’s claim under 11 U.S.C §727(d) should be denied.


  4. CONCLUSION

2:00 PM

CONT...


Nathaniel James Cardiel

Based on the foregoing, the Court is inclined to GRANT the motion under 523(a)


Chapter 7

(6) as to liability (but not damages) and DENY the motion as to 727(d).


Party Information

Debtor(s):

Nathaniel James Cardiel Represented By Sevan Gorginian

Defendant(s):

Nathaniel James Cardiel Represented By

W. Derek May

Movant(s):

O'Gara Coach Company, LLC Represented By Thomas J Polis

Plaintiff(s):

O'Gara Coach Company, LLC Represented By Thomas J Polis

Trustee(s):

Howard B Grobstein (TR) Pro Se

2:00 PM

6:19-12225


Nathaniel James Cardiel


Chapter 7

Adv#: 6:19-01135 O'Gara Coach Company, LLC v. Cardiel


#24.00 CONT Status Conference RE: [1] Adversary case 6:19-ap-01135. Complaint by O'Gara Coach Company, LLC against Nathaniel James Cardiel. false pretenses, false representation, actual fraud)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)),(65 (Dischargeability - other)),(41 (Objection / revocation of discharge - 727(c),(d),(e))) (Polis, Thomas)


From: 12/11/19, 5/20/20 Also #23

EH     


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Nathaniel James Cardiel Represented By Sevan Gorginian

Defendant(s):

Nathaniel James Cardiel Represented By

W. Derek May

Plaintiff(s):

O'Gara Coach Company, LLC Represented By Thomas J Polis

Trustee(s):

Howard B Grobstein (TR) Pro Se

2:00 PM

6:18-12027


Richard M. Thomas


Chapter 7

Adv#: 6:18-01156 Anderson, Chapter 7 Trustee v. Williams et al


#25.00 CONT Motion For Summary Judgment Against Defendant Amy Williams From: 10/9/19, 1/8/20, 4/8/20, 4/29/20

Also #26 EH         

Docket 51

*** VACATED *** REASON: CONTINUED TO 9/2/20 AT 2:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Richard M. Thomas Represented By Keith Q Nguyen

Defendant(s):

Amy Williams Represented By Anerio V Altman

Richard M Thomas Jr. Pro Se

Joint Debtor(s):

Raquel Young Represented By Keith Q Nguyen

Movant(s):

Karl T. Anderson, Chapter 7 Trustee Represented By

Frank X Ruggier

Plaintiff(s):

Karl T. Anderson, Chapter 7 Trustee Represented By

2:00 PM

CONT...


Trustee(s):


Richard M. Thomas


Frank X Ruggier


Chapter 7

Karl T Anderson (TR) Represented By Larry D Simons Frank X Ruggier

2:00 PM

6:18-12027


Richard M. Thomas


Chapter 7

Adv#: 6:18-01156 Anderson, Chapter 7 Trustee v. Williams et al


#26.00 CONT Status Conference RE: [1] Adversary case 6:18-ap-01156. Complaint by Karl T. Anderson, Chapter 7 Trustee against Amy Williams, Richard M Thomas Jr.. (Charge To Estate) ($350.00). Complaint to: (1) Avoid and Recover Fraudulent Transfer; (2) Obtain Declaratory Relief as to Ownership of Real Property; and (3) Authorize Sale of Property Owned in Part by Non-Debtor Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)) (DEFAULT GRANTED AS TO SEVENTH CLAIM 4/19/19)


From: 9/26/18, 11/7/18, 12/12/18, 1/30/19, 2/27/19, 4/10/19, 9/18/19, 10/9/19, 1/8/20, 4/8/20, 4/29/20


Also #25 EH         

Docket 1

*** VACATED *** REASON: CONTINUED TO 9/2/20 AT 2:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Richard M. Thomas Represented By Keith Q Nguyen

Defendant(s):

Amy Williams Represented By Anerio V Altman

Richard M Thomas Jr. Pro Se

Joint Debtor(s):

Raquel Young Represented By Keith Q Nguyen

2:00 PM

CONT...


Richard M. Thomas


Chapter 7

Plaintiff(s):

Karl T. Anderson, Chapter 7 Trustee Represented By

Frank X Ruggier

Trustee(s):

Karl T Anderson (TR) Represented By Larry D Simons Frank X Ruggier

11:00 AM

6:10-20626


Irma Cantu


Chapter 13

Adv#: 6:17-01057 Cantu v. Ocwen Loan Servicing, LLC et al


#1.00 CONT Status Conference RE: [1] Adversary case 6:17-ap-01057. Complaint by Irma Cantu against Ocwen Loan Servicing, LLC. (Fee Not Required). Nature of Suit: (21 (Validity, priority or extent of lien or other interest in property)),(65 (Dischargeability - other)),(72 (Injunctive relief - other)) (Cravens, Leonard)


From: 11/15/18, 6/6/19, 10/18/19, 12/19/19, 1/30/20, 4/23/20, 4/30/20, 5/14/20


EH     


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Irma Cantu Represented By

Leonard J Cravens

Defendant(s):

Ocwen Loan Servicing, LLC Represented By Adam N Barasch

Ocwen Loan Servicing, LLC Represented By Adam N Barasch

Plaintiff(s):

Irma Cantu Represented By

Leonard J Cravens

Trustee(s):

Rod (MJ) Danielson (TR) Pro Se

11:00 AM

6:16-18990


John D Castro, Jr and Jennifer Manda Castro


Chapter 13


#1.10 Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to modify plan or suspend plan payments


EH     


Docket 114


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

John D Castro Jr Represented By Chris A Mullen

Joint Debtor(s):

Jennifer Manda Castro Represented By Chris A Mullen

Movant(s):

John D Castro Jr Represented By Chris A Mullen

Jennifer Manda Castro Represented By Chris A Mullen

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:15-19432


Kirk Eugene Frantz and Mary Elizabeth Frantz


Chapter 13


#2.00 CONT Trustee's Motion to Dismiss Case From: 5/14/20, 6/11/20

Also #3 EH     

Docket 221


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Kirk Eugene Frantz Represented By Jenny L Doling

Joint Debtor(s):

Mary Elizabeth Frantz Represented By Jenny L Doling

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:15-19432


Kirk Eugene Frantz and Mary Elizabeth Frantz


Chapter 13


#3.00 Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to modify plan or suspend plan payments


Also #2 EH         

Docket 225


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Kirk Eugene Frantz Represented By Jenny L Doling

Joint Debtor(s):

Mary Elizabeth Frantz Represented By Jenny L Doling

Movant(s):

Kirk Eugene Frantz Represented By Jenny L Doling

Mary Elizabeth Frantz Represented By Jenny L Doling

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:17-11167


Victor Thomas Lawton


Chapter 13


#4.00 CONT Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to modify plan or suspend plan payments


From: 6/11/20 EH     

Docket 97


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Victor Thomas Lawton Represented By Norma Duenas

Movant(s):

Victor Thomas Lawton Represented By Norma Duenas

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:17-12149


Irma Dalia Cantu


Chapter 13


#5.00 CONT Trustee's Motion to Dismiss Case From: 6/11/20

Also #6 EH     

Docket 86


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Irma Dalia Cantu Represented By Leonard J Cravens

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:17-12149


Irma Dalia Cantu


Chapter 13


#6.00 CONT Debtor's Motion for Order Disallowing Claim no 1-1 filed by Ocwen Loan Servicing, LLC

(HOLDING DATE)


From: 6/4/18, 8/30/18, 11/15/18, 6/6/19, 10/17/19, 12/19/19, 1/30/20, 4/23/20, 4/30/20, 5/14/20


Also #5 EH     


Docket 24


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Irma Dalia Cantu Represented By Leonard J Cravens

Movant(s):

Irma Dalia Cantu Represented By Leonard J Cravens Leonard J Cravens

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:17-20177


Randal Scott Oakley and Christine Ann Oakley


Chapter 13


#7.00 Application for Compensation for Halli B Heston, Debtor's Attorney, Period: 12/20/2019 to 5/8/2020, Fee: $1786.00, Expenses: $166.71


EH     


Docket 76


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Randal Scott Oakley Represented By Halli B Heston

Joint Debtor(s):

Christine Ann Oakley Represented By Halli B Heston

Movant(s):

Randal Scott Oakley Represented By Halli B Heston Halli B Heston Halli B Heston

Christine Ann Oakley Represented By Halli B Heston

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:18-20845


Gloria Simmons


Chapter 13


#8.00 CONT Debtor's Motion to Vacate Order of Dismissal From: 6/11/20

EH         


Docket 47


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Gloria Simmons Represented By Bruce A Wilson

Movant(s):

Gloria Simmons Represented By Bruce A Wilson

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-11370


Michael Wright


Chapter 13


#9.00 Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to modify plan or suspend plan payments


Also #10 EH         

Docket 76


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Michael Wright Represented By Terrence Fantauzzi

Movant(s):

Michael Wright Represented By Terrence Fantauzzi Terrence Fantauzzi Terrence Fantauzzi

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-11370


Michael Wright


Chapter 13


#10.00 Trustee's Motion to Dismiss Case Also #9

EH     


Docket 79

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 6/23/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Michael Wright Represented By Terrence Fantauzzi

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-17390


Shawn Michael DeLuca and Julie Lynn DeLuca


Chapter 13


#11.00 Motion RE: Objection to Claim Number 10 by Claimant PYOD, LLC. EH     

Docket 30

Tentative Ruling:

7/2/2020

BACKGROUND:

On August 22, 2019, Shawn & Julie DeLuca ("Debtors") filed a Chapter 13 voluntary petition. On October 24, 2019, PYOD, LLC ("Creditor") filed a proof of claim for an unsecured claim in the amount of $1,061.58 ("Claim 10"). On November 26, 2019, Debtors’ Chapter 13 plan was confirmed. On May 15, 2020, Debtors filed an objection to Claim 10. Debtors argue that Claim 10 is barred by the statute of limitations. Creditor did not file any opposition.

APPLICABLE LAW:

Pursuant to 11 U.S.C. § 502(a), a proof of claim is deemed allowed unless a party in interest objects. Absent an objection, a proof of claim constitutes prima facie evidence of the validity and amount of the claim under Federal Rule of Bankruptcy Procedure ("FRBP") 3001(f). See Lundell v. Anchor Constr. Specialists, Inc., 223 F.3d 1035, 1039 (9th Cir. 2000). When a party files an objection to a proof of claim, that filing "creates a dispute which is a contested matter" within the meaning of FRBP 9014 and the Court must resolve the matter after notice and opportunity for hearing upon a motion for relief. Id.

11:00 AM

CONT...

Shawn Michael DeLuca and Julie Lynn DeLuca

Chapter 13

When a creditor has filed a proof of claim that complies with the rules (thereby giving rise to the presumption of validity), the burden shifts to the objecting party who must "present evidence to overcome the prima facie case." In re Medina, 205 B.R. 216, 222 (9th Cir. B.A.P. 1996). To defeat the claim, the objecting party must provide sufficient evidence and "show facts tending to defeat the claim by probative force equal to that of the allegations of the proofs of claim themselves." Lundell, 223 F.3d at 1039 (quoting In re Holm, 931 F.2d 620, 623 (9th Cir. 1991)). "The objector must produce evidence, which, if believed, would refute at least one of the allegations that is essential to the claim’s legal sufficiency." Lundell, 223 F.3d at 1040 (quoting In re Allegheny Int’l, Inc., 954 F.2d 167, 173-74 (3d Cir. 1992)). If the objecting party produces sufficient evidence to negate one or more of the sworn facts in the proof of claim, the burden reverts back to the claimant to prove the validity of the claim by a preponderance of the evidence. See In re Consol. Pioneer Mort, 178 B.R. 222, 226 (9th Cir. BAP 1995), aff’d, 91 F.3d 151 (9th Cir. 1996) (quoting Allegheny Int’l, 954 F.2d at 173-74). The ultimate burden of persuasion remains at all times on the claimant. See Lundell, 223 F.3d at 1039; see also Holm, 931 F.2d at 623.

ANALYSIS:


11 U.S.C. § 502(b)(1) (2005) states:


  1. Except as provided in subsections (e)(2), (f), (g), (h) and (i) of this section, if such objection to a claim is made, the court, after notice and a hearing, shall determine the amount of such claim in lawful currency of the United States as of the date of the filing of the petition, and shall allow such claim in such amount, except to the extent that—


    1. such claim is unenforceable against the debtor and property of the debtor, under any agreement or applicable law for a reason other than because such claim is contingent or unmatured;

11:00 AM

CONT...


Shawn Michael DeLuca and Julie Lynn DeLuca


Chapter 13


CAL. CODE CIV. P. § 337 (2016) provides a statute of limitations of four years for debts founded on written contracts, book accounts, accounts stated based upon account in writing, "balance of mutual, open and current account in writing," and rescission of written contract. Once the statute of limitations has passed, the claim is unenforceable. See e.g., Guaranty Trust Co. v. United States, 304 U.S. 126 (1938).


Claim 10 states that it is based upon an "installment." Therefore, it appears that Claim 10 fits within the category established by CAL. CODE CIV. P. § 337, and that the statute of limitations is four years. The proof of claim identifies a last payment date of June 3, 1994. This is more than four years prior to the filing of the bankruptcy case, and, therefore, Claim 10 is unenforceable.


Additionally, the Court notes that Creditor has failed to oppose the claim objection, which the Court deems consent to the relief requested pursuant to Local Rule

9013-1(h).


TENTATIVE RULING


The Court is inclined to SUSTAIN the objection, DISALLOWING Claim 10 in its entirety.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


Party Information

11:00 AM

CONT...

Debtor(s):


Shawn Michael DeLuca and Julie Lynn DeLuca


Chapter 13

Shawn Michael DeLuca Represented By Nicholas M Wajda

Joint Debtor(s):

Julie Lynn DeLuca Represented By Nicholas M Wajda

Movant(s):

Shawn Michael DeLuca Represented By Nicholas M Wajda

Julie Lynn DeLuca Represented By Nicholas M Wajda

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-20532


Yan Zhang


Chapter 13


#12.00 CONT Motion to Avoid Judicial Lien with Zurich American Insurance Company From: 5/14/20

EH     


Docket 22

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 6/12/20

Tentative Ruling: 5/14/2020

Service: Proper Opposition: Yes


The Court is inclined to CONTINUE the matter for: (1) Creditor to provide alternative evidence of the fair market value of the subject real property; (2) Debtor to establish the location of residence of her husband; and (3) Creditor to file a supplemental response regarding Debtor’s entitlement to the enhanced exemption.


APPEARANCES REQUIRED.

Party Information

Debtor(s):

Yan Zhang Represented By

Ramiro Flores Munoz

Movant(s):

Yan Zhang Represented By

Ramiro Flores Munoz Ramiro Flores Munoz

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-20556


Andy M Manning


Chapter 13


#13.00 Motion to Disallow Claim No. 10 of Mercer Transportation Co. Inc.


EH     


Docket 20

Tentative Ruling:

7/2/2020

BACKGROUND:


On December 3, 2019, Andy Manning ("Debtor") filed a Chapter 13 voluntary petition. On March 11, 2020, Debtor’s Chapter 13 plan was confirmed.


On March 16, 2020, Mercer Transportation Co., Inc. filed a proof of claim for an unsecured claim in the amount of $5,846.24 ("Claim 10"). On May 18, 2020, Debtor filed an objection to Claim 10. Debtor argues that Claim 10 was filed late because the deadline for filing claims was February 11, 2020.


APPLICABLE LAW:


Pursuant to 11 U.S.C. § 502(a), a proof of claim is deemed allowed unless a party in interest objects. Absent an objection, a proof of claim constitutes prima facie evidence of the validity and amount of the claim under Federal Rule of Bankruptcy Procedure ("FRBP") 3001(f). See Lundell v. Anchor Constr. Specialists, Inc., 223

11:00 AM

CONT...


Andy M Manning


Chapter 13

F.3d 1035, 1039 (9th Cir. 2000). When a party files an objection to a proof of claim, that filing "creates a dispute which is a contested matter" within the meaning of FRBP 9014 and the Court must resolve the matter after notice and opportunity for hearing upon a motion for relief. Id.


When a creditor has filed a proof of claim that complies with the rules (thereby giving rise to the presumption of validity), the burden shifts to the objecting party who must "present evidence to overcome the prima facie case." In re Medina, 205 B.R. 216, 222 (9th Cir. B.A.P. 1996). To defeat the claim, the objecting party must provide sufficient evidence and "show facts tending to defeat the claim by probative force equal to that of the allegations of the proofs of claim themselves." Lundell, 223 F.3d at 1039 (quoting In re Holm, 931 F.2d 620, 623 (9th Cir. 1991)). "The objector must produce evidence, which, if believed, would refute at least one of the allegations that is essential to the claim’s legal sufficiency." Lundell, 223 F.3d at 1040 (quoting In re Allegheny Int’l, Inc., 954 F.2d 167, 173-74 (3d Cir. 1992)). If the objecting party produces sufficient evidence to negate one or more of the sworn facts in the proof of claim, the burden reverts back to the claimant to prove the validity of the claim by a preponderance of the evidence. See In re Consol. Pioneer Mort, 178 B.R. 222, 226 (9th Cir. BAP 1995), aff’d, 91 F.3d 151 (9th Cir. 1996) (quoting Allegheny Int’l, 954 F.2d at 173-74). The ultimate burden of persuasion remains at all times on the claimant. See Lundell, 223 F.3d at 1039; see also Holm, 931 F.2d at 623.


ANALYSIS:


11 U.S.C. § 502(b)(9) provides:


(b) Except as provided in subsections (e)(2), (f), (g), (h) and (i) of this section, if such objection to a claim is made, the court, after notice and a hearing, shall determine the amount of such claim in lawful currency

11:00 AM

CONT...


Andy M Manning

of the United States as of the date of the filing of the petition, and shall allow such claim in such amount, except to the extent that –


(9) proof of such claim is not timely filed, except to the extent tardily filed as permitted under paragraph (1), (2), or (3) of section 726(a) of this title or under the Federal Rules of Bankruptcy Procedure, except that a claim of a governmental unit shall be timely filed if it is filed before 180 days after the date of the order for relief or such later time as the Federal Rules of Bankruptcy Procedure may provide, and except that in a case under chapter 13, a claim of a governmental unit for a tax with respect to a return filed under section 1308 shall be timely if the claim is filed on or before the date that is 60 days after the date on which such return was filed as required.


Chapter 13


FED. R. BANKRP. P. Rule 3002(c) provides that the deadline for filing claims in a Chapter 13 case is 70 days after the order for relief; in this case that date was February 11, 2020. None of the exceptions in 11

U.S.C. § 502(b)(9) or Rule 3002(c) being applicable to this case, Claim 10 was filed late.


Furthermore, "the Ninth Circuit has repeatedly held that the deadline to file a proof of claim in a Chapter 13 proceeding is ‘rigid,’ and the bankruptcy court lacks equitable power to extent this deadline after the fact." In re Barker, 839 F.3d 1189, 1197 (9th Cir. 2016). "By virtue of Rule 9006(b)(3), a bankruptcy court does not have discretion to enlarge the time periods fixed by Rule 3002(c) nor permit an untimely claim when none of Rule 3002(c)’s five exceptions is applicable." In re Hayes, 327 B.R. 453, 458 (Bankr. C.D. Cal. 2005) (footnote omitted); see also In re Edelman, 237 B.R. 146, 152 (B.A.P. 9th Cir. 1999).

11:00 AM

CONT...


Andy M Manning


Chapter 13

TENTATIVE RULING


The Court is inclined to SUSTAIN the objection and DISALLOW Claim 10.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

Debtor(s):

Andy M Manning Represented By Paul Y Lee

Movant(s):

Andy M Manning Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10878


Keri Kristina Johnson


Chapter 13


#14.00 Motion to Disallow Claims number 1 EH     

Docket 25

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 6/10/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Keri Kristina Johnson Represented By Dana Travis

Movant(s):

Keri Kristina Johnson Represented By Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-13282


Jamin Ward Amond and Davina Patricia Amond


Chapter 13


#15.00 Motion for Setting Property Value of 2015 Chevrolet Tahoe Also #16

EH     


Docket 16

Tentative Ruling:

7/2/20

BACKGROUND


On May 8, 2020, Jamin & Davina Amond ("Debtor") filed a Chapter 13 voluntary petition. Among the assets of the estate are a 2015 Chevrolet Tahoe (the "Tahoe") and a 2017 Dodge Ram 3500 (the "Ram"). Pursuant to Claims 8 and 9, Cahp Credit Union ("Creditor") holds secured claims against the Tahoe and the Ram. Claim 8, relating to the Tahoe, identifies the claim as being secured in the amount of $31,140 and unsecured in the amount of $2,213.86. Claim 9, relating to the Ram, identifies a secured claim in the amount of $37,133.97.


On May 27, 2020, Debtor filed motions to value the Tahoe and the Ram. Debtor asserts that the Tahoe should be valued at $29,275 and that the Ram should be valued at $24,325.


DISCUSSION

11:00 AM

CONT...


Jamin Ward Amond and Davina Patricia Amond


Chapter 13

One of the benefits of filing a Chapter 13 bankruptcy is that under § 506(a) the debtor can bifurcate a secured, unavoidable debt, with one part representing the amount of the value of the collateral, and the deficiency being treated as an unsecured claim. See In re Penrod, 636 F.3d 1175, 1177 (9th Cir. 2011).


Presently, the Ninth Circuit has not established a uniform method for valuations. See In re Ayres, 2010 WL 652825 at *5 (Bankr. N.D. Cal. 2010) (collecting cases detailing vehicle valuation and describing the state of the law in the Ninth Circuit). In In re Morales, however, which this Court has previously cited with approval, it was determined that value should be calculated "by adjusting the Kelley Blue Book or

N.A.D.A. Guide retail value for a like vehicle by a reasonable amount in light of the evidence presented regarding the condition of the vehicle or any other relevant factors." In re Morales, 387 B.R. 36, 45 (Bankr.C.D.Cal.2008).


According to the court in In re Morales, the retail values, and not the private party values, are the appropriate starting points because the text of § 506(a)(2) refers to "the price a retail merchant would charge" and does not refer to the price a private party would charge. Morales at 46.


Here, Debtor has provided NADA guides identifying the clean retail value of the Tahoe and the Ram. Debtor has also included copies of the CarGurus reports, which were attached to Claim 8 and Claim 9 by Creditor in support of Creditor’s asserted fair market value. The Court notes that, with respect to the Tahoe, the retail values in the two reports are not dissimilar, and the NADA guide being more detailed, the Court is inclined to accept Debtor’s valuation as having higher probative value. With regard to the Ram, however, the valuations are significantly different. The Court notes that NADA guide identifies a mileage (for the Ram, that mileage amount is 434,461), while the CarGuru guide does not specify any mileage. Therefore, the NADA guide being more detailed and having higher probative value, the Court is inclined to accept the Debtor’s valuation.


Tentative Ruling:

11:00 AM

CONT...


Jamin Ward Amond and Davina Patricia Amond


Chapter 13


The Court is inclined to GRANT the motions to the extent of: (1) valuing the Tahoe at

$29,275, bifurcating Claim 8 into a secured claim of $29,275 and an unsecured claim in the amount of $4,078.86; and (2) conditioned on proof of mileage of the Ram, valuing the Ram at $24,325, bifurcating Claim 9 into a secured claim in the amount of

$24,325 and an unsecured claim in the amount of $12,808.97.


APPEARANCES REQUIRED.


Party Information

Debtor(s):

Jamin Ward Amond Represented By Michael E Clark

Joint Debtor(s):

Davina Patricia Amond Represented By Michael E Clark

Movant(s):

Jamin Ward Amond Represented By Michael E Clark

Davina Patricia Amond Represented By Michael E Clark Michael E Clark

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-13282


Jamin Ward Amond and Davina Patricia Amond


Chapter 13


#16.00 Motion for Setting Property Value of 2017 Dodge Ram Also #15

EH     


Docket 17

Tentative Ruling:

7/2/20

BACKGROUND


On May 8, 2020, Jamin & Davina Amond ("Debtor") filed a Chapter 13 voluntary petition. Among the assets of the estate are a 2015 Chevrolet Tahoe (the "Tahoe") and a 2017 Dodge Ram 3500 (the "Ram"). Pursuant to Claims 8 and 9, Cahp Credit Union ("Creditor") holds secured claims against the Tahoe and the Ram. Claim 8, relating to the Tahoe, identifies the claim as being secured in the amount of $31,140 and unsecured in the amount of $2,213.86. Claim 9, relating to the Ram, identifies a secured claim in the amount of $37,133.97.


On May 27, 2020, Debtor filed motions to value the Tahoe and the Ram. Debtor asserts that the Tahoe should be valued at $29,275 and that the Ram should be valued at $24,325.


DISCUSSION

11:00 AM

CONT...


Jamin Ward Amond and Davina Patricia Amond


Chapter 13

One of the benefits of filing a Chapter 13 bankruptcy is that under § 506(a) the debtor can bifurcate a secured, unavoidable debt, with one part representing the amount of the value of the collateral, and the deficiency being treated as an unsecured claim. See In re Penrod, 636 F.3d 1175, 1177 (9th Cir. 2011).


Presently, the Ninth Circuit has not established a uniform method for valuations. See In re Ayres, 2010 WL 652825 at *5 (Bankr. N.D. Cal. 2010) (collecting cases detailing vehicle valuation and describing the state of the law in the Ninth Circuit). In In re Morales, however, which this Court has previously cited with approval, it was determined that value should be calculated "by adjusting the Kelley Blue Book or

N.A.D.A. Guide retail value for a like vehicle by a reasonable amount in light of the evidence presented regarding the condition of the vehicle or any other relevant factors." In re Morales, 387 B.R. 36, 45 (Bankr.C.D.Cal.2008).


According to the court in In re Morales, the retail values, and not the private party values, are the appropriate starting points because the text of § 506(a)(2) refers to "the price a retail merchant would charge" and does not refer to the price a private party would charge. Morales at 46.


Here, Debtor has provided NADA guides identifying the clean retail value of the Tahoe and the Ram. Debtor has also included copies of the CarGurus reports, which were attached to Claim 8 and Claim 9 by Creditor in support of Creditor’s asserted fair market value. The Court notes that, with respect to the Tahoe, the retail values in the two reports are not dissimilar, and the NADA guide being more detailed, the Court is inclined to accept Debtor’s valuation as having higher probative value. With regard to the Ram, however, the valuations are significantly different. The Court notes that NADA guide identifies a mileage (for the Ram, that mileage amount is 434,461), while the CarGuru guide does not specify any mileage. Therefore, the NADA guide being more detailed and having higher probative value, the Court is inclined to accept the Debtor’s valuation.


Tentative Ruling:

11:00 AM

CONT...


Jamin Ward Amond and Davina Patricia Amond


Chapter 13


The Court is inclined to GRANT the motions to the extent of: (1) valuing the Tahoe at

$29,275, bifurcating Claim 8 into a secured claim of $29,275 and an unsecured claim in the amount of $4,078.86; and (2) conditioned on proof of mileage of the Ram, valuing the Ram at $24,325, bifurcating Claim 9 into a secured claim in the amount of

$24,325 and an unsecured claim in the amount of $12,808.97.


APPEARANCES REQUIRED.


Party Information

Debtor(s):

Jamin Ward Amond Represented By Michael E Clark

Joint Debtor(s):

Davina Patricia Amond Represented By Michael E Clark

Movant(s):

Jamin Ward Amond Represented By Michael E Clark

Davina Patricia Amond Represented By Michael E Clark Michael E Clark

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-14194


Juan Martinez


Chapter 13


#17.00 Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate all property


MOVANT: JUAN A MARTINEZ


EH     


Docket 10


Tentative Ruling:

7/2/2020


Service: Improper Opposition: None


In this case, a statutory presumption of bad faith arises pursuant to11 U.S.C. § 362(c) (3)(C)(i)(II)(cc) because Debtor had a bankruptcy case dismissed in the prior year for failure to perform the terms of a confirmed plan. Section 362(c)(3)(C) requires that the statutory presumption of bad faith be rebutted by "clear and convincing evidence." Here, the evidence submitted to the Court merely asserts that Debtor’s income has increased, without any detail describing or evidence supporting the change in Debtor’s financial circumstances.


Furthermore, Judge Houle’s self-calendaring procedures require that Lemuel Jaquez, of Ghidotti Berger LLP, be served with the instant motion because he filed a motion for relief from the automatic stay on December 12, 2019, in Debtor’s prior case. This motion, however, was not served on Mr. Jaquez.

For the foregoing reasons, the Court is inclined to DENY the motion. APPEARANCES REQUIRED.

Party Information

Debtor(s):

Juan Martinez Represented By

11:00 AM

CONT...


Movant(s):


Juan Martinez


Rebecca Tomilowitz


Chapter 13

Juan Martinez Represented By Rebecca Tomilowitz Rebecca Tomilowitz Rebecca Tomilowitz

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11883


Brenda M Rees


Chapter 13


#18.00 CONT Confirmation of Chapter 13 Plan From: 5/14/20

EH      


Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Brenda M Rees Represented By

Rabin J Pournazarian

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11956


Angela Helen Arias


Chapter 13


#19.00 CONT Confirmation of Chapter 13 Plan From: 5/14/20

EH      


Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Angela Helen Arias Represented By Steven A Alpert

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-12311


Russell P Eves and Lupita Eves


Chapter 13


#20.00 CONT Confirmation of Chapter 13 Plan From: 6/4/20

EH      


Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Russell P Eves Represented By Daniel C Sever

Joint Debtor(s):

Lupita Eves Represented By

Daniel C Sever

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-12700


Daniel Gutierrez Gonzalez


Chapter 13


#21.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Daniel Gutierrez Gonzalez Represented By Arlene M Tokarz

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-12764


Paige Margaret Miller


Chapter 13


#22.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Paige Margaret Miller Represented By William J Howell

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-12774


Jimmie Moore, II


Chapter 13


#23.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jimmie Moore II Represented By Nancy Korompis

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-12796


Dennis Michael Lasby and Cynthia Marie Lasby


Chapter 13


#24.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Dennis Michael Lasby Represented By Daniel King

Joint Debtor(s):

Cynthia Marie Lasby Represented By Daniel King

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-12808


Evelyn Corina Armas


Chapter 13


#25.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Evelyn Corina Armas Pro Se

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-12811


Eugene John Bachorski


Chapter 13


#26.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Eugene John Bachorski Represented By Jeremiah D Raxter

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11511


Josephine Jaques


Chapter 13


#27.00 CONT Confirmation of Chapter 13 Plan From: 5/14/20

EH      


Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Josephine Jaques Represented By Randolph R Ramirez

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11621


Walter Hunter, Jr


Chapter 13


#28.00 Motion and Notice of Motion for Order Determining Value of Collateral Also #29

EH         


Docket 44

Tentative Ruling:

7/2/20

BACKGROUND


On February 28, 2020, Walter Hunter ("Debtor") filed a Chapter 13 voluntary petition. Among the assets of the estate is a 2004 Mercedes CL500 (the "Property"). Pursuant to Claim 10, Wilshire Consumer Credit ("Creditor") holds a secured claim against the Property. Claim 10 identifies the total value of Creditor’s claim as $3,818.21 and lists the entire value of the claim as secured.


On June 4, 2020, Debtor filed a motion to value the Property. Debtor asserts that the Property should be valued at $1,500.


DISCUSSION



One of the benefits of filing a Chapter 13 bankruptcy is that under § 506(a) the debtor can bifurcate a secured, unavoidable debt, with one part representing the amount of the value of the collateral, and the deficiency being treated as an unsecured claim. See

11:00 AM

CONT...


Walter Hunter, Jr


Chapter 13

In re Penrod, 636 F.3d 1175, 1177 (9th Cir. 2011).


Presently, the Ninth Circuit has not established a uniform method for valuations. See In re Ayres, 2010 WL 652825 at *5 (Bankr. N.D. Cal. 2010) (collecting cases detailing vehicle valuation and describing the state of the law in the Ninth Circuit). In In re Morales, however, which this Court has previously cited with approval, it was determined that value should be calculated "by adjusting the Kelley Blue Book or

N.A.D.A. Guide retail value for a like vehicle by a reasonable amount in light of the evidence presented regarding the condition of the vehicle or any other relevant factors." In re Morales, 387 B.R. 36, 45 (Bankr.C.D.Cal.2008).


According to the court in In re Morales, the retail values, and not the private party values, are the appropriate starting points because the text of § 506(a)(2) refers to "the price a retail merchant would charge" and does not refer to the price a private party would charge. Morales at 46.


Here, Debtor has provided detailed appraisal of the Property indicating that the "fair market value" of the Property is $1,790. The appraisal contains a definition of fair market value that generally comports with statutory language included in 11 U.S.C.

§ 506(a)(2). Debtor has also submitted a declaration in support of the motion indicating that his proposed valuation of $1,500 reflects partial costs to repair the power steering hose and alignment. Given the appraisal’s detailed discussion of the condition and defects of the Property, the Court believes the appraisal, unmodified, represents the appropriate valuation of the Property.


Tentative Ruling:


The Court is inclined to GRANT the motion to the extent of valuing the Property at

$1,790, leaving Creditor with a secured claim in the amount of $1,790 and an unsecured claim in the amount of $2,028.21.

11:00 AM

CONT...


Walter Hunter, Jr


Chapter 13


APPEARANCES REQUIRED.


Party Information

Debtor(s):

Walter Hunter Jr Represented By

James D. Hornbuckle

Movant(s):

Walter Hunter Jr Represented By

James D. Hornbuckle James D. Hornbuckle

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11621


Walter Hunter, Jr


Chapter 13


#29.00 CONT Confirmation of Chapter 13 Plan From: 5/14/20

Also #28 EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Walter Hunter Jr Represented By

James D. Hornbuckle

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:16-15304


Fabiola Puttre


Chapter 13


#30.00 Trustee's Motion to Dismiss Case EH     

Docket 110


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Fabiola Puttre Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:16-15522


Jesus Danny Ontiveros, III and Marie Irene Ontiveros


Chapter 13


#31.00 CONT Trustee's Motion to Dismiss Case From: 6/11/20

EH     


Docket 82

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 6/29/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jesus Danny Ontiveros III Represented By Gary S Saunders

Joint Debtor(s):

Marie Irene Ontiveros Represented By Gary S Saunders

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:16-15914


Maria Aurora Chaidez Grajeda


Chapter 13


#32.00 CONT Trustee's Motion to Dismiss Case From: 5/28/20

EH     


Docket 60

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 6/29/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Maria Aurora Chaidez Grajeda Represented By Nicholas M Wajda

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:17-10360


Jerome Petras Oakman and Angella Jean Oakman


Chapter 13


#33.00 Trustee's Motion to Dismiss Case EH     

Docket 81


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jerome Petras Oakman Represented By Dana Travis

Joint Debtor(s):

Angella Jean Oakman Represented By Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:17-14469


Mario Timothy Velasquez and Susan Lorraine Velasquez


Chapter 13


#34.00 Trustee's Motion to Dismiss Case EH     

Docket 74

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 6/18/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mario Timothy Velasquez Represented By Paul Y Lee

Joint Debtor(s):

Susan Lorraine Velasquez Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:17-19614


Alfredo Manzo Arrieta and Mayte Hernandez- Arrieta


Chapter 13


#35.00 CONT Trustee's Motion to Dismiss Case From: 5/28/20

EH     


Docket 133

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

6/8/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Alfredo Manzo Arrieta Represented By Andy C Warshaw

Joint Debtor(s):

Mayte Hernandez- Arrieta Represented By Andy C Warshaw

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:17-20277


Christina Irene Dillon


Chapter 13


#36.00 Trustee's Motion to Dismiss Case EH     

Docket 49

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 6/23/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Christina Irene Dillon Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:18-10957


Damaris Denise Redgray-Johnson


Chapter 13


#37.00 Trustee's Motion to Dismiss Case EH     

Docket 56


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Damaris Denise Redgray-Johnson Represented By

Daniel King

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:18-11476


Randy Saulsberry and Kimberly E May


Chapter 13


#38.00 CONT Trustee's Motion to Dismiss Case From: 5/28/20

EH     


Docket 54


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Randy Saulsberry Represented By David L Nelson

Joint Debtor(s):

Kimberly E May Represented By David L Nelson

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:18-14770


Lamar Ramon Benjamin


Chapter 13


#39.00 Trustee's Motion to Dismiss Case EH     

Docket 64


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Lamar Ramon Benjamin Represented By

Ethan Kiwhan Chin

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:18-17204


Justo Ocegueda


Chapter 13


#40.00 CONT Trustee's Motion to Dismiss Case From: 6/4/20

EH     


Docket 46


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Justo Ocegueda Represented By Lionel E Giron

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:18-17676


Patricia Ellen Bond-Gomez


Chapter 13


#41.00 Trustee's Motion to Dismiss Case EH     

Docket 98

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

7/1/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Patricia Ellen Bond-Gomez Represented By John F Brady

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:18-20200


Denise Cherie Darden


Chapter 13


#42.00 Trustee's Motion to Dismiss Case EH     

Docket 62

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

7/1/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Denise Cherie Darden Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:18-20402


Frank T. Moore


Chapter 13


#43.00 Trustee's Motion to Dismiss Case EH     

Docket 50

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 6/23/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Frank T. Moore Represented By

Patricia M Ashcraft - SUSPENDED BK - Gregory Ashcraft

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-13123


Susana Olga Corona


Chapter 13


#44.00 Trustee's Motion to Dismiss Case EH     

Docket 60


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Susana Olga Corona Represented By Christopher J Langley Michael Smith

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-13684


Ryan Sollazzo and Reanna Sollazzo


Chapter 13


#45.00 CONT Trustee's Motion to Dismiss Case From: 6/11/20

EH     


Docket 37

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 6/29/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ryan Sollazzo Represented By Paul Y Lee

Joint Debtor(s):

Reanna Sollazzo Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-15018


Diana Nava and Ramiro Nava


Chapter 13


#46.00 CONT Trustee's Motion to Dismiss Case Advanced From: 8/20/20

EH     


Docket 44

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 6/23/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Diana Nava Represented By

Joseph A Weber Fritz J Firman

Joint Debtor(s):

Ramiro Nava Represented By

Joseph A Weber Fritz J Firman

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-17200


Michelle Crain


Chapter 13


#47.00 Trustee's Motion to Dismiss Case EH     

Docket 37

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 6/23/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Michelle Crain Represented By Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-17992


Judy May Wells


Chapter 13


#48.00 CONT Trustee's Motion to Dismiss Case From: 5/28/20

EH     


Docket 72


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Judy May Wells Represented By David L Nelson

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-18361


Jorge Mercado and Martha Mercado


Chapter 13


#49.00 CONT Trustee's Motion to Dismiss Case From: 6/11/20

EH     


Docket 34

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 6/22/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jorge Mercado Represented By Paul Y Lee

Joint Debtor(s):

Martha Mercado Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-18417


Jose G. Rodriguez


Chapter 13


#50.00 Trustee's Motion to Dismiss Case EH     

Docket 45


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jose G. Rodriguez Represented By Christopher J Langley Michael Smith

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-20154


Bridgette Donnais Turner


Chapter 13


#51.00 CONT Trustee's Motion to Dismiss Case From: 5/28/20, 6/11/20

EH     


Docket 38

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

7/1/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Bridgette Donnais Turner Represented By Joshua L Sternberg

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-20214


Jaqueline Aguilar-Ramos


Chapter 13


#52.00 Trustee's Motion to Dismiss Case EH     

Docket 22

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

7/1/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jaqueline Aguilar-Ramos Represented By

Ramiro Flores Munoz

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-20280


Michael Brown and Robin Brown


Chapter 13


#53.00 Trustee's Motion to Dismiss Case EH     

Docket 45


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Michael Brown Represented By Kevin Tang

Joint Debtor(s):

Robin Brown Represented By

Kevin Tang

Trustee(s):

Rod Danielson (TR) Pro Se

12:00 PM

6:20-13933


Agustin Napolion Joya and Dora Maria Joya


Chapter 13


#54.00 CONT Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate Real Property


MOVANT: AGUSTIN NAPOLION JOYA AND DORA MARIA JOYA


From: 6/30/20 EH     

Docket 19

Tentative Ruling:

TENTATIVE RULING:


6/30/20


Service: Shortened Notice – Proper Opposition: None


The Court has reviewed the motion. On June 4, 2020 (hereinafter "Petition Date"), Agustin Napolion Joya (hereinafter "Debtor") and Dora Maria Joya (hereinafter "Joint Debtor," collectively "Debtors") filed a Chapter 13 voluntary petition. Pursuant to 11

U.S.C. § 362(c)(3), the automatic stay in respect to the Debtors expires on the thirtieth day after the filing of this petition, but it remains in respect to the estate.


Debtors had one prior Chapter 13 voluntary petition, case number 6:17-bk-20121-MH ("Prior Case"), pending and dismissed within one-year period. In the Prior Case, Nationstar Mortgage, LLC doing business as Mr. Cooper filed a motion from relief of stay in regard to the property located at 1365 Riverstone Court, Hemet, California 92545. Debtors have served Select Portfolio Servicing, which is the firm Nationstar Mortgage transferred their claim to, pursuant to the Court’s Miscellaneous Instructions.


Debtors have filed this motion to continue the stay pursuant to 11. U.S.C § 362(c)(3)

12:00 PM

CONT...


Agustin Napolion Joya and Dora Maria Joya


Chapter 13

(B). Debtors’ Prior Case was dismissed because of delinquent payments totaling

$4,002.00. Debtors claim that both of their freightliner work trucks broke down at the same time, and because of the lose of income due to the trucks breaking down and the costly repair, Debtors claim they were unable to pay their monthly plan payments.

Debtors do not anticipate any having any issues in this present case.


To overcome this presumption, the Debtor must provide clear and convincing evidence to the contrary. "[Clear and convincing evidence] is defined as that degree or measure of proof which will produce in the mind of the trier of fact, a firm belief or conviction that the allegations sought to be established as true; it is ‘evidence so clear, direct weight[,] and convincing as to enable the fact finder to come to a clear conviction, without hesitancy, of the truth of the precise facts of the case.’" In re Castaneda, 342 B.R. 90 (Bankr. S.D. Cal. 2006) (citing Charles I, 332 B.R. 538, 542 (Bankr. S.D. TX. 2005)).


"Mere statements by the movement in the motion does not carry evidentiary weight. The movant must provide detailed, competent, evidence sufficient…to rebut the presumption of bad faith." In re Castaneda, 342 B.R. at 96. In this case, Debtors have not provided detailed, competent, evidence sufficient to rebut the presumption of bad faith. Specifically, there is no detail nor supporting evidence as to the cost of repairing the trucks, the revenue loss from the Trucks being out of commission, and whether the trucks are both now repaired and operational.


Debtors’ statements, lacking detail, are not sufficient to establish clear and convincing evidence to rebut the presumption pursuant to 11 U.S.C § 362(c)(3) that the case was not filed in good faith.


APPEARANCES REQUIRED.


Party Information

Debtor(s):

Agustin Napolion Joya Represented By Daniel King

12:00 PM

CONT...


Agustin Napolion Joya and Dora Maria Joya


Chapter 13

Joint Debtor(s):

Dora Maria Joya Represented By Daniel King

Movant(s):

Agustin Napolion Joya Represented By Daniel King

Dora Maria Joya Represented By Daniel King

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:18-16908


Visiting Nurse Association of the Inland Counties


Chapter 11


#1.00 CONT Motion For Sale of Property of the Estate under Section 363(b) - No Fee Motion for Order: (1) Approving Asset Purchase Agreements and Authorizing Sale of Debtor's Assets Free and Clear of Liens, Claims and Interests Pursuant to 11

U.S.C. § 363(b) and (f); (2) Rejecting or Assuming and Assigning Certain Executory Contracts and Unexpired Leases; (3) Approving Buyers, Successful Bidders, and Any Back-up Bidders as Good-Faith Purchasers Pursuant to 11

U.S.C. § 363(m); and (4) Authorizing Payment of Undisputed Liens and Other Ordinary Costs of Sale


From: 6/30/20 EH     

Docket 608

Party Information

Debtor(s):

Visiting Nurse Association of the Represented By

David M Goodrich Beth Gaschen Jennifer Vicente Ryan W Beall Steven T Gubner Jason B Komorsky

Movant(s):

Visiting Nurse Association of the Represented By

David M Goodrich David M Goodrich Beth Gaschen Beth Gaschen Jennifer Vicente Jennifer Vicente Ryan W Beall

11:00 AM

CONT...


Visiting Nurse Association of the Inland Counties

Ryan W Beall Steven T Gubner Steven T Gubner Jason B Komorsky Jason B Komorsky


Chapter 11

2:00 PM

6:19-10513


Blanca Aguirre


Chapter 7


#2.00 CONT Motion to Avoid Lien Real Property with Canyon Lake Property Owners Association


From: 7/1/20 EH     

Docket 54

Party Information

Debtor(s):

Blanca Aguirre Pro Se

Movant(s):

Blanca Aguirre Pro Se

Trustee(s):

Howard B Grobstein (TR) Represented By Noreen A Madoyan Kevin T Lafky

2:00 PM

6:20-12497


Juan R. Garcia and Lorena I. Garcia


Chapter 7


#3.00 CONT Motion to Avoid Property Lien with Credit Acceptance Corporation From: 6/10/20, 7/1/20

EH     


Docket 8

Party Information

Debtor(s):

Juan R. Garcia Represented By Keith Q Nguyen

Joint Debtor(s):

Lorena I. Garcia Represented By Keith Q Nguyen

Movant(s):

Juan R. Garcia Represented By Keith Q Nguyen Keith Q Nguyen Keith Q Nguyen

Lorena I. Garcia Represented By Keith Q Nguyen Keith Q Nguyen

Trustee(s):

Larry D Simons (TR) Pro Se

2:00 PM

6:20-14194


Juan Martinez


Chapter 13


#4.00 CONT Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate all property


MOVANT: JUAN A MARTINEZ


From: 7/2/20 EH     

Docket 10

Party Information

Debtor(s):

Juan Martinez Represented By Rebecca Tomilowitz

Movant(s):

Juan Martinez Represented By Rebecca Tomilowitz Rebecca Tomilowitz Rebecca Tomilowitz

Trustee(s):

Rod Danielson (TR) Pro Se

10:00 AM

6:18-16908

Visiting Nurse Association of the Inland Counties

Chapter 11


#1.00 CONT Motion For Sale of Property of the Estate under Section 363(b) - No Fee Motion for Order: (1) Approving Asset Purchase Agreements and Authorizing Sale of Debtor's Assets Free and Clear of Liens, Claims and Interests Pursuant to 11

U.S.C. § 363(b) and (f); (2) Rejecting or Assuming and Assigning Certain Executory Contracts and Unexpired Leases; (3) Approving Buyers, Successful Bidders, and Any Back-up Bidders as Good-Faith Purchasers Pursuant to 11

U.S.C. § 363(m); and (4) Authorizing Payment of Undisputed Liens and Other Ordinary Costs of Sale


From: 6/30/20, 7/8/20 EH     

Docket 608

Party Information

Debtor(s):

Visiting Nurse Association of the Represented By

David M Goodrich Beth Gaschen Jennifer Vicente Ryan W Beall Steven T Gubner Jason B Komorsky

Movant(s):

Visiting Nurse Association of the Represented By

David M Goodrich David M Goodrich Beth Gaschen Beth Gaschen Jennifer Vicente Jennifer Vicente Ryan W Beall

10:00 AM

CONT...


Visiting Nurse Association of the Inland Counties

Ryan W Beall Steven T Gubner Steven T Gubner Jason B Komorsky Jason B Komorsky


Chapter 11

2:00 PM

6:18-12807


G Hurtado Construction, Inc.


Chapter 11


#1.00 CONT Order (1) Setting Scheduling Hearing And Case Management Conference And (2) Requiring Status Report


From: 5/8/18, 8/21/18, 9/11/18, 9/25/18, 10/30/18, 11/6/18, 12/18/18, 3/5/19, 3/26/19, 8/20/19, 10/29/19, 12/17/19, 1/28/20, 3/24/20, 3/31/20


EH     


Docket 18

Debtor(s):

*** VACATED *** REASON: CASE CLOSED 7/8/20

Party Information

G Hurtado Construction, Inc. Represented By Michael Jones Sara Tidd

2:00 PM

6:11-12667

Maximino Romero Torres and Rebecca Anne Torres

Chapter 7

#2.00 CONT Order to show cause why James Alderson should not be: (1) Sanctioned in the amount of $5,000; and (2) Reported to the State Bar Disciplinary Committee for failure to conform to professional rules of conduct

From: 3/31/20, 4/21/20, 5/26/20, 6/30/20 EH     

Docket 64

Debtor(s):

*** VACATED *** REASON: CONTINUED TO 7/28/20 AT 2:00 P.M.

Party Information

Maximino Romero Torres Represented By James A Alderson

Joint Debtor(s):

Rebecca Anne Torres Represented By James A Alderson

Trustee(s):

Patricia J Zimmermann (TR) Pro Se

11:00 AM

6:18-16908

Visiting Nurse Association of the Inland Counties

Chapter 11


#1.00 CONT Re Status Conference - Motion For Sale of Property of the Estate under Section 363(b) - No Fee Motion for Order: (1) Approving Asset Purchase Agreements and Authorizing Sale of Debtor's Assets Free and Clear of Liens, Claims and Interests Pursuant to 11 U.S.C. § 363(b) and (f); (2) Rejecting or Assuming and Assigning Certain Executory Contracts and Unexpired Leases;

(3) Approving Buyers, Successful Bidders, and Any Back-up Bidders as Good- Faith Purchasers Pursuant to 11 U.S.C. § 363(m); and (4) Authorizing Payment of Undisputed Liens and Other Ordinary Costs of Sale

HOLDING DATE


From: 6/30/20, 7/8/20, 7/9/20 EH     

Docket 608

Party Information

Debtor(s):

Visiting Nurse Association of the Represented By

David M Goodrich Beth Gaschen Jennifer Vicente Ryan W Beall Steven T Gubner Jason B Komorsky

Movant(s):

Visiting Nurse Association of the Represented By

David M Goodrich David M Goodrich Beth Gaschen Beth Gaschen Jennifer Vicente Jennifer Vicente

11:00 AM

CONT...


Visiting Nurse Association of the Inland Counties

Ryan W Beall Ryan W Beall Steven T Gubner Steven T Gubner Jason B Komorsky Jason B Komorsky


Chapter 11

2:00 PM

6:19-16505


Jesse Joseph Shelby


Chapter 7

Adv#: 6:19-01126 Shelby v. SOFI LENDING CORP.


#2.00 CONT Motion for Default Judgment From: 4/1/20

Also #3 EH     

Docket 28

Party Information

Debtor(s):

Jesse Joseph Shelby Represented By Steven A Alpert

Defendant(s):

SOFI LENDING CORP. Pro Se

Joint Debtor(s):

Tina Marie Shelby Represented By Steven A Alpert

Movant(s):

Jesse Joseph Shelby Represented By Christine A Kingston

Plaintiff(s):

Jesse Joseph Shelby Represented By Christine A Kingston

Trustee(s):

Steven M Speier (TR) Pro Se

2:00 PM

6:19-16505


Jesse Joseph Shelby


Chapter 7

Adv#: 6:19-01126 Shelby v. SOFI LENDING CORP.


#3.00 CONT Status Conference RE: [17] Amended Complaint by Christine A Kingston on behalf of Jesse Joseph Shelby against SOFI LENDING CORP.. (RE: related document(s)1 Adversary case 6:19-ap-01126. Complaint by Jesse Joseph Shelby against SOFI LENDING CORP.. Nature of Suit: (63 (Dischargeability - 523(a)(8), student loan)) (Kingston, Christine)


From: 1/15/20, 3/25/20, 4/1/20 Also #2

EH     


Docket 17

Party Information

Debtor(s):

Jesse Joseph Shelby Represented By Steven A Alpert

Defendant(s):

SOFI LENDING CORP. Pro Se

Joint Debtor(s):

Tina Marie Shelby Represented By Steven A Alpert

Plaintiff(s):

Jesse Joseph Shelby Represented By Christine A Kingston

Trustee(s):

Steven M Speier (TR) Pro Se

2:00 PM

6:18-16831


Young Jin Yoon


Chapter 7

Adv#: 6:18-01210 Kim v. Yoon et al


#4.00 CONT Pre-Trial Conference RE: [1] Adversary case 6:18-ap-01210. Complaint by Vivian Kim against Young Jin Yoon, Hyunmyung Park, Joshua Park. false pretenses, false representation, actual fraud)),(72 (Injunctive relief - other)),(13 (Recovery of money/property - 548 fraudulent transfer)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)) (Kym, Jiyoung)


From: 12/12/18, 1/9/19, 7/31/19, 10/16/19, 3/11/20


EH     


Docket 1

Party Information

Debtor(s):

Young Jin Yoon Represented By Ji Yoon Kim

Defendant(s):

Young Jin Yoon Represented By Ji Yoon Kim

Hyun Myung Park Represented By Ji Yoon Kim

Joshua Park Represented By

Ji Yoon Kim

Plaintiff(s):

Vivian Kim Represented By

Jiyoung Kym

Trustee(s):

Robert Whitmore (TR) Pro Se

2:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:18-01063 Chen et al v. Bastorous et al


#5.00 Pre-Trial Conference RE: [5] Amended Complaint by Douglas L Mahaffey on behalf of Chienan Chen, Chun-Wu Li against Bernadette Shenouda, 3 Columnar Ladera LLC, Mike Bareh, Mark Bastorous, MB Capital Group LLC. (Dismissed as to Bernadette Shenouda 1/2/19)


From: 5/9/18, 6/6/18, 8/22/18, 10/31/18, 2/27/19, 6/12/19, 1/15/20, 3/4/20, 3/18/20


EH     


Docket 5

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

3 Columnar Ladera LLC Pro Se

Mike Bareh Represented By

Mirco J Haag Jason E Goldstein

MB Capital Group LLC Pro Se

Bernadette Shenouda Represented By Thomas F Nowland

Mark Bastorous Represented By Thomas F Nowland

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

2:00 PM

CONT...


Mark Bastorous


Chapter 7

Plaintiff(s):

Chun-Wu Li Represented By

Douglas L Mahaffey

Chienan Chen Represented By Douglas L Mahaffey

Trustee(s):

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

3:00 PM

6:16-20298


Donald Sutcliffe


Chapter 7


#6.00 Motion to Enforce Turnover Order and Remove Debtor From Property Due to Unreasonable Denial of Access and Continuing Damage to Property In Advance of Sale Closing


EH         


Docket 116

Party Information

Debtor(s):

Donald Sutcliffe Represented By Scott Talkov

Movant(s):

John P Pringle (TR) Represented By

D Edward Hays David Wood Tinho Mang

Trustee(s):

John P Pringle (TR) Represented By

D Edward Hays David Wood Tinho Mang

10:00 AM

6:18-16908


Visiting Nurse Association of the Inland Counties


Chapter 11


#1.00 CONT Re Status Conference - Motion For Sale of Property of the Estate under Section 363(b) - No Fee Motion for Order: (1) Approving Asset Purchase Agreements and Authorizing Sale of Debtor's Assets Free and Clear of Liens, Claims and Interests Pursuant to 11 U.S.C. § 363(b) and (f); (2) Rejecting or Assuming and Assigning Certain Executory Contracts and Unexpired Leases;

(3) Approving Buyers, Successful Bidders, and Any Back-up Bidders as Good- Faith Purchasers Pursuant to 11 U.S.C. § 363(m); and (4) Authorizing Payment of Undisputed Liens and Other Ordinary Costs of Sale

HOLDING DATE


From: 6/30/20, 7/8/20, 7/9/20, 7/15/20 EH     

Docket 608

Party Information

Debtor(s):

Visiting Nurse Association of the Represented By

David M Goodrich Beth Gaschen Jennifer Vicente Ryan W Beall Steven T Gubner Jason B Komorsky

Movant(s):

Visiting Nurse Association of the Represented By

David M Goodrich David M Goodrich Beth Gaschen Beth Gaschen Jennifer Vicente Jennifer Vicente

10:00 AM

CONT...


Visiting Nurse Association of the Inland Counties

Ryan W Beall Ryan W Beall Steven T Gubner Steven T Gubner Jason B Komorsky Jason B Komorsky


Chapter 11

11:00 AM

6:16-20298


Donald Sutcliffe


Chapter 7


#2.00 CONT Motion to Enforce Turnover Order and Remove Debtor From Property Due to Unreasonable Denial of Access and Continuing Damage to Property In Advance of Sale Closing


From: 7/15/20 EH         

Docket 116

Party Information

Debtor(s):

Donald Sutcliffe Represented By Scott Talkov

Movant(s):

John P Pringle (TR) Represented By

D Edward Hays David Wood Tinho Mang

Trustee(s):

John P Pringle (TR) Represented By

D Edward Hays David Wood Tinho Mang

11:00 AM

6:16-21234


Frank A Horzen and Barbara A Horzen


Chapter 13


#1.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 19579 Casmelia Street, Rialto, CA 92377


MOVANT: WILMINGTON TRUST COMPANY


From: 5/12/20 EH     

Docket 152

*** VACATED *** REASON: ORDER ENTERED 5/21/20

Tentative Ruling: Tentative Ruling:

5/12/20


Service: Proper Opposition: Debtor


To attain relief from stay under 11. U.S.C §362(d)(1) "cause" must be shown. Wilmington Trust Company (hereinafter "WTC") claims that post-petition post- confirmation mortgage payments due have not been made by the Debtors. "The failure, however, of a debtor to tender post-petition payments to a mortgagee does not mean that the secured creditor must be granted relief from the stay…Evidence of a post-petition delinquency only means that the debtor must then come forward with evidence demonstrating that the mortgagee’s secured interest is adequately protected." In re Middleton Place Assocs., 1993 Bankr. Lexis 2171, *28-*29 (Bankr. E.D. PA, 1993).


Debtors must show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1).

11:00 AM

CONT...


Frank A Horzen and Barbara A Horzen


Chapter 13


Debtors have opposed the motion. Debtors state that "they are seeking an adequate protection order to cure the outstanding post-petition delinquency." Dkt. No. 156. Debtor claims that "their counsel has reached-out to opposing counsel and was informed that due to the current COVID-19 situation, there have been longer delays than normal regarding approval." Id.


Parties are to update the Court on the status of adequate protection discussions.


APPEARANCES REQUIRED.


Party Information

Debtor(s):

Frank A Horzen Represented By Paul Y Lee

Joint Debtor(s):

Barbara A Horzen Represented By Paul Y Lee

Movant(s):

Wilmington Trust Company Represented By April Harriott

Matthew R. Clark III Sean C Ferry Theron S Covey Eric P Enciso

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:17-10772


Neil Gary Moon and Mary Laura Moon


Chapter 13


#2.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 77825 Delaware Place, Palm Desert, California 92260


MOVANT: DEUTSCHE BANK NATIONAL TRUST COMPANY


EH     


Docket 57


Tentative Ruling:

7/21/20


Service: Proper Opposition: None


The Court is inclined to:


-GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1)

-GRANT waiver of Rule 4001(a)(3) stay

-GRANT requests under ¶¶ 2 and 3

-DENY request for relief from § 1301 co-debtor stay because it does not appear that the motion was served on any "co-debtor"

-DENY alternative request under ¶ 13 as moot.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

Debtor(s):

Neil Gary Moon Represented By Jenny L Doling

Joint Debtor(s):

Mary Laura Moon Represented By

11:00 AM

CONT...


Movant(s):


Neil Gary Moon and Mary Laura Moon

Jenny L Doling


Chapter 13

DEUTSCHE BANK NATIONAL Represented By

April Harriott Keith Labell Theron S Covey Eric P Enciso Sean C Ferry

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:18-20539


Jimmie Dale Montezuma and Jovita Arzate Montezuma


Chapter 7


#3.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 11488 VIA MONTE, FONTANA CA 92337


MOVANT: U.S. BANK NATIONAL ASSOCIATION


EH     


Docket 82

*** VACATED *** REASON: CONTINUED TO 9/29/20 AT 11:00 A.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jimmie Dale Montezuma Represented By Michael E Clark

Joint Debtor(s):

Jovita Arzate Montezuma Represented By Michael E Clark

Movant(s):

U.S. Bank National Association Represented By Sean C Ferry Eric P Enciso

Trustee(s):

Howard B Grobstein (TR) Represented By David Seror

Jessica L Bagdanov

11:00 AM

6:19-10273


Maisha Lenette Ghant-Elie


Chapter 13


#4.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 3974 Quartzite Ln., San Bernardino, California 92407-0420


MOVANT: US BANK NATIONAL ASSOCIATION


EH         


Docket 82


Tentative Ruling:

7/21/20


Service: Proper Opposition: Yes


The Court is inclined to:


-GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1)

-GRANT waiver of Rule 4001(a)(3) stay

-GRANT requests under ¶¶ 2 and 3

-DENY request for relief from § 1301 co-debtor stay because it does not appear that the motion was served on any "co-debtor"

-DENY alternative request under ¶ 13 as moot.


APPEARANCES REQUIRED.

Party Information

Debtor(s):

Maisha Lenette Ghant-Elie Represented By John F Brady

Movant(s):

U.S. Bank National Association Represented By Sean C Ferry

11:00 AM

CONT...


Trustee(s):


Maisha Lenette Ghant-Elie


Natalie E Lea


Chapter 13

Rod Danielson (TR) Pro Se

11:00 AM

6:19-10564


Fermisa Ong Yang


Chapter 13


#5.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1113 Newlee St, Monterey Park, CA 91754


MOVANT: NATIONSTAR MORTGAGE LLC


EH     


Docket 43

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 6/26/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Fermisa Ong Yang Represented By Ivan Trahan

Movant(s):

Nationstar Mortgage LLC d/b/a Mr. Represented By

Katherine S Walker

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-12219


Michael Lawrence Ricks and Debra Jean Ricks


Chapter 13


#6.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1073 Hisse Drive, San Jacinto, CA 92583


MOVANT: U.S. BANK NATIONAL ASSOCIATION


EH     


Docket 35

*** VACATED *** REASON: STIPULATED ORDER ENTERED 7/20/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Michael Lawrence Ricks Represented By

Richard Komisars III

Joint Debtor(s):

Debra Jean Ricks Represented By

Richard Komisars III

Movant(s):

U.S. Bank National Association as Represented By

Nancy L Lee Joseph C Delmotte

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-15980


Jonathon Keith Stoner and Jacqueline Belinda Stoner


Chapter 13


#7.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 35427 Mahogany Glen Drive, Winchester, California 92596


MOVANT: BAYVIEW LOAN SERVICING , LLC


EH     


Docket 40

*** VACATED *** REASON: CONTINUED TO 8/25/20 AT 11:00 AM

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jonathon Keith Stoner Represented By Sundee M Teeple

Joint Debtor(s):

Jacqueline Belinda Stoner Represented By Sundee M Teeple

Movant(s):

Bayview Loan Servicing, LLC Represented By

Dane W Exnowski Joseph C Delmotte

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-16809


Josephine H Holguin


Chapter 13


#8.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 15230 Lindhall Way, Whittier, California 90604


MOVANT: DEUTSCHE BANK NATIONAL TRUST COMPANY


EH     


Docket 44


Tentative Ruling:

7/21/20


Service: Proper Opposition: Late

Parties to apprise Court of adequate protection discussions, if any. APPEARANCES REQUIRED.

Party Information

Debtor(s):

Josephine H Holguin Represented By Richard L Barrett

Movant(s):

Deutsche Bank National Trust Represented By Bonni S Mantovani

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-19255


Kimberley D Blevins


Chapter 13


#9.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 7442 Pheasant Run Road, Riverside, CA 92509


MOVANT: NEWREZ LLC dba SHELLPOINT MORTGAGE SERVICING


EH     


Docket 36


Tentative Ruling:

7/21/20


Service: Proper Opposition: Yes


The Court is inclined to:

Parties to apprise Court of status of adequate protection discussions. APPEARANCES REQUIRED.

Party Information

Debtor(s):

Kimberley D Blevins Represented By Christopher J Langley Michael Smith

Movant(s):

NewRez LLC d/b/a Shellpoint Represented By Christopher Giacinto James F Lewin

11:00 AM

CONT...

Trustee(s):


Kimberley D Blevins


Chapter 13

Rod Danielson (TR) Pro Se

11:00 AM

6:19-20612


James Olin Gardner and Karen Rose Gardner


Chapter 13


#10.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 16601 McPherson Avenue, Lake Elsinore, CA 92530


MOVANT: WILMINGTON SAVINGS FUND SOCIETY, FSB


From: 5/26/20 EH     

Docket 36

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 5/28/20

Tentative Ruling:

5/26/20


Service: Proper Opposition: Yes

Parties to apprise Court of status of arrears, if any. APPEARANCES REQUIRED.

Party Information

Debtor(s):

James Olin Gardner Represented By Marcus Gomez

Joint Debtor(s):

Karen Rose Gardner Represented By Marcus Gomez

Movant(s):

Wilmington Savings Fund Society, Represented By

11:00 AM

CONT...


Trustee(s):


James Olin Gardner and Karen Rose Gardner

Erin M McCartney Mark S Krause


Chapter 13

Rod Danielson (TR) Pro Se

11:00 AM

6:20-13509


Esperanza Garcia


Chapter 7


#11.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2017 Chevrolet Cruze, VIN: 1G1BC5SM1H7237086


MOVANT: AMERICREDIT FINANCIAL SERVICES


EH     


Docket 10


Tentative Ruling:

7/21/20


Service: Proper Opposition: None


The Court is inclined to:


-GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1)

-GRANT waiver of Rule 4001(a)(3) stay

-GRANT requests under ¶ 2

-DENY alternative request under ¶ 11 as moot.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

Debtor(s):

Esperanza Garcia Represented By Fred Edwards

Movant(s):

AmeriCredit Financial Services, Inc. Represented By

Sheryl K Ith

11:00 AM

CONT...

Trustee(s):


Esperanza Garcia


Chapter 7

Karl T Anderson (TR) Pro Se

11:00 AM

6:20-13610


Christa Teresa McCarthy


Chapter 7


#12.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2016 Ford Fusion, VIN: 3FA6P0G78GR268514


MOVANT: FORD MOTOR CREDIT COMPANY LLC


EH     


Docket 9


Tentative Ruling:

7/21/2020


Service is Proper Opposition: None


11 U.S.C. § 362(h)(1)(A) provides:


(h)(1) In a case in which the debtor is an individual, the stay provided by subsection (a) is terminated with respect to personal property of the estate or of the debtor securing in whole or in part a claim, or subject to an unexpired lease, and such personal property shall no longer be property of the estate if the debtor fails within the applicable time set by section 521(a)(2) –

(A) to file timely any statement of intention required under section 521(a)(2) with respect to such personal property or to indicate in such statement that the debtor will either surrender such personal property or retain it and, if retaining such personal property, either redeem such personal property pursuant to section 722, enter into an agreement of the kind specified in section 524(c) applicable to the debt secured by such personal property, or assume such unexpired lease pursuant to section 365(p) if the trustee does not do so, as

11:00 AM

CONT...


Christa Teresa McCarthy

applicable; and


Chapter 7


(emphasis added). Here, Debtor’s statement of intention does not address the subject collateral. The deadline for filing or amending the statement of intention having passed pursuant to 11 U.S.C. § 521(a)(2) (A), the automatic stay has terminated as a matter of law. Therefore, the Court is inclined to DENY the motion as MOOT.


APPEARANCES REQUIRED.

Party Information

Debtor(s):

Christa Teresa McCarthy Represented By Neil R Hedtke

Movant(s):

Ford Motor Credit Company LLC Represented By

Sheryl K Ith

Trustee(s):

Karl T Anderson (TR) Pro Se

2:00 PM

6:17-15816


Integrated Wealth Management Inc


Chapter 11

Adv#: 6:19-01177 Issa v. Pisano


#13.00 CONT Status Conference RE: [1] Adversary case 6:19-ap-01177. Complaint by

J. Michael Issa against Anthony Pisano. (13 (Recovery of money/property - 548 fraudulent transfer)) (Ignatuk, Joseph)


From: 2/25/20, 4/28/20, 6/9/20 EH     

Docket 1

*** VACATED *** REASON: CONTINUED TO 8/25/20 AT 2:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Integrated Wealth Management Inc Represented By

Andrew B Levin Robert E Opera Jim D Bauch

Defendant(s):

Anthony Pisano Represented By Scott P Schomer

Plaintiff(s):

J. Michael Issa Represented By Joseph R Ignatuk

2:00 PM

6:19-21185


Sunyeah Group Corporation


Chapter 11


#14.00 CONT Motion to Convert Case From Chapter 11 to 7 From: 6/30/20

Also #15 EH     

Docket 110

*** VACATED *** REASON: CONTINUED TO 9/1/20 AT 2:00 P.M.

Tentative Ruling:

6/30/20


BACKGROUND:


On December 30, 2019 (hereinafter the "Petition Date"), Sunyeah Group Corporation, a California Corporation (hereinafter "SGC"), filed a Chapter 11 voluntary petition. SGC is operating its business, managing its affairs, and administering its estate as a debtor-in-possession pursuant to 11 U.S.C. §§ 1107 and 1108. SGC is a manufacturer of, among other things, annealed, customized, and tempered glass. Dkt. No. 10, Pg. 2.

Kippartners, L.P. (hereinafter "KLP") is the owner of the industrial building located at 930 Wanamaker Avenue, Ontario, California (hereinafter the "Industrial Building"). Claim 14-1. By its motion, KLP seeks conversion of Debtor’s case to Chapter 7.


ANALYSIS:


"On request of a party in interest…the court shall convert a case under this chapter to a case under chapter 7 or dismiss a case under this chapter, whichever is in the best interests of creditors and the estate for cause…" 11 U.S.C. § 1112(b)(1) (emphasis added). Kippartners has standing as a creditor to initiate such a motion. 7

2:00 PM

CONT...


Sunyeah Group Corporation


Chapter 11

Collier on Bankruptcy ¶ 112.04[1] (Richard Levin & Henry J. Sommer eds., 16th ed.) (stating that a party in interest set forth in 11 U.S.C. 1109 includes "creditors, a creditors’ committee, equity security holder and an equity security holder committee, and indenture trustee, as well as a trustee and the debtor.").


Under 11 U.S.C. § 1112(b)(4), the Bankruptcy Code contains sixteen examples of what constitute cause for conversion or dismissal. The list is not exhaustive. In re Ameribuild Constr. Mgmt., Inc., 399 B.R. 129, 131 n. 3 (Bankr. S.D.N.Y. 2009) (stating that "the list contained in 1112(b) is not exhaustive. The Court will be able to consider other factors as they arise, and to use its equitable powers to reach an appropriate result in individual cases.").


Furthermore, the standard to prove "cause" is by a preponderance of the evidence. In re Corona Care Convalescent Corp., 527 B.R. 379, 382 (Bankr. C.D. Cal. 2015). "The definition of a preponderance of evidence is evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence which as a whole shows that that the fact sought to be proved is more probable than not." In re Cooper, 2012 Bankr. Lexis 6119, *6 (Bankr. E. D. Cal. 2012).


Here the Court is inclined to find "cause" exists to convert the Debtor’s case to one under Chapter 7 pursuant to 11 U.S.C. § 1112(b)(1) under a totality analysis for the following primary reasons, explained in greater detail below:


  1. Debtor has no business operations (on petition date or currently) and no possibility of future business operations;


  2. Debtor has no employees (on petition date or currently);


  3. Debtor’s assets on petition date were comprised of only personal property located at debtor’s former business premises, and allegedly certain accounts receivable, and Debtor’s assets currently consist of approximately $700,000 in cash and allegedly certain accounts receivable (with significant amounts of

    2:00 PM

    CONT...


    Sunyeah Group Corporation

    administrative expenses having already been accrued by Debtor’s counsel and likely KLP);


    Chapter 11


  4. Liens in favor of Debtor’s principals were perfected 12 days before the petition date but not set aside by current principals, notwithstanding request by Movant, until 6 months after the case was filed and 4 days after Movant filed its motion to dismiss; and


  5. The principals’ liens were not listed in the Statement of Financial Affairs, notwithstanding that Debtor was clearly aware of them when the SOFA was filed, having specifically referenced them in a prior stipulation for use of cash collateral.


Given this conclusion, before turning to Debtor’s burden in opposing the motion and setting aside the issues regarding the principals, the Court first notes that one key practical question it is faced with in considering the motion is what alternative provides the most cost effective means of resolving the case: having a chapter 7 trustee administer the case with an additional layer of administrative expenses, or having Debtor’s counsel’s prosecute the case to conclusion, with an associated increase in counsel's fees and costs. It is impossible to conclusively evaluate the greater costs on this (or generally any) record, but the Court believes strongly that a disclosure statement and plan process will certainly be more expensive than a chapter 7 distribution, even net of Trustee counsel fees incurred getting up to speed, and given the facts above the Court cannot help but believe that there was no need for the greater expenses of a chapter 11 case on the petition date, or at this point, other than to protect the principals’ interests – protection that would be lost in a Chapter 7. Stated otherwise, it is this combination of factors: lack of confidence, based on principals' actions, in their ability to direct Debtor’s actions for the benefit of creditors, a relatively small and finite amount of estate assets shrinking daily by increasing administrative expenses, no hope of rehabilitation, and what the Court believes will be greater expenses continuing in a chapter 11 plan process where there is no need for one, that serves as "cause" to convert.

2:00 PM

CONT...


Sunyeah Group Corporation

Here simply no revival of the Debtor’s business, much less restructuring, will


Chapter 11

occur. This is simply now a garden-variety situation of mostly liquidated assets needing to marshaled by a trustee and distributed to creditors, with some di minimis ancillary activity, such as liquidating accounts receivable and resolving the asset ownership dispute, that can easily be performed by a trustee. Even the liquidation of assets earlier in the case was simply an sale of equipment, not any kind of ongoing business sale usually contemplated in the Chapter 11 liquidation.


Finding cause to convert, the Court turns to the Debtor’s burden to demonstrate unusual circumstances showing that conversion is not in the best interest of creditors or the estate. Ultimately, the Court is not persuaded that any unusual circumstances exist here.


In particular, there is no extensive learning curve for a Chapter 7 trustee in this case. There is no evidence that collecting accounts receivable and distributing cash in this case will be complicated. Plus the issues regarding asset ownership do not appear particularly extensive or complex. As an aside, the court approval of the cash collateral stipulation that includes the date that the principals’ lien recordation does not somehow bless or immunize the principals of their failure to disclose. It is simply not the Court’s burden to scrutinize cash collateral stipulations such as this for issues such as whether alleged liens are valid, much less preferential.


There appears to be some confusion in the briefing as to whether conversion was requested on the basis that the case was filed in bad faith, or on bad faith that exists currently, or otherwise. Ultimately, as noted above and otherwise for reasons stated in the moving papers, the Court simply finds uncontroverted cause to grant the motion, noting that a number of the elements in support of cause also serve as factors in a finding of bad faith.


As to the evidentiary objections filed by Debtor, the Court sustains all objections based on relevancy, except as to the last statement, which objection is overruled.


APPEARANCES REQUIRED.

2:00 PM

CONT...


Debtor(s):


Sunyeah Group Corporation

Party Information


Chapter 11

Sunyeah Group Corporation Represented By David B Golubchik Jeffrey S Kwong

Movant(s):

Kippartners, L.P. Represented By Sean A OKeefe

2:00 PM

6:19-21185


Sunyeah Group Corporation


Chapter 11


#15.00 CONT Motion To Allow and Compel Payment of Administrative Claim From: 6/9/20

Also #14 EH     

Docket 94

*** VACATED *** REASON: CONTINUED TO 9/1/20 AT 2:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Sunyeah Group Corporation Represented By David B Golubchik Jeffrey S Kwong

Movant(s):

Kippartners, L.P. Represented By Sean A OKeefe

2:00 PM

6:19-21185


Sunyeah Group Corporation


Chapter 11

Adv#: 6:20-01097 Sunyeah Group Corporation v. Kippartners, L.P.


#16.00 Motion to Dismiss Adversary Proceeding or Granting Abstention Also #17

EH     


Docket 4

*** VACATED *** REASON: CONTINUED TO 9/1/20 AT 2:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Sunyeah Group Corporation Represented By David B Golubchik Jeffrey S Kwong

Defendant(s):

Kippartners, L.P. Represented By Sean A OKeefe

Movant(s):

Kippartners, L.P. Represented By Sean A OKeefe

Plaintiff(s):

Sunyeah Group Corporation Represented By David B Golubchik Jeffrey S Kwong

2:00 PM

6:19-21185


Sunyeah Group Corporation


Chapter 11

Adv#: 6:20-01097 Sunyeah Group Corporation v. Kippartners, L.P.


#17.00 Status Conference RE: [1] Adversary case 6:20-ap-01097. Complaint by Sunyeah Group Corporation against Kippartners, L.P.. (Charge To Estate -

$350.00). Complaint For: (1) Declaratory Relief; (2) Avoidance of Preferential Transfers Pursuant to 11 U.S.C. § 547; (3) Avoidance of Fraudulent Transfers Pursuant to 11 U.S.C. § 548; (4) Avoidance of Post-Petition Transfers Pursuant to 11 U.S.C. § 549; (5) Recovery of Value of Avoidable Transfers Pursuant To 11 U.S.C. § 550; (6) Turnover of Security Deposit Pursuant To 11 U.S.C. § 542; and (7) Disallowance of Claim Pursuant to 11 U.S.C. § 502(d) Nature of Suit: (11 (Recovery of money/property - 542 turnover of property)),(12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)),(91 (Declaratory judgment))(Kwong, Jeffrey)


Also #16 EH     

Docket 1

*** VACATED *** REASON: CONTINUED TO 9/1/20 AT 2:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Sunyeah Group Corporation Represented By David B Golubchik Jeffrey S Kwong

Defendant(s):

Kippartners, L.P. Represented By Sean A OKeefe

Plaintiff(s):

Sunyeah Group Corporation Represented By

2:00 PM

CONT...


Sunyeah Group Corporation


David B Golubchik Jeffrey S Kwong


Chapter 11

2:00 PM

6:18-16908


Visiting Nurse Association of the Inland Counties


Chapter 11


#18.00 Motion of the Debtor and Debtor-in-Possession for Order Approving Addendum to Management Agreement; Memorandum of Points and Authorities; Declarations of Adam Meislik; Jay Walia and David M. Goodrich in Support


Also #19 EH         

Docket 650


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Visiting Nurse Association of the Represented By

David M Goodrich Beth Gaschen Jennifer Vicente Ryan W Beall Steven T Gubner Jason B Komorsky

Movant(s):

Visiting Nurse Association of the Represented By

David M Goodrich David M Goodrich Beth Gaschen Beth Gaschen Jennifer Vicente Jennifer Vicente Ryan W Beall Ryan W Beall Steven T Gubner

2:00 PM

CONT...


Visiting Nurse Association of the Inland Counties

Steven T Gubner Jason B Komorsky Jason B Komorsky


Chapter 11

2:00 PM

6:18-16908


Visiting Nurse Association of the Inland Counties


Chapter 11


#19.00 CONT Re Status Conference - Motion For Sale of Property of the Estate under Section 363(b) - No Fee Motion for Order: (1) Approving Asset Purchase Agreements and Authorizing Sale of Debtor's Assets Free and Clear of Liens, Claims and Interests Pursuant to 11 U.S.C. § 363(b) and (f); (2) Rejecting or Assuming and Assigning Certain Executory Contracts and Unexpired Leases;

(3) Approving Buyers, Successful Bidders, and Any Back-up Bidders as Good- Faith Purchasers Pursuant to 11 U.S.C. § 363(m); and (4) Authorizing Payment of Undisputed Liens and Other Ordinary Costs of Sale

HOLDING DATE


From: 6/30/20, 7/8/20, 7/9/20, 7/15/20, 7/16/20 Also #18

EH     


Docket 608

*** VACATED *** REASON: ORDER ENTERED 7/16/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Visiting Nurse Association of the Represented By

David M Goodrich Beth Gaschen Jennifer Vicente Ryan W Beall Steven T Gubner Jason B Komorsky

Movant(s):

Visiting Nurse Association of the Represented By

David M Goodrich David M Goodrich

2:00 PM

CONT...


Visiting Nurse Association of the Inland Counties

Beth Gaschen Beth Gaschen Jennifer Vicente Jennifer Vicente Ryan W Beall Ryan W Beall Steven T Gubner Steven T Gubner Jason B Komorsky Jason B Komorsky


Chapter 11

11:00 AM

6:19-11189


Mitchell C. Nelson


Chapter 7


#1.00 Notice of Trustee's Final Report and Applications for Compensation EH         

Docket 66

Tentative Ruling:


TENTATIVE RULING

7/22/20

Opposition: None Service: Proper


The application for compensation of the Trustee has been set for hearing on the notice required by LBR 2016-1. Pursuant to the Trustee’s Final Report, the application for payment of Counsel, and the application for payment of Accountant, the Court is inclined to APPROVE the following administrative expenses:


Trustee’s Fees:

$20,962.59

Trustee’s Expenses:

$377.21

Attorney’s Fees:

$46,230.50

Attorney’s Expenses:

$1,494.57

Accountant’s Fees:

$2,873.00

Accountant’s Expenses:

$47.04


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

11:00 AM

CONT...

Debtor(s):


Mitchell C. Nelson


Chapter 7

Mitchell C. Nelson Represented By Douglas A Plazak

Trustee(s):

Lynda T. Bui (TR) Represented By Leonard M Shulman Rika Kido

11:00 AM

6:18-20340


Brenda C Pantoja Gutierrez


Chapter 7


#2.00 Notice of Trustee's Final Report and Applications for Compensation EH     

Docket 23

Tentative Ruling:


TENTATIVE RULING

7/22/20

Opposition: None Service: Proper


The application for compensation of the Trustee has been set for hearing on the notice required by LBR 2016-1. Pursuant to the Trustee’s Final Report, the Court is inclined to APPROVE the following administrative expenses:


Trustee’s Fees: $581.50

Trustee’s Expenses: $112.00


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

Debtor(s):

Brenda C Pantoja Gutierrez Represented By Edgar P Lombera

Trustee(s):

Robert Whitmore (TR) Pro Se

11:00 AM

6:19-17633


DanL Patterson and Julia Patterson


Chapter 7


#3.00 Notice of Trustee's Final Report and Applications for Compensation EH     

Docket 39

Tentative Ruling:


TENTATIVE RULING

7/22/20

Opposition: None Service: Proper


The application for compensation of the Trustee has been set for hearing on the notice required by LBR 2016-1. Pursuant to the Trustee’s Final Report, the Court is inclined to APPROVE the following administrative expenses:


Trustee’s Fees: $1,306.27

Trustee’s Expenses: $385.56


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

Debtor(s):

DanL Patterson Represented By Alexander Pham

Joint Debtor(s):

Julia Patterson Represented By Alexander Pham

11:00 AM

CONT...

Trustee(s):


DanL Patterson and Julia Patterson


Chapter 7

Robert Whitmore (TR) Pro Se

11:00 AM

6:20-12497


Juan R. Garcia and Lorena I. Garcia


Chapter 7


#4.00 CONT Motion to Avoid Property Lien with Credit Acceptance Corporation From: 6/10/20, 7/1/20, 7/8/20

EH     


Docket 8


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Juan R. Garcia Represented By Keith Q Nguyen

Joint Debtor(s):

Lorena I. Garcia Represented By Keith Q Nguyen

Movant(s):

Juan R. Garcia Represented By Keith Q Nguyen Keith Q Nguyen Keith Q Nguyen

Lorena I. Garcia Represented By Keith Q Nguyen Keith Q Nguyen

Trustee(s):

Larry D Simons (TR) Pro Se

11:00 AM

6:19-17188


Fernando Aleman


Chapter 7


#5.00 Trustee's Motion to Dismiss Case and Vacate Discharge if Previously Entered EH     

Docket 19

Tentative Ruling:

7/22/20


BACKGROUND:


On August 15, 2019 (hereinafter the "Petition Date"), Fernando Aleman (hereinafter "Debtor") filed a Chapter 7 voluntary petition. Robert S. Whitmore was appointed and acted as the Chapter 7 Trustee.


Pursuant to 11 U.S.C. § 341(a), a meeting of the creditors was schedule for September 17, 2019. Debtor attended the meeting where a few inconsistencies arose: (1) Debtor provided identification showing his last name to be ‘Zamora,’ not ‘Aleman,’ and (2) Debtor’s Statement of Affairs listed his income in excess of $132,000 for 2018 and

$143,00 for 2017, not consistent with his monthly income of $6,500 listed on his Schedule I. Dkt. No. 20, Decl. of Robert S. Whitmore; Dkt. No. 1, Statement of Income; Dkt. No. 1, Statement of Affairs.


Debtor admitted that his income listed on his Statement of Income as being incorrect. Dkt. No. 20, Decl. of Robert S. Whitmore, Par. 4. The meeting of the creditors was continued to October 21, 2019, for the Debtor to add ‘Zamora’ to the subline ‘all other names you have used in the last 8 years’ and amend Schedule I and the Means Test to reflect his correct income. Id. at Par. 6.


Debtor added his last name to his petition and amended his Schedule I and his Means Test. Nonetheless, the discrepancies persisted. Debtor listed his Schedule I’s payroll tax deduction to be $3,550.06 per month and Means Test’s payroll tax deduction to be

$3,467.00 per month. Id. at Par 7. Debtor’s pay vouchers show Medicare and Social Security withholding in the amount of $5,936.00 year to date, which was about

11:00 AM

CONT...


Fernando Aleman


Chapter 7

$1,400.00 less than the amount listed in his petition.


Yet again, the meeting of the creditors was continued to November 19, 2019, so either Debtor could amend his petition to resolve the discrepancies or Debtor could provide documents to support the figures in his amended Schedule I and Means Test. Id. at 11. Debtor appeared at the meeting of the creditors held on November 19, 2019.

However, he neither provided any documents to support his figures in his amended Schedule I and Means Test nor filed any amendments to his Schedule I or Means Test.


Subsequently, there were three more continuation of the meeting of the creditors. At each meeting, the Debtor either failed to appear or failed to provide documents supporting his figures or amending his Schedule I or Means Test. The Chapter 7 Trustee now files this motion to dismiss Debtor’s case because pursuant to 11 U.S.C.

§ 707 and has requested a bar from filing under 11 U.S.C. § 109(g).


ANALYSIS:


This Court finds cause for dismissal under the express provision of 11 U.S.C. § 707(a)

  1. — "unreasonably delay by the debtor that is prejudicial to creditors." The Debtor’s delay in producing the requested documents or making amendments to his Schedule I and his Means Test was unreasonable. Even after six adjourned meetings of the creditors, spanning roughly about twenty-five weeks, Debtor still failed to provide the information necessary for him to be fully examined.


    Furthermore, under 11 U.S.C. § 109(g), the Court can bar the Debtor from filing a petition under this Title for 180 days if the Debtor is found to have willfully failed to appear or comply with a court order. The Bankruptcy Code does not define the term ‘willful.’ Courts, nonetheless, have "consistently held ‘willful’ to mean ‘deliberate,’ ‘intentional disregard,’ or ‘plain indifference.’" In re Williams, 2012 Bankr. Lexis 5452, *4 (Bankr. D. Ala., 2012) quoting In re Nix, 217 B.R. 237, 238-239 (Bankr.

    W.D. Tenn. 1998).


    A debtor’s failure to timely file required documents can warrant a finding of willful failure to comply with the court’s order. Id. In this case, such finding is warranted. After the Debtor was told what he needed to do, to either provide supporting documents for his figures or amend his Schedule I and Means Test, Debtor failed to do either when he decided to make an appearance, if at all, to the meetings of the

    11:00 AM

    CONT...


    Fernando Aleman


    Chapter 7

    creditors.


    Furthermore, pursuant to LBR 9013-1(h), if a party does not timely file and serve documents, the Court may deem this to be consent to the granting or denial of the motion. Debtor has not responded to this motion.


    TENTATIVE RULING


    In this case, denial of a discharge would require an adversary proceeding. Since no discharge has been entered, however, that request in the motion is moot, and thus, the motion GRANTED and the case is dismissed pursuant to 11 U.S.C. § 707(a)(1) and a 180-day bar takes effect pursuant to 11 U.S.C. § 109(g)(1).


    APPEARANCES REQUIRED.



    Party Information

    Debtor(s):

    Fernando Aleman Represented By Bruno Flores

    Movant(s):

    Robert Whitmore (TR) Pro Se

    Trustee(s):

    Robert Whitmore (TR) Pro Se

    11:00 AM

    6:18-20539


    Jimmie Dale Montezuma and Jovita Arzate Montezuma


    Chapter 7


    #6.00 Motion to Sell Property of the Estate Free and Clear of Liens under Section 363(f) Motion to: (1) Approve Sale of Real Property Free and Clear of All Liens, Interests, Claims, and Encumbrances With Such Liens, Interests, Claims, and Encumbrances to Attach to Proceeds Pursuant to 11 U.S.C. §§ 363(b) and (f);

  2. Approve Overbid Procedures; and (3) Determine That Buyer is Entitled to Protection Pursuant to 11 U.S.C. § 363(m); Declarations of Howard Grobstein and Darren Hubert in Support Thereof. (Bagdanov, Jessica)


EH     


Docket 85

Tentative Ruling:

7/22/20

BACKGROUND:


  1. Notice


    Notice was timely and effective. Notice to all creditors, as required by FRBP 2002(a)(2), was fulfilled. Notice on the Court’s website, as required by LBR

    6004-1(f), was proper.


  2. Background


    On December 17, 2018 (hereinafter the "Petition Date"), Jimmie Dale Montezuma (hereinafter "Debtor") and Jovita Arzate Montezuma (hereinafter "Joint Debtor") (collectively hereinafter "Debtors) filed a Chapter 7 voluntary petition.

    Howard Grobstein was appointed and has acted as the Chapter 7 Trustee for this petition. Debtors, as part of their commencement document, listed a property located

    11:00 AM

    CONT...


    Jimmie Dale Montezuma and Jovita Arzate Montezuma


    Chapter 7

    at 11488 Via Monte Fontana, California 92336 (hereinafter the "Property").


  3. Brief Summary of Motion/Opposition/Reply


    In his attempt to maximize the value of the Estate, Howard Grobstein, has filed this motion to seeking the Court’s approval to sell the Property to William A. Cruz, Andy W. Cruz and Mathew I. Cruz (collectively hereinafter the "Buyers") pursuant to terms and conditions set forth in the California Residential Purchase Agreement, Joint Escrow Instructions, Trustee’s addendum and all amendments1.


    The Buyers are willing to purchase the property from the Debtors for

    $450,000.00. The Buyers made an initial deposit of $13,500.00, which has been entrusted to A&A Escrow Services, Inc.


    Howard Grobstein, via this motion, is also seeking (1) authorization to sell the Property to the Buyers or to a successful bidder free and clear of all liens, claims, interests, and encumbrances, with such liens, claims, interest, and encumbrances to attach to the sale proceeds, net of expenses of sale, with the same priority and rights of enforcement as previously existed pursuant to 11 U.S.C. §§ 363(b) and 363(f);


    1. authorization to execute any and all documents that may be necessary or convenient to consummate the sale;


    2. authorization to sell the Property to the Buyers or a successful bidder on the terms and conditions set forth herein, on an "as-is," "where-is," and "with-all-faults" basis without any warranties, expressed or implied, and without any contingencies, without any representations or warranties by the Trustee;


    3. authorization of the payment through escrow of the amounts asked for;


    4. approval of the proposed Bidding Procedures for the sale of the Property;


    5. finding that the Buyers or a successful bidder is a good faith purchaser of the Property pursuant to 11 U.S.C. § 363(m); and

      11:00 AM

      CONT...


      Jimmie Dale Montezuma and Jovita Arzate Montezuma


      Chapter 7

    6. waiver of the fourteen-day stay provided by FRBP 6004(h).


    U.S. Bank, N.A., first priority deed of trust beneficiary of the Property, does not oppose the motion because it provides for its lien being paid in full through escrow. Dkt. No. 91.


  4. Legal Authority


    11 U.S.C. § 363(b)(1)


    The trustee, after notice and a hearing, may use, sell, or lease, other than in the ordinary course of business, property of the estate . . .


    11 U.S.C. § 363(f)


    The trustee may sell property under subsection (b) or (c) of this section free and clear of any interest in such property of an entity other than the estate, only if--


    . . .


    1. such entity consents


    2. such interest is a lien and the price at which such property is to be sold is greater than the aggregate value of all liens on such property;

      11:00 AM

      CONT...


      Jimmie Dale Montezuma and Jovita Arzate Montezuma


      Chapter 7


    3. such interest is in bona fide dispute; or


      . . .


      11 U.S.C. § 363(m)


      The reversal or modification on appeal of an authorization under subsection (b) or (c) of this section of a sale or lease of property does not affect the validity of a sale or lease under such authorization to an entity that purchased or leased such property in good faith, whether or not such entity knew of the pendency of the appeal, unless such authorization and such sale or lease were stayed pending appeal.


      FRBP 6004


      1. Notice of proposed use, sale, or lease of property


        Notice of a proposed use, sale, or lease of property, other than cash collateral, not in the ordinary course of business shall be given pursuant to Rule 2002(a)(2), (c)(1), (i), and (k) and, if applicable, in accordance with § 363(b)(2) of the Code.


      2. Objection to proposal

        11:00 AM

        CONT...


        Jimmie Dale Montezuma and Jovita Arzate Montezuma


        Chapter 7

        Except as provided in subdivisions (c) and (d) of this rule, an objection to a proposed use, sale, or lease of property shall be filed and served not less than seven days before the date set for the proposed action or within the time fixed by the court. An objection to the proposed use, sale, or lease of property is governed by Rule 9014.


      3. Sale free and clear of liens and other interests


    A motion for authority to sell property free and clear of liens or other interests shall be made in accordance with Rule 9014 and shall be served on the parties who have liens or other interests in the property to be sold. The notice required by subdivision (a) of this rule shall include the date of the hearing on the motion and the time within which objections may be filed and served on the debtor in possession or trustee.


    . . .


    1. Conduct of sale not in the ordinary course of business


      1. Public or private sale


    All sales not in the ordinary course of business may be by private sale or by public auction. Unless it is impracticable, an itemized statement of the property sold, the name of each purchaser, and the price received for each item or lot or for the property as a whole if sold in bulk shall be filed on completion of a sale. If the property is sold by an auctioneer, the auctioneer shall file the statement, transmit a copy thereof to the United States trustee, and furnish a copy to the trustee, debtor in possession, or chapter 13 debtor. If the property is not sold by an auctioneer, the trustee, debtor in possession, or chapter 13 debtor shall file the statement and transmit a copy thereof to

    11:00 AM

    CONT...


    Jimmie Dale Montezuma and Jovita Arzate Montezuma


    Chapter 7

    the United States trustee.


    . . .


    (h) Stay of order authorizing use, sale, or lease of property


    An order authorizing the use, sale, or lease of property other than cash collateral is stayed until the expiration of 14 days after entry of the order, unless the court orders otherwise.


    LBR 6004-1


    (a) General. The requirements of LBR 9013-1 through LBR 9013-4 apply to a motion for an order establishing procedures for the sale of estate assets and a motion seeking authorization to sell, use or lease estate property, except as provided by this rule.


    . . .


    1. Motion for Order Authorizing the Sale of Estate Property.


      1. General. Unless otherwise ordered by the court and subject to FRBP 6003(b), an order authorizing the sale of estate property other than in the ordinary course of business may be obtained upon motion of the trustee or debtor in possession in a chapter 7, 11, or 12 case after notice and a hearing pursuant to LBR 9013-1(a) or after notice of opportunity for hearing under LBR9013-1(o)(1), except the following which must be set for hearing pursuant to LBR 9013-1(a):


        1. A sale of all or substantially all of the debtor’s assets in a case under chapter 11 or

          11:00 AM

          CONT...

          12; or


          Jimmie Dale Montezuma and Jovita Arzate Montezuma


          Chapter 7


        2. A sale of property that is either subject to overbid or concerning which the trustee or debtor in possession has been contacted by potential overbidders.


      2. Motion.


        1. A motion for an order authorizing the sale of estate property, other than in the ordinary course of business, must be supported by a declaration of the movant establishing the value of the property and that the terms and conditions of the proposed sale, including the price and all contingencies, are in the best interest of the estate.


        2. If the proposed sale is not subject to overbid, the declaration must include a certification that the movant has not been contacted by any potential overbidder and that, in the movant’s business judgment, there are no viable alternative purchasers.


        3. A memorandum of points and authorities is not required but may be filed in support of the motion.


      3. Notice of Hearing. If the motion is set for hearing pursuant to LBR 9013-1, the notice must state:


        1. The date, time, and place of the hearing on the proposed sale;


        2. The name and address of the proposed buyer;


        3. A description of the property to be sold;


        4. The terms and conditions of the proposed sale, including the price and all contingencies;


        5. Whether the proposed sale is free and clear of liens, claims or interests, or subject to them, and a description of all such liens, claims, or interests;

          11:00 AM

          CONT...


          Jimmie Dale Montezuma and Jovita Arzate Montezuma


          Chapter 7

        6. Whether the proposed sale is subject to higher and better bids;


        7. The consideration to be received by the estate, including estimated commissions, fees, and other costs of sale;


        8. If authorization is sought to pay a commission, the identity of the auctioneer, broker, or sales agent and the amount or percentage of the proposed commission to be paid;


        9. A description of the estimated or possible tax consequences to the estate, if known, and how any tax liability generated by the sale of the property will be paid; and


        10. The date by which an objection must be filed and served.


    . . .


    1. Publication of Notice of Sale of Estate Property. Whenever the trustee or debtor in possession is required to give notice of a sale or of a motion to sell property of the estate pursuant to FRBP 6004 and 2002(c), an additional copy of the notice and court- approved form F 6004-2.NOTICE.SALE, Notice of Sale of Estate Property must be submitted to the clerk at the time of filing for purposes of publication by the clerk on the court’s website.


  5. Analysis


    1. § 363(b)(1) Sale of Property of the Estate


      Howard Grobstein, acting in his capacity as the Chapter 7 Trustee, seeks to sell the Property for the purchase price of $450,000.00. Dkt. No. 85, Terms of Purchase Agreement. Buyers have deposited $13,500.00 to A&A Escrow Services, Inc. Id.

      Trustee, with Court’s approval, would pay the Broker a commission of six percent of

      11:00 AM

      CONT...


      Jimmie Dale Montezuma and Jovita Arzate Montezuma


      Chapter 7

      the purchase price and reimburse the Broker of utility costs incurred, estimated to be equal or less than $885.00. Id. A Chapter 7 Trustee, "after notice and a hearing, may use, sell, or lease, other than in the ordinary course of business, property of the estate." 11 U.S.C. § 363(b)(1). A bankruptcy court can authorize the sale of substantially all of the assets of the estate under 11 U.S.C. § 363(b) upon a proper showing that the sale is in the best interests of the estate, that there is a sound business purpose for the sale, and that it was proposed in good faith. In re 240 N. Brand Partners, Ltd., 200 B.R.

      653, 659 (9th Cir. BAP 1996); In re Wilde Horse Enterprises, Inc., 136 B.R. 830, 841

      (Bankr. C.D. Cal 1991); In re Lionel Corp., 722 F.2d 1063, 1070 (2nd Cir. 1983).


      In other words, the court must determine whether the proposed sale: (1) is fair and reasonable; (2) was adequately marketed; (3) was negotiated and proposed in good faith; (4) is being made to a purchaser proceeding in good faith; and (5) is an "arms-length" transaction. In re Wilde Horse Enterprises, Inc. at 841-42. The requirements of 11 U.S.C. § 363(b) were established to protect creditors’ interest in the assets of the estate. In re 240 N. Brand Partners, Ltd. at 659.


      1. Fair & Reasonable


        The Trustee’s proposed sale appears to be fair and reasonable. The Trustee has declared that such a sale would maximize the return to the Estate. Dkt. No. 85, Pg. 19. Trustee believes that net proceed benefit to the Estate would approximate $75,000.00. Id. After receiving seven offers, the Trustee submitted counteroffers on the two highest-and-best offers. The Buyers’ offer was the highest-and-best offer received on the property. Id.


      2. Adequately Marketed


        The Property appeared to be adequately marketed. The Broker listed the property on MLS, on Zillow.com, Realtor.com, and Redfin.com. Id. at 13. The Broker

        11:00 AM

        CONT...


        Jimmie Dale Montezuma and Jovita Arzate Montezuma


        Chapter 7

        provided over eight hundred 3D scan impressions of the Property, held twelve private showing of the Property, and received seven offers on the Property.


      3. Negotiated and Proposed in Good Faith


        The Trustee represents that the negotiations with Buyers were in good faith. Id.

        Howard Grobstein testifies that the Trustee has no prior relation to the Buyers nor does he know the Buyers prior to his involvement in this bankruptcy case. Id. at Decl. of Howard Grobstein.


        There is no contradictory evidence that the proposed sale was negotiated in bad faith, and this element appears to be satisfied.


      4. Purchaser in Good Faith


        There is no indication that Buyers are proceeding in anything other than good faith. There is no evidence to contradict this assertion. Thus, this element is satisfied.


      5. Arms-length Transaction


        The Trustee represents that negotiations with the Buyers were made at arms- length. Id. All of the available evidence appears to confirm that this was an arms- length transaction. There is no evidence to contradict his testimony; thus, this element is satisfied.

        11:00 AM

        CONT...


        Jimmie Dale Montezuma and Jovita Arzate Montezuma


        Chapter 7


    2. § 363(f) Sale Free and Clear of Liens


      1. §363(f)(3) – Sale Proceeds Exceed Liens


        The Trustee seeks to sell the Property free and clear of liens and encumbrances pursuant to 11 U.S.C. § 363(f)(3). Id. at 8. 11U.S.C. § 363(f)(3) provides that property of the estate can be sold free and clear of liens if the sales price is greater than the aggregate value of all of the liens on the property. 11 U.S.C. § 363(f)(3). According to the motion, the only claim secured by the Property is one held by U.S. Bank, and the Trustee anticipates paying this lien in full through escrow. U.S. Bank has filed a non- opposition to this motion.


    3. § 363(m) Good Faith Purchaser


      The Trustee requests a determination that Buyers are good-faith purchasers as defined in 11 U.S.C. § 363(m). Id. If a purchaser is a good-faith purchaser, then 11

      U.S.C. § 363(m) provides that a reversal or modification of the sale on appeal will not affect the validity of the purchaser's interest in the property. 11 U.S.C. § 363(m). A good-faith purchaser is defined under equitable principles as "one who buys in good faith and for value." In re Ewell, 958 F.2d 276, 281 (9th Cir. 1992). A lack of good faith is typically shown through "fraud, collusion between the purchaser and other bidders or the trustee, or an attempt to take grossly unfair advantage of other bidders." Id.


      Howard Grobstein declares that the discussions between himself and Buyers

      11:00 AM

      CONT...


      Jimmie Dale Montezuma and Jovita Arzate Montezuma


      Chapter 7

      were in good faith, without collusion, and at arms-length. Id. at 13. He states he had no relation to the Buyers nor did he know them prior to their involvement in this case. Id. There is no evidence indicating possible fraud or collusion. Buyers appear to be good-faith purchasers as contemplated by 11 U.S.C. § 363(m).


    4. Waiver of the 14-Day Stay


Finally, the Trustee requests a waiver of the 14-day stay provided for in FRBP 6004(h) in order to reduce the cost related to having an escrow opened. Id. at 10. It does appear that a waiver would be appropriate to allow the Trustee to close the escrow without incurring additional cost.


TENTATIVE RULING


Based on the reasons stated above, subject to overbidding at the hearing on the motion, the Court (1) approves the terms of the Purchase Agreement (2) authorizes the sale of the Property free and clear of all liens, claims, and encumbrances pursuant to 11 U.S.C. §§ 363(b) and (f); (3) authorizes the Trustee to execute any and all documents that may be necessary or convenient to consummate the sale; (4) authorizes the sale of the Property to Buyers or the successful bidder on the terms and conditions set forth in the motion; (5) authorizes the payment through escrow; (6) approves the proposed Bidding Procedures; and (6) finds the Buyers are good-faith purchasers of the Property pursuant to 11 U.S.C. § 363(m). The Court finds it prudent to hold any findings on the successful over bidder being a good-faith purchaser.


APPEARANCES REQUIRED.


Party Information

11:00 AM

CONT...

Debtor(s):


Jimmie Dale Montezuma and Jovita Arzate Montezuma


Chapter 7

Jimmie Dale Montezuma Represented By Michael E Clark

Joint Debtor(s):

Jovita Arzate Montezuma Represented By Michael E Clark

Movant(s):

Howard B Grobstein (TR) Represented By David Seror

Jessica L Bagdanov

Trustee(s):

Howard B Grobstein (TR) Represented By David Seror

Jessica L Bagdanov

11:00 AM

6:16-20298


Donald Sutcliffe


Chapter 7


#7.00 CONT Motion to Approve Compromise Under Rule 9019 with Internal Revenue Service on behalf of Canadian Revenue Agency


From: 7/1/20 EH     

Docket 102


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Donald Sutcliffe Represented By Scott Talkov

Movant(s):

John P Pringle (TR) Represented By

D Edward Hays David Wood Tinho Mang

Trustee(s):

John P Pringle (TR) Represented By

D Edward Hays David Wood Tinho Mang

11:00 AM

6:20-14339


Lorenzo Esguerra Tizon


Chapter 7


#8.00 Order to should cause why case should not be dismissed EH     

Docket 17

Tentative Ruling: 7/22/20

BACKGROUND


On June 23, 2020 ("Petition Date"), Lorenzo Esguerra Tizon (hereinafter "Debtor") filed a Chapter 7 voluntary petition. The commencement documents appear to be signed by someone other than Debtor, Romona Porras. No power attorney was presented to the Court.


Pursuant to 11 U.S.C. § 301, a petition under the Bankruptcy Code must be signed by the attorney of record or the party who is not represented by an attorney of record. Furthermore, if the Debtor is an infant or incompetent person, the petition may be signed by a representative, including a general guardian, committee, conservator or similar fiduciary, a next friend, or guardian ad litem. FBRP 1004.1.


The court may dismiss a case under Chapter 7 only after notice and a hearing and only for cause. 11 U.S.C. § 707(a). "The decision to dismiss a Chapter 7 case for cause rests within the sound discretion of the bankruptcy court." In re Innocenti, LLC, 2016 Bankr. Lexis 2337, *7 (Bankr. N.D. Cal. 2016) citing In re Hickman, 384 B.R. 832, 841 (B.A.P. 9th Cir. 2008). "If the bankruptcy filing was not authorized, there is cause to dismiss it." Id.


On June 25, 2020, The Court filed an order to show cause why this case should not be dismissed. Debtor’s counsel provided evidence that the individual who signed Debtor’s commencement document was his durable power of attorney, his sister, Romona Porras. Dkt. No. 23, Durable Power of Attorney.

11:00 AM

CONT...


Lorenzo Esguerra Tizon

In addition, Ms. Porras declared that Debtor had given her the power of


Chapter 7

attorney to handle his affairs. Dkt. No. 23, Decl. of Romona Tizon Porras. Debtor had given her authorization to file this petition. Id. She and Debtor gave Debtor’s counsel instruction to file the bankruptcy petition and schedules and to sign any needed documents or schedule on our behalf for the purpose of the bankruptcy. Id.


Unfortunately, Ms. Porras cannot visit the Debtor because his residence, located in a nursing home, has been locked down due to Covid-19. Id. However, she had been told that "he is still alive and his condition is stable." Id.



TENTATIVE RULING

Opposition: None Service: Proper


Debtor has met the preponderance of the evidence standard on why his case should not be dismissed.


APPEARANCES REQUIRED.


Party Information

Debtor(s):

Lorenzo Esguerra Tizon Represented By Sean Keshishyan

Trustee(s):

Robert Whitmore (TR) Pro Se

2:00 PM

6:15-14230


Home Security Stores, Inc.


Chapter 7

Adv#: 6:18-01213 Pringle v. JPMorgan Chase Bank, National Association dba Chas


#9.00 CONT Status Conference RE: [1] Adversary case 6:18-ap-01213. Complaint by John Pringle against JPMorgan Chase Bank, National Association dba Chase Bank, Chase Bank USA, National Association. (Charge To Estate - $350.00).

Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)) From: 1/9/19, 3/13/19, 6/5/19, 9/4/19, 11/6/19, 4/1/20, 5/13/20

EH     


Docket 1

*** VACATED *** REASON: ORDER DISMISSING ADVERSARY FILED 5/28/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Home Security Stores, Inc. Represented By Winfield S Payne III

Defendant(s):

JPMorgan Chase Bank, National Represented By

Christopher O Rivas

Chase Bank USA, National Represented By Christopher O Rivas

Plaintiff(s):

John Pringle Represented By

Robert P Goe

Trustee(s):

John P Pringle (TR) Represented By Robert P Goe

2:00 PM

CONT...


Home Security Stores, Inc.


Charity J Manee


Chapter 7

2:00 PM

6:19-12819


Nevin Riad


Chapter 7

Adv#: 6:20-01105 Frealy v. Riad


#10.00 Status Conference RE: [1] Adversary case 6:20-ap-01105. Complaint by Todd Frealy against Nevin Riad. (Charge To Estate - $350.00). (Attachments: # 1 Adversary Coversheet) Nature of Suit: (41 (Objection / revocation of discharge - 727(c),(d),(e))) (Pagay, Carmela)


EH     


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Nevin Riad Represented By

Daniel S March

Defendant(s):

Nevin Riad Pro Se

Plaintiff(s):

Todd Frealy Represented By

Carmela Pagay

Trustee(s):

Todd A. Frealy (TR) Represented By Carmela Pagay

2:00 PM

6:19-16470


Ana Rosa Lopez


Chapter 7

Adv#: 6:20-01104 Grobstein v. Torres


#11.00 Status Conference RE: [1] Adversary case 6:20-ap-01104. Complaint by Howard B Grobstein against Joshua Daniel Torres. (Charge To Estate -

$350.00). Complaint for: (1) Avoidance of Actual Fraudulent Transfer [11 U.S.C.

§ 548(a)(1)(A)]; (2) Avoidance of Constructive Fraudulent Transfer [11 U.S.C. § 548(a)(1)(B)]; and (3) Recovery of Avoided Transfer [11 U.S.C. §550] (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Madoyan, Noreen)


EH     


Docket 1

*** VACATED *** REASON: CONTINUED TO 10/28/20 AT 2:00 PM

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ana Rosa Lopez Represented By Raymond Perez

Defendant(s):

Joshua Daniel Torres Represented By Raymond Perez

Plaintiff(s):

Howard B Grobstein Represented By Noreen A Madoyan Meghann A Triplett

Trustee(s):

Howard B Grobstein (TR) Represented By Noreen A Madoyan

2:00 PM

6:19-17393


Gabriel Perez


Chapter 7

Adv#: 6:19-01163 O'Neil et al v. Perez et al


#12.00 CONT Status Conference RE: [1] Adversary case 6:19-ap-01163. Complaint by Michael O'Neil, Al Karlson, Dixie Karlson against Gabriel Perez, Janyn Perez. 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)) (McGuire, Edmond)


From: 1/29/20, 5/27/20 EH     

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Gabriel Perez Represented By Glen J Biondi

Defendant(s):

Gabriel Perez Represented By Glen J Biondi

Janyn Perez Represented By

Glen J Biondi

Joint Debtor(s):

Janyn Perez Represented By

Glen J Biondi

Plaintiff(s):

Michael O'Neil Represented By

Edmond Richard McGuire

2:00 PM

CONT...


Gabriel Perez


Chapter 7

Al Karlson Represented By

Edmond Richard McGuire

Dixie Karlson Represented By

Edmond Richard McGuire

Trustee(s):

Steven M Speier (TR) Pro Se

2:00 PM

6:20-11280


Phillip Carl Noble


Chapter 7

Adv#: 6:20-01103 Pavon-Arita v. Noble et al


#13.00 Status Conference RE: [1] Adversary case 6:20-ap-01103. Complaint by Jose Eduardo Pavon-Arita against Phillip Carl Noble. false pretenses, false representation, actual fraud)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)) (Bosse, Gregory)


EH     


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Phillip Carl Noble Represented By Todd L Turoci

Defendant(s):

Phillip Carl Noble Represented By Todd L Turoci

Juana Julian Noble Represented By Todd L Turoci

Joint Debtor(s):

Juana Julian Noble Represented By Todd L Turoci

Plaintiff(s):

Jose Pavon-Arita Represented By Gregory L Bosse

Trustee(s):

Robert Whitmore (TR) Pro Se

2:00 PM

CONT...


Phillip Carl Noble


Chapter 7

2:00 PM

6:20-13417


Eddie C. DeGracia, Jr.


Chapter 7

Adv#: 6:20-01106 Daff v. DeGracia


#14.00 Status Conference RE: [1] Adversary case 6:20-ap-01106. Complaint by Charles W. Daff against Satoko DeGracia. (Charge To Estate - $350.00). FOR:

  1. Avoidance of Intentional Fraudulent Transfers and Recovery of Same [11 U.S.C. §§ 544, 548, 550, 551; CAL. CIV. CODE §§ 3439.04, 3439.07, 3439.08];

  2. Avoidance of Constructive Fraudulent Transfers and Recovery of Same [11 U.S.C. §§ 544, 548, 550, 551; CAL. CIV. CODE §§ 3439.04, 3439.05, 3439.07, 3439.08, 3439.09]; 3. Disallowance of Claims [11 U.S.C. §502(d)]; 4. Unjust Enrichment [11 U.S.C. § 105]; 5. Declaratory Relief [11 U.S.C. §§ 541, 544, 548; FRBP 7001(9)]; and 6. Turnover of Property of the Estate [11 U.S.C. § 542] Nature of Suit: (01 (Determination of removed claim or cause)),(13 (Recovery of money/property - 548 fraudulent transfer)),(91 (Declaratory judgment)),(11 (Recovery of money/property - 542 turnover of property)) (Iskander, Brandon)


EH     


Docket 1

*** VACATED *** REASON: CONTINUED TO 8/19/20 AT 2:00 P.M.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Eddie C. DeGracia Jr. Represented By

James D. Hornbuckle

Defendant(s):

Satoko DeGracia Represented By Scott Talkov

Plaintiff(s):

Charles W. Daff Represented By Brandon J Iskander

2:00 PM

CONT...

Trustee(s):


Eddie C. DeGracia, Jr.


Chapter 7

Charles W Daff (TR) Represented By Brandon J Iskander

11:00 AM

6:20-11621


Walter Hunter, Jr


Chapter 13

Adv#: 6:20-01098 Janeke et al v. Hunter, Jr


#1.00 Status Conference RE: [1] Adversary case 6:20-ap-01098. Complaint by Charles Janeke against Walter Hunter Jr. (62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud))


EH     


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Walter Hunter Jr Represented By

James D. Hornbuckle

Defendant(s):

Walter Hunter Jr Represented By

James D. Hornbuckle

Plaintiff(s):

Charles Janeke Represented By

Joseph C Edmondson

1330 Ingraham Company, LLC Represented By

Joseph C Edmondson

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:15-19432


Kirk Eugene Frantz and Mary Elizabeth Frantz


Chapter 13


#2.00 CONT Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to modify plan or suspend plan payments


From: 7/2/20 Also #3

EH         


Docket 225


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Kirk Eugene Frantz Represented By Jenny L Doling

Joint Debtor(s):

Mary Elizabeth Frantz Represented By Jenny L Doling

Movant(s):

Kirk Eugene Frantz Represented By Jenny L Doling

Mary Elizabeth Frantz Represented By Jenny L Doling

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:15-19432


Kirk Eugene Frantz and Mary Elizabeth Frantz


Chapter 13


#3.00 CONT Trustee's Motion to Dismiss Case From: 5/14/20, 6/11/20, 7/2/20

Also #2 EH     

Docket 221


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Kirk Eugene Frantz Represented By Jenny L Doling

Joint Debtor(s):

Mary Elizabeth Frantz Represented By Jenny L Doling

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:17-20177


Randal Scott Oakley and Christine Ann Oakley


Chapter 13


#4.00 CONT Application for Compensation for Halli B Heston, Debtor's Attorney, Period: 12/20/2019 to 5/8/2020, Fee: $1786.00, Expenses: $166.71


From: 7/2/20 EH     

Docket 76


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Randal Scott Oakley Represented By Halli B Heston

Joint Debtor(s):

Christine Ann Oakley Represented By Halli B Heston

Movant(s):

Randal Scott Oakley Represented By Halli B Heston Halli B Heston Halli B Heston

Christine Ann Oakley Represented By Halli B Heston

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-13146


Mark G Swartz and Elizabeth M Swartz


Chapter 13


#5.00 CONT Order to show cause why Claimant, The Bank of New York Mellon, as Successor Indenture Trustee, and Servicer, Specialized Loan Servicing LLC, Claim 5 should not be reduced


From: 11/7/19, 12/19/19, 2/20/20, 4/16/20, 5/28/20


Also #6 & #7 EH     

Docket 52


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Mark G Swartz Represented By Joseph A Weber Fritz J Firman

Joint Debtor(s):

Elizabeth M Swartz Represented By Joseph A Weber Fritz J Firman

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-13146


Mark G Swartz and Elizabeth M Swartz


Chapter 13


#6.00 CONT Motion RE: Objection to Claim Number 5 by Claimant Specialized Loan Servicing LLC


From: 10/3/19, 11/7/19, 12/19/19, 2/20/20, 4/16/20, 5/28/20


Also #5 & #7 EH         

Docket 44

Tentative Ruling:

10/3/2019

BACKGROUND:

On April 15, 2019, Mark & Elizabeth Swartz ("Debtors") filed a Chapter 13 voluntary petition. On June 21, 2019, The Bank of New York Mellon f/k/a The Bank of New York as successor Indenture trustee to JPMorgan Chase Bank, National Association for CWHEQ Revolving Home Equity Loan Trust, Series 2006-F ("Creditor") filed a proof of claim for a secured claim in the amount of $157,959.06 ("Claim 5").

On July 10, 2019, Debtors filed an objection to Claim 5. Debtors argued that the information filed in support of Claim 5 is inadequate pursuant to the Federal Rules of Bankruptcy Procedure, and that, as a result, Creditor has failed to meet its burden of proof. At the hearing of August 22, 2019, the Court noted that there appeared to be an error on the proof of service which resulted in Creditor’s notice address being misstated. For that reason, the Court continued the matter for proper service.

11:00 AM

CONT...

Mark G Swartz and Elizabeth M Swartz

Chapter 13

On August 30, 2019, Debtors filed a renewed objection to Claim 5. The Court notes that notice and service are now proper.

APPLICABLE LAW:

Pursuant to 11 U.S.C. § 502(a), a proof of claim is deemed allowed unless a party in interest objects. Absent an objection, a proof of claim constitutes prima facie evidence of the validity and amount of the claim under Federal Rule of Bankruptcy Procedure ("FRBP") 3001(f). See Lundell v. Anchor Constr. Specialists, Inc., 223 F.3d 1035, 1039 (9th Cir. 2000). When a party files an objection to a proof of claim, that filing "creates a dispute which is a contested matter" within the meaning of FRBP 9014 and the Court must resolve the matter after notice and opportunity for hearing upon a motion for relief. Id.

When a creditor has filed a proof of claim that complies with the rules (thereby giving rise to the presumption of validity), the burden shifts to the objecting party who must "present evidence to overcome the prima facie case." In re Medina, 205 B.R. 216, 222 (9th Cir. B.A.P. 1996). To defeat the claim, the objecting party must provide sufficient evidence and "show facts tending to defeat the claim by probative force equal to that of the allegations of the proofs of claim themselves." Lundell, 223 F.3d at 1039 (quoting In re Holm, 931 F.2d 620, 623 (9th Cir. 1991)). "The objector must produce evidence, which, if believed, would refute at least one of the allegations that is essential to the claim’s legal sufficiency." Lundell, 223 F.3d at 1040 (quoting In re Allegheny Int’l, Inc., 954 F.2d 167, 173-74 (3d Cir. 1992)). If the objecting party produces sufficient evidence to negate one or more of the sworn facts in the proof of claim, the burden reverts back to the claimant to prove the validity of the claim by a preponderance of the evidence. See In re Consol. Pioneer Mort, 178 B.R. 222, 226 (9th Cir. BAP 1995), aff’d, 91 F.3d 151 (9th Cir. 1996) (quoting Allegheny Int’l, 954 F.2d at 173-74). The ultimate burden of persuasion remains at all times on the

11:00 AM

CONT...

Mark G Swartz and Elizabeth M Swartz

Chapter 13

claimant. See Lundell, 223 F.3d at 1039; see also Holm, 931 F.2d at 623.

ANALYSIS:


11 U.S.C. § 502(b)(1) (2005) states:


    1. Except as provided in subsections (e)(2), (f), (g), (h) and (i) of this section, if such objection to a claim is made, the court, after notice and a hearing, shall determine the amount of such claim in lawful currency of the United States as of the date of the filing of the petition, and shall allow such claim in such amount, except to the extent that—


      1. such claim is unenforceable against the debtor and property of the debtor, under any agreement or applicable law for a reason other than because such claim is contingent or unmatured;


FED. R. BANKR. P. Rule 3001(c)(2) identifies certain required information that a claimant must attach to a proof of claim in order for the claim to be afforded prima facie validity. In particular, the Court notes that Rule 3001(c)(2)(A) and (C) provide requirements related to the itemization of non-principal amounts and escrow amounts, respectively.


The Court finds Debtors’ assertion that the supporting information is inadequate to be well-founded. The mortgage proof of claim attachment includes the following information. Part 2 identifies a principal balance of $98,982.98, interest due of

$55,486.25, and fees and costs of $3,489.83. Part 3 identifies a pre-petition arrears of

$87,692.60, of which $84,202.77 was principal and $3,489.83 was the aforementioned costs. And Part 4 asserts that the month payment includes $607.39 for principal and interest and $549.90 for escrow.

11:00 AM

CONT...


Mark G Swartz and Elizabeth M Swartz


Chapter 13


The two figures which do not appear to be justified in the supporting documentation are the $55,486.25 in interest and the $549.90 monthly payment for escrow. The Court notes that the loan payment history spreadsheet provided by Creditor does not contain any itemization for interest or escrow, and, furthermore, the entire column relating to accrued interest balance and accrued escrow balance is zeroed out.


Because Creditor has failed to separate principal, interest, and escrow, as directed by FED. R. BANKR. P. Rule 3001(c)(2), and, noting that Debtors have declared that there is no escrow account relating to the second mortgage, the Court is unable to determine the validity or amount of the prepetition default identified in column G of the loan payment history. The Court has also not been provided with any itemization or calculation of the interest amount, alleged to be $55,486.25.


As a result, the Court is inclined to reduce Claim 5 to $102,472.81, representing the principal balance and fees and costs due in part 2 of the loan payment history, with a prepetition arrearage amount of $0.


APPEARANCES REQUIRED.

Party Information

Debtor(s):

Mark G Swartz Represented By Joseph A Weber Fritz J Firman

Joint Debtor(s):

Elizabeth M Swartz Represented By Joseph A Weber Fritz J Firman

11:00 AM

CONT...

Movant(s):


Mark G Swartz and Elizabeth M Swartz


Chapter 13

Mark G Swartz Represented By Joseph A Weber Fritz J Firman

Elizabeth M Swartz Represented By Joseph A Weber Joseph A Weber Fritz J Firman Fritz J Firman

PYOD LLC Pro Se

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-13146


Mark G Swartz and Elizabeth M Swartz


Chapter 13


#7.00 CONT Confirmation of Chapter 13 Plan


From: 7/11/19, 8/22/19, 10/3/19, 11/7/19, 12/19/19, 2/20/20, 4/16/20, 5/28/20


Also #5 & #6 EH      

Docket 15


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Mark G Swartz Represented By Joseph A Weber Fritz J Firman

Joint Debtor(s):

Elizabeth M Swartz Represented By Joseph A Weber Fritz J Firman

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-20007


Chris Dennis and Ami Dennis


Chapter 13


#8.00 Motion to vacate dismissal Order of June 11, 2020, and Reinstate Case EH     

Docket 46

Tentative Ruling:

7/23/20

BACKGROUND


On November 13, 2019 (hereinafter "Petition Date"), Chris Dennis (hereinafter "Debtor") and Ami Dennis (hereinafter "Joint Debtor") (collectively hereinafter "Debtors") filed a Chapter 13 voluntary petition. On February 14, 2020, the Court confirmed the Chapter 13 plan for Debtors. Dkt. No. 31 After making the first monthly payment of $2,756.00, Debtors, pursuant to their plan, were required to pay

$2,925.00 for the next sixty months. Id. Pursuant to 11 U.S.C. § 1326(a), Debtors were aware that plan payments were due on the 13th day of each month. Dkt. No. 31; see also LBR 3015-1(k)(1)(A).


Debtors stated that they were current with their payments, but because of "an inadvertent typo, [they] forgot to put the proper case number down on [their] payment," the payments were returned to them. Dkt. No. 47, Decl. of Debtor in Support of Mot. to Vacate Dismissal Order of June 11, 2020, and Reinstate Case. In the Chapter 13 Trustee’s frequently asked questions posted on his website, the payment is delinquent unless it is "posted" to the correct case. FAQ. http://www.rodan13.com/index-4.html#Anchor-10749. The trustee’s counsel filed a motion to dismiss because of delinquent payments as the payments were returned to Debtors. Dkt. No. 38.


Debtors opposed the objection to the motion to dismiss their case. In their objection, Debtors allege that "because of an inadvertent typo, [they] forgot to put the

11:00 AM

CONT...


Chris Dennis and Ami Dennis


Chapter 13

proper case number down on [their] payment[s]." Dkt. No. 39, Decl. of Chris Dennis and Ami Dennis. Debtors, on June 5 and again on June 9, made payments totaling the delinquent amount. Dkt. No. 47, Decl. of Debtor in Support of Mot. to Vacate Dismissal Order of June 11, 2020, and Reinstate Case.


Nonetheless, "[i]f the Trustee has not posted the money to your case by the ‘action date’ stated on your motion, your case will be dismissed. FAQ. http://www.rodan13.com/index-4.html#Anchor-10749. That is what happened to Debtors. There resubmitted payments did not post until after the hearing date. Thus, their case was dismissed by the Court. Debtors now file this motion asking for the dismissal of their case be vacated due to inadvertence.


DISCUSSION



I. FRCP 60(b)(1)—Inadvertence


FED. R. CIV. P. Rule 60(b)(1) states:

  1. Grounds for Relief from a Final Judgment, Order, or Proceeding. On motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding for the following reasons:

    1. mistake, inadvertence, surprise, or excusable neglect


The word "inadvertence" embraces the effect of "inattention, the result of carelessness, oversight, mistake, or fault of negligence and the condition or character of being inadvertent, inattentive, or heedless." Tremont Trust Co. v. Burack, 235 Mass. 398, 402 (Mass. 1920); see also E. Grace Communs. V. Besttransport.com,

11:00 AM

CONT...


Chris Dennis and Ami Dennis


Chapter 13

Inc., 2002-Ohio-7175, *P18 (7th Cir. 2002) (stating that "inadvertence" is "a result of inattention.").


It appears that Debtors’ error was inadvertent. By forgetting to place the proper case number on their payments, it precipitated a dismissal that Debtors actively tried to countermand. Furthermore, this motion was filed within a reasonable amount of time, eighteen days.


TENTATIVE RULING



Debtors to confirm they have $5,850.00 to be tendered to the Trustee as well as Debtors’ 2019 State and Federal Tax Returns.


APPEARANCES REQUIRED.


Party Information

Debtor(s):

Chris Dennis Represented By

Christopher Hewitt

Joint Debtor(s):

Ami Dennis Represented By

Christopher Hewitt

Movant(s):

Chris Dennis Represented By

Christopher Hewitt

11:00 AM

CONT...


Chris Dennis and Ami Dennis


Chapter 13

Ami Dennis Represented By

Christopher Hewitt Christopher Hewitt

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-20280


Michael Brown and Robin Brown


Chapter 13


#9.00 Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to modify plan or suspend plan payments


Also #10 EH     

Docket 49


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Michael Brown Represented By Kevin Tang

Joint Debtor(s):

Robin Brown Represented By

Kevin Tang

Movant(s):

Michael Brown Represented By Kevin Tang

Robin Brown Represented By

Kevin Tang Kevin Tang

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-20280


Michael Brown and Robin Brown


Chapter 13


#10.00 CONT Trustee's Motion to Dismiss Case From: 7/2/20

Also #9 EH     

Docket 45


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Michael Brown Represented By Kevin Tang

Joint Debtor(s):

Robin Brown Represented By

Kevin Tang

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:15-20998


Eric Kissell


Chapter 13


#11.00 CONT Motion to Dismiss


From: 1/30/20, 3/12/20, 4/16/20 EH     

Docket 94

Tentative Ruling:

3/10/20


BACKGROUND:


On November 11, 2015 ("Petition Date"), Eric Kessell ("Debtor") filed for Chapter 13 voluntary petition. In his commencement documents, Debtor listed the Internal Revenue Service ("IRS") as an unsecured creditor having a claim in the amount of $110,516.00—$65,266.00 not priority and 45,250.00 priority. On January 27, 2016, the IRS filed a claim, "Claim 5-1."


However, there was a discrepancy between what Debtor stated in his commencement document and what the IRS stated in its claim. The IRS listed

$94,707.90 of unsecured priority claim and $16,029.92 of unsecured general claim, totaling $110,737.82.


Debtor’s Chapter 13 plan, which was confirmed on December 29, 2015, scheduled to pay the unsecured priority claim over sixty months at a monthly payment of $754.17. Non-priority unsecured creditors where estimated to get a hundred cents on the dollar. Pursuant to the Chapter 13 plan, Debtor stated he will pay all post- confirmation tax liabilities in a timely manner directly to the appropriate taxing authorities.


While paying his pre-petition tax liability, the IRS alleges that Debtor failed to pay his post-petition taxes:

11:00 AM

CONT...


Eric Kissell


Chapter 13

Taxable Year

Taxes Due for that Year

Remaining Balance

2015

$25,712.00

$29,775.96

2016

$24,995.00

$23,726.56

2017

$20,669.00

$24,019.91

2018

$21,465.00

$23,422.44

2019

$23,611.00

Not Calculated

Specifically, the IRS claims that Debtor failed to make estimated payments for the taxable year 2019. The IRS states that Debtor’s alleged failure falls under 11 U.S.C. § 1307(c) as "bad faith" and it provides the "cause" to request the Court to dismiss Debtor’s Chapter 13 petition and implement a 180-day refiling bar.


ANALYSIS:


I. Bad Faith


11 U.S.C § 1307(C):


"…on request of a party in interest or the United States trustee and after notice and a hearing, the court may convert a case under this chapter…or dismiss a case under this chapter…for cause, including…"


"A ‘party in interest’ is any party ‘who has an actual pecuniary interest in the case,’ ‘who has a practical stake in the outcome of a case,’ or ‘who will be impacted in any significant way in the case.’" In re Hardy, 589. B.R. 217 (Bankr. D. DC. 2018)

11:00 AM

CONT...


Eric Kissell


Chapter 13

(citing In re Sobczak, 369 B.R. 512, 518 (B.A.P. 9th Cir. 2007)). In this case, the IRS has standing because it has an actual pecuniary interest and it is a creditor. (In re De la Salle, 461 B.R. 593 (B.A.P 9th Cir.) (discerning no reason why creditors should not be included within the scope of party in interest for purposes of 11U.S.C. § 1307(c).


Subsection 1307(c) then proceeds to list eleven circumstances that would constitute cause. However, ‘bad faith’ is not listed. Nonetheless, bankruptcy courts "routinely treat dismissal for prepetition bad-faith conduct as implicitly authorized by the words ‘for cause.’" In re Goodvin, 548 B.R. 806, 811 (Bankr. N.D. IA. 2016) (quoting Marrama v. Citizens Bank, 549 U.S. 365, 372 (2007)).


Bad faith is determined by the totality of the circumstances test. In re Craighead, 377 B.R. 648, 654 (Bankr. N.D. Cal. 2007). Bankruptcy courts should consider the following circumstances in determining a cause for dismissal under Chapter 13 petition with prejudice for bad faith: (1) whether the debtor misrepresented facts in her petition or plan, unfairly manipulated the Bankruptcy Code, or otherwise filed her Chapter 13 petition or plan in an inequitable manner; (2) the debtor’s history of filing and dismissals; (3) whether the debtor only intended to defeat state court litigation; and (4) whether egregious behavior is present. In re Leavitt, 171 F.3d 1219, 1224 (9th Cir. Ct. App. 1999).


TENTATIVE RULING:


Thus, the Court GRANTS this motion because there is cause shown, the nonpayment of post-petition taxes, to dismiss Debtor’s case with a re-filing bar of 180-days. Pursuant to LBR 9013-1(h), the Court may deem a failure to timely file and serve documents as consent to the granting or denial of the motion. Debtor, not responding to this motion, is deemed to have consent it.


APPEARANCES REQUIRED.

11:00 AM

CONT...


Debtor(s):


Eric Kissell


Party Information


Chapter 13

Eric Kissell Represented By

William J Howell

Movant(s):

UNITED STATES OF AMERICA Represented By

Najah J Shariff

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11766


Elsy G. Mejia


Chapter 13


#12.00 Motion RE: Objection to Claim Number 7 by Claimant Internal Revenue Service.

Debtor's Objection to Claim Also #13

EH     


Docket 46

*** VACATED *** REASON: WITHDRAWAL OF OBJECTION TO CLAIM FILED 7/22/20

Tentative Ruling:

7/23/20


BACKGROUND:


On March 2, 2020 (hereinafter the "Petition Date"), Elsy G. Mejia (hereinafter "Debtor") filed a Chapter 13 voluntary petition. On May 5, 2020, the Internal Revenue Service (hereinafter the "IRS") filed a claim—unsecured priority claim totaling

$23,631.70 and unsecured general claim totaling $1,566.81—subcategorized in this manner:


Kind of Tax

Tax Period

Date Tax Assessed

Tax Due

Interest to Petition Date


Income

December 31,

2016


June 5, 2017


$1,442.00


$358.99


Income

December 31,

2017


June 4, 2018


5,149.00


536.06


Income

December 31,

2017


February 24, 2020


697.00


72.56


Income

December 31,

2018


June 3, 2019


6,140.00


290.09


Income

December 31,

2018


Estimated - See Note


8,946.00


0.00

11:00 AM

CONT...


Elsy G. Mejia


Chapter 13

$22,374.00 $1,257.70

Dkt. No. 47-2, Ex. 1. The ‘note’ section states that "liability is estimated based on available information because the return has not been filed. This claim may be amended as necessary after the debtor files the review or provides other required information." Id.


Debtor, after filing her tax return, objects to $25,198.51 claim (hereinafter "Claim 7-1") filed by the IRS. Debtor states in this motion that the amount owed to the IRS is "much less than stated in the IRS claim." Dkt. No. 47-1. Debtor had filed her tax return for this year, which stated taxes owed in the amount of $4,478.00, not the estimated amount of $8,946.00. Id. at Memorandum of Points and Authorities. Debtor has provided a redacted version of her tax return supporting her claim. Id. at Ex. 2, Form 1040, line 23. Debtor is requesting for the entire claim to be disallowed, or in the alternative, that the IRS file an amended proof of claim to reflect the entire tax liability.


ANALYSIS:


Pursuant to 11 U.S.C. § 502(a), a proof of claim is deemed allowed unless a party in interest objects. Absent an objection, a proof of claim constitutes prima facie evidence of the validity and amount of the claim under Federal Rule of Bankruptcy Procedure ("FRBP") 3001(f). See Lundell v. Anchor Constr. Specialists, Inc., 223 F.3d 1035, 1039 (9th Cir. 2000). When a party files an objection to a proof of claim, that filing "creates a dispute which is a contested matter" within the meaning of FRBP 9014, and the Court must resolve the matter after notice and opportunity for hearing upon a motion for relief. Id.


When a creditor has filed a proof of claim that complies with the rules (thereby giving rise to the presumption of validity), the burden shifts to the objecting party who must "present evidence to overcome the prima facie case." In re Medina, 205 B.R.

216, 222 (9th Cir. B.A.P. 1996). In this case, the IRS has filed Claim 7-1 that complies with the rules, giving rise to the presumption of validity.


To defeat the claim, the objecting party must provide sufficient evidence and "show facts tending to defeat the claim by probative force equal to that of the allegations of the proofs of claim themselves." Lundell, 223 F.3d at 1039 (quoting In

11:00 AM

CONT...


Elsy G. Mejia


Chapter 13

re Holm, 931 F.2d 620, 623 (9th Cir. 1991)). "The objector must produce evidence, which, if believed, would refute at least one of the allegations that is essential to the claim’s legal sufficiency." Lundell, 223 F.3d at 1040 (quoting In re Allegheny Int’l, Inc., 954 F.2d 167, 173-74 (3d Cir. 1992)). Debtor has provided evidence, in the form of this year’s tax return, that refute the amount of the claim.


If the objecting party produces sufficient evidence to negate one or more of the sworn facts in the proof of claim, the burden reverts back to the claimant to prove the validity of the claim by a preponderance of the evidence. See In re Consol. Pioneer Mort, 178 B.R. 222, 226 (9th Cir. BAP 1995), aff’d, 91 F.3d 151 (9th Cir. 1996)

(quoting Allegheny Int’l, 954 F.2d at 173-74). The ultimate burden of persuasion remains at all times on the claimant. See Lundell, 223 F.3d at 1039; see also Holm, 931 F.2d at 623. The IRS has not responding to this motion even though service was proper pursuant to 2002(g). Furthermore, pursuant to LBR 9013-1(h), if a party does not timely file and serve documents, the Court may deem this to be consent to the granting or denial of the motion.


TENTATIVE RULING


For all the reasons mentioned above, the Court SUSTAINS the objection to the extent of reducing the IRS claim for $23,631.70 to $19,163.70, based on the reduced amount of 2019 tax liability.


APPERANCES REQUIRED.


Debtor(s):


Party Information

Elsy G. Mejia Represented By

Maria C Hehr

Movant(s):

Elsy G. Mejia Represented By

11:00 AM

CONT...


Trustee(s):


Elsy G. Mejia


Maria C Hehr


Chapter 13

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11766


Elsy G. Mejia


Chapter 13


#13.00 CONT Confirmation of Chapter 13 Plan From: 5/14/20

Also #12 EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Elsy G. Mejia Represented By

Maria C Hehr

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-13426


Joseph R. Hernandez


Chapter 13


#14.00 Confirmation of Chapter 13 Plan EH      

Docket 0

*** VACATED *** REASON: CASE DISMISSED 7/1/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Joseph R. Hernandez Represented By Michael Smith

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-12264


Maria Toscano Lawes


Chapter 13


#15.00 CONT Confirmation of Chapter 13 Plan From: 6/4/20

EH      


Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Maria Toscano Lawes Represented By William J Smyth

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-12774


Jimmie Moore, II


Chapter 13


#16.00 CONT Confirmation of Chapter 13 Plan From: 7/2/20

EH      


Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jimmie Moore II Represented By Nancy Korompis

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-12869


Eduardo Fabian Silis and Maria De La Asuncion Silis


Chapter 13


#17.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Eduardo Fabian Silis Represented By David Lozano

Joint Debtor(s):

Maria De La Asuncion Silis Represented By David Lozano

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-12893


Sylvia Irene Guzman


Chapter 13


#18.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Sylvia Irene Guzman Represented By Jonathan D Doan

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-12949


Cody Ray Miller and Jessica Dawn Miller


Chapter 13


#19.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Cody Ray Miller Represented By Julie J Villalobos

Joint Debtor(s):

Jessica Dawn Miller Represented By Julie J Villalobos

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-12955


Melvin T. Marks and Maria Popeonas


Chapter 13


#20.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Melvin T. Marks Represented By Natalie A Alvarado

Joint Debtor(s):

Maria Popeonas Represented By Natalie A Alvarado

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-12957


Jose Luis Carranza


Chapter 13


#21.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jose Luis Carranza Represented By Gary S Saunders

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-12972


Olivia Raydelle Ford


Chapter 13


#22.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Olivia Raydelle Ford Represented By

Raj T Wadhwani

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-12986


Myrna Kay Sanchez


Chapter 13


#23.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Myrna Kay Sanchez Represented By Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-13032


Jose S. Villalpando and Maria C. Villalpando


Chapter 13


#24.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jose S. Villalpando Represented By Maria C Hehr

Joint Debtor(s):

Maria C. Villalpando Represented By Maria C Hehr

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-13121


Robert Ford Goering, Jr.


Chapter 13


#25.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Robert Ford Goering Jr. Represented By Heather J Canning

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-13127


Terri Lynn Spears


Chapter 13


#26.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Terri Lynn Spears Represented By Gregory M Shanfeld

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-13149


Maria Carmen Banuelos


Chapter 13


#27.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Maria Carmen Banuelos Represented By Brian J Soo-Hoo

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-13236


Lorena Sanchez


Chapter 13


#28.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Lorena Sanchez Represented By Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-13381


Mark Fredrick Davis and Deborah Lynn Davis


Chapter 13


#29.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Mark Fredrick Davis Represented By Jenny L Doling

Joint Debtor(s):

Deborah Lynn Davis Represented By Jenny L Doling

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-13401


Monica Aguirre


Chapter 13


#30.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Monica Aguirre Represented By Halli B Heston

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-13425


Margarito Martinez


Chapter 13


#31.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Margarito Martinez Represented By Michael Smith

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-14643


Steve Anthony Cwynar


Chapter 13


#31.10 Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate 734 Forester Dr., Corona CA


MOVANT: STEVE ANTHONY CWYNAR


EH        


Docket 18

Tentative Ruling:

TENTATIVE RULING:


7/23/20


Service: Shortened Notice – Proper Opposition: None


The Court has reviewed the motion. On July 7, 2020 (hereinafter "Petition Date"), Steve Anthony Cwynar (hereinafter "Debtor") filed a Chapter 13 voluntary petition. Pursuant to 11 U.S.C. § 362(c)(3), the automatic stay in respect to the Debtors expires on the thirtieth day after the filing of this petition, but it remains in respect to the estate.


Debtors had one prior Chapter 13 voluntary petition, case number 6:20-bk-13988-MH (hereinafter the "Prior Case"), pending and dismissed within a one-year period. In the Prior Case, Debtor’s credit counseling certificate had expired before he filed that petition. Dkt. No. 18-1, Decl. of Steve Anthony Cwynar in Support of Motion to Extend Stay. Debtor stated that he took the credit counseling course and received a certificate after completing it before filing the Prior Case. Id. He waited to file because he was "working with [his] mortgage lender on modification application, but the bank noticed a foreclosure sale date on [his] home necessitating a Chapter 13 filing." Id.

Debtor was also unaware that the certificate would expire after 180 days nor did his counsel "double check" the date of the credit counseling certificate. Id. at Pg. 5

11:00 AM

CONT...


Steve Anthony Cwynar


Chapter 13


Debtor has filed this motion to continue the stay pursuant to 11. U.S.C § 362(c)(3)(B). Debtor’s case was dismissed because of his failure to provided required documents.

When such failure precipitates a dismissal, Debtor’s current petition must overcome a presumption of bad faith. 11 U.S.C. § 362 (c)(3)(C).


To overcome this presumption, the Debtor must provide clear and convincing evidence to the contrary. "[Clear and convincing evidence] is defined as that degree or measure of proof which will produce in the mind of the trier of fact, a firm belief or conviction that the allegations sought to be established as true; it is ‘evidence so clear, direct weight[,] and convincing as to enable the fact finder to come to a clear conviction, without hesitancy, of the truth of the precise facts of the case.’" In re Castaneda, 342 B.R. 90 (Bankr. S.D. Cal. 2006) (citing Charles I, 332 B.R. 538, 542 (Bankr. S.D. TX. 2005)).


"Mere statements by the movement in the motion does not carry evidentiary weight. The movant must provide detailed, competent, evidence sufficient…to rebut the presumption of bad faith." In re Castaneda, 342 B.R. at 96. In this case, Debtor states that his presumption of good faith, overcoming the presumption of bad faith, is supported by him re-attaining the credit counseling certificate; and him proposing a plan, which would repay a hundred percent of all claims. Debtor provided the certification and his plan.


Based on the supplemental evidence, the Court is inclined to find that the Debtor has overcome, by clear and convincing evidence, the presumption under 11 U.S.C. § 362(c)(3)(C). The Motion is GRANTED. The stay will remain in place.


APPEARANCES REQUIRED.


Party Information

Debtor(s):

Steve Anthony Cwynar Represented By Julie J Villalobos

11:00 AM

CONT...

Movant(s):


Steve Anthony Cwynar


Chapter 13

Steve Anthony Cwynar Represented By Julie J Villalobos

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-20216


Silvia Alvarez


Chapter 13


#32.00 Trustee's Motion to Dismiss Case EH     

Docket 33


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Silvia Alvarez Represented By

Benjamin A Yrungaray

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:16-15304


Fabiola Puttre


Chapter 13


#33.00 CONT Trustee's Motion to Dismiss Case From: 7/2/20

EH     


Docket 110

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/13/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Fabiola Puttre Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:16-16523


Zoraida Molina


Chapter 13


#34.00 Trustee's Motion to Dismiss Case EH     

Docket 52

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/14/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Zoraida Molina Represented By Samer A Nahas

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:16-18398


Jose Luis Rojas


Chapter 13


#35.00 CONT Trustee's Motion to Dismiss Case From:6/11/20

EH     


Docket 94


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jose Luis Rojas Represented By Jaime A Cuevas Jr.

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:17-14744


Cirenio Merida


Chapter 13


#36.00 Trustee's Motion to Dismiss Case EH     

Docket 50


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Cirenio Merida Represented By Rebecca Tomilowitz

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:17-19027


Jaime Villalobos and Jennifer Villalobos


Chapter 13


#37.00 Trustee's Motion to Dismiss Case EH     

Docket 98


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jaime Villalobos Represented By

Rabin J Pournazarian

Joint Debtor(s):

Jennifer Villalobos Represented By

Rabin J Pournazarian

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:18-10957


Damaris Denise Redgray-Johnson


Chapter 13


#38.00 CONT Trustee's Motion to Dismiss Case From: 7/2/20

EH     


Docket 56


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Damaris Denise Redgray-Johnson Represented By

Daniel King

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:18-18309


Henry Lopez, Jr


Chapter 13


#39.00 Trustee's Motion to Dismiss Case EH     

Docket 44

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 6/23/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Henry Lopez Jr Represented By Rebecca Tomilowitz

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:18-18402


Susan Louise Marquez


Chapter 13


#40.00 Trustee's Motion to Dismiss Case EH     

Docket 36


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Susan Louise Marquez Represented By Christopher Hewitt

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-12482


Ramon Leo Delgado


Chapter 13


#41.00 CONT Trustee's Motion to Dismiss Case From: 6/11/20

EH     


Docket 34


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Ramon Leo Delgado Represented By Brian J Soo-Hoo

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-14586


Jose Luis Garcia and Yanira Valdez


Chapter 13


#42.00 Trustee's Motion to Dismiss Case EH     

Docket 40


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jose Luis Garcia Represented By Daniel King

Joint Debtor(s):

Yanira Valdez Represented By Daniel King

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-15511


Ralph Carver Lowe


Chapter 13


#43.00 Trustee's Motion to Dismiss Case EH     

Docket 44

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 6/23/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ralph Carver Lowe Represented By Neil R Hedtke

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-17249


Mark Allen Beatty


Chapter 13


#44.00 Trustee's Motion to Dismiss Case EH     

Docket 27


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Mark Allen Beatty Represented By Jeffrey D Larkin

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-17416


Gerald Curtis Collins and Valerie Cecelia Collins


Chapter 13


#45.00 CONT Trustee's Motion to Dismiss Case From: 6/11/20

EH     


Docket 42


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Gerald Curtis Collins Represented By

M. Wayne Tucker

Joint Debtor(s):

Valerie Cecelia Collins Represented By

M. Wayne Tucker

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-19747


Craig Edward Williams and Norma Geneva Williams


Chapter 13


#46.00 Trustee's Motion to Dismiss Case EH     

Docket 44


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Craig Edward Williams Represented By Julie J Villalobos

Joint Debtor(s):

Norma Geneva Williams Represented By Julie J Villalobos

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-20562


Emmanuel Pastor and Razel Pastor


Chapter 13


#47.00 CONT Trustee's Motion to Dismiss Case From: 6/11/20

EH     


Docket 32


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Emmanuel Pastor Represented By Gary S Saunders

Joint Debtor(s):

Razel Pastor Represented By

Gary S Saunders

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:15-11224


Jesus Samano Landa


Chapter 13


#47.10 Trustee's Motion to Dismiss Case EH         

Docket 61


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jesus Samano Landa Represented By Edgar P Lombera

Trustee(s):

Rod Danielson (TR) Pro Se

1:00 PM

6:15-11952


James Earl Chapman, Jr.


Chapter 13


#48.00 CONT Amended Motion (related document(s): 271 Motion for Determination of Final Cure and Mortgage Payment re: Rule 3002.1


From: 6/4/20 Also #49

EH     


Docket 285


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

James Earl Chapman Jr. Represented By Michael E Clark Barry E Borowitz

Movant(s):

James Earl Chapman Jr. Represented By Michael E Clark Barry E Borowitz

Trustee(s):

Rod Danielson (TR) Pro Se

1:00 PM

6:15-11952


James Earl Chapman, Jr.


Chapter 13


#49.00 CONT Motion For Order Denying Discharge And Dismissing Case From: 5/28/20, 6/4/20

Also #48 EH     

Docket 277


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

James Earl Chapman Jr. Represented By Michael E Clark Barry E Borowitz

Movant(s):

Rod Danielson (TR) Pro Se

Trustee(s):

Rod Danielson (TR) Pro Se

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01051 Pringle v. Serour


#1.00 Status Conference RE: [1] Adversary case 6:20-ap-01051. Complaint by John P. Pringle against Aly Serour. (Charge To Estate - $350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11

U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11

U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich,


EH     


Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Aly Serour Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

Trustee(s):

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

CONT...


Mark Bastorous


Chapter 7

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01052 Pringle v. Saber et al


#2.00 Status Conference RE: [1] Adversary case 6:20-ap-01052. Complaint by John P. Pringle against Am Saber, Yousria Mikhail Guirguis. (Charge To Estate - $350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)

(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


EH     


Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Am Saber Pro Se

Yousria Mikhail Guirguis Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

Trustee(s):

John P Pringle (TR) Represented By

1:00 PM

CONT...


Mark Bastorous


David M Goodrich Reem J Bello


Chapter 7

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01053 Pringle v. Bebawy et al


#3.00 Status Conference RE: [1] Adversary case 6:20-ap-01053. Complaint by John P. Pringle against Amgad Bebawy, Reham Nakhil. (Charge To Estate - $350.00).

Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)

(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


EH     


Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Amgad Bebawy Represented By Michael A Corfield

Reham Nakhil Represented By Michael A Corfield

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

1:00 PM

CONT...

Trustee(s):


Mark Bastorous


Chapter 7

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01054 Pringle v. ANRUF LLC et al


#4.00 Status Conference RE: [1] Adversary case 6:20-ap-01054. Complaint by John P. Pringle against ANRUF LLC, Nadia Khalil. (Charge To Estate - $350.00).

Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)

(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


EH     


Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

ANRUF LLC Represented By

Andy C Warshaw

Nadia Khalil Represented By

Andy C Warshaw

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

1:00 PM

CONT...

Trustee(s):


Mark Bastorous


Chapter 7

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01055 Pringle v. Mena


#5.00 Status Conference RE: [1] Adversary case 6:20-ap-01055. Complaint by John P. Pringle against Antonio Mena. (Charge To Estate - $350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11

U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


EH     


Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Antonio Mena Represented By

Jeffrey Charles Bogert

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

Trustee(s):

John P Pringle (TR) Represented By David M Goodrich

1:00 PM

CONT...


Mark Bastorous


Reem J Bello


Chapter 7

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01056 Pringle v. Mettias


#6.00 Status Conference RE: [1] Adversary case 6:20-ap-01056. Complaint by John P. Pringle against Martin Amin Mettias. (Charge To Estate - $350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11

U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


EH     


Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Martin Amin Mettias Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

Trustee(s):

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

CONT...


Mark Bastorous


Chapter 7

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01057 Pringle v. Makar


#7.00 Status Conference RE: [1] Adversary case 6:20-ap-01057. Complaint by John P. Pringle against Ayad Makar. (Charge To Estate - $350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11

U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11

U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


EH     


Docket 1

*** VACATED *** REASON: CONTINUED TO 9/9/20 AT 2:00 P.M. - ALIAS ISSUED

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Ayad Makar Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

Trustee(s):

John P Pringle (TR) Represented By David M Goodrich

1:00 PM

CONT...


Mark Bastorous


Reem J Bello


Chapter 7

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01058 Pringle v. Gendy


#8.00 Status Conference RE: [1] Adversary case 6:20-ap-01058. Complaint by John P. Pringle against Medhat Saad Gendy. (Charge To Estate - $350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11

U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


EH     


Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Medhat Saad Gendy Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

Trustee(s):

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

CONT...


Mark Bastorous


Chapter 7

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01059 Pringle v. Bishay


#9.00 Status Conference RE: [1] Adversary case 6:20-ap-01059. Complaint by John P. Pringle against Boles Bishay. (Charge To Estate - $350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11

U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


EH     


Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Boles Bishay Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

Trustee(s):

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

CONT...


Mark Bastorous


Chapter 7

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01060 Pringle v. Portrans


#10.00 Status Conference RE: [1] Adversary case 6:20-ap-01060. Complaint by John P. Pringle against Diamond Portrans. (Charge To Estate - $350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11

U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


EH     


Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Diamond Portrans Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

Trustee(s):

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

CONT...


Mark Bastorous


Chapter 7

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01061 Pringle v. Mikhael


#11.00 Status Conference RE: [1] Adversary case 6:20-ap-01061. Complaint by John P. Pringle against Medhat Mikhael. (Charge To Estate - $350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11

U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


EH     


Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Medhat Mikhael Represented By Michael A Corfield

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

Trustee(s):

John P Pringle (TR) Represented By David M Goodrich

1:00 PM

CONT...

Mark Bastorous

Reem J Bello

Chapter 7

1:00 PM

6:17-20092

Mark Bastorous

Chapter 7

Adv#: 6:20-01062 Pringle v. Makkar


#12.00 Status Conference RE: [1] Adversary case 6:20-ap-01062. Complaint by John P. Pringle against Louis Makkar. (Charge To Estate - $350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11

U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


EH     


Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Louis Makkar Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

Trustee(s):

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

CONT...


Mark Bastorous


Chapter 7

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01063 Pringle v. Ghaly


#13.00 Status Conference RE: [1] Adversary case 6:20-ap-01063. Complaint by John P. Pringle against Ramez Ghaly. (Charge To Estate - $350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11

U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


EH     


Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Ramez Ghaly Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

Trustee(s):

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

CONT...


Mark Bastorous


Chapter 7

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01064 Pringle v. Farah


#14.00 Status Conference RE: [1] Adversary case 6:20-ap-01064. Complaint by John P. Pringle against Mina Farah. (Charge To Estate - $350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11

U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11

U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


EH     


Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Mina Farah Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

Trustee(s):

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

CONT...


Mark Bastorous


Chapter 7

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01065 Pringle v. Yassa


#15.00 Status Conference RE: [1] Adversary case 6:20-ap-01065. Complaint by John P. Pringle against Ehap Yassa. (Charge To Estate - $350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11

U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11

U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


EH     


Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Ehap Yassa Represented By

Michael A Corfield

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

Trustee(s):

John P Pringle (TR) Represented By David M Goodrich

1:00 PM

CONT...


Mark Bastorous


Reem J Bello


Chapter 7

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01066 Pringle v. Abdelmessih


#16.00 Status Conference RE: [1] Adversary case 6:20-ap-01066. Complaint by John P. Pringle against Noshi Abdelmessih. (Charge To Estate - $350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11

U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


EH     


Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Noshi Abdelmessih Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

Trustee(s):

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

CONT...


Mark Bastorous


Chapter 7

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01067 Pringle v. Eskander


#17.00 Status Conference RE: [1] Adversary case 6:20-ap-01067. Complaint by John P. Pringle against Emad Eskander. (Charge To Estate - $350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11

U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


EH     


Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Emad Eskander Represented By Michael A Corfield

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

Trustee(s):

John P Pringle (TR) Represented By David M Goodrich

1:00 PM

CONT...

Mark Bastorous

Reem J Bello

Chapter 7

1:00 PM

6:17-20092

Mark Bastorous

Chapter 7

Adv#: 6:20-01068 Pringle v. Gerges


#18.00 Status Conference RE: [1] Adversary case 6:20-ap-01068. Complaint by John P. Pringle against Rafat Gerges. (Charge To Estate - $350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11

U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


EH     


Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Rafat Gerges Represented By

Louis J Esbin

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

Trustee(s):

John P Pringle (TR) Represented By David M Goodrich

1:00 PM

CONT...


Mark Bastorous


Reem J Bello


Chapter 7

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01069 Pringle v. Ghobrial


#19.00 Status Conference RE: [1] Adversary case 6:20-ap-01069. Complaint by John P. Pringle against Fared Ghobrial. (Charge To Estate - $350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11

U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


EH     


Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Fared Ghobrial Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

Trustee(s):

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

CONT...


Mark Bastorous


Chapter 7

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01070 Pringle v. Haroun


#20.00 Status Conference RE: [1] Adversary case 6:20-ap-01070. Complaint by John P. Pringle against Fouad Zikry Haroun. (Charge To Estate - $350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11

U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


EH     


Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Fouad Zikry Haroun Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

Trustee(s):

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

CONT...


Mark Bastorous


Chapter 7

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01071 Pringle v. Youssef


#21.00 Status Conference RE: [1] Adversary case 6:20-ap-01071. Complaint by John P. Pringle against Raafat Mouric Zake Youssef. (Charge To Estate - $350.00).

Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)

(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


EH     


Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Raafat Mouric Zake Youssef Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

Trustee(s):

John P Pringle (TR) Represented By David M Goodrich

1:00 PM

CONT...


Mark Bastorous


Reem J Bello


Chapter 7

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01072 Pringle v. Goldvilla


#22.00 Status Conference RE: [1] Adversary case 6:20-ap-01072. Complaint by John P. Pringle against Goldvilla. (Charge To Estate - $350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11

U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11

U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


EH     


Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Goldvilla Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

Trustee(s):

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

CONT...


Mark Bastorous


Chapter 7

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01073 Pringle v. Yousef


#23.00 Status Conference RE: [1] Adversary case 6:20-ap-01073. Complaint by John P. Pringle against Raafat Yousef. (Charge To Estate - $350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11

U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


EH     


Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Raafat Yousef Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

Trustee(s):

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

CONT...


Mark Bastorous


Chapter 7

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01074 Pringle v. Ghobrial


#24.00 Status Conference RE: [1] Adversary case 6:20-ap-01074. Complaint by John P. Pringle against Ishak Ghobrial. (Charge To Estate - $350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11

U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


EH     


Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Ishak Ghobrial Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

Trustee(s):

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

CONT...


Mark Bastorous


Chapter 7

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01075 Pringle v. Rouse


#25.00 Status Conference RE: [1] Adversary case 6:20-ap-01075. Complaint by John P. Pringle against James Rouse. (Charge To Estate - $350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11

U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


EH     


Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

James Rouse Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

Trustee(s):

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

CONT...


Mark Bastorous


Chapter 7

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01076 Pringle v. John 20/20 Enterprises, Inc.


#26.00 Status Conference RE: [1] Adversary case 6:20-ap-01076. Complaint by John P. Pringle against John 20/20 Enterprises, Inc.. (Charge To Estate - $350.00).

Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)

(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


EH     


Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

John 20/20 Enterprises, Inc. Represented By Michael A Corfield

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

Trustee(s):

John P Pringle (TR) Represented By

1:00 PM

CONT...

Mark Bastorous

David M Goodrich Reem J Bello

Chapter 7

1:00 PM

6:17-20092

Mark Bastorous

Chapter 7

Adv#: 6:20-01077 Pringle v. Youssef et al


#27.00 Status Conference RE: [1] Adversary case 6:20-ap-01077. Complaint by John P. Pringle against John Maurice Youssef, Sally Yo. (Charge To Estate - $350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)

(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


EH     


Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

John Maurice Youssef Pro Se

Sally Yo Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

Trustee(s):

John P Pringle (TR) Represented By

1:00 PM

CONT...


Mark Bastorous


David M Goodrich Reem J Bello


Chapter 7

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01078 Pringle v. Peng


#28.00 Status Conference RE: [1] Adversary case 6:20-ap-01078. Complaint by John P. Pringle against Kaiwha Peng. (Charge To Estate - $350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11

U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich,


EH     


Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Kaiwha Peng Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

Trustee(s):

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

CONT...


Mark Bastorous


Chapter 7

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01079 Pringle v. Kodsy


#29.00 Status Conference RE: [1] Adversary case 6:20-ap-01079. Complaint by John P. Pringle against Karem Fayez Kodsy. (Charge To Estate - $350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11

U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


EH     


Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Karem Fayez Kodsy Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

Trustee(s):

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

CONT...


Mark Bastorous


Chapter 7

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01080 Pringle v. Rouse


#30.00 Status Conference RE: [1] Adversary case 6:20-ap-01080. Complaint by John P. Pringle against Lana Lee Rouse. (Charge To Estate - $350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11

U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


EH     


Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Lana Lee Rouse Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

Trustee(s):

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

CONT...


Mark Bastorous


Chapter 7

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01081 Pringle v. Labib et al


#31.00 Status Conference RE: [1] Adversary case 6:20-ap-01081. Complaint by John P. Pringle against Magda Labib, Khair Labib. (Charge To Estate - $350.00).

Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)

(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


EH     


Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Magda Labib Represented By

Michael A Corfield

Khair Labib Represented By

Michael A Corfield

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

1:00 PM

CONT...

Trustee(s):


Mark Bastorous


Chapter 7

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01082 Pringle v. Wagdy


#32.00 Status Conference RE: [1] Adversary case 6:20-ap-01082. Complaint by John P. Pringle against Magda Wagdy. (Charge To Estate - $350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11

U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


EH     


Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Magda Wagdy Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

Trustee(s):

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

CONT...


Mark Bastorous


Chapter 7

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01083 Pringle v. Eskarous


#33.00 Status Conference RE: [1] Adversary case 6:20-ap-01083. Complaint by John P. Pringle against Manal Eskarous. (Charge To Estate - $350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11

U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


EH     


Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Manal Eskarous Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

Trustee(s):

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

CONT...


Mark Bastorous


Chapter 7

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01084 Pringle v. Solomen


#34.00 Status Conference RE: [1] Adversary case 6:20-ap-01084. Complaint by John P. Pringle against Marcos Solomen. (Charge To Estate - $350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11

U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


EH     


Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Marcos Solomen Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

Trustee(s):

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

CONT...


Mark Bastorous


Chapter 7

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01085 Pringle v. Khozam


#35.00 Status Conference RE: [1] Adversary case 6:20-ap-01085. Complaint by John P. Pringle against Margaret Khozam. (Charge To Estate - $350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11

U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


EH     


Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Margaret Khozam Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

Trustee(s):

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

CONT...


Mark Bastorous


Chapter 7

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01086 Pringle v. Zakhary


#36.00 Status Conference RE: [1] Adversary case 6:20-ap-01086. Complaint by John P. Pringle against Raafat Welliam Aziz Zakhary. (Charge To Estate - $350.00).

Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)

(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


EH     


Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Raafat Welliam Aziz Zakhary Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

Trustee(s):

John P Pringle (TR) Represented By David M Goodrich

1:00 PM

CONT...


Mark Bastorous


Reem J Bello


Chapter 7

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01087 Pringle v. Zumut et al


#37.00 Status Conference RE: [1] Adversary case 6:20-ap-01087. Complaint by John P. Pringle against Ray Zumut, Mary Zumut. (Charge To Estate - $350.00). Complaint:

(1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11

U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


EH     


Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Ray Zumut Pro Se

Mary Zumut Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

Trustee(s):

John P Pringle (TR) Represented By

1:00 PM

CONT...


Mark Bastorous


David M Goodrich Reem J Bello


Chapter 7

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01088 Pringle v. Noshy


#38.00 Status Conference RE: [1] Adversary case 6:20-ap-01088. Complaint by John P. Pringle against Sameh Noshy. (Charge To Estate - $350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11

U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


EH     


Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Sameh Noshy Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

Trustee(s):

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

CONT...


Mark Bastorous


Chapter 7

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01089 Pringle v. Barsoom


#39.00 Status Conference RE: [1] Adversary case 6:20-ap-01089. Complaint by John P. Pringle against Sameh Roshdy Wahba Barsoom. (Charge To Estate - $350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)

(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


EH     


Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Sameh Roshdy Wahba Barsoom Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

Trustee(s):

John P Pringle (TR) Represented By David M Goodrich

1:00 PM

CONT...


Mark Bastorous


Reem J Bello


Chapter 7

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01090 Pringle v. Sawires


#40.00 Status Conference RE: [1] Adversary case 6:20-ap-01090. Complaint by John P. Pringle against Sanad Sawires. (Charge To Estate - $350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11

U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


EH     


Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Sanad Sawires Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

Trustee(s):

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

CONT...


Mark Bastorous


Chapter 7

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01091 Pringle v. Beshai


#41.00 Status Conference RE: [1] Adversary case 6:20-ap-01091. Complaint by John P. Pringle against Sarwat Beshai. (Charge To Estate - $350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11

U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David) (STANDSTILL AGREEMENT UNTIL 9/16/20)


EH     


Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Sarwat Beshai Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

Trustee(s):

John P Pringle (TR) Represented By David M Goodrich

1:00 PM

CONT...


Mark Bastorous


Reem J Bello


Chapter 7

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01092 Pringle v. Dawoud


#42.00 Status Conference RE: [1] Adversary case 6:20-ap-01092. Complaint by John P. Pringle against Sohir Gendy Gerges Dawoud. (Charge To Estate - $350.00).

Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)

(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


EH     


Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Sohir Gendy Gerges Dawoud Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

Trustee(s):

John P Pringle (TR) Represented By David M Goodrich

1:00 PM

CONT...


Mark Bastorous


Reem J Bello


Chapter 7

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01093 Pringle v. St. George Medical Office L.L.C.


#43.00 Status Conference RE: [1] Adversary case 6:20-ap-01093. Complaint by John P. Pringle against St. George Medical Office L.L.C.. (Charge To Estate - $350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)

(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


EH     


Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

St. George Medical Office L.L.C. Represented By

Andy C Warshaw

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

Trustee(s):

John P Pringle (TR) Represented By

1:00 PM

CONT...


Mark Bastorous


David M Goodrich Reem J Bello


Chapter 7

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01094 Pringle v. Wextron Ltd


#44.00 Status Conference RE: [1] Adversary case 6:20-ap-01094. Complaint by John P. Pringle against Wextron Ltd. (Charge To Estate - $350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11

U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11

U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


EH     


Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Wextron Ltd Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

Trustee(s):

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

CONT...


Mark Bastorous


Chapter 7

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01095 Pringle v. Fannyan


#45.00 Status Conference RE: [1] Adversary case 6:20-ap-01095. Complaint by John P. Pringle against Zahra Fannyan. (Charge To Estate - $350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11

U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


EH     


Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Zahra Fannyan Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

Trustee(s):

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

CONT...


Mark Bastorous


Chapter 7

11:00 AM

6:15-13218


Ramiro J Cruz and Norma Idalia Cruz


Chapter 13


#1.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 43375 Madison Street, Indio, CA 92201


MOVANT: HSBC BANK USA NATIONAL ASSOCIATION


From: 6/9/20, 6/30/20 EH     

Docket 153

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/14/20

Tentative Ruling:

6/9/2020


Service: Proper Opposition: Yes


The Court is inclined to:


Parties to apprise Court of status of arrears and adequate protection discussions, if any.


APPEARANCES REQUIRED.

Party Information

Debtor(s):

Ramiro J Cruz Represented By Summer M Shaw

Joint Debtor(s):

Norma Idalia Cruz Represented By Summer M Shaw

11:00 AM

CONT...

Movant(s):


Ramiro J Cruz and Norma Idalia Cruz


Chapter 13

HSBC Bank USA, National Represented By Darlene C Vigil Gilbert R Yabes

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:16-15959


Feliciano Julian De Vera and Pacita DelaCruz De Vera


Chapter 13


#2.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 4001 Carroll Court, Chino, California 91710


MOVANT: CITIBANK, N.A.


EH     


Docket 48

*** VACATED *** REASON: STIPULATED ORDER ENTERED 7/23/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Feliciano Julian De Vera Represented By Lawrence B Yang

Joint Debtor(s):

Pacita DelaCruz De Vera Represented By Lawrence B Yang

Movant(s):

Citibank, N.A., Not Individually but Represented By

Austin P Nagel

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:16-20402


Johanna R. Lagandaon


Chapter 13


#3.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 16634 Nandina Avenue, Riverside, California 92504


MOVANT: WILMINGTON SAVINGS FUND SOCIETY FSB


EH     


Docket 67

Tentative Ruling: Tentative Ruling:

7/28/20


Service: Proper Opposition: None


To attain relief from stay under 11. U.S.C §362(d)(1) "cause" must be shown. Wilmington Savings Fund Society (hereinafter "FSB") claims that post-petition post- confirmation mortgage payments due have not been made by the Debtor. "The failure, however, of a debtor to tender post-petition payments to a mortgagee does not mean that the secured creditor must be granted relief from the stay…Evidence of a post- petition delinquency only means that the debtor must then come forward with evidence demonstrating that the mortgagee’s secured interest is adequately protected." In re Middleton Place Assocs., 1993 Bankr. Lexis 2171, *28-*29 (Bankr. E.D. PA, 1993).


By providing the Fixed/Adjustable Rate Note Interest Only Fixed Period, Deed of Trust, Planned Unit Development Rider, California Assignment of Deed of Trust, Corporation Assignment of Deed of Trust, Assignment of Deed of Trust, and the ledger of loan payments, FSB has established "cause" for relief under 11 U.S.C § 362(d)(1). In re Kim, 71 B.R. 1011, 1014 (Bankr. C.D. Cal. 1987).

11:00 AM

CONT...


Johanna R. Lagandaon


Chapter 13


The burden now shifts to the opposing party, the Debtor, to show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1). 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.).


Debtor has not opposed this motion. Thus, he has not met his burden. Pursuant to LBR 9013-1(h), if a party does not timely file and serve documents, the Court may deem this lack of action to be consent to the granting or denial of the motion. Thus, the Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1). GRANT relief from Rule 4001(a)(3) stay. GRANT request under ¶¶ 2 and 3. The co- debtor stay of 11 U.S.C. § 1301(a) is terminated. DENY request under ¶13 as moot.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


Party Information

Debtor(s):

Johanna R. Lagandaon Represented By Julie J Villalobos

Movant(s):

Wilmington Savings Fund Society, Represented By

Sean C Ferry

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:17-18230


Ricardo Munoz and Roseann Munoz


Chapter 13


#4.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1554 N Helen Ct, Ontario, California 91762


MOVANT: U.S. BANK NATIONAL ASSOCIATION


EH     


Docket 63

Tentative Ruling: Tentative Ruling:

7/28/20


Service: Proper Opposition: Debtors


To attain relief from stay under 11. U.S.C §362(d)(1) "cause" must be shown. U.S. Bank National Association (hereinafter "U.S. Bank") claims that post-petition post- confirmation mortgage payments due have not been made by the Debtor. "The failure, however, of a debtor to tender post-petition payments to a mortgagee does not mean that the secured creditor must be granted relief from the stay…Evidence of a post- petition delinquency only means that the debtor must then come forward with evidence demonstrating that the mortgagee’s secured interest is adequately protected." In re Middleton Place Assocs., 1993 Bankr. Lexis 2171, *28-*29 (Bankr. E.D. PA, 1993).


By providing the Equity Line of Credit Agreement and Disclosure Statement, Deed of Trust, and the ledger of loan payments, U.S. Bank has established "cause" for relief under 11 U.S.C § 362(d)(1). In re Kim, 71 B.R. 1011, 1014 (Bankr. C.D. Cal. 1987).


The burden now shifts to the opposing party, the Debtors, to show that the collateral is not declining in value or the movant is adequately protected by periodic cash

11:00 AM

CONT...


Ricardo Munoz and Roseann Munoz


Chapter 13

payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1). 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.).


Debtors have opposed this motion. Debtors claim that on July 10, 2020, they made a payment of $1,000. Dkt. No. 65, Pg. 2. Debtor are "looking to enter into an adequate protection order" and they "intend to continue making all of their regular post-petition payments in a timely fashion. Id.


Parties are to abreast the Court of any adequate protection discussions. APPEARANCES REQUIRED.


Party Information

Debtor(s):

Ricardo Munoz Represented By Michael E Clark Barry E Borowitz

Joint Debtor(s):

Roseann Munoz Represented By Michael E Clark Barry E Borowitz

Movant(s):

U.S. Bank National Association Represented By Mukta Suri Sean C Ferry

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:18-10112


Eddie Garcia and Martha Garcia


Chapter 13


#5.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2017 Hyundai Sonata Hybrid Vin No. KMHE24L12HA059550


MOVANT: ALLY BANK


EH     


Docket 95

*** VACATED *** REASON: STIPULATED ORDER ENTERED 7/17/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Eddie Garcia Represented By

Paul Y Lee

Joint Debtor(s):

Martha Garcia Represented By Paul Y Lee

Movant(s):

Ally Bank c/o Severson & Werson, Represented By

Adam N Barasch

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:18-11890


Rogelio Ramos and Maria Escobar


Chapter 13


#6.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 17708 Seville Avenue, Fontana, CA 92335


MOVANT: DEUTCHE BANK NATIONAL TRUST COMPANY


EH     


Docket 60

Tentative Ruling: Tentative Ruling:

7/28/20


Service: Proper Opposition: None


To attain relief from stay under 11. U.S.C §362(d)(1) "cause" must be shown. Deutsche Bank National Trust Company (hereinafter "Deutsche Bank") claims that post-petition post-confirmation mortgage payments due have not been made by the Debtors. "The failure, however, of a debtor to tender post-petition payments to a mortgagee does not mean that the secured creditor must be granted relief from the stay…Evidence of a post-petition delinquency only means that the debtor must then come forward with evidence demonstrating that the mortgagee’s secured interest is adequately protected." In re Middleton Place Assocs., 1993 Bankr. Lexis 2171, *28-* 29 (Bankr. E.D. PA, 1993).


By providing the Interest-Only Period Adjustable Rate Note, Deed of Trust, Adjustable Rate Rider, Assignment of Deed of Trust, Corporation Assignment of Deed of Trust, Assignment of Deed of Trust, and the ledger of loan payments, Deutsche Bank has established "cause" for relief under 11 U.S.C § 362(d)(1). In re Kim, 71 B.R. 1011, 1014 (Bankr. C.D. Cal. 1987).

11:00 AM

CONT...


Rogelio Ramos and Maria Escobar


Chapter 13

The burden now shifts to the opposing party, the Debtors, to show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1). 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.).


Debtors have not opposed this motion. Thus, they have not met their burden. Pursuant to LBR 9013-1(h), if a party does not timely file and serve documents, the Court may deem this lack of action to be consent to the granting or denial of the motion. Thus, the Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1).

GRANT relief from Rule 4001(a)(3) stay. GRANT request under ¶¶ 2 and 3. The co- debtor stay of 11 U.S.C. § 1301(a) is terminated. DENY request under ¶13 as moot.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


Party Information

Debtor(s):

Rogelio Ramos Represented By Rebecca Tomilowitz

Joint Debtor(s):

Maria Escobar Represented By Rebecca Tomilowitz

Movant(s):

Deutsche Bank National Trust Represented By Sean C Ferry Eric P Enciso

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:18-12958


Noemi Patricia Nuno


Chapter 13


#7.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 316 Date Street, Lake Elsinore, California 92530


MOVANT: PENNYMAC LOAN SERVICES LLC


EH     


Docket 38

Tentative Ruling: Tentative Ruling:

7/28/20


Service: Proper Opposition: None


To attain relief from stay under 11. U.S.C §362(d)(1) "cause" must be shown. PennyMac Loan Services, LLC (hereinafter "PennyMac") claims that post-petition post-confirmation mortgage payments due have not been made by the Debtor. "The failure, however, of a debtor to tender post-petition payments to a mortgagee does not mean that the secured creditor must be granted relief from the stay…Evidence of a post-petition delinquency only means that the debtor must then come forward with evidence demonstrating that the mortgagee’s secured interest is adequately protected." In re Middleton Place Assocs., 1993 Bankr. Lexis 2171, *28-*29 (Bankr. E.D. PA, 1993).


By providing the Deed of Trust, Assignment of Deed of Trust, and the ledger of loan payments, PennyMac has established "cause" for relief under 11 U.S.C § 362(d)(1). In re Kim, 71 B.R. 1011, 1014 (Bankr. C.D. Cal. 1987).


The burden now shifts to the opposing party, the Debtor, to show that the collateral is

11:00 AM

CONT...


Noemi Patricia Nuno


Chapter 13

not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1). 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.).


Debtor has not opposed this motion. Thus, she has not met her burden. Pursuant to LBR 9013-1(h), if a party does not timely file and serve documents, the Court may deem this lack of action to be consent to the granting or denial of the motion. Thus, the Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1). GRANT relief from Rule 4001(a)(3) stay. GRANT request under ¶¶ 2 and 3. DENY request under ¶13 as moot.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


Party Information

Debtor(s):

Noemi Patricia Nuno Represented By Brian J Soo-Hoo

Movant(s):

PennyMac Loan Services, LLC Represented By Robert P Zahradka

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-10742


Joshua Michael Thomson and Katherine Naomi Thomson


Chapter 13


#8.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2017 Toyota Tacoma


MOVANT: TOYOTA LEASE TRUST


EH     


Docket 39

Tentative Ruling: Tentative Ruling:

7/28/20


Service: Proper Opposition: None


To attain relief from stay under 11. U.S.C §362(d)(1), "cause" must be shown. Toyota Lease Trust (hereinafter "Toyota") claims cause has been shown because Debtors lease has matured, and they failed to exercise their purchase option. By providing the Lease Agreement, Certificate of Title, and Lease Status, Toyota has established "cause" for relief under 11 U.S.C § 362(d)(1). In re Presco, 2007 Bankr. Lexis 5542 (Bankr. W.D. PA. 2009) (stating that a Debtors failure to surrender their leased vehicle and to give notice to exercise the purchase option when the lease matured was sufficient to show cause.).


The burden now shifts to the opposing party, the Debtors, to show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1). 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.).


Debtors have not opposed this motion. Thus, they have not met their burden. Pursuant

11:00 AM

CONT...


Joshua Michael Thomson and Katherine Naomi Thomson


Chapter 13

to LBR 9013-1(h), if a party does not timely file and serve documents, the Court may deem this lack of action to be consent to the granting or denial of the motion. Thus, the Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1).

GRANT relief from Rule 4001(a)(3) stay. GRANT request under ¶ 6. Deny request under ¶ 15 as moot.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


Party Information

Debtor(s):

Joshua Michael Thomson Represented By Edward G Topolski

Joint Debtor(s):

Katherine Naomi Thomson Represented By Edward G Topolski

Movant(s):

Toyota Lease Trust, as serviced by Represented By

Kirsten Martinez

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-12219


Michael Lawrence Ricks and Debra Jean Ricks


Chapter 13


#9.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1073 Hisse Drive, San Jacinto, California 92583


MOVANT: U.S. BANK NATIONAL ASSOCIATION


EH     


Docket 37

Tentative Ruling: Tentative Ruling:

7/28/20


Service: Proper Opposition: None


To attain relief from stay under 11. U.S.C §362(d)(1) "cause" must be shown. U.S. Bank National Association, as Indenture Trustee, on behalf of the holder of Terwin Mortgage Trust (hereinafter "U.S. Bank - Terwin") claims that post-petition post- confirmation mortgage payments due have not been made by Debtors. "The failure, however, of a debtor to tender post-petition payments to a mortgagee does not mean that the secured creditor must be granted relief from the stay…Evidence of a post- petition delinquency only means that the debtor must then come forward with evidence demonstrating that the mortgagee’s secured interest is adequately protected." In re Middleton Place Assocs., 1993 Bankr. Lexis 2171, *28-*29 (Bankr. E.D. PA, 1993).


By providing the Note, Balloon Note Addendum Second Mortgage, Deed of Trust, Assignment of Deed of Trust, Modification Agreement and the ledger of loan payments, U.S. Bank - Terwin has established "cause" for relief under 11 U.S.C § 362(d)(1). In re Kim, 71 B.R. 1011, 1014 (Bankr. C.D. Cal. 1987).

11:00 AM

CONT...


Michael Lawrence Ricks and Debra Jean Ricks


Chapter 13


The burden now shifts to the opposing party, the Debtors, to show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1). 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.).


Debtors have opposed this motion. Debtors claim (1) more payments have been made to U.S. Bank – Terwin than the motion accounts for, and (2) the property is fully provided for in the Chapter 13 plan. Dkt. No. 39. Pg. 3. Debtors also assert that all post-petition arrearages will be cured by the hearing date and all post-petition plan payments are current. Id. Debtors allege that movant’s counsel informed Debtors’ counsel that "the Debtors have brought the loan post-petition current." Id.


The parties to confirm whether Debtors are current. APPEARANCES REQUIRED.

Party Information

Debtor(s):

Michael Lawrence Ricks Represented By

Richard Komisars III

Joint Debtor(s):

Debra Jean Ricks Represented By

Richard Komisars III

Movant(s):

U. S. Bank National Association, as Represented By

Kirsten Martinez

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-12398


Jerry Melendrez and Laura Therese Melendrez


Chapter 13


#10.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 17016 Ocotilla Road, Apple Valley, CA 92307


MOVANT: BOSCO CREDIT LLC


From: 6/30/20 EH     

Docket 54

Tentative Ruling: Tentative Ruling:

6/30/20


Service: Proper Opposition: Debtor


To attain relief from stay under 11. U.S.C §362(d)(1) "cause" must be shown. Bosco Credit, LLC (hereinafter "Bosco Credit") claims that post-petition post-confirmation mortgage payments due have not been made by the Debtors. "The failure, however, of a debtor to tender post-petition payments to a mortgagee does not mean that the secured creditor must be granted relief from the stay…Evidence of a post-petition delinquency only means that the debtor must then come forward with evidence demonstrating that the mortgagee’s secured interest is adequately protected." In re Middleton Place Assocs., 1993 Bankr. Lexis 2171, *28-*29 (Bankr. E.D. PA, 1993).


By providing the Home Equity Line of Credit Agreement and Disclosure Statement, Variable Interest Rate Revolving Line of Creed Deed of Trust, the Assignment of Deed to Trust, and the ledger of loan payments, Bosco Credit has established "cause" for relief under 11 U.S.C § 362(d)(1). In re Kim, 71 B.R. 1011, 1014 (Bankr. C.D.

11:00 AM

CONT...


Jerry Melendrez and Laura Therese Melendrez


Chapter 13

Cal. 1987).


The burden now shifts to the opposing party, the Debtors, to show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1). 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.).


Debtors have opposed this motion. Dkt. No. 56. Debtor, Jerry Melendrez, declares that on June 9, 2020, he paid $1,588.00 and on June 12, 2020, he paid $1,748.00 to Bosco Credit. Id. at Decl. of Jerry Melendrez. He provided a confirmation number for each payment. He also claims that, by the hearing date, he will be current and the property is necessary for an effective reorganization.


Parties are to inform the Court of the current status of the delinquencies.


APPEARANCES REQUIRED.


Party Information

Debtor(s):

Jerry Melendrez Represented By Todd L Turoci

Joint Debtor(s):

Laura Therese Melendrez Represented By Todd L Turoci

Movant(s):

BOSCO CREDIT LLC Represented By Kelsey X Luu James F Lewin

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-15963


Ramon H. Ventura, Jr. and Clementine Ventura


Chapter 13


#11.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 36677 Oak Meadows Place, Murrieta, California 92562


MOVANT: SELENE AS ATTORNEY IN FACT WILMINGTON SAVINGS FUND SOCIETY, FSB


EH     


Docket 61

Tentative Ruling: Tentative Ruling:

7/28/20


Service: Proper Opposition: None


To attain relief from stay under 11. U.S.C §362(d)(1) "cause" must be shown. Selene Finance LP (hereinafter "Selene Finance") claims that post-petition post-confirmation mortgage payments due have not been made by Debtors. "The failure, however, of a debtor to tender post-petition payments to a mortgagee does not mean that the secured creditor must be granted relief from the stay…Evidence of a post-petition delinquency only means that the debtor must then come forward with evidence demonstrating that the mortgagee’s secured interest is adequately protected." In re Middleton Place Assocs., 1993 Bankr. Lexis 2171, *28-*29 (Bankr. E.D. PA, 1993).


By providing the Fixed/Adjustable Rate Note Interest Only Fixed Period, Deed of Trust, California Assignment of Deed of Trust, Corporation Assignment of Deed of Trust, Modification Agreement, and the ledger of loan payments, Selene Finance has established "cause" for relief under 11 U.S.C § 362(d)(1). In re Kim, 71 B.R. 1011, 1014 (Bankr. C.D. Cal. 1987).

11:00 AM

CONT...


Ramon H. Ventura, Jr. and Clementine Ventura


Chapter 13


The burden now shifts to the opposing party, the Debtors, to show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1). 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.).


Debtors have opposed this motion. Dkt. No. 63. Joint Debtor declared that she would like to enter into an adequate protection agreement in which she pays a lump sum on or before the date of the hearing on this matter and pays the remainder over a six- month timeframe in equal installments on the fifteenth of each month. Id. at Decl. in Support of Opposition to Motion for Relief from Automatic Stay.


The parties to update the Court of any adequate protection discussions. APPEARANCES REQUIRED.

Party Information

Debtor(s):

Ramon H. Ventura Jr. Represented By Gregory Ashcraft

Joint Debtor(s):

Clementine Ventura Represented By Gregory Ashcraft

Movant(s):

Selene as servicer for Wilmington Represented By

Christina J Khil Sean C Ferry

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10164


Hernan Pizzulin and Tonya Thomas


Chapter 13


#12.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 3038 Jacinta Dr., Perris, CA 92571


MOVANT: BANK OF AMERICA, N.A.


From: 5/26/20, 6/30/20 EH     

Docket 25


Tentative Ruling:

5/26/2020


Service: Proper Opposition: Yes

Parties to apprise Court of status of arrears, if any. APPEARANCES REQUIRED.

Party Information

Debtor(s):

Hernan Pizzulin Represented By Tom A Moore

Joint Debtor(s):

Tonya Thomas Represented By Tom A Moore

Movant(s):

Bank of America, N.A. Represented By Darlene C Vigil

11:00 AM

CONT...

Trustee(s):


Hernan Pizzulin and Tonya Thomas


Chapter 13

Rod Danielson (TR) Pro Se

11:00 AM

6:20-13003


Mumtaz Sajjad


Chapter 7


#13.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 7419 Via Deldene, Highland, California 92346


MOVANT: MICHAEL W. DOUGLAS AND CINDY DOUGLAS, TRUSTEES OF THE SECOND AMENDED AND RESTATED, MICHAEL W. DOUGLAS AND CINDY DOUGLAS REVOCABLE TRUST DATED APRIL 10, 2017


From: 6/16/20, 6/30/20 EH     

Docket 22

Tentative Ruling: Tentative Ruling:

Service: Proper Opposition: None


6/16/20


On May 22, 2020, Michael W. Douglas and Cindy Douglas, Trustees of the Second Amended and Restated, Michael W. Douglas and Cindy Douglas Revocable Trust (hereinafter "Douglas’ Trust") filed this motion for relief from stay pursuant to 11

U.S.C. §§ 362(d)(1) and 362(d)(2) regard to the Property located at 7419 Via Deldene, Highland, California 92346.


To attain relief from stay under 11. U.S.C §362(d)(1) "cause" must be shown. Douglas’ Trust claims that there is a lack of adequate protection of its interest in its property because of property taxes and a mechanic’s lien. Adequate protection is intended to compensate a secured creditor whose collateral declines in value while it is in the possession of, and being used by, a…debtor." People’s Capital& Leasing

11:00 AM

CONT...


Mumtaz Sajjad


Chapter 7

Corp. v. Big3d, Inc., 438 B.R. 214, 220 (B.A.P. 9th Cir. 2010).


By providing Deed of Trust and Assignment of Rent, Note, Trustee’s Sale Guarantee, and Claim of Mechanics Lien, Douglas’ Trust has shown neither is there any equity nor is its interest adequately protected. In re Gauvin, 24 B.R. 578, 580 (B.A.P. 9th Cir. 1982); See also In re Mellor, 734 F.2d 1396 (9th Cir. 1985) (equity cushion of twenty percent sufficient).


To receive relief under 11 U.S.C. § 362(d)(2), both elements— (1) debtor has no equity in the property and (2) property is not necessary for an effective organization— must be met. 3 Collier on Bankruptcy ¶ 362.07[4] (Richard Levin & Henry J. Sommer eds., 16th ed.). Douglas’ Trust has provided evidence that Debtor does not have any equity in the property.


The burden now shifts to the opposing party, the Debtor, to show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1). 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.).


The Trustee’s opposition does not address the (d)(2) request, and also points to the approximate 12% equity cushion for purposes of (d)(1), which the Court finds insufficient. Further, without evidence of valuation, there is no basis to deny the motion or continue the hearing.


Debtor responded to the motion, claiming that she is in the process of a "new loan process," will be filing an adversary proceeding, a motion to strip a lien, or both. Dkt. No. 30. Debtor also claims that Douglas’ Trust has acted in bad faith because it has interfered with Debtor’s ability to refinance by contacting potential lenders and disparaging Debtor and Debtor’s spouse. Id.


However, Debtor has not challenged the mechanics lien by adversary and otherwise does not provide grounds to deny the motion.


The tentative ruling is to GRANT the motion.

11:00 AM

CONT...


Mumtaz Sajjad


Chapter 7

APPEARANCES REQURED.


Party Information

Debtor(s):

Mumtaz Sajjad Represented By Michael R Perry

Movant(s):

Michael W. Douglas and Cindy Represented By Martin W. Phillips

Trustee(s):

Larry D Simons (TR) Pro Se

11:00 AM

6:20-13352


Patricia Mae Broad


Chapter 7


#14.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2014 Scion FR-S


MOVANT: TOYOTA MOTOR CREDIT CORPORATION


EH     


Docket 9

Tentative Ruling: Tentative Ruling:

7/28/20


Service: Proper Opposition: None


To attain relief from stay under 11. U.S.C §362(d)(1) "cause" must be shown. Toyota Motor Credit Corporation (hereinafter "Toyota Motor") claims that there is a lack of adequate protection of its interest in its property. Adequate protection is intended to compensate a secured creditor whose collateral declines in value while it is in the possession of, and being used by, a…debtor." People’s Capital& Leasing Corp. v.

Big3d, Inc., 438 B.R. 214, 220 (B.A.P. 9th Cir. 2010).


By providing the Retail Installment Sale Contract, Title Detail, Debtor’s intent to surrender the vehicle, Schedule A/B of Debtor’s commencement documents, and the Loan Status, Toyota Motor has shown that its interest is not adequately protected. In re Gauvin, 24 B.R. 578, 580 (B.A.P. 9th Cir. 1982).


To receive relief under 11 U.S.C. § 362(d)(2), both elements— (1) debtor has no equity in the property and (2) property is not necessary for an effective organization—

11:00 AM

CONT...


Patricia Mae Broad


Chapter 7

must be met. 3 Collier on Bankruptcy ¶ 362.07[4] (Richard Levin & Henry J. Sommer eds., 16th ed.). Toyota Motor has met its burden to show that Debtor has no equity in the property.


The burden now shifts to the opposing party, the Debtor, to show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1). 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.).


Because a Chapter 7 proceeding does not involve a reorganization, it is generally presumed that the second condition under 11 U.S.C. § 362(d)(2)(B) is met in a Chapter 7 proceeding." In re Williamson, 2009 Bankr. Lexis 5571, *5 (Bankr. S.D. Ga. 2009). Debtor has not responded to this motion, and Debtor has indicated his intent to surrender the vehicle. Thus, the Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. §§ 362(d)(1) and 362(d)(2). GRANT relief from Rule 4001(a)

  1. stay. GRANT request under ¶ 6. DENY request under ¶ 15 as moot.


    APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.



    Party Information

    Debtor(s):

    Patricia Mae Broad Represented By Peter S Gold

    Movant(s):

    Toyota Motor Credit Corporation Represented By

    Kirsten Martinez

    Trustee(s):

    Arturo Cisneros (TR) Pro Se

    11:00 AM

    6:20-14071


    Nick A Padilla


    Chapter 7


    #15.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2019 Ford Fusion, VIN: 3FA6P0HD1KR200455


    MOVANT: FORD MOTOR CREDIT COMPANY LLC


    EH     


    Docket 11

    Tentative Ruling: Tentative Ruling:

    7/28/20


    Service: Proper Opposition: None


    To attain relief from stay under 11. U.S.C §362(d)(1) "cause" must be shown. Ford Motor Credit Company, LLC (hereinafter "Ford Motor") claims that there is a lack of adequate protection of its interest in its property. Adequate protection is intended to compensate a secured creditor whose collateral declines in value while it is in the possession of, and being used by, a…debtor." People’s Capital& Leasing Corp. v.

    Big3d, Inc., 438 B.R. 214, 220 (B.A.P. 9th Cir. 2010).


    By providing the Retail Installment Sale Contract, Certificate of Title, and NADA Used Car Guide, Ford Motor has shown that its interest is not adequately protected. In re Gauvin, 24 B.R. 578, 580 (B.A.P. 9th Cir. 1982).


    To receive relief under 11 U.S.C. § 362(d)(2), both elements— (1) debtor has no equity in the property and (2) property is not necessary for an effective organization—

    11:00 AM

    CONT...


    Nick A Padilla


    Chapter 7

    must be met. 3 Collier on Bankruptcy ¶ 362.07[4] (Richard Levin & Henry J. Sommer eds., 16th ed.). Ford Motor has met its burden to show that Debtor has no equity in the property.


    The burden now shifts to the opposing party, the Debtor, to show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1). 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.).


    Because a Chapter 7 proceeding does not involve a reorganization, it is generally presumed that the second condition under 11 U.S.C. § 362(d)(2)(B) is met in a Chapter 7 proceeding." In re Williamson, 2009 Bankr. Lexis 5571, *5 (Bankr. S.D. Ga. 2009). Debtor has not responded to this motion. Thus, he has not met his burden. Pursuant to LBR 9013-1(h), if a party does not timely file and serve documents, the Court may deem this lack of action to be consent to the granting or denial of the motion. Thus, the Court is inclined to GRANT relief from stay pursuant to 11 U.S.C.

    §§ 362(d)(1) and 362(d)(2). GRANT relief from Rule 4001(a)(3) stay. GRANT request under ¶ 2. DENY request under ¶ 11 as moot.


    APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.



    Party Information

    Debtor(s):

    Nick A Padilla Represented By Paul Y Lee

    Movant(s):

    Ford Motor Credit Company LLC Represented By

    Sheryl K Ith

    Trustee(s):

    Charles W Daff (TR) Pro Se

    2:00 PM

    6:11-12667


    Maximino Romero Torres and Rebecca Anne Torres


    Chapter 7


    #16.00 CONT Order to show cause why James Alderson should not be: (1) Sanctioned in the amount of $5,000; and (2) Reported to the State Bar Disciplinary Committee for failure to conform to professional rules of conduct


    From: 3/31/20, 4/21/20, 5/26/20, 6/30/20, 7/14/20


    EH     


    Docket 64


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Maximino Romero Torres Represented By James A Alderson

    Joint Debtor(s):

    Rebecca Anne Torres Represented By James A Alderson

    Trustee(s):

    Patricia J Zimmermann (TR) Pro Se

    2:00 PM

    6:19-13127


    Woodcrest Ace Hardware Inc.


    Chapter 11


    #17.00 CONT Motion RE: Objection to Claim Number 12 by Claimant Zions Bancorporation, N.A. D/B/A California Bank & Trust


    From: 3/31/20, 5/12/20 EH     

    Docket 278


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Woodcrest Ace Hardware Inc. Represented By

    Robert B Rosenstein

    Movant(s):

    Woodcrest Ace Hardware Inc. Represented By

    Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein

    2:00 PM

    6:19-17537


    Jauregui Trucking, Inc.


    Chapter 11


    #18.00 CONT Approval of Disclosure Statement From: 3/24/20, 4/21/20

    Also # 19 & # 20 EH     

    Docket 107

    *** VACATED *** REASON: CASE DISMISSED 6/24/20

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Jauregui Trucking, Inc. Represented By Andrew S Bisom

    2:00 PM

    6:19-17537


    Jauregui Trucking, Inc.


    Chapter 11


    #19.00 CONT Order (1) Setting Scheduling Hearing And Case Management Conference And (2) Requiring Status Report


    From:10/1/19, 11/12/19, 12/10/19, 1/7/20, 3/10/20, 3/24/20, 4/21/20


    Also # 18 & # 20 EH     

    Docket 4

    *** VACATED *** REASON: CASE DISMISSED 6/24/20

    Tentative Ruling:


Here, Debtor had a previous Chapter 13 case dismissed on May 14, 2020, less than one year before the instant case was filed. Debtor not having filed a motion to continue the automatic stay, the automatic stay expired on August 1, 2020. Therefore, the automatic stay no longer being in effect, the Court is inclined to DENY the motion as MOOT.

11:00 AM

CONT...


Francisco Javier Escareno


Chapter 13


APPEARANCES REQUIRED.

Party Information

Debtor(s):

Francisco Javier Escareno Represented By Brian J Soo-Hoo

Movant(s):

American Honda Finance Represented By Vincent V Frounjian

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-14303


Jaime Valdez


Chapter 7


#3.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2019 TOYOTA PRIUS; VIN # JTDKARFP1K3109826


MOVANT: FIRST TECH FEDERAL CREDIT UNION


EH     


Docket 9

Tentative Ruling: 8/18/2020

Service: Proper

Opposition: None


The Court is inclined to:


-GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1) and (2)

-GRANT waiver of Rule 4001(a)(3) stay

-GRANT request under ¶ 2


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

Debtor(s):

Jaime Valdez Represented By

James P Doan

Movant(s):

First Tech Federal Credit Union Represented By Arnold L Graff

11:00 AM

CONT...

Trustee(s):


Jaime Valdez


Chapter 7

Charles W Daff (TR) Pro Se

11:00 AM

6:20-14205


Jorge Cazarez


Chapter 7


#4.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2019 JEEP CHEROKEE, VIN 1C4PJLLN8KD298006


MOVANT: SANTANDER CONSUMER USA INC


EH         


Docket 7

Tentative Ruling: 8/18/2020

Service: Proper

Opposition: None


11 U.S.C. § 365(p)(1) provides: "If a lease of personal property is rejected or not timely assumed by the trustee under subsection (d), the leased property is no longer property of the estate and the stay under section 362(a) is automatically terminated." Here, the deadline for Trustee to assume the lease under 11 U.S.C. § 365(d) was August 17, 2020. The deadline having passed, the automatic stay has terminated by operation of law pursuant to § 365(p). Therefore, the Court is inclined to DENY the motion as MOOT.


APPEARANCES REQUIRED.

Party Information

Debtor(s):

Jorge Cazarez Represented By Edgar P Lombera

Movant(s):

Santander Consumer USA Inc. dba Represented By

Sheryl K Ith

11:00 AM

CONT...

Trustee(s):


Jorge Cazarez


Chapter 7

Larry D Simons (TR) Pro Se

11:00 AM

6:20-14204


David F Ruvalcaba


Chapter 7


#5.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2015 Chevrolet Cruze 1LT Sedan 4D


MOVANT: EXETER FINANCE, LLC


EH     


Docket 9

Tentative Ruling: 8/18/2020

Service: Proper

Opposition: None


The Court is inclined to:


-GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1) and (2)

-GRANT waiver of Rule 4001(a)(3) stay

-GRANT request under ¶ 2


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

Debtor(s):

David F Ruvalcaba Represented By Edgar P Lombera

Movant(s):

Exeter Finance, LLC Represented By Marjorie M Johnson

11:00 AM

CONT...

Trustee(s):


David F Ruvalcaba


Chapter 7

Larry D Simons (TR) Pro Se

11:00 AM

6:20-14157


Nina C Kwak


Chapter 7


#6.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2014 BMW 3 Series 328d xDrive Sedan 4D


MOVANT: BMW BANK OF NORTH AMERICA


EH         


Docket 10

Tentative Ruling: 8/18/2020

Service: Proper

Opposition: None


The Court is inclined to:


-GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1) and (2)

-GRANT waiver of Rule 4001(a)(3) stay

-GRANT request under ¶ 2


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

Debtor(s):

Nina C Kwak Represented By

Paul Y Lee

Movant(s):

BMW Bank of North America Represented By Marjorie M Johnson

11:00 AM

CONT...

Trustee(s):


Nina C Kwak


Chapter 7

Howard B Grobstein (TR) Pro Se

11:00 AM

6:20-14076


Shirley Henrietta Harris


Chapter 13


#7.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: VEHICLE 2012 Jeep Liberty V6


MOVANT: ONEMAIN FINANCIAL GROUP LLC


EH     


Docket 14

Tentative Ruling: 8/18/2020

Service: Proper

Opposition: None


The Court is inclined to:


-GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1)

-DENY request for relief from stay pursuant to 11 U.S.C. § 362(d)(2) for lack of cause shown

-GRANT waiver of Rule 4001(a)(3) stay

-GRANT request under ¶ 2


APPEARANCES REQUIRED.

Party Information

Debtor(s):

Shirley Henrietta Harris Represented By

Ethan Kiwhan Chin

Movant(s):

THE DUNNING LAW FIRM APC Represented By

James MacLeod

11:00 AM

CONT...

Trustee(s):


Shirley Henrietta Harris


Chapter 13

Rod Danielson (TR) Pro Se

11:00 AM

6:20-13702


Ashley Ann Park


Chapter 7


#8.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2019 Honda Clarity, VIN: JHMZ C5F1 1KC0 05624


MOVANT: AMERICAN HONDA FINANCE CORPORATION


EH        


Docket 9

Tentative Ruling: 8/18/2020

Service: Proper

Opposition: None


The Court is inclined to:


-GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1) and (2)

-GRANT waiver of Rule 4001(a)(3) stay

-GRANT request under ¶ 2


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

Debtor(s):

Ashley Ann Park Represented By Krystina T Tran

Movant(s):

American Honda Finance Represented By Vincent V Frounjian

11:00 AM

CONT...

Trustee(s):


Ashley Ann Park


Chapter 7

Robert Whitmore (TR) Pro Se

11:00 AM

6:20-13003


Mumtaz Sajjad


Chapter 7


#9.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 7419 Via Deldene, Highland, California 92346


MOVANT: MICHAEL W. DOUGLAS AND CINDY DOUGLAS, TRUSTEES OF THE SECOND AMENDED AND RESTATED, MICHAEL W. DOUGLAS AND CINDY DOUGLAS REVOCABLE TRUST DATED APRIL 10, 2017


From: 6/16/20, 6/30/20, 7/28/20 EH     

Docket 22

Tentative Ruling: Tentative Ruling:

Service: Proper Opposition: None


6/16/20


On May 22, 2020, Michael W. Douglas and Cindy Douglas, Trustees of the Second Amended and Restated, Michael W. Douglas and Cindy Douglas Revocable Trust (hereinafter "Douglas’ Trust") filed this motion for relief from stay pursuant to 11

U.S.C. §§ 362(d)(1) and 362(d)(2) regard to the Property located at 7419 Via Deldene, Highland, California 92346.


To attain relief from stay under 11. U.S.C §362(d)(1) "cause" must be shown. Douglas’ Trust claims that there is a lack of adequate protection of its interest in its property because of property taxes and a mechanic’s lien. Adequate protection is intended to compensate a secured creditor whose collateral declines in value while it is in the possession of, and being used by, a…debtor." People’s Capital& Leasing

11:00 AM

CONT...


Mumtaz Sajjad


Chapter 7

Corp. v. Big3d, Inc., 438 B.R. 214, 220 (B.A.P. 9th Cir. 2010).


By providing Deed of Trust and Assignment of Rent, Note, Trustee’s Sale Guarantee, and Claim of Mechanics Lien, Douglas’ Trust has shown neither is there any equity nor is its interest adequately protected. In re Gauvin, 24 B.R. 578, 580 (B.A.P. 9th Cir. 1982); See also In re Mellor, 734 F.2d 1396 (9th Cir. 1985) (equity cushion of twenty percent sufficient).


To receive relief under 11 U.S.C. § 362(d)(2), both elements— (1) debtor has no equity in the property and (2) property is not necessary for an effective organization— must be met. 3 Collier on Bankruptcy ¶ 362.07[4] (Richard Levin & Henry J. Sommer eds., 16th ed.). Douglas’ Trust has provided evidence that Debtor does not have any equity in the property.


The burden now shifts to the opposing party, the Debtor, to show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1). 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.).


The Trustee’s opposition does not address the (d)(2) request, and also points to the approximate 12% equity cushion for purposes of (d)(1), which the Court finds insufficient. Further, without evidence of valuation, there is no basis to deny the motion or continue the hearing.


Debtor responded to the motion, claiming that she is in the process of a "new loan process," will be filing an adversary proceeding, a motion to strip a lien, or both. Dkt. No. 30. Debtor also claims that Douglas’ Trust has acted in bad faith because it has interfered with Debtor’s ability to refinance by contacting potential lenders and disparaging Debtor and Debtor’s spouse. Id.


However, Debtor has not challenged the mechanics lien by adversary and otherwise does not provide grounds to deny the motion.


The tentative ruling is to GRANT the motion.

11:00 AM

CONT...


Mumtaz Sajjad


Chapter 7

APPEARANCES REQURED.


Party Information

Debtor(s):

Mumtaz Sajjad Represented By Michael R Perry

Movant(s):

Michael W. Douglas and Cindy Represented By Martin W. Phillips

Trustee(s):

Larry D Simons (TR) Pro Se

11:00 AM

6:20-10242


Jeff Book


Chapter 13


#10.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2015 Chevrolet Silverado 1500 VIN: 3GCPCREC1FG237629 UNDER 11 U.S.C. § 362


MOVANT: US BANK NATIONAL ASSOCIATION


EH         


Docket 47


Tentative Ruling:

8/18/2020


Service: Proper

Opposition: Yes


11 U.S.C. § 362(c)(3)(A) provides that


  1. if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding 1-year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under section 707(b) –

    1. the stay under subsection (a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case;


Here, Debtor had a previous Chapter 13 case dismissed on January 8, 2020, less than one year before the instant case was filed. Debtor’s motion to continue the automatic stay having been denied at a hearing held on February 11, 2020, the automatic stay expired on February 13, 2020. Therefore, the automatic stay no longer being in effect, the Court is inclined to DENY the motion as MOOT.

11:00 AM

CONT...


Jeff Book


Chapter 13


APPEARANCES REQUIRED.

Party Information

Debtor(s):

Jeff Book Represented By

Eric C Morris

Movant(s):

U.S. Bank National Association Represented By

Dane W Exnowski

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10235


Troy Brooks


Chapter 7


#11.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 30103 Illinois Street, Lake Elsinore, California 92530 with Exhibits and Proof of Service


MOVANT: PENNYMAC LOAN SERVICES, LLC


EH        


Docket 34

Tentative Ruling: 8/18/2020

Service: Proper

Opposition: None


The Court is inclined to:


-GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1)

-GRANT waiver of Rule 4001(a)(3) stay

-GRANT requests under ¶¶ 2 and 3


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

Debtor(s):

Troy Brooks Represented By

Kevin Tang

Movant(s):

PennyMac Loan Services, LLC Represented By Robert P Zahradka

11:00 AM

CONT...

Trustee(s):


Troy Brooks


Chapter 7

Robert Whitmore (TR) Pro Se

11:00 AM

6:19-20828


Rachell E Stirrat


Chapter 13


#12.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2014 Ford Focus (VIN# 1FADP3J23EL267272)


MOVANT: FIREFIGHTERS FIRST CREDIT UNION


EH        


Docket 26

Tentative Ruling: 8/18/2020

Service: Proper

Opposition: None


The Court is inclined to:


-GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1)

-GRANT waiver of Rule 4001(a)(3) stay

-GRANT request under ¶ 2

-DENY alternative request under ¶ 11 as moot


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

Debtor(s):

Rachell E Stirrat Represented By Neil R Hedtke

Movant(s):

Firefighters First Credit Union Represented By Alana B Anaya

11:00 AM

CONT...

Trustee(s):


Rachell E Stirrat


Chapter 13

Rod Danielson (TR) Pro Se

11:00 AM

6:19-19391


Florence Marie Rodriguez


Chapter 13


#13.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 29212 Mesa Crest Way, Menifee, CA 92584


MOVANT: U.S. BANK NATIONAL ASSOCIATION


From: 5/19/20, 6/30/20 EH     

Docket 35

*** VACATED *** REASON: STIPULATED ORDER ENTERED 7/21/20

Tentative Ruling: Tentative Ruling:

5/19/20


Service: Proper Opposition: None


To attain relief from stay under 11. U.S.C § 362(d)(1) "cause" must be shown. U.S. Bank, National Association (hereinafter "U.S. Bank"), as trustee on behalf of the holders of the Citigroup Mortgage Loan Trust Inc. Asset-Backed Pass-Through Certificates, Series 20070-OPX, claims that post-petition post-confirmation mortgage payments due have not been made by the Debtor. "The failure, however, of a debtor to tender post-petition payments to a mortgagee does not mean that the secured creditor must be granted relief from the stay…Evidence of a post-petition delinquency only means that the debtor must then come forward with evidence demonstrating that the mortgagee’s secured interest is adequately protected." In re Middleton Place Assocs., 1993 Bankr. Lexis 2171, *28-*29 (Bankr. E.D. PA, 1993).


Debtor must show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens

11:00 AM

CONT...


Florence Marie Rodriguez


Chapter 13

or otherwise to overcome 11. U.S.C. § 362(d)(1).


Debtor has not opposed the motion. Thus, she has not met her burden. Pursuant to LBR 9013-1(h), if a party does not timely file and serve documents, the Court may deem this lack of action to be consent to the granting or denial of the motion. Thus, the Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. §§ 362(d)(1). GRANT relief from Rule 4001(a)(3) stay. Grant relief pursuant to ¶¶ 2 and 3. Co- debtor stay pursuant to 11. U.S.C. § 1301 is terminated.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


Party Information

Debtor(s):

Florence Marie Rodriguez Represented By Steven A Alpert

Movant(s):

U.S. Bank National Association as Represented By

Nancy L Lee Joseph C Delmotte

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-19255


Kimberley D Blevins


Chapter 13


#14.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 7442 Pheasant Run Road, Riverside, CA 92509


MOVANT: NEWREZ LLC dba SHELLPOINT MORTGAGE SERVICING


From: 7/21/20 EH     

Docket 36


Tentative Ruling:

7/21/20


Service: Proper Opposition: Yes


The Court is inclined to:

Parties to apprise Court of status of adequate protection discussions. APPEARANCES REQUIRED.

Party Information

Debtor(s):

Kimberley D Blevins Represented By Christopher J Langley Michael Smith

Movant(s):

NewRez LLC d/b/a Shellpoint Represented By Christopher Giacinto James F Lewin

11:00 AM

CONT...

Trustee(s):


Kimberley D Blevins


Chapter 13

Rod Danielson (TR) Pro Se

11:00 AM

6:19-18448


James J. Ysais


Chapter 13


#15.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 5705 Hudson Street, Riverside, CA 92509


MOVANT: US BANK TRUST NATIONAL ASSOCIATION


EH        


Docket 49


Tentative Ruling:

8/18/2020


Service: Proper

Opposition: None


11 U.S.C. § 362(c)(3)(A) provides that


  1. if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding 1-year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under section 707(b) –

    1. the stay under subsection (a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case;


      Here, Debtor had a previous Chapter 13 case dismissed on August 2, 2019, less than one year before the instant case was filed. Debtor not having filed a motion to continue the automatic stay, the automatic stay expired on October 25, 2019.

      Therefore, the automatic stay no longer being in effect, the Court is inclined to DENY the motion as MOOT.


      APPEARANCES REQUIRED.

      11:00 AM

      CONT...


      Debtor(s):


      James J. Ysais


      Party Information


      Chapter 13

      James J. Ysais Represented By

      James D. Hornbuckle

      Movant(s):

      US Bank Trust NA Represented By

      Lemuel Bryant Jaquez Angie M Marth

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:19-16809


      Josephine H Holguin


      Chapter 13


      #16.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 15230 Lindhall Way, Whittier, California 90604


      MOVANT: DEUTSCHE BANK NATIONAL TRUST COMPANY


      From: 7/21/20 EH     

      Docket 44


      Tentative Ruling:

      7/21/20


      Service: Proper Opposition: Late

      Parties to apprise Court of adequate protection discussions, if any. APPEARANCES REQUIRED.

      Party Information

      Debtor(s):

      Josephine H Holguin Represented By Richard L Barrett

      Movant(s):

      Deutsche Bank National Trust Represented By Bonni S Mantovani

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:19-15270


      La Chatta P Hunter


      Chapter 13


      #17.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 26670 Tellis Place, Hemet, CA 92544


      MOVANT: WILMINGTON TRUST NATIONAL ASSOCIATION


      EH        


      Docket 38

      Tentative Ruling: 8/18/2020

      Service: Proper

      Opposition: None

      Parties to apprise Court of status of adequate protection discussions. APPEARANCES REQUIRED.

      Party Information

      Debtor(s):

      La Chatta P Hunter Represented By Daniel King

      Movant(s):

      Wilmington Trust National Represented By Sean C Ferry

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:19-13037


      Hong Song and XiaoTao Zhai


      Chapter 13


      #18.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2018 Toyota Sienna


      MOVANT: TOYOTA MOTOR CREDIT CORPORATION


      EH         


      Docket 49

      Tentative Ruling: 8/18/2020

      Service: Proper

      Opposition: None


      The Court is inclined to:


      -GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1)

      -GRANT waiver of Rule 4001(a)(3) stay

      -GRANT request under ¶ 2

      -DENY alternative request under ¶ 11 as moot


      APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

      Party Information

      Debtor(s):

      Hong Song Represented By

      Jonathan J. Lo Michael Y Lo

      Joint Debtor(s):

      XiaoTao Zhai Represented By Jonathan J. Lo

      11:00 AM

      CONT...


      Movant(s):


      Hong Song and XiaoTao Zhai


      Michael Y Lo


      Chapter 13

      Toyota Motor Credit Corporation Represented By

      Austin P Nagel

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:19-12398


      Jerry Melendrez and Laura Therese Melendrez


      Chapter 13


      #19.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 17016 Ocotilla Road, Apple Valley, CA 92307


      MOVANT: BOSCO CREDIT LLC


      From: 6/30/20, 7/28/20 EH     

      Docket 54

      *** VACATED *** REASON: ORDER ENTERED 7/29/20

      Tentative Ruling: Tentative Ruling:

      6/30/20


      Service: Proper Opposition: Debtor


      To attain relief from stay under 11. U.S.C §362(d)(1) "cause" must be shown. Bosco Credit, LLC (hereinafter "Bosco Credit") claims that post-petition post-confirmation mortgage payments due have not been made by the Debtors. "The failure, however, of a debtor to tender post-petition payments to a mortgagee does not mean that the secured creditor must be granted relief from the stay…Evidence of a post-petition delinquency only means that the debtor must then come forward with evidence demonstrating that the mortgagee’s secured interest is adequately protected." In re Middleton Place Assocs., 1993 Bankr. Lexis 2171, *28-*29 (Bankr. E.D. PA, 1993).


      By providing the Home Equity Line of Credit Agreement and Disclosure Statement, Variable Interest Rate Revolving Line of Creed Deed of Trust, the Assignment of Deed to Trust, and the ledger of loan payments, Bosco Credit has established "cause" for relief under 11 U.S.C § 362(d)(1). In re Kim, 71 B.R. 1011, 1014 (Bankr. C.D.

      11:00 AM

      CONT...


      Jerry Melendrez and Laura Therese Melendrez


      Chapter 13

      Cal. 1987).


      The burden now shifts to the opposing party, the Debtors, to show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1). 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.).


      Debtors have opposed this motion. Dkt. No. 56. Debtor, Jerry Melendrez, declares that on June 9, 2020, he paid $1,588.00 and on June 12, 2020, he paid $1,748.00 to Bosco Credit. Id. at Decl. of Jerry Melendrez. He provided a confirmation number for each payment. He also claims that, by the hearing date, he will be current and the property is necessary for an effective reorganization.


      Parties are to inform the Court of the current status of the delinquencies.


      APPEARANCES REQUIRED.


      Party Information

      Debtor(s):

      Jerry Melendrez Represented By Todd L Turoci

      Joint Debtor(s):

      Laura Therese Melendrez Represented By Todd L Turoci

      Movant(s):

      BOSCO CREDIT LLC Represented By Kelsey X Luu James F Lewin

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:19-12219


      Michael Lawrence Ricks and Debra Jean Ricks


      Chapter 13


      #20.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1073 Hisse Drive, San Jacinto, California 92583


      MOVANT: U.S. BANK NATIONAL ASSOCIATION


      From: 7/28/20 EH     

      Docket 37

      Tentative Ruling: Tentative Ruling:

      7/28/20


      Service: Proper Opposition: None


      To attain relief from stay under 11. U.S.C §362(d)(1) "cause" must be shown. U.S. Bank National Association, as Indenture Trustee, on behalf of the holder of Terwin Mortgage Trust (hereinafter "U.S. Bank - Terwin") claims that post-petition post- confirmation mortgage payments due have not been made by Debtors. "The failure, however, of a debtor to tender post-petition payments to a mortgagee does not mean that the secured creditor must be granted relief from the stay…Evidence of a post- petition delinquency only means that the debtor must then come forward with evidence demonstrating that the mortgagee’s secured interest is adequately protected." In re Middleton Place Assocs., 1993 Bankr. Lexis 2171, *28-*29 (Bankr. E.D. PA, 1993).


      By providing the Note, Balloon Note Addendum Second Mortgage, Deed of Trust, Assignment of Deed of Trust, Modification Agreement and the ledger of loan

      11:00 AM

      CONT...


      Michael Lawrence Ricks and Debra Jean Ricks


      Chapter 13

      payments, U.S. Bank - Terwin has established "cause" for relief under 11 U.S.C § 362(d)(1). In re Kim, 71 B.R. 1011, 1014 (Bankr. C.D. Cal. 1987).


      The burden now shifts to the opposing party, the Debtors, to show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1). 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.).


      Debtors have opposed this motion. Debtors claim (1) more payments have been made to U.S. Bank – Terwin than the motion accounts for, and (2) the property is fully provided for in the Chapter 13 plan. Dkt. No. 39. Pg. 3. Debtors also assert that all post-petition arrearages will be cured by the hearing date and all post-petition plan payments are current. Id. Debtors allege that movant’s counsel informed Debtors’ counsel that "the Debtors have brought the loan post-petition current." Id.


      The parties to confirm whether Debtors are current. APPEARANCES REQUIRED.

      Party Information

      Debtor(s):

      Michael Lawrence Ricks Represented By

      Richard Komisars III

      Joint Debtor(s):

      Debra Jean Ricks Represented By

      Richard Komisars III

      Movant(s):

      U. S. Bank National Association, as Represented By

      Kirsten Martinez

      11:00 AM

      CONT...

      Trustee(s):


      Michael Lawrence Ricks and Debra Jean Ricks


      Chapter 13

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:19-11692


      Julian Keith A. Vernon and Marie A. Vernon


      Chapter 13


      #21.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 2371 Silver Oak Circle, Corona, California 92882


      MOVANT: U.S. BANK NATIONAL ASSOCIATION


      EH     


      Docket 37

      Tentative Ruling: 8/18/2020

      Service: Proper

      Opposition: None


      The Court is inclined to:


      -GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1)

      -GRANT waiver of Rule 4001(a)(3) stay

      -GRANT request under ¶¶ 2, 3, and 12

      -DENY alternative request under ¶ 13 as moot


      APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

      Party Information

      Debtor(s):

      Julian Keith A. Vernon Represented By

      Stuart G Steingraber

      Joint Debtor(s):

      Marie A. Vernon Represented By

      Stuart G Steingraber

      11:00 AM

      CONT...

      Movant(s):


      Julian Keith A. Vernon and Marie A. Vernon


      Chapter 13

      U.S. Bank National Association, as Represented By

      Austin P Nagel

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:19-11103


      Golda Y Williams


      Chapter 13


      #22.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 7253 Seeley Court, Highland, California 92346


      MOVANT: BANK UNITED NA


      EH        


      Docket 48

      Tentative Ruling: 8/18/2020

      Service: Proper

      Opposition: None

      Parties to apprise Court of status of adequate protection discussions. APPEARANCES REQUIRED.

      Party Information

      Debtor(s):

      Golda Y Williams Represented By Daniel King

      Movant(s):

      BANK UNITED N.A. Represented By Julian T Cotton Sean C Ferry

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:19-10273


      Maisha Lenette Ghant-Elie


      Chapter 13


      #23.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 3974 Quartzite Ln., San Bernardino, California 92407-0420


      MOVANT: US BANK NATIONAL ASSOCIATION


      From: 7/21/20 EH         

      Docket 82


      Tentative Ruling:

      7/21/20


      Service: Proper Opposition: Yes


      The Court is inclined to:


      -GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1)

      -GRANT waiver of Rule 4001(a)(3) stay

      -GRANT requests under ¶¶ 2 and 3

      -DENY request for relief from § 1301 co-debtor stay because it does not appear that the motion was served on any "co-debtor"

      -DENY alternative request under ¶ 13 as moot.


      APPEARANCES REQUIRED.

      Party Information

      Debtor(s):

      Maisha Lenette Ghant-Elie Represented By John F Brady

      11:00 AM

      CONT...

      Movant(s):


      Maisha Lenette Ghant-Elie


      Chapter 13

      U.S. Bank National Association Represented By Sean C Ferry Natalie E Lea

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:18-12958


      Noemi Patricia Nuno


      Chapter 13


      #24.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 316 Date Street, Lake Elsinore, California 92530


      MOVANT: PENNYMAC LOAN SERVICES LLC


      From: 7/28/20 EH     

      Docket 38

      *** VACATED *** REASON: ORDER ENTERED 8/7/20

      Tentative Ruling: Tentative Ruling:

      7/28/20


      Service: Proper Opposition: None


      To attain relief from stay under 11. U.S.C §362(d)(1) "cause" must be shown. PennyMac Loan Services, LLC (hereinafter "PennyMac") claims that post-petition post-confirmation mortgage payments due have not been made by the Debtor. "The failure, however, of a debtor to tender post-petition payments to a mortgagee does not mean that the secured creditor must be granted relief from the stay…Evidence of a post-petition delinquency only means that the debtor must then come forward with evidence demonstrating that the mortgagee’s secured interest is adequately protected." In re Middleton Place Assocs., 1993 Bankr. Lexis 2171, *28-*29 (Bankr. E.D. PA, 1993).


      By providing the Deed of Trust, Assignment of Deed of Trust, and the ledger of loan payments, PennyMac has established "cause" for relief under 11 U.S.C § 362(d)(1). In re Kim, 71 B.R. 1011, 1014 (Bankr. C.D. Cal. 1987).

      11:00 AM

      CONT...


      Noemi Patricia Nuno


      Chapter 13


      The burden now shifts to the opposing party, the Debtor, to show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1). 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.).


      Debtor has not opposed this motion. Thus, she has not met her burden. Pursuant to LBR 9013-1(h), if a party does not timely file and serve documents, the Court may deem this lack of action to be consent to the granting or denial of the motion. Thus, the Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1). GRANT relief from Rule 4001(a)(3) stay. GRANT request under ¶¶ 2 and 3. DENY request under ¶13 as moot.


      APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


      Party Information

      Debtor(s):

      Noemi Patricia Nuno Represented By Brian J Soo-Hoo

      Movant(s):

      PennyMac Loan Services, LLC Represented By Robert P Zahradka

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:17-20217


      Gregory Lincoln and Norma Araceli Lincoln


      Chapter 13


      #25.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 15695 Joshua St, Hesperia, California 92345


      MOVANT: PENNYMAC LOAN SERVICES, LLC


      From: 6/30/20 EH         

      Docket 65

      *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/13/20

      Tentative Ruling:

      • NONE LISTED -

        Party Information

        Debtor(s):

        Gregory Lincoln Represented By Dana Travis

        Joint Debtor(s):

        Norma Araceli Lincoln Represented By Dana Travis

        Movant(s):

        PennyMac Loan Services, LLC Represented By Robert P Zahradka

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:17-10772


        Neil Gary Moon and Mary Laura Moon


        Chapter 13


        #26.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 77825 Delaware Place, Palm Desert, California 92260


        MOVANT: DEUTSCHE BANK NATIONAL TRUST COMPANY


        From: 7/21/20 EH     

        Docket 57


        Tentative Ruling:

        7/21/20


        Service: Proper Opposition: None


        The Court is inclined to:


        -GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1)

        -GRANT waiver of Rule 4001(a)(3) stay

        -GRANT requests under ¶¶ 2 and 3

        -DENY request for relief from § 1301 co-debtor stay because it does not appear that the motion was served on any "co-debtor"

        -DENY alternative request under ¶ 13 as moot.


        APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

        Party Information

        Debtor(s):

        Neil Gary Moon Represented By Jenny L Doling

        11:00 AM

        CONT...


        Neil Gary Moon and Mary Laura Moon


        Chapter 13

        Joint Debtor(s):

        Mary Laura Moon Represented By Jenny L Doling

        Movant(s):

        DEUTSCHE BANK NATIONAL Represented By

        April Harriott Keith Labell Theron S Covey Eric P Enciso Sean C Ferry

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:16-11165


        Efrain Figueroa


        Chapter 13


        #27.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 729 North Baker Avenue, Ontario, California 91764


        MOVANT: BANK OF AMERICA, NA


        EH        


        Docket 58

        Tentative Ruling: 8/18/2020

        Service: Proper

        Opposition: Yes


        Subject to Debtor having cured the delinquency and/or the parties have reached a forbearance agreement or an adequate protection stipulation, the Court is inclined to:


        -GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1)

        -GRANT relief from § 1301(a) co-debtor stay

        -GRANT waiver of Rule 4001(a)(3) stay

        -GRANT request under ¶ 2

        -DENY request under ¶ 3 for lack of cause shown


        APPEARANCES REQUIRED.

        Party Information

        Debtor(s):

        Efrain Figueroa Represented By

        Raj T Wadhwani

        Movant(s):

        Bank of America, N.A. Represented By

        11:00 AM

        CONT...


        Trustee(s):


        Efrain Figueroa


        William F McDonald III Anna Landa

        Bonni S Mantovani Cassandra J Richey Alexander G Meissner Diana Torres-Brito Christopher Giacinto Julian T Cotton


        Chapter 13

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:14-15246


        David J Macias and Martha Macias


        Chapter 13


        #28.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 5468 Ash Street, Riverside Area, California, 92509 UNDER 11 U.S.C. § 362


        MOVANT: THE BANK OF NEW YORK MELLON


        EH         


        Docket 101

        Tentative Ruling: 8/18/2020

        Service: Proper

        Opposition: None


        Debtors having received their discharges in their Chapter 13 case, the property of the estate has revested in Debtors pursuant to Section VI of the confirmed Chapter 13 plan, and the automatic stay has terminated as a matter of law pursuant to 11 U.S.C. § 362(c)(1) and § 362(c)(2)(C). Therefore, the Court is inclined to DENY the motion as MOOT.


        APPEARANCES REQUIRED.

        Party Information

        Debtor(s):

        David J Macias Represented By Marjorie M Johnson

        Joint Debtor(s):

        Martha Macias Represented By Marjorie M Johnson

        11:00 AM

        CONT...

        Movant(s):


        David J Macias and Martha Macias


        Chapter 13

        The Bank of New York Mellon Represented By

        Dane W Exnowski

        Trustee(s):

        Rod Danielson (TR) Pro Se

        2:00 PM

        6:20-14172


        Ryan Estates, LLC


        Chapter 11


        #29.00 Motion to Dismiss Involuntary Case Also #30

        EH         


        Docket 12

        *** VACATED *** REASON: CONTINUED TO 8/25/20 AT 2:00 P.M.

        Tentative Ruling:

      • NONE LISTED -

        Party Information

        Debtor(s):

        Ryan Estates, LLC Represented By Sevan Gorginian

        Movant(s):

        Ryan Estates, LLC Represented By Sevan Gorginian

        2:00 PM

        6:20-14172


        Ryan Estates, LLC


        Chapter 11


        #30.00 Status Conference RE: [1] Chapter 11 Involuntary Petition Against:Jayshree Shah, Mary J. Hilyard, Sandhya Gandhi, Niki Alexander Shetty


        Also #29 EH         

        Docket 1

        *** VACATED *** REASON: CONTINUED TO 8/25/20 AT 2:00 P.M.

        Tentative Ruling:

      • NONE LISTED -

        Party Information

        Debtor(s):

        Ryan Estates, LLC Represented By Sevan Gorginian

        2:00 PM

        6:20-13525


        Dimlux, LLC


        Chapter 11


        #31.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 12854 San Timoteo Canyon Rd. Redlands, CA 92373


        MOVANT: HENRY WILLIAM SHELTON, TRUSTEE FO THE HENRY WILLIAM SHELTON TRUST DATED NOVEMBER 22, 2019 AS TO AN UNDIVIDED 28.37%


        Also #32 EH     

        Docket 32

        Tentative Ruling: 8/18/2020

        Service: Proper

        Opposition: None


        The Court is inclined to:


        -GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1) and (4) based upon bad faith. Specifically, the Court notes that this case was filed only thirteen days after the dismissal of Debtor’s previous case, and Movant has provided evidence that Debtor’s interest in the subject property, if any, only arises from the recordation of an unauthorized short form deed of trust recorded during the pendency of the earlier case. Additionally, the Court notes that Debtor has not scheduled the subject property.

        Finally, the Court notes that on July 27, 2020, UST filed a notice identifying Debtor’s failure to perform its duties under the Bankruptcy Code.

        -DENY request for relief from stay pursuant to 11 U.S.C. § 362(d)(2) based on lack of cause shown.

        -GRANT waiver of Rule 4001(a)(3) stay

        -GRANT request under ¶ 2

        2:00 PM

        CONT...


        Dimlux, LLC


        Chapter 11

        -DENY request for annulment of the automatic stay based on Movant’s failure to provide any evidence relating to or supporting the request.


        APPEARANCES REQUIRED.

        Party Information

        Debtor(s):

        Dimlux, LLC Represented By

        Donald Beury

        Movant(s):

        Henry William Shelton, Trustee of Represented By

        Bonni S Mantovani

        2:00 PM

        6:20-13525


        Dimlux, LLC


        Chapter 11


        #32.00 CONT Order (1) Setting Scheduling Hearing And Case Management Conference And (2) Requiring Status Report


        From: 7/28/20 Also #31

        EH     


        Docket 29


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Dimlux, LLC Represented By

        Donald Beury

        2:00 PM

        6:19-21185


        Sunyeah Group Corporation


        Chapter 11


        #33.00 CONT Order (1) Setting Scheduling Hearing And Case Management Conference And (2) Requiring Status Report


        From: 2/4/20, 5/5/20 EH     

        Docket 3


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Sunyeah Group Corporation Represented By David B Golubchik Jeffrey S Kwong

        10:00 AM

        6:20-13968


        Esmeralda Gonzalez


        Chapter 7


        #1.00 Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation re 2017 Toyota Prius


        EH     


        Docket 8


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Esmeralda Gonzalez Represented By Joseph C Rosenblit

        Trustee(s):

        Karl T Anderson (TR) Pro Se

        10:00 AM

        6:20-13894


        Cristina L Talamantes


        Chapter 7


        #2.00 Pro se Reaffirmation Agreement Between Debtor and American Honda Finance Corporation re: 2016 Honda Accord


        EH        


        Docket 10


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Cristina L Talamantes Pro Se

        Trustee(s):

        Larry D Simons (TR) Pro Se

        10:00 AM

        6:20-13573


        Jose Luis Raygoza and Vera Helen Raygoza


        Chapter 7


        #3.00 Pro se Reaffirmation Agreement Between Debtor and WELLS FARGO AUTO re 2015 Toyota Prius


        EH     


        Docket 23


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Jose Luis Raygoza Pro Se

        Joint Debtor(s):

        Vera Helen Raygoza Pro Se

        Trustee(s):

        Howard B Grobstein (TR) Pro Se

        10:00 AM

        6:20-13110


        Sandra Valladares


        Chapter 7


        #4.00 Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation re 2013 Toyota Tacoma


        EH     


        Docket 9


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Sandra Valladares Represented By Marlin Branstetter

        Trustee(s):

        Todd A. Frealy (TR) Pro Se

        10:00 AM

        6:20-12905


        Penni Renee Anwar


        Chapter 7


        #5.00 Pro se Reaffirmation Agreement Between Debtor and Hyundai Motor Finance re 2019 Hyundai Elantra


        EH     


        Docket 11


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Penni Renee Anwar Represented By Daniel King

        Trustee(s):

        Charles W Daff (TR) Pro Se

        11:00 AM

        6:12-11935


        James S Ash, Sr. and Stephanie A Ash


        Chapter 7


        #6.00 Motion to Avoid Lien with Steven I. Gassner EH         

        Docket 32

        Tentative Ruling: 8/19/20

        BACKGROUND


        On January 25, 2012 (hereinafter the "Petition Date"), James S. Ash, Senior (hereinafter "Debtor") and Stephanie A. Ash (hereinafter "Joint Debtor") (collectively hereinafter "Debtors") filed for Chapter 7 voluntary petition.


        In their commencement document, Debtors stated that they resided at 1816 Jeanna Place, Upland, CA 91784 (hereinafter the "Property"). The Property was valued at $439,100, and it was held as collateral for numerous claims totaling more than $650,000.00. Debtors received a discharge on May 2, 2012, and their case was closed on May 15, 2012.


        Debtors filed a motion to reopen their case on April 6, 2020. The motion was granted, allowing Debtors to attempt to avoid junior liens on their Property. Debtor filed numerous lien avoidance motions, including this one to avoid lien owed to Stephen I. Gassner. Simultaneously, Debtor filed a motion amending their Schedule

        C. In that amended schedule, Debtors exempted $100.00 pursuant to California Civil Code of Civil Procedure § 703.140(b)(1) in regard to their Property.


        DISCUSSION


        1. Exemptions


          11 U.S.C § 522 is the principal section governing exemptions. 11 U.S.C §

          11:00 AM

          CONT...


          James S Ash, Sr. and Stephanie A Ash


          Chapter 7

          522(d) lists certain types of properties and the amount the Debtor can exempt for such type. However, States have the opportunity to prohibit their residents from choosing the exemption stated in that subsection. 11 U.S.C. § 522(b).


          California happens to be one of those States. States that opted-out of the federal exemption provided by 11 U.S.C § 522(d) can limit their residents to the exemptions available under applicable state and non-bankruptcy federal laws. 4 Collier on Bankruptcy ¶ 522.01 (Richard Levin & Henry J. Sommer eds., 16 ed.).


          Under Cal. Code of Civ. Proc. §730.050, the determination of whether property is exempt or the amount of an exemption shall be made by application of the exemption statutes in effect at (1) at the time the judgment creditor’s lien was created or (2) if the judgment creditor’s lien on the property is the latest in a series of overlapping liens, at the time the earliest lien in the series of overlapping liens was created.


          In this case, the first-lien holder, Indymac Bank/Onewest Bank, recorded its lien on April 27, 2007, the second-lien holder, Bank of America, N.A., recorded its lien on April 27, 2007, and Stephen I. Gassner was awarded a judgment lien on November 1, 2011. Thus, as a series of overlapping liens, the date of the first lien recorded, April 27, 2007, is the determining date of the amount and exemption statute applicable.


          Operative since July 1, 1983, California gives its residents one of two options for a homestead exemption: (1) a debtor may elect a set of exemptions under Cal.

          Code of Civ. Proc. §703.140(b)(1) or (2) claim the benefit of the homestead exemptions available to judgment debtors in Cal. Code of Civ. Proc. §704.730, which provides three different amounts—$75,000, $100,000, and $175,000. In re Pladson, 35 F.3d 462, 464 (9th Cir. Ct. App. 1994).


          In this case, Debtors elected the "wildcard exemption." The Debtors are allowed an exemption up to $17,425.00 of their aggregate interest in the Property. Debtors have elected to exempt $100.00


          The Court may not refuse to honor the exemption absent a valid statutory basis for doing so. Law v. Siegel, 134 S. Ct. 1188 (2014) (stating a valid statutory basis

          11:00 AM

          CONT...


          James S Ash, Sr. and Stephanie A Ash


          Chapter 7

          would be for 11 U.S.C §§§ 522(c), 522(o), 522(q)). It appears that the Court has no statutory basis to refuse the exemption.


          Furthermore, Pursuant to Federal Rule of Bankruptcy Procedure Rule 4003(b) (3), if an exemption is first claimed after a case is reopened, an objection to the exemption must be filed before the reopened case is closed. 4 Collier on Bankruptcy ¶ 522.05[2][a] (Richard Levin & Henry J. Sommer eds., 16 ed.); see also Taylor v.

          Freeland & Kronz, 503 U.S. 638 (1992) (stating that "unless a party in interest objects, the property claimed as exempt…is exempt."). No objection has been filed.


        2. Valuation of the Property


          In 11 U.S.C. § 522(a)(2), "‘value’ is defined as ‘fair market value’ as of the date of the filing of the petition’ unless the property does not enter the estate until after the petition has been filed, in which case the value is determined ‘as of the date such property become property of the estate." 4 Collier on Bankruptcy ¶ 522.03[2] (Richard Levin & Henry J. Sommer eds., 16 ed.). See also Bfp v. Resolution Trust Corp., 511 U.S. 531, 537 (1994).


          The Debtor provided a fair market valuation using "desktop valuation." Dkt. No. 32, Ex. 2. A "desktop valuation" is an automated computer valuation done using property data, recent comparable sales and property listing…as the name suggests, the valuation can be done from a desk, without needing a valuer to physically visit the property." Home Loan Experts, What is a desktop valuation? (Aug. 11, 2020, 11:57 AM) https://www.homeloanexperts.com.au/home-loan-articles/desktop-valuation/.


          Courts have not agreed on a valuation to be used under 11 U.S.C. §522.

          Furthermore, "the subsection makes it clear that valuation is to be determined in light of the purpose of the valuation and the proposed disposition or use of the subject property." In re Todd, 194 B.R. 892 (Bankr. MT. 1996) (assessing a value of a home under 11 U.S.C. § 522(a)(2)). Nonetheless, the Court finds it appropriate that a comparable-sales approach may be used to evaluate a property that a debtor resides in.


          In addition, the majority of courts have adopted that the appropriate date for valuing a collateral, which fixes a secured creditor’s claim, is the confirmation date or a date close to confirmation. In re Dheming, 2013 Bankr. Lexis 1166 (Bankr. N.D.

          11:00 AM

          CONT...


          James S Ash, Sr. and Stephanie A Ash


          Chapter 7

          Cal. 2013). In this case, the Court accepts the Debtors’ $400,000.00 valuation effective on January 15, 2012.


        3. Lien Avoidance


        11. U.S.C § 522(f):


        "The debtor may avoid the fixing of a lien on an interest of the debtor in property to the extent that such lien impairs an exemption to which the debtor would have been entitled under subsection (b) of this section, if such lien is…(a) a judicial lien…"


        A judicial lien is a "lien obtained by judgment, levy, sequestration, or other legal or equitable process or proceedings." 11 U.S.C. § 101. Debtors provide evidence that a judgment was entered against them, and a lien was awarded to Stephen I. Gassner in the amount of $49,189.72. Dkt. No. 32, Ex. 4. The judicial lien appears of a kind not specified in 11 U.S.C §523(a)(5), domestic support obligation. The Debtor also provided the dates and amounts of when other liens encumbered the property.

        Dkt. No. 32, Ex 4-5.


        It does not matter where the judicial lien is located on the lien hierarchy of the encumbered property. Owen v. Owen, 500 U.S. 305, 311 (1991). What is paramount is "whether the [judicial lien] impairs an exemption to which [the Debtor] would have been entitled to. Id. In this particular case, it does: all current amount of the liens and the exemption, together, total more than $650,000.00.


        Thus, the Court has determined that the judicial lien in the amount of

        $49,189.72 awarded to Stephen I. Gassner impairs the Debtor’s homestead exemption because the lien at issue plus all other liens on the property and the amount of the exemption exceed the value of Debtor’s interest in the property. 11. U.S.C.§522(f)(2).


        There possibly is an exception to the requirement to value the property and calculate the amount of the liens as of the petition date. If the debtor moves to avoid a judicial lien post-discharge, as in this case, an exception to the "petition date calculation" could exist. An injured creditor could be prejudiced if the calculation of

        11:00 AM

        CONT...


        James S Ash, Sr. and Stephanie A Ash


        Chapter 7

        impairment were to be used as of the hearing or motion date. In re Ricks, 62 B.R. 681, 682-83 (Bankr. S.D. Cal. 1986) (where post-discharge motion to avoid lien ruled

        time-barred if the creditor shows detrimental reliance on debtor's prior inaction in avoiding the lien).


        However, the creditor must introduce evidence to demonstrate that it has been prejudiced by the debtors’ delay or relied upon the debtors’ non-action to its detriment. In the current situation, the creditor has neither argued that it has been prejudiced nor has suffered harm due to the debtors’ delay in avoiding the lien. In fact, the creditor did not respond to this motion.


        Finally, the Court notes that it deems failure to file opposition to be consent to the relief requested pursuant to Local Rule 9013-1(h).


        TENTATIVE RULING


        8/19/2020


        Opposition: None Service: Proper


        As set forth above, the judicial lien of Stephen I. Gassner impairs the Debtors’ exemption on their Property, and the Court GRANTS this motion, avoiding this lien in its entirety.


        APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

        Party Information

        Debtor(s):

        James S Ash Sr. Represented By

        Chantell Gonzalez-Nieves Paul Y Lee

        11:00 AM

        CONT...


        James S Ash, Sr. and Stephanie A Ash


        Chapter 7

        Joint Debtor(s):

        Stephanie A Ash Represented By

        Chantell Gonzalez-Nieves Paul Y Lee

        Movant(s):

        James S Ash Sr. Represented By

        Chantell Gonzalez-Nieves Paul Y Lee

        Stephanie A Ash Represented By

        Chantell Gonzalez-Nieves Paul Y Lee

        Trustee(s):

        Robert L Goodrich (TR) Pro Se

        11:00 AM

        6:20-12650


        Monique Ravega


        Chapter 7


        #7.00 Motion to Avoid Lien with Portfolio Recovery Associates, LLC EH         

        Docket 16


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Monique Ravega Represented By Keith Q Nguyen

        Movant(s):

        Monique Ravega Represented By Keith Q Nguyen

        Trustee(s):

        Lynda T. Bui (TR) Pro Se

        11:00 AM

        6:16-20298


        Donald Sutcliffe


        Chapter 7


        #8.00 Motion RE: Objection to Claim Number 3 by Claimant United States of America, Department of the Treasury, Internal Revenue Service


        EH     


        Docket 114


        Tentative Ruling:

      • NONE LISTED -


        Debtor(s):


        Party Information

        Donald Sutcliffe Represented By Scott Talkov

        Movant(s):

        Donald Sutcliffe Represented By Scott Talkov

        Trustee(s):

        John P Pringle (TR) Represented By

        D Edward Hays David Wood Tinho Mang

        11:00 AM

        6:19-20072


        Juan M Arreola Leon and Maria Sandra Arreola


        Chapter 7


        #9.00 Trustee's Final Report and Applications for Compensation EH         

        Docket 25


        Tentative Ruling:

        8/19/20


        Opposition: None Service: Proper


        The application for compensation of the Trustee has been set for hearing on the notice required by LBR 2016-1. Pursuant to the Trustee’s Final Report, the Court is inclined to APPROVE the following administrative expenses:


        Trustee’s Fees: $583.94

        Trustee’s Expenses: $75.04


        APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

        Party Information

        Debtor(s):

        Juan M Arreola Leon Represented By James G. Beirne

        Joint Debtor(s):

        Maria Sandra Arreola Represented By James G. Beirne

        Trustee(s):

        Karl T Anderson (TR) Pro Se

        11:00 AM

        6:19-19674


        James Dimitri Tsirtsis


        Chapter 7


        #10.00 Motion Objecting to Debtor's Amended Exemptions EH        

        Docket 33


        Tentative Ruling:

      • NONE LISTED -


      Debtor(s):


      Party Information

      James Dimitri Tsirtsis Represented By Donald W Sieveke

      Trustee(s):

      Robert Whitmore (TR) Represented By

      Michelle A Marchisotto

      11:00 AM

      6:19-16012


      Carlos J Rojas


      Chapter 7


      #11.00 Motion to Compel the Debtor to Appear for his Meeting of Creditors and to Produce Documents Requested by Trustee Pursuant to Pursuant to 11 U.S.C. § 341(a), 521 and 542


      EH        


      Docket 25

      Tentative Ruling:

      8/19/20

      BACKGROUND


      On July 10, 2019 (hereinafter "Petition Date"), Carlos J. Rojas (hereinafter "Debtor") filed a Chapter 7 voluntary petition. Howard B. Grobstein (hereinafter the "Trustee") was appointed to administer this case. Pursuant to 11 U.S.C. § 341(a), a meeting of the creditors was scheduled for August 13, 2019. On that date, Debtor did attend the meeting; and he was asked to produce several documents, including bank statements that account for an entire year.


      The meeting was continued to October 22, 2019. Id. Debtor did appear, but failed to produce the documents that were requested of him. The meeting was continued to July 9, 20201. Id. Trustee filed this motion requesting that the Court compel Debtor to appear and produce the bank statements, accounting for an entire year, at the meeting of the creditors. Trustee argues that he is unable to fulfill his obligation pursuant to 11 U.S.C. § 704.


      DISCUSSION


      11 U.S.C. § 521:

      11:00 AM

      CONT...


      Carlos J Rojas

      1. The debtor shall—

        1. if a trustee is serving in the case…cooperate with the trustee as


          Chapter 7

          necessary to enable the trustee to perform the trustee’s duties under this title…

        2. if a trustee is serving in the case…surrender to the trustee all property of the estate and any recorded information, including books, documents, records, and papers, relating to property of the estate…


        Attaining bank statements, accounting for the entire year, is interdependent with many duties entrusted to the Trustee, such as, but not limited to, investigating the financial affairs of the Debtor. 11 U.S.C. § 704(a)(4). Therefore, when the Trustee ask the Debtor to provide said document and Debtor does not produce said document, Debtor has failed to cooperate with the Trustee and to surrender any recorded information relating to property of the estate.


        Debtor has not responded to this motion. Pursuant to LBR 9013-1(h), if a party does not timely file and serve documents, the Court may deem this lack of action to be consent to the granting or denial of the motion.


        TENTATIVE RULING



        Motion is GRANTED. Debtor has within ten days of the entry of Court order to produce the requested document.


        APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

        Party Information

        Debtor(s):

        Carlos J Rojas Represented By Hector Vega

        11:00 AM

        CONT...

        Movant(s):


        Carlos J Rojas


        Chapter 7

        Howard B Grobstein (TR) Pro Se

        Trustee(s):

        Howard B Grobstein (TR) Pro Se

        11:00 AM

        6:20-13675


        Arlene Burns


        Chapter 7


        #12.00 Motion to Appoint Armani Burns as Next Friend EH        

        Docket 11


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Arlene Burns Represented By

        Robert L Firth

        Movant(s):

        Arlene Burns Represented By

        Robert L Firth

        Trustee(s):

        Charles W Daff (TR) Pro Se

        11:00 AM

        6:19-15007


        Robert Wayne Young


        Chapter 7


        #13.00 Motion For Sale of Property of the Estate under Section 363(b) - No Fee Chapter 7 Trustee's Notice of Motion and Motion for Order: (1) Authorizing Sale of Real Property Free and Clear of Liens, Claims and Interests Pursuant to 11

        U.S.C. §§ 363(b) and (f); (2) Approving Overbid Procedures; (3) Authorizing Distribution of Sales Proceeds; (4) Waiver of Federal Rule of Bankruptcy Procedure 6004(h); (5) Finding Buyer to Be a Good Faith Purchaser Pursuant to 11 U.S.C. § 363(m); and (6) Requiring Debtor to Turnover Property


        EH     


        Docket 54

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/13/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Robert Wayne Young Represented By Cynthia A Dunning

        Movant(s):

        Karl T Anderson (TR) Represented By Robert P Goe Ryan S Riddles

        Trustee(s):

        Karl T Anderson (TR) Represented By Robert P Goe Ryan S Riddles

        11:00 AM

        6:20-12197


        Russell Ray Bomar, Jr.


        Chapter 7


        #14.00 Order to Show Cause re Contempt and for Sanctions EH        

        Docket 0


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Russell Ray Bomar Jr. Represented By Neil R Hedtke

        Trustee(s):

        Karl T Anderson (TR) Pro Se

        12:00 PM

        6:20-15400


        Fasttrak Foods, LLC


        Chapter 11


        #14.10 Emergency Motion of Debtor and Debtor in Possession for an Order Authorizing Debtor to Pay Pre-Petition: (1) Wages; (2) Employee Deductions; and (3) 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


        EH     


        Docket 18


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Fasttrak Foods, LLC Represented By

        Crystle Jane Lindsey James R Selth Daniel J Weintraub

        Movant(s):

        Fasttrak Foods, LLC Represented By

        Crystle Jane Lindsey James R Selth Daniel J Weintraub

        Trustee(s):

        Caroline Renee Djang (TR) Pro Se

        2:00 PM

        6:20-13417


        Eddie C. DeGracia, Jr.


        Chapter 7

        Adv#: 6:20-01106 Daff v. DeGracia


        #15.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01106. Complaint by Charles W. Daff against Satoko DeGracia. (Charge To Estate - $350.00). FOR:

        1. Avoidance of Intentional Fraudulent Transfers and Recovery of Same [11 U.S.C. §§ 544, 548, 550, 551; CAL. CIV. CODE §§ 3439.04, 3439.07, 3439.08];

        2. Avoidance of Constructive Fraudulent Transfers and Recovery of Same [11 U.S.C. §§ 544, 548, 550, 551; CAL. CIV. CODE §§ 3439.04, 3439.05, 3439.07, 3439.08, 3439.09]; 3. Disallowance of Claims [11 U.S.C. §502(d)]; 4. Unjust Enrichment [11 U.S.C. § 105]; 5. Declaratory Relief [11 U.S.C. §§ 541, 544, 548; FRBP 7001(9)]; and 6. Turnover of Property of the Estate [11 U.S.C. § 542] Nature of Suit: (01 (Determination of removed claim or cause)),(13 (Recovery of money/property - 548 fraudulent transfer)),(91 (Declaratory judgment)),(11 (Recovery of money/property - 542 turnover of property)) (Iskander, Brandon)


        From: 7/22/20 EH     

        Docket 1

        *** VACATED *** REASON: CONTINUED TO 10/28/20 AT 2:00 PM

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Eddie C. DeGracia Jr. Represented By

        James D. Hornbuckle

        Defendant(s):

        Satoko DeGracia Represented By Scott Talkov

        Plaintiff(s):

        Charles W. Daff Represented By Brandon J Iskander

        2:00 PM

        CONT...

        Trustee(s):


        Eddie C. DeGracia, Jr.


        Chapter 7

        Charles W Daff (TR) Represented By Brandon J Iskander

        2:00 PM

        6:20-11944


        Ronald V. Cruz


        Chapter 7

        Adv#: 6:20-01112 Cruz v. Cruz


        #16.00 Status Conference RE: [3] Amended Complaint First Amended Complaint by William H Brownstein on behalf of Patricia Marlen Cruz against all defendants. (RE: related document(s)1 Adversary case 6:20-ap-01112. Complaint by Patricia Marlen Cruz against Ronald V. Cruz. 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)),(64 (Dischargeability - 523(a)(15), divorce/sep property settlement/decree)),(91 (Declaratory judgment)) filed by Plaintiff Patricia Marlen Cruz). (Brownstein, William)


        EH     


        Docket 3


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Ronald V. Cruz Represented By Walter Scott

        Defendant(s):

        Ronald V. Cruz Represented By Walter Scott

        Plaintiff(s):

        Patricia Moonyeen Cruz Represented By

        William H Brownstein

        Trustee(s):

        Charles W Daff (TR) Pro Se

        2:00 PM

        6:19-12819


        Nevin Riad


        Chapter 7

        Adv#: 6:20-01105 Frealy v. Riad


        #17.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01105. Complaint by Todd Frealy against Nevin Riad. (Charge To Estate - $350.00). (Attachments: # 1 Adversary Coversheet) Nature of Suit: (41 (Objection / revocation of discharge - 727(c),(d),(e))) (Pagay, Carmela)


        From: 7/22/20 EH     

        Docket 1


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Nevin Riad Represented By

        Daniel S March

        Defendant(s):

        Nevin Riad Pro Se

        Plaintiff(s):

        Todd Frealy Represented By

        Carmela Pagay

        Trustee(s):

        Todd A. Frealy (TR) Represented By Carmela Pagay

        2:00 PM

        6:19-10556


        Timothy Mark Aitken


        Chapter 7

        Adv#: 6:20-01022 Grobstein v. Aitken


        #18.00 CONT Motion for Default Judgment against defendant Alicia Aitken From: 7/1/20

        Also #19 EH     

        Docket 12

        Tentative Ruling:

        7/1/2020

        BACKGROUND

        On January 23, 2019, Timothy & Esmeralda Aitken ("Debtors") filed a pro se Chapter 7 voluntary petition. On April 19, 2019, Trustee filed a notice of assets. On May 1, 2019, Debtors filed an amended Schedule C claiming as exempt equity in real property located at 6919 Elmwood Rd., San Bernardino, CA (the "Property") transferred in 2017. On February 28, 2020, Trustee filed a motion to extent time to objection to Debtors’ claimed exemption. On April 7, 2020, the Court entered an order extending the deadline to object to Debtors’ claimed exemption until October 3, 2020.

        On March 3, 2020, Trustee filed a complaint against Alicia Aitken ("Defendant"), Debtors’ daughter, for avoidance and recovery of fraudulent transfer. On April 14, 2020, default was entered against Defendant. On June 9, 2020, Trustee filed a motion for default judgment.

        2:00 PM

        CONT...

        Timothy Mark Aitken

        Chapter 7

        Trustee’s complaint relates to the sale of the Property from Debtors to Defendant on August 31, 2017. Trustee notes that the settlement statement for the sale includes a notation for a gift of equity in the amount of $29,310. It appears from the information provided to the Court that the sale involved Defendant taking out a loan in the amount of $195,400 and paying off the existing mortgage on the Property as well as all costs of sale. After payment of those items, it appears that Defendant retained $29,310 of the remaining $32,551.56 in loan proceeds, with the balance going to Debtors. Trustee then sued Defendant to recover the $29,310.

        DISCUSSION

        1. Entry of Default

          FED. R. CIV. P. Rule 55 states that "[w]hen a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party’s default." Fed. R. Civ. P. 55(a). Local Rule 7055-1 provides further requirements relating to a motion for entry of default judgment, and those requirements have been substantially satisfied here.

        2. Motion for Default Judgment

          1. Proper Service of Summons and Complaint

            FED. R. BANKR. P. Rule 7004(b)(1) states, in part:

            2:00 PM

            CONT...

            Timothy Mark Aitken

            Chapter 7


            1. ervice may be made within the United States by first class mail postage prepaid as follows:


              1. Upon an individual other than an infant or incompetent, by mailing a copy of the summons and complaint to the individual’s dwelling house or usual place of abode or to the place where the individual regularly conducts a business or profession.


                Here, Defendant was served at the Property. While Defendant clearly purchased the Property, the Court notes that Debtors listed the Property as their address on the bankruptcy petition, and also listed a housing expense on Schedule J, so it appears Defendant may have purchased the Property and began renting it out to Debtors.

                Trustee to apprise the Court of its attempt to determine a valid service address for Defendant.


          2. Merits of Plaintiff’s claim


        Upon default, the factual allegations of the complaint, except those relating to the amount of damages, will be taken as true. TeleVideo Systems, Inc. v. Heidenthal, 826 F.2d 915, 917 (9th Cir. 1987); see also Almog v. Golden Summit Investors Group, Ltd., 2012 WL 12867972 at *4 (C.D. Cal. 2012) ("When reviewing a motion for default judgment, the Court must accept the well-pleaded allegations of the complaint relating to liability as true.").


        Here, the complaint includes five causes of action. A general problem with all five causes of action is Trustee’s characterization of the "transfer" to be avoided. Trustee has defined the subject transfer as the gift of equity. In so doing, Trustee has bifurcated the sale at issue into two distinct transactions: (1) a sale of the Property for

        $195,400; and (2) a gift from Debtors to Defendant in the amount of $29,310. This

        2:00 PM

        CONT...


        Timothy Mark Aitken


        Chapter 7

        would appear to be a distortion of the events which actually occurred, specifically that Defendant took out a loan for $195,400 and purchased the Property for $166,090, retaining the remaining loan proceeds.


        Therefore, the operative legal question becomes – to what extent can a transfer be subdivided into various components? The Court notes Trustee’s argument implicitly requires the Court to assume that the $195,400 price of the Property constitutes the fair market value of the Property, but the Court does not have any evidence to support that conclusion. Even accepting that assumption, Trustee’s proposed bifurcation of the sale arrangement results in a fundamental change in the statutory language, for it would force this Court to replace "reasonably equivalent value" with "equivalent value." For in any sale in which the purchase price was less than the fair market value of the property, the sale could be construed as a sale of the property for the fair market value and an accompanying gift of equity; in other words, every transfer in which a debtor received less than "equivalent value" would be subject to attack.1


        Therefore, in accordance with the reasoning above and the Court’s understanding of the terms of the sale (reproduced in the final paragraph of the background section), the Court is inclined to consider the transfer at issue to have been the sale of the Property for $166,010. Trustee has not provided any legal argument that would support a conclusion that the sale of the Property for $166,010 constitutes a fraudulent transfer.


        TENTATIVE RULING



        The Court is inclined to CONTINUE the matter for Trustee to file a supplemental brief responding to the issues raised above.


        APPEARANCES REQUIRED.


        Party Information

        2:00 PM

        CONT...

        Debtor(s):


        Timothy Mark Aitken


        Chapter 7

        Timothy Mark Aitken Pro Se

        Defendant(s):

        Alicia Aitken Pro Se

        Joint Debtor(s):

        Esmeralda Aitken Pro Se

        Movant(s):

        Howard Grobstein Represented By Larry D Simons

        Plaintiff(s):

        Howard Grobstein Represented By Larry D Simons

        Trustee(s):

        Howard B Grobstein (TR) Represented By Larry D Simons

        2:00 PM

        6:19-10556


        Timothy Mark Aitken


        Chapter 7

        Adv#: 6:20-01022 Grobstein v. Aitken


        #19.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01022. Complaint by Howard Grobstein against Alicia Aitken. (Charge To Estate). with adversary cover sheet Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer))


        From: 5/6/20, 6/10/20, 7/1/20 Also #18

        EH     


        Docket 1


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Timothy Mark Aitken Pro Se

        Defendant(s):

        Alicia Aitken Pro Se

        Joint Debtor(s):

        Esmeralda Aitken Pro Se

        Plaintiff(s):

        Howard Grobstein Represented By Larry D Simons

        Trustee(s):

        Howard B Grobstein (TR) Represented By Larry D Simons

        2:00 PM

        6:18-17820


        Maria Fabiola Marroquin


        Chapter 7

        Adv#: 6:19-01131 Anderson v. Marroquin, Jr.


        #20.00 CONT Status Conference RE: [1] Adversary case 6:19-ap-01131. Complaint by Karl T. Anderson against Roderico Marroquin Jr.. (Charge To Estate $350.00). Complaint for: (1) Avoidance and Recovery of Constrictive Fraudulent Transfers;

          1. Avoidance and Recovery of Intentional Fraudulent Transfers; (3) Avoidance and Recovery of Property of the Bankruptcy Estate; and (4) Temporary Restraining Order and Preliminary Injunction Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)) (Eastmond, Thomas)


        From: 12/4/19, 5/27/20 EH     

        Docket 1

        *** VACATED *** REASON: CASE DISMISSED ON 7/14/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Maria Fabiola Marroquin Represented By Mark A Mellor

        Defendant(s):

        Roderico Marroquin Jr. Represented By Alec L Harshey

        Plaintiff(s):

        Karl T. Anderson Represented By Thomas J Eastmond Robert P Goe

        Rafael R Garcia-Salgado

        2:00 PM

        CONT...

        Trustee(s):


        Maria Fabiola Marroquin


        Chapter 7

        Karl T Anderson (TR) Represented By Robert P Goe

        Thomas J Eastmond Rafael R Garcia-Salgado

        2:00 PM

        6:16-20298


        Donald Sutcliffe


        Chapter 7

        Adv#: 6:20-01114 Sutcliffe v. Internal Revenue Service et al


        #21.00 Motion to Dismiss Plaintiff's Adversary Complaint Also #22 & #23

        EH         


        Docket 6


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Donald Sutcliffe Represented By Scott Talkov

        Defendant(s):

        Internal Revenue Service Represented By Gavin L Greene

        Canadian Revenue Agency Pro Se

        JOHN PRINGLE Represented By

        D Edward Hays Tinho Mang

        Movant(s):

        Internal Revenue Service Represented By Gavin L Greene

        Plaintiff(s):

        Donald John Sutcliffe Represented By Scott Talkov

        2:00 PM

        CONT...

        Trustee(s):


        Donald Sutcliffe


        Chapter 7

        John P Pringle (TR) Represented By

        D Edward Hays David Wood Tinho Mang

        2:00 PM

        6:16-20298


        Donald Sutcliffe


        Chapter 7

        Adv#: 6:20-01114 Sutcliffe v. Internal Revenue Service et al


        #22.00 Motion to Dismiss Complaint Under FRCP 12(b)(1), 12(b)(6) Also #21 & #23

        EH      


        Docket 8


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Donald Sutcliffe Represented By Scott Talkov

        Defendant(s):

        Internal Revenue Service Represented By Gavin L Greene

        Canadian Revenue Agency Pro Se

        JOHN PRINGLE Represented By

        D Edward Hays Tinho Mang

        Movant(s):

        JOHN PRINGLE Represented By

        D Edward Hays Tinho Mang

        Plaintiff(s):

        Donald John Sutcliffe Represented By Scott Talkov

        2:00 PM

        CONT...

        Trustee(s):


        Donald Sutcliffe


        Chapter 7

        John P Pringle (TR) Represented By

        D Edward Hays David Wood Tinho Mang

        2:00 PM

        6:16-20298


        Donald Sutcliffe


        Chapter 7

        Adv#: 6:20-01114 Sutcliffe v. Internal Revenue Service et al


        #23.00 Status Conference RE: [1] Adversary case 6:20-ap-01114. Complaint by Donald John Sutcliffe against Internal Revenue Service, Canadian Revenue Agency, JOHN PRINGLE. (Fee Not Required). Nature of Suit: (21 (Validity, priority or extent of lien or other interest in property)),(66 (Dischargeability - 523(a) (1),(14),(14A) priority tax claims)),(91 (Declaratory judgment)) (Talkov, Scott)


        Also #21 & #22 EH     

        Docket 1


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Donald Sutcliffe Represented By Scott Talkov

        Defendant(s):

        Internal Revenue Service Represented By Gavin L Greene

        Canadian Revenue Agency Pro Se

        JOHN PRINGLE Represented By

        D Edward Hays Tinho Mang

        Plaintiff(s):

        Donald John Sutcliffe Represented By Scott Talkov

        2:00 PM

        CONT...

        Trustee(s):


        Donald Sutcliffe


        Chapter 7

        John P Pringle (TR) Represented By

        D Edward Hays David Wood Tinho Mang

        3:00 PM

        6:03-15174


        Devore Stop A General Partners


        Chapter 7

        Adv#: 6:12-01498 Morschauser v. Continental Capital LLC et al


        #24.00 CONT Status Conference Hearing RE: Complaint by William G Morschauser against Continental Capital LLC , Stephen Collias , Jesse Bojorquez , American Business Investments , Mohammed Abdizadeh


        From: 3/11/15, 5/20/15, 7/29/15, 12/16/15, 2/3/16, 3/16/16, 5/11/16, 8/31/16, 11/2/16, 11/16/16, 3/8/17, 6/7/17, 7/26/17, 9/13/17, 3/12/18, 11/13/19, 12/17/19,

        1/15/20, 2/12/20, 3/11/20


        Also #25 EH         

        Docket 1

        *** VACATED *** REASON: CONTINUED TO 10/28/20 AT 3:00 P.M.

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Devore Stop A General Partners Represented By

        Arshak Bartoumian - DISBARRED - Newton W Kellam

        Devore Stop Represented By

        Hutchison B Meltzer

        Defendant(s):

        Continental Capital LLC Represented By Cara J Hagan

        Lawrence J Kuhlman Reid A Winthrop

        Stephen Collias Represented By Cara J Hagan

        3:00 PM

        CONT...


        Devore Stop A General Partners


        Lawrence J Kuhlman Reid A Winthrop


        Chapter 7

        Jesse Bojorquez Represented By Lawrence J Kuhlman

        Autumn D Spaeth ESQ Cara J Hagan

        Reid A Winthrop

        American Business Investments Represented By Lawrence J Kuhlman

        Autumn D Spaeth ESQ Cara J Hagan

        Reid A Winthrop

        Mohammed Abdizadeh Pro Se

        Plaintiff(s):

        William G Morschauser Represented By Hutchison B Meltzer Reid A Winthrop Cara J Hagan Lawrence J Kuhlman

        Trustee(s):

        Arturo Cisneros (TR) Pro Se

        3:00 PM

        6:03-15174


        Devore Stop A General Partners


        Chapter 7

        Adv#: 6:12-01498 Morschauser v. Continental Capital LLC et al


        #25.00 CONT Status Conference RE: [29] Crossclaim/Cross-Complaint for: 1

        conversion; 2 constructive trust; 3 unjust enrichment; 4 an accounting; 5 declaratory relief; and 6 primary and secondary indemnification and contribution by American Business Investments , Jesse Bojorquez against Stephen Collias , Continental Capital LLC


        From: 3/11/15, 5/20/15, 7/29/15, 12/16/15, 2/3/16, 3/16/16, 5/11/16, 8/31/16, 11/2/16, 11/16/16, 3/8/17, 6/7/17, 7/26/17, 9/13/17, 3/12/18, 11/13/19, 12/17/19,

        1/15/20, 2/12/20, 3/11/20


        Also #24 EH     

        Docket 29

        *** VACATED *** REASON: CONTINUED TO 10/28/20 AT 3:00 P.M.

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Devore Stop A General Partners Represented By

        Arshak Bartoumian - DISBARRED - Newton W Kellam

        Devore Stop Represented By

        Hutchison B Meltzer

        Defendant(s):

        Continental Capital LLC Represented By Cara J Hagan

        Lawrence J Kuhlman Reid A Winthrop

        Stephen Collias Represented By

        3:00 PM

        CONT...


        Devore Stop A General Partners


        Cara J Hagan Lawrence J Kuhlman Reid A Winthrop


        Chapter 7

        Jesse Bojorquez Represented By Lawrence J Kuhlman

        Autumn D Spaeth ESQ Cara J Hagan

        Reid A Winthrop

        American Business Investments Represented By Lawrence J Kuhlman

        Autumn D Spaeth ESQ Cara J Hagan

        Reid A Winthrop

        Mohammed Abdizadeh Pro Se

        Plaintiff(s):

        William G Morschauser Represented By Hutchison B Meltzer Reid A Winthrop Cara J Hagan Lawrence J Kuhlman

        Trustee(s):

        Arturo Cisneros (TR) Pro Se

        11:00 AM

        6:10-20626


        Irma Cantu


        Chapter 13

        Adv#: 6:17-01057 Cantu v. Ocwen Loan Servicing, LLC et al


        #1.00 CONT Status Conference RE: [1] Adversary case 6:17-ap-01057. Complaint by Irma Cantu against Ocwen Loan Servicing, LLC. (Fee Not Required). Nature of Suit: (21 (Validity, priority or extent of lien or other interest in property)),(65 (Dischargeability - other)),(72 (Injunctive relief - other)) (Cravens, Leonard)


        From: 11/15/18, 6/6/19, 10/18/19, 12/19/19, 1/30/20, 4/23/20, 4/30/20, 5/14/20,

        7/2/20


        EH     


        Docket 1


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Irma Cantu Represented By

        Leonard J Cravens

        Defendant(s):

        Ocwen Loan Servicing, LLC Represented By Adam N Barasch

        Ocwen Loan Servicing, LLC Represented By Adam N Barasch

        Plaintiff(s):

        Irma Cantu Represented By

        Leonard J Cravens

        Trustee(s):

        Rod (MJ) Danielson (TR) Pro Se

        11:00 AM

        6:20-11621


        Walter Hunter, Jr


        Chapter 13

        Adv#: 6:20-01098 Janeke et al v. Hunter, Jr


        #2.00 CONT Amended Motion re: Debtor/Defendant Walter Hunter Jr's Amended Special Motion to Strike (CAL. Code Civ. Proc. Section 425.16) or, alternatively, to Dismiss (FRCP 12(b)(6)) Plaintiff's Complaint


        From: 7/30/20 Also #3 & #4 EH     

        Docket 9

        *** VACATED *** REASON: CASE DISMISSED 7/28/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Walter Hunter Jr Represented By

        James D. Hornbuckle

        Defendant(s):

        Walter Hunter Jr Represented By

        James D. Hornbuckle

        Movant(s):

        Walter Hunter Jr Represented By

        James D. Hornbuckle James D. Hornbuckle

        Plaintiff(s):

        Charles Janeke Represented By

        Joseph C Edmondson

        1330 Ingraham Company, LLC Represented By

        11:00 AM

        CONT...


        Trustee(s):


        Walter Hunter, Jr


        Joseph C Edmondson


        Chapter 13

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:20-11621


        Walter Hunter, Jr


        Chapter 13

        Adv#: 6:20-01098 Janeke et al v. Hunter, Jr


        #3.00 Order to Show Cause Why Case Should Not Be Dismissed for Lack of Prosecution


        Also #2 & #4 EH        

        Docket 0

        *** VACATED *** REASON: CASE DISMISSED 7/28/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Walter Hunter Jr Represented By

        James D. Hornbuckle

        Defendant(s):

        Walter Hunter Jr Represented By

        James D. Hornbuckle

        Plaintiff(s):

        1330 Ingraham Company, LLC Represented By

        Joseph C Edmondson

        Charles Janeke Represented By

        Joseph C Edmondson

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:20-11621


        Walter Hunter, Jr


        Chapter 13

        Adv#: 6:20-01098 Janeke et al v. Hunter, Jr


        #4.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01098. Complaint by Charles Janeke against Walter Hunter Jr. (62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud))


        From: 7/23/20 Also #2 & #3 EH     

        Docket 1

        *** VACATED *** REASON: CASE DISMISSED 7/28/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Walter Hunter Jr Represented By

        James D. Hornbuckle

        Defendant(s):

        Walter Hunter Jr Represented By

        James D. Hornbuckle

        Plaintiff(s):

        1330 Ingraham Company, LLC Represented By

        Joseph C Edmondson

        Charles Janeke Represented By

        Joseph C Edmondson

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:17-12149


        Irma Dalia Cantu


        Chapter 13


        #5.00 CONT Trustee's Motion to Dismiss Case From: 6/11/20, 7/2/20

        Also #6 EH     

        Docket 86


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Irma Dalia Cantu Represented By Leonard J Cravens

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:17-12149


        Irma Dalia Cantu


        Chapter 13


        #6.00 CONT Debtor's Motion for Order Disallowing Claim no 1-1 filed by Ocwen Loan Servicing, LLC

        (HOLDING DATE)


        From: 6/4/18, 8/30/18, 11/15/18, 6/6/19, 10/17/19, 12/19/19, 1/30/20, 4/23/20, 4/30/20, 5/14/20, 7/2/20


        Also #5 EH     


        Docket 24


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Irma Dalia Cantu Represented By Leonard J Cravens

        Movant(s):

        Irma Dalia Cantu Represented By Leonard J Cravens Leonard J Cravens

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:17-13686


        David K Johnson and Janet L Johnson


        Chapter 13


        #7.00 Motion for Authority to Incur Debt [Personal Property] EH        

        Docket 77

        Tentative Ruling: 8/20/2020

        Service: Proper Opposition: None


        The Court, having reviewed the motion and Trustee' comments, notice being proper and no opposition having been filed, is inclined to GRANT the motion.


        APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

        Party Information

        Debtor(s):

        David K Johnson Represented By Gary J Holt

        Joint Debtor(s):

        Janet L Johnson Represented By Gary J Holt

        Movant(s):

        David K Johnson Represented By Gary J Holt

        Janet L Johnson Represented By Gary J Holt

        11:00 AM

        CONT...

        Trustee(s):


        David K Johnson and Janet L Johnson


        Chapter 13

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:17-19614


        Alfredo Manzo Arrieta and Mayte Hernandez- Arrieta


        Chapter 13


        #8.00 Application for Compensation for Andy C Warshaw, Debtor's Attorney, Period: 1/1/2020 to 6/15/2020, Fee: $1325, Expenses: $74.90.


        EH     


        Docket 147

        Tentative Ruling:

        8/20/2020


        On November 20, 2017, Alfredo & Mayte Arrieta ("Debtors") filed a Chapter 13 voluntary petition. On February 8, 2018, Debtors’ Chapter 13 plan was confirmed. Debtors’ Chapter 13 plan has subsequently been modified on three occasions.


        On May 5, 2020, Trustee filed a motion to dismiss for delinquency. On May 13, 2020, Debtors filed their opposition. On May 19, 2020, Debtors filed a motion to modify plan. Debtors immediately set the motion to modify plan for hearing without waiting for Trustee’s comments. On May 20, 2020, Trustee filed comments indicating conditional approval of the motion to modify. Subsequently, on June 8, 2020, Trustee withdrew the motion to dismiss, and Debtors’ motion to modify was granted pursuant to order entered June 15, 2020.


        On June 15, 2020, Andy Warshaw ("Counsel") filed an application for compensation, seeking $1,399.90 for work related to Trustee’s motion to dismiss and the motion to modify plan. On June 17, 2020, Trustee filed comments recommending a reduced amount of $1,250.


        The difference between the amount requested by Counsel and the amount recommended by Trustee is explained by Counsel adding Courtcall costs and expenses to the standard no-look fees. As noted by Trustee, the Court considers normal costs to be included within the no-look fees. Therefore, the addition of

        $149.90 to the no-look fee being inappropriate, the Court is inclined to APPROVE the application in the reduced amount of $1,250.


        APPEARANCES REQUIRED.

        11:00 AM

        CONT...


        Debtor(s):


        Alfredo Manzo Arrieta and Mayte Hernandez- Arrieta

        Party Information


        Chapter 13

        Alfredo Manzo Arrieta Represented By Andy C Warshaw

        Joint Debtor(s):

        Mayte Hernandez- Arrieta Represented By Andy C Warshaw

        Movant(s):

        Alfredo Manzo Arrieta Represented By Andy C Warshaw

        Mayte Hernandez- Arrieta Represented By Andy C Warshaw

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:17-20177


        Randal Scott Oakley and Christine Ann Oakley


        Chapter 13


        #9.00 CONT Application for Compensation for Halli B Heston, Debtor's Attorney, Period: 12/20/2019 to 5/8/2020, Fee: $1786.00, Expenses: $166.71


        From: 7/2/20, 7/23/20 EH     

        Docket 76


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Randal Scott Oakley Represented By Halli B Heston

        Joint Debtor(s):

        Christine Ann Oakley Represented By Halli B Heston

        Movant(s):

        Randal Scott Oakley Represented By Halli B Heston Halli B Heston Halli B Heston

        Christine Ann Oakley Represented By Halli B Heston

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:18-13102


        Luis Felipe Tejeda and Veronica Esther Tejeda


        Chapter 13


        #10.00 Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to modify plan or suspend plan payments


        EH     


        Docket 56

        *** VACATED *** REASON: ORDER ENTERED 8/19/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Luis Felipe Tejeda Represented By Dana Travis

        Joint Debtor(s):

        Veronica Esther Tejeda Represented By Dana Travis

        Movant(s):

        Rod Danielson (TR) Pro Se

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-21074


        Patrick E. Berry and Michelle L. Brown Berry


        Chapter 13


        #11.00 Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to modify plan or suspend plan payments


        EH     


        Docket 38


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Patrick E. Berry Represented By Terrence Fantauzzi

        Joint Debtor(s):

        Michelle L. Brown Berry Represented By Terrence Fantauzzi

        Movant(s):

        Patrick E. Berry Represented By Terrence Fantauzzi Terrence Fantauzzi

        Michelle L. Brown Berry Represented By Terrence Fantauzzi Terrence Fantauzzi

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:20-10752


        Paul Salgado and Paula Salgado


        Chapter 13


        #12.00 CONT Motion to Disallow Claim No 8 From: 7/30/20

        EH     


        Docket 45

        Tentative Ruling: 8/20/2020

        Service: Proper Opposition: None


        The Court deems Creditor's withdrawal of its proof of claim, filed on August 11 as docket number 51, to be consent to the relief requested. On that basis, the Court is inclined to SUSTAIN the objection.


        APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

        Party Information

        Debtor(s):

        Paul Salgado Represented By

        Jenny L Doling John P Dolan

        Joint Debtor(s):

        Paula Salgado Represented By Jenny L Doling John P Dolan

        Movant(s):

        Paul Salgado Represented By

        11:00 AM

        CONT...


        Paul Salgado and Paula Salgado


        Jenny L Doling John P Dolan


        Chapter 13

        Paula Salgado Represented By Jenny L Doling John P Dolan

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:15-11952


        James Earl Chapman, Jr.


        Chapter 13


        #13.00 CONT Amended Motion (related document(s): 271 Motion for Determination of Final Cure and Mortgage Payment re: Rule 3002.1

        HOLDING DATE


        From: 6/4/20, 7/23/20 EH     

        Docket 285


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        James Earl Chapman Jr. Represented By Michael E Clark Barry E Borowitz

        Movant(s):

        James Earl Chapman Jr. Represented By Michael E Clark Barry E Borowitz

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:16-18990


        John D Castro, Jr and Jennifer Manda Castro


        Chapter 13


        #14.00 CONT Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to modify plan or suspend plan payments


        From: 7/2/20 Also #15

        EH     


        Docket 114


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        John D Castro Jr Represented By Chris A Mullen

        Joint Debtor(s):

        Jennifer Manda Castro Represented By Chris A Mullen

        Movant(s):

        John D Castro Jr Represented By Chris A Mullen

        Jennifer Manda Castro Represented By Chris A Mullen

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:16-18990


        John D Castro, Jr and Jennifer Manda Castro


        Chapter 13


        #15.00 CONT Trustee's Motion to Dismiss Case From: 7/30/20

        Also #14 EH     

        Docket 113


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        John D Castro Jr Represented By Chris A Mullen

        Joint Debtor(s):

        Jennifer Manda Castro Represented By Chris A Mullen

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:20-14658


        Odie Valtino Mack


        Chapter 13


        #16.00 Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate PRIMARY RESIDENCE


        MOVANT: ODIE VALTINO MACK


        EH     


        Docket 17

        Tentative Ruling: 8/20/2020

        Service: Improper

        Opposition: None


        11 U.S.C. § 362(c)(3)(B) requires that a hearing on a motion to continue the automatic stay be set and concluded within thirty days of the petition date. As a result, the deadline for the Court to hear a motion to continue the automatic stay in this case was August 7, 2020. For that reason, and noting a variety of substantial deficiencies with the instant motion, the Court is inclined to DENY the motion and issue an order to show cause why Debtor’s counsel should not be sanctioned pursuant to FED. R. B. P. Rule 9011 and the Court’s inherent sanctioning authority.


        APPEARANCES REQUIRED.

        Party Information

        Debtor(s):

        Odie Valtino Mack Represented By Anthony P Cara

        Movant(s):

        Odie Valtino Mack Represented By Anthony P Cara

        11:00 AM

        CONT...


        Trustee(s):


        Odie Valtino Mack


        Anthony P Cara


        Chapter 13

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:20-14512


        Michelle Giralao


        Chapter 13


        #17.00 Motion to Avoid Junior Lien with Bank of America, NA EH         

        Docket 13

        Tentative Ruling: 8/20/2020

        Service: Proper

        Opposition: None


        The Court having reviewed the motion, notice appearing proper, no opposition having been filed, and good cause appearing, the Court is inclined to GRANT the motion, avoiding the lien of Bank of America, N.A., effective upon receipt of a Chapter 13 discharge.


        APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

        Party Information

        Debtor(s):

        Michelle Giralao Represented By Paul Y Lee

        Movant(s):

        Michelle Giralao Represented By Paul Y Lee Paul Y Lee

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:20-13858


        Robert Lee Thomas, Sr.


        Chapter 13


        #18.00 Motion to Appoint Chantilly Thomas as Next Friend; To Excuse Robert Lee Thomas, Sr. from Post-Petition Financial Management Course


        EH     


        Docket 25

        Tentative Ruling:

        8/20/2020

        BACKGROUND


        On June 1, 2020, Robert Thomas ("Debtor") filed a Chapter 13 voluntary petition.


        On July 7, 2020, Debtor’s daughter, Chantilly Thomas ("Daughter") filed a motion to be appointed as next friend to Debtor, and for Debtor to be excused from completing the personal financial management court.


        In support of the motion, Debtors filed a declaration of Daughter that states that Debtor has dementia and is rapidly deteriorating. Attached to the declarations, Debtors have submitted a brief doctor’s note that states that it is the doctor’s opinion that Debtor "is not competent to manage his own financial affairs." The Court notes that notice and service are sufficient.


        DISCUSSION

        11:00 AM

        CONT...


        Robert Lee Thomas, Sr.


        Chapter 13

        FED. R. BANKR. P. Rule 1004.1 allows "a representative, including a general guardian, committee, conservator, or similar fiduciary," to file a voluntary petition on behalf of an incompetent person.

        The rule further provides that:

        [a]n infant or incompetent person who does not have a duly appointed representative may file a voluntary petition by next friend or guardian ad litem. The court shall appoint a guardian ad litem for an infant or incompetent person who is a debtor and is not otherwise represented or shall make any other order to protect the infant or incompetent debtor.


        Rule 1004.1 is patterned after FED.R.CIV.P. Rule 17(c), which applies to adversary proceedings pursuant to FED. R. BANKR. P. Rule 7017. That rule provides that an incompetent person may sue "by a next friend or by a guardian ad litem" if the incompetent person does not have a duly appointed representative, and provides that "[t]he court must appoint a guardian ad litem—or issue another appropriate order—to protect a minor or incompetent person who is unrepresented in an action."


        Cases interpreting Rule 17(c) look to the law of the state in which the subject is domiciled and follow the state's incompetency laws." In re Burchell, 2014 WL 1304635, at *1 (Bankr. N.D. Ohio 2014)(internal citations omitted). This court shall thus look to the California Probate Code’s § 811 which outlines the possible bases for a determination that a person is of unsound mind or lacks capacity to make a decision or do a certain act, including for example, incapacity to contract or to execute wills or trusts.


        California law requires evidence of specific deficits and a link between the identified deficits and the acts that the allegedly incompetent person would otherwise have capacity to perform. The types of deficiencies are outlined in § 811 as follows:

        1. Alertness and attention, including, but not limited to, the following:

          1. Level of arousal or consciousness.

          2. Orientation to time, place, person, and situation.

          3. Ability to attend and concentrate.

        2. Information processing, including, but not limited to, the following:

          1. Short- and long-term memory, including immediate recall.

          2. Ability to understand or communicate with others, either verbally or otherwise.

          3. Recognition of familiar objects and familiar persons.

          4. Ability to understand and appreciate quantities.

          5. Ability to reason using abstract concepts.

            11:00 AM

            CONT...


            Robert Lee Thomas, Sr.


            Chapter 13

          6. Ability to plan, organize, and carry out actions in one's own rational self-interest.

          7. Ability to reason logically.

        3. Thought processes. Deficits in these functions may be demonstrated by the presence of the following:

          1. Severely disorganized thinking.

          2. Hallucinations.

          3. Delusions.

          4. Uncontrollable, repetitive, or intrusive thoughts.

        4. Ability to modulate mood and affect. Deficits in this ability may be demonstrated by the presence of a pervasive and persistent or recurrent state of euphoria, anger, anxiety, fear, panic, depression, hopelessness or despair, helplessness, apathy or indifference, that is inappropriate in degree to the individual's circumstances.


        Here, while the evidence submitted by Daughter is not detailed and extensive, the Court concludes that that the diagnosis of dementia, the doctor’s opinion that Debtor "is not competent to manage his own financial affairs," and the durable power of attorney taken together, support a finding that Debtor is not competent to participate in these proceedings and that the appointment of a next friend is appropriate.


        Furthermore, given that the Court finds that the appointment of Daughter as next friend is appropriate pursuant to FED. R. BANKR. P. Rule 1004.1, the Court also concludes that it is appropriate to classify Debtor as mentally impaired pursuant to 11

        U.S.C. § 109(h)(4), and that, as a result, it is appropriate to waive the postpetition personal financial management course pursuant to 11 U.S.C. § 109(h)(4) and 11

        U.S.C. § 727(a)(11).


        Finally, the Court notes it deems failure to oppose to be consent to the relief requested pursuant to Local Rule 9013-1(h).


        TENTATIVE RULING

        11:00 AM

        CONT...


        Robert Lee Thomas, Sr.


        Chapter 13

        The Court is inclined to GRANT the motion.


        APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


        Party Information

        Debtor(s):

        Robert Lee Thomas, Sr. Represented By Suzette Douglas

        Movant(s):

        Robert Lee Thomas, Sr. Represented By Suzette Douglas

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:20-13237


        Scott James Beilstein and Kristin Michelle Beilstein


        Chapter 13


        #19.00 Confirmation of Chapter 13 Plan EH      

        Docket 0


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Scott James Beilstein Represented By Todd L Turoci

        Joint Debtor(s):

        Kristin Michelle Beilstein Represented By Todd L Turoci

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:20-13282


        Jamin Ward Amond and Davina Patricia Amond


        Chapter 13


        #20.00 Confirmation of Chapter 13 Plan EH      

        Docket 0


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Jamin Ward Amond Represented By Michael E Clark Barry E Borowitz

        Joint Debtor(s):

        Davina Patricia Amond Represented By Michael E Clark Barry E Borowitz

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:20-13304


        Brandon G. Hernandez


        Chapter 13


        #21.00 Confirmation of Chapter 13 Plan EH      

        Docket 0


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Brandon G. Hernandez Represented By Carey C Pickford

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:20-13354


        Rudolph Brown and Maria D. Garcia-Brown


        Chapter 13


        #22.00 Confirmation of Chapter 13 Plan EH      

        Docket 0


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Rudolph Brown Represented By Julie J Villalobos

        Joint Debtor(s):

        Maria D. Garcia-Brown Represented By Julie J Villalobos

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:20-13383


        Jose Maria Acosta and Maria Rosario Acosta


        Chapter 13


        #23.00 Confirmation of Chapter 13 Plan EH      

        Docket 0


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Jose Maria Acosta Represented By Jenny L Doling John P Dolan

        Joint Debtor(s):

        Maria Rosario Acosta Represented By Jenny L Doling John P Dolan

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:20-13401


        Monica Aguirre


        Chapter 13


        #24.00 CONT Confirmation of Chapter 13 Plan From: 7/23/20

        EH      


        Docket 0


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Monica Aguirre Represented By Halli B Heston

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:20-13463


        Gregory Scott Richman


        Chapter 13


        #25.00 Confirmation of Chapter 13 Plan EH      

        Docket 0


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Gregory Scott Richman Represented By Jeffrey J Hagen

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:20-13498


        Jose Omar Zapata


        Chapter 13


        #26.00 Confirmation of Chapter 13 Plan EH      

        Docket 0


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Jose Omar Zapata Represented By

        J. Luke Hendrix

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:20-13528


        Christopher Romash


        Chapter 13


        #27.00 Confirmation of Chapter 13 Plan EH      

        Docket 0


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Christopher Romash Represented By Andy C Warshaw

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:20-13546


        Deborah Lynn Mullenix


        Chapter 13


        #28.00 Motion RE: Objection to Claim Number 10 by Claimant Internal Revenue Service


        Also #29 EH     

        Docket 17

        *** VACATED *** REASON: WITHDRAWAL OF OBJECTION TO CLAIM FILED 7/20/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Deborah Lynn Mullenix Represented By Joselina L Medrano

        Movant(s):

        Deborah Lynn Mullenix Represented By Joselina L Medrano Joselina L Medrano Joselina L Medrano

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:20-13546


        Deborah Lynn Mullenix


        Chapter 13


        #29.00 Confirmation of Chapter 13 Plan


        Also #28 EH      

        Docket 0


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Deborah Lynn Mullenix Represented By Joselina L Medrano

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:20-12264


        Maria Toscano Lawes


        Chapter 13


        #30.00 Stipulation By Maria Toscano Lawes and Creditor The Bank of New York Mellon for Order to Include Post-Petition Deed of Trust Payments in an Amended Proof of Claim 6 by The Bank of New York Mellon


        Also #31 EH        

        Docket 38


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Maria Toscano Lawes Represented By William J Smyth

        Movant(s):

        Maria Toscano Lawes Represented By William J Smyth

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:20-12264


        Maria Toscano Lawes


        Chapter 13


        #31.00 CONT Confirmation of Chapter 13 Plan From: 6/4/20, 7/23/20

        Also #30 EH      

        Docket 0


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Maria Toscano Lawes Represented By William J Smyth

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:20-13225


        Eric Jennings, Sr. and Tish Jennings


        Chapter 13


        #32.00 Confirmation of Chapter 13 Plan EH      

        Docket 0


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Eric Jennings Sr. Represented By Julie J Villalobos

        Joint Debtor(s):

        Tish Jennings Represented By Julie J Villalobos

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:15-15314


        Franklin Merl Thomas King


        Chapter 13


        #33.00 Trustee's Motion to Dismiss Case EH        

        Docket 83

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/31/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Franklin Merl Thomas King Represented By Daniel King

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:16-18182


        Douglas Edward Goodman and Anne Louise Goodman


        Chapter 13


        #34.00 Trustee's Motion to Dismiss Case EH     

        Docket 134


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Douglas Edward Goodman Represented By Edward T Weber

        Joint Debtor(s):

        Anne Louise Goodman Represented By Edward T Weber

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:16-18546


        Alexis I Barahona


        Chapter 13


        #35.00 Trustee's Motion to Dismiss Case EH         

        Docket 94

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/21/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Alexis I Barahona Represented By Christopher J Langley Michael Smith

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:16-18621


        John Wesley Wilson, Jr. and Michelle Janet Wilson


        Chapter 13


        #36.00 Trustee's Motion to Dismiss Case EH        

        Docket 88

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

        8/5/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        John Wesley Wilson Jr. Represented By Julie J Villalobos

        Joint Debtor(s):

        Michelle Janet Wilson Represented By Julie J Villalobos

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:17-10787


        Willie J Brooks


        Chapter 13


        #37.00 Trustee's Motion to Dismiss Case EH         

        Docket 90

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/17/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Willie J Brooks Represented By Kevin Tang

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:17-15122


        Keith F Keating


        Chapter 13


        #38.00 Trustee's Motion to Dismiss Case Also #39

        EH     


        Docket 75

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/17/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Keith F Keating Represented By Sundee M Teeple Craig K Streed

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:17-15122


        Keith F Keating


        Chapter 13


        #39.00 Trustee's Motion to Dismiss Case Also #38

        EH     


        Docket 76

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/17/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Keith F Keating Represented By Sundee M Teeple Craig K Streed

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:17-18897


        Armando Hermosillo


        Chapter 13


        #40.00 Trustee's Motion to Dismiss Case EH         

        Docket 39

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/17/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Armando Hermosillo Represented By Neil R Hedtke

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:17-19027


        Jaime Villalobos and Jennifer Villalobos


        Chapter 13


        #41.00 CONT Trustee's Motion to Dismiss Case From: 7/23/20

        EH     


        Docket 98

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/17/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Jaime Villalobos Represented By

        Rabin J Pournazarian

        Joint Debtor(s):

        Jennifer Villalobos Represented By

        Rabin J Pournazarian

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:17-20117


        Tiffany Venice Turner


        Chapter 13


        #42.00 Trustee's Motion to Dismiss Case EH        

        Docket 47


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Tiffany Venice Turner Represented By Daniel King

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:18-10456


        David Allen Rose, Jr. and Karen Sue Rose


        Chapter 13


        #43.00 Trustee's Motion to Dismiss Case EH         

        Docket 100

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/17/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        David Allen Rose Jr. Represented By Dana Travis

        Joint Debtor(s):

        Karen Sue Rose Represented By Dana Travis

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:18-12099


        James David Wilson, IV and Kerri Ann Wilson


        Chapter 13


        #44.00 Trustee's Motion to Dismiss Case EH         

        Docket 57

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/11/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        James David Wilson IV Represented By Dana Travis

        Joint Debtor(s):

        Kerri Ann Wilson Represented By Dana Travis

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:18-13014


        Elizabeth Dean


        Chapter 13


        #45.00 Trustee's Motion to Dismiss Case EH         

        Docket 41

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/31/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Elizabeth Dean Represented By Dana Travis

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:18-13906


        Ruby Lee Frazier


        Chapter 13


        #46.00 Trustee's Motion to Dismiss Case EH     

        Docket 117

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/17/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Ruby Lee Frazier Represented By Michael D Franco

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:18-18415


        Donna Denise Upton


        Chapter 13


        #47.00 Trustee's Motion to Dismiss Case EH         

        Docket 77

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/17/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Donna Denise Upton Represented By Seema N Sood

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:18-20008


        Catalina J Alvarez


        Chapter 13


        #48.00 Trustee's Motion to Dismiss Case EH        

        Docket 60


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Catalina J Alvarez Represented By Julie J Villalobos

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:19-11410


        Rogelio Preciado


        Chapter 13


        #49.00 Trustee's Motion to Dismiss Case EH         

        Docket 30


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Rogelio Preciado Represented By James G. Beirne

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:19-13103


        Sheri Lynn Cooper


        Chapter 13


        #50.00 Trustee's Motion to Dismiss Case EH         

        Docket 34

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/12/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Sheri Lynn Cooper Represented By

        James D. Hornbuckle

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:19-14925


        Charles Sanchez


        Chapter 13


        #51.00 Trustee's Motion to Dismiss Case EH         

        Docket 39


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Charles Sanchez Represented By Neil R Hedtke

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:19-15018


        Diana Nava and Ramiro Nava


        Chapter 13


        #52.00 Trustee's Motion to Dismiss Case EH     

        Docket 44

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/13/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Diana Nava Represented By

        Joseph A Weber Fritz J Firman

        Joint Debtor(s):

        Ramiro Nava Represented By

        Joseph A Weber Fritz J Firman

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:19-16977


        Mark E Harvey


        Chapter 13


        #53.00 Trustee's Motion to Dismiss Case EH        

        Docket 57

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/29/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Mark E Harvey Represented By Paul Y Lee

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:19-17725


        Michelle R. Rayner


        Chapter 13


        #54.00 Trustee's Motion to Dismiss Case EH         

        Docket 40


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Michelle R. Rayner Represented By Terrence Fantauzzi

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:19-18569


        Edwin Briones and Gabriela Sandez


        Chapter 13


        #55.00 Trustee's Motion to Dismiss Case EH         

        Docket 57

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/17/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Edwin Briones Represented By Kevin Tang

        Joint Debtor(s):

        Gabriela Sandez Represented By Kevin Tang

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:19-19747


        Craig Edward Williams and Norma Geneva Williams


        Chapter 13


        #56.00 CONT Trustee's Motion to Dismiss Case From: 7/23/20

        EH     


        Docket 44


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Craig Edward Williams Represented By Julie J Villalobos

        Joint Debtor(s):

        Norma Geneva Williams Represented By Julie J Villalobos

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:19-20173


        Roshanda Jeannen Dodds


        Chapter 13


        #57.00 Trustee's Motion to Dismiss Case EH        

        Docket 53


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Roshanda Jeannen Dodds Represented By Nicholas M Wajda

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:20-10875


        Lakendra Johnson


        Chapter 13


        #58.00 Trustee's Motion to Dismiss Case EH         

        Docket 37

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/17/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Lakendra Johnson Represented By Neil R Hedtke

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:20-10899


        Elizabeth T Baker


        Chapter 13


        #59.00 Trustee's Motion to Dismiss Case EH        

        Docket 35


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Elizabeth T Baker Represented By Nancy Korompis

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:13-18779


        Rigoberto Baez


        Chapter 13


        #1.00 Trustee's Motion to Dismiss Case EH        

        Docket 207

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/29/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Rigoberto Baez Represented By Michael Smith Sundee M Teeple

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:14-17491


        Rosalie Estella Crouch


        Chapter 13


        #2.00 Trustee's Motion to Dismiss Case EH        

        Docket 123

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/13/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Rosalie Estella Crouch Represented By Christopher Hewitt

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:15-13218


        Ramiro J Cruz and Norma Idalia Cruz


        Chapter 13


        #3.00 Trustee's Motion to Dismiss Case EH        

        Docket 164

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/12/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Ramiro J Cruz Represented By Summer M Shaw

        Joint Debtor(s):

        Norma Idalia Cruz Represented By Summer M Shaw

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:15-13351


        Hector Davalos Nuno and Nanci Tomoye Nuno


        Chapter 13


        #4.00 Trustee's Motion to Dismiss Case EH         

        Docket 98

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/23/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Hector Davalos Nuno Represented By Jenny L Doling

        Joint Debtor(s):

        Nanci Tomoye Nuno Represented By Jenny L Doling

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:15-13847


        Juan A Hernandez


        Chapter 13


        #5.00 Trustee's Motion to Dismiss Case EH        

        Docket 63

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/28/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Juan A Hernandez Represented By Michael Smith Sundee M Teeple

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:15-15314


        Franklin Merl Thomas King


        Chapter 13


        #6.00 Trustee's Motion to Dismiss Case EH        

        Docket 84


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Franklin Merl Thomas King Represented By Daniel King

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:15-15522


        Scott Allan Oswald and Lisa Frances Oswald


        Chapter 13


        #7.00 Trustee's Motion to Dismiss Case EH        

        Docket 113

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/23/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Scott Allan Oswald Represented By Richard L Barrett

        Joint Debtor(s):

        Lisa Frances Oswald Represented By Richard L Barrett

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:15-16110


        Rafael Bello


        Chapter 13


        #8.00 Trustee's Motion to Dismiss Case EH         

        Docket 61

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/13/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Rafael Bello Represented By

        Rebecca Tomilowitz

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:15-16158


        George P. Solorio, Jr.


        Chapter 13


        #9.00 Trustee's Motion to Dismiss Case EH        

        Docket 68

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/20/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        George P. Solorio Jr. Represented By

        James D. Hornbuckle

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:15-16189


        Nikea N Jackson


        Chapter 13


        #10.00 Trustee's Motion to Dismiss Case EH         

        Docket 78

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/24/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Nikea N Jackson Represented By

        M. Wayne Tucker

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:15-17142


        Elmer H Brady and Judy L Brady


        Chapter 13


        #11.00 Trustee's Motion to Dismiss Case EH        

        Docket 60

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/16/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Elmer H Brady Represented By Julie J Villalobos

        Joint Debtor(s):

        Judy L Brady Represented By

        Julie J Villalobos

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:15-17252


        Irma Leticia Castellanos and Martin Castellanos


        Chapter 13


        #12.00 Trustee's Motion to Dismiss Case EH         

        Docket 42

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/20/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Irma Leticia Castellanos Represented By Robert T Chen

        Joint Debtor(s):

        Martin Castellanos Represented By Robert T Chen

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:15-17561


        Cresencio Ramirez Ramirez and Maria Olga Ramirez


        Chapter 13


        #13.00 Trustee's Motion to Dismiss Case EH         

        Docket 173

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/13/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Cresencio Ramirez Ramirez Represented By John F Brady

        Joint Debtor(s):

        Maria Olga Ramirez Represented By John F Brady

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:15-17599


        David P. Carpenter and Cresencia M. Carpenter


        Chapter 13


        #14.00 Trustee's Motion to Dismiss Case EH        

        Docket 78

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/19/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        David P. Carpenter Represented By Carey C Pickford

        Joint Debtor(s):

        Cresencia M. Carpenter Represented By Carey C Pickford

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:15-17937


        Joe Roger Montes


        Chapter 13


        #15.00 Trustee's Motion to Dismiss Case EH        

        Docket 75

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/24/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Joe Roger Montes Represented By Stephen R Wade

        W. Derek May

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:15-19201


        Roberto Gutierrez and Gabriela Gutierrez


        Chapter 13


        #16.00 Trustee's Motion to Dismiss Case EH        

        Docket 51

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

        8/1/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Roberto Gutierrez Represented By Paul Y Lee

        Joint Debtor(s):

        Gabriela Gutierrez Represented By Paul Y Lee

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:15-19300


        Andrea Millette Tucker


        Chapter 13


        #17.00 Trustee's Motion to Dismiss Case EH     

        Docket 131

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/30/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Andrea Millette Tucker Represented By Dana Travis

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:15-19338


        Jesus Aguilar and Maria G Aguilar


        Chapter 13


        #18.00 Trustee's Motion to Dismiss Case EH         

        Docket 101

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/13/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Jesus Aguilar Represented By

        Jaime A Cuevas Jr.

        Joint Debtor(s):

        Maria G Aguilar Represented By Jaime A Cuevas Jr.

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:15-19432


        Kirk Eugene Frantz and Mary Elizabeth Frantz


        Chapter 13


        #19.00 Trustee's Motion to Dismiss Case EH        

        Docket 235


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Kirk Eugene Frantz Represented By Jenny L Doling

        Joint Debtor(s):

        Mary Elizabeth Frantz Represented By Jenny L Doling

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:15-19517


        Bruce Stewart Gardner and Michelle Marie Gardner


        Chapter 13


        #20.00 Trustee's Motion to Dismiss Case EH        

        Docket 52

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/21/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Bruce Stewart Gardner Represented By James P Doan

        Joint Debtor(s):

        Michelle Marie Gardner Represented By James P Doan

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:15-20062


        Lilia Ivethe Fong


        Chapter 13


        #21.00 Trustee's Motion to Dismiss Case EH        

        Docket 113

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/21/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Lilia Ivethe Fong Represented By John F Brady

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:15-20150


        Kevin Kim Nettles and Sara Margaret Nettles


        Chapter 13


        #22.00 Trustee's Motion to Dismiss Case EH         

        Docket 111

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

        8/1/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Kevin Kim Nettles Represented By

        M. Wayne Tucker

        Joint Debtor(s):

        Sara Margaret Nettles Represented By

        M. Wayne Tucker

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:15-21999


        Brian Richard DeMoulpied


        Chapter 13


        #23.00 Trustee's Motion to Dismiss Case EH        

        Docket 71


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Brian Richard DeMoulpied Represented By David Lozano

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:16-10385


        Adolfo Gonzalez and Angelica Gonzalez


        Chapter 13


        #24.00 Trustee's Motion to Dismiss Case EH        

        Docket 114

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/18/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Adolfo Gonzalez Represented By Jaime A Cuevas Jr.

        Joint Debtor(s):

        Angelica Gonzalez Represented By Jaime A Cuevas Jr.

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:16-10710


        Charles Edward Horton


        Chapter 13


        #25.00 Trustee's Motion to Dismiss Case EH         

        Docket 65

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/19/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Charles Edward Horton Represented By John F Brady

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:16-11877


        Allan Martin Borgen


        Chapter 13


        #26.00 Trustee's Motion to Dismiss Case EH         

        Docket 86


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Allan Martin Borgen Represented By Todd L Turoci

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:16-13404


        Alberto Plascencia and Martina Plascencia


        Chapter 13


        #27.00 Trustee's Motion to Dismiss Case EH        

        Docket 89


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Alberto Plascencia Represented By Paul Y Lee

        Joint Debtor(s):

        Martina Plascencia Represented By Paul Y Lee

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:16-14457


        Milorad Mileusnic and Sonja Mileusnic


        Chapter 13


        #28.00 Trustee's Motion to Dismiss Case EH        

        Docket 101

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/21/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Milorad Mileusnic Represented By Jenny L Doling

        Joint Debtor(s):

        Sonja Mileusnic Represented By Jenny L Doling

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:16-15668


        Roger C Jefferson


        Chapter 13


        #29.00 Trustee's Motion to Dismiss Case EH        

        Docket 182

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/18/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Roger C Jefferson Represented By Paul Y Lee

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:16-15959


        Feliciano Julian De Vera and Pacita DelaCruz De Vera


        Chapter 13


        #30.00 Trustee's Motion to Dismiss Case EH         

        Docket 50

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/23/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Feliciano Julian De Vera Represented By Lawrence B Yang

        Joint Debtor(s):

        Pacita DelaCruz De Vera Represented By Lawrence B Yang

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:16-16702


        Patsy Jean Patterson


        Chapter 13


        #31.00 Trustee's Motion to Dismiss Case EH        

        Docket 36

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/23/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Patsy Jean Patterson Represented By Jonathan D Doan

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:16-17215


        Carmen Saucedo


        Chapter 13


        #32.00 Trustee's Motion to Dismiss Case EH        

        Docket 74

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

        8/1/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Carmen Saucedo Represented By Michael Smith Craig K Streed Sundee M Teeple

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:16-17736


        Willie Elvin Chambers and Marlene Shirley Chambers


        Chapter 13


        #33.00 Trustee's Motion to Dismiss Case EH        

        Docket 90

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/16/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Willie Elvin Chambers Represented By Heather J Canning Barry E Borowitz

        Joint Debtor(s):

        Marlene Shirley Chambers Represented By Heather J Canning Barry E Borowitz

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:16-17765


        Mary Jones


        Chapter 13


        #34.00 Trustee's Motion to Dismiss Case EH        

        Docket 64

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/10/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Mary Jones Represented By

        Matthew D. Resnik

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:16-18069


        Gwyneth Martin


        Chapter 13


        #35.00 Trustee's Motion to Dismiss Case EH        

        Docket 45

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/10/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Gwyneth Martin Represented By Paul Y Lee

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:16-18182


        Douglas Edward Goodman and Anne Louise Goodman


        Chapter 13


        #36.00 Trustee's Motion to Dismiss Case EH        

        Docket 138


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Douglas Edward Goodman Represented By Edward T Weber

        Joint Debtor(s):

        Anne Louise Goodman Represented By Edward T Weber

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:16-18190


        John Adam Tribue, IV


        Chapter 13


        #37.00 Trustee's Motion to Dismiss Case EH        

        Docket 96

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

        8/5/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        John Adam Tribue IV Represented By Norma Duenas

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:16-18529


        Ricardo Carranza and Teresa D. Sotelo


        Chapter 13


        #38.00 Trustee's Motion to Dismiss Case EH        

        Docket 59

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/13/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Ricardo Carranza Represented By Michael Smith Craig K Streed Sundee M Teeple

        Joint Debtor(s):

        Teresa D. Sotelo Represented By Michael Smith Craig K Streed Sundee M Teeple

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:16-18990


        John D Castro, Jr and Jennifer Manda Castro


        Chapter 13


        #39.00 Trustee's Motion to Dismiss Case EH        

        Docket 128


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        John D Castro Jr Represented By Chris A Mullen

        Joint Debtor(s):

        Jennifer Manda Castro Represented By Chris A Mullen

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:16-19018


        Ingeborg Margarete Preisendanz


        Chapter 13


        #40.00 Trustee's Motion to Dismiss Case EH        

        Docket 70

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/13/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Ingeborg Margarete Preisendanz Represented By

        Danny K Agai

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:16-19396


        Pamela Lynn King


        Chapter 13


        #41.00 Trustee's Motion to Dismiss Case EH        

        Docket 80

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/16/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Pamela Lynn King Represented By

        M. Wayne Tucker

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:16-19452


        Matthew Franklin Brown and Denise Gay Brown


        Chapter 13


        #42.00 Trustee's Motion to Dismiss Case EH        

        Docket 36

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/28/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Matthew Franklin Brown Represented By Edward G Topolski

        Joint Debtor(s):

        Denise Gay Brown Represented By Edward G Topolski

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:16-19869


        Sonia Galicia


        Chapter 13


        #43.00 Trustee's Motion to Dismiss Case EH        

        Docket 40

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/20/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Sonia Galicia Represented By

        Paul Y Lee

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:16-19962


        Fonda Cormier


        Chapter 13


        #44.00 Trustee's Motion to Dismiss Case EH        

        Docket 112

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/10/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Fonda Cormier Represented By Michael Smith

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:16-20109


        Gilberto Herrera and Monica Herrera


        Chapter 13


        #45.00 Trustee's Motion to Dismiss Case EH         

        Docket 67

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

        8/1/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Gilberto Herrera Represented By Todd L Turoci

        Joint Debtor(s):

        Monica Herrera Represented By Todd L Turoci

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:16-20186


        Donald John Hanson and Mary Merzella Hanson


        Chapter 13


        #46.00 Trustee's Motion to Dismiss Case EH        

        Docket 65

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

        8/1/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Donald John Hanson Represented By Manfred Schroer

        Joint Debtor(s):

        Mary Merzella Hanson Represented By Manfred Schroer

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:16-20260


        Javier Lopez and Carmen Lopez


        Chapter 13


        #47.00 Trustee's Motion to Dismiss Case EH        

        Docket 39

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/20/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Javier Lopez Represented By

        Christopher Hewitt

        Joint Debtor(s):

        Carmen Lopez Represented By Christopher Hewitt

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:16-20610


        Sayel S. Abuhasou


        Chapter 13


        #48.00 Trustee's Motion to Dismiss Case EH        

        Docket 36

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

        8/1/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Sayel S. Abuhasou Represented By Ronald L Brownson

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:17-10414


        Felipe Morales


        Chapter 13


        #49.00 Trustee's Motion to Dismiss Case EH        

        Docket 39

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/23/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Felipe Morales Represented By Rebecca Tomilowitz

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:17-10982


        Ruby Duran Garcia


        Chapter 13


        #50.00 Trustee's Motion to Dismiss Case EH        

        Docket 37

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

        8/5/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Ruby Duran Garcia Represented By Christopher Hewitt

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:17-11131


        Bruce Howard Ruggles and Ann Marie Ruggles


        Chapter 13


        #51.00 Trustee's Motion to Dismiss Case EH        

        Docket 178


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Bruce Howard Ruggles Represented By John F Brady

        Joint Debtor(s):

        Ann Marie Ruggles Represented By John F Brady

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:17-11177


        Gary Wayne Turner and Wanda Renay Turner


        Chapter 13


        #52.00 Trustee's Motion to Dismiss Case EH        

        Docket 73

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/16/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Gary Wayne Turner Represented By

        Ramiro Flores Munoz

        Joint Debtor(s):

        Wanda Renay Turner Represented By

        Ramiro Flores Munoz

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:17-11727


        Uy Thanh Nguyen and Seva Nguyen


        Chapter 13


        #53.00 Trustee's Motion to Dismiss Case EH         

        Docket 41

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/28/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Uy Thanh Nguyen Represented By Dana Travis

        Joint Debtor(s):

        Seva Nguyen Represented By

        Dana Travis

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:17-12307


        Darla Bell


        Chapter 13


        #54.00 Trustee's Motion to Dismiss Case EH         

        Docket 36

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/13/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Darla Bell Represented By

        Andrew Nguyen

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:17-12758


        Luis A Jovel


        Chapter 13


        #55.00 Trustee's Motion to Dismiss Case EH        

        Docket 76

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/30/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Luis A Jovel Represented By

        Manfred Schroer

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:17-13089


        Marie Cooper and Albert Cooper


        Chapter 13


        #56.00 Trustee's Motion to Dismiss Case EH        

        Docket 75

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/20/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Marie Cooper Represented By Amanda G Billyard Andy C Warshaw

        Joint Debtor(s):

        Albert Cooper Represented By Amanda G Billyard Andy C Warshaw

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:17-13165


        Richard Ortiz and Dolores Ortiz


        Chapter 13


        #57.00 Trustee's Motion to Dismiss Case EH        

        Docket 62


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Richard Ortiz Represented By Elena Steers

        Joint Debtor(s):

        Dolores Ortiz Represented By Elena Steers

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:17-13464


        Alvin M. Ching and Aphrodyte D. Ching


        Chapter 13


        #58.00 Trustee's Motion to Dismiss Case EH        

        Docket 38

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/30/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Alvin M. Ching Represented By Keith Q Nguyen

        Joint Debtor(s):

        Aphrodyte D. Ching Represented By Keith Q Nguyen

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:17-13719


        Sam Venero


        Chapter 13


        #59.00 Trustee's Motion to Dismiss Case EH        

        Docket 68

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/28/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Sam Venero Represented By

        Edward T Weber

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:17-13729


        Paula Rosales


        Chapter 13


        #60.00 Trustee's Motion to Dismiss Case EH        

        Docket 65

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/18/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Paula Rosales Represented By William Radcliffe

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:17-13820


        Guadalupe Espinoza


        Chapter 13


        #61.00 Trustee's Motion to Dismiss Case EH        

        Docket 57

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/18/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Guadalupe Espinoza Represented By Edwing F Keller

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:17-14549


        Denice Laree Grimes and Derrick Gregory Grimes


        Chapter 13


        #62.00 Trustee's Motion to Dismiss Case EH        

        Docket 78


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Denice Laree Grimes Represented By

        M. Wayne Tucker

        Joint Debtor(s):

        Derrick Gregory Grimes Represented By

        M. Wayne Tucker

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:17-14650


        Brian Eugene Anderson and Gina Marie Anderson


        Chapter 13


        #63.00 Trustee's Motion to Dismiss Case EH        

        Docket 66


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Brian Eugene Anderson Represented By Todd L Turoci

        Joint Debtor(s):

        Gina Marie Anderson Represented By Todd L Turoci Shonna Cobb

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:17-14789


        Sadia Sohail


        Chapter 13


        #64.00 Trustee's Motion to Dismiss Case EH        

        Docket 100

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/19/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Sadia Sohail Represented By

        Rabin J Pournazarian

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:17-14790


        Ernesto Ayon Lopez and Dolores Millan Sanchez


        Chapter 13


        #65.00 Trustee's Motion to Dismiss Case EH        

        Docket 67


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Ernesto Ayon Lopez Represented By James G. Beirne

        Joint Debtor(s):

        Dolores Millan Sanchez Represented By James G. Beirne

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:17-14798


        Gail Katherine Stump


        Chapter 13


        #66.00 Trustee's Motion to Dismiss Case EH        

        Docket 51

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/13/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Gail Katherine Stump Represented By Michael E Clark

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:17-14909


        Louis Lee Brown, III and Teri Claudette Brown


        Chapter 13


        #67.00 Trustee's Motion to Dismiss Case EH        

        Docket 35

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/20/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Louis Lee Brown III Represented By Summer M Shaw

        Joint Debtor(s):

        Teri Claudette Brown Represented By Summer M Shaw

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:17-15660


        Guillermina Perez


        Chapter 13


        #68.00 Trustee's Motion to Dismiss Case EH        

        Docket 69


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Guillermina Perez Represented By Paul Y Lee

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:17-15693


        Rita Maria Maldonado


        Chapter 13


        #69.00 Trustee's Motion to Dismiss Case EH        

        Docket 33

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/20/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Rita Maria Maldonado Represented By Todd L Turoci

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:17-15772


        Annette Leshon Rudd


        Chapter 13


        #70.00 Trustee's Motion to Dismiss Case EH        

        Docket 128

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/21/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Annette Leshon Rudd Represented By John F Brady

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:17-16114


        Allan Omar Ramos


        Chapter 13


        #71.00 Trustee's Motion to Dismiss Case EH        

        Docket 60


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Allan Omar Ramos Represented By Julie J Villalobos

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:17-16249


        Ruben Quintero Palafox, Jr.


        Chapter 13


        #72.00 Trustee's Motion to Dismiss Case EH        

        Docket 46


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Ruben Quintero Palafox Jr. Represented By Yoon O Ham

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:17-16295


        Coe Lamoureux and Julie Lamoureux


        Chapter 13


        #73.00 Trustee's Motion to Dismiss Case EH        

        Docket 54

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/28/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Coe Lamoureux Represented By

        W. Derek May

        Joint Debtor(s):

        Julie Lamoureux Represented By

        W. Derek May

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:17-16667


        Linda Revoner


        Chapter 13


        #74.00 Trustee's Motion to Dismiss Case EH        

        Docket 62

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/29/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Linda Revoner Represented By Paul Y Lee

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:17-17402


        Thomas Lee Abercrombie and Rebecca Anne Abercrombie


        Chapter 13


        #75.00 Trustee's Motion to Dismiss Case EH        

        Docket 125

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/13/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Thomas Lee Abercrombie Represented By

        Rabin J Pournazarian

        Joint Debtor(s):

        Rebecca Anne Abercrombie Represented By

        Rabin J Pournazarian

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:17-17531


        Harvey Everett Mosely and Jean Ann Mosely


        Chapter 13


        #76.00 Trustee's Motion to Dismiss Case EH        

        Docket 71

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/28/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Harvey Everett Mosely Represented By Paul Y Lee

        Joint Debtor(s):

        Jean Ann Mosely Represented By Paul Y Lee

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:17-17612


        Jose Guadalupe Sandoval


        Chapter 13


        #77.00 Trustee's Motion to Dismiss Case EH        

        Docket 57


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Jose Guadalupe Sandoval Represented By Michael E Clark Barry E Borowitz

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:17-17879


        Rosa Del Carmen Cruz


        Chapter 13


        #78.00 Trustee's Motion to Dismiss Case EH         

        Docket 37

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/12/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Rosa Del Carmen Cruz Represented By Dana Travis

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:17-18388


        Gregorio Orozco Sotelo


        Chapter 13


        #79.00 Trustee's Motion to Dismiss Case EH        

        Docket 51

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/21/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Gregorio Orozco Sotelo Represented By

        Lisa F Collins-Williams

        Trustee(s):

        Rod Danielson (TR) Represented By

        Lisa F Collins-Williams

        1:00 PM

        6:17-18542


        Carolyn Joyce Brooks


        Chapter 13


        #80.00 Trustee's Motion to Dismiss Case EH        

        Docket 52

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

        8/1/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Carolyn Joyce Brooks Represented By Dana Travis

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:17-18643


        Daniel Robert Shapiro


        Chapter 13


        #81.00 Trustee's Motion to Dismiss Case EH         

        Docket 50

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/16/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Daniel Robert Shapiro Pro Se

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:17-18669


        Hector Rene Flores, Jr. and Mayra Cecilia Canchola


        Chapter 13


        #82.00 Trustee's Motion to Dismiss Case EH        

        Docket 77

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/23/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Hector Rene Flores Jr. Represented By Kevin Tang

        Joint Debtor(s):

        Mayra Cecilia Canchola Vasquez Represented By

        Kevin Tang

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:17-18720


        Patricia Morales


        Chapter 13


        #83.00 Trustee's Motion to Dismiss Case EH        

        Docket 102

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/17/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Patricia Morales Represented By Dana Travis

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:17-18786


        Edgar Raymond Domingue, Sr.


        Chapter 13


        #84.00 Trustee's Motion to Dismiss Case EH        

        Docket 56

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

        8/1/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Edgar Raymond Domingue Sr. Represented By Gregory M Shanfeld

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:17-18813


        Virginia Fonseca and Jesus Fonseca, III


        Chapter 13


        #85.00 Trustee's Motion to Dismiss Case EH        

        Docket 43

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/15/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Virginia Fonseca Represented By Andy C Warshaw

        Joint Debtor(s):

        Jesus Fonseca III Represented By Andy C Warshaw

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:17-19083


        Juan Hernandez


        Chapter 13


        #86.00 Trustee's Motion to Dismiss Case EH        

        Docket 38

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/23/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Juan Hernandez Represented By Rebecca Tomilowitz

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:17-19291


        Carolyn Maxine Bodden


        Chapter 13


        #87.00 Trustee's Motion to Dismiss Case EH        

        Docket 51

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/18/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Carolyn Maxine Bodden Represented By Edward G Topolski

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:17-19589


        Rodrigo Fernando Ramirez Guinea


        Chapter 13


        #88.00 Trustee's Motion to Dismiss Case EH        

        Docket 65


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Rodrigo Fernando Ramirez Guinea Represented By

        James G. Beirne

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:17-20114


        Frank Garcia and Susan Garcia


        Chapter 13


        #89.00 Trustee's Motion to Dismiss Case EH        

        Docket 67

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/19/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Frank Garcia Represented By

        Paul Y Lee

        Joint Debtor(s):

        Susan Garcia Represented By

        Paul Y Lee

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:17-20117


        Tiffany Venice Turner


        Chapter 13


        #90.00 Trustee's Motion to Dismiss Case EH        

        Docket 48

        *** VACATED *** REASON: CASE DISMISSED 8/20/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Tiffany Venice Turner Represented By Daniel King

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:17-20177


        Randal Scott Oakley and Christine Ann Oakley


        Chapter 13


        #91.00 Trustee's Motion to Dismiss Case EH        

        Docket 85


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Randal Scott Oakley Represented By Halli B Heston

        Joint Debtor(s):

        Christine Ann Oakley Represented By Halli B Heston

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:17-20240


        Natona Smith and Tameiko Smith


        Chapter 13


        #92.00 Trustee's Motion to Dismiss Case EH        

        Docket 52


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Natona Smith Represented By Natalie A Alvarado

        Joint Debtor(s):

        Tameiko Smith Represented By Natalie A Alvarado

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:17-20652


        Marian Amelia Pagano


        Chapter 13


        #93.00 Trustee's Motion to Dismiss Case EH        

        Docket 73

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/20/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Marian Amelia Pagano Represented By Frank J Alvarado

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-10261


        Nereeka Tamar Haynes


        Chapter 13


        #94.00 Trustee's Motion to Dismiss Case EH        

        Docket 69

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/24/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Nereeka Tamar Haynes Represented By Dana Travis

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-10416


        Jose Guadalupe Lopez and Margarita Lopez


        Chapter 13


        #95.00 Trustee's Motion to Dismiss Case EH        

        Docket 57


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Jose Guadalupe Lopez Represented By David Lozano

        Joint Debtor(s):

        Margarita Lopez Represented By David Lozano

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-10636


        Alejandro J. Casillas and Patricia Casillas


        Chapter 13


        #96.00 Trustee's Motion to Dismiss Case EH        

        Docket 60

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

        8/1/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Alejandro J. Casillas Represented By Tina H Trinh

        Joint Debtor(s):

        Patricia Casillas Represented By Tina H Trinh

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-11416


        Darlene J. Wadler


        Chapter 13


        #97.00 Trustee's Motion to Dismiss Case EH        

        Docket 52


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Darlene J. Wadler Represented By Michael Jay Berger

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-11489


        Jeremy Mayes and Heidi Mayes


        Chapter 13


        #98.00 Trustee's Motion to Dismiss Case EH        

        Docket 62

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/28/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Jeremy Mayes Represented By Todd L Turoci

        Joint Debtor(s):

        Heidi Mayes Represented By

        Todd L Turoci

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-11670


        Eric Reed Johnson and Kristine Lynn Johnson


        Chapter 13


        #99.00 Trustee's Motion to Dismiss Case EH        

        Docket 39

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

        8/1/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Eric Reed Johnson Represented By Todd L Turoci

        Joint Debtor(s):

        Kristine Lynn Johnson Represented By Todd L Turoci

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-11890


        Rogelio Ramos and Maria Escobar


        Chapter 13


        #100.00 Trustee's Motion to Dismiss Case EH        

        Docket 62

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/24/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Rogelio Ramos Represented By Rebecca Tomilowitz

        Joint Debtor(s):

        Maria Escobar Represented By Rebecca Tomilowitz

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-11924


        Don Gurule and Elaine Gurule


        Chapter 13


        #101.00 Trustee's Motion to Dismiss Case EH        

        Docket 101


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Don Gurule Represented By

        Christopher Hewitt

        Joint Debtor(s):

        Elaine Gurule Represented By Christopher Hewitt

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-12247


        Robert Memler


        Chapter 13


        #102.00 Trustee's Motion to Dismiss Case EH        

        Docket 34

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

        8/1/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Robert Memler Represented By

        D Justin Harelik

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-12272


        Edbin Gonzalez and Maria Chavarria


        Chapter 13


        #103.00 Trustee's Motion to Dismiss Case EH        

        Docket 34

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/10/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Edbin Gonzalez Represented By Rebecca Tomilowitz

        Joint Debtor(s):

        Maria Chavarria Represented By Rebecca Tomilowitz

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-12277


        Marta Samhouri


        Chapter 13


        #104.00 Trustee's Motion to Dismiss Case EH        

        Docket 31

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/23/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Marta Samhouri Represented By Paul Y Lee

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-12323


        Kevin E Horton and Manuel F. Dela Rosa


        Chapter 13


        #105.00 Trustee's Motion to Dismiss Case EH        

        Docket 59

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/29/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Kevin E Horton Represented By Todd L Turoci

        Joint Debtor(s):

        Manuel F. Dela Rosa Represented By Todd L Turoci

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-13014


        Elizabeth Dean


        Chapter 13


        #106.00 Trustee's Motion to Dismiss Case EH         

        Docket 42

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/23/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Elizabeth Dean Represented By Dana Travis

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-13102


        Luis Felipe Tejeda and Veronica Esther Tejeda


        Chapter 13


        #107.00 Trustee's Motion to Dismiss Case EH        

        Docket 54

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

        8/1/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Luis Felipe Tejeda Represented By Dana Travis

        Joint Debtor(s):

        Veronica Esther Tejeda Represented By Dana Travis

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-13111


        Eusebia Rios


        Chapter 13


        #108.00 Trustee's Motion to Dismiss Case EH        

        Docket 47

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/18/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Eusebia Rios Represented By

        Rebecca Tomilowitz

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-13208


        Robert Justice Morse, Jr. and Helen Julia Morse


        Chapter 13


        #109.00 Trustee's Motion to Dismiss Case EH        

        Docket 34

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/28/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Robert Justice Morse Jr. Represented By Robert W Ripley

        Joint Debtor(s):

        Helen Julia Morse Represented By Robert W Ripley

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-13335


        Annabelle M. Vigil


        Chapter 13


        #110.00 Trustee's Motion to Dismiss Case EH        

        Docket 102


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Annabelle M. Vigil Represented By Christopher J Langley Michael Smith

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-13714


        Jose Martinez and Aurora Martinez


        Chapter 13


        #111.00 Trustee's Motion to Dismiss Case EH        

        Docket 69

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/18/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Jose Martinez Represented By Rebecca Tomilowitz

        Joint Debtor(s):

        Aurora Martinez Represented By Rebecca Tomilowitz

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-13733


        Shannon Michelle Price


        Chapter 13


        #112.00 Trustee's Motion to Dismiss Case EH        

        Docket 30

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/23/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Shannon Michelle Price Represented By Brian J Soo-Hoo

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-14014


        Maggie Ruth Thomas


        Chapter 13


        #113.00 Trustee's Motion to Dismiss Case EH        

        Docket 53

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

        8/1/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Maggie Ruth Thomas Represented By Paul Y Lee

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-14144


        Ridley R. Molders


        Chapter 13


        #114.00 Trustee's Motion to Dismiss Case EH        

        Docket 31

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/23/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Ridley R. Molders Represented By Christopher J Langley

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-14516


        Gary Ray Osborn


        Chapter 13


        #115.00 Trustee's Motion to Dismiss Case EH        

        Docket 85

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/28/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Gary Ray Osborn Represented By Summer M Shaw

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-14770


        Lamar Ramon Benjamin


        Chapter 13


        #116.00 Trustee's Motion to Dismiss Case EH        

        Docket 70

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

        8/1/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Lamar Ramon Benjamin Represented By

        Ethan Kiwhan Chin

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-15446


        Gilberto Oliden and Irma Maria Oliden


        Chapter 13


        #117.00 Trustee's Motion to Dismiss Case EH        

        Docket 30

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/28/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Gilberto Oliden Represented By Lauren M Foley

        Joint Debtor(s):

        Irma Maria Oliden Represented By Lauren M Foley

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-15795


        Wanda Gonzalez and Filiberto Marquez Gonzalez


        Chapter 13


        #118.00 Trustee's Motion to Dismiss Case EH        

        Docket 36

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/19/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Wanda Gonzalez Represented By Benjamin R Heston

        Joint Debtor(s):

        Filiberto Marquez Gonzalez Represented By Benjamin R Heston

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-15900


        Adrio Soedarmo and Yolanda Soedarmo


        Chapter 13


        #119.00 Trustee's Motion to Dismiss Case EH         

        Docket 76

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

        8/1/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Adrio Soedarmo Represented By

        Ethan Kiwhan Chin

        Joint Debtor(s):

        Yolanda Soedarmo Represented By

        Ethan Kiwhan Chin

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-15970


        Incha K Lockhart


        Chapter 13


        #120.00 Trustee's Motion to Dismiss Case


        EH        


        Docket 36


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Incha K Lockhart Represented By Kevin Tang

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-16061


        Michelle Denise Kelly


        Chapter 13


        #121.00 Trustee's Motion to Dismiss Case EH        

        Docket 40

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/20/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Michelle Denise Kelly Represented By

        M. Wayne Tucker

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-16196


        Barbara Sue Patten


        Chapter 13


        #122.00 Trustee's Motion to Dismiss Case EH        

        Docket 38

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

        8/1/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Barbara Sue Patten Represented By Carey C Pickford

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-16237


        Miguel Santa Maria and Lilia Maldonado


        Chapter 13


        #123.00 Trustee's Motion to Dismiss Case EH        

        Docket 75


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Miguel Santa Maria Represented By Todd L Turoci

        Joint Debtor(s):

        Lilia Maldonado Represented By Todd L Turoci

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-16481


        Craig Anton Vendeville and Janelle Ronee Vendeville


        Chapter 13


        #124.00 Trustee's Motion to Dismiss Case EH        

        Docket 36

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/13/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Craig Anton Vendeville Represented By Jenny L Doling

        Joint Debtor(s):

        Janelle Ronee Vendeville Represented By Jenny L Doling

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-16503


        Irene Elizabeth Arias


        Chapter 13


        #125.00 Trustee's Motion to Dismiss Case EH        

        Docket 57


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Irene Elizabeth Arias Represented By Steven A Alpert

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-16643


        Jesus N Aguilera


        Chapter 13


        #126.00 Trustee's Motion to Dismiss Case EH        

        Docket 76

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

        8/1/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Jesus N Aguilera Represented By Paul Y Lee

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-16680


        Tanisha S. Santee


        Chapter 13


        #127.00 Trustee's Motion to Dismiss Case EH        

        Docket 53


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Tanisha S. Santee Represented By Keith Q Nguyen

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-16694


        Cynthia M Gonzalez and Guadalupe Siddiqui


        Chapter 13


        #128.00 Trustee's Motion to Dismiss Case EH        

        Docket 57


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Cynthia M Gonzalez Represented By Paul Y Lee

        Joint Debtor(s):

        Guadalupe Siddiqui Represented By Paul Y Lee

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-16856


        Jason Wade Trust and Shontay Leanne Trust


        Chapter 13


        #129.00 Trustee's Motion to Dismiss Case EH        

        Docket 72

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/19/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Jason Wade Trust Represented By Benjamin R Heston

        Joint Debtor(s):

        Shontay Leanne Trust Represented By Benjamin R Heston

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-16996


        Gabriel Cruz


        Chapter 13


        #130.00 Trustee's Motion to Dismiss Case EH        

        Docket 64

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/29/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Gabriel Cruz Represented By

        Christopher J Langley Michael Smith

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-17122


        Rena Renee Payne


        Chapter 13


        #131.00 Trustee's Motion to Dismiss Case EH        

        Docket 32

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/23/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Rena Renee Payne Represented By Michael Jay Berger

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-17204


        Justo Ocegueda


        Chapter 13


        #132.00 Trustee's Motion to Dismiss Case EH        

        Docket 57


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Justo Ocegueda Represented By Lionel E Giron

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-17556


        Daniel Javier Garcia


        Chapter 13


        #133.00 Trustee's Motion to Dismiss Case EH        

        Docket 91

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/19/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Daniel Javier Garcia Represented By Steven A Alpert

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-17676


        Patricia Ellen Bond-Gomez


        Chapter 13


        #134.00 Trustee's Motion to Dismiss Case EH        

        Docket 118


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Patricia Ellen Bond-Gomez Represented By John F Brady

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-17784


        David John Stoykovich, Jr. and Merlina Lynn Burton


        Chapter 13


        #135.00 Trustee's Motion to Dismiss Case EH        

        Docket 49


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        David John Stoykovich Jr. Represented By Todd L Turoci

        Joint Debtor(s):

        Merlina Lynn Burton Represented By Todd L Turoci

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-17946


        Erika Lynn Pruitt


        Chapter 13


        #136.00 Trustee's Motion to Dismiss Case EH        

        Docket 36


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Erika Lynn Pruitt Represented By

        Raj T Wadhwani

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-18402


        Susan Louise Marquez


        Chapter 13


        #137.00 Trustee's Motion to Dismiss Case EH        

        Docket 41

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/23/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Susan Louise Marquez Represented By Christopher Hewitt

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-18415


        Donna Denise Upton


        Chapter 13


        #138.00 Trustee's Motion to Dismiss Case EH        

        Docket 78

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

        8/1/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Donna Denise Upton Represented By Seema N Sood

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-18847


        Jennifer Lee Minkalis


        Chapter 13


        #139.00 Trustee's Motion to Dismiss Case EH        

        Docket 46

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/23/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Jennifer Lee Minkalis Represented By Steven A Alpert

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-19183


        Carmen Lynn Chilson


        Chapter 13


        #140.00 Trustee's Motion to Dismiss Case EH        

        Docket 89

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/28/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Carmen Lynn Chilson Represented By Steven A Alpert

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-19196


        Sheila Rosales Manabat


        Chapter 13


        #141.00 Trustee's Motion to Dismiss Case EH        

        Docket 71

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/12/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Sheila Rosales Manabat Represented By John A Varley

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-19277


        Kevin Daily


        Chapter 13


        #142.00 Trustee's Motion to Dismiss Case EH        

        Docket 47

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/10/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Kevin Daily Represented By

        Paul Y Lee

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-19340


        Dawn Michele McClure


        Chapter 13


        #143.00 Trustee's Motion to Dismiss Case EH        

        Docket 51

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/23/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Dawn Michele McClure Represented By Kevin Tang

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-19549


        Mary Joyce Rudolph


        Chapter 13


        #144.00 Trustee's Motion to Dismiss Case EH        

        Docket 35

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/23/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Mary Joyce Rudolph Represented By Jenny L Doling

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-19956


        Herman A. Wendorff and Monica Wendorff


        Chapter 13


        #145.00 Trustee's Motion to Dismiss Case EH        

        Docket 59

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/12/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Herman A. Wendorff Represented By Daniel King

        Joint Debtor(s):

        Monica Wendorff Represented By Daniel King

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-20070


        Alexander J Perfinowicz and Ingeborg Maria Pefinowicz


        Chapter 13


        #146.00 Trustee's Motion to Dismiss Case EH        

        Docket 67

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/20/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Alexander J Perfinowicz Represented By Manfred Schroer

        Joint Debtor(s):

        Ingeborg Maria Pefinowicz Represented By Manfred Schroer

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-20105


        Darrel Jay Rumsey and Fe Eruela Rumsey


        Chapter 13


        #147.00 Trustee's Motion to Dismiss Case EH        

        Docket 46

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/17/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Darrel Jay Rumsey Represented By Norma Duenas Andrea Liddick

        Joint Debtor(s):

        Fe Eruela Rumsey Represented By Norma Duenas

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-20176


        Garry Kenneth Frazier


        Chapter 13


        #148.00 Trustee's Motion to Dismiss Case EH        

        Docket 60


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Garry Kenneth Frazier Represented By John F Brady

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-20236


        Carlos Rizo and Desiree Santistevan


        Chapter 13


        #149.00 Trustee's Motion to Dismiss Case EH        

        Docket 37

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/23/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Carlos Rizo Represented By

        Erika Luna

        Joint Debtor(s):

        Desiree Santistevan Represented By Erika Luna

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-20847


        Erica Raquel Zavaleta


        Chapter 13


        #150.00 Trustee's Motion to Dismiss Case EH        

        Docket 65


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Erica Raquel Zavaleta Represented By William J Smyth Stephen S Smyth

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-20873


        Alfonso Alvarado, Jr. and Alpha Rubi Alvarado


        Chapter 13


        #151.00 Trustee's Motion to Dismiss Case EH        

        Docket 40

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/16/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Alfonso Alvarado Jr. Represented By Michael E Clark

        Joint Debtor(s):

        Alpha Rubi Alvarado Represented By Michael E Clark

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-10273


        Maisha Lenette Ghant-Elie


        Chapter 13


        #152.00 Trustee's Motion to Dismiss Case EH        

        Docket 85


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Maisha Lenette Ghant-Elie Represented By John F Brady

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-10401


        Gail Nash


        Chapter 13


        #153.00 Trustee's Motion to Dismiss Case EH        

        Docket 49


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Gail Nash Represented By

        Edward T Weber

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-10934


        Jorge Ramirez and Evelia Ramirez


        Chapter 13


        #154.00 Trustee's Motion to Dismiss Case EH        

        Docket 57

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/24/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Jorge Ramirez Represented By Christopher J Langley Michael Smith

        Joint Debtor(s):

        Evelia Ramirez Represented By Christopher J Langley Michael Smith

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-11103


        Golda Y Williams


        Chapter 13


        #155.00 Trustee's Motion to Dismiss Case EH        

        Docket 46

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/23/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Golda Y Williams Represented By Daniel King

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-11129


        Patrick M Reilly and Karen J Reilly


        Chapter 13


        #156.00 Trustee's Motion to Dismiss Case EH        

        Docket 47

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/12/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Patrick M Reilly Represented By James T Lillard

        Joint Debtor(s):

        Karen J Reilly Represented By James T Lillard

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-11619


        David Ray Bowman and Michelle Jan Bowman


        Chapter 13


        #157.00 Trustee's Motion to Dismiss Case EH        

        Docket 43

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/28/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        David Ray Bowman Represented By Carey C Pickford

        Joint Debtor(s):

        Michelle Jan Bowman Represented By Carey C Pickford

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-11751


        Leonard Lott and Darlene Lott


        Chapter 13


        #158.00 Trustee's Motion to Dismiss Case EH        

        Docket 40

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

        8/1/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Leonard Lott Represented By

        Daniel King

        Joint Debtor(s):

        Darlene Lott Represented By

        Daniel King

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-11835


        Eusebio H Martinez


        Chapter 13


        #159.00 Trustee's Motion to Dismiss Case EH        

        Docket 34

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/17/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Eusebio H Martinez Represented By Jaime A Cuevas Jr.

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-11933


        Maxine Tann


        Chapter 13


        #160.00 Trustee's Motion to Dismiss Case EH        

        Docket 32


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Maxine Tann Represented By

        Christopher Hewitt

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-12113


        Rudy Torres Garcia and Irma Valencia Garcia


        Chapter 13


        #161.00 Trustee's Motion to Dismiss Case EH        

        Docket 35

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/13/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Rudy Torres Garcia Represented By

        Rabin J Pournazarian

        Joint Debtor(s):

        Irma Valencia Garcia Represented By

        Rabin J Pournazarian

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-12218


        Keionna Marie Pitts


        Chapter 13


        #162.00 Trustee's Motion to Dismiss Case EH        

        Docket 46

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/13/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Keionna Marie Pitts Represented By Dana Travis

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-12323


        Isela Irma Vega


        Chapter 13


        #163.00 Trustee's Motion to Dismiss Case EH        

        Docket 33

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/11/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Isela Irma Vega Represented By Gregory M Shanfeld

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-12398


        Jerry Melendrez and Laura Therese Melendrez


        Chapter 13


        #164.00 Trustee's Motion to Dismiss Case EH        

        Docket 58


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Jerry Melendrez Represented By Todd L Turoci

        Joint Debtor(s):

        Laura Therese Melendrez Represented By Todd L Turoci

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-12482


        Ramon Leo Delgado


        Chapter 13


        #165.00 Trustee's Motion to Dismiss Case EH        

        Docket 41

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/13/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Ramon Leo Delgado Represented By Brian J Soo-Hoo

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-12483


        Hector Jesus Sevilla


        Chapter 13


        #166.00 Trustee's Motion to Dismiss Case EH        

        Docket 34

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/24/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Hector Jesus Sevilla Represented By Brian J Soo-Hoo

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-12699


        Luis Enrique Chavez


        Chapter 13


        #167.00 Trustee's Motion to Dismiss Case EH        

        Docket 44

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/20/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Luis Enrique Chavez Represented By Giovanni Orantes

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-12702


        Cesar Armando Carrillo


        Chapter 13


        #168.00 Trustee's Motion to Dismiss Case EH        

        Docket 40

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/24/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Cesar Armando Carrillo Represented By Matthew D. Resnik

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-13314


        Tamra Gillian Rehak


        Chapter 13


        #169.00 Trustee's Motion to Dismiss Case EH        

        Docket 61

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/23/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Tamra Gillian Rehak Represented By Norma Duenas

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-13514


        Michael Ray Sandoval


        Chapter 13


        #170.00 Trustee's Motion to Dismiss Case EH        

        Docket 51


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Michael Ray Sandoval Represented By Jaime A Cuevas Jr.

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-13757


        Vernita Goodwin


        Chapter 13


        #171.00 Trustee's Motion to Dismiss Case EH        

        Docket 35

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/23/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Vernita Goodwin Represented By Steven A Alpert

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-13761


        M Evan Parker-Calderon and Elton Parker-Calderon


        Chapter 13


        #172.00 Trustee's Motion to Dismiss Case EH        

        Docket 41

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/23/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        M Evan Parker-Calderon Represented By Summer M Shaw

        Joint Debtor(s):

        Elton Parker-Calderon Represented By Summer M Shaw

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-13876


        Christopher Steven Henthorn and Christine Lynne Apodaca


        Chapter 13


        #173.00 Trustee's Motion to Dismiss Case EH        

        Docket 41


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Christopher Steven Henthorn Represented By Seema N Sood

        Joint Debtor(s):

        Christine Lynne Apodaca Represented By Seema N Sood

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-14370


        Germaine Denice Carr


        Chapter 13


        #174.00 Trustee's Motion to Dismiss Case EH        

        Docket 40

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

        8/1/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Germaine Denice Carr Represented By Michael E Clark Barry E Borowitz

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-14623


        Erlwin E Williams


        Chapter 13


        #175.00 Trustee's Motion to Dismiss Case EH        

        Docket 49


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Erlwin E Williams Represented By Laleh Ensafi

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-14735


        Trinen Arniese Pratt


        Chapter 13


        #176.00 Trustee's Motion to Dismiss Case EH        

        Docket 84

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/13/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Trinen Arniese Pratt Represented By

        Rabin J Pournazarian

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-14800


        Bradley J Allanach


        Chapter 13


        #177.00 Trustee's Motion to Dismiss Case EH        

        Docket 24

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/23/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Bradley J Allanach Represented By Paul Y Lee

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-14847


        Phonmany Phengphavong


        Chapter 13


        #178.00 Trustee's Motion to Dismiss Case EH        

        Docket 53

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

        8/1/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Phonmany Phengphavong Represented By Todd L Turoci

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-15018


        Diana Nava and Ramiro Nava


        Chapter 13


        #179.00 Trustee's Motion to Dismiss Case EH        

        Docket 51

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/13/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Diana Nava Represented By

        Joseph A Weber Fritz J Firman

        Joint Debtor(s):

        Ramiro Nava Represented By

        Joseph A Weber Fritz J Firman

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-15270


        La Chatta P Hunter


        Chapter 13


        #180.00 Trustee's Motion to Dismiss Case EH        

        Docket 40

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/24/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        La Chatta P Hunter Represented By Daniel King

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-15368


        Phillip Herrera and Mayra Herrera


        Chapter 13


        #181.00 Trustee's Motion to Dismiss Case


        EH        


        Docket 27

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

        8/1/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Phillip Herrera Represented By Paul Y Lee

        Joint Debtor(s):

        Mayra Herrera Represented By Paul Y Lee

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-15460


        Frank Rubin Carrillo


        Chapter 13


        #182.00 Trustee's Motion to Dismiss Case EH        

        Docket 42

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/28/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Frank Rubin Carrillo Represented By Daniel King

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-15489


        Angel B Castro, Sr. and Elizabeth Castro


        Chapter 13


        #183.00 Trustee's Motion to Dismiss Case EH        

        Docket 36

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/30/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Angel B Castro Sr. Represented By Kevin Tang

        Joint Debtor(s):

        Elizabeth Castro Represented By Kevin Tang

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-15598


        Alma Barbara Ewing


        Chapter 13


        #184.00 Trustee's Motion to Dismiss Case EH        

        Docket 47

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

        8/1/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Alma Barbara Ewing Represented By Steven A Alpert

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-15665


        Kenyaita Denise Washington


        Chapter 13


        #185.00 Trustee's Motion to Dismiss Case EH        

        Docket 50

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/13/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Kenyaita Denise Washington Represented By Norma Duenas

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-15695


        Jose Manuel Urena-Hernandez and Veronica Galvez


        Chapter 13


        #186.00 Trustee's Motion to Dismiss Case EH        

        Docket 48


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Jose Manuel Urena-Hernandez Represented By Michael E Clark Barry E Borowitz

        Joint Debtor(s):

        Veronica Galvez Represented By Michael E Clark Barry E Borowitz

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-15859


        Delmer Sylvester and Susan Sylvester


        Chapter 13


        #187.00 Trustee's Motion to Dismiss Case EH        

        Docket 32

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/21/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Delmer Sylvester Represented By Paul Y Lee

        Joint Debtor(s):

        Susan Sylvester Represented By Paul Y Lee

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-15980


        Jonathon Keith Stoner and Jacqueline Belinda Stoner


        Chapter 13


        #188.00 Trustee's Motion to Dismiss Case EH        

        Docket 44

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

        8/7/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Jonathon Keith Stoner Represented By Sundee M Teeple

        Joint Debtor(s):

        Jacqueline Belinda Stoner Represented By Sundee M Teeple

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-16072


        Sara Rolston


        Chapter 13


        #189.00 Trustee's Motion to Dismiss Case EH        

        Docket 31


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Sara Rolston Represented By

        Paul Y Lee

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-16369


        Jorge Luis Ibarra Carrillo


        Chapter 13


        #190.00 Trustee's Motion to Dismiss Case EH        

        Docket 46


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Jorge Luis Ibarra Carrillo Represented By Matthew D. Resnik

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-16544


        Rudy Michael Castillo and Monica Michelle Castillo


        Chapter 13


        #191.00 Trustee's Motion to Dismiss Case EH        

        Docket 55

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/24/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Rudy Michael Castillo Represented By Nicholas M Wajda

        Joint Debtor(s):

        Monica Michelle Castillo Represented By Nicholas M Wajda

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-16728


        Patrocinio Castaneda and Liliana Salgado


        Chapter 13


        #192.00 Trustee's Motion to Dismiss Case EH        

        Docket 31

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/17/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Patrocinio Castaneda Represented By

        George C Panagiotou

        Joint Debtor(s):

        Liliana Salgado Represented By

        George C Panagiotou

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-16881


        Juan Manuel Andrade and Cecilia R Andrade


        Chapter 13


        #193.00 Trustee's Motion to Dismiss Case EH        

        Docket 62

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/23/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Juan Manuel Andrade Represented By

        J.D. Cuzzolina

        Joint Debtor(s):

        Cecilia R Andrade Represented By

        J.D. Cuzzolina

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-16941


        Latacia D Sanders


        Chapter 13


        #194.00 Trustee's Motion to Dismiss Case EH        

        Docket 52


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Latacia D Sanders Pro Se

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-16977


        Mark E Harvey


        Chapter 13


        #195.00 Trustee's Motion to Dismiss Case EH        

        Docket 58


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Mark E Harvey Represented By Paul Y Lee

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-17080


        Cesar Orozco


        Chapter 13


        #196.00 Trustee's Motion to Dismiss Case EH        

        Docket 44


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Cesar Orozco Represented By Paul Y Lee

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-17091


        Edward A Jandt and Shelley A Jandt


        Chapter 13


        #197.00 Trustee's Motion to Dismiss Case EH        

        Docket 36

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

        8/1/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Edward A Jandt Represented By Christopher Hewitt

        Joint Debtor(s):

        Shelley A Jandt Represented By Christopher Hewitt

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-17416


        Gerald Curtis Collins and Valerie Cecelia Collins


        Chapter 13


        #198.00 Trustee's Motion to Dismiss Case EH        

        Docket 53

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/23/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Gerald Curtis Collins Represented By

        M. Wayne Tucker

        Joint Debtor(s):

        Valerie Cecelia Collins Represented By

        M. Wayne Tucker

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-17484


        Jorel Esteban Zambrano and Sandy Rose Zambrano


        Chapter 13


        #199.00 Trustee's Motion to Dismiss Case EH        

        Docket 30

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/17/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Jorel Esteban Zambrano Represented By Carey C Pickford

        Joint Debtor(s):

        Sandy Rose Zambrano Represented By Carey C Pickford

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-17725


        Michelle R. Rayner


        Chapter 13


        #200.00 Trustee's Motion to Dismiss Case EH        

        Docket 41

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/13/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Michelle R. Rayner Represented By Terrence Fantauzzi

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-17775


        Floretta Love


        Chapter 13


        #201.00 Trustee's Motion to Dismiss Case EH         

        Docket 28

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/21/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Floretta Love Represented By

        Kevin Tang

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-17785


        Harinder Heera


        Chapter 13


        #202.00 Trustee's Motion to Dismiss Case EH        

        Docket 30


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Harinder Heera Represented By Christopher J Langley Michael Smith

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-17987


        John A Kiernan and Maria Kiernan


        Chapter 13


        #203.00 Trustee's Motion to Dismiss Case EH        

        Docket 29

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

        8/1/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        John A Kiernan Represented By Paul Y Lee

        Joint Debtor(s):

        Maria Kiernan Represented By Paul Y Lee

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-18289


        Zackery B. Ogletree and Danielle Police


        Chapter 13


        #204.00 Trustee's Motion to Dismiss Case EH        

        Docket 29

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/30/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Zackery B. Ogletree Represented By

        James D. Hornbuckle

        Joint Debtor(s):

        Danielle Police Represented By

        James D. Hornbuckle

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-18361


        Jorge Mercado and Martha Mercado


        Chapter 13


        #205.00 Trustee's Motion to Dismiss Case EH        

        Docket 52


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Jorge Mercado Represented By Paul Y Lee

        Joint Debtor(s):

        Martha Mercado Represented By Paul Y Lee

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-18397


        Mark David Dixon


        Chapter 13


        #206.00 Trustee's Motion to Dismiss Case EH        

        Docket 31


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Mark David Dixon Represented By April E Roberts

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-18697


        Luci Denise. Green


        Chapter 13


        #207.00 Trustee's Motion to Dismiss Case EH        

        Docket 33

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/23/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Luci Denise. Green Represented By Nicholas M Wajda

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-18705


        Regina Huber


        Chapter 13


        #208.00 Trustee's Motion to Dismiss Case EH        

        Docket 43

        *** VACATED *** REASON: CASE DISMISSED 7/16/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Regina Huber Represented By

        Alon Darvish - SUSPENDED BK -

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-18761


        Alejandro E. Penaloza and Maria G. Penaloza


        Chapter 13


        #209.00 Trustee's Motion to Dismiss Case EH        


        Docket 70


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Alejandro E. Penaloza Represented By Sundee M Teeple

        Joint Debtor(s):

        Maria G. Penaloza Represented By Sundee M Teeple

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-18906


        Michael D Albrecht and Irene R Albrecht


        Chapter 13


        #210.00 Trustee's Motion to Dismiss Case EH        

        Docket 33

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/20/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Michael D Albrecht Represented By Paul Y Lee

        Joint Debtor(s):

        Irene R Albrecht Represented By Paul Y Lee

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-19063


        Paul Edward Young, Jr.


        Chapter 13


        #211.00 Trustee's Motion to Dismiss Case EH        

        Docket 49


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Paul Edward Young Jr. Represented By Seema N Sood

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-19092


        Hakim M. Iscandari and Christine E. Allen


        Chapter 13


        #212.00 Trustee's Motion to Dismiss Case EH        

        Docket 98


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Hakim M. Iscandari Represented By Christopher J Langley Michael Smith

        Joint Debtor(s):

        Christine E. Allen Represented By Christopher J Langley Michael Smith

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-19106


        David Cornelius Watson and Crystal Tamara Watson


        Chapter 13


        #213.00 Trustee's Motion to Dismiss Case EH        

        Docket 42

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

        8/1/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        David Cornelius Watson Represented By Todd L Turoci

        Joint Debtor(s):

        Crystal Tamara Watson Represented By Todd L Turoci

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-19127


        Brenadette Schoby


        Chapter 13


        #214.00 Trustee's Motion to Dismiss Case EH        

        Docket 55


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Brenadette Schoby Represented By

        Dennis A Rasmussen

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-19251


        Adam Brian Britt and Kenya Lashawn Britt


        Chapter 13


        #215.00 Trustee's Motion to Dismiss Case EH        

        Docket 38

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/23/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Adam Brian Britt Represented By Matthew D. Resnik

        Joint Debtor(s):

        Kenya Lashawn Britt Represented By Matthew D. Resnik

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-19300


        Nicholas A. Asamoa


        Chapter 13


        #216.00 Trustee's Motion to Dismiss Case EH        

        Docket 28


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Nicholas A. Asamoa Represented By Stephen S Smyth

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-19308


        Davina Stowers-Burgess


        Chapter 13


        #217.00 Trustee's Motion to Dismiss Case EH         

        Docket 26

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

        8/7/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Davina Stowers-Burgess Represented By Daniel King

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-19335


        Sandraea La 'Jean Plummer


        Chapter 13


        #218.00 Trustee's Motion to Dismiss Case EH        

        Docket 47


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Sandraea La 'Jean Plummer Represented By Cynthia A Dunning

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-19467


        Jihad Jundi


        Chapter 13


        #219.00 Trustee's Motion to Dismiss Case EH        

        Docket 28

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/19/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Jihad Jundi Represented By

        Kevin Tang

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-19747


        Craig Edward Williams and Norma Geneva Williams


        Chapter 13


        #220.00 Trustee's Motion to Dismiss Case EH        

        Docket 48

        *** VACATED *** REASON: CASE DISMISSED 8/20/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Craig Edward Williams Represented By Julie J Villalobos

        Joint Debtor(s):

        Norma Geneva Williams Represented By Julie J Villalobos

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-19912


        Josephina Lopez


        Chapter 13


        #221.00 Trustee's Motion to Dismiss Case EH        

        Docket 27


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Josephina Lopez Represented By Julie J Villalobos

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-20043


        Cristian Enrique Dominguez


        Chapter 13


        #222.00 Trustee's Motion to Dismiss Case EH        

        Docket 24

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

        8/1/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Cristian Enrique Dominguez Represented By Todd L Turoci

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-20050


        Jeremiah Schermerhorn


        Chapter 13


        #223.00 Trustee's Motion to Dismiss Case EH        

        Docket 35


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Jeremiah Schermerhorn Represented By Natalie A Alvarado

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-20214


        Jaqueline Aguilar-Ramos


        Chapter 13


        #224.00 Trustee's Motion to Dismiss Case EH        

        Docket 27

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/17/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Jaqueline Aguilar-Ramos Represented By

        Ramiro Flores Munoz

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-20280


        Michael Brown and Robin Brown


        Chapter 13


        #225.00 Trustee's Motion to Dismiss Case EH        

        Docket 54


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Michael Brown Represented By Kevin Tang

        Joint Debtor(s):

        Robin Brown Represented By

        Kevin Tang

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-20629


        Gino Camilleri and Kristen Camilleri


        Chapter 13


        #226.00 Trustee's Motion to Dismiss Case EH        

        Docket 38

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/23/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Gino Camilleri Represented By Terrence Fantauzzi

        Joint Debtor(s):

        Kristen Camilleri Represented By Terrence Fantauzzi

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-20659


        Larry W. Smith


        Chapter 13


        #227.00 Trustee's Motion to Dismiss Case EH        

        Docket 27

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/17/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Larry W. Smith Represented By Terrence Fantauzzi

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-20725


        Priscilla Fernandez Richardson


        Chapter 13


        #228.00 Trustee's Motion to Dismiss Case EH        

        Docket 34


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Priscilla Fernandez Richardson Represented By Chris A Mullen

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-20882


        Dennis Gene Rankin


        Chapter 13


        #229.00 Trustee's Motion to Dismiss Case EH        

        Docket 42

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

        8/1/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Dennis Gene Rankin Represented By Todd L Turoci

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-20887


        John Lee Riggins and Bette Ruth Riggins


        Chapter 13


        #230.00 Trustee's Motion to Dismiss Case EH        

        Docket 24

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/30/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        John Lee Riggins Represented By Todd L Turoci

        Joint Debtor(s):

        Bette Ruth Riggins Represented By Todd L Turoci

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-20908


        Daniel Gardono and Dianna Isla


        Chapter 13


        #231.00 Trustee's Motion to Dismiss Case EH         

        Docket 41

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/15/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Daniel Gardono Represented By Gregory Ashcraft

        Joint Debtor(s):

        Dianna Isla Represented By

        Gregory Ashcraft

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-20942


        Salvador Gonzalez


        Chapter 13


        #232.00 Trustee's Motion to Dismiss Case EH        

        Docket 28

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/19/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Salvador Gonzalez Represented By Jenny L Doling

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-21002


        Jose Luis Feliciano and Linda Joann Feliciano


        Chapter 13


        #233.00 Trustee's Motion to Dismiss Case EH        

        Docket 22

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/19/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Jose Luis Feliciano Represented By Carey C Pickford

        Joint Debtor(s):

        Linda Joann Feliciano Represented By Carey C Pickford

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-21039


        Jim Curtis Lower, III


        Chapter 13


        #234.00 Trustee's Motion to Dismiss Case EH        

        Docket 40

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

        8/1/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Jim Curtis Lower III Represented By Robert J Spitz

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-21042


        Kevin Odinni Lawrence and Vonetta Isioma Lawrence


        Chapter 13


        #235.00 Trustee's Motion to Dismiss Case EH        

        Docket 37

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/28/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Kevin Odinni Lawrence Represented By Summer M Shaw

        Joint Debtor(s):

        Vonetta Isioma Lawrence Represented By Summer M Shaw

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-21112


        Santos Mercado Macias and Blanca Bojorquez De Leon


        Chapter 13


        #236.00 Trustee's Motion to Dismiss Case EH        

        Docket 28

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/15/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Santos Mercado Macias Represented By

        Ramiro Flores Munoz

        Joint Debtor(s):

        Blanca Bojorquez De Leon Represented By

        Ramiro Flores Munoz

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-21115


        Pete Moises Alvarez


        Chapter 13


        #237.00 Trustee's Motion to Dismiss Case EH        

        Docket 26

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

        8/1/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Pete Moises Alvarez Represented By Paul Y Lee

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-21123


        Fiji Simmons


        Chapter 13


        #238.00 Trustee's Motion to Dismiss Case EH        

        Docket 33

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/30/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Fiji Simmons Represented By

        Rabin J Pournazarian

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-21226


        Edwin Leonel Barco and Juana De Jesus Marin


        Chapter 13


        #239.00 Trustee's Motion to Dismiss Case EH        

        Docket 48


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Edwin Leonel Barco Represented By Jaime A Cuevas Jr.

        Joint Debtor(s):

        Juana De Jesus Marin Represented By Jaime A Cuevas Jr.

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-21232


        Lawrence Mitchell, Jr.


        Chapter 13


        #240.00 Trustee's Motion to Dismiss Case EH        

        Docket 24

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/20/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Lawrence Mitchell Jr. Represented By Kevin Tang

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:20-10105


        Christopher Arriaga


        Chapter 13


        #241.00 Trustee's Motion to Dismiss Case EH        

        Docket 35

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/16/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Christopher Arriaga Represented By Amanda G Billyard

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:20-10138


        Amparo Alejo Mercado


        Chapter 13


        #242.00 Trustee's Motion to Dismiss Case EH        

        Docket 25

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/23/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Amparo Alejo Mercado Represented By Todd L Turoci

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:20-10236


        Robert D. Warren and Monica Vargas Restrrepo


        Chapter 13


        #243.00 Trustee's Motion to Dismiss Case EH        

        Docket 33

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/20/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Robert D. Warren Represented By Kevin Tang

        Joint Debtor(s):

        Monica Vargas Restrrepo Represented By Kevin Tang

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:20-10705


        Bogar Hernandez and Elvira Landin Hernandez


        Chapter 13


        #244.00 Trustee's Motion to Dismiss Case EH        

        Docket 27


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Bogar Hernandez Represented By Todd L Turoci

        Joint Debtor(s):

        Elvira Landin Hernandez Represented By Todd L Turoci

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:20-10960


        Jose Urena and Stephanie Urena


        Chapter 13


        #245.00 Trustee's Motion to Dismiss Case EH        

        Docket 27

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/23/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Jose Urena Represented By

        Kevin Tang

        Joint Debtor(s):

        Stephanie Urena Represented By Kevin Tang

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:20-11434


        Michele Marie Ruggieri


        Chapter 13


        #246.00 Trustee's Motion to Dismiss Case EH        

        Docket 28

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/29/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Michele Marie Ruggieri Represented By Todd L Turoci

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:20-11660


        Martin Servin


        Chapter 13


        #247.00 Trustee's Motion to Dismiss Case EH        

        Docket 33

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 7/29/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Martin Servin Represented By Christopher J Langley Michael Smith

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:17-13165


        Richard Ortiz and Dolores Ortiz


        Chapter 13


        #1.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 30430 Guadalupe Ct, Temecula, CA 92591


        MOVANT: U.S. BANK NATIONAL ASSOCIATION


        EH     


        Docket 66

        Tentative Ruling: 8/25/2020

        Service: Proper

        Opposition: None


        The Court is inclined to:


        -GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1).

        -GRANT waiver of Rule 4001(a)(3) stay.

        -GRANT request under ¶¶ 2 and 3.


        APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

        Party Information

        Debtor(s):

        Richard Ortiz Represented By Elena Steers

        Joint Debtor(s):

        Dolores Ortiz Represented By Elena Steers

        11:00 AM

        CONT...

        Movant(s):


        Richard Ortiz and Dolores Ortiz


        Chapter 13

        U.S. Bank National Association, as Represented By

        Daniel K Fujimoto Caren J Castle

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:18-18484


        Denise Awages Bracken


        Chapter 13


        #2.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1632 Windmill Lane, Unit B, Corona, CA 92879 with Proof of Service


        MOVANT: CORONA LAURELWOOD HOMEOWNER'S ASSOCIATION


        EH        


        Docket 54

        *** VACATED *** REASON: ORDER ENTERED 8/20/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Denise Awages Bracken Represented By

        Rabin J Pournazarian

        Movant(s):

        Corona Laurelwoo Homeowner's Represented By

        David Brian Lally

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-15980


        Jonathon Keith Stoner and Jacqueline Belinda Stoner


        Chapter 13


        #3.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 35427 Mahogany Glen Drive, Winchester, California 92596


        MOVANT: BAYVIEW LOAN SERVICING , LLC


        From: 7/21/20 EH     

        Docket 40


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Jonathon Keith Stoner Represented By Sundee M Teeple

        Joint Debtor(s):

        Jacqueline Belinda Stoner Represented By Sundee M Teeple

        Movant(s):

        Bayview Loan Servicing, LLC Represented By

        Dane W Exnowski Joseph C Delmotte

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-21226


        Edwin Leonel Barco and Juana De Jesus Marin


        Chapter 13


        #4.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 17085 Grand Mammoth Pl, Victorville, CA 92394


        MOVANT: HSBC BANK USA NATIONAL ASSOCIATION


        EH        


        Docket 51

        Tentative Ruling: 8/25/2020

        Service: Proper

        Opposition: Yes

        Parties to apprise Court of status of adequate protection discussions. APPEARANCES REQUIRED.

        Party Information

        Debtor(s):

        Edwin Leonel Barco Represented By Jaime A Cuevas Jr.

        Joint Debtor(s):

        Juana De Jesus Marin Represented By Jaime A Cuevas Jr.

        Movant(s):

        HSBC Bank USA National Represented By Sean C Ferry

        11:00 AM

        CONT...

        Trustee(s):


        Edwin Leonel Barco and Juana De Jesus Marin


        Chapter 13

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:20-12298


        Christian Howard


        Chapter 13


        #5.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 367 West County Line Road, Calimesa, CA 92320


        MOVANT: BUDGET CAPITAL CORPORATION


        EH     


        Docket 33

        Tentative Ruling: 8/25/2020

        Service: Proper

        Opposition: Yes

        Parties to apprise Court of status of adequate protection discussions. APPEARANCES REQUIRED.

        Party Information

        Debtor(s):

        Christian Howard Represented By Nicholas M Wajda

        Movant(s):

        Budget Capital Corporation Represented By Daniel K Fujimoto Alan Steven Wolf Caren J Castle

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:20-13463


        Gregory Scott Richman


        Chapter 13


        #6.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2018 Mazda Mazda3 5-D00 VIN No.3MZBN1L34JM257311 with Proof of Service


        MOVANT: JPMORGAN CHASE BANK, NA


        EH        


        Docket 25

        Tentative Ruling: 8/25/2020

        Service: Proper

        Opposition: None


        The Court is inclined to:


        -GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1).

        -GRANT waiver of Rule 4001(a)(3) stay.

        -GRANT request under ¶ 2.


        APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

        Party Information

        Debtor(s):

        Gregory Scott Richman Represented By Jeffrey J Hagen

        Movant(s):

        JPMorgan Chase Bank, N.A. Represented By Joseph C Delmotte

        11:00 AM

        CONT...

        Trustee(s):


        Gregory Scott Richman


        Chapter 13

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:20-13504


        Elijah Timothy Hunter Kenney


        Chapter 7


        #7.00 Notice of motion and motion for relief from automatic stay with supporting declarations ACTION IN NON-BANKRUPTCY FORUM RE: Jessica Loy, et al. v. Trina Kenney, et al., Case No. 19SCTCV45035


        MOVANT: JESSICA LOY, BRITTANY SWIGART, BRANDON SWIGART, JANE DOE, RAMTIN MEHRVIJEH, JULIA SUMMER EVANS, AUSTIN MATELSON, EMILY KOVACH, JANE ROE, AND CARU SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS


        EH     


        Docket 15

        *** VACATED *** REASON: CASE REASSIGNED TO JUDGE JOHNSON

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Elijah Timothy Hunter Kenney Represented By Todd L Turoci Donald W Reid

        Movant(s):

        Caru Society for the Prevention of Represented By

        D Edward Hays

        Jane Roe Represented By

        D Edward Hays

        Emily Kovach Represented By

        D Edward Hays

        Austin Matelson Represented By

        D Edward Hays

        11:00 AM

        CONT...


        Elijah Timothy Hunter Kenney


        Chapter 7

        Julia Summer Evans Represented By

        D Edward Hays

        Ramtin Mehrvijeh Represented By

        D Edward Hays

        Jane Doe Represented By

        D Edward Hays

        Brandon Swigart Represented By

        D Edward Hays

        Brittany Swigart Represented By

        D Edward Hays

        Jessica Loy Represented By

        D Edward Hays

        Trustee(s):

        Howard B Grobstein (TR) Pro Se

        11:00 AM

        6:20-14194


        Juan Martinez


        Chapter 13


        #8.00 CONT Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate all property


        MOVANT: JUAN A MARTINEZ


        From: 7/2/20, 7/8/20 EH     

        Docket 10

        *** VACATED *** REASON: ORDER ENTERED 7/21/20

        Tentative Ruling:

        7/2/2020


        Service: Improper Opposition: None


        In this case, a statutory presumption of bad faith arises pursuant to11 U.S.C. § 362(c) (3)(C)(i)(II)(cc) because Debtor had a bankruptcy case dismissed in the prior year for failure to perform the terms of a confirmed plan. Section 362(c)(3)(C) requires that the statutory presumption of bad faith be rebutted by "clear and convincing evidence." Here, the evidence submitted to the Court merely asserts that Debtor’s income has increased, without any detail describing or evidence supporting the change in Debtor’s financial circumstances.


        Furthermore, Judge Houle’s self-calendaring procedures require that Lemuel Jaquez, of Ghidotti Berger LLP, be served with the instant motion because he filed a motion for relief from the automatic stay on December 12, 2019, in Debtor’s prior case. This motion, however, was not served on Mr. Jaquez.

        For the foregoing reasons, the Court is inclined to DENY the motion. APPEARANCES REQUIRED.

        Party Information

        11:00 AM

        CONT...

        Debtor(s):


        Juan Martinez


        Chapter 13

        Juan Martinez Represented By Rebecca Tomilowitz

        Movant(s):

        Juan Martinez Represented By Rebecca Tomilowitz Rebecca Tomilowitz Rebecca Tomilowitz

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:20-15278


        Susan F Fontecha


        Chapter 13


        #9.00 Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate REAL PROPERTY LOCATED AT 2381 BOUGANVILLEA CIRCLE, CORONA, CA 92879, and REAL PROPERTY LOCATED AT 9529 ORCHID BAY DRIVE, LAS VEGAS, NV 89123


        MOVANT: SUSAN F. FONTECHA


        EH     


        Docket 15

        Tentative Ruling: 8/25/2020

        Service: Proper

        Opposition: None


        Pursuant to 11 U.S.C. § 362(c)(3)(B), courts may continue the automatic stay only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed. Here, the Debtor in her declaration explained in detail the reasons why her prior bankruptcy filings ended up with dismissal. According to the Debtor’s declaration, the Debtor and her husband used to own three pieces of real property. Their financial difficulty started with her husband’s illness, which triggered her first bankruptcy filing in March 2018. The first bankruptcy case was dismissed for failure to provide proof of post-petition mortgage payments. Soon after the dismissal, her husband passed away and one of the properties was foreclosed. The Debtor filed her second bankruptcy case in March 2019 when her rental property located in Los Vegas faced foreclosure. After the secured creditor of that property agreed to a loan modification, the Debtor decided not to complete the schedules for the filing. Her second bankruptcy case was dismissed for failure to file necessary documents. The Debtor’s third bankruptcy case was filed in May 2020 when her residence property located in Corona would be foreclosed. The Debtor voluntarily dismissed the third bankruptcy case because it had only 30-day stay, and she missed the deadline to file a

        11:00 AM

        CONT...


        Susan F Fontecha


        Chapter 13

        motion to continue the automatic stay.


        It appears that none of the prior three unsuccessful bankruptcy cases from 2018 to 2020 were caused by the Debtor’s failure to make plan payments. In addition, the Debtor claims that she will receive a contribution of $3,550 per month from her daughter who resides with her and attached her daughter’s paystubs to the motion. This contribution is also reflected in Schedule I.


        For the foregoing reasons, the Court finds that the Debtor has rebutted the presumption that the case was not filed in good faith and is inclined to GRANT the motion.


        APPEARANCES REQUIRED.

        Party Information

        Debtor(s):

        Susan F Fontecha Represented By Paul Y Lee

        Movant(s):

        Susan F Fontecha Represented By Paul Y Lee

        Trustee(s):

        Rod Danielson (TR) Pro Se

        2:00 PM

        6:10-49556


        Ronald Edward Orantes and Laura Mier Orantes


        Chapter 11


        #10.00 Application For Entry of Discharge EH         

        Docket 337

        Tentative Ruling: 8/25/2020

        APPLICABLE LAW:

        11 U.S.C. § 1141(d)(5)(A)


        RELIEF REQUESTED:

        Debtors request entry of discharge under 11 U.S.C. § 1141(d)(5)(A).


        BACKGROUND


        On December 9, 2010, Ronald Edward Orantes and Laura Mier Orantes ("Debtors") filed a voluntary Chapter 11 bankruptcy. On January 21, 2014, the Debtors’ Seventh Amended Plan (the "Plan") was confirmed. Pursuant to Article VI.A of the Plan, the Debtors would receive a discharge of all pre-confirmation debts upon completion of all plan payments. On October 7, 2014, the Court entered an order granting the Debtors’ motion for final decree but denied their motion for entry of a discharge on the basis that a discharge was premature. On October 30, 2014, the case was closed.


        On February 5, 2020, the Debtors filed a motion to reopen the case for the purpose of requesting a discharge. The Court granted the motion on March 25, 2020. On May 26, 2020, the Debtors filed their certifications about a financial management course. On July 14, 2020, the Debtors filed this instant application for entry of discharge.


        LEGAL DISCUSSION


        Section 1141(d)(5)(A) of the Bankruptcy Code provides that in a chapter 11 case in which the debtor is an individual, "unless after notice and a hearing the court orders

        2:00 PM

        CONT...


        Ronald Edward Orantes and Laura Mier Orantes


        Chapter 11

        otherwise for cause, confirmation of the plan does not discharge any debt provided for in the plan until the court grants a discharge on completion of all payments under the plan." Although the general rule in Chapter 11 cases involving individual debtors is that a discharge will not be entered until the debtor has made all plan payments, courts may deviate from that general rule "after notice and a hearing" if it finds cause. In re Sheridan, 391 B.R. 287, 290 (Bankr. E.D.N.C. 2008).


        Section 1141(d)(5)(A) gives no guidance or examples of what might constitute cause for granting a discharge prior to the completion of all plan payments. One criterion that is persuasive to some courts is that "cause" must be determined based on the totality of the facts and circumstances of each case. In re Grogan, 2013 WL 4854313 at *9 (Bankr. D. Or. 2013). One important factor is that at a minimum, the individual Chapter 11 debtor must convince the court that he or she will and can make all future payments with high degree of certainty in order to obtain an early discharge prior to completion of payments under the plan. Id., see also In re Beyer, 433 B.R. 884, 888 (Bankr. M.D. Fla. 2009).


        Here, the Debtors assert that they have completed all payments under the Plan; the bankruptcy estate has been fully administered; and there are not remaining matters other than this application. The Debtors provided a declaration of their counsel along with a history of their plan payments and the payment records. The Debtors’ counsel in his declaration states that "the convenience class payments were $4,595.42 and the Allowed Claims total is $67,642.20," and the Debtors have paid them in full. The Debtors’ plan payment history also indicates the same.1


        Comparing with the terms in the Plan, the Court notices some discrepancy. In accordance with the Plan, the general unsecured claims under Class 4(b) should receive a total amount of $103,980 (33.34%). Thus, the Debtors’ actual payments is

        $36,337.80 less than the amount provided in the Plan.


        In addition, the Plan also provides that the Debtors should make the following payments for secured claims: (1) payments in the amount of $1,219 per month to Ocwen Loan Servicing until August 1, 2034, (2) payments in the amount of $542.77 to Wells Fargo Bank until September 1, 2037, and (3) payments in the amount of

        $220.82 per month to Honda Financial Services according to the agreement terms. All of these payments seem to be ongoing and have not been paid in full.

        2:00 PM

        CONT...


        Ronald Edward Orantes and Laura Mier Orantes


        Chapter 11


        Essentially, it seems that the Debtors are requesting an early discharge for cause pursuant to section 1141(d)(5)(A). Accordingly, the Debtors are required to prove that they have the ability to make all future payments for the secured claims with high degree of certainty. In this application, however, the Debtors did not provide any evidence to show whether these payments have remained current or whether they have such a financial ability.


        To sum up, the Debtors should submit supplemental evidence regarding the following issues: (1) why their actual payments for Class 4(b) ended up $36,337.80 less than the amount provided in the Plan; (2) whether they are current on the payments for the secured claims; and (3) their ability to make future plan payments to the secured creditors, as well as analysis as to cause to grant discharge early.


        TENTATIVE RULING:


        The Court is inclined to CONTINUE the hearing to allow the Debtors to submit supplemental evidence regarding the following issues: (1) why their actual payments for Class 4(b) ended up $36,337.80 short than the amount provided in the Plan; (2) whether they are current on the payments for the secured claims; (3) their ability to make future play payments to the secured creditors, and (4) whether cause exists to grant discharge early.


        APPEARANCES REQUIRED.

        Party Information

        Debtor(s):

        Ronald Edward Orantes Represented By Javier H Castillo

        Joint Debtor(s):

        Laura Mier Orantes Represented By Javier H Castillo

        Movant(s):

        Ronald Edward Orantes Represented By Javier H Castillo

        2:00 PM

        CONT...


        Ronald Edward Orantes and Laura Mier Orantes


        Chapter 11

        Laura Mier Orantes Represented By Javier H Castillo

        2:00 PM

        6:17-15816


        Integrated Wealth Management Inc and Anthony Pisano


        Chapter 11


        #11.00 CONT Post Confirmation Status Conference From: 10/23/18, 4/10/19, 10/9/19, 4/22/20

        EH     


        Docket 277


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Integrated Wealth Management Inc Represented By

        Andrew B Levin Robert E Opera Jim D Bauch

        2:00 PM

        6:17-15816


        Integrated Wealth Management Inc


        Chapter 11

        Adv#: 6:19-01177 Issa v. Pisano


        #12.00 CONT Status Conference RE: [1] Adversary case 6:19-ap-01177. Complaint by

        J. Michael Issa against Anthony Pisano. (13 (Recovery of money/property - 548 fraudulent transfer)) (Ignatuk, Joseph)


        From: 2/25/20, 4/28/20, 6/9/20, 7/21/20 EH     

        Docket 1

        *** VACATED *** REASON: CONTINUED TO 9/29/20 AT 2:00 P.M.

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Integrated Wealth Management Inc Represented By

        Andrew B Levin Robert E Opera Jim D Bauch

        Defendant(s):

        Anthony Pisano Represented By Scott P Schomer

        Plaintiff(s):

        J. Michael Issa Represented By Joseph R Ignatuk

        2:00 PM

        6:18-10155


        Jose De Jesus Hernandez


        Chapter 11


        #13.00 CONT re POST Status Conference re Order (1) Setting Scheduling Hearing And Case Management Conference And (2) Requiring Status Report


        From: 10/23/18, 11/27/18, 1/29/19, 3/5/19, 6/11/19, 8/20/19, 10/29/19, 1/28/20, 2/4/20, 3/31/20, 4/21/20


        EH     


        Docket 96


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Jose De Jesus Hernandez Represented By

        Eric Bensamochan

        2:00 PM

        6:20-14172


        Ryan Estates, LLC


        Chapter 11


        #14.00 CONT Motion to Dismiss Involuntary Case From: 8/18/20

        Also #15 EH         

        Docket 12


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Ryan Estates, LLC Represented By Sevan Gorginian

        Movant(s):

        Ryan Estates, LLC Represented By Sevan Gorginian

        2:00 PM

        6:20-14172


        Ryan Estates, LLC


        Chapter 11


        #15.00 CONT Status Conference RE: [1] Chapter 11 Involuntary Petition Against:Jayshree Shah, Mary J. Hilyard, Sandhya Gandhi, Niki Alexander Shetty


        From: 8/18/20 Also #14

        EH         


        Docket 1


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Ryan Estates, LLC Represented By Sevan Gorginian

        2:00 PM

        6:18-10628


        Markus Anthony Boyd


        Chapter 11


        #16.00 CONT Confirmation of Chapter 11 Plan From: 1/14/20, 2/25/20

        Also #17 EH     

        Docket 179


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Markus Anthony Boyd Represented By Nicholas W Gebelt

        2:00 PM

        6:18-10628


        Markus Anthony Boyd


        Chapter 11


        #17.00 CONT Order (1) Setting Scheduling Hearing And Case Management Conference And (2) Requiring Status Report


        From: 3/20/18, 8/21/18, 10/23/18, 11/27/18, 2/5/19, 5/7/19, 7/30/19, 10/8/19, 10/29/19, 1/14/20, 2/25/20


        Also #16 EH     

        Docket 16


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Markus Anthony Boyd Represented By Nicholas W Gebelt

        2:00 PM

        6:19-13127


        Woodcrest Ace Hardware Inc.


        Chapter 11


        #18.00 Application for Compensation of Final Professional Fees and Expenses of Bankruptcy Counsel; Memorandum of Points and Authorities; Declarations of Robert B Rosenstein and Paul Shanabarger in Support Thereof for Robert B Rosenstein, Debtor's Attorney, Period: 4/12/2019 to 6/2/2020, Fee: $245239.00, Expenses: $22034.77


        Also #19 - #21


        EH        


        Docket 368

        Tentative Ruling: 8/25/2020

        Service: proper Application:

        Rosenstein & Associates: $245,239.00 in fees and $22,034.77

        Brass Tax Ryder Professional Group, Inc.: $2,751.20


        Opposition: Yes


        -On August 11, 2020, the US Trustee filed an objection to Rosenstein & Associates’ motion, requesting to reduce their fees by $12,561.


        -On August 19, 2020, the US Trustee and Rosenstein & Associates reached a stipulation. Per the stipulation, Rosenstein & Associates will reduce their fees by

        $4,181.50 to $241,057.50 in fees and costs in the amount of $22,034.77, for a total request of $263,092.27.


        Analysis: 11 U.S.C. § 330(a)(3) (2005) provides factors to be considered in determining the reasonableness of requested compensation.

        2:00 PM

        CONT...


        Woodcrest Ace Hardware Inc.


        Chapter 11


        On July 28, 2020, Rosenstein & Associates ("Counsel") and Brass Tax Ryder Professional Group, Inc. ("Accountant") filed motions for approval of final professional fees and expenses. Counsel requests an aggregate of $267,273.77 for services rendered from April 12, 2019 to June 2, 2020. Counsel has been awarded and paid in the amount of $50,000 pursuant to the interim fee order entered April 7, 2020. On August 11, 2020, the US Trustee filed an objection to Counsel’s motion, requesting to reduce their fees by $12,561. On August 19, 2020, the US Trustee and Counsel reached a stipulation. Per the stipulation, Counsel will reduce their fees by

        $4,181.50 to $241,057.50 in fees and $22,034.77 in costs, for a total request of

        $263,092.27. With a credit for the interim compensation in the amount of $50,000, the balance will be $213,092.27.


        Accountant requests $2,751.20 for services rendered from January 1, 2020 to June 2, 2020. Accountant has been awarded and paid interim fees in the amount of

        $11,506.35 pursuant to the interim fee order entered April 7, 2020.


        The Application of Accountant


        The Court has reviewed the application of Accountant and finds the compensation requested to be generally reasonable pursuant to the factors outlined in 11 U.S.C.

        § 330(a). The Court further notices that notice and service appear proper, and the Court has not received any opposition to the requested fees, which the Court deems consent to the relief requested pursuant to Local Rule 9013-1(h).


        The Application of Counsel


        Having reviewed the application for Counsel, the US Trustee’s objection and the stipulation, the Court finds the amounts requested to be generally reasonable, and the tasks completed to be generally necessary to the administration of the case or beneficial to the bankruptcy estate.


        The Court is inclined to APPROVE the requested fees and expenses of Accountant in their entirety, and APPROVE the requested fees and expenses of Counsel in the reduced amount of $241,057.50 in attorney’s fees and $22,034.77 in costs.

        2:00 PM

        CONT...


        Woodcrest Ace Hardware Inc.


        Chapter 11


        APPEARANCES REQUIRED.

        Party Information

        Debtor(s):

        Woodcrest Ace Hardware Inc. Represented By

        Robert B Rosenstein

        Movant(s):

        Woodcrest Ace Hardware Inc. Represented By

        Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein

        2:00 PM

        6:19-13127


        Woodcrest Ace Hardware Inc.


        Chapter 11


        #19.00 Application for Compensation of Final Professional Fees and Expenses of Bankruptcy Accountant; Memorandum of Points and Authorities; Declarations of Jane Ryder and Paul Shanabarger in Support Thereof for Woodcrest Ace Hardware Inc., Accountant, Period: 4/12/2019 to 6/2/2020, Fee: $2751.20, Expenses: $0.00


        Also #18 - #21


        EH        


        Docket 369

        Tentative Ruling: 8/25/2020

        Service: proper Application:

        Rosenstein & Associates: $245,239.00 in fees and $22,034.77

        Brass Tax Ryder Professional Group, Inc.: $2,751.20


        Opposition: Yes


        -On August 11, 2020, the US Trustee filed an objection to Rosenstein & Associates’ motion, requesting to reduce their fees by $12,561.


        -On August 19, 2020, the US Trustee and Rosenstein & Associates reached a stipulation. Per the stipulation, Rosenstein & Associates will reduce their fees by

        $4,181.50 to $241,057.50 in fees and costs in the amount of $22,034.77, for a total request of $263,092.27.


        Analysis: 11 U.S.C. § 330(a)(3) (2005) provides factors to be considered in determining the reasonableness of requested compensation.

        2:00 PM

        CONT...


        Woodcrest Ace Hardware Inc.


        Chapter 11


        On July 28, 2020, Rosenstein & Associates ("Counsel") and Brass Tax Ryder Professional Group, Inc. ("Accountant") filed motions for approval of final professional fees and expenses. Counsel requests an aggregate of $267,273.77 for services rendered from April 12, 2019 to June 2, 2020. Counsel has been awarded and paid in the amount of $50,000 pursuant to the interim fee order entered April 7, 2020. On August 11, 2020, the US Trustee filed an objection to Counsel’s motion, requesting to reduce their fees by $12,561. On August 19, 2020, the US Trustee and Counsel reached a stipulation. Per the stipulation, Counsel will reduce their fees by

        $4,181.50 to $241,057.50 in fees and $22,034.77 in costs, for a total request of

        $263,092.27. With a credit for the interim compensation in the amount of $50,000, the balance will be $213,092.27.


        Accountant requests $2,751.20 for services rendered from January 1, 2020 to June 2, 2020. Accountant has been awarded and paid interim fees in the amount of

        $11,506.35 pursuant to the interim fee order entered April 7, 2020.


        The Application of Accountant


        The Court has reviewed the application of Accountant and finds the compensation requested to be generally reasonable pursuant to the factors outlined in 11 U.S.C.

        § 330(a). The Court further notices that notice and service appear proper, and the Court has not received any opposition to the requested fees, which the Court deems consent to the relief requested pursuant to Local Rule 9013-1(h).


        The Application of Counsel


        Having reviewed the application for Counsel, the US Trustee’s objection and the stipulation, the Court finds the amounts requested to be generally reasonable, and the tasks completed to be generally necessary to the administration of the case or beneficial to the bankruptcy estate.


        The Court is inclined to APPROVE the requested fees and expenses of Accountant in their entirety, and APPROVE the requested fees and expenses of Counsel in the reduced amount of $241,057.50 in attorney’s fees and $22,034.77 in costs.

        2:00 PM

        CONT...


        Woodcrest Ace Hardware Inc.


        Chapter 11


        APPEARANCES REQUIRED.

        Party Information

        Debtor(s):

        Woodcrest Ace Hardware Inc. Represented By

        Robert B Rosenstein

        Movant(s):

        Woodcrest Ace Hardware Inc. Represented By

        Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein

        2:00 PM

        6:19-13127


        Woodcrest Ace Hardware Inc.


        Chapter 11


        #20.00 Motion of Falcon BP II, LLC to Compel Payment of Administrative Claims Pursuant to Confirmed Plan of Reorganization and 11 U.S.C. sections 503(A) &

    2. and 507(A); and for Other Relief; Declaration of Chris Kwasizur in Support Thereof


Also #18 - #21


EH     


Docket 375

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/24/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Woodcrest Ace Hardware Inc. Represented By

Robert B Rosenstein

Movant(s):

Falcon BP II, LLC Represented By Jeremy V Richards

2:00 PM

6:19-13127


Woodcrest Ace Hardware Inc.


Chapter 11


#21.00 Motion For Final Decree and Order Closing Case Also #18 - #20

EH        


Docket 364

Tentative Ruling: 8/25/2020

APPLICABLE LAW:

FRBP 3022, §350(a)


RELIEF REQUESTED:

Debtors move for the Court to enter a final decree and close its case.


BACKGROUND


On April 12, 2019, Woodcrest Ace Hardware, Inc., 9 Fingers, Inc., P&P Hardware, Inc., Riverside Ace Hardware, Inc., and Wildomar Ace Hardware, Inc. (collectively, "Debtors") filed their Chapter 11 voluntary petitions.


DISCUSSION:


After an estate is fully administered in a chapter 11 reorganization case, the court, on its own motion or on motion of a party in interest, shall enter a final decree closing the case. 11 U.S.C. § 350; Fed. R. Bankr. P. 3022. Courts consider the following factors in evaluating whether an estate has been fully administered: (1) whether the order confirming the plan has become final; (2) whether deposits required by the plan have been distributed; (3) whether the property proposed by the plan to be transferred has been transferred; (4) whether the debtor (or its successor under the plan) has assumed the business or management of the property dealt with by the plan; (5) whether payments under the plan have commenced; and (6) whether all motions, contested

2:00 PM

CONT...


Woodcrest Ace Hardware Inc.


Chapter 11

matters and adversary proceedings have been finally resolved. See Fed. R. Bankr. P. 3022, Adv. Comm. Notes (1991).


Here, the order confirming the Debtors’ First Amended Joint Chapter 11 Plan ("Plan") was entered on June 2, 2020. No property transfers remain to be carried out under the Plan. The Debtors are current on the obligation to pay quarterly fees to the office of the US Trustee. All priority claims (i.e. tax claims) have been paid in full or are being paid in accord with the agreements with the claimants. The Debtors have commenced the plan payments and have been current. The only remaining motions are the final fee applications of Rosenstein & Associates and Brass Tax Ryder Professional Group, Inc. The Debtors contend that upon the Court approval of the applications, payments will be made pursuant to agreements with the professionals.


After examining the status of the administration of the Debtors’ bankruptcy estate in accord with the six factors mentioned above, the Court finds the estate will be fully administered after the pending fee applications are approved.


TENTATIVE RULING:


The Court is inclined to GRANT the motion conditioning that the pending fee applications will be approved.


APPEARANCES REQUIRED.

Party Information

Debtor(s):

Woodcrest Ace Hardware Inc. Represented By

Robert B Rosenstein

Movant(s):

Woodcrest Ace Hardware Inc. Represented By

Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein Robert B Rosenstein

2:00 PM

CONT...


Woodcrest Ace Hardware Inc.


Robert B Rosenstein Robert B Rosenstein


Chapter 11

11:00 AM

6:19-20399


Heidi Gomez


Chapter 7


#1.00 Notice of Trustee's Final Report and Applications for Compensation EH     

Docket 22


Tentative Ruling:

8/26/2020

No opposition has been filed. Service was Improper


The application for compensation of the Trustee has been set for hearing. The Court intends to waive Trustee’s failure to comply with Local Rule 2016-(1)(c)(4)(A).

Pursuant to the Trustee's Final Report, the Court is inclined to APPROVE the following administrative expenses:


Trustee Fees: $ 524.50 Trustee Expenses: $ 60.13


APPEARANCES WAIVED. If written or oral opposition is presented at the hearing, the hearing may be continued. Trustee to lodge order within 7 days.

Party Information

Debtor(s):

Heidi Gomez Represented By

Amanda G Billyard

Trustee(s):

Karl T Anderson (TR) Pro Se

11:00 AM

6:20-12236


Gary A. Chavez and Alicia A. Chavez


Chapter 7


#2.00 Motion to Redeem Property of the Estate EH        

Docket 17

Tentative Ruling:

8/26/20

BACKGROUND


On March 17, 2020, Gary & Alicia Chavez ("Debtors") filed a Chapter 7 voluntary petition. Among the assets of the estate is a 2006 Chevrolet Trailblazer LS Extended (the "Property"). 800 Loanmart and Speedy Cash ("Creditors") hold security interests in the Property.


On June 22, 2020, Debtors filed a motion to redeem the Property. Debtors contend that the value of the Property should be determined to be $1,569. Debtors arrive at this value by using the low end of the Kelly Blue Book private party value range. The Court also notes that the motion does not actually identify the amount of Creditors’ secured claims.


On July 21, 2020, the Court set the matter for hearing, instructing Debtors to file a supplement "establishing the retail value of the collateral at issue and/or detailing the appropriate standard for determining value in the context of a § 722 motion." The Court’s order also stated that the "supplement should also include competent evidence establishing the amount and priority of the security interests in the collateral."

11:00 AM

CONT...


Gary A. Chavez and Alicia A. Chavez


Chapter 7

On August 19, 2020, Debtors filed a supplement contending that the Kelly Blue Book private party value was an appropriate valuation for a motion to redeem. The supplement also contained a declaration declaring that 800 Loanmart was owed approximately $5,058 and Speedy Cash was owed approximately $4,968.


DISCUSSION



11 U.S.C. § 722 provides:


An individual debtor may, whether or not the debtor has waived the right to redeem under this section, redeem tangible personal property intended primarily for personal, family, or household use, from a lien securing a dischargeable consumer debt, if such property is exempted under section 522 of this title or has been abandoned under section 554 of this title, by paying the holder of such lien the amount of the allowed secured claim of such holder that is secured by such lien in full at the time of redemption.


11 U.S.C. § 506(a)(2) provides the applicable valuation standard:


If the debtor is an individual in a case under chapter 7 or 13, such value with respect to personal property securing an allowed claim shall be determined based on the replacement value of such property as of the date of the filing of the petition without deduction for costs of sale or marketing. With respect to property acquired for personal, family, or household purposes, replacement value shall mean the price a retail merchant would charge for property of that kind considering the age and condition of the property at the time value is determined.

11:00 AM

CONT...


Gary A. Chavez and Alicia A. Chavez


Chapter 7

Presently, the Ninth Circuit has not established a uniform method for valuations. See In re Ayres, 2010 WL 652825 at *5 (Bankr. N.D. Cal. 2010) (collecting cases detailing vehicle valuation and describing the state of the law in the Ninth Circuit). In In re Morales, however, which this Court has previously cited with approval, it was determined that value should be calculated "by adjusting the Kelley Blue Book or

N.A.D.A. Guide retail value for a like vehicle by a reasonable amount in light of the evidence presented regarding the condition of the vehicle or any other relevant factors." In re Morales, 387 B.R. 36, 45 (Bankr.C.D.Cal.2008).


According to the court in In re Morales, the retail values, and not the private party values, are the appropriate starting points because the text of § 506(a)(2) refers to "the price a retail merchant would charge" and does not refer to the price a private party would charge. Morales at 46.


Here, Debtor has utilized the low end of the Kelly Blue Book private party range. Based on the foregoing, the Court does not find the proffered valuation to adequate establish valuation under § 506(a)(2).


Tentative Ruling:


The Court is inclined to DENY the motion.


APPEARANCES REQUIRED.


Party Information

Debtor(s):

Gary A. Chavez Represented By Benjamin R Heston

11:00 AM

CONT...


Gary A. Chavez and Alicia A. Chavez


Chapter 7

Joint Debtor(s):

Alicia A. Chavez Represented By Benjamin R Heston

Movant(s):

Gary A. Chavez Represented By Benjamin R Heston

Alicia A. Chavez Represented By Benjamin R Heston

Trustee(s):

Howard B Grobstein (TR) Pro Se

2:00 PM

6:20-10613


Flory Cea Bonto


Chapter 7

Adv#: 6:20-01049 SchoolsFirst Federal Credit Union v. Bonto


#3.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01049. Complaint by SchoolsFirst Federal Credit Union against Flory Cea Bonto. false pretenses, false representation, actual fraud)) (Reza, Paul)


From: 7/1/20 EH     

Docket 1

*** VACATED *** REASON: ORDER ENTERED 7/8/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Flory Cea Bonto Represented By Christopher J Langley

Defendant(s):

Flory Cea Bonto Represented By Michael Smith

Joint Debtor(s):

Jeffrey B. Bonto Represented By Christopher J Langley

Plaintiff(s):

SchoolsFirst Federal Credit Union Represented By

Paul V Reza

Trustee(s):

Karl T Anderson (TR) Pro Se

2:00 PM

6:19-17393


Gabriel Perez


Chapter 7

Adv#: 6:19-01163 O'Neil et al v. Perez et al


#4.00 CONT Status Conference RE: [1] Adversary case 6:19-ap-01163. Complaint by Michael O'Neil, Al Karlson, Dixie Karlson against Gabriel Perez, Janyn Perez. 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)) (McGuire, Edmond)


From: 1/29/20, 5/27/20, 7/22/20 EH     

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Gabriel Perez Represented By Glen J Biondi

Defendant(s):

Gabriel Perez Represented By Glen J Biondi

Janyn Perez Represented By

Glen J Biondi

Joint Debtor(s):

Janyn Perez Represented By

Glen J Biondi

Plaintiff(s):

Al Karlson Represented By

Edmond Richard McGuire

2:00 PM

CONT...


Gabriel Perez


Chapter 7

Dixie Karlson Represented By

Edmond Richard McGuire

Michael O'Neil Represented By

Edmond Richard McGuire

Trustee(s):

Steven M Speier (TR) Pro Se

2:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:18-01063 Chen et al v. Bastorous et al


#5.00 CONT Pre-Trial Conference RE: [5] Amended Complaint by Douglas L Mahaffey on behalf of Chienan Chen, Chun-Wu Li against Bernadette Shenouda, 3 Columnar Ladera LLC, Mike Bareh, Mark Bastorous, MB Capital Group LLC.

(Dismissed as to Mike Bareh 9/4/18) (Dismissed as to Bernadette Shenouda 1/2/19) HOLDING DATE


From: 5/9/18, 6/6/18, 8/22/18, 10/31/18, 2/27/19, 6/12/19, 1/15/20, 3/4/20, 3/18/20, 7/15/20, 7/29/20


EH     


Docket 5


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Mark Bastorous Represented By Thomas F Nowland Douglas L Mahaffey

3 Columnar Ladera LLC Pro Se

Mike Bareh Represented By

Mirco J Haag Jason E Goldstein

MB Capital Group LLC Pro Se

2:00 PM

CONT...


Mark Bastorous


Chapter 7

Bernadette Shenouda Represented By Thomas F Nowland Douglas L Mahaffey

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

Chun-Wu Li Represented By

Douglas L Mahaffey

Chienan Chen Represented By Douglas L Mahaffey

Trustee(s):

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

2:00 PM

6:19-14650


Blanca Flor Torres


Chapter 7

Adv#: 6:19-01117 Whitmore v. Gularte et al


#6.00 CONT Motion for Default Judgment against Jose A. Gularte And Marjorie Elizabeth Gularte-Torres

(HOLDING DATE)


From: 1/8/20, 4/8/20, 4/29/20 Also #7

EH     


Docket 11

Tentative Ruling:

1/8/20

BACKGROUND


On May 30, 2019 ("Petition Date"), Blanca Flor Torres ("Debtor") filed a Chapter 7 voluntary petition. On August 22, 2019, Robert S. Whitmore (the Chapter 7 "Trustee") brought an adversary proceeding against Jose Gularte ("Mr. Gularte") and Marjorie Elizabeth Gularte-Torres ("Mrs. Gularte-Torres") (collective, "Defendants") for the benefit of the estate.


The adversary proceeding arose from a real estate transaction between the Debtor and the Defendants. Debtor and her spouse, Edgar S. Torres, bought real estate at 1527 Fairwood Way, Upland, CA 91786 (the "Property) on November 2, 1990.

Less than two years before the Petition Date, on December 29, 2017, Debtor and her spouse transferred the Property to Mr. Gularte. Mr. Gularte then proceeded to transfer the deed to himself and his wife, Mrs. Gularte-Torres.


The Trustee alleges that the transfer among the parties is fraudulent and seeks to avoid the transfer and recover the Property for the estate.

2:00 PM

CONT... Blanca Flor Torres Chapter 7

The Trustee alleges that Defendants are insiders of the Debtor: Mr. Gularte is

the debtor’s son-in-law, and Mrs. Gularte-Torres is the debtor’s daughter. Because Defendants and Debtor still reside at the same Property after the transfers occurred, Trustee alleges that Debtor still retains the benefit of ownership. The Trustee alleges that the consideration given was less than a reasonably equivalent value: a seller credit and a gift were given. The Trustee avers that the value of the consideration given was less than the value of the Debtor’s equity of $154,424.76.


The Trustee served the summons and complaint on Defendants by first-class mail to Defendants’ home on August 23, 2019. After forty-eight days without Defendants pleading or defending against the relief sought by the Trustee, the Trustee requested an entry for default judgment. On October 11, 2019, the Clerk of the Court entered a default judgment against defendants.


The Trustee now files this motion for an entry of default judgment by the Court to avoid and recovery the Property.


DISCUSSION


  1. Jurisdiction


    1. Subject Matter Jurisdiction


      This Court has subject matter jurisdiction pursuant to U.S.C. §157(b)(1)— Bankruptcy Judges may hear and determine all cases under title 11 and all core proceedings arising under title 11—and 28 U.S.C. §1334. Trustee has asserted a claim arising under title 11, a Chapter 7 voluntary petition, and the matter concerns the administration of an estate. U.S.C. §157(b)(2)(A).


    2. Venue


      Venue is proper pursuant to 28 U.S.C. §1409(a):

      2:00 PM

      CONT...


      Blanca Flor Torres

      "Except as otherwise provided in subsections (b) and (d), a proceeding arising under title 11 or arising in or related to a case under title 11 may be commenced in the district court in which such case is pending."


      Chapter 7


      Debtor’s lead bankruptcy case (19-bk-14650-MH) is currently pending in this Court.


    3. Personal Jurisdiction


      Jose Gularte and Marjorie Elizabeth Gularte-Torres are residents of California.

      Thus, personal jurisdiction is proper.


  2. Entry of Default


    Federal Rule of Bankruptcy Procedure 7055 states that default judgments are applicable in adversary proceedings. Fed. R. Bankr. P. 7055. Furthermore, Federal Rule of Civil Procedure 55 states that "[w]hen a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party’s default." Fed. R. Civ. P. 55(a). Local Rule 7055-1 provides further requirements relating to a motion for entry of default judgment.


    In this case, the Trustee has fulfilled such requirements in his request for entry of default: (a) the identity of the parties whom default was entered and the date of entry of default; (b) the defaulting party is neither an infant nor an competent person;

      1. the defendants are not currently on active duty in the armed forces, etc. The Trustee also provided information for the Clerk of the Court to rightly determine that defendants failed to plead or otherwise defend within twenty-one days after service of the summons and the complaint. Fed. R. Bankr. P. 7012(a) and (b). Thus, the Clerk entered a valid entry of default.


  3. Motion for Default Judgment

    2:00 PM

    CONT...


    Blanca Flor Torres


    Chapter 7


    1. Proper Service of Summons and Complaint


      FED. R. BANKR. P. Rule 7004(b)(1) states, in part:


      1. ervice may be made within the United States by first class mail postage prepaid as follows…


        1. Upon an individual other than an infant or incompetent, by mailing a copy of the summons and complaint to the individual’s dwelling house or usual place of abode or to the place where the individual regularly conducts a business or profession.


          Here, it appears that the motion for default judgment has been properly served.


    2. Entering a Default Judgment by the Court


      If the claim in not for a certain or arithmetically attainable sum, then the entry by default judgment must be made by the court. The Trustee has not asked for the value of the Debtor’s equity in the Property, $154,424.76. Instead, the Trustee has asked the Court to rule that the transfers were fraudulent, the transfers should be avoided, and that the Property should be returned to the Debtor’s bankruptcy estate. Thus, by requesting an injunctive relief, the Trustee has correctly sought a motion for default judgment by the Court.


    3. Factors to Consider


      When a court exercises its discretion to enter a default judgment it may consider a number of factors: (1) the possibility of prejudice to the plaintiff, (2) the

      2:00 PM

      CONT...


      Blanca Flor Torres


      Chapter 7

      merits of plaintiff’s substantive claim, (3) the sum of money at stake in the action (4) the possibility of disputes concerning material facts, (5) whether the default was due to excusable neglect, and (6) the strong policy underlying the Federal Rules of Civil Procedure favoring decisions on the merits. Eitle v. McCool, 782 F.2d 1470, 1471-72 (9th Cir. 1986). When it comes to the first factor, the Trustee, being the arbiter of the estate would only be prejudice in his responsibility to provide the best interest of parties in interest. That is, by not recovering the property, the creditors would receive potential less than what they could have.


      1. Merits of Plaintiff’s Claim


        The general rule, upon an entry of default, the factual allegations of the plaintiff’s complaint will be taken as true. Totten v. Hurrell, 2001 U.S. Dist. Lexis 20909, *6 (N.D. Cal. 2001). "A default establishes the well-pleaded allegations of a complaint unless they are incapable of proof or are contrary to facts judicially noticed or to uncontroverted material in the file." In re McGee, 359 B.R. 764 (B.A.P 9th Cir.) (emphasis added by italicizing) (citing In re Consolidated Pretrial Proceedings in Air West Sec. Litigation, 436 F. Supp. 1281, 1286 (N.D. Cal. 1977)). A well-pleaded allegation is sufficient to prove defendant’s liability. TeleVideo Systems, Inc. v.

        Heidenthal, 826 F.2d 915, 917 (9th Cir. 1987).



        The Trustee alleges, pursuant to 11U.S.C. § 548(a)(1)(A), that Debtor within two years of filing her petition transferred the Property with actual intent to hinder, delay, or defraud. The word ‘intent’ is used to denote that the actor desire to cause consequences of his act. [Vol 5] Collier on Bankruptcy ¶ [548.04] (Richard Levin & Henry J. Sommer eds., 16th ed.). "If the actor knows that the consequences are certain, or substantially certain, to result from his act, and still goes ahead, he is treated by the law as if he had in fact desired to produce the result." Id.


        Because it is difficult to prove actual intent, courts infer fraudulent intent from the circumstances surrounding the transfer; including but not limited to (1) insolvency or other unmanageable indebtedness on the part of the debtor, (2) special relationship between the debtor and transferee; and after the transfer, (3) retention by the debtor of the property. In re Acequia, Inc. 34 F.3d 800 (9th Cir. Ct. App. 1994). These circumstances are universally

        2:00 PM

        CONT...


        Blanca Flor Torres


        Chapter 7

        recognized as the "badges of fraud." Id.

        The Trustee has provided evidence that the value of the Property,

        $575,000.000, which was agreed upon by Mr. Gularte and Debtor and her husband, was not given for consideration. (Dkt. No. 11, Ex. 5). In fact, something substantial less was given as consideration because Mr. Gularte received a "gift of equity" in the amount of $150,900.00. This special relationship—Defendants are the daughter and son-in-law of Debtor— precipitated such a gift alleged the Trustee. Furthermore, based on Debtor’s commencement documents, Debtor still lives at the Property, showing that Debtor still retains the benefit of the Property. (Dkt. No. 11, Ex. 7).


        Taken as true and neither incapable of proof nor contrary to facts observed by the Court, the Trustee’s allegations are sufficient to prove the claim of an actual fraudulent transfer under 11 U.S.C § 548(a)(1)(A).

        Moreover, taking the allegations of the compliant as true as to the second and third claims for relief, the Trustee has sufficiently alleged the elements of a claim for constructively fraudulent transfer against Defendants.


        This leaves only one claim of relief left. Whether the Court grants recovery of the Property pursuant to 11 U.S.C. § 550(a). The Court has ruled that Trustee’s allegations are sufficient to prove that the transfer of the Property was fraudulent. Thus, making the transaction avoidable.


        Based on the deeds transferring interest in the Property, Mr. Gularte is an immediate transferee and Mrs. Gularte-Torres is a mediate transferee.

        Irrespective of how they are defined, 11 U.S.C. § 550(a)(1) and (a)(2) permit the Trustee to recover the property from the Defendants. Seeing no reason to do otherwise, the Court grants the Trustee the Property pursuant to 11 U.S.C. § 550(a).


      2. Possibility of Disputes of Material Facts


        The Trustee provided evidence from the Debtor’s commencement document stating the Debtor still resides at the Property. The Trustee provided evidence of the transfer of interest in the property from Debtor and her husband to Defendants. Dkt No. 11, Ex. 3, 4, and 5. Trustee provided evidence of the value of the Property and the consideration given. Dkt. No. 11, Ex 5.

        2:00 PM

        CONT...


        Blanca Flor Torres


        Chapter 7

        Furthermore, Trustee duly served Defendants with process in this matter. Thus, the Court finds that the possibility of disputes of material facts is unlikely.


        1. Sum at Stake in the Action


          Even though the Trustee is looking for injunctive relief, the value of said property is significant to the estate. The last consideration given for the Property valued it at $575,000.00. Dkt. No.11, Ex 5. The Property would increase the bankruptcy estate by twenty-fold, weighing in favor of Defendants.


        2. Excusable Neglect


          Here, Defendants failed to plead or otherwise defend against the claim, and the Court does not otherwise see any basis for excusable neglect in the pleadings.


        3. Strong Policy


Although the strong policy underlying the Federal Rules of Civil Procedure favoring decisions on the merits, the case at hand does not warrant a denial of judgment solely on that ground.

2:00 PM

CONT...


Blanca Flor Torres


Chapter 7

TENTATIVE RULING



Thus, the Court is inclined to GRANT the motion to the extent of awarding Trustee judgment on the first, second, third, and fourth claims of relief.


APPEARANCES REQUIRED.


Party Information

Debtor(s):

Blanca Flor Torres Represented By Brian J Horan

Defendant(s):

Jose Gularte Pro Se

Marjorie Elizabeth Gularte-Torres Pro Se

Movant(s):

Robert S. Whitmore Pro Se

Plaintiff(s):

Robert S. Whitmore Pro Se

Trustee(s):

Robert Whitmore (TR) Pro Se

2:00 PM

6:19-14650


Blanca Flor Torres


Chapter 7

Adv#: 6:19-01117 Whitmore v. Gularte et al


#7.00 CONT Status Conference RE: [1] Adversary case 6:19-ap-01117. Complaint by Robert S. Whitmore against Jose Gularte, Marjorie Elizabeth Gularte-Torres. (Charge To Estate $350.00). (Attachments: # 1 Adversary Proceeding Cover Sheet # 2 Summons) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Philippi, Julie)


From: 10/16/19, 12/11/19, 1/8/20, 4/8/20, 4/29/20


Also #6 EH     

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Blanca Flor Torres Represented By Brian J Horan

Defendant(s):

Jose Gularte Pro Se

Marjorie Elizabeth Gularte-Torres Pro Se

Plaintiff(s):

Robert S. Whitmore Pro Se

Trustee(s):

Robert Whitmore (TR) Pro Se

11:00 AM

6:17-19027


Jaime Villalobos and Jennifer Villalobos


Chapter 13


#1.00 Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to modify plan or suspend plan payments


EH         


Docket 102

*** VACATED *** REASON: ORDER ENTERED 8/13/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jaime Villalobos Represented By

Rabin J Pournazarian

Joint Debtor(s):

Jennifer Villalobos Represented By

Rabin J Pournazarian

Movant(s):

Jaime Villalobos Represented By

Rabin J Pournazarian

Jennifer Villalobos Represented By

Rabin J Pournazarian

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-17785


Harinder Heera


Chapter 13


#2.00 Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to modify plan or suspend plan payments


EH     


Docket 35


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Harinder Heera Represented By Christopher J Langley Michael Smith

Movant(s):

Harinder Heera Represented By Christopher J Langley Michael Smith

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-14215


Silvestre Barajas


Chapter 13


#3.00 Motion to Avoid Junior Lien with Specialized Loan Servicing, LLC EH     

Docket 17


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Silvestre Barajas Represented By

Rabin J Pournazarian

Movant(s):

Silvestre Barajas Represented By

Rabin J Pournazarian

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-20532


Yan Zhang


Chapter 13


#4.00 CONT Application for Compensation for Ramiro Flores Munoz, Debtor's Attorney, Period: 2/7/2020 to 4/6/2020, Fee: $5000.00, Expenses: $0.00


From: 5/14/20 EH     

Docket 34

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 6/12/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Yan Zhang Represented By

Ramiro Flores Munoz

Movant(s):

Yan Zhang Represented By

Ramiro Flores Munoz Ramiro Flores Munoz

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-13146


Mark G Swartz and Elizabeth M Swartz


Chapter 13


#5.00 CONT Order to show cause why Claimant, The Bank of New York Mellon, as Successor Indenture Trustee, and Servicer, Specialized Loan Servicing LLC, Claim 5 should not be reduced


From: 11/7/19, 12/19/19, 2/20/20, 4/16/20, 5/28/20, 7/23/20


Also #6 & #7 EH     

Docket 52


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Mark G Swartz Represented By Joseph A Weber Fritz J Firman

Joint Debtor(s):

Elizabeth M Swartz Represented By Joseph A Weber Fritz J Firman

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-13146


Mark G Swartz and Elizabeth M Swartz


Chapter 13


#6.00 CONT Motion RE: Objection to Claim Number 5 by Claimant Specialized Loan Servicing LLC


From: 10/3/19, 11/7/19, 12/19/19, 2/20/20, 4/16/20, 5/28/20, 7/27/20


Also #5 & #7 EH         

Docket 44

Tentative Ruling:

10/3/2019

BACKGROUND:

On April 15, 2019, Mark & Elizabeth Swartz ("Debtors") filed a Chapter 13 voluntary petition. On June 21, 2019, The Bank of New York Mellon f/k/a The Bank of New York as successor Indenture trustee to JPMorgan Chase Bank, National Association for CWHEQ Revolving Home Equity Loan Trust, Series 2006-F ("Creditor") filed a proof of claim for a secured claim in the amount of $157,959.06 ("Claim 5").

On July 10, 2019, Debtors filed an objection to Claim 5. Debtors argued that the information filed in support of Claim 5 is inadequate pursuant to the Federal Rules of Bankruptcy Procedure, and that, as a result, Creditor has failed to meet its burden of proof. At the hearing of August 22, 2019, the Court noted that there appeared to be an error on the proof of service which resulted in Creditor’s notice address being misstated. For that reason, the Court continued the matter for proper service.

11:00 AM

CONT...

Mark G Swartz and Elizabeth M Swartz

Chapter 13

On August 30, 2019, Debtors filed a renewed objection to Claim 5. The Court notes that notice and service are now proper.

APPLICABLE LAW:

Pursuant to 11 U.S.C. § 502(a), a proof of claim is deemed allowed unless a party in interest objects. Absent an objection, a proof of claim constitutes prima facie evidence of the validity and amount of the claim under Federal Rule of Bankruptcy Procedure ("FRBP") 3001(f). See Lundell v. Anchor Constr. Specialists, Inc., 223 F.3d 1035, 1039 (9th Cir. 2000). When a party files an objection to a proof of claim, that filing "creates a dispute which is a contested matter" within the meaning of FRBP 9014 and the Court must resolve the matter after notice and opportunity for hearing upon a motion for relief. Id.

When a creditor has filed a proof of claim that complies with the rules (thereby giving rise to the presumption of validity), the burden shifts to the objecting party who must "present evidence to overcome the prima facie case." In re Medina, 205 B.R. 216, 222 (9th Cir. B.A.P. 1996). To defeat the claim, the objecting party must provide sufficient evidence and "show facts tending to defeat the claim by probative force equal to that of the allegations of the proofs of claim themselves." Lundell, 223 F.3d at 1039 (quoting In re Holm, 931 F.2d 620, 623 (9th Cir. 1991)). "The objector must produce evidence, which, if believed, would refute at least one of the allegations that is essential to the claim’s legal sufficiency." Lundell, 223 F.3d at 1040 (quoting In re Allegheny Int’l, Inc., 954 F.2d 167, 173-74 (3d Cir. 1992)). If the objecting party produces sufficient evidence to negate one or more of the sworn facts in the proof of claim, the burden reverts back to the claimant to prove the validity of the claim by a preponderance of the evidence. See In re Consol. Pioneer Mort, 178 B.R. 222, 226 (9th Cir. BAP 1995), aff’d, 91 F.3d 151 (9th Cir. 1996) (quoting Allegheny Int’l, 954 F.2d at 173-74). The ultimate burden of persuasion remains at all times on the

11:00 AM

CONT...

Mark G Swartz and Elizabeth M Swartz

Chapter 13

claimant. See Lundell, 223 F.3d at 1039; see also Holm, 931 F.2d at 623.

ANALYSIS:


11 U.S.C. § 502(b)(1) (2005) states:


      1. Except as provided in subsections (e)(2), (f), (g), (h) and (i) of this section, if such objection to a claim is made, the court, after notice and a hearing, shall determine the amount of such claim in lawful currency of the United States as of the date of the filing of the petition, and shall allow such claim in such amount, except to the extent that—


        1. such claim is unenforceable against the debtor and property of the debtor, under any agreement or applicable law for a reason other than because such claim is contingent or unmatured;


FED. R. BANKR. P. Rule 3001(c)(2) identifies certain required information that a claimant must attach to a proof of claim in order for the claim to be afforded prima facie validity. In particular, the Court notes that Rule 3001(c)(2)(A) and (C) provide requirements related to the itemization of non-principal amounts and escrow amounts, respectively.


The Court finds Debtors’ assertion that the supporting information is inadequate to be well-founded. The mortgage proof of claim attachment includes the following information. Part 2 identifies a principal balance of $98,982.98, interest due of

$55,486.25, and fees and costs of $3,489.83. Part 3 identifies a pre-petition arrears of

$87,692.60, of which $84,202.77 was principal and $3,489.83 was the aforementioned costs. And Part 4 asserts that the month payment includes $607.39 for principal and interest and $549.90 for escrow.

11:00 AM

CONT...


Mark G Swartz and Elizabeth M Swartz


Chapter 13


The two figures which do not appear to be justified in the supporting documentation are the $55,486.25 in interest and the $549.90 monthly payment for escrow. The Court notes that the loan payment history spreadsheet provided by Creditor does not contain any itemization for interest or escrow, and, furthermore, the entire column relating to accrued interest balance and accrued escrow balance is zeroed out.


Because Creditor has failed to separate principal, interest, and escrow, as directed by FED. R. BANKR. P. Rule 3001(c)(2), and, noting that Debtors have declared that there is no escrow account relating to the second mortgage, the Court is unable to determine the validity or amount of the prepetition default identified in column G of the loan payment history. The Court has also not been provided with any itemization or calculation of the interest amount, alleged to be $55,486.25.


As a result, the Court is inclined to reduce Claim 5 to $102,472.81, representing the principal balance and fees and costs due in part 2 of the loan payment history, with a prepetition arrearage amount of $0.


APPEARANCES REQUIRED.

Party Information

Debtor(s):

Mark G Swartz Represented By Joseph A Weber Fritz J Firman

Joint Debtor(s):

Elizabeth M Swartz Represented By Joseph A Weber Fritz J Firman

11:00 AM

CONT...

Movant(s):


Mark G Swartz and Elizabeth M Swartz


Chapter 13

Mark G Swartz Represented By Joseph A Weber Fritz J Firman

Elizabeth M Swartz Represented By Joseph A Weber Joseph A Weber Fritz J Firman Fritz J Firman

PYOD LLC Pro Se

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-13146


Mark G Swartz and Elizabeth M Swartz


Chapter 13


#7.00 CONT Confirmation of Chapter 13 Plan


From: 7/11/19, 8/22/19, 10/3/19, 11/7/19, 12/19/19, 2/20/20, 4/16/20, 5/28/20, 7/23/20


Also #5 & #6 EH      

Docket 15


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Mark G Swartz Represented By Joseph A Weber Fritz J Firman

Joint Debtor(s):

Elizabeth M Swartz Represented By Joseph A Weber Fritz J Firman

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-13498


Jose Omar Zapata


Chapter 13


#8.00 CONT Confirmation of Chapter 13 Plan From: 8/20/20

EH      


Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jose Omar Zapata Represented By

J. Luke Hendrix

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-13622


Michiko Turner


Chapter 13


#9.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Michiko Turner Represented By Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-13623


Raja Ahmed and Razia Begum


Chapter 13


#10.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Raja Ahmed Represented By

Dana Travis

Joint Debtor(s):

Razia Begum Represented By

Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-13735


Claudia Yesenia Covarrubias


Chapter 13


#11.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Claudia Yesenia Covarrubias Represented By Anthony B Vigil

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-13757


Guillermo Manuel Reyna and Cindy Reyna


Chapter 13


#12.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Guillermo Manuel Reyna Represented By Norma Duenas

Joint Debtor(s):

Cindy Reyna Represented By

Norma Duenas

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-13846


Charles J. Smith


Chapter 13


#13.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Charles J. Smith Represented By Matthew D. Resnik

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-13858


Robert Lee Thomas, Sr.


Chapter 13


#14.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Robert Lee Thomas, Sr. Represented By Suzette Douglas

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-13881


Christopher C Rebosura and Sayda D Rebosura


Chapter 13


#15.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Christopher C Rebosura Represented By Kevin Tang

Joint Debtor(s):

Sayda D Rebosura Represented By Kevin Tang

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-13889


Sheila Bocala


Chapter 13


#16.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Sheila Bocala Represented By Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-13933


Agustin Napolion Joya and Dora Maria Joya


Chapter 13


#17.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Agustin Napolion Joya Represented By Daniel King

Joint Debtor(s):

Dora Maria Joya Represented By Daniel King

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-13960


Kevin Antonio Drew and Nina Janell Drew


Chapter 13


#18.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Kevin Antonio Drew Represented By Todd L Turoci

Joint Debtor(s):

Nina Janell Drew Represented By Todd L Turoci

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-19497


James House and Adria House


Chapter 13


#19.00 Confirmation of Chapter 13 Plan EH      

Docket 0

*** VACATED *** REASON: CASE DISMISSED 6/10/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

James House Represented By

Todd L Turoci

Joint Debtor(s):

Adria House Represented By

Todd L Turoci

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:15-16158


George P. Solorio, Jr.


Chapter 13


#20.00 Trustee's Motion to Dismiss Case EH     

Docket 67


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

George P. Solorio Jr. Represented By

James D. Hornbuckle

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:16-13595


Robert P Contreras and Marie G Contreras


Chapter 13


#21.00 Trustee's Motion to Dismiss Case EH         

Docket 77

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/11/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Robert P Contreras Represented By Michael Smith Sundee M Teeple

Joint Debtor(s):

Marie G Contreras Represented By Michael Smith Sundee M Teeple

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:17-14972


Jude Okwor


Chapter 13


#22.00 Trustee's Motion to Dismiss Case EH        

Docket 91


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jude Okwor Represented By

Javier H Castillo

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:18-10957


Damaris Denise Redgray-Johnson


Chapter 13


#23.00 CONT Trustee's Motion to Dismiss Case From: 7/2/20, 7/23/20

EH     


Docket 56


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Damaris Denise Redgray-Johnson Represented By

Daniel King

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:18-14135


William Meineke and Kathie Meineke


Chapter 7


#24.00 Trustee's Motion to Dismiss Case EH         

Docket 52

*** VACATED *** REASON: CASE CONVERTED TO CH 7 ON 8/20/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

William Meineke Represented By Todd B Becker

Joint Debtor(s):

Kathie Meineke Represented By Todd B Becker

Trustee(s):

Larry D Simons (TR) Pro Se

11:01 AM

6:19-14183


Darryle Barker


Chapter 13


#25.00 Trustee's Motion to Dismiss Case EH         

Docket 33

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/11/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Darryle Barker Represented By Sundee M Teeple

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-16369


Jorge Luis Ibarra Carrillo


Chapter 13


#26.00 Trustee's Motion to Dismiss Case EH        

Docket 45


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jorge Luis Ibarra Carrillo Represented By Matthew D. Resnik

Trustee(s):

Rod Danielson (TR) Pro Se


Monday, August 31, 2020

Hearing Room

303


12:00 PM

6:20-15768


Ashni Mala


Chapter 7


#1.00 Application to Proceed in forma pauperis EH     

Docket 6

Party Information

Debtor(s):

Ashni Mala Pro Se

Trustee(s):

Charles W Daff (TR) Pro Se

11:00 AM

6:19-10742


Joshua Michael Thomson and Katherine Naomi Thomson


Chapter 13


#1.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 27041 Ramona Vista St, Hemet, California 92544


MOVANT: PENNYMAC LOAN SERVICES, LLC


EH     


Docket 43

*** VACATED *** REASON: ORDER ENTERED 8/25/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Joshua Michael Thomson Represented By Edward G Topolski

Joint Debtor(s):

Katherine Naomi Thomson Represented By Edward G Topolski

Movant(s):

PennyMac Loan Services, LLC Represented By Robert P Zahradka

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-14906


Dari Kelley


Chapter 13


#2.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2014 Toyota Camry


MOVANT: TOYOTA MOTOR CREDIT CORPORATION


EH     


Docket 35

*** VACATED *** REASON: ORDER ENTERED 8/26/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Dari Kelley Represented By

Sundee M Teeple

Movant(s):

Toyota Motor Credit Corporation Represented By

Kirsten Martinez

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-20280


Michael Brown and Robin Brown


Chapter 13


#3.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 56040 Mitchell Road, Anza, CA 92539


MOVANT: LAKEVIEW LOAN SERVICING LLC


EH     


Docket 62

Tentative Ruling: 9/1/2020

Service: Proper Opposition: Yes

Parties to apprise Court of status of adequate protection discussions. APPEARANCES REQUIRED.

Party Information

Debtor(s):

Michael Brown Represented By Kevin Tang

Joint Debtor(s):

Robin Brown Represented By

Kevin Tang

Movant(s):

Lakeview Loan Servicing, LLC Represented By Daniel K Fujimoto Dane W Exnowski Caren J Castle

11:00 AM

CONT...

Trustee(s):


Michael Brown and Robin Brown


Chapter 13

Rod Danielson (TR) Pro Se

11:00 AM

6:20-13003


Mumtaz Sajjad


Chapter 7


#4.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 7419 Via Deldene, Highland, California 92346


MOVANT: MICHAEL W. DOUGLAS AND CINDY DOUGLAS, TRUSTEES OF THE SECOND AMENDED AND RESTATED, MICHAEL W. DOUGLAS AND CINDY DOUGLAS REVOCABLE TRUST DATED APRIL 10, 2017


From: 6/16/20, 6/30/20, 7/28/20, 8/18/20 EH     

Docket 22

Tentative Ruling: Tentative Ruling:

Service: Proper Opposition: None


6/16/20


On May 22, 2020, Michael W. Douglas and Cindy Douglas, Trustees of the Second Amended and Restated, Michael W. Douglas and Cindy Douglas Revocable Trust (hereinafter "Douglas’ Trust") filed this motion for relief from stay pursuant to 11

U.S.C. §§ 362(d)(1) and 362(d)(2) regard to the Property located at 7419 Via Deldene, Highland, California 92346.


To attain relief from stay under 11. U.S.C §362(d)(1) "cause" must be shown. Douglas’ Trust claims that there is a lack of adequate protection of its interest in its property because of property taxes and a mechanic’s lien. Adequate protection is intended to compensate a secured creditor whose collateral declines in value while it is in the possession of, and being used by, a…debtor." People’s Capital& Leasing

11:00 AM

CONT...


Mumtaz Sajjad


Chapter 7

Corp. v. Big3d, Inc., 438 B.R. 214, 220 (B.A.P. 9th Cir. 2010).


By providing Deed of Trust and Assignment of Rent, Note, Trustee’s Sale Guarantee, and Claim of Mechanics Lien, Douglas’ Trust has shown neither is there any equity nor is its interest adequately protected. In re Gauvin, 24 B.R. 578, 580 (B.A.P. 9th Cir. 1982); See also In re Mellor, 734 F.2d 1396 (9th Cir. 1985) (equity cushion of twenty percent sufficient).


To receive relief under 11 U.S.C. § 362(d)(2), both elements— (1) debtor has no equity in the property and (2) property is not necessary for an effective organization— must be met. 3 Collier on Bankruptcy ¶ 362.07[4] (Richard Levin & Henry J. Sommer eds., 16th ed.). Douglas’ Trust has provided evidence that Debtor does not have any equity in the property.


The burden now shifts to the opposing party, the Debtor, to show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1). 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.).


The Trustee’s opposition does not address the (d)(2) request, and also points to the approximate 12% equity cushion for purposes of (d)(1), which the Court finds insufficient. Further, without evidence of valuation, there is no basis to deny the motion or continue the hearing.


Debtor responded to the motion, claiming that she is in the process of a "new loan process," will be filing an adversary proceeding, a motion to strip a lien, or both. Dkt. No. 30. Debtor also claims that Douglas’ Trust has acted in bad faith because it has interfered with Debtor’s ability to refinance by contacting potential lenders and disparaging Debtor and Debtor’s spouse. Id.


However, Debtor has not challenged the mechanics lien by adversary and otherwise does not provide grounds to deny the motion.


The tentative ruling is to GRANT the motion.

11:00 AM

CONT...


Mumtaz Sajjad


Chapter 7

APPEARANCES REQURED.


Party Information

Debtor(s):

Mumtaz Sajjad Represented By Michael R Perry

Movant(s):

Michael W. Douglas and Cindy Represented By Martin W. Phillips

Trustee(s):

Larry D Simons (TR) Pro Se

11:00 AM

6:20-14333


MARIA ESTHER ADRIANO PEREZ


Chapter 7


#5.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2016 Nissan Sentra


MOVANT: NISSAN MOTOR ACCEPTANCE CORPORATION


EH     


Docket 12

Tentative Ruling: 9/1/2020

Service: Proper Opposition: None


For the reasons set forth in the motion, the Court is inclined to:


-GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1) and (2)

-GRANT waiver of Rule 4001(a)(3) stay

-GRANT request under ¶ 2

-DENY alternative request under ¶ 11 as moot.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

Debtor(s):

MARIA ESTHER ADRIANO Represented By

Robert W Stewart Jr

Movant(s):

NISSAN MOTOR ACCEPTANCE Represented By

Kirsten Martinez

11:00 AM

CONT...

Trustee(s):


MARIA ESTHER ADRIANO PEREZ


Chapter 7

Charles W Daff (TR) Pro Se

11:00 AM

6:20-14650


Danelle Miranda Sandoval Solorzano


Chapter 7


#6.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2016 Kia Soul, VIN: KNDJ P3A5 4G73 47697


MOVANT: MECHANICS BANK


EH     


Docket 8

Tentative Ruling: 9/1/2020

Service: Proper Opposition: None


The Court is inclined to:


-GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1) and (2)

-GRANT waiver of Rule 4001(a)(3) stay

-GRANT request under ¶ 2


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

Debtor(s):

Danelle Miranda Sandoval Represented By Ivan Trahan

Movant(s):

MECHANICS BANK Represented By Vincent V Frounjian

11:00 AM

CONT...

Trustee(s):


Danelle Miranda Sandoval Solorzano


Chapter 7

Robert Whitmore (TR) Pro Se

11:00 AM

6:20-15370


Michael J. Slowinski


Chapter 13


#7.00 Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate Real Property


MOVANT: MICHAEL SLOWINSKI


EH     


Docket 14

Tentative Ruling: 9/1/2020

Service: Proper Opposition: None


Debtor had a previous case dismissed on January 30, 2020. Therefore, pursuant to 11

U.S.C. § 362(c)(3)(A), the automatic stay in the instant case terminates on the thirtieth (30th) day following the petition date.


11 U.S.C. § 362(c)(3)(C)(i)(II)(cc) provides for a presumption that this case was filed in bad faith as to all creditors because Debtor’s previous case was dismissed for failure to perform the terms of a plan confirmed by the Court. Therefore, pursuant to 11 U.S.C. § 362(c)(3)(B)-(C), Debtor must rebut this statutory presumption by providing "clear and convincing" evidence to the contrary.


Here, Debtor has cited a variety of factors (change in employment, decrease in domestic support payments, receipt of financial assistance from daughter, and retention of counsel) in support of his motion to continue the automatic stay. The Court notes that the evidence submitted by Debtor, however, lacks the requisite detail to enable the Court to assess the extent of the change in circumstances and determine whether Debtor is likely to successfully complete his proposed Chapter 13 plan.


APPEARANCES REQUIRED.

Party Information

11:00 AM

CONT...

Debtor(s):


Michael J. Slowinski


Chapter 13

Michael J. Slowinski Represented By Michael Smith

Movant(s):

Michael J. Slowinski Represented By Michael Smith

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:18-16908


Visiting Nurse Association of the Inland Counties


Chapter 11


#8.00 Motion for Order: (1) Authorizing the Debtor to Enter into Transactions Outside the Ordinarty Course of Business pursuant to 11 U.S.C. § 363(b); (2) Approving the Transition Agreement Between the Debtor, Destiny Hospice of the Desert and Destiny Hospice of Temecula; and (3) Approving the Transition Agreement between the Debtor and Healthsure Management Services, LLC


EH     


Docket 691

Tentative Ruling: 9/1/2020

The Court, having reviwed the motion, service being proper and no opposition having been filed, is inclined to find that Debtor has sufficiently articulated a legitimate business justification to enter into the proposed agreements, and, as such, is inclined to GRANT the motion.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

Debtor(s):

Visiting Nurse Association of the Represented By

David M Goodrich Beth Gaschen Jennifer Vicente Ryan W Beall Steven T Gubner Jason B Komorsky

Movant(s):

Visiting Nurse Association of the Represented By

David M Goodrich

2:00 PM

CONT...


Visiting Nurse Association of the Inland Counties

David M Goodrich Beth Gaschen Beth Gaschen Jennifer Vicente Jennifer Vicente Ryan W Beall Ryan W Beall Steven T Gubner Steven T Gubner Jason B Komorsky Jason B Komorsky


Chapter 11

2:00 PM

6:19-21185


Sunyeah Group Corporation


Chapter 11

Adv#: 6:20-01097 Sunyeah Group Corporation v. Kippartners, L.P.


#9.00 CONT Motion to Dismiss Adversary Proceeding or Granting Abstention From: 7/21/20

Also #10 EH     

Docket 4

*** VACATED *** REASON: ORDER RE DISMISSAL ENTERED 8/7/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Sunyeah Group Corporation Represented By David B Golubchik Jeffrey S Kwong

Defendant(s):

Kippartners, L.P. Represented By Sean A OKeefe

Movant(s):

Kippartners, L.P. Represented By Sean A OKeefe

Plaintiff(s):

Sunyeah Group Corporation Represented By David B Golubchik Jeffrey S Kwong

2:00 PM

6:19-21185


Sunyeah Group Corporation


Chapter 11

Adv#: 6:20-01097 Sunyeah Group Corporation v. Kippartners, L.P.


#10.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01097. Complaint by Sunyeah Group Corporation against Kippartners, L.P.. (Charge To Estate -

$350.00). Complaint For: (1) Declaratory Relief; (2) Avoidance of Preferential Transfers Pursuant to 11 U.S.C. § 547; (3) Avoidance of Fraudulent Transfers Pursuant to 11 U.S.C. § 548; (4) Avoidance of Post-Petition Transfers Pursuant to 11 U.S.C. § 549; (5) Recovery of Value of Avoidable Transfers Pursuant To 11 U.S.C. § 550; (6) Turnover of Security Deposit Pursuant To 11 U.S.C. § 542; and (7) Disallowance of Claim Pursuant to 11 U.S.C. § 502(d) Nature of Suit: (11 (Recovery of money/property - 542 turnover of property)),(12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)),(91 (Declaratory judgment))(Kwong, Jeffrey)


From: 7/21/20 Also #9

EH     


Docket 1

*** VACATED *** REASON: ORDER RE DISMISSAL ENTERED 8/7/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Sunyeah Group Corporation Represented By David B Golubchik Jeffrey S Kwong

Defendant(s):

Kippartners, L.P. Represented By Sean A OKeefe

2:00 PM

CONT...


Sunyeah Group Corporation


Chapter 11

Plaintiff(s):

Sunyeah Group Corporation Represented By David B Golubchik Jeffrey S Kwong

2:00 PM

6:19-21185


Sunyeah Group Corporation


Chapter 11


#11.00 CONT Motion to Convert Case From Chapter 11 to 7 From: 6/30/20, 7/21/20

Also #12 EH     

Docket 110

*** VACATED *** REASON: ORDER ENTERED 7/24/20

Tentative Ruling:

6/30/20


BACKGROUND:


On December 30, 2019 (hereinafter the "Petition Date"), Sunyeah Group Corporation, a California Corporation (hereinafter "SGC"), filed a Chapter 11 voluntary petition. SGC is operating its business, managing its affairs, and administering its estate as a debtor-in-possession pursuant to 11 U.S.C. §§ 1107 and 1108. SGC is a manufacturer of, among other things, annealed, customized, and tempered glass. Dkt. No. 10, Pg. 2.

Kippartners, L.P. (hereinafter "KLP") is the owner of the industrial building located at 930 Wanamaker Avenue, Ontario, California (hereinafter the "Industrial Building"). Claim 14-1. By its motion, KLP seeks conversion of Debtor’s case to Chapter 7.


ANALYSIS:


"On request of a party in interest…the court shall convert a case under this chapter to a case under chapter 7 or dismiss a case under this chapter, whichever is in the best interests of creditors and the estate for cause…" 11 U.S.C. § 1112(b)(1) (emphasis added). Kippartners has standing as a creditor to initiate such a motion. 7

2:00 PM

CONT...


Sunyeah Group Corporation


Chapter 11

Collier on Bankruptcy ¶ 112.04[1] (Richard Levin & Henry J. Sommer eds., 16th ed.) (stating that a party in interest set forth in 11 U.S.C. 1109 includes "creditors, a creditors’ committee, equity security holder and an equity security holder committee, and indenture trustee, as well as a trustee and the debtor.").


Under 11 U.S.C. § 1112(b)(4), the Bankruptcy Code contains sixteen examples of what constitute cause for conversion or dismissal. The list is not exhaustive. In re Ameribuild Constr. Mgmt., Inc., 399 B.R. 129, 131 n. 3 (Bankr. S.D.N.Y. 2009) (stating that "the list contained in 1112(b) is not exhaustive. The Court will be able to consider other factors as they arise, and to use its equitable powers to reach an appropriate result in individual cases.").


Furthermore, the standard to prove "cause" is by a preponderance of the evidence. In re Corona Care Convalescent Corp., 527 B.R. 379, 382 (Bankr. C.D. Cal. 2015). "The definition of a preponderance of evidence is evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence which as a whole shows that that the fact sought to be proved is more probable than not." In re Cooper, 2012 Bankr. Lexis 6119, *6 (Bankr. E. D. Cal. 2012).


Here the Court is inclined to find "cause" exists to convert the Debtor’s case to one under Chapter 7 pursuant to 11 U.S.C. § 1112(b)(1) under a totality analysis for the following primary reasons, explained in greater detail below:


  1. Debtor has no business operations (on petition date or currently) and no possibility of future business operations;


  2. Debtor has no employees (on petition date or currently);


  3. Debtor’s assets on petition date were comprised of only personal property located at debtor’s former business premises, and allegedly certain accounts receivable, and Debtor’s assets currently consist of approximately $700,000 in cash and allegedly certain accounts receivable (with significant amounts of

    2:00 PM

    CONT...


    Sunyeah Group Corporation

    administrative expenses having already been accrued by Debtor’s counsel and likely KLP);


    Chapter 11


  4. Liens in favor of Debtor’s principals were perfected 12 days before the petition date but not set aside by current principals, notwithstanding request by Movant, until 6 months after the case was filed and 4 days after Movant filed its motion to dismiss; and


  5. The principals’ liens were not listed in the Statement of Financial Affairs, notwithstanding that Debtor was clearly aware of them when the SOFA was filed, having specifically referenced them in a prior stipulation for use of cash collateral.


Given this conclusion, before turning to Debtor’s burden in opposing the motion and setting aside the issues regarding the principals, the Court first notes that one key practical question it is faced with in considering the motion is what alternative provides the most cost effective means of resolving the case: having a chapter 7 trustee administer the case with an additional layer of administrative expenses, or having Debtor’s counsel’s prosecute the case to conclusion, with an associated increase in counsel's fees and costs. It is impossible to conclusively evaluate the greater costs on this (or generally any) record, but the Court believes strongly that a disclosure statement and plan process will certainly be more expensive than a chapter 7 distribution, even net of Trustee counsel fees incurred getting up to speed, and given the facts above the Court cannot help but believe that there was no need for the greater expenses of a chapter 11 case on the petition date, or at this point, other than to protect the principals’ interests – protection that would be lost in a Chapter 7. Stated otherwise, it is this combination of factors: lack of confidence, based on principals' actions, in their ability to direct Debtor’s actions for the benefit of creditors, a relatively small and finite amount of estate assets shrinking daily by increasing administrative expenses, no hope of rehabilitation, and what the Court believes will be greater expenses continuing in a chapter 11 plan process where there is no need for one, that serves as "cause" to convert.

2:00 PM

CONT...


Sunyeah Group Corporation

Here simply no revival of the Debtor’s business, much less restructuring, will


Chapter 11

occur. This is simply now a garden-variety situation of mostly liquidated assets needing to marshaled by a trustee and distributed to creditors, with some di minimis ancillary activity, such as liquidating accounts receivable and resolving the asset ownership dispute, that can easily be performed by a trustee. Even the liquidation of assets earlier in the case was simply an sale of equipment, not any kind of ongoing business sale usually contemplated in the Chapter 11 liquidation.


Finding cause to convert, the Court turns to the Debtor’s burden to demonstrate unusual circumstances showing that conversion is not in the best interest of creditors or the estate. Ultimately, the Court is not persuaded that any unusual circumstances exist here.


In particular, there is no extensive learning curve for a Chapter 7 trustee in this case. There is no evidence that collecting accounts receivable and distributing cash in this case will be complicated. Plus the issues regarding asset ownership do not appear particularly extensive or complex. As an aside, the court approval of the cash collateral stipulation that includes the date that the principals’ lien recordation does not somehow bless or immunize the principals of their failure to disclose. It is simply not the Court’s burden to scrutinize cash collateral stipulations such as this for issues such as whether alleged liens are valid, much less preferential.


There appears to be some confusion in the briefing as to whether conversion was requested on the basis that the case was filed in bad faith, or on bad faith that exists currently, or otherwise. Ultimately, as noted above and otherwise for reasons stated in the moving papers, the Court simply finds uncontroverted cause to grant the motion, noting that a number of the elements in support of cause also serve as factors in a finding of bad faith.


As to the evidentiary objections filed by Debtor, the Court sustains all objections based on relevancy, except as to the last statement, which objection is overruled.


APPEARANCES REQUIRED.

2:00 PM

CONT...


Debtor(s):


Sunyeah Group Corporation

Party Information


Chapter 11

Sunyeah Group Corporation Represented By David B Golubchik Jeffrey S Kwong

Movant(s):

Kippartners, L.P. Represented By Sean A OKeefe

2:00 PM

6:19-21185


Sunyeah Group Corporation


Chapter 11


#12.00 CONT Motion To Allow and Compel Payment of Administrative Claim From: 6/9/20, 7/21/20

Also #11 EH     

Docket 94

*** VACATED *** REASON: ORDER ENTERED 7/24/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Sunyeah Group Corporation Represented By David B Golubchik Jeffrey S Kwong

Movant(s):

Kippartners, L.P. Represented By Sean A OKeefe

11:00 AM

6:20-12652


Rosa H. Colon


Chapter 7


#1.00 Motion to Avoid Lien Real Property with Mountain Park Condominium Association


EH     


Docket 17

Tentative Ruling: 9/2/2020

Service: Proper Opposition: Yes


Section 522(f)(1) of the Bankruptcy Code provides that the debtor may avoid the fixing of a lien on an interest of the debtor in property to the extent that such lien impairs an exemption to which the debtor would have been entitled under §522(b), if such lien is (A) a judicial lien, other than a judicial lien that secures a debt of a kind that is specified in section 523(a)(5)); or (B) a nonpossessory, non-purchase-money security interest in household furnishings or goods as specified, tools of a trade, or health aids. 11 U.S.C. § 522(f). §101(36) defines "judicial lien" as a "lien obtained by judgment levy, sequestration, or other legal or equitable process or proceeding." 11

U.S.C. §101(36). Regarding a statutory lien, §101(53) defines it as a "lien arising solely by force of a statute on specified circumstances or conditions, …, but does not include security interest or judicial lien, …." 11 U.S.C. § 101(53).


Here, §522(f)(1) does not apply to Creditor’s assessment lien. Creditor’s assessment lien is not a judgment lien or a nonpossessory, non-purchase-money security interest. It was created pursuant to California Civil Code § 5675(a)1, not by a process or proceeding prescribed in §101(36). Moreover, Debtor’s primary arguments regarding Creditor’s assessment lien is invalid focus on Creditor’s failure to comply with the procedural requirements for recording an assessment lien under California state law. These arguments do not have bearings for determining whether to avoid a lien per § 522(f)(1).

11:00 AM

CONT...


Rosa H. Colon


Chapter 7

In addition, it appears that Debtor argues that Creditor’s lien should be avoided pursuant to § 545(2) because of Creditor’s failure to comply with California Civil Code § 5675(a). Section 545(2) provides that the trustee may avoid the fixing of a statutory lien on property of the debtor to the extent that such lien is not perfected or enforceable at the time of the commencement of the case. 11 U.S.C. § 545(2). An adversary proceeding is required for avoidance actions under § 545. Fed. R. Bankr. P. 7001(2). Accordingly, Debtor does not have standing to challenge Creditor’s assessment lien under § 545(2), and used the wrong proceeding to do so.

Based on the foregoing analysis, the Court is inclined to DENY the motion. APPEARANCES REQUIRED.

Party Information

Debtor(s):

Rosa H. Colon Represented By Sean H Colon

Movant(s):

Rosa H. Colon Represented By Sean H Colon Sean H Colon

Trustee(s):

Lynda T. Bui (TR) Pro Se

11:00 AM

6:16-20298


Donald Sutcliffe


Chapter 7


#2.00 Motion to Approve $12,000 Credit to Buyer in Connection with Closing of Escrow EH     

Docket 146

Tentative Ruling:

9/2/2020


BACKGROUND


On November 18, 2016 ("Petition Date"), Donald Sutcliffe ("Debtor") filed a Chapter 7 voluntary petition. In Schedule C, Debtor claimed exemptions for (1) household goods and furnishing ($7,000) and (2) Subzero fridge ($2,000). There is not any objection to exemptions filed, and the deadline for filing such an objection has expired on 1/22/2017 pursuant to Federal Rules of Bankruptcy Procedure Rule 4003(b).


From and after the Petition Date (which was almost four years ago), Debtor failed to make a single mortgage payment, property tax payment, or homeowners’ association payment regarding the real property commonly known as 51417 El Dorado Dr., La Quinta, CA ("Property"). On April 22, 2020, the Trustee filed a motion ("Sale Motion") for sale of the Property free and clear of all specified liens, claims, and interests, to David W. McQuade ("Buyer"). On May 5, 2020, Debtor filed a response to the Sale Motion requesting, among other things, that the Court set a move-out date of July 31, 2020. On May 19, 2020, the Court entered an order granting the Sale Motion ("Sale Order"), with Debtor’s proposed move-out date of July 31, 2020.


Prior to the extended move-out date, Debtor began to neglect maintenance on the Property, and refused to comply with the Trustee’s reasonable requests. On July 10, 2020, the Trustee filed a motion to enforce turnover order and remove Debtor from the Property, as a result of Debtor’s refusal to comply. On July 17, 2020, the Court

11:00 AM

CONT...


Donald Sutcliffe


Chapter 7

entered an order directing the Debtor to vacate the property by 9:00 a.m. on July 20, 2020 ("Final Turnover Order"). Paragraph 4 of the Final Turnover Order stated that "Debtor and any/all occupants shall not remove any fixtures or non-exempt personal property."


The Trustee’s broker informed the Trustee that Debtor had removed (a) 48-inch Sub Zero brand refrigerator; (b) two automatic dishwashers; and (c) at least two wine coolers or wine refrigerators (the "Removed Property") from the Property. Upon confirmation that these appliances were removed, the Buyer sought a quote and negotiated with the Trustee for a buyer’s credit to defray the cost of the replacement appliances. Escrow closed on the week of August 3, 2020. In connection with closing, the Buyer received a credit of $12,000.


On August 11, 2020, the Trustee filed this instant motion to approve $12,000 credit to the Buyer in connection with closing of escrow. On August 19, 2020, Debtor filed an opposition. On August 26, 2020, the Trustee filed a reply.


DISCUSSION


The Court’s Final Turnover Order stated that "Debtor and any/all occupants shall not remove any fixtures or non-exempt personal property." Per this order, two categories of property should not be removed: (1) fixtures and (2) non-exempt personal property. Here, the Court finds that the refrigerator and the two dishwashers are fixtures pursuant to California Civil Code section 660 but needs further evidence regarding the wine coolers to determine whether they should be deemed as fixtures.


Section 660 of California Civil Code defines a "fixture" as follows:

A thing is deemed to be affixed to land when it is attached to it by roots, as in the case of trees, vines, or shrubs; or imbedded in it, as in the case of walls; or permanently resting upon it, as in the case of buildings; or permanently attached to what is thus permanent, as by means of cement, plaster, nails, bolts, or screws; except that for the purposes of sale, emblements, industrial growing crops and things

11:00 AM

CONT...


Donald Sutcliffe

attached to or forming part of the land, which are agreed to be severed before sale or under the contract of sale, shall be treated as goods and be governed by the provisions of the title of this code regulating the sales of goods.


Chapter 7



Cal. Civ. Code § 660. Pursuant to Article 9 of the Uniform Commercial Code, fixtures are defined as goods that have become so related to particular real property that an interest in them arises under real property law. Unif. Commercial Code § 9-102. The California Residential Purchase Agreement at paragraph 8B(1) (C.A.R. Form RPA- CA, Revised 12/15) approved by the California Association of Realtors has a provision stating that "all existing fixtures and fittings that are attached to the property" are included in the sale to the buyer. C.A.R. Form RPA-CA, Revised 12/15. Common examples of what a fixture is in residential property include built-in cabinets, toilets, carpets, lighting, doors, sinks, counters, solar panels, heating units, air conditioning units, fireplaces, and built-in bookcases.


Here, the evidence provided by the Trustee indicates that the refrigerator and the two dishwashers were build-ins. It appears that they were attached to walls and surrounded by cabinets. As to the wine coolers, it is not clear whether they were build-ins or free standing. Thus, further evidence is required for determining whether the wine coolers are fixtures.


The Trustee through the motion and his declaration requests the Court (1) approve the

$12,000 negotiated credit to the Buyer, and (2) issue an order to show cause re: civil contempt against Debtor and instruct him to compensate the Estate for the damages caused by the removal of the fixtures in violation of the Court’s Final Turnover Order.


  1. Credit of $12,000


    Section 363(b)(1) of the Bankrtupcy Code allows a trustee to sell property of the estate outside of the ordinary course, after notice and a hearing. A sale pursuant to § 363(b) requires a demonstration that the sale has a valid business justification. In re

    11:00 AM

    CONT...


    Donald Sutcliffe


    Chapter 7

    240 North Brand Parners, Ltd., 200 B.R. 653, 659 (B.A.P. 9th Cir. 1996). "In approving any sale outside the ordinary course of business, the court must not only articulate a sufficient business reason for the sale, it must further find it is in the best interest of the estate, i.e. it is fair and reasonable, that it has been given adequate marketing, that it has been negotiated and proposed in good faith, that the purchaser is proceeding in good faith, and that it is an "arms-length" transaction." In re Wilde Horse Enters., Inc., 136 B.R. 830, 841 (Bankr. C.D. Cal.).


    The $12,000 negotiated credit to the Buyer is part of the sale transaction and the standard of business justification applies. The declaration of the Trustee contains evidence of the valuation of the Removed Property, indicating $12,000 is a fair value for the Removed Property. See Motion, Ex. 4. Moreover, the $12,000 credit was a result of arm-length negotiations between the Trustee and the Buyer. The Trustee also contends that this $12,000 credit may avoid re-starting the sale process and the risk of further deterioration to the Property.


    Debtor in the opposition [Docket # 155] argues that the Removed Property has little value because they are between 10 to 17 years old and unbranded. Especially, the wine cooler did not work at the time of the court order. Meanwhile, he argues that his ex- girlfriend sold the items to cover the expenses of moving out. These statements contradict with each other – the Removed Property with little value could be sold to cover expenses for moving out. Moreover, although Debtor disputes the valuation of the Removed Property, he failed to provide his own evidence of valuation and did not disclose how much proceeds the ex-girlfriend received from the sale of the Removed Property.


    Subject to a determination of the wine coolers being fixtures, the Court concludes that the Trustee has articulated an adequate business reason for this transaction, given that the $12,000 credit appears to be a good faith, arms-length transaction, and that this deal will avoid unnecessary administrative expenses.


  2. Order to Show Cause re: Civil Contempt against Debtor

11:00 AM

CONT...


Donald Sutcliffe


Chapter 7


Along with the motion, the Trustee also submitted a declaration in lieu of a motion for order to show cause re: contempt against Debtor. The Trustee contends that the removal of those appliances is in contempt of the Final Turnover Order and caused at least $12,000 in direct damages to the estate. Moreover, a post-turnover inspection by the Trustee’s broker revealed that Debtor did not move out all of his personal items and left a substantial amount of trash on the Property. All of Debtor’s conducts caused unanticipated pre-closing costs to remedy damage of the Property and substantial attorneys’ fees and costs in this regard.


It is uncontroverted that Debtor was aware of the Court’s Final Turnover Order. In the opposition, Debtor failed to provide any justification to explain the removal of these appliances. Thus, the Court is inclined to issue an OSC re civil contempt.


TENTATIVE RULING



The Court is inclined to CONTINUE for evidence as to the wine coolers being fixtures, and issue an OSC re civil contempt.


APPEARANCES REQUIRED.

Party Information

Debtor(s):

Donald Sutcliffe Pro Se

Movant(s):

John P Pringle (TR) Represented By

D Edward Hays David Wood Tinho Mang

11:00 AM

CONT...

Trustee(s):


Donald Sutcliffe


Chapter 7

John P Pringle (TR) Represented By

D Edward Hays David Wood Tinho Mang

11:00 AM

6:20-15370


Michael J. Slowinski


Chapter 13


#2.10 CONT Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate Real Property


MOVANT: MICHAEL SLOWINSKI


From: 9/1/20 EH     

Docket 14

Tentative Ruling: 9/1/2020

Service: Proper Opposition: None


Debtor had a previous case dismissed on January 30, 2020. Therefore, pursuant to 11

U.S.C. § 362(c)(3)(A), the automatic stay in the instant case terminates on the thirtieth (30th) day following the petition date.


11 U.S.C. § 362(c)(3)(C)(i)(II)(cc) provides for a presumption that this case was filed in bad faith as to all creditors because Debtor’s previous case was dismissed for failure to perform the terms of a plan confirmed by the Court. Therefore, pursuant to 11 U.S.C. § 362(c)(3)(B)-(C), Debtor must rebut this statutory presumption by providing "clear and convincing" evidence to the contrary.


Here, Debtor has cited a variety of factors (change in employment, decrease in domestic support payments, receipt of financial assistance from daughter, and retention of counsel) in support of his motion to continue the automatic stay. The Court notes that the evidence submitted by Debtor, however, lacks the requisite detail to enable the Court to assess the extent of the change in circumstances and determine whether Debtor is likely to successfully complete his proposed Chapter 13 plan.


APPEARANCES REQUIRED.

11:00 AM

CONT...


Debtor(s):


Michael J. Slowinski


Party Information


Chapter 13

Michael J. Slowinski Represented By Michael Smith

Movant(s):

Michael J. Slowinski Represented By Michael Smith

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:20-11490


Niels Erik Torring


Chapter 7

Adv#: 6:20-01123 Thompson v. Torring


#3.00 Status Conference RE: [1] Adversary case 6:20-ap-01123. Complaint by Greg Thompson against Niels Erik Torring . 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))


EH     


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Niels Erik Torring Pro Se

Defendant(s):

Niels Erik Torring Pro Se

Joint Debtor(s):

Sonja Haupt Torring Pro Se

Plaintiff(s):

Greg Thompson Represented By John G Dickman

Trustee(s):

Steven M Speier (TR) Pro Se

2:00 PM

6:18-12027


Richard M. Thomas


Chapter 7

Adv#: 6:18-01156 Anderson, Chapter 7 Trustee v. Williams et al


#4.00 CONT Motion For Summary Judgment Against Defendant Amy Williams From: 10/9/19, 1/8/20, 4/8/20, 4/29/20, 9/1/20

Also #5 EH         

Docket 51

*** VACATED *** REASON: CASE DISMISSED ON 7/16/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Richard M. Thomas Represented By Keith Q Nguyen

Defendant(s):

Amy Williams Represented By Anerio V Altman

Richard M Thomas Jr. Pro Se

Joint Debtor(s):

Raquel Young Represented By Keith Q Nguyen

Movant(s):

Karl T. Anderson, Chapter 7 Trustee Represented By

Frank X Ruggier

Plaintiff(s):

Karl T. Anderson, Chapter 7 Trustee Represented By

2:00 PM

CONT...


Trustee(s):


Richard M. Thomas


Frank X Ruggier


Chapter 7

Karl T Anderson (TR) Represented By Larry D Simons Frank X Ruggier

2:00 PM

6:18-12027


Richard M. Thomas


Chapter 7

Adv#: 6:18-01156 Anderson, Chapter 7 Trustee v. Williams et al


#5.00 CONT Status Conference RE: [1] Adversary case 6:18-ap-01156. Complaint by Karl T. Anderson, Chapter 7 Trustee against Amy Williams, Richard M Thomas Jr.. (Charge To Estate) ($350.00). Complaint to: (1) Avoid and Recover Fraudulent Transfer; (2) Obtain Declaratory Relief as to Ownership of Real Property; and (3) Authorize Sale of Property Owned in Part by Non-Debtor Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)) (DEFAULT GRANTED AS TO SEVENTH CLAIM 4/19/19)


From: 9/26/18, 11/7/18, 12/12/18, 1/30/19, 2/27/19, 4/10/19, 9/18/19, 10/9/19, 1/8/20, 4/8/20, 4/29/20, 7/1/20


Also #4 EH         

Docket 1

*** VACATED *** REASON: CASE DISMISSED ON 7/16/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Richard M. Thomas Represented By Keith Q Nguyen

Defendant(s):

Richard M Thomas Jr. Pro Se

Amy Williams Represented By Anerio V Altman

Joint Debtor(s):

Raquel Young Represented By Keith Q Nguyen

2:00 PM

CONT...


Richard M. Thomas


Chapter 7

Plaintiff(s):

Karl T. Anderson, Chapter 7 Trustee Represented By

Frank X Ruggier

Trustee(s):

Karl T Anderson (TR) Represented By Larry D Simons Frank X Ruggier

2:00 PM

6:15-14230


Home Security Stores, Inc.


Chapter 7

Adv#: 6:17-01085 PRINGLE v. Winn et al


#6.00 CONT Status Conference RE: [1] Adversary case 6:17-ap-01085. Complaint by JOHN P PRINGLE against Ralph Winn. (Charge To Estate - $350.00). and other Defendants including DOES 1-25 Nature of Suit: 12 - Recovery of money/property - 547 preference, 13-Recovery of money/property - 548 fraudulent transfer, 21-Validity, priority or extent of lien or other interest in property,14 - Recovery of money/property - other, 91- Declaratory judgment) (Dismissed as to Ralph & Stacy Winn - 4/3/20)


From: 7/12/17, 8/23/17, 10/25/17, 5/16/18, 6/27/18, 9/26/18, 1/23/19, 3/27/19, 6/26/19, 10/16/19, 1/15/20, 4/8/20, 4/29/20, 7/1/20


EH     


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Home Security Stores, Inc. Represented By Winfield S Payne III

Defendant(s):

Ralph Winn Represented By

Douglas A Plazak

Sterling Security Service, Inc. Pro Se

Natalia V Knoch Pro Se

Steven B Knoch Pro Se

Stacy Winn Represented By

Douglas A Plazak

2:00 PM

CONT...


Home Security Stores, Inc.


Chapter 7

Plaintiff(s):

JOHN P PRINGLE Represented By Charity J Manee Robert P Goe

Trustee(s):

John P Pringle (TR) Represented By Robert P Goe Charity J Manee

2:00 PM

6:13-16964


Narinder Sangha


Chapter 7

Adv#: 6:13-01171 Schrader v. Sangha


#7.00 Motion For Partial Summary Adjudication On Defendant's Affirmative Defenses Also #8

EH     


Docket 382

*** VACATED *** REASON: CONTINUED TO 9/9/20 AT 2:00 PM

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Narinder Sangha Represented By Deepalie M Joshi

Defendant(s):

Narinder Sangha Represented By Deepalie M Joshi Charity J Manee

Movant(s):

Charles Edward Schrader Pro Se

Plaintiff(s):

Charles Edward Schrader Pro Se

Trustee(s):

Karl T Anderson (TR) Pro Se

2:00 PM

6:13-16964


Narinder Sangha


Chapter 7

Adv#: 6:13-01171 Schrader v. Sangha


#8.00 CONT Status Conference RE: [1] Adversary case 6:13-ap-01171. Complaint by Charles Edward Schrader against Narinder Sangha . willful and malicious injury))


From: 4/17/19, 5/22/19, 8/28/19, 11/6/19, 1/29/20, 3/4/20, 4/1/20, 4/22/20,

7/1/20


Also #7 EH     

Docket 1

*** VACATED *** REASON: CONTINUED TO 9/9/20 AT 2:00 PM

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Narinder Sangha Represented By Deepalie M Joshi

Defendant(s):

Narinder Sangha Represented By Deepalie M Joshi Charity J Manee

Plaintiff(s):

Charles Edward Schrader Pro Se

Trustee(s):

Karl T Anderson (TR) Pro Se

11:00 AM

6:16-11165


Efrain Figueroa


Chapter 13


#1.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 729 North Baker Avenue, Ontario, California 91764


MOVANT: BANK OF AMERICA, NA


From: 8/18/20 EH        

Docket 58

Tentative Ruling: 8/18/2020

Service: Proper

Opposition: Yes


Subject to Debtor having cured the delinquency and/or the parties have reached a forbearance agreement or an adequate protection stipulation, the Court is inclined to:


-GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1)

-GRANT relief from § 1301(a) co-debtor stay

-GRANT waiver of Rule 4001(a)(3) stay

-GRANT request under ¶ 2

-DENY request under ¶ 3 for lack of cause shown


APPEARANCES REQUIRED.

Party Information

Debtor(s):

Efrain Figueroa Represented By

Raj T Wadhwani

Movant(s):

11:00 AM

CONT...


Efrain Figueroa


Chapter 13

Bank of America, N.A. Represented By

William F McDonald III Anna Landa

Bonni S Mantovani Cassandra J Richey Alexander G Meissner Diana Torres-Brito Christopher Giacinto Julian T Cotton

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:17-13165


Richard Ortiz and Dolores Ortiz


Chapter 13


#2.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 30430 Guadalupe Ct, Temecula, CA 92591


MOVANT: U.S. BANK NATIONAL ASSOCIATION


From: 8/25/20 EH     

Docket 66

Tentative Ruling: 8/25/2020

Service: Proper

Opposition: None


The Court is inclined to:


-GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1).

-GRANT waiver of Rule 4001(a)(3) stay.

-GRANT request under ¶¶ 2 and 3.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

Debtor(s):

Richard Ortiz Represented By Elena Steers

Joint Debtor(s):

Dolores Ortiz Represented By Elena Steers

11:00 AM

CONT...

Movant(s):


Richard Ortiz and Dolores Ortiz


Chapter 13

U.S. Bank National Association, as Represented By

Daniel K Fujimoto Caren J Castle

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:17-18230


Ricardo Munoz and Roseann Munoz


Chapter 13


#3.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1554 N Helen Ct, Ontario, California 91762


MOVANT: U.S. BANK NATIONAL ASSOCIATION


From: 7/28/20 EH     

Docket 63

Tentative Ruling: Tentative Ruling:

7/28/20


Service: Proper Opposition: Debtors


To attain relief from stay under 11. U.S.C §362(d)(1) "cause" must be shown. U.S. Bank National Association (hereinafter "U.S. Bank") claims that post-petition post- confirmation mortgage payments due have not been made by the Debtor. "The failure, however, of a debtor to tender post-petition payments to a mortgagee does not mean that the secured creditor must be granted relief from the stay…Evidence of a post- petition delinquency only means that the debtor must then come forward with evidence demonstrating that the mortgagee’s secured interest is adequately protected." In re Middleton Place Assocs., 1993 Bankr. Lexis 2171, *28-*29 (Bankr. E.D. PA, 1993).


By providing the Equity Line of Credit Agreement and Disclosure Statement, Deed of Trust, and the ledger of loan payments, U.S. Bank has established "cause" for relief under 11 U.S.C § 362(d)(1). In re Kim, 71 B.R. 1011, 1014 (Bankr. C.D. Cal. 1987).

11:00 AM

CONT...


Ricardo Munoz and Roseann Munoz


Chapter 13


The burden now shifts to the opposing party, the Debtors, to show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1). 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.).


Debtors have opposed this motion. Debtors claim that on July 10, 2020, they made a payment of $1,000. Dkt. No. 65, Pg. 2. Debtor are "looking to enter into an adequate protection order" and they "intend to continue making all of their regular post-petition payments in a timely fashion. Id.


Parties are to abreast the Court of any adequate protection discussions. APPEARANCES REQUIRED.


Party Information

Debtor(s):

Ricardo Munoz Represented By Michael E Clark Barry E Borowitz

Joint Debtor(s):

Roseann Munoz Represented By Michael E Clark Barry E Borowitz

Movant(s):

U.S. Bank National Association Represented By Mukta Suri Sean C Ferry

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:18-11890


Rogelio Ramos and Maria Escobar


Chapter 13


#4.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 17708 Seville Avenue, Fontana, CA 92335


MOVANT: DEUTCHE BANK NATIONAL TRUST COMPANY


From: 7/28/20 EH     

Docket 60

*** VACATED *** REASON: ORDER ENTERED 8/20/20

Tentative Ruling: Tentative Ruling:

7/28/20


Service: Proper Opposition: None


To attain relief from stay under 11. U.S.C §362(d)(1) "cause" must be shown. Deutsche Bank National Trust Company (hereinafter "Deutsche Bank") claims that post-petition post-confirmation mortgage payments due have not been made by the Debtors. "The failure, however, of a debtor to tender post-petition payments to a mortgagee does not mean that the secured creditor must be granted relief from the stay…Evidence of a post-petition delinquency only means that the debtor must then come forward with evidence demonstrating that the mortgagee’s secured interest is adequately protected." In re Middleton Place Assocs., 1993 Bankr. Lexis 2171, *28-* 29 (Bankr. E.D. PA, 1993).


By providing the Interest-Only Period Adjustable Rate Note, Deed of Trust, Adjustable Rate Rider, Assignment of Deed of Trust, Corporation Assignment of Deed of Trust, Assignment of Deed of Trust, and the ledger of loan payments,

11:00 AM

CONT...


Rogelio Ramos and Maria Escobar


Chapter 13

Deutsche Bank has established "cause" for relief under 11 U.S.C § 362(d)(1). In re Kim, 71 B.R. 1011, 1014 (Bankr. C.D. Cal. 1987).


The burden now shifts to the opposing party, the Debtors, to show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1). 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.).


Debtors have not opposed this motion. Thus, they have not met their burden. Pursuant to LBR 9013-1(h), if a party does not timely file and serve documents, the Court may deem this lack of action to be consent to the granting or denial of the motion. Thus, the Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1).

GRANT relief from Rule 4001(a)(3) stay. GRANT request under ¶¶ 2 and 3. The co- debtor stay of 11 U.S.C. § 1301(a) is terminated. DENY request under ¶13 as moot.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


Party Information

Debtor(s):

Rogelio Ramos Represented By Rebecca Tomilowitz

Joint Debtor(s):

Maria Escobar Represented By Rebecca Tomilowitz

Movant(s):

Deutsche Bank National Trust Represented By Sean C Ferry Eric P Enciso

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

CONT...


Rogelio Ramos and Maria Escobar


Chapter 13

11:00 AM

6:18-20264


Veronica Montes


Chapter 13


#5.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 18055 Dexter Avenue, Lake Elsinore, California 92532


MOVANT: ROYAL PACIFIC FUNDING CORP


EH     


Docket 36

Tentative Ruling: 9/8/2020

Service: Proper

Opposition: None


The Court is inclined to:


-GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1).

-GRANT waiver of Rule 4001(a)(3) stay.

-GRANT Relief from § 1301 co-debtor stay.

-GRANT requests under ¶¶ 2 and 3.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

Debtor(s):

Veronica Montes Represented By Nathan Fransen

Movant(s):

Royal Pacific Funding Corp. Represented By Joseph C Delmotte

11:00 AM

CONT...

Trustee(s):


Veronica Montes


Chapter 13

Rod Danielson (TR) Pro Se

11:00 AM

6:19-12219


Michael Lawrence Ricks and Debra Jean Ricks


Chapter 13


#6.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1073 Hisse Drive, San Jacinto, California 92583


MOVANT: U.S. BANK NATIONAL ASSOCIATION


From: 7/28/20, 8/18/20 EH     

Docket 37

Tentative Ruling: Tentative Ruling:

7/28/20


Service: Proper Opposition: None


To attain relief from stay under 11. U.S.C §362(d)(1) "cause" must be shown. U.S. Bank National Association, as Indenture Trustee, on behalf of the holder of Terwin Mortgage Trust (hereinafter "U.S. Bank - Terwin") claims that post-petition post- confirmation mortgage payments due have not been made by Debtors. "The failure, however, of a debtor to tender post-petition payments to a mortgagee does not mean that the secured creditor must be granted relief from the stay…Evidence of a post- petition delinquency only means that the debtor must then come forward with evidence demonstrating that the mortgagee’s secured interest is adequately protected." In re Middleton Place Assocs., 1993 Bankr. Lexis 2171, *28-*29 (Bankr. E.D. PA, 1993).


By providing the Note, Balloon Note Addendum Second Mortgage, Deed of Trust, Assignment of Deed of Trust, Modification Agreement and the ledger of loan

11:00 AM

CONT...


Michael Lawrence Ricks and Debra Jean Ricks


Chapter 13

payments, U.S. Bank - Terwin has established "cause" for relief under 11 U.S.C § 362(d)(1). In re Kim, 71 B.R. 1011, 1014 (Bankr. C.D. Cal. 1987).


The burden now shifts to the opposing party, the Debtors, to show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1). 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.).


Debtors have opposed this motion. Debtors claim (1) more payments have been made to U.S. Bank – Terwin than the motion accounts for, and (2) the property is fully provided for in the Chapter 13 plan. Dkt. No. 39. Pg. 3. Debtors also assert that all post-petition arrearages will be cured by the hearing date and all post-petition plan payments are current. Id. Debtors allege that movant’s counsel informed Debtors’ counsel that "the Debtors have brought the loan post-petition current." Id.


The parties to confirm whether Debtors are current. APPEARANCES REQUIRED.

Party Information

Debtor(s):

Michael Lawrence Ricks Represented By

Richard Komisars III

Joint Debtor(s):

Debra Jean Ricks Represented By

Richard Komisars III

Movant(s):

U. S. Bank National Association, as Represented By

Kirsten Martinez

11:00 AM

CONT...

Trustee(s):


Michael Lawrence Ricks and Debra Jean Ricks


Chapter 13

Rod Danielson (TR) Pro Se

11:00 AM

6:19-15963


Ramon H. Ventura, Jr. and Clementine Ventura


Chapter 13


#7.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 36677 Oak Meadows Place, Murrieta, California 92562


MOVANT: SELENE AS ATTORNEY IN FACT WILMINGTON SAVINGS FUND SOCIETY, FSB


From: 7/28/20 EH     

Docket 61

Tentative Ruling: Tentative Ruling:

7/28/20


Service: Proper Opposition: None


To attain relief from stay under 11. U.S.C §362(d)(1) "cause" must be shown. Selene Finance LP (hereinafter "Selene Finance") claims that post-petition post-confirmation mortgage payments due have not been made by Debtors. "The failure, however, of a debtor to tender post-petition payments to a mortgagee does not mean that the secured creditor must be granted relief from the stay…Evidence of a post-petition delinquency only means that the debtor must then come forward with evidence demonstrating that the mortgagee’s secured interest is adequately protected." In re Middleton Place Assocs., 1993 Bankr. Lexis 2171, *28-*29 (Bankr. E.D. PA, 1993).


By providing the Fixed/Adjustable Rate Note Interest Only Fixed Period, Deed of Trust, California Assignment of Deed of Trust, Corporation Assignment of Deed of Trust, Modification Agreement, and the ledger of loan payments, Selene Finance has

11:00 AM

CONT...


Ramon H. Ventura, Jr. and Clementine Ventura


Chapter 13

established "cause" for relief under 11 U.S.C § 362(d)(1). In re Kim, 71 B.R. 1011, 1014 (Bankr. C.D. Cal. 1987).


The burden now shifts to the opposing party, the Debtors, to show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1). 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.).


Debtors have opposed this motion. Dkt. No. 63. Joint Debtor declared that she would like to enter into an adequate protection agreement in which she pays a lump sum on or before the date of the hearing on this matter and pays the remainder over a six- month timeframe in equal installments on the fifteenth of each month. Id. at Decl. in Support of Opposition to Motion for Relief from Automatic Stay.


The parties to update the Court of any adequate protection discussions. APPEARANCES REQUIRED.

Party Information

Debtor(s):

Ramon H. Ventura Jr. Represented By Gregory Ashcraft

Joint Debtor(s):

Clementine Ventura Represented By Gregory Ashcraft

Movant(s):

Selene as servicer for Wilmington Represented By

Christina J Khil Sean C Ferry

11:00 AM

CONT...

Trustee(s):


Ramon H. Ventura, Jr. and Clementine Ventura


Chapter 13

Rod Danielson (TR) Pro Se

11:00 AM

6:19-19255


Kimberley D Blevins


Chapter 13


#8.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 7442 Pheasant Run Road, Riverside, CA 92509


MOVANT: NEWREZ LLC dba SHELLPOINT MORTGAGE SERVICING


From: 7/21/20, 8/18/20 EH     

Docket 36

*** VACATED *** REASON: ORDER ENTERED 8/27/20

Tentative Ruling:

7/21/20


Service: Proper Opposition: Yes


The Court is inclined to:

Parties to apprise Court of status of adequate protection discussions. APPEARANCES REQUIRED.

Party Information

Debtor(s):

Kimberley D Blevins Represented By Christopher J Langley Michael Smith

Movant(s):

NewRez LLC d/b/a Shellpoint Represented By Christopher Giacinto James F Lewin

11:00 AM

CONT...

Trustee(s):


Kimberley D Blevins


Chapter 13

Rod Danielson (TR) Pro Se

11:00 AM

6:19-20828


Rachell E Stirrat


Chapter 13


#9.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 3180 E Yountville Dr, Unit 8, Ontario, CA, 91761 UNDER 11 U.S.C. § 362


MOVANT: MATRIX FINANCIAL SERVICES CORPORATION


EH     


Docket 29

Tentative Ruling: 9/8/2020

Service: Proper

Opposition: None


The Court is inclined to:


-GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1).

-GRANT waiver of Rule 4001(a)(3) stay.

-GRANT request under ¶ 2.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

Debtor(s):

Rachell E Stirrat Represented By Neil R Hedtke

Movant(s):

Matrix Financial Services Represented By

Dane W Exnowski

11:00 AM

CONT...

Trustee(s):


Rachell E Stirrat


Chapter 13

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10164


Hernan Pizzulin and Tonya Thomas


Chapter 13


#10.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 3038 Jacinta Dr., Perris, CA 92571


MOVANT: BANK OF AMERICA, N.A.


From: 5/26/20, 6/30/20, 7/28/20 EH     

Docket 25

*** VACATED *** REASON: ORDER ENTERED 8/27/20

Tentative Ruling:

5/26/2020


Service: Proper Opposition: Yes

Parties to apprise Court of status of arrears, if any. APPEARANCES REQUIRED.

Party Information

Debtor(s):

Hernan Pizzulin Represented By Tom A Moore

Joint Debtor(s):

Tonya Thomas Represented By Tom A Moore

Movant(s):

Bank of America, N.A. Represented By Darlene C Vigil

11:00 AM

CONT...

Trustee(s):


Hernan Pizzulin and Tonya Thomas


Chapter 13

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11508


Elvira Navarrete and Rafael Ojeda Navarrete


Chapter 13


#11.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2018 Chevrolet Camaro LT Coupe 2D


MOVANT: EXETER FINANCE, LLC


EH     


Docket 45


Tentative Ruling:

9/8/2020


Service: Proper

Opposition: None


The Court is inclined to:


-GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1) and (d)(2).

-GRANT waiver of Rule 4001(a)(3) stay.

-GRANT request under ¶ 2.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

Debtor(s):

Elvira Navarrete Represented By

Ramiro Flores Munoz

Joint Debtor(s):

Rafael Ojeda Navarrete Represented By

Ramiro Flores Munoz

11:00 AM

CONT...

Movant(s):


Elvira Navarrete and Rafael Ojeda Navarrete


Chapter 13

Exeter Finance, LLC Represented By Marjorie M Johnson

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-12298


Christian Howard


Chapter 13


#12.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 367 West County Line Road, Calimesa, CA 92320


MOVANT: BUDGET CAPITAL CORPORATION


From: 8/25/20 EH     

Docket 33

Tentative Ruling: 8/25/2020

Service: Proper

Opposition: Yes

Parties to apprise Court of status of adequate protection discussions. APPEARANCES REQUIRED.

Party Information

Debtor(s):

Christian Howard Represented By Nicholas M Wajda

Movant(s):

Budget Capital Corporation Represented By Daniel K Fujimoto Alan Steven Wolf Caren J Castle

11:00 AM

CONT...

Trustee(s):


Christian Howard


Chapter 13

Rod Danielson (TR) Pro Se

11:00 AM

6:20-13090


Oscar Pineda Palomera and Veronica Vejar Palomera


Chapter 7


#13.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2018 Chrysler Pacifica Minivan


MOVANT: BALBOA THRIFT & LOAN


EH     


Docket 10


Tentative Ruling:

9/8/2020


Service: Proper

Opposition: None


The Court is inclined to:


-GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1) and (d)(2).

-GRANT waiver of Rule 4001(a)(3) stay.

-GRANT request under ¶ 2.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

Debtor(s):

Oscar Pineda Palomera Represented By James P Doan

Joint Debtor(s):

Veronica Vejar Palomera Represented By James P Doan

11:00 AM

CONT...

Movant(s):


Oscar Pineda Palomera and Veronica Vejar Palomera


Chapter 7

Balboa Thrift & Loan Represented By Keith E Herron

Trustee(s):

Steven M Speier (TR) Pro Se

11:00 AM

6:20-14511


Kevin Jaziel Olivares


Chapter 7


#14.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2016 Honda Civic, VIN: 2HGF C2F5 1GH5 32364


MOVANT: HONDA LEASE TRUST


EH     


Docket 11


Tentative Ruling:

9/8/2020


Service: Proper

Opposition: Yes


The Court is inclined to:


-GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1) and (d)(2).

-GRANT waiver of Rule 4001(a)(3) stay.

-GRANT request under ¶ 2.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

Debtor(s):

Kevin Jaziel Olivares Pro Se

Movant(s):

Honda Lease Trust Represented By Vincent V Frounjian

11:00 AM

CONT...

Trustee(s):


Kevin Jaziel Olivares


Chapter 7

Larry D Simons (TR) Pro Se

11:00 AM

6:20-14960


Joseph Anthony Perez


Chapter 7


#15.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2019 Chevrolet Silverado


MOVANT: BANK OF THE WEST


EH     


Docket 7

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/27/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Joseph Anthony Perez Represented By

David A Akintimoye

Movant(s):

BANK OF THE WEST Represented By

Mary Ellmann Tang

Trustee(s):

Lynda T. Bui (TR) Pro Se

2:00 PM

6:18-16908


Visiting Nurse Association of the Inland Counties


Chapter 11


#16.00 CONT Motion for Order Approving Debtor's Disclosure Statement Describing Liquidating Plan Dated February 28, 2020


From: 4/21/20 Also #17

EH         


Docket 550

Tentative Ruling:

9/8/20


  1. PROCEDURAL BACKGROUND


    On August 15, 2018, Visiting Nurse Association of the Inland Counties ("Debtor") filed a Chapter 11 voluntary petition. The following procedural events have occurred so far in the cases:


    -On August 28, 2018, the Court approved Debtor’ use of cash collateral on an interim basis. Subsequently, the Court approved stipulations regarding the use of cash collateral. Currently, Debtor is authorized for use of cash collateral through September 30, 2020.


    - On the same day, the Court granted a motion prohibiting utility companies from altering, refusing, or discontinuing service on an interim basis. An order granting the motion on a final basis was entered on October 23, 2018.


    -On the same day, the Court authorized Debtor to keep two pre-petition bank accounts open on an interim basis. An order granting the motion on a final basis was entered on

    2:00 PM

    CONT...


    Visiting Nurse Association of the Inland Counties


    Chapter 11

    January 31, 2019.

    -On the same day, the Court authorized the payment of prepetition payroll obligations and to honor prepetition employment procedures on an interim basis. On November 14, 2018, the Court granted in part, denied in part the motion on a final basis.


    -On September 11, 2018, the Court approved the appointment of a patient care ombudsman.


    -On September 26, 2018, the Court authorized the employment of the Turoci Firm as bankruptcy counsel.


    -On October 23, 2018, the Court authorized the employment of Marshack Hays LLP as bankruptcy counsel for the Official Committee of Creditors Holding Unsecured Claims.


    -On November 30, 2018, the Court entered four orders: (1) an order dening the employment of Perkins Coie LLP as counsel to the Patient Care Ombudsman retroactive to September 13, 2018; (2) an order granting the employment of Weiland Golden Goodrich LLP as Debtor’s counsel; (3) an order approving a stipulation between the H.N. and Frances C Berger Foundation and Debtor for abandonment of certain lease space; and (4) an order granting notices of setting of insider compensation.


    -On December 4, 2018, the Court authorized Debtor to enter into a new commercial lease.


    -On December 12, 2018, the Court extended the exclusivity period for filing a Chapter 11 plan and disclosure statement to June 11, 2019. Subsequently, on June 12, 2019 and January 23, 2020, respectively, the Court approved Debtor’s second and third motions to extend the exclusivity period. The exclusivity period was extended to February 15, 2020.

    -On January 2, 2019, the Court approved the abandonment of some personal property,

    e.g. office furniture and equipment, and the rejection of a lease of certain furniture and equipment.


    -On February 4, 2019, the Court approved a services agreement between Debtor and Force Ten Partners LLC.

    -On February 7, 2019, the Court authorized the employment of Jennifer Le, American

    2:00 PM

    CONT...


    Visiting Nurse Association of the Inland Counties


    Chapter 11

    HealthCare Capital as a finder.

    -On February 25, 2019, the Court approved Debtor’s management agreement with Healthsure Management Services, LLC nunc pro tunc to the petition date.


    -On May 9, 2019, the Court ordered the rejection of an insurance contract with Metropolitan Life Insurance Company.


    -On June 27, 2019, the Court authorized Debtor to incur debt to finance the premiums for several business insurance policies.


    -On June 27, 2019, the Court authorized the employment of Brutzkus Gubner as special litigation counsel.


    -On August 21, 2019, the Court approved the abandonment of four Konica Minolta photocopiers.


    -On December 6, 2019, the Court approved Debtor’s settlement agreements relating to Jillian Soto’s claims.


    -On June 8, 2020, the Court granted Debtor’s second motion to incur debt to finance the premiums for several business insurance policies.

    -On July 16, 2020, the Court approved a sale of substantially all of Debtor’s assets.

    -On July 20, 2020, the Court authorized Debtor to return certain funds to the U.S. Department of Health & Human Services but denied Debtor’s waiver request.


    On February 28, 2020, Debtor filed its disclosure statement and Chapter 11 plan. Multiple parties, including Creditor the U.S. Department of Health and Human Services and Centers for Medicare and Medicaid Services ("CMS"), Creditor Simione Healthcare Consultants, LLC ("SHC"), Creditor the H. N. and Frances C. Berger Foundation, the Unsecured Creditors Committee and the UST filed objections to the disclosure statement. After the Court approved a sale of substantially all of Debtor’s assets, on August 7, 2020, Debtor filed its first amended disclosure statement ("Amended Disclosure Statement") and liquidating Chapter 11 plan ("Amended Plan"). Up to date, there is no objections filed to the Court. Three creditors, including the CMS, the IRS, and the SHC raised potential objections to the Debtor. Through stipulations, Debtor has resolved their objections.

    2:00 PM

    CONT...


    Visiting Nurse Association of the Inland Counties


    Chapter 11


    On August 5, 2020, Debtor terminated all remaining employees. Debtor still requires the services of health care employees during the transfer of Debtor’s patients to the buyers. On August 11, 2020, Debtor filed a motion seeking approval of the leasing of employees to Debtor per the transition agreement with Destiny Hospice of the Desert and Destiny Hospice of Temecula, and Healthsure Management Services, LLC. [See Docket #691]. On August 26, Debtor filed another motion seeking a similar relief per a transition agreement with American Healthcare Capital.


  2. PLAN SUMMARY


    In addition to the Amended Disclosure Statement, the following exhibits are included:

    (1) "Liquidating Trust: Post-Transaction Window Budget" (Exhibit 1); (2) "Trust Agreement" (Exhibit 2); and (3) "Hypothetical Ch 7 Liquidation Analysis" (Exhibit 3).


    1. The Court’s Order to Hold Distribution of Sale Proceeds


      1. Several creditors including Berger Foundation, the SHC, the EDD and the IRS hold competing liens against the proceeds of the sale.


      2. Also, the State of California is investigating donations made to Debtor to determine if any cash on hand or previously used by Debtor is restricted for a designated purpose.


      3. The Court ordered Debtor to hold the proceeds until the lien priority dispute is resolved and the investigation is completed and resolved.


    2. The Effective Date:

      2:00 PM

      CONT...


      Visiting Nurse Association of the Inland Counties


      Chapter 11


      1. The effective date of the Amended Plan (the "Effective Date") will be the first business day that is at least 15 days after the entry of an order confirming the Amended Plan provided that there has been no order staying the effectiveness of the confirmation order.


      2. The Effective Date will be delayed if Debtor cannot resolve the lien priority disputes and/or the investigation is not completed before the Effective Date.


    3. The Liquidating Trust


      1. On the Effective Date, Debtor shall create and enter into a liquidating trust (the "Liquidating Trust"). After the Liquidating Trust has taken ownership/assignment of all funds, property, claims, rights and causes of action of the Debtor and its Estate, the Debtor shall dissolve or otherwise wind down.


      2. The assets that will be transferred to the Liquidating Trust include (i) any avoidance causes of action belonging to the Debtor’s Estate under any sections 544-553, inclusive, of the Bankruptcy Code (estimated recovery of $666,667); (ii) any D&O and/or E&O actions (estimated recovery

        $3,333,333); (iii) any workers compensation self-insurance claims (estimated recovery $1,600,000); (iv) any accounts receivable (estimated at

        $5,000,000 ($3,000,000 post-petition and $2,000,000 pre-petition)); (v) cash on hand ($252,907); and (vi) the Sale Proceeds ($7,200,000 less certain banking fees).


      3. Adam Meislik (the "Liquidating Trustee") will be the trustee of the Liquidating Trust. The Liquidating Trustee will receive compensation of

        $450 per hour plus expenses.

      4. The Liquidating Trust shall terminate on the later of (a) the date which is 5 years after the Effective Date, and (b) the date of full resolution of all trust property.

        2:00 PM

        CONT...


        Visiting Nurse Association of the Inland Counties


        Chapter 11


    4. There are two types of unclassified claims and four classes of claims:


      1. Unclassified Claims


        1. Administrative Claims

          • Attorney fees and accountant fees are estimated in the amount of $1,186,219 as of the Effective Date and they will be paid monthly over 6 months.

          • The UST fees ($15,453) will be paid in full on or before the Effective Date


        2. Priority Tax Claims: Debtor lists the IRS ($1,576,335) and the FTB ($198,305). Debtor has projected funds sufficient to pay the claim in full in 2021 from the collection of past due A/R and potential recoveries from the D&O Litigation and avoidance actions.


      2. Classified Claims


        1. Class 1-Secured Claim of the IRS ($2,612,694): It will be paid

          $1,467,156 in October 2020, and the balance will be paid over 4 months.

          • Per a stipulation [Docket #705], the Amended Disclosure Statement shall reflect the terms set forth in the stipulation. The IRS reserves its right to object to confirmation of the Plan.

        2. Class 2- Secured Claim of Berger ($4,364,859): It will be paid in

          2:00 PM

          CONT...


          Visiting Nurse Association of the Inland Counties

          full on or before the Effective Date.

        3. Class 3- Secured Claim of EDD ($820,841.74): It will be paid 50% in November 2020, and the balance will be paid over 6 months.


          Chapter 11


        4. Class 4- Simione/the SHC ($2,416,3642): This claim is disputed. Debtor will reserve sufficient funds in a segregated account to pay the full amount. Upon further order of the Court determining the extent of its lien, the claim will be paid.

          • Per a stipulation [Docket #711] entered by Debtor and Simione/the SHC, a settlement agreement has been reached to resolve the dispute regarding the validity of its lien.

            Pending approval of the settlement, Simione/the SHC reserves its right to object to the plan treatment of its claim.

          • Per the stipulation, the alleged settlement agreement was set for September 29, 2020 at 2:00 p.m. However, this settlement agreement cannot be found in the case docket.


        5. Class 5- Travelers ($2,196,695): This claim is disputed. Travelers may owe Debtor approximately $1.5 million to $2 million. The parties have reached a tentative agreement [see Docket #701]. Once the agreement is approved, Travelers will withdraw its claim.


        6. Class 6- Centers for Medicare and Medicaid ($900,000): It will be fully paid prior to the Effective Date.

          • Per a stipulation [Docket #703], the plan treatment of this claim stated in this Amended Disclosure Statement were erroneous and should be superseded and replaced by the terms set forth in the stipulation [Docket #657] approved by the Court on July 16, 2020.

        7. Class 7- Cisco ($472): It will be paid in full on the Effective Date.

        8. Class 8- Element Financial (approx. $70,000): Its lien will remain on the collateral, which is not being administered by the Debtor. Any deficiency claim will be treated as a general unsecured claim.

          2:00 PM

          CONT...


          Visiting Nurse Association of the Inland Counties

        9. Class 9- Navitas ($41,272): Its lien will remain on the collateral, which is not being administered by the Debtor. Any deficiency claim will be treated as a general unsecured claim.


          Chapter 11

        10. Class 10- Midland State Bank: Its lien will remain on the collateral, which is not being administered by the Debtor. Any deficiency claim will be treated as a general unsecured claim.


        11. Class 11- Konica Minolta: Its lien will remain on the collateral, which is not being administered by the Debtor. Any deficiency claim will be treated as a general unsecured claim.


        12. Class 12- Playmaker CRM ($12,992): It will be paid in full in 2021 through the collection of A/R and recoveries from litigation.


        13. Class 13- Priority Claims (approx. $296,567.62): It will be paid in full in 2021 through the collection of A/R and recoveries from litigation, to the extent that there is trust property available.


        14. Class 14- General Unsecured Claims (approx. $12.7 million): Debtor projects that there may be approximately $520,000.00 available to pay General Unsecured Claims.


    5. Rejection of Executory Contracts and Unexpired Leases


      1. On the Effective Date, all executory contracts and unexpired leases of Debtor will be deemed rejected as of the Effective Date, other than executory contracts and unexpired leases that were previously assumed, assumed and assigned, or rejected by final order of the Bankruptcy Court.


      2. If the rejection gives rise to a claim, a proof of claim should be filed and served on Debtor or the Liquidating Trust within 30 days after the Effective Date.

      3. Insurance Policies:

        1. Any insurance policy that is deemed to be an executory contract shall neither be rejected nor assumed by operation of this Plan and

          2:00 PM

          CONT...


          Visiting Nurse Association of the Inland Counties

          shall be the subject of a specific motion by the Liquidating Trust, which shall retain the right to assume or reject any such executory contracts following the Effective Date.

        2. Debtor’s rights with respect to all insurance policies shall be


          Chapter 11

          transferred to the Liquidating Trust from the Effective Date until the Debtor’s dissolution.


        3. The confirmation order shall constitute a determination that no default by Debtor exists with respect to any of the insurance policies.


  3. LEGAL ANALYSIS


A Chapter 11 disclosure statement is required to contain "adequate information" pursuant to 11 U.S.C. § 1125(b). 11 U.S.C. § 1125(a)(1) defines "adequate information" as:


information of a kind, and in sufficient detail as far as is reasonably practicable in light of the nature and history of the debtor and the condition of the debtor’s books and records, including a discussion of the potential material Federal tax consequences of the plan to the debtor, any successor to the debtor, and a hypothetical investor typical of the holders of claims or interests in the case, that would enable such a hypothetical investor of the relevant class to make an informed judgment about the plan, but adequate information need not include such information about any other possible or proposed plan and in determining whether a disclosure statement provides adequate information, the court shall consider the complexity of the case, the benefit of additional information to creditors and other parties in interest, and the cost of providing additional information.


The type of information required varies with the circumstances. See, e.g., In re Jeppson, 66 B.R. 269, 292 (Bankr. D. Utah 1986); In re Metrocraft Publ’g Servs.,

2:00 PM

CONT...


Visiting Nurse Association of the Inland Counties


Chapter 11

Inc., 39 B.R. 567 (Bankr. N.D. Ga. 1984) (both listing nineteen categories of information commonly required); see also In re Malek, 35 B.R. 443, 443-44 (Bankr.

E.D. Mich. 1983) (listing minimum requirements). ).


Here, there is no objection to Debtor’s Amended Disclosure Statement. Debtor’s Amended Disclosure Statement provides the following information: (1) a financial projection; (2) a feasibility analysis of the plan to demonstrate that the plan will be feasible; (3) a liquidation analysis to prove that the plan meets the best interest test;

  1. the major events during the case; (5) a detailed description of the treatment of the claims; (6) a detailed illustration of the Liquidating Trust; (7) an analysis of the risk factors; (8) the requirements and effect of the confirmation of the plan; and (9) the tax consequences of the plan.


    The Court notes some ambiguity with the plan treatment of the SHC. Per the stipulation entered by Debtor and the SHC, a settlement agreement has been reached to resolve the dispute on the validity of the SHC lien, and a hearing on a motion seeking the Court approval of the settlement agreement was set for September 29, 2020. Further, the stipulation states that if the settlement agreement is approved by the Court, the terms providing for the treatment of its claim set forth in the settlement agreement would supersede those set forth in the Amended Plan. The motion mentioned in the stipulation, however, cannot be found in the Court’s case docket.


    Further, Debtor’s Post-Transaction Window Budget (Ex. 1) is based on the payment terms set forth in the Amended Plan. Given that Debtor’s stipulations with the CMS and the SHC have changed the plan treatment of their claims, it appears that the financial projections should be updated accordingly.


    Debtor filed a motion under FRBP 9019 regarding the secured claim of Berger Foundation. This motion seeks to settle the attorneys’ fees portion of the claim in the amount of $212,750. If the motion is approved by the Court, it seems that this settlement will reduce the amount of the claim (i.e. $4,364,859) currently set forth in Class 2 of the Amended Plan.

    2:00 PM

    CONT...


    Visiting Nurse Association of the Inland Counties


    Chapter 11



    The Amended Disclosure Statement and the Amended Plan re-categorized the creditors’ claims into 14 classes. In the summary of the plan treatments for the claims and some other sections, the claims are referred to as a class of "1-8" which is the claim categorization in the prior plan. To avoid any confusion, Debtor should make changes accordingly.


    Other than the issues discussed above, the information provided by Debtor in the Amended Disclosure Statement is generally sufficient.


    Tentative Ruling



    The Court is inclined to GRANT the motion, APPROVING Debtor's Amended Disclosure Statement as including adequate information, conditioning that Debtor makes clarification on the issues mentioned above.


    APPEARANCES REQUIRED.


    Debtor(s):


    Party Information

    Visiting Nurse Association of the Represented By

    David M Goodrich Beth Gaschen Jennifer Vicente Ryan W Beall Steven T Gubner Jason B Komorsky

    Movant(s):

    Visiting Nurse Association of the Represented By

    David M Goodrich David M Goodrich

    2:00 PM

    CONT...


    Visiting Nurse Association of the Inland Counties

    Beth Gaschen Beth Gaschen Jennifer Vicente Jennifer Vicente Ryan W Beall Ryan W Beall Steven T Gubner Steven T Gubner Jason B Komorsky Jason B Komorsky


    Chapter 11

    2:00 PM

    6:18-16908


    Visiting Nurse Association of the Inland Counties


    Chapter 11


    #17.00 CONT Order (1) Setting Scheduling Hearing And Case Management Conference And (2) Requiring Status Report


    From: 8/28/18, 9/25/18, 10/30/18, 11/13/18, 12/18/18, 2/26/19, 3/27/19, 5/1/19, 7/30/19, 9/17/19, 11/19/19, 2/4/20, 4/21/20


    Also #16 EH     

    Docket 4


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Visiting Nurse Association of the Represented By

    David M Goodrich Beth Gaschen Jennifer Vicente Ryan W Beall Steven T Gubner Jason B Komorsky

    10:00 AM

    6:20-15418


    Maria Luisa Esguerra


    Chapter 7


    #1.00 Pro se Reaffirmation Agreement Between Debtor and OneMain re 2010 Porsche


    EH     


    Docket 8


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Maria Luisa Esguerra Pro Se

    Trustee(s):

    Arturo Cisneros (TR) Pro Se

    10:00 AM

    6:20-14515


    Amber Yvette Rosales


    Chapter 7


    #2.00 Pro se Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation re 2019 Toyota Prius


    EH     


    Docket 10


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Amber Yvette Rosales Represented By Benjamin R Heston

    Trustee(s):

    Larry D Simons (TR) Pro Se

    10:00 AM

    6:20-13779


    Ramon Nava Guzman


    Chapter 7


    #3.00 Reaffirmation Agreement Between Debtor and OneMain re 02 Ford EH     

    Docket 9


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Ramon Nava Guzman Represented By Marlin Branstetter

    Trustee(s):

    Robert Whitmore (TR) Pro Se

    10:00 AM

    6:20-13573


    Jose Luis Raygoza and Vera Helen Raygoza


    Chapter 7


    #4.00 Pro se Reaffirmation Agreement Between Debtor and Ally Bank re 2017 Honda Civic


    EH     


    Docket 27

    *** VACATED *** REASON: CONTINUED TO 10/7/20 AT 10:00 A.M.

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Jose Luis Raygoza Pro Se

    Joint Debtor(s):

    Vera Helen Raygoza Pro Se

    Trustee(s):

    Howard B Grobstein (TR) Pro Se

    10:00 AM

    6:20-13538


    Lauren Marie Garcia Cordova


    Chapter 7


    #5.00 Pro se Reaffirmation Agreement Between Debtor and American Honda Finance Corporation re 2017 Honda Civic


    EH     


    Docket 10


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Lauren Marie Garcia Cordova Represented By Daniel King

    Trustee(s):

    Howard B Grobstein (TR) Pro Se

    10:00 AM

    6:20-13284


    Jacquiece A. Parker


    Chapter 7


    #6.00 Pro se Reaffirmation Agreement Between Debtor and SchoolsFirst Federal Credit Union RE 2014 Infiniti Q50


    EH     


    Docket 15


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Jacquiece A. Parker Represented By

    James D. Hornbuckle

    Trustee(s):

    Lynda T. Bui (TR) Pro Se

    11:00 AM

    6:19-14909


    Robert M. Munoz and Julie Anna Munoz


    Chapter 7


    #7.00 Notice of Trustee's Final Report and Applications for Compensation EH     

    Docket 36


    Tentative Ruling:

    9/9/2020

    No opposition has been filed. Service was Proper.


    The applications for compensation of the Trustee and Accountant for the Trustee have been set for hearing on the notice required by LBR 2016-1. Pursuant to the Trustee's Final Report and the applications of the associated professionals, the Court is inclined to APPROVE the following administrative expenses:


    Trustee Fees: $ 2,050.00 Trustee Expenses: $


    Accountant Fees: $ 2,267.00 Accountant Costs: $ 65.60


    APPEARANCES WAIVED. If written or oral opposition is presented at the hearing, the hearing may be continued. Trustee to lodge order within 7 days.

    Party Information

    Debtor(s):

    Robert M. Munoz Represented By Sundee M Teeple

    Joint Debtor(s):

    Julie Anna Munoz Represented By Sundee M Teeple

    11:00 AM

    CONT...

    Trustee(s):


    Robert M. Munoz and Julie Anna Munoz


    Chapter 7

    Howard B Grobstein (TR) Pro Se

    11:00 AM

    6:18-19105


    German Duran Lopez and Bertha Alicia Lopez


    Chapter 7


    #8.00 Notice of Trustee's Final Report and Applications for Compensation EH     

    Docket 51


    Tentative Ruling:

    9/9/2020

    No opposition has been filed. Service was Proper.


    The application for compensation of the Trustee has been set for hearing on the notice required by LBR 2016-1. Pursuant to the Trustee's Final Report, the Court is inclined to APPROVE the following administrative expenses:


    Trustee Fees: $ 2,974.21 Trustee Expenses: $ 430.40


    APPEARANCES WAIVED. If written or oral opposition is presented at the hearing, the hearing may be continued. Trustee to lodge order within 7 days.

    Party Information

    Debtor(s):

    German Duran Lopez Represented By Gerald L Bohart

    Joint Debtor(s):

    Bertha Alicia Lopez Represented By Gerald L Bohart

    Trustee(s):

    Larry D Simons (TR) Pro Se

    11:00 AM

    6:13-22713


    Abel Solorzano and Irma Solorzano


    Chapter 7


    #9.00 CONT Trustee's Final Report and Applications for Compensation (Holding Date)


    From: 4/1/20, 5/13/20 EH         

    Docket 464

    *** VACATED *** REASON: CONTINUED TO 10/14/20 AT 11:00 A.M.

    Tentative Ruling:

    The Court will CONTINUE the matter to September 9, 2020 at 11:00 a.m. for the issuance of a written judicial opinion.


    APPEARANCES WAIVED.


    Debtor(s):


    Party Information

    Abel Solorzano Represented By Byron Z Moldo Howard Camhi

    Joint Debtor(s):

    Irma Solorzano Represented By Byron Z Moldo Howard Camhi

    Trustee(s):

    Howard B Grobstein (TR) Represented By Ivan L Kallick

    2:00 PM

    6:19-17393


    Gabriel Perez


    Chapter 7

    Adv#: 6:19-01163 O'Neil et al v. Perez et al


    #10.00 CONT Status Conference RE: [1] Adversary case 6:19-ap-01163. Complaint by Michael O'Neil, Al Karlson, Dixie Karlson against Gabriel Perez, Janyn Perez. 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)) (McGuire, Edmond)


    From: 1/29/20, 5/27/20, 7/22/20, 8/26/20 EH     

    Docket 1


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Gabriel Perez Represented By Glen J Biondi

    Defendant(s):

    Gabriel Perez Represented By Glen J Biondi

    Janyn Perez Represented By

    Glen J Biondi

    Joint Debtor(s):

    Janyn Perez Represented By

    Glen J Biondi

    Plaintiff(s):

    Al Karlson Represented By

    Edmond Richard McGuire

    2:00 PM

    CONT...


    Gabriel Perez


    Chapter 7

    Dixie Karlson Represented By

    Edmond Richard McGuire

    Michael O'Neil Represented By

    Edmond Richard McGuire

    Trustee(s):

    Steven M Speier (TR) Pro Se

    2:00 PM

    6:17-20092


    Mark Bastorous


    Chapter 7

    Adv#: 6:20-01057 Pringle v. Makar


    #11.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01057. Complaint by John P. Pringle against Ayad Makar. (Charge To Estate - $350.00). Complaint:

    1. To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)

Alias issued 7/7/20


From: 7/27/20 EH     

Docket 1

*** VACATED *** REASON: CONTINUED TO 9/28/20 AT 1:00 PM

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Ayad Makar Represented By

Michael A Corfield

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

2:00 PM

CONT...


Mark Bastorous


Chapter 7

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

Trustee(s):

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

2:00 PM

6:17-18617


Christy Carmen Hammond


Chapter 7

Adv#: 6:19-01144 Whitmore v. Hammond


#12.00 CONT Status Conference RE: [1] Adversary case 6:19-ap-01144. Complaint by Robert S. Whitmore against Kenneth Hammond. (Charge To Estate) $350.00 (Attachments: # 1 Adversary Proceeding Cover Sheet # 2 Unexecuted Summons) Nature of Suit: (11 (Recovery of money/property - 542 turnover of property)),(31 (Approval of sale of property of estate and of a co-owner - 363(h))),(91 (Declaratory judgment))

HOLDING DATE


From: 12/18/19, 5/20/20 EH         

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Christy Carmen Hammond Represented By Eric C Morris

Defendant(s):

Kenneth Hammond Pro Se

Plaintiff(s):

Robert S. Whitmore Represented By Douglas A Plazak

Trustee(s):

Robert Whitmore (TR) Represented By Douglas A Plazak

2:00 PM

6:17-18617


Christy Carmen Hammond


Chapter 7


#13.00 CONT Motion for Order Compelling Debtor to Vacate and Turnover Real Property

HOLDING DATE


From: 11/13/19, 12/18/19, 5/20/20 Also #14

EH         


Docket 40

Tentative Ruling:

11/13/19

BACKGROUND


On October 16, 2017, Christy Hammond ("Debtor") filed a Chapter 7 voluntary petition. Among the assets of the estate is certain real property located at 5918 Ridgegate Dr., Chino Hills, CA 91709 (the "Property"). On January 29, 2018, Debtor obtained a discharge.


On April 23, 2018, the Chapter 7 Trustee filed a notice of assets, subsequently employing an attorney, and a real estate broker. Debtor opposed Trustee’s request to hold a real estate broker, and the Court approved the application after a hearing held on March 27, 2019.


On October 16, 2019, Trustee filed (1) a motion for turnover of property (the "Motion"); and (2) an adversary complaint against Kenneth Hammond seeking

2:00 PM

CONT...


Christy Carmen Hammond


Chapter 7

turnover of property from Debtor’s non-filing spouse. The Motion requests that the Court order the occupants to vacate the Property within twenty days, while outlining certain permitted actions in the event that the occupants do not timely vacate the Property.


On October 30, 2019, Debtor filed her opposition to the Motion. Debtor’s primary argument is that administration of the Property will not produce a consequential benefit to the estate. According to Trustee, the value of the Property is

$600,000-$615,000, the Property is encumbered by security interests totaling

$402,000, Debtor claimed a homestead exemption in the amount of $100,000, and costs of sale/repairs would total $63,000. These figures would produce nonexempt equity in the range of $35,000 to $50,000. In Debtor’s opposition she asserts that Trustee understates the needed repairs by $52,960. Debtor also contends that Trustee overstates the fair market value of the Property by $50,000-$65,000. Finally, Debtor has increased her homestead exemption from $100,000 to $175,000 pursuant to an amended Schedule C filed October 30, 2019 [Dkt. No. 44]. Debtor also raises various procedural and equitable arguments in her opposition.


On November 6, 2019, Trustee filed a reply. Of particular note is that Trustee states that it will file an objection to Debtor’s amended homestead exemption.


DISCUSSION



11 U.S.C. § 542(a) states:


Except as provided in subsection (c) or (d) of this section, an entity, other than a custodian, in possession, custody, or control, during the case, of property that the trustee may use, sell, or lease under section 363 of this title, or that the debtor may exempt under section 522 of this title, shall deliver to the trustee, and account for, such property or the value of such property, unless such property is of inconsequential value or benefit to the estate.

2:00 PM

CONT...


Christy Carmen Hammond


Chapter 7


The standard for a turnover action is well established:


"To prevail in a turnover action under § 542, the party seeking turnover must establish (1) that the property is or was in the possession, custody or control of an entity during the pendency of the case, (2) that the property may be used by the trustee in accordance with § 363 or exempted by the debtor under § 522; and (3) that the property has more than inconsequential value or benefit to the estate."


In re Bailey, 380 B.R. 486, 490 (B.A.P. 6th Cir. 2008); see also In re Newman, 487

B.R. 193 (B.A.P. 9th Cir. 2013). Here, the parties dispute the third prong of the turnover standard identified above.


The Court need not address the parties’ dispute regarding the fair market value of the Property because Debtor’s amended Schedule C, filed October 30, 2019, increased Debtor’s homestead exemption by $75,000. Because Trustee’s own calculation results in realizable equity in the range of $35,000 to $50,000, Debtor’s increased claimed homestead exemption eliminates all realizable equity in the subject property. Pursuant to FED. R. BANKR. P. Rule 1009(a), Debtor has a right to amend her schedules "as a matter of course" until the case is closed. And, pursuant to FED. R. BANKR. P. Rule 4003(c), the party objecting to a claimed exemption has the burden of proof.

Therefore, in the absence of a formal objection, the Court must assume that Debtor’s amended homestead exemption is valid. If Debtor’s amended homestead exemption is valid, then the Property does not have consequential value to the bankruptcy estate.


TENTATIVE RULING

2:00 PM

CONT...


Christy Carmen Hammond


Chapter 7

The Court is inclined to CONTINUE the matter for Trustee to file an objection to Debtor’s amended homestead exemption.


APPEARANCES REQUIRED.


Party Information

Debtor(s):

Christy Carmen Hammond Represented By Eric C Morris

Movant(s):

Robert Whitmore (TR) Represented By Douglas A Plazak

Trustee(s):

Robert Whitmore (TR) Represented By Douglas A Plazak

2:00 PM

6:17-18617


Christy Carmen Hammond


Chapter 7


#14.00 CONT Motion to Disallow Homestead Exemption

HOLDING DATE


From: 12/18/19, 5/20/20 Also #13

EH     


Docket 49

Tentative Ruling:

12/18/19

BACKGROUND


On October 16, 2017, Christy Hammond ("Debtor") filed a Chapter 7 voluntary petition. Among the assets of the estate is certain real property located at 5918 Ridgegate Dr., Chino Hills, CA 91709 (the "Property"). On January 29, 2018, Debtor obtained a discharge.


On April 23, 2018, the Chapter 7 Trustee filed a notice of assets, subsequently employing an attorney, and a real estate broker. Debtor opposed Trustee’s request to hold a real estate broker, and the Court approved the application after a hearing held on March 27, 2019.


On October 16, 2019, Trustee filed (1) a motion for turnover of property (the "Turnover Motion"); and (2) an adversary complaint against Kenneth Hammond seeking turnover of property from Debtor’s non-filing spouse. On October 30, 2019,

2:00 PM

CONT...


Christy Carmen Hammond


Chapter 7

Debtor filed an opposition to the Turnover Motion, while also increasing her homestead exemption to $175,000.


On November 20, 2019, Trustee filed an objection to Debtor’s claimed homestead exemption. Trustee argues that Debtor has not established that she is entitled to claim the increased homestead exemption set forth in CAL. CODE CIV. P. § 704.730(a)(3)(B). On December 4, 2019, Debtor filed her opposition. Debtor argues that Trustee has the burden of proof in objecting to the claimed homestead exemption, and that Trustee has not met this burden. Alternatively, Debtor argues that she has adequately established her entitlement to the $175,000 homestead exemption. Specifically, Debtor argues that the increased homestead exemption is based on the alleged disability of her non-filing spouse, Kenneth Hammond, who served in the U.S. Navy. On December 11, 2019, Trustee filed a reply and a variety of evidentiary objections.


DISCUSSION



  1. Burden of Proof


    As a preliminary matter, the parties disagree on the burden of proof when a Trustee files an objection to a claimed exemption. FED. R. BANKR. P. Rule 4003(c) states: "In any hearing under this rule, the objecting party has the burden of proving that the exemptions are not properly claimed." Trustee argues that the Supreme Court, however, held in the case of Raleigh v. Ill. Dep’t of Revenue, 530 U.S. 15 (2000) that the burden of proof should be determined by reference to state law. In Raleigh, the Supreme Court was considering whether the burden of proof, in the context of a claim objection, is determined by reference to state law. Citing cases dating back to before World War 2, the Supreme Court stated that "we have long held the burden of proof to be a ‘substantive’ aspect of a claim. That is, the burden of proof is an essential element of the claim itself; one who asserts a claim is entitled to the burden of proof that normally comes with it." Id. at 20-21.

    2:00 PM

    CONT...


    Christy Carmen Hammond


    Chapter 7

    The Supreme Court also stated:


    Congress of course may do what it likes with entitlements in bankruptcy, but there is no sign that Congress meant to alter the burdens of production and persuasion on tax claims. The Code in several places, to be sure, establishes particular burdens of proof. But the Code makes no provision for altering the burden on a tax claim, and its silence says that no change was intended.


    Id. at 21-22 (citation omitted). The above excerpt ended with footnote 2, which states:


    The legislative history indicates that the burden of proof on the issue of establishing claims was left to the Rules of Bankruptcy Procedure. The Bankruptcy Rules are silent on the burden of proof for claims; while Federal Rule of Bankruptcy Procedure 3001(f) provides that a proof of claim (the name for the proper form for filing a claim against a debtor) is "prima facie evidence of the validity and amount of the claim," this rule does not address the burden of proof when a trustee disputes a claim. The Rules thus provide no additional guidance.


    Id.


    Thus, the Supreme Court made it clear that Congress was permitted to preempt state law burdens in the drafting of the Bankruptcy Code. Specifically, the Supreme Court cited 11 U.S.C. §§ 362(g), 363(o), 364(d)(2), 547(g), and 1129(d) as examples of instances where the Code specifically articulates a burden of proof. While under principles of preemption it is clear that Congress may delineate an applicable burden in the Bankruptcy Code, in the context of an objection to a homestead exemption, it is the Federal Rules of Bankruptcy Procedure, not the Bankruptcy Code itself, which articulates a burden of proof.

    2:00 PM

    CONT...


    Christy Carmen Hammond


    Chapter 7

    As Trustee points out in its reply brief, 28 U.S.C. § 2072 provides that federal rules of procedure "shall not abridge, enlarge or modify any substantive right." Given that the Supreme Court has determined that a burden of proof is substantive, it would appear that a provision in the Federal Rules of Bankruptcy Procedure could not alter the applicable burden of proof absent a Code provision providing for such alteration.


    After 2000, a number of Court have addressed the issue of whether Raleigh dictates that FED. R. BANKR. P. Rule 4003(c) is invalid when a debtor exempts property under state law, and state law identifies its own burden for claiming that exemption. In California, CAL. CODE CIV. P. § 703.580(b) provides that the party claiming the exemption has the burden of proof. Therefore, in California, the applicable state law provision is in conflict with FED. R. BANKR. P. Rule 4003(c).


    The first case to contain an extended analysis of this conflict, post-Raleigh, appears to be In re Greenfield, 289 B.R. 146 (Bankr. S.D. Cal. 2003). In re Greenfield noted that "the propriety of Rule 4003(c) in a case such as this has been called into question." Id. at 148. Ultimately, In re Greenfield stated the following:


    The court in Raleigh did indeed look to state law in placing the burden. However, Raleigh dealt with a situation – an objection to a proof of claim – for which neither the Bankruptcy Code nor the Bankruptcy Rules provide a burden of proof . . .


    Contrarily, in the case of exemptions and objections thereto, the Rules do provide a specific and clear allocation of the burden – Rule 4003(c). Accordingly, the Raleigh case may not apply.


    Id. at 149.

    2:00 PM

    CONT...


    Christy Carmen Hammond


    Chapter 7


    Then, in 2005, a concurring opinion at the Bankruptcy Appellate Panel, which like In re Greenfield did not actually reach a conclusion on the issue, appeared to lean the opposite direction:


    There is reason to doubt the validity of the allocation, in Federal Rule of Bankruptcy Procedure 4003(c), of the burden of proof to the party objecting to a claim of exemption, especially an exemption claimed under state law.


    At least with respect to state-law exemptions, the better view, after the Supreme Court’s decision in Raleigh v. Ill. Dep’t of Revenue, 530 U.S. 15, 120 S.Ct. 195, 147 L.Ed.2d 13 (2000), may be that, if challenged, the debtor has the burden to establish entitlements to a claim of exemption under state law by the same standard that applies in the courts of that state. If so, then the objecting party does not properly bear the burden of proof.


    The post-Raleigh view necessarily calls into question the validity of Rule 4003(c), which expressly allocates the burden of proof on claims of exemption: "the objecting party has the burden of proving that the exemptions are not properly claimed."


    The basic problem is that Rule 4003(c) suffers from being a procedural rule that attempts to accomplish a substantive task, it being settled by Raleigh that a burden of proof in bankruptcy is substantive and generally is regarded as an essential element of a claim itself.


    In re Davis, 323 B.R. 732, 741 (B.A.P. 9th Cir. 2005) (Judge Klein, concurring opinion).

    2:00 PM

    CONT...


    Christy Carmen Hammond


    Chapter 7


    The excerpts from In re Greenfield and In re Davis reveal the operative legal question – is FED. R. BANKR. P. Rule 4003(c) invalid as a procedural rule which modifies substantive rights? Judge Klein, ten years after his concurrence in In re Davis, wrote a well-researched opinion in In re Tallerico supplementing his concurrence. Several courts, primarily in California, have agreed with his position. See, e.g., In re Diaz, 547 B.R. 329 (B.A.P. 9th Cir. 2016); In re Williams, 556 B.R. 456 (Bankr. C.D. Cal. 2016); In re Vaughn, 558 B.R. 897 (Bankr. D. Ala. 2016); In re Pashenee, 531 B.R. 834 (Bankr. E.D. Cal. 2015). Other courts have concluded that FED. R. BANKR. P. Rule 4003(c) is still valid despite Raleigh. See, e.g., In re Nicholson, 435 B.R. 622 (B.A.P. 9th Cir. 2010) (partially abrogated on other grounds); Matter of Hoffman, 605 B.R. 560 (Bankr. N.D. Ga. 2019); In re Weatherspoon, 605 B.R. 472 (Bankr. S.D. Ohio 2019). Many courts have offered extended analysis of the issue without arriving at a conclusion. See, e.g., In re Aubry, 558 B.R. 333 (Bankr. C.D. Cal. 2016) (Judge Kwan) (expressing skepticism that FRBP 4003(c) is invalid); In re Gilman, 544 B.R. 184 (Bankr. C.D. Cal. 2016) (Judge Kaufman) (stating that caselaw invalidating FRBP 4003(c) was "compelling," but acknowledging that "there is no binding authority that explicitly changes the burden allocation set forth in Carter or FRBP 4003(c)"); In re Thiem, 443 B.R. 832 (Bankr. D. Ariz. 2011) (noting dispute and presuming FRBP 4003(c) still valid for purposes of opinion). Most commonly, courts simply assume that FED. R. BANKR. P. Rule 4003(c) is still valid, possibly unaware of a split in caselaw on the issue. See, e.g., In re Hanson, 903 F.3d 793 (8th Cir. 2018); In re Nuara, 607 B.R. 116 (Bankr. E.D.N.Y. 2019); In re Haworth, 604 B.R 394 (Bankr. D.

    Idaho 2019). Every Circuit Court, including the Ninth Circuit, that has addressed the burden of proof when an objection to a claimed exemption is filed, has continued to refer to FED. R. BANKR. P. Rule 4003(c) post-Raleigh. See, e.g., In re Lee, 889 F.3d 639 (9th Cir. 2018) ("Moreover, Rule 4003(c) provides that in any hearing under the rule, ‘the objecting party has the burden of proving that the exemptions are not properly claimed.’"); In re Hanson, 903 F.3d 793 (8th Cir. 2018) ("It is the trustee’s burden to demonstrate that a claimed exemption is improper."); In re Fehmel, 2010 WL 1287618 (5th Cir. 2010); In re Hodes, 402 F.3d 1005 (10th Cir. 2005) ("The objecting party bears the burden of proof on an objection to a claimed exemption.").


    Judge Klein, in In re Tallerico, 532 B.R. 774 (Bankr. E.D. Cal. 2015), after an extended historical discussion, concluded that "Rule 4003(c) offends the

    2:00 PM

    CONT...


    Christy Carmen Hammond


    Chapter 7

    Bankruptcy Rules Enabling Act with respect to state-law exemptions and must give way to the state statute." This conclusion, that FED. R. BANKR. P. Rule 4003(c) constitutes an impermissible modification of substantive rights, carries significant logical appeal given its simplicity and given the plain language of 28 U.S.C. § 2072.


    The Court, however, cannot escape certain countervailing considerations. First, in Raleigh, the Supreme Court quickly turned to the Federal Rules of Bankruptcy Procedure to determine whether a burden of proof was articulated. 530 U.S. 15 at 22, n.2 ("The legislative history indicates that the burden of proof on the issue of establishing claims was left to the Rules of Bankruptcy Procedure. The Bankruptcy Rules are silent on the burden of proof for claims; while Federal Rule of Bankruptcy Procedure 3001(f) provides that a proof of claim (the name for the proper form for filing a claim against a debtor) is ‘prima facie evidence of the validity and amount of the claim,’ this rule does not address the burden of proof when a trustee disputes a claim. The Rules thus provide no additional guidance."). The Supreme Court, by writing "that the burden of proof on the issue of establishing claims was left to the Rules of Bankruptcy Procedure," acknowledges that Congress may delegate its authority to set the burden of proof. Indeed, delegation of Congressional authority when an "intelligible principle" is articulated has long been a feature of the American government. See, e.g., Mistretta v. U.S., 488 U.S. 361, 372 (1989) ("Applying this ‘intelligble principle’ test to congressional delegations, our jurisprudence has been driven by a practical understanding that in our increasingly complex society, replete with ever changing and more technical problems, Congress simply cannot do its job absent an ability to delegate power under broad general directives."). As Mistretta makes clear, the Supreme Court rarely interferes with the exercise of delegated legislative authority. Id. at 373 ("[W]e have upheld, again without deviation, Congress’ ability to delegate power under broad standards.").


    This observation finds support in a Bankruptcy Appellate Panel decision from 2010:


    As the Supreme Court has recognized, bankruptcy exemptions are authorized and regulated by Congress in § 522 of the Bankruptcy Code.

    2:00 PM

    CONT...


    Christy Carmen Hammond

    Although state law may control the ‘nature and extent’ of state law exemptions, subject to the limitations set forth in the Bankruptcy Code, the manner in which such exemptions are to be claimed, set apart, and awarded, is regulated and determined by the federal courts, as a matter of procedure in the court of bankruptcy administration, as to which they are not bound or limited by state decisions or statutes. Because Congress has regulated the allowance of exemptions in bankruptcy, the Code and Rules may alter burdens of proof relating to exemptions, even if those burdens are part of the "substantive" rights under state law. In implementing the provisions of § 522(l), Rule 4003(c) places the burden of proof on the objecting party.


    Chapter 7



    In re Nicholson, 435 B.R. 622, 633 (B.A.P. 9th Cir. 2010) (partially abrogated on other grounds). In support of the above excerpt, In re Nicholson cited the Supreme Court’s statement that "Congress of course may do what it likes with entitlements in bankruptcy," and the Advisory Committee Note to Rule 4003(c) which states that "This rule is derived from § 522(l) of the Code." Id.; see also 9 COLLIER’S ON BANKRUPTCY ¶ 4003.04 (16th ed. 2019) ("[T]he better- reasoned decisions recognize that the rule simply reflects the burden placed on an objector by section 522(l), a federal statute that overrides state law on this issue under the Supremacy Clause.").


    While the Court does not conclude that the approach represented by In re Nicholson is the better-reasoned approach, for multiple reasons outlined below, the Court concludes that the presence of a legitimate argument that FED. R. BANKR. P. Rule 4003(c) is still valid forces this Court to continue applying the rule.


    First, the Supreme Court drafts the Federal Rules of Bankruptcy Procedure. Raleigh was decided in 2000, so the Supreme Court has had nineteen years, during which time there have been many rule changes, to modify or eliminate FED. R. BANKR. P. Rule 4003(c). It has not done so. Additionally, the Supreme Court, in Raleigh, stated that the burden of proof has long been considered "substantive" --- citing pre-World War 2 cases in support of the proposition. Those cases long predate FED. R. BANKR. P. Rule 4003(c), yet the Supreme Court drafted the rule despite the presence of those cases. Given these

    2:00 PM

    CONT...


    Christy Carmen Hammond


    Chapter 7

    observations and the ambiguity regarding the continuing validity of FED. R. BANKR. P. Rule 4003(c), this Court would be remiss to invalidate a binding rule of bankruptcy procedure on the basis that the Supreme Court violated its own caselaw. This is especially so when, to this Court’s knowledge, every Court of Appeal that has cited the burden of proof for an objection to a homestead exemption has continued to refer to FED. R. BANKR. P. Rule 4003(c) even after Raleigh.


    Rather, this Court agrees with the analysis set forth in In re Weatherspoon, 605

    B.R. 472, 482 (Bankr. S.D. Ohio 2019):


    Although Raleigh was decided in the context of an objection to a proof of claim and did not involve Bankruptcy Rule 4003(c), some bankruptcy courts have questioned the continued viability of the rule in light of the Supreme Court’s holding in that case. These cases are well- reasoned, and Ohio courts place the burden of proof on the party claiming the exemption. Thus, it could be argued that here the Debtor should shoulder the burden of proving the exemption was properly claimed. But even if decisions such as Tallerico are correctly decided, it is not for this Court to determine that Raleigh overruled Zingale by implication; instead, it must follow Zingale until the Supreme Court or the Sixth Circuit overrules it.


    If trial courts disregard binding precedent and binding legal provisions on the basis that they have been implicitly overruled, especially when there are legitimate arguments to the contrary, judicial hierarchy and the entire doctrine of legal precedent would be undermined.


  2. Merits


Here, as stated by Trustee, CAL. CODE CIV. P. § 704.730(a)(3)(B) provides a

$175,000 homestead exemption for "[a] person physically or mentally disabled

2:00 PM

CONT...


Christy Carmen Hammond


Chapter 7

who as a result of that disability is unable to engage in substantial gainful employment." Regarding the preliminary requirement, whether her husband is disabled, Trustee states "Schedules I and J do not give any indication that Mr. Hammond was disabled as of the Petition Date. . . Debtor included unauthenticated documents and inadmissible hearsay testimony that Mr.

Hammond is disabled currently, but no evidence that suggests he was disabled on October 17, 2017." [Dkt. No. 49, pgs. 4-5]. This line of argument is insufficient given that the Court has concluded it should assign Trustee the burden of proof.


Trustee’s primarily focuses on the second requirement – whether Mr. Hammond’s disability renders him unable to engage in substantial gainful employment. Citing In re Gilman, 544 B.R. 184, 199 (Bankr. C.D. Cal. 2016), Trustee argues the following:


The Gilman court disallowed the enhanced disability exemption because even though the debtor had established she was disabled, the court found she earned or had the capcity to earn at least $1,000 per month. Similarly, this Court can assess whether, on the Petition Date, Mr. Hammond had the ability to earn at least $1,170 per month.

Schedule I reflects a gross income of $1,000 per month for Mr. Hammond, but the only evidence in support of this figure is Schedule I. It is very possible that he was or could have been earning at least $170 more per month. Also, there is reference in the hearsay testimony attached to the Turnover Opposition that Mr. Hammond is or was pursuing further education, which would presumably increase his earning capacity.


[Dkt. No. 49, pg. 6]. As pointed out in the opposition, this argument falls short of meeting Trustee’s burden of proof.


Nevertheless, Trustee’s argument raises a legitimate question regarding Debtor’s eligibility to claim the enhanced homestead exemption under CAL. CODE CIV. P. § 704.730(a)(3)(B). Specifically, the Court notes that Mr.

2:00 PM

CONT...


Christy Carmen Hammond


Chapter 7

Hammond’s income is close to the threshold used in In re Gilman to determine substantial gainful activity, and it appears Mr. Hammond may have been enrolled in educational courses that may have caused a temporary reduction in earning potential unrelated to his disability.


TENTATIVE RULING



The Court is inclined to set an evidentiary hearing to determine whether Mr. Hammond had the capacity to engage in substantial gainful employment as of the petition date.


APPEARANCES REQUIRED.


Party Information

Debtor(s):

Christy Carmen Hammond Represented By Eric C Morris

Movant(s):

Robert Whitmore (TR) Represented By Douglas A Plazak

Trustee(s):

Robert Whitmore (TR) Represented By Douglas A Plazak

2:00 PM

6:13-16964


Narinder Sangha


Chapter 7

Adv#: 6:13-01171 Schrader v. Sangha


#15.00 CONT Motion For Partial Summary Adjudication On Defendant's Affirmative Defenses


From: 9/2/20 Also #16

EH     


Docket 382


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Narinder Sangha Represented By Deepalie M Joshi

Defendant(s):

Narinder Sangha Represented By Deepalie M Joshi Charity J Manee

Movant(s):

Charles Edward Schrader Pro Se

Plaintiff(s):

Charles Edward Schrader Pro Se

Trustee(s):

Karl T Anderson (TR) Pro Se

2:00 PM

6:13-16964


Narinder Sangha


Chapter 7

Adv#: 6:13-01171 Schrader v. Sangha


#16.00 CONT Status Conference RE: [1] Adversary case 6:13-ap-01171. Complaint by Charles Edward Schrader against Narinder Sangha . willful and malicious injury))


From: 4/17/19, 5/22/19, 8/28/19, 11/6/19, 1/29/20, 3/4/20, 4/1/20, 4/22/20,

7/1/20; 9/2/20


Also #15 EH     

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Narinder Sangha Represented By Deepalie M Joshi

Defendant(s):

Narinder Sangha Represented By Deepalie M Joshi Charity J Manee

Plaintiff(s):

Charles Edward Schrader Pro Se

Trustee(s):

Karl T Anderson (TR) Pro Se

11:00 AM

6:17-20114


Frank Garcia and Susan Garcia


Chapter 13


#1.00 Motion to Disallow Claim No. 11 of Merrick Bank Also #2 & #3

EH     


Docket 72

Tentative Ruling:

9/10/2020


BACKGROUND:


On December 8, 2017, Frank Garcia and Susan Garcia ("Debtors") filed a Chapter 13 voluntary petition. On March 6, 2018, Debtors’ Chapter 13 plan was confirmed.


On February 15, 2018, Creditor Merrick Bank ("Creditor") filed a proof of claim for an unsecured claim in the amount of $1,817.74 ("POC #11"). The POC #11 shows that this claim was a credit card debt, and the credit card account was charged off on August 6, 2001. It also indicates that the last transaction date on the account was March 31, 2003.


On August 5, 2020, Debtors filed a motion to disallow this claim ("Motion"). Debtors argue that the claim is unenforceable under California state law because the 4-year statute of limitations have lapsed as of the filing of this bankruptcy case. On August 13, 2020, Creditor withdrew the POC #11.

11:00 AM

CONT...


Frank Garcia and Susan Garcia


Chapter 13

ANALYSIS:


Section 502 of Bankruptcy Code and Section 3007-1 of Local Bankruptcy Rules govern an objection to claim. Pursuant to 11 U.S.C. § 502(a), a proof of claim is deemed allowed unless a party in interest objects. 11 U.S.C. § 502(a). Absent an objection, a proof of claim constitutes prima facie evidence of the validity and amount of the claim under Federal Rule of Bankruptcy Procedure ("FRBP") 3001(f). See Lundell v. Anchor Constr. Specialists, Inc., 223 F.3d 1035, 1039 (9th Cir. 2000).


Section 502(b) provides that if such objection to a claim is made, the court, after notice and a hearing, shall determine the amount of such claim as of the date of the filing of the petition, and shall allow such claim in such amount, except to the extent that such claim is unenforceable against the debtor and property of the debtor under any agreement or applicable law for a reason other than because such claims is contingent or unmatured. 11 U.S.C. § 502(b)(1). When a party files an objection to a proof of claim, that filing "creates a dispute which is a contested matter" within the meaning of FRBP 9014 and the Court must resolve the matter after notice and opportunity for hearing upon a motion for relief. Lundell, 223 F.3d at 1039.


When a creditor has filed a proof of claim that complies with the rules (thereby giving rise to the presumption of validity), the burden shifts to the objecting party who must "present evidence to overcome the prima facie case." In re Medina, 205 B.R. 216, 222 (9th Cir. B.A.P. 1996). To defeat the claim, the objecting party must provide sufficient evidence and "show facts tending to defeat the claim by probative force equal to that of the allegations of the proofs of claim themselves." Lundell, 223 F.3d at 1039 (quoting In re Holm, 931 F.2d 620, 623 (9th Cir. 1991)). "The objector must produce evidence, which, if believed, would refute at least one of the allegations that is essential to the claim’s legal sufficiency." Lundell, 223 F.3d at 1040 (quoting In re Allegheny Int’l, Inc., 954 F.2d 167, 173-74 (3d Cir. 1992)). If the objecting party produces sufficient evidence to negate one or more of the sworn facts in the proof of claim, the burden reverts back to the claimant to prove the validity of the claim by a preponderance of the evidence. See In re Consol. Pioneer Mort, 178 B.R. 222, 226 (9th Cir. BAP 1995), aff’d, 91 F.3d 151 (9th Cir. 1996) (quoting Allegheny Int’l, 954

11:00 AM

CONT...


Frank Garcia and Susan Garcia


Chapter 13

F.2d at 173-74). The ultimate burden of persuasion remains at all times on the claimant. See Lundell, 223 F.3d at 1039; see also Holm, 931 F.2d at 623.


On August 13, 2020, Creditor withdrew the POC #11. The preliminary question here is whether Creditor’s withdrawal of its claim makes Debtors’ Motion moot. FRBP 3006 provides that if an objection is filed to its claim, a creditor may not withdraw the claim except on order of the court after a hearing. Here, Creditor’s withdrawal was filed after Debtors filed their objection to this claim. Pursuant to FRBP 3006 Creditor cannot withdraw its claim without the Court’s approval.


With regard to the merits of the Motion, the Court examines whether Creditor’s claim could be disallowed to the extent that it is unenforceable under the applicable law per section 502(b)(1) of Bankruptcy Code. California Civil Procedures Code section 337 imposes a 4-year statute of limitations on claims arising under a written instrument.

See Cal. Civ. Proc. Code § 337 (West), see also Darling Int'l, Inc. v. Baywood Partners, Inc., No. C-05-3758 EMC, 2005 WL 8162725, at *10 (N.D. Cal. Dec. 21,

2005). Here, Creditor’s claim arising from credit card transactions is governed by section 337. The last transaction date on the credit card account was March 31, 2003. It is more than 4 years (approximately 14 years) before Debtors filed the bankruptcy petition on December 8, 2017. Thus, Creditor’s claim is unenforceable under California state law, and thusly, should be disallowed in its entirety under section 502(b)(1).


TENTATIVE RULING


Because Creditor is barred from enforcing this claim under California Civil Procedures Code section 337, the Court is inclined to GRANT the motion.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

11:00 AM

CONT...

Debtor(s):


Frank Garcia and Susan Garcia


Chapter 13

Frank Garcia Represented By

Paul Y Lee

Joint Debtor(s):

Susan Garcia Represented By

Paul Y Lee

Movant(s):

Frank Garcia Represented By

Paul Y Lee

Susan Garcia Represented By

Paul Y Lee Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:17-20114


Frank Garcia and Susan Garcia


Chapter 13


#2.00 Motion to Disallow Claims No. 12 of LVNV Funding, LLC Also #1 & #3

EH     


Docket 77

Tentative Ruling:

9/10/2020


BACKGROUND:


On December 8, 2017, Frank Garcia and Susan Garcia ("Debtors") filed a Chapter 13 voluntary petition. On March 6, 2018, Debtors’ Chapter 13 plan was confirmed.


On February 15, 2018, Creditor LVNV Funding, LLC ("Creditor") filed a proof of claim for an unsecured claim in the amount of $ 2,842.21 ("POC #12"). The POC #12 shows that this claim was a credit card debt, and the credit card account was charged off on May 25, 2005. It also indicates that the last transaction date on the account was September 6, 2004.


On August 5, 2020, Debtors filed a motion to disallow this claim ("Motion"). Debtors argue that the claim is unenforceable under California state law because the 4-year statute of limitations have lapsed as of the filing of this bankruptcy case. On August 13, 2020, Creditor withdrew the POC #12.

11:00 AM

CONT...


Frank Garcia and Susan Garcia


Chapter 13

ANALYSIS:


Section 502 of Bankruptcy Code and Section 3007-1 of Local Bankruptcy Rules govern an objection to claim. Pursuant to 11 U.S.C. § 502(a), a proof of claim is deemed allowed unless a party in interest objects. 11 U.S.C. § 502(a). Absent an objection, a proof of claim constitutes prima facie evidence of the validity and amount of the claim under Federal Rule of Bankruptcy Procedure ("FRBP") 3001(f). See Lundell v. Anchor Constr. Specialists, Inc., 223 F.3d 1035, 1039 (9th Cir. 2000).


Section 502(b) provides that if such objection to a claim is made, the court, after notice and a hearing, shall determine the amount of such claim as of the date of the filing of the petition, and shall allow such claim in such amount, except to the extent that such claim is unenforceable against the debtor and property of the debtor under any agreement or applicable law for a reason other than because such claims is contingent or unmatured. 11 U.S.C. § 502(b)(1). When a party files an objection to a proof of claim, that filing "creates a dispute which is a contested matter" within the meaning of FRBP 9014 and the Court must resolve the matter after notice and opportunity for hearing upon a motion for relief. Lundell, 223 F.3d at 1039.


When a creditor has filed a proof of claim that complies with the rules (thereby giving rise to the presumption of validity), the burden shifts to the objecting party who must "present evidence to overcome the prima facie case." In re Medina, 205 B.R. 216, 222 (9th Cir. B.A.P. 1996). To defeat the claim, the objecting party must provide sufficient evidence and "show facts tending to defeat the claim by probative force equal to that of the allegations of the proofs of claim themselves." Lundell, 223 F.3d at 1039 (quoting In re Holm, 931 F.2d 620, 623 (9th Cir. 1991)). "The objector must produce evidence, which, if believed, would refute at least one of the allegations that is essential to the claim’s legal sufficiency." Lundell, 223 F.3d at 1040 (quoting In re Allegheny Int’l, Inc., 954 F.2d 167, 173-74 (3d Cir. 1992)). If the objecting party produces sufficient evidence to negate one or more of the sworn facts in the proof of claim, the burden reverts back to the claimant to prove the validity of the claim by a preponderance of the evidence. See In re Consol. Pioneer Mort, 178 B.R. 222, 226 (9th Cir. BAP 1995), aff’d, 91 F.3d 151 (9th Cir. 1996) (quoting Allegheny Int’l, 954

11:00 AM

CONT...


Frank Garcia and Susan Garcia


Chapter 13

F.2d at 173-74). The ultimate burden of persuasion remains at all times on the claimant. See Lundell, 223 F.3d at 1039; see also Holm, 931 F.2d at 623.


On August 13, 2020, Creditor withdrew the POC #12. The preliminary question here is whether Creditor’s withdrawal of its claim makes Debtors’ Motion moot. FRBP 3006 provides that if an objection is filed to its claim, a creditor may not withdraw the claim except on order of the court after a hearing. Here, Creditor’s withdrawal was filed after Debtors filed their objection to this claim. Pursuant to FRBP 3006 Creditor cannot withdraw its claim without the Court’s approval.


With regard to the merits of the Motion, the Court examines whether Creditor’s claim could be disallowed to the extent that it is unenforceable under the applicable law per section 502(b)(1) of Bankruptcy Code. California Civil Procedures Code section 337 imposes a 4-year statute of limitations on claims arising under a written instrument.

See Cal. Civ. Proc. Code § 337 (West), see also Darling Int'l, Inc. v. Baywood Partners, Inc., No. C-05-3758 EMC, 2005 WL 8162725, at *10 (N.D. Cal. Dec. 21,

2005). Here, Creditor’s claim arising from credit card transactions is governed by section 337. The last transaction date on the credit card account was September 6, 2004. It is more than 4 years (approximately 13 years) before Debtors filed the bankruptcy petition on December 8, 2017. Thus, Creditor’s claim is unenforceable under California state law, and thusly, should be disallowed in this entirety under section 502(b)(1).


TENTATIVE RULING


Because Creditor is barred from enforcing this claim under California Civil Procedures Code section 337, the Court is inclined to GRANT the motion.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

11:00 AM

CONT...

Debtor(s):


Frank Garcia and Susan Garcia


Chapter 13

Frank Garcia Represented By

Paul Y Lee

Joint Debtor(s):

Susan Garcia Represented By

Paul Y Lee

Movant(s):

Frank Garcia Represented By

Paul Y Lee

Susan Garcia Represented By

Paul Y Lee Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:17-20114


Frank Garcia and Susan Garcia


Chapter 13


#3.00 Motion to Disallow Claims No. 13 of Pinnacle Credit Services LLC Also #1 & #2

EH     


Docket 78

Tentative Ruling:

9/10/2020


BACKGROUND:


On December 8, 2017, Frank Garcia and Susan Garcia ("Debtors") filed a Chapter 13 voluntary petition. On March 6, 2018, Debtors’ Chapter 13 plan was confirmed.


On February 15, 2018, Creditor Pinnacle Credit Services, LLC ("Creditor") filed a proof of claim for an unsecured claim in the amount of $ 11,839.40 ("POC #13"). The POC #13 shows that this claim was a credit card debt, and the credit card account was charged off on April 1, 2005. It also indicates that the last transaction date on the account was August 30, 2004.


On August 5, 2020, Debtors filed a motion to disallow this claim ("Motion"). Debtors argue that the claim is unenforceable under California state law because the 4-year statute of limitations have lapsed as of the filing of this bankruptcy case. On August 13, 2020, Creditor withdrew the POC #13.

11:00 AM

CONT...


Frank Garcia and Susan Garcia


Chapter 13

ANALYSIS:


Section 502 of Bankruptcy Code and Section 3007-1 of Local Bankruptcy Rules govern an objection to claim. Pursuant to 11 U.S.C. § 502(a), a proof of claim is deemed allowed unless a party in interest objects. 11 U.S.C. § 502(a). Absent an objection, a proof of claim constitutes prima facie evidence of the validity and amount of the claim under Federal Rule of Bankruptcy Procedure ("FRBP") 3001(f). See Lundell v. Anchor Constr. Specialists, Inc., 223 F.3d 1035, 1039 (9th Cir. 2000).


Section 502(b) provides that if such objection to a claim is made, the court, after notice and a hearing, shall determine the amount of such claim as of the date of the filing of the petition, and shall allow such claim in such amount, except to the extent that such claim is unenforceable against the debtor and property of the debtor under any agreement or applicable law for a reason other than because such claims is contingent or unmatured. 11 U.S.C. § 502(b)(1). When a party files an objection to a proof of claim, that filing "creates a dispute which is a contested matter" within the meaning of FRBP 9014 and the Court must resolve the matter after notice and opportunity for hearing upon a motion for relief. Lundell, 223 F.3d at 1039.


When a creditor has filed a proof of claim that complies with the rules (thereby giving rise to the presumption of validity), the burden shifts to the objecting party who must "present evidence to overcome the prima facie case." In re Medina, 205 B.R. 216, 222 (9th Cir. B.A.P. 1996). To defeat the claim, the objecting party must provide sufficient evidence and "show facts tending to defeat the claim by probative force equal to that of the allegations of the proofs of claim themselves." Lundell, 223 F.3d at 1039 (quoting In re Holm, 931 F.2d 620, 623 (9th Cir. 1991)). "The objector must produce evidence, which, if believed, would refute at least one of the allegations that is essential to the claim’s legal sufficiency." Lundell, 223 F.3d at 1040 (quoting In re Allegheny Int’l, Inc., 954 F.2d 167, 173-74 (3d Cir. 1992)). If the objecting party produces sufficient evidence to negate one or more of the sworn facts in the proof of claim, the burden reverts back to the claimant to prove the validity of the claim by a preponderance of the evidence. See In re Consol. Pioneer Mort, 178 B.R. 222, 226 (9th Cir. BAP 1995), aff’d, 91 F.3d 151 (9th Cir. 1996) (quoting Allegheny Int’l, 954

11:00 AM

CONT...


Frank Garcia and Susan Garcia


Chapter 13

F.2d at 173-74). The ultimate burden of persuasion remains at all times on the claimant. See Lundell, 223 F.3d at 1039; see also Holm, 931 F.2d at 623.


On August 13, 2020, Creditor withdrew the POC #13. The preliminary question here is whether Creditor’s withdrawal of its claim makes Debtors’ Motion moot. FRBP 3006 provides that if an objection is filed to its claim, a creditor may not withdraw the claim except on order of the court after a hearing. Here, Creditor’s withdrawal was filed after Debtors filed their objection to this claim. Pursuant to FRBP 3006 Creditor cannot withdraw its claim without the Court’s approval.


With regard to the merits of the Motion, the Court examines whether Creditor’s claim could be disallowed to the extent that it is unenforceable under the applicable law per section 502(b)(1) of Bankruptcy Code. California Civil Procedures Code section 337 imposes a 4-year statute of limitations on claims arising under a written instrument.

See Cal. Civ. Proc. Code § 337 (West), see also Darling Int'l, Inc. v. Baywood Partners, Inc., No. C-05-3758 EMC, 2005 WL 8162725, at *10 (N.D. Cal. Dec. 21,

2005). Here, Creditor’s claim arising from credit card transactions is governed by section 337. The last transaction date on the credit card account was August 30, 2004. It is more than 4 years (approximately 13 years) before Debtors filed the bankruptcy petition on December 8, 2017. Thus, Creditor’s claim is unenforceable under California state law, and thusly, should be disallowed in its entirety under section 502(b)(1).


TENTATIVE RULING


Because Creditor is barred from enforcing this claim under California Civil Procedures Code section 337, the Court is inclined to GRANT the motion.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

11:00 AM

CONT...

Debtor(s):


Frank Garcia and Susan Garcia


Chapter 13

Frank Garcia Represented By

Paul Y Lee

Joint Debtor(s):

Susan Garcia Represented By

Paul Y Lee

Movant(s):

Frank Garcia Represented By

Paul Y Lee

Susan Garcia Represented By

Paul Y Lee Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-16586


Miguel Perez


Chapter 13


#4.00 OSC re United States Trustee's Notice Of Motion and Motion For An Order To Show Cause Why Peter L. Nisson Should Not Be Adjudicated To Be In Contempt Of A Prior Court Order And/Or Ordered To Disgorge Compensation And Pay Attorney's Fees


EH     


Docket 36


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Miguel Perez Represented By

Peter L Nisson - SUSPENDED BK -

Movant(s):

United States Trustee (RS) Represented By

Abram Feuerstein esq

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-12264


Maria Toscano Lawes


Chapter 13


#5.00 Motion to vacate dismissal and Reinstate Chapter 13 Case EH     

Docket 54


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Maria Toscano Lawes Represented By William J Smyth

Movant(s):

Maria Toscano Lawes Represented By William J Smyth

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-13622


Michiko Turner


Chapter 13


#6.00 CONT Confirmation of Chapter 13 Plan From: 8/27/20

EH      


Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Michiko Turner Represented By Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-13976


Cynthia Miller


Chapter 13


#7.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Cynthia Miller Represented By Richard L Barrett

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-13988


Steve Anthony Cwynar


Chapter 13


#8.00 Confirmation of Chapter 13 Plan EH      

Docket 0

*** VACATED *** REASON: CASE DISMISSED 7/2/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Steve Anthony Cwynar Represented By Julie J Villalobos

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-14019


Michelee Elyse Smyth-Tynes


Chapter 13


#9.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Michelee Elyse Smyth-Tynes Represented By

M. Wayne Tucker

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-14076


Shirley Henrietta Harris


Chapter 13


#10.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Shirley Henrietta Harris Represented By

Ethan Kiwhan Chin

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-14077


Michelle Marie Reese and Cara Louise Reese


Chapter 13


#11.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Michelle Marie Reese Represented By

Ethan Kiwhan Chin

Joint Debtor(s):

Cara Louise Reese Represented By

Ethan Kiwhan Chin

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-14086


Randy Reyes and Kate Reyes


Chapter 13


#12.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Randy Reyes Represented By

J. Luke Hendrix

Joint Debtor(s):

Kate Reyes Represented By

J. Luke Hendrix

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-14161


David A. Julian


Chapter 13


#13.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

David A. Julian Represented By Julie J Villalobos

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-14194


Juan Martinez


Chapter 13


#14.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Juan Martinez Represented By Rebecca Tomilowitz

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-14208


Monica Irene Allain


Chapter 13


#15.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Monica Irene Allain Represented By Edgar P Lombera

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-14215


Silvestre Barajas


Chapter 13


#16.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Silvestre Barajas Represented By

Rabin J Pournazarian

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-14252


John Anthony Percell


Chapter 13


#17.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

John Anthony Percell Represented By Andrew Nguyen

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:18-20008


Catalina J Alvarez


Chapter 13


#18.00 CONT Trustee's Motion to Dismiss Case From: 8/20/20

EH        


Docket 60


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Catalina J Alvarez Represented By Julie J Villalobos

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-11410


Rogelio Preciado


Chapter 13


#19.00 CONT Trustee's Motion to Dismiss Case From: 8/20/20

EH         


Docket 30


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Rogelio Preciado Represented By James G. Beirne

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-17725


Michelle R. Rayner


Chapter 13


#20.00 CONT Trustee's Motion to Dismiss Case From: 8/20/20

EH         


Docket 40


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Michelle R. Rayner Represented By Terrence Fantauzzi

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-20007


Chris Dennis and Ami Dennis


Chapter 13


#21.00 Trustee's Motion to Dismiss Case EH     

Docket 56


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Chris Dennis Represented By

Christopher Hewitt

Joint Debtor(s):

Ami Dennis Represented By

Christopher Hewitt

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:20-10899


Elizabeth T Baker


Chapter 13


#22.00 CONT Trustee's Motion to Dismiss Case From: 8/20/20

EH        


Docket 35

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

9/9/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Elizabeth T Baker Represented By Nancy Korompis

Trustee(s):

Rod Danielson (TR) Pro Se

9:30 AM

6:18-16831


Young Jin Yoon


Chapter 7

Adv#: 6:18-01210 Kim v. Yoon et al


#1.00 CONT Trial Re: [1] Adversary case 6:18-ap-01210. Complaint by Vivian Kim against Young Jin Yoon, Hyunmyung Park, Joshua Park. false pretenses, false representation, actual fraud, 72 - Injunctive relief - other, 13 - Recovery of money/property - 548 fraudulent transfer, 68 - Dischargeability - 523(a)(6), willful and malicious injury


From: 12/12/18, 1/9/19, 7/31/19, 10/16/19, 3/11/20, 7/15/20


EH     


Docket 1

*** VACATED *** REASON: STATUS CONFERENCE SET 11/18/20 AT 2:00 P.M.

Party Information

Debtor(s):

Young Jin Yoon Represented By Ji Yoon Kim

Defendant(s):

Young Jin Yoon Represented By Ji Yoon Kim

Hyun Myung Park Represented By Ji Yoon Kim

Joshua Park Represented By

Ji Yoon Kim

Plaintiff(s):

Vivian Kim Represented By

Jiyoung Kym

Trustee(s):

Robert Whitmore (TR) Pro Se

9:30 AM

CONT...


Young Jin Yoon


Chapter 7

9:30 AM

6:18-16831


Young Jin Yoon


Chapter 7

Adv#: 6:18-01210 Kim v. Yoon et al


#1.00 CONT Trial Re: [1] Adversary case 6:18-ap-01210. Complaint by Vivian Kim against Young Jin Yoon, Hyunmyung Park, Joshua Park. false pretenses, false representation, actual fraud, 72 - Injunctive relief - other, 13 - Recovery of money/property - 548 fraudulent transfer, 68 - Dischargeability - 523(a)(6), willful and malicious injury


From: 12/12/18, 1/9/19, 7/31/19, 10/16/19, 3/11/20, 7/15/20, 9/14/20


EH     


Docket 1

*** VACATED *** REASON: STATUS CONFERENCE SET 11/18/20 AT 2:00 P.M.

Party Information

Debtor(s):

Young Jin Yoon Represented By Ji Yoon Kim

Defendant(s):

Young Jin Yoon Represented By Ji Yoon Kim

Hyun Myung Park Represented By Ji Yoon Kim

Joshua Park Represented By

Ji Yoon Kim

Plaintiff(s):

Vivian Kim Represented By

Jiyoung Kym

Trustee(s):

Robert Whitmore (TR) Pro Se

9:30 AM

CONT...


Young Jin Yoon


Chapter 7

9:30 AM

6:18-16831


Young Jin Yoon


Chapter 7

Adv#: 6:18-01210 Kim v. Yoon et al


#1.00 CONT Trial Re: [1] Adversary case 6:18-ap-01210. Complaint by Vivian Kim against Young Jin Yoon, Hyunmyung Park, Joshua Park. false pretenses, false representation, actual fraud, 72 - Injunctive relief - other, 13 - Recovery of money/property - 548 fraudulent transfer, 68 - Dischargeability - 523(a)(6), willful and malicious injury


From: 12/12/18, 1/9/19, 7/31/19, 10/16/19, 3/11/20, 7/15/20, 9/14/20, 9/15/20


EH     


Docket 1

*** VACATED *** REASON: STATUS CONFERENCE SET 11/18/20 AT 2:00 P.M.

Party Information

Debtor(s):

Young Jin Yoon Represented By Ji Yoon Kim

Defendant(s):

Young Jin Yoon Represented By Ji Yoon Kim

Hyun Myung Park Represented By Ji Yoon Kim

Joshua Park Represented By

Ji Yoon Kim

Plaintiff(s):

Vivian Kim Represented By

Jiyoung Kym

Trustee(s):

Robert Whitmore (TR) Pro Se

9:30 AM

CONT...


Young Jin Yoon


Chapter 7

12:00 PM

6:20-13525


Dimlux, LLC


Chapter 11


#2.00 Trustee's Motion to Dismiss Case or Convert Bankruptcy Case Also #3

EH     


Docket 55


Debtor(s):

*** VACATED *** REASON: Cont. to 9/17/20 @ 12:00 p.m. by order signed on 9/14/20 (doc. 62) - jc

Party Information

Dimlux, LLC Represented By

Donald Beury

Movant(s):

United States Trustee (RS) Represented By Everett L Green

Abram Feuerstein esq Cameron C Ridley

12:00 PM

6:20-13525


Dimlux, LLC


Chapter 11


#3.00 CONT Order (1) Setting Scheduling Hearing And Case Management Conference And (2) Requiring Status Report


From: 7/28/20, 8/18/20 Also #2

EH     


Docket 29


Debtor(s):

*** VACATED *** REASON: Cont. to 9/17/20 @ 12:00 p.m. by order signed on 9/14/20 (doc. 62) - jc

Party Information

Dimlux, LLC Represented By

Donald Beury

11:00 AM

6:16-18182


Douglas Edward Goodman and Anne Louise Goodman


Chapter 13


#1.00 Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to modify plan or suspend plan payments


Also #2 EH     

Docket 142


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Douglas Edward Goodman Represented By Edward T Weber

Joint Debtor(s):

Anne Louise Goodman Represented By Edward T Weber

Movant(s):

Douglas Edward Goodman Represented By Edward T Weber

Anne Louise Goodman Represented By Edward T Weber

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:16-18182


Douglas Edward Goodman and Anne Louise Goodman


Chapter 13


#2.00 CONT Trustee's Motion to Dismiss Case From: 8/20/20

Also #1 EH     

Docket 134


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Douglas Edward Goodman Represented By Edward T Weber

Joint Debtor(s):

Anne Louise Goodman Represented By Edward T Weber

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:17-11131


Bruce Howard Ruggles and Ann Marie Ruggles


Chapter 13


#3.00 Motion to vacate dismissal EH     

Docket 185

Tentative Ruling:

9/17/2020

BACKGROUND


On February 14, 2017, Bruce & Ann Ruggles ("Debtors") filed a Chapter 13 voluntary petition. On April 6, 2017, Debtors’ Chapter 13 plan was confirmed, although a second confirmation order was entered on April 18, 2017. The plan was subsequently modified twice.


On July 15, 2020, Trustee filed a motion to dismiss for failure to submit tax returns and turn over tax refunds. On August 11, 2020, Debtors filed a late opposition stating that they submitted their tax returns on August 6, 2020. Regarding Debtors’ tax refunds, the opposition is less than clear, stating: "Debtor received $1375.00 refund from California and forwarded to triustee received by trustee on August 7, 2020. $958 refund from federal taxes. Per correspondence from trustee trustee is willing to stipulate that debtor keep refund and increase Plan payment accordingly. Debtor requests that he keep refunds and increase Plan payment." On August 24, 2020, the Court held a hearing on the motion to dismiss. No appearance was made on behalf of Debtors, and the Court dismissed the case.


On September 1, 2020, Debtor filed a motion to vacate dismissal arguing that the case was dismissed due to the excusable neglect of Debtors’s counsel, John Brady, who miscalendared the hearing date. The Court notes that John Brady missed all four of his

11:00 AM

CONT...


Bruce Howard Ruggles and Ann Marie Ruggles


Chapter 13

hearings that were scheduled that day. On September 2, 2020, Trustee filed comments indicating approval of the relief requested, conditioned on Debtors paying $6,460, representing two delinquent plan payments and the remainder of the 2019 tax refunds.


DISCUSSION



Debtor relies on FED. R. CIV. P. Rule 60(b)(1), incorporated into bankruptcy proceedings by FED. R. BANKR. P. Rule 9024, which allows for relief from an order based on "mistake, inadvertence, surprise, or excusable neglect."


Debtors argue that the case was dismissed due to excusable neglect of their counsel, John Brady. It is well established that "an attorney’s ignorance and carelessness does not provide grounds for Rule 60(b) relief." In re Mercado, 144 B.R. 879, 886 (Bankr.

C.D. Cal. 1992) (citing Bershad v. McDonough, 469 F.2d 1333, 1337 (7th Cir. 1972). And the mere assertion that counsel did not fulfill its duties, but that such carelessness was inadvertent, is clearly inadequate to support Rule 60(b) relief. See, e.g., In re ACME Motors, Inc., 125 B.R. 702, 703 (Bankr. D.R.I. 1991).


"Rule 60(b) relief is extraordinary." Id. Yet, in this court, a request for relief from a Chapter 13 dismissal order has become semi-ordinary. On occasion, the requests are legally sound. Here, however, the evidence provided simply indicates that Debtors’ counsel did not attend the hearing despite receiving, and drafting, numerous pleadings related to the Court’s annual calendar for motions to dismiss for failure to submit tax returns/refunds.


The Seventh Circuit has stated that:


  1. he clients are principals, the attorney is an agent, and under the law of agency the principal is bound by his chosen agent’s deeds. The rule is that all of the attorney’s misconduct (except in the cases where the act is outside the

11:00 AM

CONT... Bruce Howard Ruggles and Ann Marie Ruggles Chapter 13

scope of employment or in cases of excusable neglect) becomes the problem

of the client. A lawyer who inexcusably neglects his client’s obligations does not present exceptional circumstances.


Bakery Mach. & Fabrication, Inc. v. Traditional Baking, Inc., 570 F.3d 845, 848 (7th Cir. 2009). "Although attorney carelessness can [in certain circumstances] constitute ‘excusable neglect’ under Rule 60(b)(1), attorney inattentiveness to litigation is not excusable, no matter what the resulting consequences the attorney’s somnolent behavior may have on a litigant." Easley v. Kirmsee, 382 F.3d 693, 698 (7th Cir. 2004) (collecting cases).


TENTATIVE RULING



The Court is inclined to GRANT the motion conditioned on compliance with the Trustee’s conditions. John Brady to inform the Court whether he intends to seek to vacate dismissal of the other Chapter 13 cases which were dismissed due to his non- appearance at the hearings of August 24, 2020.


APPEARANCES REQUIRED.

Party Information

Debtor(s):

Bruce Howard Ruggles Represented By John F Brady

Joint Debtor(s):

Ann Marie Ruggles Represented By John F Brady

Movant(s):

Bruce Howard Ruggles Represented By John F Brady

11:00 AM

CONT...


Bruce Howard Ruggles and Ann Marie Ruggles


Chapter 13

Ann Marie Ruggles Represented By John F Brady

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-15963


Ramon H. Ventura, Jr. and Clementine Ventura


Chapter 13


#4.00 Motion RE: Objection to Claim Number 18 by Claimant Daimler Trust EH        

Docket 66

Tentative Ruling:

9/17/2020

BACKGROUND:


On July 8, 2019, Ramon & Clementine Ventura ("Debtors") filed a Chapter 13 voluntary petition. On September 16, 2019, Daimler Trust ("Creditor") filed an objection to confirmation. On October 25, 2019, Debtor’s Chapter 13 plan was confirmed.


On November 4, 2019, Creditor filed a motion for relief from the automatic stay. On December 5, 2019, the Court granted the motion.


On July 17, 2020, Creditor filed a proof of claim for an unsecured claim in the amount of $8,073.36 ("Claim 18"). On July 28, 2020, Debtor filed an objection to Claim 18.

Debtor argues that Claim 18 was filed late because the deadline for filing claims was September 16, 2019.


APPLICABLE LAW:

11:00 AM

CONT...


Ramon H. Ventura, Jr. and Clementine Ventura


Chapter 13


Pursuant to 11 U.S.C. § 502(a), a proof of claim is deemed allowed unless a party in interest objects. Absent an objection, a proof of claim constitutes prima facie evidence of the validity and amount of the claim under Federal Rule of Bankruptcy Procedure ("FRBP") 3001(f). See Lundell v. Anchor Constr. Specialists, Inc., 223 F.3d 1035, 1039 (9th Cir. 2000). When a party files an objection to a proof of claim, that filing "creates a dispute which is a contested matter" within the meaning of FRBP 9014 and the Court must resolve the matter after notice and opportunity for hearing upon a motion for relief. Id.


When a creditor has filed a proof of claim that complies with the rules (thereby giving rise to the presumption of validity), the burden shifts to the objecting party who must "present evidence to overcome the prima facie case." In re Medina, 205 B.R. 216, 222 (9th Cir. B.A.P. 1996). To defeat the claim, the objecting party must provide sufficient evidence and "show facts tending to defeat the claim by probative force equal to that of the allegations of the proofs of claim themselves." Lundell, 223 F.3d at 1039 (quoting In re Holm, 931 F.2d 620, 623 (9th Cir. 1991)). "The objector must produce evidence, which, if believed, would refute at least one of the allegations that is essential to the claim’s legal sufficiency." Lundell, 223 F.3d at 1040 (quoting In re Allegheny Int’l, Inc., 954 F.2d 167, 173-74 (3d Cir. 1992)). If the objecting party produces sufficient evidence to negate one or more of the sworn facts in the proof of claim, the burden reverts back to the claimant to prove the validity of the claim by a preponderance of the evidence. See In re Consol. Pioneer Mort, 178 B.R. 222, 226 (9th Cir. BAP 1995), aff’d, 91 F.3d 151 (9th Cir. 1996) (quoting Allegheny Int’l, 954 F.2d at 173-74). The ultimate burden of persuasion remains at all times on the claimant. See Lundell, 223 F.3d at 1039; see also Holm, 931 F.2d at 623.


ANALYSIS:

11:00 AM

CONT...


Ramon H. Ventura, Jr. and Clementine Ventura


Chapter 13

11 U.S.C. § 502(b)(9) provides:


(b) Except as provided in subsections (e)(2), (f), (g), (h) and (i) of this section, if such objection to a claim is made, the court, after notice and a hearing, shall determine the amount of such claim in lawful currency of the United States as of the date of the filing of the petition, and shall allow such claim in such amount, except to the extent that –


(9) proof of such claim is not timely filed, except to the extent tardily filed as permitted under paragraph (1), (2), or (3) of section 726(a) of this title or under the Federal Rules of Bankruptcy Procedure, except that a claim of a governmental unit shall be timely filed if it is filed before 180 days after the date of the order for relief or such later time as the Federal Rules of Bankruptcy Procedure may provide, and except that in a case under chapter 13, a claim of a governmental unit for a tax with respect to a return filed under section 1308 shall be timely if the claim is filed on or before the date that is 60 days after the date on which such return was filed as required.


FED. R. BANKRP. P. Rule 3002(c) provides that the deadline for filing claims in a Chapter 13 case is 70 days after the order for relief; in this case that date was September 16, 2019. None of the exceptions in 11 U.S.C. § 502(b)(9) or Rule 3002(c) being applicable to this case, Claim 10 was filed late.


Furthermore, "the Ninth Circuit has repeatedly held that the deadline to file a proof of claim in a Chapter 13 proceeding is ‘rigid,’ and the bankruptcy court lacks equitable power to extent this deadline after the fact." In re Barker, 839 F.3d 1189, 1197 (9th Cir. 2016). "By virtue of Rule 9006(b)(3), a bankruptcy court does not have discretion

11:00 AM

CONT...


Ramon H. Ventura, Jr. and Clementine Ventura


Chapter 13

to enlarge the time periods fixed by Rule 3002(c) nor permit an untimely claim when none of Rule 3002(c)’s five exceptions is applicable." In re Hayes, 327 B.R. 453, 458 (Bankr. C.D. Cal. 2005) (footnote omitted); see also In re Edelman, 237 B.R. 146, 152 (B.A.P. 9th Cir. 1999).


Finally, the Court notes that service was proper and no opposition was filed, which the Court deems consent to the relief requested pursuant to Local Rule 9013-1(h).


TENTATIVE RULING


The Court is inclined to SUSTAIN the objection and DISALLOW Claim 18.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

Debtor(s):

Ramon H. Ventura Jr. Represented By Gregory Ashcraft

Joint Debtor(s):

Clementine Ventura Represented By Gregory Ashcraft

Movant(s):

Ramon H. Ventura Jr. Represented By Gregory Ashcraft

Clementine Ventura Represented By Gregory Ashcraft Gregory Ashcraft Gregory Ashcraft

11:00 AM

CONT...

Trustee(s):


Ramon H. Ventura, Jr. and Clementine Ventura


Chapter 13

Rod Danielson (TR) Pro Se

11:00 AM

6:20-14903


Manuel Monroy


Chapter 13


#5.00 Motion to Avoid JUNIOR LIEN with Fay Servicing, LLC EH     

Docket 19


Tentative Ruling:

9/17/2020


Service: Proper Opposition: None


The Court having reviewed the motion, notice appearing proper and no opposition having been filed, and Debtor having submitted adequate evidence establishing that there is no equity for the junior deed of trust to attach to, the Court is inclined to GRANT the motion. Any claim of Fay Servicing is to be treated as an unsecured claim for purposes to the Chapter 13 plan, and the lien of Fay Servicing is to be avoided upon receipt of a Chapter 13 discharge.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

Debtor(s):

Manuel Monroy Represented By

George C Panagiotou

Movant(s):

Manuel Monroy Represented By

George C Panagiotou George C Panagiotou

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-15848


Nicholas Head


Chapter 13


#6.00 Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate 13038 Cuyamaca, DHS, CA 92240


MOVANT: NICHOLAS HEAD


EH     


Docket 13


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Nicholas Head Represented By Christopher Hewitt

Movant(s):

Nicholas Head Represented By Christopher Hewitt

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-14215


Silvestre Barajas


Chapter 13


#7.00 CONT Motion to Avoid Junior Lien with Specialized Loan Servicing, LLC From: 8/27/20

Also #8 EH     

Docket 17


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Silvestre Barajas Represented By

Rabin J Pournazarian

Movant(s):

Silvestre Barajas Represented By

Rabin J Pournazarian

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-14215


Silvestre Barajas


Chapter 13


#8.00 CONT Confirmation of Chapter 13 Plan From: 9/10/20

Also #7 EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Silvestre Barajas Represented By

Rabin J Pournazarian

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-14393


Ted Pattison


Chapter 13


#9.00 Confirmation of Chapter 13 Plan EH      

Docket 0

*** VACATED *** REASON: CASE DISMISSED 8/3/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ted Pattison Represented By

Edgar P Lombera

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-14395


Cynthia Lou Pate


Chapter 13


#10.00 Confirmation of Chapter 13 Plan EH      

Docket 0

*** VACATED *** REASON: CASE DISMISSED 7/14/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Cynthia Lou Pate Pro Se

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-14397


Sharon Rice


Chapter 13


#11.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Sharon Rice Represented By

Julie J Villalobos

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-14454


Sylvia Estrada


Chapter 13


#12.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Sylvia Estrada Represented By Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-14512


Michelle Giralao


Chapter 13


#13.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Michelle Giralao Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-14516


Iliana Beltran-Luna


Chapter 13


#14.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Iliana Beltran-Luna Represented By Chris T Nguyen

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-14521


Gloria Nadine Lee and Rodney Duane Lee


Chapter 13


#15.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Gloria Nadine Lee Represented By

Ramiro Flores Munoz

Joint Debtor(s):

Rodney Duane Lee Represented By

Ramiro Flores Munoz

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-14541


Ramon Delgado, Jr. and Maribel Delgado


Chapter 13


#16.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Ramon Delgado Jr. Represented By

George C Panagiotou

Joint Debtor(s):

Maribel Delgado Represented By

George C Panagiotou

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-14546


Eric Pieters Markel


Chapter 13


#17.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Eric Pieters Markel Represented By Sara E Razavi

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-14560


Douglas Allen Dewell


Chapter 13


#18.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Douglas Allen Dewell Represented By Michael T Reid

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-14580


Tanya S. Hernandez


Chapter 13


#19.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Tanya S. Hernandez Represented By Michael Smith

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-14586


Francisco Javier Escareno


Chapter 13


#20.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Francisco Javier Escareno Represented By Brian J Soo-Hoo

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-14605


Jose Guillermo Sanchez Paz


Chapter 13


#21.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jose Guillermo Sanchez Paz Represented By Summer M Shaw

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-14361


Jennifer Lopez


Chapter 13


#22.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jennifer Lopez Represented By Andrew Nguyen

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-14362


Leandro Nazareno, Jr and Glaisa Nazareno


Chapter 13


#23.00 Confirmation of Chapter 13 Plan EH      

Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Leandro Nazareno Jr Represented By Andrew Nguyen

Joint Debtor(s):

Glaisa Nazareno Represented By Andrew Nguyen

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-18003


Ruben Macias and Carmen Macias


Chapter 13


#24.00 Trustee's Motion to Dismiss Case EH     

Docket 64


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Ruben Macias Represented By Dana Travis

Joint Debtor(s):

Carmen Macias Represented By Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-20173


Roshanda Jeannen Dodds


Chapter 13


#25.00 CONT Trustee's Motion to Dismiss Case From: 8/20/20

EH        


Docket 53


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Roshanda Jeannen Dodds Represented By Nicholas M Wajda

Trustee(s):

Rod Danielson (TR) Pro Se

12:00 PM

6:20-13525


Dimlux, LLC


Chapter 11


#26.00 Trustee's Motion to Dismiss Case or Convert Bankruptcy Case Also #3

From 9/16/20 EH     

Docket 55

Tentative Ruling:

9/16/2020

BACKGROUND

On May 19, 2020, Dimlux, LLC ("Debtor") filed a Chapter 11 voluntary petition. The Debtor is a real estate holding company acquiring and managing real estate. Currently, the Debtor is not operating and does not produce income. The Debtor’s real estate assets include two parcels of vacant land and a single-family residence located at 4880 Winnetka Ave, Woodland Hills, CA 91364 ("Winnetka Property"). The Debtor’s non- real estate assets include interests in a restaurant and deeds of trust in properties subject to foreclosure proceedings. None of these assets generate income. In addition, the Debtor holds two litigation claims with a potential recovery of $ 292,000.

On July 28, 2020, the UST filed a notice of Debtor’s delinquency and failure to comply with the reporting requirements pursuant to 11 U.S.C. § 1112 and Local Bankruptcy Rule 2015-2. In the notice, the UST pointed out that the Debtor failed to file any monthly operating reports; the Debtor’s counsel had not sought the Court approval of its employment as of July 28, 2020; and the Debtor failed to provide proof that it recorded the bankruptcy petition in San Bernardino, Riverside, and Los Angeles Counties. See Docket #39. The notice further required the Debtor to correct these

12:00 PM

CONT...

Dimlux, LLC

Chapter 11

deficiencies by August 10, 2020. Otherwise, the UST would file a motion to convert or dismiss this case. It seems that the Debtor failed to correct the deficiencies by August 10, 2020.


On August 25, 2020, the UST filed a motion to dismiss the case or convert the case to Chapter 7. Up to date, there is no opposition filed.


DISCUSSION



11 U.S.C. § 1112(b)(1) states:


Except as provided in paragraph (2) and subsection (c), on request of a party in interest, and after notice and a hearing, the court shall convert a case under this chapter to a case under chapter 7 or dismiss a case under this chapter, whichever is in the best interests of creditors and the estate, for cause unless the court determines that the appointment under section 1104(a) of a trustee or an examiner is in the best interests of creditors and the estate.


Dismissal of a chapter 11 case under 11 U.S.C. § 1112(b) requires a two-step analysis. "First, it must be determined that there is ‘cause’ to act. Second, once a determination of ‘cause’ has been made, a choice must be made between conversion and dismissal based on the ‘best interests of the creditors and the estate.’" Nelson v. Meyer (In re Nelson), 343 B.R. 671, 675 (9th Cir. BAP 2006) (quoting Ho v. Dowell (In re Ho), 274 B.R. 867, 877 (9th Cir. BAP 2002)).


  1. Causes Exist to Convert or Dismiss the Case


    11 U.S.C. § 1112(b)(4) provides an enumerated list of actions that give cause. The

    12:00 PM

    CONT...


    Dimlux, LLC


    Chapter 11

    relevant enumerated factors are (1) "substantial or continuing loss to or diminution of estate and absence of reasonable likelihood of reorganization"; 11 U.S.C. § 1112(b)(4) (A); and (2) an "unexcused failure to satisfy timely any filing or reporting requirement established by this title or by a rule applicable to a case under this chapter." 11 U.S.C.

    § 1112(b)(4)(F).


    Here, the Debtor failed to file monthly operating reports or the delinquent reports to the UST office. It also failed to file accurate schedules. For instance, the schedules did not disclose a revenue sharing agreement signed in 2019, the Debtor’s interests in a restaurant called Mr. Kebab located in Burbank, or its secured debt relating to the vacant land.


    Further, the Debtor concedes that it is not presently earning income and unable to pay its secured creditors. Moreover, the Debtor has not provided evidence that it will produce a revenue stream in the near future. The Debtor hopes to reorganize by soliciting financing from insiders and investors and expanding into industrial hemp cultivation. However, the Debtor lacks expertise in this venture and the profit margins are uncertain. Up to date, the financing has not yet materialized, and a creditor obtained stay relief to foreclose on the property related to hemp farming.


    In summary, the Debtor has failed to comply with its obligations prescribed in § 1112(b)(4) and has not provided evidence to demonstrate reasonable likelihood of reorganization. Therefore, the Court finds causes exist to convert or dismiss the case.


  2. Converting the Case to Chapter 7 Is in the Best Interests of Creditors


    Once a bankruptcy court determines that there is cause to convert or dismiss, it must decide (1) whether dismissal, conversion, or the appointment of a trustee or examiner is in the best interests of creditors and the estate; and (2) whether there are unusual circumstances that establish that dismissal or conversion is not in the best interests of creditors and the estate. See Shulkin Hutton, Inc., P.S. v. Treiger (In re Owens), 552

    12:00 PM

    CONT...


    Dimlux, LLC


    Chapter 11

    F.3d 958, 961 (9th Cir.2009).


    The Debtor’s bankruptcy estate holds some assets including the real properties, its interests in a restaurant, and the litigation claims. The UST contends that converting the case to Chapter 7 may allow a Chapter 7 trustee to evaluate the value of these assets and determine whether liquidation of the Debtor’s assets will benefit creditors. Considering that the Debtor failed to demonstrate that any unusual circumstances exist in this case, the Court finds the UST’s argument is persuasive and concludes that converting the case to Chapter 7 is in the best interest of creditors.


    TENTATIVE RULING



    Given that the Debtor failed to file required documents (e.g. monthly operating reports) and to provide evidence to demonstrate reasonable likelihood to reorganize, the Court is inclined to GRANT the motion and convert the case to Chapter 7 pursuant to § 1112(b).


    APPEARANCES REQUIRED.


    Party Information

    Debtor(s):

    Dimlux, LLC Represented By

    Donald Beury

    Movant(s):

    United States Trustee (RS) Represented By Everett L Green

    Abram Feuerstein esq Cameron C Ridley

    12:00 PM

    6:20-13525


    Dimlux, LLC


    Chapter 11


    #27.00 CONT Order (1) Setting Scheduling Hearing And Case Management Conference And (2) Requiring Status Report


    From: 7/28/20, 8/18/20, 9/16/20 Also #2

    EH     


    Docket 29


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Dimlux, LLC Represented By

    Donald Beury

    1:00 PM

    6:17-20092


    Mark Bastorous


    Chapter 7

    Adv#: 6:20-01051 Pringle v. Serour


    #1.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01051. Complaint by John P. Pringle against Aly Serour. (Charge To Estate - $350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich,


    From: 7/27/20 EH     

    Docket 1

    Party Information

    Debtor(s):

    Mark Bastorous Represented By Thomas F Nowland

    Defendant(s):

    Aly Serour Pro Se

    Joint Debtor(s):

    Bernadette Shenouda Represented By Thomas F Nowland

    Plaintiff(s):

    John P. Pringle Represented By David M Goodrich

    1:00 PM

    CONT...

    Trustee(s):


    Mark Bastorous


    Chapter 7

    John P Pringle (TR) Represented By David M Goodrich Reem J Bello

    1:00 PM

    6:17-20092


    Mark Bastorous


    Chapter 7

    Adv#: 6:20-01052 Pringle v. Saber et al


    #2.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01052. Complaint by John P. Pringle against Am Saber, Yousria Mikhail Guirguis. (Charge To Estate -

    $350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C.

    §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


    From: 7/27/20 EH     

    Docket 1

    Party Information

    Debtor(s):

    Mark Bastorous Represented By Thomas F Nowland

    Defendant(s):

    Am Saber Pro Se

    Yousria Mikhail Guirguis Pro Se

    Joint Debtor(s):

    Bernadette Shenouda Represented By Thomas F Nowland

    Plaintiff(s):

    John P. Pringle Represented By David M Goodrich

    1:00 PM

    CONT...

    Trustee(s):


    Mark Bastorous


    Chapter 7

    John P Pringle (TR) Represented By David M Goodrich Reem J Bello

    1:00 PM

    6:17-20092


    Mark Bastorous


    Chapter 7

    Adv#: 6:20-01053 Pringle v. Bebawy et al


    #3.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01053. Complaint by John P. Pringle against Amgad Bebawy, Reham Nakhil. (Charge To Estate -

    $350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C.

    §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


    From: 7/27/20 EH     

    Docket 1

    Party Information

    Debtor(s):

    Mark Bastorous Represented By Thomas F Nowland

    Defendant(s):

    Amgad Bebawy Represented By Michael A Corfield

    Reham Nakhil Represented By Michael A Corfield

    Joint Debtor(s):

    Bernadette Shenouda Represented By Thomas F Nowland

    Plaintiff(s):

    John P. Pringle Represented By

    1:00 PM

    CONT...


    Trustee(s):


    Mark Bastorous


    David M Goodrich


    Chapter 7

    John P Pringle (TR) Represented By David M Goodrich Reem J Bello

    1:00 PM

    6:17-20092


    Mark Bastorous


    Chapter 7

    Adv#: 6:20-01054 Pringle v. ANRUF LLC et al


    #4.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01054. Complaint by John P. Pringle against ANRUF LLC, Nadia Khalil. (Charge To Estate -

    $350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C.

    §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


    From: 7/27/20 EH     

    Docket 1

    Party Information

    Debtor(s):

    Mark Bastorous Represented By Thomas F Nowland

    Defendant(s):

    ANRUF LLC Represented By

    Andy C Warshaw

    Nadia Khalil Represented By

    Andy C Warshaw

    Joint Debtor(s):

    Bernadette Shenouda Represented By Thomas F Nowland

    Plaintiff(s):

    John P. Pringle Represented By

    1:00 PM

    CONT...


    Trustee(s):


    Mark Bastorous


    David M Goodrich


    Chapter 7

    John P Pringle (TR) Represented By David M Goodrich Reem J Bello

    1:00 PM

    6:17-20092


    Mark Bastorous


    Chapter 7

    Adv#: 6:20-01055 Pringle v. Mena


    #5.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01055. Complaint by John P. Pringle against Antonio Mena. (Charge To Estate - $350.00). Complaint:

    1. To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


From: 7/27/20 EH     

Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Antonio Mena Represented By

Jeffrey Charles Bogert

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

1:00 PM

CONT...

Trustee(s):


Mark Bastorous


Chapter 7

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01056 Pringle v. Mettias


#6.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01056. Complaint by John P. Pringle against Martin Amin Mettias. (Charge To Estate - $350.00).

Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a) (1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


From: 7/27/20 EH     

Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Martin Amin Mettias Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

1:00 PM

CONT...

Trustee(s):


Mark Bastorous


Chapter 7

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01057 Pringle v. Makar


#7.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01057. Complaint by John P. Pringle against Ayad Makar. (Charge To Estate - $350.00). Complaint:

(1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)

Alias issued 7/7/20


From: 7/27/20 EH     

Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Ayad Makar Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

1:00 PM

CONT...

Trustee(s):


Mark Bastorous


Chapter 7

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01058 Pringle v. Gendy


#8.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01058. Complaint by John P. Pringle against Medhat Saad Gendy. (Charge To Estate - $350.00).

Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a) (1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


From: 7/27/20 EH     

Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Medhat Saad Gendy Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

1:00 PM

CONT...

Trustee(s):


Mark Bastorous


Chapter 7

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01059 Pringle v. Bishay


#9.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01059. Complaint by John P. Pringle against Boles Bishay. (Charge To Estate - $350.00). Complaint:

(1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


From: 7/27/20 EH     

Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Boles Bishay Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

1:00 PM

CONT...

Trustee(s):


Mark Bastorous


Chapter 7

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01060 Pringle v. Portrans


#10.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01060. Complaint by John P. Pringle against Diamond Portrans. (Charge To Estate - $350.00).

Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a) (1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


From: 7/27/20 EH     

Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Diamond Portrans Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

1:00 PM

CONT...

Trustee(s):


Mark Bastorous


Chapter 7

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01061 Pringle v. Mikhael


#11.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01061. Complaint by John P. Pringle against Medhat Mikhael. (Charge To Estate - $350.00).

Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a) (1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


From: 7/27/20 EH     

Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Medhat Mikhael Represented By Michael A Corfield

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

1:00 PM

CONT...

Trustee(s):


Mark Bastorous


Chapter 7

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01062 Pringle v. Makkar


#12.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01062. Complaint by John P. Pringle against Louis Makkar. (Charge To Estate - $350.00). Complaint:

(1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


From: 7/27/20 EH     

Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Louis Makkar Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

1:00 PM

CONT...

Trustee(s):


Mark Bastorous


Chapter 7

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01063 Pringle v. Ghaly


#13.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01063. Complaint by John P. Pringle against Ramez Ghaly. (Charge To Estate - $350.00). Complaint:

(1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


From: 7/27/20 EH     

Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Ramez Ghaly Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

1:00 PM

CONT...

Trustee(s):


Mark Bastorous


Chapter 7

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01064 Pringle v. Farah


#14.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01064. Complaint by John P. Pringle against Mina Farah. (Charge To Estate - $350.00). Complaint:

(1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


From: 7/27/20 EH     

Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Mina Farah Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

1:00 PM

CONT...

Trustee(s):


Mark Bastorous


Chapter 7

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01065 Pringle v. Yassa


#15.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01065. Complaint by John P. Pringle against Ehap Yassa. (Charge To Estate - $350.00). Complaint:

(1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


From: 7/27/20 EH     

Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Ehap Yassa Represented By

Michael A Corfield

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

1:00 PM

CONT...

Trustee(s):


Mark Bastorous


Chapter 7

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01066 Pringle v. Abdelmessih


#16.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01066. Complaint by John P. Pringle against Noshi Abdelmessih. (Charge To Estate - $350.00).

Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a) (1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


From: 7/27/20 EH     

Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Noshi Abdelmessih Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

1:00 PM

CONT...

Trustee(s):


Mark Bastorous


Chapter 7

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01067 Pringle v. Eskander


#17.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01067. Complaint by John P. Pringle against Emad Eskander. (Charge To Estate - $350.00).

Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a) (1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


From: 7/27/20 EH     

Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Emad Eskander Represented By Michael A Corfield

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

1:00 PM

CONT...

Trustee(s):


Mark Bastorous


Chapter 7

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01068 Pringle v. Gerges


#18.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01068. Complaint by John P. Pringle against Rafat Gerges. (Charge To Estate - $350.00). Complaint:

(1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


From: 7/27/20 EH     

Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Rafat Gerges Represented By

Louis J Esbin

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

1:00 PM

CONT...

Trustee(s):


Mark Bastorous


Chapter 7

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01069 Pringle v. Ghobrial


#19.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01069. Complaint by John P. Pringle against Fared Ghobrial. (Charge To Estate - $350.00).

Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a) (1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


From: 7/27/20 EH     

Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Fared Ghobrial Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

1:00 PM

CONT...

Trustee(s):


Mark Bastorous


Chapter 7

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01070 Pringle v. Haroun


#20.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01070. Complaint by John P. Pringle against Fouad Zikry Haroun. (Charge To Estate - $350.00).

Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a) (1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


From: 7/27/20 EH     

Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Fouad Zikry Haroun Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

1:00 PM

CONT...

Trustee(s):


Mark Bastorous


Chapter 7

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01071 Pringle v. Youssef


#21.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01071. Complaint by John P. Pringle against Raafat Mouric Zake Youssef. (Charge To Estate -

$350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C.

§§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


From: 7/27/20 EH     

Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Raafat Mouric Zake Youssef Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

1:00 PM

CONT...

Trustee(s):


Mark Bastorous


Chapter 7

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01072 Pringle v. Goldvilla


#22.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01072. Complaint by John P. Pringle against Goldvilla. (Charge To Estate - $350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


From: 7/27/20 EH     

Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Goldvilla Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

1:00 PM

CONT...

Trustee(s):


Mark Bastorous


Chapter 7

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01073 Pringle v. Yousef


#23.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01073. Complaint by John P. Pringle against Raafat Yousef. (Charge To Estate - $350.00).

Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a) (1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


From: 7/27/20 EH     

Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Raafat Yousef Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

1:00 PM

CONT...

Trustee(s):


Mark Bastorous


Chapter 7

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01074 Pringle v. Ghobrial


#24.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01074. Complaint by John P. Pringle against Ishak Ghobrial. (Charge To Estate - $350.00).

Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a) (1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


From: 7/27/20 EH     

Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Ishak Ghobrial Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

1:00 PM

CONT...

Trustee(s):


Mark Bastorous


Chapter 7

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01075 Pringle v. Rouse


#25.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01075. Complaint by John P. Pringle against James Rouse. (Charge To Estate - $350.00). Complaint:

(1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


From: 7/27/20 EH     

Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

James Rouse Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

1:00 PM

CONT...

Trustee(s):


Mark Bastorous


Chapter 7

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01076 Pringle v. John 20/20 Enterprises, Inc.


#26.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01076. Complaint by John P. Pringle against John 20/20 Enterprises, Inc.. (Charge To Estate -

$350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C.

§§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


From: 7/27/20 EH     

Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

John 20/20 Enterprises, Inc. Represented By Michael A Corfield

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

1:00 PM

CONT...

Trustee(s):


Mark Bastorous


Chapter 7

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01077 Pringle v. Youssef et al


#27.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01077. Complaint by John P. Pringle against John Maurice Youssef, Sally Yo. (Charge To Estate -

$350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C.

§§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


From: 7/27/20 EH     

Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

John Maurice Youssef Pro Se

Sally Yo Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

1:00 PM

CONT...

Trustee(s):


Mark Bastorous


Chapter 7

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01078 Pringle v. Peng


#28.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01078. Complaint by John P. Pringle against Kaiwha Peng. (Charge To Estate - $350.00). Complaint:

(1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich,


From: 7/27/20 EH     

Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Kaiwha Peng Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

1:00 PM

CONT...

Trustee(s):


Mark Bastorous


Chapter 7

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01079 Pringle v. Kodsy


#29.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01079. Complaint by John P. Pringle against Karem Fayez Kodsy. (Charge To Estate - $350.00).

Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a) (1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


From: 7/27/20 EH     

Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Karem Fayez Kodsy Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

1:00 PM

CONT...

Trustee(s):


Mark Bastorous


Chapter 7

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01080 Pringle v. Rouse


#30.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01080. Complaint by John P. Pringle against Lana Lee Rouse. (Charge To Estate - $350.00).

Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a) (1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


From: 7/27/20 EH     

Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Lana Lee Rouse Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

1:00 PM

CONT...

Trustee(s):


Mark Bastorous


Chapter 7

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01081 Pringle v. Labib et al


#31.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01081. Complaint by John P. Pringle against Magda Labib, Khair Labib. (Charge To Estate -

$350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C.

§§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


From: 7/27/20 EH     

Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Magda Labib Represented By

Michael A Corfield

Khair Labib Represented By

Michael A Corfield

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By

1:00 PM

CONT...


Trustee(s):


Mark Bastorous


David M Goodrich


Chapter 7

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01082 Pringle v. Wagdy


#32.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01082. Complaint by John P. Pringle against Magda Wagdy. (Charge To Estate - $350.00).

Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a) (1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


From: 7/27/20 EH     

Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Magda Wagdy Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

1:00 PM

CONT...

Trustee(s):


Mark Bastorous


Chapter 7

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01083 Pringle v. Eskarous


#33.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01083. Complaint by John P. Pringle against Manal Eskarous. (Charge To Estate - $350.00).

Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a) (1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


From: 7/27/20 EH     

Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Manal Eskarous Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

1:00 PM

CONT...

Trustee(s):


Mark Bastorous


Chapter 7

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01084 Pringle v. Solomen


#34.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01084. Complaint by John P. Pringle against Marcos Solomen. (Charge To Estate - $350.00).

Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a) (1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


From: 7/27/20 EH     

Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Marcos Solomen Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

1:00 PM

CONT...

Trustee(s):


Mark Bastorous


Chapter 7

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01085 Pringle v. Khozam


#35.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01085. Complaint by John P. Pringle against Margaret Khozam. (Charge To Estate - $350.00).

Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a) (1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


From: 7/27/20 EH     

Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Margaret Khozam Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

1:00 PM

CONT...

Trustee(s):


Mark Bastorous


Chapter 7

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01086 Pringle v. Zakhary


#36.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01086. Complaint by John P. Pringle against Raafat Welliam Aziz Zakhary. (Charge To Estate -

$350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C.

§§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


From: 7/27/20 EH     

Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Raafat Welliam Aziz Zakhary Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

1:00 PM

CONT...

Trustee(s):


Mark Bastorous


Chapter 7

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01087 Pringle v. Zumut et al


#37.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01087. Complaint by John P. Pringle against Ray Zumut, Mary Zumut. (Charge To Estate - $350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a) (1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


From: 7/27/20 EH     

Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Ray Zumut Represented By

Lawrence Hoodack

Mary Zumut Represented By

Lawrence Hoodack

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By

1:00 PM

CONT...


Trustee(s):


Mark Bastorous


David M Goodrich


Chapter 7

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01088 Pringle v. Noshy


#38.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01088. Complaint by John P. Pringle against Sameh Noshy. (Charge To Estate - $350.00).

Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a) (1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


From: 7/27/20 EH     

Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Sameh Noshy Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

1:00 PM

CONT...

Trustee(s):


Mark Bastorous


Chapter 7

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01089 Pringle v. Barsoom


#39.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01089. Complaint by John P. Pringle against Sameh Roshdy Wahba Barsoom. (Charge To Estate -

$350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C.

§§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


From: 7/27/20 EH     

Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Sameh Roshdy Wahba Barsoom Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

1:00 PM

CONT...

Trustee(s):


Mark Bastorous


Chapter 7

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01090 Pringle v. Sawires


#40.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01090. Complaint by John P. Pringle against Sanad Sawires. (Charge To Estate - $350.00).

Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a) (1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


From: 7/27/20 EH     

Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Sanad Sawires Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

1:00 PM

CONT...

Trustee(s):


Mark Bastorous


Chapter 7

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01091 Pringle v. Beshai


#41.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01091. Complaint by John P. Pringle against Sarwat Beshai. (Charge To Estate - $350.00).

Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a) (1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)

(STANDSTILL AGREEMENT UNTIL 9/16/20) HOLDING DATE


From: 7/27/20 EH     

Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Sarwat Beshai Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

1:00 PM

CONT...

Trustee(s):


Mark Bastorous


Chapter 7

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01092 Pringle v. Dawoud


#42.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01092. Complaint by John P. Pringle against Sohir Gendy Gerges Dawoud. (Charge To Estate -

$350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C.

§§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


From: 7/27/20 EH     

Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Sohir Gendy Gerges Dawoud Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

1:00 PM

CONT...

Trustee(s):


Mark Bastorous


Chapter 7

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01093 Pringle v. St. George Medical Office L.L.C.


#43.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01093. Complaint by John P. Pringle against St. George Medical Office L.L.C.. (Charge To Estate -

$350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C.

§§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


From: 7/27/20 EH     

Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

St. George Medical Office L.L.C. Represented By

Andy C Warshaw

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

1:00 PM

CONT...

Trustee(s):


Mark Bastorous


Chapter 7

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01094 Pringle v. Wextron Ltd


#44.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01094. Complaint by John P. Pringle against Wextron Ltd. (Charge To Estate - $350.00). Complaint:

(1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


From: 7/27/20 EH     

Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Wextron Ltd Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

1:00 PM

CONT...

Trustee(s):


Mark Bastorous


Chapter 7

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

1:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01095 Pringle v. Fannyan


#45.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01095. Complaint by John P. Pringle against Zahra Fannyan. (Charge To Estate - $350.00).

Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a) (1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


From: 7/27/20 EH     

Docket 1

Party Information

Debtor(s):

Mark Bastorous Represented By Thomas F Nowland

Defendant(s):

Zahra Fannyan Pro Se

Joint Debtor(s):

Bernadette Shenouda Represented By Thomas F Nowland

Plaintiff(s):

John P. Pringle Represented By David M Goodrich

1:00 PM

CONT...

Trustee(s):


Mark Bastorous


Chapter 7

John P Pringle (TR) Represented By David M Goodrich Reem J Bello

11:00 AM

6:17-17612


Jose Guadalupe Sandoval


Chapter 13


#1.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 10231 Tudor Ave, Montclair, California 91763


MOVANT: PENNYMAC LOAN SERVICES LLC


EH     


(Tele. appr. Nancy Clark, rep. Debtor)


(Tele. appr. Robert Zahradka, rep. MennyMac Loan Services)


Docket 63


Tentative Ruling:

9/29/2020


Service: Proper Opposition: Yes

Parties to apprise the Court of the status of adequate protection discussions. APPEARANCES REQUIRED.

Party Information

Debtor(s):

Jose Guadalupe Sandoval Represented By Michael E Clark Barry E Borowitz

Movant(s):

PennyMac Loan Services, LLC Represented By Robert P Zahradka Megan E Lees

11:00 AM

CONT...

Trustee(s):


Jose Guadalupe Sandoval


Chapter 13

Rod Danielson (TR) Pro Se

11:00 AM

6:17-18230


Ricardo Munoz and Roseann Munoz


Chapter 13


#2.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1554 N Helen Ct, Ontario, California 91762


MOVANT: U.S. BANK NATIONAL ASSOCIATION


From: 7/28/20, 9/8/20 EH     

(Tele. appr. Sean Ferry, rep. creditor, U.S. Bank)


Docket 63

Tentative Ruling: Tentative Ruling:

7/28/20


Service: Proper Opposition: Debtors


To attain relief from stay under 11. U.S.C §362(d)(1) "cause" must be shown. U.S. Bank National Association (hereinafter "U.S. Bank") claims that post-petition post- confirmation mortgage payments due have not been made by the Debtor. "The failure, however, of a debtor to tender post-petition payments to a mortgagee does not mean that the secured creditor must be granted relief from the stay…Evidence of a post- petition delinquency only means that the debtor must then come forward with evidence demonstrating that the mortgagee’s secured interest is adequately protected." In re Middleton Place Assocs., 1993 Bankr. Lexis 2171, *28-*29 (Bankr. E.D. PA, 1993).


By providing the Equity Line of Credit Agreement and Disclosure Statement, Deed of

11:00 AM

CONT...


Ricardo Munoz and Roseann Munoz


Chapter 13

Trust, and the ledger of loan payments, U.S. Bank has established "cause" for relief under 11 U.S.C § 362(d)(1). In re Kim, 71 B.R. 1011, 1014 (Bankr. C.D. Cal. 1987).


The burden now shifts to the opposing party, the Debtors, to show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1). 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.).


Debtors have opposed this motion. Debtors claim that on July 10, 2020, they made a payment of $1,000. Dkt. No. 65, Pg. 2. Debtor are "looking to enter into an adequate protection order" and they "intend to continue making all of their regular post-petition payments in a timely fashion. Id.


Parties are to abreast the Court of any adequate protection discussions. APPEARANCES REQUIRED.


Party Information

Debtor(s):

Ricardo Munoz Represented By Michael E Clark Barry E Borowitz

Joint Debtor(s):

Roseann Munoz Represented By Michael E Clark Barry E Borowitz

Movant(s):

U.S. Bank National Association Represented By Mukta Suri Sean C Ferry

11:00 AM

CONT...

Trustee(s):


Ricardo Munoz and Roseann Munoz


Chapter 13

Rod Danielson (TR) Pro Se

11:00 AM

6:18-10732


Calvin S. Winn and Diana M. Winn


Chapter 13


#3.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 13300 February Drive, Corona, California 92879


MOVANT: MEB LOAN TRUST IV, U.S. BANK NATIONAL ASSOCIATION


EH     


(Tele. appr. Kirsten M. Martinez, rep. creditor, MEB Loan Trust IV) (Tele. appr. Michael Smith, rep. Debtor)

Docket 95


Tentative Ruling:

9/29/2020


Service: Proper Opposition: Yes

Parties to apprise the Court of the status of adequate protection discussions. APPEARANCES REQUIRED.

Party Information

Debtor(s):

Calvin S. Winn Represented By Christopher J Langley Michael Smith

Joint Debtor(s):

Diana M. Winn Represented By Christopher J Langley Michael Smith

11:00 AM

CONT...

Movant(s):


Calvin S. Winn and Diana M. Winn


Chapter 13

MEB Loan Trust IV, U.S. Bank Represented By Kirsten Martinez

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:18-15459


Victor H Saravia and Deborah A Saravia


Chapter 13


#4.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2016 Kia Forte, VIN: KNAFK4A63G5549023


MOVANT: HYUNDAI LEASE TITLING TRUST


EH     


(Tele. appr. Sheryl Kim, rep. creditor, Hyundai)


Docket 36


Tentative Ruling:

9/29/2020


Service: Proper Opposition: No


For the reasons set forth in the motion, the Court is inclined to:


-GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1)

-GRANT waiver of Rule 4001(a)(3) stay

-GRANT request under ¶ 2

-DENY alternative request under ¶ 11 as moot.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

Debtor(s):

Victor H Saravia Represented By Julie J Villalobos

Joint Debtor(s):

Deborah A Saravia Represented By

11:00 AM

CONT...


Movant(s):


Victor H Saravia and Deborah A Saravia

Julie J Villalobos


Chapter 13

Hyundai Lease Titling Trust Represented By Sheryl K Ith

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:18-17784


David John Stoykovich, Jr. and Merlina Lynn Burton


Chapter 13


#5.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 20891 Thunderbird Rd, Apple Valley, CA 92307


MOVANT: HSBC BANK USA, NATIONAL ASSOCIATION


EH     


(Tele. appr. Sean Ferry, rep. creditor HSB Bank USA)


Docket 53


Tentative Ruling:

9/29/2020


Service: Proper Opposition: Yes


Parties to apprise the Court of the status of arrears and adequate protection discussions, if any.


APPEARANCES REQUIRED.

Party Information

Debtor(s):

David John Stoykovich Jr. Represented By Todd L Turoci

Joint Debtor(s):

Merlina Lynn Burton Represented By Todd L Turoci

Movant(s):

HSBC Bank USA, National Represented By

11:00 AM

CONT...


Trustee(s):


David John Stoykovich, Jr. and Merlina Lynn Burton

Sean C Ferry Eric P Enciso


Chapter 13

Rod Danielson (TR) Pro Se

11:00 AM

6:18-20539


Jimmie Dale Montezuma and Jovita Arzate Montezuma


Chapter 7


#6.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 11488 VIA MONTE, FONTANA CA 92337


MOVANT: U.S. BANK NATIONAL ASSOCIATION


From: 7/21/20 EH     

(Tele. appr. Sean Ferry, rep. creditor, U.S. Bank)


Docket 82


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jimmie Dale Montezuma Represented By Michael E Clark

Joint Debtor(s):

Jovita Arzate Montezuma Represented By Michael E Clark

Movant(s):

U.S. Bank National Association Represented By Sean C Ferry Eric P Enciso

Trustee(s):

Howard B Grobstein (TR) Represented By David Seror

Jessica L Bagdanov

11:00 AM

CONT...


Jimmie Dale Montezuma and Jovita Arzate Montezuma


Chapter 7

11:00 AM

6:19-10273


Maisha Lenette Ghant-Elie


Chapter 13


#7.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 3974 Quartzite Ln., San Bernardino, California 92407-0420


MOVANT: US BANK NATIONAL ASSOCIATION


From: 7/21/20, 8/18/20 EH         

(Tele. appr. John Brady, rep. Debtor)


(Tele. appr. Sean Ferry, rep. creditor, U.S. Bank)


Docket 82


Tentative Ruling:

7/21/20


Service: Proper Opposition: Yes


The Court is inclined to:


-GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1)

-GRANT waiver of Rule 4001(a)(3) stay

-GRANT requests under ¶¶ 2 and 3

-DENY request for relief from § 1301 co-debtor stay because it does not appear that the motion was served on any "co-debtor"

-DENY alternative request under ¶ 13 as moot.


APPEARANCES REQUIRED.

Party Information

11:00 AM

CONT...

Debtor(s):


Maisha Lenette Ghant-Elie


Chapter 13

Maisha Lenette Ghant-Elie Represented By John F Brady

Movant(s):

U.S. Bank National Association Represented By Sean C Ferry Natalie E Lea

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-11103


Golda Y Williams


Chapter 13


#8.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 7253 Seeley Court, Highland, California 92346


MOVANT: BANK UNITED NA


From: 8/18/20 EH        

Docket 48

Tentative Ruling: 8/18/2020

Service: Proper

Opposition: None

Parties to apprise Court of status of adequate protection discussions. APPEARANCES REQUIRED.

Party Information

Debtor(s):

Golda Y Williams Represented By Daniel King

Movant(s):

BANK UNITED N.A. Represented By Julian T Cotton Sean C Ferry

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-12219


Michael Lawrence Ricks and Debra Jean Ricks


Chapter 13


#9.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1073 Hisse Drive, San Jacinto, California 92583


MOVANT: U.S. BANK NATIONAL ASSOCIATION


From: 7/28/20, 8/18/20, 9/8/20 EH     

Docket 37

*** VACATED *** REASON: ORDER ENTERED 9/9/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Michael Lawrence Ricks Represented By

Richard Komisars III

Joint Debtor(s):

Debra Jean Ricks Represented By

Richard Komisars III

Movant(s):

U. S. Bank National Association, as Represented By

Kirsten Martinez

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-15117


Michael Colbus and Lisa Colbus


Chapter 13


#10.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 857 East 25th Street, Upland, CA 91784


MOVANT: U.S BANK NATIONAL ASSOCIATION


EH     


(Tele. appr. Sean Ferry, rep. creditor U.S. Bank)


Docket 52


Tentative Ruling:

9/29/2020


Service: Proper Opposition: No


For the reasons stated in the motion, the Court is inclined to:


-GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1) and (2);

-DENY request for relief from § 1301(a) co-debtor because the motion was not served on any co-debtor

-GRANT waiver of Rule 4001(a)(3) stay;

-GRANT requests under ¶¶ 2 and 3 as moot;

-DENY alternative request under ¶ 13 as moot.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

Debtor(s):

Michael Colbus Represented By Andrew Nguyen

11:00 AM

CONT...


Michael Colbus and Lisa Colbus


Chapter 13

Joint Debtor(s):

Lisa Colbus Represented By

Andrew Nguyen

Movant(s):

U.S. Bank National Association Represented By Sean C Ferry Eric P Enciso

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-15270


La Chatta P Hunter


Chapter 13


#11.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 26670 Tellis Place, Hemet, CA 92544


MOVANT: WILMINGTON TRUST NATIONAL ASSOCIATION


From: 8/18/20 EH        

Docket 38

*** VACATED *** REASON: STIPULATION BETWEEN PARTIES FOR VOLUNTARY DISMISSAL OF MOTION FILED 9/25/20 (DOC. 46)

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

La Chatta P Hunter Represented By Daniel King

Movant(s):

Wilmington Trust National Represented By Sean C Ferry

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-15963


Ramon H. Ventura, Jr. and Clementine Ventura


Chapter 13


#12.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 36677 Oak Meadows Place, Murrieta, California 92562


MOVANT: SELENE AS ATTORNEY IN FACT WILMINGTON SAVINGS FUND SOCIETY, FSB


From: 7/28/20, 9/8/20 EH     

(Tele. appr. Sean Ferry, rep. creditor, Wilmington Savings Fund Society) (Tele. appr. Joselina Medrano, rep. Debtors)

Docket 61

Tentative Ruling: Tentative Ruling:

7/28/20


Service: Proper Opposition: None


To attain relief from stay under 11. U.S.C §362(d)(1) "cause" must be shown. Selene Finance LP (hereinafter "Selene Finance") claims that post-petition post-confirmation mortgage payments due have not been made by Debtors. "The failure, however, of a debtor to tender post-petition payments to a mortgagee does not mean that the secured creditor must be granted relief from the stay…Evidence of a post-petition delinquency only means that the debtor must then come forward with evidence demonstrating that the mortgagee’s secured interest is adequately protected." In re Middleton Place Assocs., 1993 Bankr. Lexis 2171, *28-*29 (Bankr. E.D. PA, 1993).

11:00 AM

CONT...


Ramon H. Ventura, Jr. and Clementine Ventura


Chapter 13


By providing the Fixed/Adjustable Rate Note Interest Only Fixed Period, Deed of Trust, California Assignment of Deed of Trust, Corporation Assignment of Deed of Trust, Modification Agreement, and the ledger of loan payments, Selene Finance has established "cause" for relief under 11 U.S.C § 362(d)(1). In re Kim, 71 B.R. 1011, 1014 (Bankr. C.D. Cal. 1987).


The burden now shifts to the opposing party, the Debtors, to show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1). 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.).


Debtors have opposed this motion. Dkt. No. 63. Joint Debtor declared that she would like to enter into an adequate protection agreement in which she pays a lump sum on or before the date of the hearing on this matter and pays the remainder over a six- month timeframe in equal installments on the fifteenth of each month. Id. at Decl. in Support of Opposition to Motion for Relief from Automatic Stay.


The parties to update the Court of any adequate protection discussions. APPEARANCES REQUIRED.

Party Information

Debtor(s):

Ramon H. Ventura Jr. Represented By Gregory Ashcraft

Joint Debtor(s):

Clementine Ventura Represented By Gregory Ashcraft

Movant(s):

Selene as servicer for Wilmington Represented By

11:00 AM

CONT...


Trustee(s):


Ramon H. Ventura, Jr. and Clementine Ventura

Christina J Khil Sean C Ferry


Chapter 13

Rod Danielson (TR) Pro Se

11:00 AM

6:19-15980


Jonathon Keith Stoner and Jacqueline Belinda Stoner


Chapter 13


#13.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 35427 Mahogany Glen Drive, Winchester, California 92596


MOVANT: BAYVIEW LOAN SERVICING , LLC


From: 7/21/20, 8/25/20 EH     

(Tele. Bryan Fairman, rep. movant Bayview Loan Servicing, LLC) (Tele. appr. Sundee Teeple, rep. Debtors)

Docket 40

*** VACATED *** REASON: ORDER GRANTING MOTION BY STIPULATION ENTERED ON 9/28/20 (DOC. 60)

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jonathon Keith Stoner Represented By Sundee M Teeple

Joint Debtor(s):

Jacqueline Belinda Stoner Represented By Sundee M Teeple

Movant(s):

Bayview Loan Servicing, LLC Represented By

Dane W Exnowski Joseph C Delmotte

11:00 AM

CONT...

Trustee(s):


Jonathon Keith Stoner and Jacqueline Belinda Stoner


Chapter 13

Rod Danielson (TR) Pro Se

11:00 AM

6:19-17091


Edward A Jandt and Shelley A Jandt


Chapter 13


#14.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 42915 Cerritos Drive, Bermuda Dunes, California 92203


MOVANT: THE MONEY SOURCE INC.


EH     


(Tele. appr. Kirsten Martinez, rep. creditor, The Money Source)


Docket 43


Tentative Ruling:

9/29/2020


Service: Proper Opposition: No


For the reasons stated in the motion, the Court is inclined to:


-GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1);

-GRANT waiver of Rule 4001(a)(3) stay;

-GRANT requests under ¶¶ 2, 3, and 12 as moot;

-DENY alternative request under ¶ 13 as moot.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

Debtor(s):

Edward A Jandt Represented By Christopher Hewitt

Joint Debtor(s):

Shelley A Jandt Represented By

11:00 AM

CONT...


Movant(s):


Edward A Jandt and Shelley A Jandt

Christopher Hewitt


Chapter 13

The Money Source Inc Represented By Mukta Suri Kirsten Martinez Matthew L Tillma

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-17527


Michael Lewis Jackson and Samantha Kim Jackson


Chapter 13


#15.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2015 Lexus ES ES 350 Sedan 4D


MOVANT: EXETER FINANCE, LLC


EH     


Docket 30

*** VACATED *** REASON: ORDER GRANING MOTION BY STIPULATION ENTERED 9/25/20 (DOC. 35)

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Michael Lewis Jackson Represented By Anthony B Vigil

Joint Debtor(s):

Samantha Kim Jackson Represented By Anthony B Vigil

Movant(s):

Exeter Finance, LLC Represented By Marjorie M Johnson

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-19251


Adam Brian Britt and Kenya Lashawn Britt


Chapter 13


#16.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2018 Honda Accord, VIN No.

1HGCV1F1XJA059123 MOVANT: A-L FINANCIAL CORP

EH     


Docket 43


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Adam Brian Britt Represented By Matthew D. Resnik

Joint Debtor(s):

Kenya Lashawn Britt Represented By Matthew D. Resnik

Movant(s):

A-L Financial Corp. Represented By Lincoln D Gardner

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-20280


Michael Brown and Robin Brown


Chapter 13


#17.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 56040 Mitchell Road, Anza, CA 92539


MOVANT: LAKEVIEW LOAN SERVICING LLC


From: 9/1/20 EH     

Docket 62

*** VACATED *** REASON: ORDER GRANTING RELIEF BY STIPULATION ENTERED 9/22/20 (DOC. 70)

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Michael Brown Represented By Kevin Tang

Joint Debtor(s):

Robin Brown Represented By

Kevin Tang

Movant(s):

Lakeview Loan Servicing, LLC Represented By Daniel K Fujimoto Dane W Exnowski Caren J Castle

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11087


Ernesto Sandoval


Chapter 13


#18.00 Notice of motion and motion for relief from the automatic stay with supporting declarations Real Property RE: 724 North Sycamore Avenue, Rialto CA 92376-5142


MOVANT: SUN WEST MORTGAGE COMPANY, INC.


EH     


(Tele. appr. Jaime Cuevas, rep. Debtor)


(Tele. appr. Arnold Graff, rep. movant, Sun West Mortgage Company, Inc.)


Docket 37


Tentative Ruling:

9/29/2020


Service: Proper Opposition: Yes


11 U.S.C. § 362(c)(3)(A) provides that


  1. if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding 1-year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under section 707(b)--

    1. the stay under subsection (a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case;


Here, Debtor had a previous Chapter 13 case dismissed on January 30, 2020, less than one year before the instant case was filed. As Debtor’s motion to continue the

11:00 AM

CONT...


Ernesto Sandoval


Chapter 13

automatic stay was denied, the automatic stay expired on March 13, 2020. Therefore, the automatic stay no longer being in effect, the Court is inclined to DENY the motion as MOOT.


APPEARANCES REQUIRED.

Party Information

Debtor(s):

Ernesto Sandoval Represented By Jaime A Cuevas Jr.

Movant(s):

Sun West Mortgage Company, Inc. Represented By

Arnold L Graff

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-12298


Christian Howard


Chapter 13


#19.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 367 West County Line Road, Calimesa, CA 92320


MOVANT: BUDGET CAPITAL CORPORATION


From: 8/25/20, 9/8/20 EH     

Docket 33

*** VACATED *** REASON: ORDER GRANTING STIPULATION ENTERED ON 9/23/20 (DOC. 38 )

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Christian Howard Represented By Nicholas M Wajda

Movant(s):

Budget Capital Corporation Represented By Daniel K Fujimoto Alan Steven Wolf Caren J Castle

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-12652


Rosa H. Colon


Chapter 7


#20.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1380 W. 48th St.#107, San Bernardino, CA 92407


MOVANT: MOUNTAIN PARK CONDOMINUIM ASSOCIATION


EH     


(Tele. appr. Sean Colon, rep. Debtor)


Docket 22

Tentative Ruling:


9/29/2020

Service: Proper Opposition: Yes


11 U.S.C. § 727(b) discharges a debtor from personal liability for debts and claims. Accordingly, a discharge does not affect a creditor from pursuing an In rem action. 11

U.S.C. § 362(C)(1) provides that the "stay of an act against property of the estate under subsection(a) of this section continues until such property is no longer property of the estate." Therefore, the automatic stay remains in effect as to actions In rem. § 362(d) requires the Court to grant relief from stay "for cause."


The Court, having reviewed and considered the motion, opposition, and reply, finds cause exists where Debtor has missed fourteen (14) HOA payments and where Movant has requested relief to continue perfection of assessment liens. Accordingly, the Court is inclined to:

-GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1);

-GRANT request under ¶ 2;

11:00 AM

CONT...


Rosa H. Colon


Chapter 7

-GRANT other request to record written extension of lien.


APPEARANCES REQUIRED.

Party Information

Debtor(s):

Rosa H. Colon Represented By Sean H Colon

Movant(s):

Mountain Park Condominium Represented By Erin A Maloney

Trustee(s):

Lynda T. Bui (TR) Pro Se

11:00 AM

6:20-13003


Mumtaz Sajjad


Chapter 7


#21.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 7419 Via Deldene, Highland, California 92346


MOVANT: MICHAEL W. DOUGLAS AND CINDY DOUGLAS, TRUSTEES OF THE SECOND AMENDED AND RESTATED, MICHAEL W. DOUGLAS AND CINDY DOUGLAS REVOCABLE TRUST DATED APRIL 10, 2017


From: 6/16/20, 6/30/20, 7/28/20, 8/18/20, 9/1/20 EH     

(Tele. appr. Michael Perry, rep. Debtor)


(Tele. appr. Martin Phillips, rep. movant Douglas and Cindy Douglas)


Docket 22

Tentative Ruling: Tentative Ruling:

Service: Proper Opposition: None


6/16/20


On May 22, 2020, Michael W. Douglas and Cindy Douglas, Trustees of the Second Amended and Restated, Michael W. Douglas and Cindy Douglas Revocable Trust (hereinafter "Douglas’ Trust") filed this motion for relief from stay pursuant to 11

U.S.C. §§ 362(d)(1) and 362(d)(2) regard to the Property located at 7419 Via Deldene, Highland, California 92346.

11:00 AM

CONT...


Mumtaz Sajjad


Chapter 7

To attain relief from stay under 11. U.S.C §362(d)(1) "cause" must be shown. Douglas’ Trust claims that there is a lack of adequate protection of its interest in its property because of property taxes and a mechanic’s lien. Adequate protection is intended to compensate a secured creditor whose collateral declines in value while it is in the possession of, and being used by, a…debtor." People’s Capital& Leasing Corp. v. Big3d, Inc., 438 B.R. 214, 220 (B.A.P. 9th Cir. 2010).


By providing Deed of Trust and Assignment of Rent, Note, Trustee’s Sale Guarantee, and Claim of Mechanics Lien, Douglas’ Trust has shown neither is there any equity nor is its interest adequately protected. In re Gauvin, 24 B.R. 578, 580 (B.A.P. 9th Cir. 1982); See also In re Mellor, 734 F.2d 1396 (9th Cir. 1985) (equity cushion of twenty percent sufficient).


To receive relief under 11 U.S.C. § 362(d)(2), both elements— (1) debtor has no equity in the property and (2) property is not necessary for an effective organization— must be met. 3 Collier on Bankruptcy ¶ 362.07[4] (Richard Levin & Henry J. Sommer eds., 16th ed.). Douglas’ Trust has provided evidence that Debtor does not have any equity in the property.


The burden now shifts to the opposing party, the Debtor, to show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1). 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.).


The Trustee’s opposition does not address the (d)(2) request, and also points to the approximate 12% equity cushion for purposes of (d)(1), which the Court finds insufficient. Further, without evidence of valuation, there is no basis to deny the motion or continue the hearing.


Debtor responded to the motion, claiming that she is in the process of a "new loan process," will be filing an adversary proceeding, a motion to strip a lien, or both. Dkt. No. 30. Debtor also claims that Douglas’ Trust has acted in bad faith because it has interfered with Debtor’s ability to refinance by contacting potential lenders and disparaging Debtor and Debtor’s spouse. Id.

11:00 AM

CONT...


Mumtaz Sajjad


Chapter 7

However, Debtor has not challenged the mechanics lien by adversary and otherwise does not provide grounds to deny the motion.


The tentative ruling is to GRANT the motion. APPEARANCES REQURED.


Party Information

Debtor(s):

Mumtaz Sajjad Represented By Michael R Perry

Movant(s):

Michael W. Douglas and Cindy Represented By Martin W. Phillips

Trustee(s):

Larry D Simons (TR) Pro Se

11:00 AM

6:20-13652


Jaime L. Thomason


Chapter 7


#22.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2014 Toyota Camry; VIN # 4T1BF1FK1EU365854


MOVANT: FIRST TECH FEDERAL CREDIT UNION


EH     


(Tele. app. Arnold Graff, rep. movant, First Tech Federal Credit Union)


Docket 9


Tentative Ruling:

9/29/2020


Service: Proper Opposition: No


The Court is inclined to:


-GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1) and (2);

-GRANT waiver of FRBP 4001(a)(3) stay;

-GRANT request under ¶ 2.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

Debtor(s):

Jaime L. Thomason Represented By Joselina L Medrano

Movant(s):

First Tech Federal Credit Union Represented By

11:00 AM

CONT...


Trustee(s):


Jaime L. Thomason


Arnold L Graff


Chapter 7

Robert Whitmore (TR) Pro Se

11:00 AM

6:20-14288


Agnes Szekely


Chapter 7


#23.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2018 Dodge RAM Laramie 1500; VIN #1C6RR6NM0JS337048


MOVANT: FIRST TECH FEDERAL CREDIT UNION


EH     


Docket 10

*** VACATED *** REASON: NOTICE OF WITHDRAWAL OF MOTION FILED ON 9/16/20 (DOC. 13)

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Agnes Szekely Represented By Christopher Hewitt

Movant(s):

First Tech Federal Credit Union Represented By Arnold L Graff

Trustee(s):

Steven M Speier (TR) Pro Se

11:00 AM

6:20-14367


Michael George Amersonis


Chapter 7


#24.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2018 Ford Focus, VIN: 1FADP3L90JL289864


MOVANT: FIRST INVESTORS FINANCIAL SERVICES


EH     


(Tele. appr. Sheryl Ith, rep. creditor, First investors)


Docket 8


Tentative Ruling:

9/29/2020


Service: Proper Opposition: No


11 U.S.C. § 362(h)(1)(A) provides:


(h)(1) In a case in which the debtor is an individual, the stay provided by subsection (a) is terminated with respect to personal property of the estate or of the debtor securing in whole or in part a claim, or subject to an unexpired lease, and such personal property shall no longer be property of the estate if the debtor fails within the applicable time set by section 521(a)(2)--

(A) to file timely any statement of intention required under section 521(a)(2) with respect to such personal property or to indicate in such statement that the debtor will either surrender such personal property or retain it and, if retaining such personal property, either redeem such personal property pursuant to section 722, enter into an agreement of the kind specified in section 524(c) applicable to the debt secured by such personal property, or assume such unexpired lease pursuant to section 365(p) if the trustee does not do so, as applicable; and

11:00 AM

CONT...


Michael George Amersonis


Chapter 7

(emphasis added).


Here, Debtor’s statement of intention selects an option, known as "ride- through," that is not available in this circuit and as such is not available under the statute. In re Dumont, 581 F.3d 1104 (2009). The Debtor was required to select to either abandon or redeem the property, or to enter a reaffirmation agreement. See 11

U.S.C. § 362(h)(1)(A). As the deadline for filing or amending the statement of intention has passed pursuant to 11 U.S.C. § 521(a)(2) (A), the automatic stay has terminated as a matter of law. Therefore, the Court is inclined to DENY the motion as MOOT.


APPEARANCES REQUIRED.

Party Information

Debtor(s):

Michael George Amersonis Represented By Neil R Hedtke

Movant(s):

First Investors Financial Services Represented By

Sheryl K Ith

Trustee(s):

Lynda T. Bui (TR) Pro Se

11:00 AM

6:20-14893


Alberto Tejeda and Lupe C Tejeda


Chapter 7


#25.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2019 Honda Insight


MOVANT: CONSUMER PORTFOLIO SERVICES, INC


EH     


(Tele. appr. Erica Loftis Pacheco, rep. movant, Consumer Portfolio Services)


Docket 10


Tentative Ruling:

9/29/2020


Service: Proper Opposition: No


11 U.S.C. § 362(h)(1)(A) provides:


(h)(1) In a case in which the debtor is an individual, the stay provided by subsection (a) is terminated with respect to personal property of the estate or of the debtor securing in whole or in part a claim, or subject to an unexpired lease, and such personal property shall no longer be property of the estate if the debtor fails within the applicable time set by section 521(a)(2)--

(A) to file timely any statement of intention required under section 521(a)(2) with respect to such personal property or to indicate in such statement that the debtor will either surrender such personal property or retain it and, if retaining such personal property, either redeem such personal property pursuant to section 722, enter into an agreement of the kind specified in section 524(c) applicable to the debt secured by such personal property, or assume such unexpired lease pursuant to section 365(p) if the trustee does not do so, as applicable; and

11:00 AM

CONT...


Alberto Tejeda and Lupe C Tejeda


Chapter 7

(emphasis added).


Here, Debtor’s statement of intention selects an option, known as "ride- through," that is not available in this circuit and as such is not available under the statute. In re Dumont, 581 F.3d 1104 (2009). The Debtor was required to select to either abandon or redeem the property, or to enter a sreaffirmation agreement. See 11

U.S.C. § 362(h)(1)(A). As the deadline for filing or amending the statement of intention has passed pursuant to 11 U.S.C. § 521(a)(2) (A), the automatic stay has terminated as a matter of law. Therefore, the Court is inclined to DENY the motion as MOOT.


APPEARANCES REQUIRED.

Party Information

Debtor(s):

Alberto Tejeda Pro Se

Joint Debtor(s):

Lupe C Tejeda Pro Se

Movant(s):

Consumer Portfolio Services, Inc. Represented By

Lemuel Bryant Jaquez

Trustee(s):

Karl T Anderson (TR) Pro Se

11:00 AM

6:20-15062


David J. Dettman and Marti J. Dettman


Chapter 7


#26.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2017 Ford Fusion, VIN: 3FA6P0PUXHR275374


MOVANT: FORD MOTOR CREDIT COMPANY LLC


EH     


(Tele. appr. Sheryl Ith, rep. creditor, Ford Motor Credit Company LLC)


Docket 13


Tentative Ruling:

9/29/2020


Service: Proper Opposition: No


The Court is inclined to:


-GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1)

-GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(2)

-GRANT waiver of FRBP 4001(a)(3) stay

-GRANT request under ¶ 2

-DENY alternative request under ¶ 11 as moot


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

Debtor(s):

David J. Dettman Represented By Mark D Klein

11:00 AM

CONT...


David J. Dettman and Marti J. Dettman


Chapter 7

Joint Debtor(s):

Marti J. Dettman Represented By Mark D Klein

Movant(s):

Ford Motor Credit Company LLC Represented By

Sheryl K Ith

Trustee(s):

Todd A. Frealy (TR) Pro Se

11:00 AM

6:20-15539


Andrew Ortiz and Shivonneroshai A Deseo


Chapter 7


#27.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2015 Honda Civic, VIN: 2HGF B2F5 XFH5 21073


MOVANT: AMERICAN HONDA FINANCE CORPORATION


EH     


(Tele. appr. Vincent Frounjian, rep. creditor, American Honda Finance Corporation)


Docket 11


Tentative Ruling:

9/29/2020


Service: Proper Opposition: No


11 U.S.C. § 362(h)(1)(A) provides:


(h)(1) In a case in which the debtor is an individual, the stay provided by subsection (a) is terminated with respect to personal property of the estate or of the debtor securing in whole or in part a claim, or subject to an unexpired lease, and such personal property shall no longer be property of the estate if the debtor fails within the applicable time set by section 521(a)(2)--

(A) to file timely any statement of intention required under section 521(a)(2) with respect to such personal property or to indicate in such statement that the debtor will either surrender such personal property or retain it and, if retaining such personal property, either redeem such personal property pursuant to section 722, enter into an agreement of the kind specified in section 524(c) applicable to the debt secured by such personal property, or assume such unexpired lease pursuant to section 365(p) if the trustee does not do so, as applicable; and

11:00 AM

CONT...


Andrew Ortiz and Shivonneroshai A Deseo


Chapter 7


(emphasis added).


Here, Debtor’s statement of intention does not address the subject collateral. As the deadline for filing or amending the statement of intention has passed pursuant to 11 U.S.C. § 521(a)(2)(A), the automatic stay has terminated as a matter of law.

Therefore, the Court is inclined to DENY the motion as MOOT.


APPEARANCES REQUIRED.

Party Information

Debtor(s):

Andrew Ortiz Represented By Paul Y Lee

Joint Debtor(s):

Shivonneroshai A Deseo Represented By Paul Y Lee

Movant(s):

American Honda Finance Represented By Vincent V Frounjian

Trustee(s):

Lynda T. Bui (TR) Pro Se

11:00 AM

6:20-15564


Mitt Shen


Chapter 7


#28.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 13223 Monte Largo Lane, Victorville, CA 92394


MOVANT: GATEWAY MORTGAGE GROUP


EH     


(Tele. appr. Nancy Lee, rep. creditor, Gateway Mortgage Group) (Tele. appr. Mitt Shen, rep. Debtor in pro se)

Docket 9


Tentative Ruling:

9/29/2020


Service: Proper Opposition: Yes


For the reasons set forth in the motion, the Court is inclined to:


-GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1)

-GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(2)

-GRANT waiver of FRBP 4001(a)(3) stay

-GRANT requests under ¶¶¶ 2, 3, and 12


APPEARANCES REQUIRED.

Party Information

Debtor(s):

Mitt Shen Pro Se

Movant(s):

Gateway Mortgage Group, a division Represented By

11:00 AM

CONT...


Trustee(s):


Mitt Shen


Jennifer C Wong


Chapter 7

Steven M Speier (TR) Pro Se

11:00 AM

6:20-15578


Silvio Orellana


Chapter 7


#29.00 Notice of motion and motion for relief from the automatic stay with supporting declarations UNLAWFUL DETAINER RE: 1855 East Riverside Drive, Space # 270, Ontario, California 91761


MOVANT: COUNTRY MEADOWS-018, L.P.


EH     


Docket 15

Tentative Ruling:


9/29/2020

Service: Proper Opposition: No


11 U.S.C. § 362(b)(22) provides that:


  1. The filing of a petition under section 301, 302, or 303 of this title, or of an application under section 5(a)(3) of the Securities Investor Protection Act of 1970, does not operate as a stay—

    (22) subject to subsection (l), under subsection (a)(3), of the continuation of any eviction, unlawful detainer action, or similar proceeding by a lessor against a debtor involving residential property in which the debtor resides as a tenant under a lease or rental agreement and with respect to which the lessor has obtained before the date of the filing of the bankruptcy petition, a judgment for possession of such property against the debtor;


    Here, Movant has obtained a final judgment for possession prior to the filing of the petition. Accordingly, the "continuation of an unlawful detainer action, or similar proceeding by Lessor" is excepted from the automatic stay. See 11 U.S.C.

    § 362(b)(22). Therefore, the Court is inclined to DENY ¶¶ 1, 2, and 5 of request for relief, and GRANT ¶ 6.

    11:00 AM

    CONT...


    Silvio Orellana


    Chapter 7


    APPEARANCES REQUIRED.

    Party Information

    Debtor(s):

    Silvio Orellana Represented By Arturo A Burga

    Movant(s):

    Country Meadows-018, LP Represented By Larissa L Lazarus

    Trustee(s):

    Larry D Simons (TR) Pro Se

    11:00 AM

    6:20-15798


    Trifone John Zabatta and Mary Rose Eleanor Zabatta


    Chapter 7


    #30.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2015 Ford Transit Connect, VIN: NM0LS7F74F1217006


    MOVANT: FORD MOTOR CREDIT COMPANY LLC


    EH     


    (Tele. appr. Sheryl Ith, rep. creditor, Ford Motor Credit Company, LLC)


    Docket 9


    Tentative Ruling:

    9/29/2020


    Service: Proper Opposition: No


    11 U.S.C. § 362(h)(1)(A) provides:


    (h)(1) In a case in which the debtor is an individual, the stay provided by subsection (a) is terminated with respect to personal property of the estate or of the debtor securing in whole or in part a claim, or subject to an unexpired lease, and such personal property shall no longer be property of the estate if the debtor fails within the applicable time set by section 521(a)(2)--

    (A) to file timely any statement of intention required under section 521(a)(2) with respect to such personal property or to indicate in such statement that the debtor will either surrender such personal property or retain it and, if retaining such personal property, either redeem such personal property pursuant to section 722, enter into an agreement of the kind specified in section 524(c) applicable to the debt secured by such personal property, or assume such unexpired lease pursuant to section 365(p) if the trustee does not do so, as applicable; and

    11:00 AM

    CONT...


    Trifone John Zabatta and Mary Rose Eleanor Zabatta


    Chapter 7

    (emphasis added).


    Here, Debtor’s statement of intention does not address the subject collateral. As the deadline for filing or amending the statement of intention has passed pursuant to 11 U.S.C. § 521(a)(2)(A), the automatic stay has terminated as a matter of law.

    Therefore, the Court is inclined to DENY the motion as MOOT.


    APPEARANCES REQUIRED.

    Party Information

    Debtor(s):

    Trifone John Zabatta Represented By Jeffrey N Wishman

    Joint Debtor(s):

    Mary Rose Eleanor Zabatta Represented By Jeffrey N Wishman

    Movant(s):

    Ford Motor Credit Company LLC Represented By

    Sheryl K Ith

    Trustee(s):

    Lynda T. Bui (TR) Pro Se

    11:00 AM

    6:20-16018


    Perry A Covello and Tia Lia Covello


    Chapter 13


    #31.00 Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate


    MOVANT: PERRY A COVELLO AND TIA LIA COVELLO


    EH     


    (Tele. appr. Gary Saunders, rep. Debtors Perry and Tia Covello)


    Docket 10


    Tentative Ruling:

    9/29/2020


    Service: Proper Opposition: No


    Debtor had a previous case dismissed on April 2, 2020. Therefore, pursuant to § 362(c)(3)(A), the automatic stay in the instant case terminates on the thirtieth (30th) day following the petition date.


    11 U.S.C. § 362(c)(3)(C)(i)(II)(aa) provides for a presumption that this case was filed in bad faith as to all creditors because Debtor’s previous case was dismissed for failure to file the mortgage declaration as required by the Court. The presumption also exists if there is no "substantial change in the financial or personal affairs of the Debtor." 11 U.S.C. § 362(c)(3)(C)(i)(III). Therefore, pursuant to 11 U.S.C. § 362(c) (3)(B)-(C), Debtor must rebut this statutory presumption by providing "clear and convincing" evidence to the contrary.


    Here, Debtor claims that the plan will be a hundred percent (100%) repayment plan as evidence that the case was filed in good faith. However, it does not appear that there was any substantial change in the affairs of the Debtor, as the Debtor has not submitted any evidence. To properly determine whether Debtor is likely to successfully complete his Chapter 13 plan, the Court requires more evidence and

    11:00 AM

    CONT...


    Perry A Covello and Tia Lia Covello


    Chapter 13

    further explanation. Pending further submissions, the Court is inclined to:

    -DENY continuing the automatic stay. APPEARANCES REQUIRED.

    Party Information

    Debtor(s):

    Perry A Covello Represented By Gary S Saunders

    Joint Debtor(s):

    Tia Lia Covello Represented By Gary S Saunders

    Movant(s):

    Perry A Covello Represented By Gary S Saunders

    Tia Lia Covello Represented By Gary S Saunders

    Trustee(s):

    Rod Danielson (TR) Pro Se

    2:00 PM

    6:17-15816


    Integrated Wealth Management Inc


    Chapter 11

    Adv#: 6:19-01177 Issa v. Pisano


    #32.00 CONT Status Conference RE: [1] Adversary case 6:19-ap-01177. Complaint by

    J. Michael Issa against Anthony Pisano. (13 (Recovery of money/property - 548 fraudulent transfer)) (Ignatuk, Joseph)


    From: 2/25/20, 4/28/20, 6/9/20, 7/21/20, 8/25/20 EH     

    (Tele. appr. Ronald Ignatuk, rep. Plaintiff, J. Michael Issa)


    Docket 1

    *** VACATED *** REASON: ORDER CONTINUING STATUS CONFERENCE TO 11/24/20 @ 2:00 ENTERED ON 9/18/20 (DOC. 24)

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Integrated Wealth Management Inc Represented By

    Andrew B Levin Robert E Opera Jim D Bauch

    Defendant(s):

    Anthony Pisano Represented By Scott P Schomer

    Plaintiff(s):

    J. Michael Issa Represented By Joseph R Ignatuk

    2:00 PM

    6:18-16908


    Visiting Nurse Association of the Inland Counties


    Chapter 11


    #33.00 Debtor's Motion for Order (1) Approving Compromise of Controversy Pursuant to Federal Rule of Bankruptcy Procedure 9019; and (2) Authorizing Distribution of Sale Proceeds and Recovered Cash Collateral


    EH     


    (Tele. appr. Anthony Friedmanl, rep. Interest party, The H.N. and Frances C. Bergere Foundation)


    (Tele. appr. David Goodrich, rep. Debtor, Visting Nurse Association) (Tele. appr. Sean O'Keefe, rep. creditor, Simione HealthCare Consultants) (Tele. appr. Jolene, Tanner, rep. United States of America)


    Docket 724


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Visiting Nurse Association of the Represented By

    David M Goodrich Beth Gaschen Jennifer Vicente Ryan W Beall Steven T Gubner Jason B Komorsky

    2:00 PM

    6:18-16908


    Visiting Nurse Association of the Inland Counties


    Chapter 11

    Adv#: 6:20-01129 Visiting Nurse Association of the Inland Counties v. Del Gado et al


    #34.00 Status Conference RE: [1] Adversary case 6:20-ap-01129. Complaint by Visiting Nurse Association of the Inland Counties against Greg Del Gado, Bruce Gordon, Stuart Furman, Lois Beckman, Gema Ptasinsky, Mary Anne Benzakein, Mike Rusnack, Maria Lozano, Karen Emery, Jean Kryger, Oscar Brambila, DOES 1 to 100, inclusive. (Charge To Estate) ($350.00) Complaint for Breach of Fiduciary Duty Nature of Suit: (14 (Recovery of money/property - other))


    EH         


    (Tele. appr. Anthony Friedmanl, rep. Interest party, The H.N. and Frances C. Bergere Foundation)


    (Tele. appr. David Goodrich, rep. Debtor, Visting Nurse Association) (Tele. appr. Sean O'Keefe, rep. creditor, Simione HealthCare Consultants) (Tele. appr. Jolene, Tanner, rep. United States of America)


    Docket 1

    *** VACATED *** REASON: CONTINUED TO 1/5/21 AT 2:00 P.M.

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Visiting Nurse Association of the Represented By

    David M Goodrich Beth Gaschen Jennifer Vicente Ryan W Beall Steven T Gubner Jason B Komorsky

    2:00 PM

    CONT...


    Visiting Nurse Association of the Inland Counties


    Chapter 11

    Defendant(s):

    Greg Del Gado Pro Se

    Bruce Gordon Pro Se

    Stuart Furman Pro Se

    Lois Beckman Pro Se

    Gema Ptasinsky Pro Se

    Mary Anne Benzakein Pro Se

    Mike Rusnack Pro Se

    Maria Lozano Pro Se

    Karen Emery Pro Se

    Jean Kryger Pro Se

    Oscar Brambila Pro Se

    DOES 1 to 100, inclusive Pro Se

    Plaintiff(s):

    Visiting Nurse Association of the Represented By

    Jason B Komorsky

    2:00 PM

    6:18-16908


    Visiting Nurse Association of the Inland Counties


    Chapter 11


    #35.00 Motion of Secured Creditor H. N. and Frances C. Berger Foundation for Release of Funds from Sale Proceeds and Payment to Secured Creditor on Account of Secured Claim


    EH     


    (Tele. appr. Anthony Friedmanl, rep. Interest party, The H.N. and Frances C. Bergere Foundation)


    (Tele. appr. David Goodrich, rep. Debtor, Visting Nurse Association) (Tele. appr. Sean O'Keefe, rep. creditor, Simione HealthCare Consultants) (Tele. appr. Jolene, Tanner, rep. United States of America)


    Docket 720


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Visiting Nurse Association of the Represented By

    David M Goodrich Beth Gaschen Jennifer Vicente Ryan W Beall Steven T Gubner Jason B Komorsky

    2:00 PM

    6:19-13127


    Woodcrest Ace Hardware Inc.


    Chapter 11


    #36.00 Post Confirmation Status Conference


    From: 5/21/19, 7/30/19, 10/29/19, 1/28/20, 2/25/20, 3/31/20, 5/12/20


    EH     


    Docket 2

    *** VACATED *** REASON: FINAL DECREE FILED 8/27/20

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Woodcrest Ace Hardware Inc. Represented By

    Robert B Rosenstein

    2:00 PM

    6:20-15400


    Fasttrak Foods, LLC


    Chapter 11


    #37.00 Order (1) Setting Scheduling Hearing And Case Management Conference And

    (2) Requiring Status Report EH     

    ALSO #38-39


    (Tele. appr. Caroline Djang, rep. trustee, Caroline Djang) (Tele. appr. Everette Green, rep. United States Trustee)

    (Tele. appr. Steve Hamilton, rep. Weintraub & Selth) - LISTEN ONLY (Tele. appr. Crystle Lindsey, rep. Debtor, Fasttrak Foods, LLC)


    Docket 8


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Fasttrak Foods, LLC Represented By

    Crystle Jane Lindsey James R Selth Daniel J Weintraub

    2:00 PM

    6:20-15400


    Fasttrak Foods, LLC


    Chapter 11


    #38.00 Order to appear and show cause re dismissal EH     

    ALSO #37, #39


    (Tele. appr. Caroline Djang, rep. trustee, Caroline Djang) (Tele. appr. Everette Green, rep. United States Trustee)

    (Tele. appr. Steve Hamilton, rep. Weintraub & Selth) - LISTEN ONLY (Tele. appr. Crystle Lindsey, rep. Debtor, Fasttrak Foods, LLC)

    Docket 34


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Fasttrak Foods, LLC Represented By

    Crystle Jane Lindsey James R Selth Daniel J Weintraub

    Trustee(s):

    Caroline Renee Djang (TR) Pro Se

    2:00 PM

    6:20-15400


    Fasttrak Foods, LLC


    Chapter 11


    #39.00 Notice of motion and motion for relief from the automatic stay with supporting declarations UNLAWFUL DETAINER RE: 45585 Commerce Street, Indio, CA 92201


    MOVANT: Pegasus Peak LLC EH     

    ALSO #37-38


    (Tele. appr. Caroline Djang, rep. trustee, Caroline Djang) (Tele. appr. Everette Green, rep. United States Trustee)

    (Tele. appr. Steve Hamilton, rep. Weintraub & Selth) - LISTEN ONLY (Tele. appr. Crystle Lindsey, rep. Debtor, Fasttrak Foods, LLC)

    Docket 40


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Fasttrak Foods, LLC Represented By

    Crystle Jane Lindsey James R Selth Daniel J Weintraub

    Movant(s):

    Pegasus Peak LLC Represented By

    Paula B Hernandez

    2:00 PM

    CONT...

    Trustee(s):


    Fasttrak Foods, LLC


    Chapter 11

    Caroline Renee Djang (TR) Pro Se

    2:00 PM

    6:20-15446


    Brookville 79405 Inc


    Chapter 11


    #40.00 Order (1) Setting Scheduling Hearing And Case Management Conference And

    (2) Requiring Status Report EH     

    (Tele. appr. Arturo Cisneros, rep. trustee, A. Cisneros) (Tele. appr. Everett Green, rep. United States Trustee)

    Docket 3


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Brookville 79405 Inc Represented By William E Walls

    11:00 AM

    6:13-23186


    Richard C Cox, Jr


    Chapter 7


    #1.00 Notice of Trustee's Final Report and Applications for Compensation EH     

    Docket 229


    Tentative Ruling:

    9/30/2020

    No opposition has been filed. Service was Proper.


    The applications for compensation of the Trustee, Counsel for the Trustee, and Accountant for the Trustee have been set for hearing on the notice required by LBR 2016-1. Pursuant to the Trustee's Final Report and the applications of the associated professionals, the Court is inclined to APPROVE the following administrative expenses:


    Trustee Fees: $ 5,402.57 Trustee Expenses: $ 0.00


    Attorney Fees: $ 21,048.84 Attorney Costs: $ 1,584.69


    Accountant Fees: $ 4,895.00 Attorney Fees: $ 50.70


    APPEARANCES WAIVED. If written or oral opposition is presented at the hearing, the hearing may be continued. Trustee to lodge order within 7 days.

    Party Information

    Debtor(s):

    Richard C Cox Jr Represented By Summer M Shaw

    11:00 AM

    CONT...

    Trustee(s):


    Richard C Cox, Jr


    Chapter 7

    Helen R. Frazer (TR) Represented By Leonard M Shulman Brandon J Iskander Lynda T Bui

    11:00 AM

    6:14-24651


    Earlene Larraine Brandon Aubrey


    Chapter 7


    #2.00 Chapter 7 Trustees Motion for Order: (1) Authorizing Compromise of Product Liability Claim, (2) Authorizing Payment of Compensation to Special Counsel, Cory Watson Attorneys; and (3) Granting Related Relief Including Disbursements From the Settlement Amount


    EH     


    Docket 31

    Tentative Ruling:

    9/30/2020

    BACKGROUND


    On December 5, 2014, Earlene Aubrey ("Debtor") filed a Chapter 7 voluntary petition. On March 16, 2015, Debtor received a discharge, and the case was subsequently closed.


    On May 27, 2020, UST filed a motion to reopen the case for Trustee to administer a product liability settlement. On May 29, 2020, the case was reopened.


    On September 1, 2020, Trustee filed a motion to approve a compromise of an unscheduled product liability claim. The product liability claim relates to a defective pharmaceutical product. Debtor received a settlement offer through her participation in multiple district litigation being conducted in the U.S. District Court, Northern District of Florida. Pursuant to the compromise motion, the gross settlement amount is

    $27,012.53. From this settlement amount, $10,805 is to be paid to special counsel, and $2,652.23 is to be paid for case expenses. Both of these figures include an MDL assessment that is to be paid directly by the claims administrator. Pursuant to the

    11:00 AM

    CONT...


    Earlene Larraine Brandon Aubrey


    Chapter 7

    compromise motion, the bankruptcy estate would receive the remaining $13,555.29.


    DISCUSSION



    FED. R. BANKR. P. Rule 9019 provides that:


    On motion by the trustee and after notice and a hearing, the court may approve a compromise or settlement. Notice shall be given to creditors, the United States trustee, the debtor, and indenture trustees as provided in Rule 2002 and to any other entity as the court may direct.


    The Ninth Circuit Court of Appeals have previously outlined the factors to be considered in approving a compromise pursuant to Rule 9019: (1) the probability of success in the litigation; (2) the difficulties to be encountered in the matter of collection; (3) the complexity, expense, inconvenience and delay of litigation; and (4) the interest of creditors with deference to their reasonable expectations. See In re A&C Props., 784 F.2d 1377, 1381 (9th Cir. 1986). The listed factors assist the Court in determining "the fairness, reasonableness and adequacy of a proposed settlement agreement." Id.


    Regarding the first factor, Trustee asserts that probability of success in the litigation is uncertain. Trustee notes that liability is uncertain due to the nature of the claim and the resources of the defendant.


    Regarding the second factor, Trustee asserts that while there may not be any difficulties in collection, the costs of continuing the litigation may exceed any increase in the amount recovered.

    11:00 AM

    CONT...


    Earlene Larraine Brandon Aubrey


    Chapter 7

    Regarding the third factor, Trustee asserts that this factor weighs in favor of settlement because further prosecution would be complicated and possibly would entail significant motion practice.


    Regarding the fourth factor, Trustee asserts that the settlement of the claim enhances the value to the estate because it involves a guaranteed distribution while avoiding the risks of costly litigation.


    The Court notes that the motion does not contain any specific evidence that would enable the Court to assess the reasonableness of the settlement offered. The Court concludes, however, that the process by which the settlement was received, combined with the fact that it appears unsecured creditors will be paid in full, weigh in favor of granting the instant motion and approving the compromise.


    Additionally, the Court deems the absence of opposition to be consent to the relief requested pursuant to Local Rule 9013-1(h).


    TENTATIVE RULING



    The Court is inclined to GRANT the motion, APPROVING the compromise.


    APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


    Party Information

    Debtor(s):

    Earlene Larraine Brandon Aubrey Represented By

    Daniel King

    11:00 AM

    CONT...

    Movant(s):


    Earlene Larraine Brandon Aubrey


    Chapter 7

    Lynda T. Bui (TR) Represented By

    Cory Watson Attorneys

    Trustee(s):

    Lynda T. Bui (TR) Represented By

    Cory Watson Attorneys

    11:00 AM

    6:16-20298


    Donald Sutcliffe


    Chapter 7


    #3.00 CONT Motion to Approve $12,000 Credit to Buyer in Connection with Closing of Escrow


    From: 9/2/20 EH     

    Docket 146

    Tentative Ruling:

    9/2/2020


    BACKGROUND


    On November 18, 2016 ("Petition Date"), Donald Sutcliffe ("Debtor") filed a Chapter 7 voluntary petition. In Schedule C, Debtor claimed exemptions for (1) household goods and furnishing ($7,000) and (2) Subzero fridge ($2,000). There is not any objection to exemptions filed, and the deadline for filing such an objection has expired on 1/22/2017 pursuant to Federal Rules of Bankruptcy Procedure Rule 4003(b).


    From and after the Petition Date (which was almost four years ago), Debtor failed to make a single mortgage payment, property tax payment, or homeowners’ association payment regarding the real property commonly known as 51417 El Dorado Dr., La Quinta, CA ("Property"). On April 22, 2020, the Trustee filed a motion ("Sale Motion") for sale of the Property free and clear of all specified liens, claims, and interests, to David W. McQuade ("Buyer"). On May 5, 2020, Debtor filed a response to the Sale Motion requesting, among other things, that the Court set a move-out date of July 31, 2020. On May 19, 2020, the Court entered an order granting the Sale Motion ("Sale Order"), with Debtor’s proposed move-out date of July 31, 2020.

    11:00 AM

    CONT...


    Donald Sutcliffe


    Chapter 7

    Prior to the extended move-out date, Debtor began to neglect maintenance on the Property, and refused to comply with the Trustee’s reasonable requests. On July 10, 2020, the Trustee filed a motion to enforce turnover order and remove Debtor from the Property, as a result of Debtor’s refusal to comply. On July 17, 2020, the Court entered an order directing the Debtor to vacate the property by 9:00 a.m. on July 20, 2020 ("Final Turnover Order"). Paragraph 4 of the Final Turnover Order stated that "Debtor and any/all occupants shall not remove any fixtures or non-exempt personal property."


    The Trustee’s broker informed the Trustee that Debtor had removed (a) 48-inch Sub Zero brand refrigerator; (b) two automatic dishwashers; and (c) at least two wine coolers or wine refrigerators (the "Removed Property") from the Property. Upon confirmation that these appliances were removed, the Buyer sought a quote and negotiated with the Trustee for a buyer’s credit to defray the cost of the replacement appliances. Escrow closed on the week of August 3, 2020. In connection with closing, the Buyer received a credit of $12,000.


    On August 11, 2020, the Trustee filed this instant motion to approve $12,000 credit to the Buyer in connection with closing of escrow. On August 19, 2020, Debtor filed an opposition. On August 26, 2020, the Trustee filed a reply.


    DISCUSSION


    The Court’s Final Turnover Order stated that "Debtor and any/all occupants shall not remove any fixtures or non-exempt personal property." Per this order, two categories of property should not be removed: (1) fixtures and (2) non-exempt personal property. Here, the Court finds that the refrigerator and the two dishwashers are fixtures pursuant to California Civil Code section 660 but needs further evidence regarding the wine coolers to determine whether they should be deemed as fixtures.


    Section 660 of California Civil Code defines a "fixture" as follows:

    A thing is deemed to be affixed to land when it is attached to it by

    11:00 AM

    CONT...


    Donald Sutcliffe

    roots, as in the case of trees, vines, or shrubs; or imbedded in it, as in the case of walls; or permanently resting upon it, as in the case of buildings; or permanently attached to what is thus permanent, as by means of cement, plaster, nails, bolts, or screws; except that for the purposes of sale, emblements, industrial growing crops and things attached to or forming part of the land, which are agreed to be severed before sale or under the contract of sale, shall be treated as goods and be governed by the provisions of the title of this code regulating the sales of goods.


    Chapter 7



    Cal. Civ. Code § 660. Pursuant to Article 9 of the Uniform Commercial Code, fixtures are defined as goods that have become so related to particular real property that an interest in them arises under real property law. Unif. Commercial Code § 9-102. The California Residential Purchase Agreement at paragraph 8B(1) (C.A.R. Form RPA- CA, Revised 12/15) approved by the California Association of Realtors has a provision stating that "all existing fixtures and fittings that are attached to the property" are included in the sale to the buyer. C.A.R. Form RPA-CA, Revised 12/15. Common examples of what a fixture is in residential property include built-in cabinets, toilets, carpets, lighting, doors, sinks, counters, solar panels, heating units, air conditioning units, fireplaces, and built-in bookcases.


    Here, the evidence provided by the Trustee indicates that the refrigerator and the two dishwashers were build-ins. It appears that they were attached to walls and surrounded by cabinets. As to the wine coolers, it is not clear whether they were build-ins or free standing. Thus, further evidence is required for determining whether the wine coolers are fixtures.


    The Trustee through the motion and his declaration requests the Court (1) approve the

    $12,000 negotiated credit to the Buyer, and (2) issue an order to show cause re: civil contempt against Debtor and instruct him to compensate the Estate for the damages caused by the removal of the fixtures in violation of the Court’s Final Turnover Order.


    1. Credit of $12,000

      11:00 AM

      CONT...


      Donald Sutcliffe


      Chapter 7


      Section 363(b)(1) of the Bankrtupcy Code allows a trustee to sell property of the estate outside of the ordinary course, after notice and a hearing. A sale pursuant to § 363(b) requires a demonstration that the sale has a valid business justification. In re 240 North Brand Parners, Ltd., 200 B.R. 653, 659 (B.A.P. 9th Cir. 1996). "In approving any sale outside the ordinary course of business, the court must not only articulate a sufficient business reason for the sale, it must further find it is in the best interest of the estate, i.e. it is fair and reasonable, that it has been given adequate marketing, that it has been negotiated and proposed in good faith, that the purchaser is proceeding in good faith, and that it is an "arms-length" transaction." In re Wilde Horse Enters., Inc., 136 B.R. 830, 841 (Bankr. C.D. Cal.).


      The $12,000 negotiated credit to the Buyer is part of the sale transaction and the standard of business justification applies. The declaration of the Trustee contains evidence of the valuation of the Removed Property, indicating $12,000 is a fair value for the Removed Property. See Motion, Ex. 4. Moreover, the $12,000 credit was a result of arm-length negotiations between the Trustee and the Buyer. The Trustee also contends that this $12,000 credit may avoid re-starting the sale process and the risk of further deterioration to the Property.


      Debtor in the opposition [Docket # 155] argues that the Removed Property has little value because they are between 10 to 17 years old and unbranded. Especially, the wine cooler did not work at the time of the court order. Meanwhile, he argues that his ex- girlfriend sold the items to cover the expenses of moving out. These statements contradict with each other – the Removed Property with little value could be sold to cover expenses for moving out. Moreover, although Debtor disputes the valuation of the Removed Property, he failed to provide his own evidence of valuation and did not disclose how much proceeds the ex-girlfriend received from the sale of the Removed Property.


      Subject to a determination of the wine coolers being fixtures, the Court concludes that the Trustee has articulated an adequate business reason for this transaction, given that the $12,000 credit appears to be a good faith, arms-length transaction, and that this deal will avoid unnecessary administrative expenses.

      11:00 AM

      CONT...


      Donald Sutcliffe


      Chapter 7


    2. Order to Show Cause re: Civil Contempt against Debtor


    Along with the motion, the Trustee also submitted a declaration in lieu of a motion for order to show cause re: contempt against Debtor. The Trustee contends that the removal of those appliances is in contempt of the Final Turnover Order and caused at least $12,000 in direct damages to the estate. Moreover, a post-turnover inspection by the Trustee’s broker revealed that Debtor did not move out all of his personal items and left a substantial amount of trash on the Property. All of Debtor’s conducts caused unanticipated pre-closing costs to remedy damage of the Property and substantial attorneys’ fees and costs in this regard.


    It is uncontroverted that Debtor was aware of the Court’s Final Turnover Order. In the opposition, Debtor failed to provide any justification to explain the removal of these appliances. Thus, the Court is inclined to issue an OSC re civil contempt.


    TENTATIVE RULING



    The Court is inclined to CONTINUE for evidence as to the wine coolers being fixtures, and issue an OSC re civil contempt.


    APPEARANCES REQUIRED.

    Party Information

    Debtor(s):

    Donald Sutcliffe Pro Se

    Movant(s):

    John P Pringle (TR) Represented By

    D Edward Hays

    11:00 AM

    CONT...


    Trustee(s):


    Donald Sutcliffe


    David Wood Tinho Mang


    Chapter 7

    John P Pringle (TR) Represented By

    D Edward Hays David Wood Tinho Mang

    11:00 AM

    6:19-19856


    Robert Alan Sitarski and Heidi Ann Sitarski


    Chapter 7


    #4.00 Notice of Trustee's Final Report and Applications for Compensation EH     

    Docket 33


    Tentative Ruling:

    9/30/2020

    No opposition has been filed. Service was Proper.


    The applications for compensation of the Trustee has been set for hearing on the notice required by LBR 2016-1. Pursuant to the Trustee's Final Report, the Court is inclined to APPROVE the following administrative expenses:


    Trustee Fees: $ 1,260.10 Trustee Expenses: $ 20.00


    APPEARANCES WAIVED. If written or oral opposition is presented at the hearing, the hearing may be continued. Trustee to lodge order within 7 days.

    Party Information

    Debtor(s):

    Robert Alan Sitarski Represented By Edgar P Lombera

    Joint Debtor(s):

    Heidi Ann Sitarski Represented By Edgar P Lombera

    Trustee(s):

    Arturo Cisneros (TR) Pro Se

    11:00 AM

    6:20-14908


    Fury Investments, Inc. fdba Zelda's Nightclub


    Chapter 7


    #5.00 Chapter 7 Trustee's Motion for an Order: (1) Authorizing the Sale of California Liquor License; (2) Approving Overbid Procedures; and (3) Finding that Buyer is Entitled to § 363(m) Protection


    EH     


    Docket 17

    Tentative Ruling:

    9/30/2020

    BACKGROUND


    On July 20, 2020, Fury Investments, Inc. ("Debtor") filed a Chapter 7 voluntary petition. The only scheduled asset of the bankruptcy estate that was scheduled as having any value was a California liquor license (the "License"). Schedule B identified the value of the License as $28,500, and identified the License as being in escrow.


    On September 1, 2020, Trustee filed a motion for an order: (1) authorizing the sale of California liquor license; (2) approving overbid procedures; and (3) finding that buyer is entitled to § 363(m) protection. Trustee proposes to complete the sale that was already pending when the bankruptcy case was filed, and to sell the License to Bell Family Enterprises, Inc. ("Purchaser") for $28,500 .


    DISCUSSION

    11:00 AM

    CONT...


    Fury Investments, Inc. fdba Zelda's Nightclub

    1. Sale of Estate Property


      Chapter 7



      11 U.S.C. § 363(b)(1) allows a trustee to sell property of the estate outside of the ordinary course, after notice and a hearing. A sale pursuant to § 363(b) requires a demonstration that the sale has a valid business justification. In re 240 North Brand Parners, Ltd., 200 B.R. 653, 659 (B.A.P. 9th Cir. 1996). "In approving any sale outside the ordinary course of business, the court must not only articulate a sufficient business reason for the sale, it must further find it is in the best interest of the estate,

      i.e. it is fair and reasonable, that it has been given adequate marketing, that it has been negotiated and proposed in good faith, that the purchaser is proceeding in good faith, and that it is an "arms-length" transaction." In re Wilde Horse Enters., Inc., 136 B.R. 830, 841 (Bankr. C.D. Cal.).


      Here, because the sale of the License had already been arranged at the time Debtor filed bankruptcy, it does not appear that any meaningful marketing took place after the bankruptcy was filed, and the motion is largely silent regarding the sale process. The Court does note that Trustee’s declaration states "I have been informed that the going rate for the Liquor License in the Los Angeles County area of the type being marketed by Trustee is approximately $28,500," [Dkt. No. 17, pg. 10, ¶ 8] although the Court does not consider this evidence to be adequate to establish fair market value.


      While the Court can conclude that Trustee has articulated a sufficient business reason for the sale (i.e. the asset is unencumbered and unexempt), Trustee has not provided any material evidence tending to establish that that the proposed sale is in the best interests of the estate. To satisfy this requirement, the Court will require either evidence regarding the marketing of the License, or competent evidence establishing the fair market value of the License.


    2. Miscellaneous Provisions


    Assuming that Trustee can establish that the proposed sale is in the best interests of

    11:00 AM

    CONT...


    Fury Investments, Inc. fdba Zelda's Nightclub


    Chapter 7

    the estate, the Court has reviewed the remainder of Trustee’s miscellaneous requests and finds those requests proper. The Court has reviewed the proposed overbidding procedures and finds such procedures to be reasonable. The Court has also reviewed the declaration of Purchaser, and finds the declaration sufficient for a determination that Purchaser is a good faith purchaser pursuant to 11 U.S.C. § 363 (m).


    TENTATIVE RULING



    Trustee to provide information regarding the marketing and fair market value of the License.


    APPEARANCES REQUIRED.


    Party Information

    Debtor(s):

    Fury Investments, Inc. fdba Zelda's Represented By

    Jenny L Doling

    Movant(s):

    Howard B Grobstein (TR) Represented By

    Ori S Blumenfeld

    Trustee(s):

    Howard B Grobstein (TR) Represented By

    Ori S Blumenfeld

    11:00 AM

    6:20-16018


    Perry A Covello and Tia Lia Covello


    Chapter 13


    #5.10 CONT Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate


    MOVANT: PERRY A COVELLO AND TIA LIA COVELLO


    From: 9/29/20 EH     


    Docket 10


    Tentative Ruling:

    9/29/2020


    Service: Proper Opposition: No


    Debtor had a previous case dismissed on April 2, 2020. Therefore, pursuant to § 362(c)(3)(A), the automatic stay in the instant case terminates on the thirtieth (30th) day following the petition date.


    11 U.S.C. § 362(c)(3)(C)(i)(II)(aa) provides for a presumption that this case was filed in bad faith as to all creditors because Debtor’s previous case was dismissed for failure to file the mortgage declaration as required by the Court. The presumption also exists if there is no "substantial change in the financial or personal affairs of the Debtor." 11 U.S.C. § 362(c)(3)(C)(i)(III). Therefore, pursuant to 11 U.S.C. § 362(c) (3)(B)-(C), Debtor must rebut this statutory presumption by providing "clear and convincing" evidence to the contrary.


    Here, Debtor claims that the plan will be a hundred percent (100%) repayment plan as evidence that the case was filed in good faith. However, it does not appear that there was any substantial change in the affairs of the Debtor, as the Debtor has not submitted any evidence. To properly determine whether Debtor is likely to

    11:00 AM

    CONT...


    Perry A Covello and Tia Lia Covello


    Chapter 13

    successfully complete his Chapter 13 plan, the Court requires more evidence and further explanation. Pending further submissions, the Court is inclined to:

    -DENY continuing the automatic stay. APPEARANCES REQUIRED.

    Party Information

    Debtor(s):

    Perry A Covello Represented By Gary S Saunders

    Joint Debtor(s):

    Tia Lia Covello Represented By Gary S Saunders

    Movant(s):

    Perry A Covello Represented By Gary S Saunders

    Tia Lia Covello Represented By Gary S Saunders

    Trustee(s):

    Rod Danielson (TR) Pro Se

    12:00 PM

    6:20-16468


    Ana Veronica Cortez Moran


    Chapter 7


    #5.20 Application for Approval of Fee Waiver


    Docket 0


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Ana Veronica Cortez Moran Pro Se

    Trustee(s):

    Lynda T. Bui (TR) Pro Se

    2:00 PM

    6:13-27344


    Douglas J Roger, MD, Inc., A Professional Corporat


    Chapter 7

    Adv#: 6:15-01308 Revere Financial Corporation v. BWI CONSULTING, LLC et al


    #6.00 CONT Status Conference RE: [1] Adversary case 6:15-ap-01308. Complaint by

    A. Cisneros against BWI CONSULTING, LLC, Black and White, Inc., BLACK AND WHITE BILLING COMPANY, BLACK AND WHITE INK, MEHRAN DEVELOPMENT CORPORATION. (Charge To Estate $350). for Avoidance, Recovery, and Preservation of Preferential and Fraudulent Transfers (with Adversary Proceeding Cover Sheet) Nature of Suit: (12 (Recovery of money/property - 547 preference)),(14 (Recovery of money/property - other))


    From: 1/13/16, 3/23/16, 5/25/16, 7/27/16, 8/31/16, 11/2/16, 2/1/17, 5/3/17, 9/13/17, 12/13/17, 2/14/18, 5/16/18, 6/11/18, 8/22/18, 11/28/18, 2/27/19,

    5/29/19, 8/28/19, 11/20/19, 1/29/20, 5/27/20, 7/29/20


    EH     


    Docket 1

    *** VACATED *** REASON: ORDER CONTINUING STATUS CONFERNCE TO 11/25/20 @ 2:00 P.M. ENTERED ON 9/24/20 (DOC. 92 )

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Douglas J Roger, MD, Inc., A Represented By Summer M Shaw Michael S Kogan George Hanover

    Defendant(s):

    BWI CONSULTING, LLC Pro Se

    Black and White, Inc. Pro Se

    BLACK AND WHITE BILLING Pro Se

    BLACK AND WHITE INK Pro Se

    2:00 PM

    CONT...


    Douglas J Roger, MD, Inc., A Professional Corporat


    Chapter 7

    MEHRAN DEVELOPMENT Pro Se

    Plaintiff(s):

    Revere Financial Corporation Represented By Franklin R Fraley Jr

    Trustee(s):

    Arturo Cisneros (TR) Represented By Chad V Haes

    D Edward Hays Franklin R Fraley Jr

    2:00 PM

    6:13-27344


    Douglas J Roger, MD, Inc., A Professional Corporat


    Chapter 7

    Adv#: 6:15-01307 Revere Financial Corporation v. OIC MEDICAL CORPORATION, a


    #7.00 CONT Status Conference RE: [1] Adversary case 6:15-ap-01307. Complaint by

    A. Cisneros against OIC MEDICAL CORPORATION, a California corporation, LIBERTY ORTHOPEDIC CORPORATION, a California corporation, UNIVERSAL ORTHOPAEDIC GROUP, a California corporation. (Charge To Estate $350). for Avoidance, Recovery, and Preservation of Preferential and Fraudulent Transfers (with Adversary Proceeding Cover Sheet) Nature of Suit: (12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other))


    From: 12/30/15, 2/24/16, 4/13/16, 6/22/16, 8/24/16, 11/2/16, 2/1/17, 3/8/17, 7/12/17, 9/13/17, 11/15/17, 2/14/18, 5/16/18, 7/25/18, 8/22/18, 10/31/18,

    11/14/18, 12/12/18, 12/19/18, 3/27/19, 6/12/19, 7/31/19, Advanced 3/4/20,

    11/20/19, 1/29/20, 5/27/20, 7/29/20


    EH     


    Docket 1

    *** VACATED *** REASON: ORDER CONTINUING STATUS CONFERENCE TO 11/25/20 @ 2:00 P.M. ENTERED ON 9/24/20 (DOC. 165 )

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Douglas J Roger, MD, Inc., A Represented By Summer M Shaw Michael S Kogan George Hanover

    Defendant(s):

    OIC MEDICAL CORPORATION, a Represented By

    Misty A Perry Isaacson

    2:00 PM

    CONT...


    Douglas J Roger, MD, Inc., A Professional Corporat


    Chapter 7

    LIBERTY ORTHOPEDIC Represented By

    Misty Perry Isaacson Misty A Perry Isaacson

    UNIVERSAL ORTHOPAEDIC Represented By

    Misty Perry Isaacson Misty A Perry Isaacson

    Plaintiff(s):

    Revere Financial Corporation Represented By Franklin R Fraley Jr

    Trustee(s):

    Arturo Cisneros (TR) Represented By Chad V Haes

    D Edward Hays Franklin R Fraley Jr

    2:00 PM

    6:13-27611


    Douglas Jay Roger


    Chapter 7

    Adv#: 6:16-01163 Revere Financial Corporation v. Burns


    #8.00 CONT Pre-Trial Conference RE: [1] Adversary case 6:16-ap-01163. Complaint by Revere Financial Corporation against Don C. Burns. (12 (Recovery of money/property - 547 preference)),(11 (Recovery of money/property - 542 turnover of property)),(14 (Recovery of money/property - other)),(91 (Declaratory judgment))(Fraley, Franklin)


    From: 8/31/16, 11/2/16, 1/11/17, 3/8/17, 6/7/17, 8/2/17, 8/23/17, 11/8/17, 1/31/18, 4/25/18, 2/27/18, 6/12/19, 1/29/20, 5/27/20


    EH     


    Docket 1

    *** VACATED *** REASON: CONTINUED TO 11/25/20 AT 2:00 P.M.

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Douglas Jay Roger Represented By Summer M Shaw Marc C Forsythe

    Defendant(s):

    Don Cameron Burns Represented By Don C Burns

    Plaintiff(s):

    Revere Financial Corporation Represented By Franklin R Fraley Jr

    Trustee(s):

    Helen R. Frazer (TR) Represented By Arjun Sivakumar

    2:00 PM

    CONT...


    Douglas Jay Roger


    Carmela Pagay Franklin R Fraley Jr


    Chapter 7

    2:00 PM

    6:13-27611


    Douglas Jay Roger


    Chapter 7

    Adv#: 6:14-01248 Revere Financial Corporation, a California corpora v. Roger, MD


    #9.00 CONT Status Conference RE: Amended Complaint (First) by Revere Financial Corporation and Jerry Wang, as State-Court Appointed Receiver by Franklin R Fraley Jr on behalf of Revere Financial Corporation, a California corporation against Revere Financial Corporation, a California corporation. (Attachments: # 1 Exhibit 1-8)


    From: 4/25/18, 6/13/18, 8/22/18, 10/31/18, 7/31/19, 9/11/19, 11/20/19, 1/29/20, 5/27/20, 7/29/20


    EH     


    Docket 82

    *** VACATED *** REASON: ORDER APPROVING STIPULATION TO CONTINUE STATUS CONFERENCE TO 11/25/20 @ 2:00 P.M. ENTERED ON 9/24/20 (DOC. 179 )

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Douglas Jay Roger Represented By Summer M Shaw Marc C Forsythe

    Defendant(s):

    Douglas J Roger MD Represented By Summer M Shaw Thomas J Eastmond Marc C Forsythe

    Plaintiff(s):

    Revere Financial Corporation, a Represented By Franklin R Fraley Jr

    2:00 PM

    CONT...


    Douglas Jay Roger


    Chapter 7

    Jerry Wang Represented By

    Franklin R Fraley Jr Anthony J Napolitano

    Trustee(s):

    Helen R. Frazer (TR) Represented By Arjun Sivakumar Carmela Pagay

    Franklin R Fraley Jr

    2:00 PM

    6:13-27611


    Douglas Jay Roger


    Chapter 7


    #10.00 CONT Objection to Claim #17 by Revere Financial Corporation

    (Holding date)


    From: 10/1/14, 11/5/14, 12/3/14, 12/15/14, 1/28/15, 4/15/15, 7/22/15, 9/23/15, 10/21/15, 11/18/15, 12/16/15, 1/13/16, 3/2/16, 5/4/16, 6/1/16, 9/28/16, 11/16/16,

    2/1/17, 2/16/17, 5/3/17, 6/14/17, 6/28/17, 9/20/17, 3/21/18, 6/27/18, 12/19/18,

    3/27/19, 5/8/19, 6/12/19, 7/31/19, 1/29/20, 5/27/20, 7/29/20


    EH        


    Docket 333

    *** VACATED *** REASON: ORDER APPROVING STIPULATION TO CONTINUE TO 11/25/20 @ 2:00 P.M. ENTERED ON 9/24/20 (DOC. 1056)

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Douglas Jay Roger Represented By Summer M Shaw Marc C Forsythe

    Trustee(s):

    Helen R. Frazer (TR) Represented By Arjun Sivakumar Carmela Pagay

    Franklin R Fraley Jr

    2:00 PM

    6:15-14230


    Home Security Stores, Inc.


    Chapter 7

    Adv#: 6:17-01085 PRINGLE v. Winn et al


    #11.00 CONT Status Conference RE: [1] Adversary case 6:17-ap-01085. Complaint by JOHN P PRINGLE against Ralph Winn. (Charge To Estate - $350.00). and other Defendants including DOES 1-25 Nature of Suit: 12 - Recovery of money/property - 547 preference, 13-Recovery of money/property - 548 fraudulent transfer, 21-Validity, priority or extent of lien or other interest in property,14 - Recovery of money/property - other, 91- Declaratory judgment) (Dismissed as to Ralph & Stacy Winn - 4/3/20)


    From: 7/12/17, 8/23/17, 10/25/17, 5/16/18, 6/27/18, 9/26/18, 1/23/19, 3/27/19, 6/26/19, 10/16/19, 1/15/20, 4/8/20, 4/29/20, 7/1/20, 9/2/20


    EH     


    Docket 1


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Home Security Stores, Inc. Represented By Winfield S Payne III

    Defendant(s):

    Sterling Security Service, Inc. Pro Se

    Natalia V Knoch Pro Se

    Steven B Knoch Pro Se

    Stacy Winn Represented By

    Douglas A Plazak

    Ralph Winn Represented By

    Douglas A Plazak

    2:00 PM

    CONT...


    Home Security Stores, Inc.


    Chapter 7

    Plaintiff(s):

    JOHN P PRINGLE Represented By Charity J Manee Robert P Goe

    Trustee(s):

    John P Pringle (TR) Represented By Robert P Goe Charity J Manee

    2:00 PM

    6:16-14273


    Allied Injury Management, Inc.


    Chapter 11

    Adv#: 6:16-01279 Allied Injury Management, Inc. v. One Stop Multi-Specialty Medical Group


    #12.00 CONT Status Conference RE: [1] Adversary case 6:16-ap-01279. Complaint by Allied Injury Management, Inc. against One Stop Multi-Specialty Medical Group & Therapy, Inc., One Stop Multi-Specialty Medical Group, Inc., Nor Cal Pain Management Medical Group, Inc.. (Charge To Estate). Complaint for (1) Breach of Contract; (2) Account Stated; and (3) Unjust Enrichment Nature of Suit: (14 (Recovery of money/property - other))


    From: 1/24/17, 3/7/17, 4/25/17, 6/27/17, 7/11/17, 9/12/17, 11/14/17, 11/28/17, 1/30/18, 4/10/18, 4/24/18, 6/26/18, 9/25/18, 11/27/18, 2/26/19, 4/10/19, 6/12/19,

    8/28/19, 11/6/19, 2/12/20, 2/19/20, 4/29/20, 7/29/20


    EH     


    Docket 1


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Allied Injury Management, Inc. Represented By Alan W Forsley

    Defendant(s):

    One Stop Multi-Specialty Medical Represented By

    Maria K Pum Maria C Armenta

    One Stop Multi-Specialty Medical Represented By

    Maria K Pum Maria C Armenta

    Nor Cal Pain Management Medical Represented By

    Maria K Pum Maria C Armenta

    2:00 PM

    CONT...


    Allied Injury Management, Inc.


    Chapter 11

    Plaintiff(s):

    Allied Injury Management, Inc. Represented By Alan W Forsley

    Trustee(s):

    David M Goodrich (TR) Represented By Mark S Horoupian Jason Balitzer Victor A Sahn Steven Werth

    2:00 PM

    6:16-14273


    Allied Injury Management, Inc.


    Chapter 11

    Adv#: 6:16-01225 Cambridge Medical Funding Group II, LLC v. Allied Injury Management,


    #13.00 CONT Status Conference Re: Complaint by Cambridge Medical Funding Group II, LLC against Allied Injury Management, Inc., John C. Larson. 02 - Other e.g. other actions that would have been brought in state court if unrelated to bankruptcy

    HOLDING DATE


    From: 11/1/16, 12/6/16, 1/31/17, 2/28/17, 3/28/17, 5/30/17, 8/29/17, 10/3/17, 11/28/17, 1/30/18, 4/10/18, 4/24/18, 6/26/18, 9/25/18, 11/27/18, 2/26/19,

    4/10/19, 6/12/19, 8/28/19, 11/6/19, 2/12/20, 3/4/20, 4/29/20, 7/29/20


    EH     


    Docket 1


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Allied Injury Management, Inc. Represented By Alan W Forsley

    Defendant(s):

    Allied Injury Management, Inc. Represented By Alan W Forsley

    John C. Larson Pro Se

    Plaintiff(s):

    Cambridge Medical Funding Group Represented By

    Kenneth Hennesay

    Trustee(s):

    David M Goodrich (TR) Represented By

    2:00 PM

    CONT...


    Allied Injury Management, Inc.


    Mark S Horoupian Jason Balitzer Victor A Sahn Steven Werth


    Chapter 11

    2:00 PM

    6:16-14273


    Allied Injury Management, Inc.


    Chapter 11


    #14.00 CONT First Omnibus Objection of Debtor-In-Possession Allied Injury Management, Inc. Seeking Disallowance of Certain Proofs of Claim (Holding Date)


    From: 11/8/16, 12/6/16, 1/10/17, 3/7/17,4/4/17, 4/25/17, 6/27/17, 7/11/17, 9/12/17, 11/14/17, 11/28/17, 1/30/18, 4/10/18, 4/24/18, 6/26/18, 9/25/18,

    11/27/18, 2/26/19, 4/10/19, 6/12/19, 8/28/19, 11/6/19, 2/12/20, 2/19/20, 4/29/20,

    7/29/20


    EH     


    Docket 83


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Allied Injury Management, Inc. Represented By Alan W Forsley

    Movant(s):

    Allied Injury Management, Inc. Represented By Alan W Forsley

    Trustee(s):

    David M Goodrich (TR) Represented By Mark S Horoupian Jason Balitzer Victor A Sahn Steven Werth

    2:00 PM

    6:16-14273


    Allied Injury Management, Inc.


    Chapter 11


    #15.00 CONT Order (1) Setting Scheduling Hearing And Case Management Conference And (2) Requiring Status Report


    From: 6/7/16, 8/30/16, 9/14/16, 10/20/16, 10/25/16, 12/6/16, 1/10/17, 2/28/17, 3/28/17, 5/30/17, 8/29/17, 11/28/17, 1/30/18, 4/10/18, 4/24/18, 6/26/18, 9/25/18,

    11/27/18, 2/26/19, 4/10/19, 6/12/19, 8/28/19, 11/6/19, 2/12/20, 2/19/20, 4/29/20,

    7/29/20


    Also # EH     

    Docket 7


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Allied Injury Management, Inc. Represented By Alan W Forsley

    Trustee(s):

    David M Goodrich (TR) Represented By Mark S Horoupian Jason Balitzer Victor A Sahn Steven Werth

    2:00 PM

    6:16-14273


    Allied Injury Management, Inc.


    Chapter 11

    Adv#: 6:18-01109 David M. Goodrich, Chapter 11 Trustee v. Titanium Resource Company,


    #16.00 CONT Status Conference Re: Complaint by David M. Goodrich, Chapter 11 Trustee against Titanium Resource Company, Inc., a California corporation. (Charge To Estate $350.00). Complaint for Avoidance of Preferential and Fraudulent Transfers, Recovery of Transferred Property or Value Thereof, Preservation of Avoided Transfers and Adversary Proceeding Cover Sheet Nature of Suit: 12 - Recovery of money/property - 547 - preference,13 Recovery of money/property - 548 fraudulent transfer


    From: 7/10/18, 8/21/18, 10/30/18, 1/15/19, 4/10/19, 6/12/19, 8/28/19, 11/6/19, 2/12/20, 2/19/20, 4/29/20, 7/20/20


    EH     


    Docket 1


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Allied Injury Management, Inc. Represented By Alan W Forsley

    Defendant(s):

    Titanium Resource Company, Inc., a Represented By

    Alan W Forsley

    Plaintiff(s):

    David M. Goodrich, Chapter 11 Represented By Steven Werth

    Trustee(s):

    David M Goodrich (TR) Represented By Mark S Horoupian

    2:00 PM

    CONT...


    Allied Injury Management, Inc.


    Jason Balitzer Victor A Sahn Steven Werth


    Chapter 11

    2:00 PM

    6:16-14273


    Allied Injury Management, Inc.


    Chapter 11

    Adv#: 6:18-01110 David M. Goodrich, Chapter 11 Trustee v. Larson, D.C., an individual


    #17.00 CONT Status Conference Re: Complaint by David M. Goodrich, Chapter 11 Trustee against John Larson, D.C., an individual. (Charge To Estate). Complaint for Avoidance of Preferential and Fraudulent Transfers, Recovery of Transferred Property or Value Thereof, Preservation of Avoided Transfers, Avoidance of Improper Distributions, and Unjust Enrichment and Adversary Proceeding Cover Sheet Nature of Suit: 12 - Recovery of money/property - 547 preference, 13- Recovery of money/property - 548 fraudulent transfer


    From: 7/10/18, 8/21/18, 10/30/18, 1/15/19, 4/10/19, 6/12/19, 8/28/19, 11/6/19, 2/12/20, 2/19/20, 4/29/20, 7/29/20


    EH     


    Docket 1


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Allied Injury Management, Inc. Represented By Alan W Forsley

    Defendant(s):

    John Larson, D.C., an individual Represented By

    Alan W Forsley

    Plaintiff(s):

    David M. Goodrich, Chapter 11 Represented By Steven Werth

    Trustee(s):

    David M Goodrich (TR) Represented By Mark S Horoupian

    2:00 PM

    CONT...


    Allied Injury Management, Inc.


    Jason Balitzer Victor A Sahn Steven Werth


    Chapter 11

    2:00 PM

    6:16-14273


    Allied Injury Management, Inc.


    Chapter 11

    Adv#: 6:18-01114 David M. Goodrich, Chapter 11 Trustee v. The Blue Law Group, Inc, a


    #18.00 CONT Status Conference RE: [1] Adversary case 6:18-ap-01114. Complaint by David M. Goodrich, Chapter 11 Trustee against The Blue Law Group, Inc, a California corporation. (Charge To Estate $350.00). Complaint for Avoidance and Recovery of Preferential Transfers Pursuant to 11 U.S.C. §§ 547(b), 550 and 551 and Adversary Proceeding Cover Sheet Nature of Suit: (12 (Recovery of money/property - 547 preference)) (Werth, Steven)


    From: 7/10/18, 2/27/19, 6/12/19, 8/28/19, 11/6/19, 2/12/20, 2/19/20, 4/29/20, 7/29/20


    EH     


    Docket 1


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Allied Injury Management, Inc. Represented By Alan W Forsley

    Defendant(s):

    The Blue Law Group, Inc, a Represented By Michael K Blue

    Plaintiff(s):

    David M. Goodrich, Chapter 11 Represented By Steven Werth Mark S Horoupian

    Trustee(s):

    David M Goodrich (TR) Represented By Mark S Horoupian

    2:00 PM

    CONT...


    Allied Injury Management, Inc.


    Jason Balitzer Victor A Sahn Steven Werth


    Chapter 11

    2:00 PM

    6:16-20298


    Donald Sutcliffe


    Chapter 7


    #19.00 CONT Motion RE: Objection to Claim Number 3 by Claimant United States of America, Department of the Treasury, Internal Revenue Service


    From: 8/19/20 EH     

    Docket 114


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Donald Sutcliffe Pro Se

    Movant(s):

    Donald Sutcliffe Pro Se

    Trustee(s):

    John P Pringle (TR) Represented By

    D Edward Hays David Wood Tinho Mang

    2:00 PM

    6:16-20298


    Donald Sutcliffe


    Chapter 7

    Adv#: 6:20-01114 Sutcliffe v. Internal Revenue Service et al


    #20.00 CONT Motion to Dismiss Plaintiff's Adversary Complaint From: 8/19/20

    Also #21-22 EH         


    Docket 6

    *** VACATED *** REASON: NOTICE OF VOLUNTARY DISMISSAL FILED 9/15/20 (DOC. 22)

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Donald Sutcliffe Pro Se

    Defendant(s):

    Internal Revenue Service Represented By Gavin L Greene

    Canadian Revenue Agency Pro Se

    JOHN PRINGLE Represented By

    D Edward Hays Tinho Mang

    UNITED STATES OF AMERICA Represented By

    Gavin L Greene

    Movant(s):

    Internal Revenue Service Represented By Gavin L Greene

    2:00 PM

    CONT...


    Donald Sutcliffe


    Chapter 7

    Plaintiff(s):

    Donald John Sutcliffe Represented By Michael Jones

    Trustee(s):

    John P Pringle (TR) Represented By

    D Edward Hays David Wood Tinho Mang

    2:00 PM

    6:16-20298


    Donald Sutcliffe


    Chapter 7

    Adv#: 6:20-01114 Sutcliffe v. Internal Revenue Service et al


    #21.00 CONT Motion to Dismiss Complaint Under FRCP 12(b)(1), 12(b)(6) From: 8/19/20

    Also #20, 22 EH      

    Docket 8

    *** VACATED *** REASON: NOTICE OF VOLUNTARY DISMISSAL FILED 9/15/20 (DOC. 22)

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Donald Sutcliffe Pro Se

    Defendant(s):

    Internal Revenue Service Represented By Gavin L Greene

    Canadian Revenue Agency Pro Se

    JOHN PRINGLE Represented By

    D Edward Hays Tinho Mang

    UNITED STATES OF AMERICA Represented By

    Gavin L Greene

    Movant(s):

    JOHN PRINGLE Represented By

    D Edward Hays Tinho Mang

    2:00 PM

    CONT...


    Donald Sutcliffe


    Chapter 7

    Plaintiff(s):

    Donald John Sutcliffe Represented By Michael Jones

    Trustee(s):

    John P Pringle (TR) Represented By

    D Edward Hays David Wood Tinho Mang

    2:00 PM

    6:16-20298


    Donald Sutcliffe


    Chapter 7

    Adv#: 6:20-01114 Sutcliffe v. Internal Revenue Service et al


    #22.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01114. Complaint by Donald John Sutcliffe against Internal Revenue Service, Canadian Revenue Agency, JOHN PRINGLE. (Fee Not Required). Nature of Suit: (21 (Validity, priority or extent of lien or other interest in property)),(66 (Dischargeability - 523(a)(1),(14),(14A) priority tax claims)),(91 (Declaratory judgment)) (Talkov, Scott)


    From: 8/19/20 Also #20-21 EH     

    Docket 1

    *** VACATED *** REASON: NOTICE OF VOLUNTARY DISMISSAL FILED 9/15/20 (DOC. 22)

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Donald Sutcliffe Pro Se

    Defendant(s):

    UNITED STATES OF AMERICA Represented By

    Gavin L Greene

    Internal Revenue Service Represented By Gavin L Greene

    Canadian Revenue Agency Pro Se

    JOHN PRINGLE Represented By

    D Edward Hays Tinho Mang

    2:00 PM

    CONT...


    Donald Sutcliffe


    Chapter 7

    Plaintiff(s):

    Donald John Sutcliffe Represented By Michael Jones

    Trustee(s):

    John P Pringle (TR) Represented By

    D Edward Hays David Wood Tinho Mang

    2:00 PM

    6:17-20092


    Mark Bastorous


    Chapter 7

    Adv#: 6:18-01064 Gerges et al v. Bastorous et al


    #23.00 CONT Pre-Trial Re: Adversary case 6:18-ap-01064. Complaint by Mona Gerges, Rafet Gerges, St. Mary Properties, LLC against Mark Bastorous, Bernadette Shenouda. 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


    From: 5/9/18, 5/16/18, 7/11/18, 8/22/18, 10/31/18, 11/14/18, 1/30/19, 2/27/19, 6/12/19, 7/10/19, 1/15/20, 4/22/20


    EH     


    Docket 1

    *** VACATED *** REASON: ORDER GRANTING STIPULATION TO CONTINUE PRE-TRIAL CONFERENCE TO 11/18/20 ENTERED ON 9/24/20 (DOC. 73)

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Mark Bastorous Represented By Thomas F Nowland

    Defendant(s):

    Mark Bastorous Represented By Thomas F Nowland

    Bernadette Shenouda Represented By Thomas F Nowland

    Joint Debtor(s):

    Bernadette Shenouda Represented By Thomas F Nowland

    2:00 PM

    CONT...


    Mark Bastorous


    Chapter 7

    Plaintiff(s):

    Rafat Gerges Represented By

    Louis J Esbin

    St. Mary Properties, LLC Represented By Louis J Esbin

    Mona Gerges Represented By

    Louis J Esbin

    Trustee(s):

    John P Pringle (TR) Represented By David M Goodrich Reem J Bello

    2:00 PM

    6:17-20092


    Mark Bastorous


    Chapter 7

    Adv#: 6:20-01126 Pringle v. Botors


    #24.00 Status Conference RE: [1] Adversary case 6:20-ap-01126. Complaint by John P. Pringle against Emad Khalifa Botors. (Charge To Estate). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other))


    EH        


    Docket 1


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Mark Bastorous Represented By Thomas F Nowland

    Defendant(s):

    Emad Khalifa Botors Pro Se

    Joint Debtor(s):

    Bernadette Shenouda Represented By Thomas F Nowland

    Plaintiff(s):

    John P. Pringle Represented By David M Goodrich

    2:00 PM

    CONT...

    Trustee(s):


    Mark Bastorous


    Chapter 7

    John P Pringle (TR) Represented By David M Goodrich Reem J Bello

    2:00 PM

    6:17-20092


    Mark Bastorous


    Chapter 7

    Adv#: 6:20-01127 Pringle v. Awad


    #25.00 Status Conference RE: [1] Adversary case 6:20-ap-01127. Complaint by John P. Pringle against Amir Maher Guirgus Awad. (Charge To Estate). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other))


    EH         


    Docket 1


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Mark Bastorous Represented By Thomas F Nowland

    Defendant(s):

    Amir Maher Guirgus Awad Represented By Scott Talkov

    Joint Debtor(s):

    Bernadette Shenouda Represented By Thomas F Nowland

    Plaintiff(s):

    John P. Pringle Represented By David M Goodrich

    2:00 PM

    CONT...

    Trustee(s):


    Mark Bastorous


    Chapter 7

    John P Pringle (TR) Represented By David M Goodrich Reem J Bello

    2:00 PM

    6:17-20092


    Mark Bastorous


    Chapter 7

    Adv#: 6:20-01076 Pringle v. John 20/20 Enterprises, Inc. et al


    #26.00 Motion to Dismiss Adversary Proceeding EH     

    Docket 18

    *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/14/20

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Mark Bastorous Represented By Thomas F Nowland

    Defendant(s):

    Amir Maher Guirguis Awad Represented By Scott Talkov

    Christopher M Kiernan

    John 20/20 Enterprises, Inc. Represented By Michael A Corfield

    Joint Debtor(s):

    Bernadette Shenouda Represented By Thomas F Nowland

    Movant(s):

    Amir Maher Guirguis Awad Represented By Scott Talkov

    Christopher M Kiernan

    Plaintiff(s):

    John P. Pringle Represented By

    2:00 PM

    CONT...


    Trustee(s):


    Mark Bastorous


    David M Goodrich


    Chapter 7

    John P Pringle (TR) Represented By David M Goodrich Reem J Bello

    2:00 PM

    6:17-20092


    Mark Bastorous


    Chapter 7

    Adv#: 6:20-01127 Pringle v. Awad


    #27.00 Motion to Dismiss Adversary Proceeding EH     

    Docket 5

    *** VACATED *** REASON: ORDER APPROVING STIPULATION TO CONTINUE HEARING TO 1/13/21 @ 2:00 P.M. ENTERED ON 9/24/20 (DOC. 13 )

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Mark Bastorous Represented By Thomas F Nowland

    Defendant(s):

    Amir Maher Guirgus Awad Represented By Scott Talkov

    Joint Debtor(s):

    Bernadette Shenouda Represented By Thomas F Nowland

    Movant(s):

    Amir Maher Guirgus Awad Represented By Scott Talkov

    Plaintiff(s):

    John P. Pringle Represented By David M Goodrich

    2:00 PM

    CONT...

    Trustee(s):


    Mark Bastorous


    Chapter 7

    John P Pringle (TR) Represented By David M Goodrich Reem J Bello

    2:00 PM

    6:17-20092


    Mark Bastorous


    Chapter 7

    Adv#: 6:18-01063 Chen et al v. Bastorous et al


    #28.00 CONT Pre-Trial Conference RE: [5] Amended Complaint by Douglas L Mahaffey on behalf of Chienan Chen, Chun-Wu Li against Bernadette Shenouda, 3 Columnar Ladera LLC, Mike Bareh, Mark Bastorous, MB Capital Group LLC.

    (Dismissed as to Mike Bareh 9/4/18) (Dismissed as to Bernadette Shenouda 1/2/19) HOLDING DATE


    From: 5/9/18, 6/6/18, 8/22/18, 10/31/18, 2/27/19, 6/12/19, 1/15/20, 3/4/20, 3/18/20, 7/15/20, 7/29/20, 8/26/20


    EH     


    Docket 5


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Mark Bastorous Represented By Thomas F Nowland

    Defendant(s):

    3 Columnar Ladera LLC Pro Se

    Mike Bareh Represented By

    Mirco J Haag Jason E Goldstein

    MB Capital Group LLC Pro Se

    Bernadette Shenouda Represented By Thomas F Nowland Douglas L Mahaffey

    2:00 PM

    CONT...


    Mark Bastorous


    Chapter 7

    Mark Bastorous Represented By Thomas F Nowland Douglas L Mahaffey

    Joint Debtor(s):

    Bernadette Shenouda Represented By Thomas F Nowland

    Plaintiff(s):

    Chun-Wu Li Represented By

    Douglas L Mahaffey

    Chienan Chen Represented By Douglas L Mahaffey

    Trustee(s):

    John P Pringle (TR) Represented By David M Goodrich Reem J Bello

    2:00 PM

    6:19-10556


    Timothy Mark Aitken


    Chapter 7

    Adv#: 6:20-01022 Grobstein v. Aitken


    #29.00 CONT Motion for Default Judgment against defendant Alicia Aitken From: 7/1/20, 8/19/20

    Also #30 EH     

    Docket 12

    Tentative Ruling:

    7/1/2020

    BACKGROUND

    On January 23, 2019, Timothy & Esmeralda Aitken ("Debtors") filed a pro se Chapter 7 voluntary petition. On April 19, 2019, Trustee filed a notice of assets. On May 1, 2019, Debtors filed an amended Schedule C claiming as exempt equity in real property located at 6919 Elmwood Rd., San Bernardino, CA (the "Property") transferred in 2017. On February 28, 2020, Trustee filed a motion to extent time to objection to Debtors’ claimed exemption. On April 7, 2020, the Court entered an order extending the deadline to object to Debtors’ claimed exemption until October 3, 2020.

    On March 3, 2020, Trustee filed a complaint against Alicia Aitken ("Defendant"), Debtors’ daughter, for avoidance and recovery of fraudulent transfer. On April 14, 2020, default was entered against Defendant. On June 9, 2020, Trustee filed a motion for default judgment.

    2:00 PM

    CONT...

    Timothy Mark Aitken

    Chapter 7

    Trustee’s complaint relates to the sale of the Property from Debtors to Defendant on August 31, 2017. Trustee notes that the settlement statement for the sale includes a notation for a gift of equity in the amount of $29,310. It appears from the information provided to the Court that the sale involved Defendant taking out a loan in the amount of $195,400 and paying off the existing mortgage on the Property as well as all costs of sale. After payment of those items, it appears that Defendant retained $29,310 of the remaining $32,551.56 in loan proceeds, with the balance going to Debtors. Trustee then sued Defendant to recover the $29,310.

    DISCUSSION

    1. Entry of Default

      FED. R. CIV. P. Rule 55 states that "[w]hen a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party’s default." Fed. R. Civ. P. 55(a). Local Rule 7055-1 provides further requirements relating to a motion for entry of default judgment, and those requirements have been substantially satisfied here.

    2. Motion for Default Judgment

      1. Proper Service of Summons and Complaint

        FED. R. BANKR. P. Rule 7004(b)(1) states, in part:

        2:00 PM

        CONT...

        Timothy Mark Aitken

        Chapter 7


        1. ervice may be made within the United States by first class mail postage prepaid as follows:


          1. Upon an individual other than an infant or incompetent, by mailing a copy of the summons and complaint to the individual’s dwelling house or usual place of abode or to the place where the individual regularly conducts a business or profession.


        Here, Defendant was served at the Property. While Defendant clearly purchased the Property, the Court notes that Debtors listed the Property as their address on the bankruptcy petition, and also listed a housing expense on Schedule J, so it appears Defendant may have purchased the Property and began renting it out to Debtors.

        Trustee to apprise the Court of its attempt to determine a valid service address for Defendant.


      2. Merits of Plaintiff’s claim


    Upon default, the factual allegations of the complaint, except those relating to the amount of damages, will be taken as true. TeleVideo Systems, Inc. v. Heidenthal, 826 F.2d 915, 917 (9th Cir. 1987); see also Almog v. Golden Summit Investors Group, Ltd., 2012 WL 12867972 at *4 (C.D. Cal. 2012) ("When reviewing a motion for default judgment, the Court must accept the well-pleaded allegations of the complaint relating to liability as true.").


    Here, the complaint includes five causes of action. A general problem with all five causes of action is Trustee’s characterization of the "transfer" to be avoided. Trustee has defined the subject transfer as the gift of equity. In so doing, Trustee has bifurcated the sale at issue into two distinct transactions: (1) a sale of the Property for

    $195,400; and (2) a gift from Debtors to Defendant in the amount of $29,310. This

    2:00 PM

    CONT...


    Timothy Mark Aitken


    Chapter 7

    would appear to be a distortion of the events which actually occurred, specifically that Defendant took out a loan for $195,400 and purchased the Property for $166,090, retaining the remaining loan proceeds.


    Therefore, the operative legal question becomes – to what extent can a transfer be subdivided into various components? The Court notes Trustee’s argument implicitly requires the Court to assume that the $195,400 price of the Property constitutes the fair market value of the Property, but the Court does not have any evidence to support that conclusion. Even accepting that assumption, Trustee’s proposed bifurcation of the sale arrangement results in a fundamental change in the statutory language, for it would force this Court to replace "reasonably equivalent value" with "equivalent value." For in any sale in which the purchase price was less than the fair market value of the property, the sale could be construed as a sale of the property for the fair market value and an accompanying gift of equity; in other words, every transfer in which a debtor received less than "equivalent value" would be subject to attack.1


    Therefore, in accordance with the reasoning above and the Court’s understanding of the terms of the sale (reproduced in the final paragraph of the background section), the Court is inclined to consider the transfer at issue to have been the sale of the Property for $166,010. Trustee has not provided any legal argument that would support a conclusion that the sale of the Property for $166,010 constitutes a fraudulent transfer.


    TENTATIVE RULING



    The Court is inclined to CONTINUE the matter for Trustee to file a supplemental brief responding to the issues raised above.


    APPEARANCES REQUIRED.


    Party Information

    2:00 PM

    CONT...

    Debtor(s):


    Timothy Mark Aitken


    Chapter 7

    Timothy Mark Aitken Pro Se

    Defendant(s):

    Alicia Aitken Pro Se

    Joint Debtor(s):

    Esmeralda Aitken Pro Se

    Movant(s):

    Howard Grobstein Represented By Larry D Simons

    Plaintiff(s):

    Howard Grobstein Represented By Larry D Simons

    Trustee(s):

    Howard B Grobstein (TR) Represented By Larry D Simons

    2:00 PM

    6:19-10556


    Timothy Mark Aitken


    Chapter 7

    Adv#: 6:20-01022 Grobstein v. Aitken


    #30.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01022. Complaint by Howard Grobstein against Alicia Aitken. (Charge To Estate). with adversary cover sheet Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer))


    From: 5/6/20, 6/10/20, 7/1/20, 8/19/20 Also #29

    EH     


    Docket 1


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Timothy Mark Aitken Pro Se

    Defendant(s):

    Alicia Aitken Pro Se

    Joint Debtor(s):

    Esmeralda Aitken Pro Se

    Plaintiff(s):

    Howard Grobstein Represented By Larry D Simons

    Trustee(s):

    Howard B Grobstein (TR) Represented By Larry D Simons

    2:00 PM

    6:19-12225


    Nathaniel James Cardiel


    Chapter 7

    Adv#: 6:19-01135 O'Gara Coach Company, LLC v. Cardiel


    #31.00 CONT Plaintiff O'Gara Coach Company's Motion For Summary Judgmemt From: 7/1/20

    Also #32 EH     

    Docket 18


    Tentative Ruling:

    1. Factual background

      Between May 2015 and May 2017, Nathaniel James Cardiel ("Cardiel") was employed by O’Gara Coach Company, LLC ("OGCC") at its Beverly Hills, California dealership. OGCC is in the business of selling new and used high-end luxury automobiles. Between April 2017 and February 2018, Cardiel stole a 2009 Rolls- Royce Phantom Coupe ("2009 Rolls-Royce"), and a 2016 McLaren 675 LT ("2016 McLaren").

      On February 9, 2018, the Beverly Hills Police Department located the two vehicles at Cardiel’s residence. On April 10, 2018, Cardiel was charged criminally in the Los Angeles Superior Court for the theft of the two vehicles. On November 13, 2018, Cardiel entered into a felony plea agreement in Los Angeles Superior Court whereby Cardiel agreed to pay $105,000.00 restitution.

      On April 24, 2018, OGCC separately filed a complaint against Cardiel among others in Riverside Superior Court.

      On March 1, 2019, OGCC’s state court counsel deposed Cardiel wherein Cardiel admitted that he stole the two cars from OGCC and revealed that he was consulting with some lawyers about bankruptcy. Specifically, from the excerpt of the deposition, in page 58, lines 23-25, in response to the question, "You stole the car?" Cardiel replied, "I did." In page 81, lines 5-12, in response to the questions, "So you show up on the day you steal the McLaren. You jump the fence. You find a car that’s open that has a bunch of keys in the glove box. You look at the keys. You find a brand that you like. You use bolt cutters that you bought the day before to cut the lock on the gate?

      2:00 PM

      CONT...


      Nathaniel James Cardiel


      Chapter 7

      You open the gate and then you drive the car off the lot", Cardiel replied "Correct." In page 75, lines 15-21, in response to the question, "did you go to the dealership with the intent to take a particular car or just take whatever car was available," Cardiel replied, "to take whatever car that I could find or whichever one out the group of keys I get to pick which one, you know, suits my fancy..." In page 124, lines 14-20, Cardiel revealed, "I had no way of paying my credit card companies…actually right now I’m consulting some lawyers about bankruptcy. So I’m not in a good place credit-wise, as you probably saw by my credit report."

      OGCC’s case filed in Riverside Superior Court is now pending.


    2. Procedural background


    On March 20, 2019, Cardiel filed a Chapter 7 bankruptcy without counsel. Cardiel failed to fully disclose his prepetition financial status in the schedules. Specifically, Cardiel did not disclose 1) OGCC’s pending litigation against him; 2) the pending Los Angeles Superior Court Criminal Action against him and the corresponding

    $105,000.00 restitution and his plea agreement; 3) Cardiel’s ownership interest in the corporate entity, Day Dream Drive; 4) bank accounts maintained at California Coast Credit Union; and 5) 2017 Financial Statement submitted to California Coast Credit Union.

    On July 1, 2019, Cardiel received his Chapter 7 discharge and on July 2, 2019 Cardiel’s Chapter 7 bankruptcy case was closed.

    On or about August 23, 2019, OGCC allegedly became aware of Cardiel’s Chapter 7 case and moved to reopen the case. On September 17, 2019, Cardiel’s Chapter 7 Bankruptcy Case was reopened.

    On October 4, 2019, OGCC filed a complaint to commence adversary proceeding in this Court, alleging that Cardiel’s discharge should be revoked under 11 U.S.C § 727(a) and OGCC’s claim should be determined to be non-dischargeable under 11

    U.S.C §523(a)(2) and §523(a)(6). On December 2, 2019, Cardiel filed an answer to the complaint.

    On May 14, 2020, OGCC filed a motion for summary judgment, arguing there were no disputed material facts and that Cardiel’s discharge should be revoked under 11 U.S.C §727(d), and that OGCC’s claim should be determined to be non- dischargeable under 11 U.S.C §523(a)(6).

    Specifically, for the claim under §727(d), OGCC argues that Cardiel’s omission of contained information noted above from his schedules suffices the requirement under

    2:00 PM

    CONT...


    Nathaniel James Cardiel


    Chapter 7

    §727(d) given that 1) OGCC’s alleged entitlement to over $100,000 restitution is material because it constitutes over 60% of Cardiel’s total claims, and 2) Cardiel’s omission was knowingly made as Cardiel filed the bankruptcy only three weeks after his March deposition along with his recent state court criminal charge.

    As to the claim under §523(a)(6), OGCC alleges that Cardiel’s acts were willful and malicious because Cardiel had the motive to inflict injury by stealing and concealing the cars as evidenced by the March deposition, and that caused economic injury totaling $551,295.82.

    According to OGCC’s damage calculation formula, with respect to the 2009 Rolls-Royce, the loss of use is $5,000.00; the loss in value re disclose theft to subsequent buyer is $35,000.00; diminished value of vehicle due to mileage incurred by Cardiel (10,992 miles at $2.50 per mile) is $27,480.00; restore vehicle to factory standards is $36,332.46; the subtotal is $103,812.46. As to the 2016 McLaren, the loss in value re having to disclose the theft to a subsequent buyer is $35,000.00; diminished value of vehicle due to mileage incurred by Cardiel (100 miles at $2.50 per mile) is $250; the subtotal is $35,250.00. The whole amount of car damages is then further trebled pursuant to California Penal Code §496. In addition, the attorney fee, which should also be included to the total amount pursuant to §496, would be

    $134,108.44.

    On June 17, 2020, Cardiel filed an opposition to motion for summary judgment along with his evidentiary objections to the declaration of Juan Hernandez. In the opposition, Cardiel primarily raises disputes regarding damages calculation and amount of the damages in each category. On June 24, OGCC filed a reply to the opposition, arguing that Juan Hernandez, working as a corporate controller at OGCC, is capable to provide reliable amount of damages. In addition, OGCC also filed an evidentiary objection to the declaration of Nathaniel James Cardiel.


    1. EVIDENTIARY OBJECTION


      As a preliminary matter, the Court evaluates the evidentiary objections submitted by both parties.


      1. Cardiel’s evidentiary objections


        First, as to the evidentiary objections by Defendant Cardiel to Juan Hernandez declaration, the Court:

        2:00 PM

        CONT...


        Nathaniel James Cardiel

        • OVERRULES the evidentiary objection as to ¶ 7 based on hearsay. Defendant


          Chapter 7

          assumes, but it is not clear from the declaration, that amounts are reflected in a business record.

          • SUSTAINS the evidentiary objection as to ¶ 7 based on lack of foundation.

            There is no foundation provided for Declarant’s expertise to assess the damages, or for the damage amounts themselves.

            The Court does not address remainder of Cardiel’s evidentiary objections as premature pending resolution of section 496 issues.

      2. OGCC’s evidentiary objections


      OGCC made the evidentiary objections to the declaration of Nathaniel James Cardiel. The Court:

        • OVERRULES objection based on lack of personal knowledge. Perhaps an appropriate objection would be improper legal argument, or lack of foundation, but Declarant is NOT testifying as to what Plaintiff believed (note, Plaintiff is not a person). Declarant is instead testifying as to what Declarant believes.

        • OVERRULES objection based on Expert Witness. Declarant is not testifying as an expert as to any alleged fact. An appropriate objection would be improper legal argument.


    2. STANDARD FOR SUMMARY JUDGMENT

      Summary judgment should be granted if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. Fed. R. Civ. P. 56(c) (made applicable to adversary proceedings by Fed. R. Bankr. P. 7056).

      The moving party has the burden of establishing the absence of a genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). If the moving party shows the absence of a genuine issue of material fact, the nonmoving party must go beyond the pleadings and identify facts that show a genuine issue for trial. Id. at 324. The court must view the evidence in the light most favorable to the nonmoving party. Bell v. Cameron Meadows Land Co., 669 F.2d 1278, 1284 (9th Cir. 1982). All reasonable doubt as to the existence of a genuine issue of fact should be resolved

      2:00 PM

      CONT...


      Nathaniel James Cardiel


      Chapter 7

      against the moving party. Hector v. Wiens, 533 F.2d 429, 432 (9th Cir. 1976). The inference drawn from the underlying facts must be viewed in the light most favorable to the party opposing the motion. Valadingham v. Bojorquez, 866 F.2d 1135, 1137 (9th Cir. 1989). Where different ultimate inferences may be drawn, summary judgment is inappropriate. Sankovich v. Insurance Co. of N. Am., 638 F.2d 136, 140 (9th Cir. 1981).


    3. DISCUSSION


      1. Should OGCC’s claim be deemed non-dischargeable under Section 523(a) (6)?

        Section 523(a)(6) provides that: "(a) A discharge under 727 ... of this title does not discharge an individual debtor from any debt - ... (6) for willful and malicious injury by the debtor to another entity or to the property of another entity." Whether a particular debt is for willful and malicious injury by the debtor to another or the property of another under § 523(a)(6) requires application of a two-pronged test to the conduct giving rise to the injury. In other words, the creditor must prove that the debtor's conduct in causing the injuries was both willful and malicious. Barboza v.

        New Form, Inc. (In re Barboza), 545 F.3d 702,711 (9th Cir. 2008) (citing Carrillo v. Su (In re Su), 290 F.3d 1140, 1146–47 (9th Cir. 2002) and requiring the application of a separate analysis of each prong of "willful" and "malicious").


        1. Willfulness


          To show that a debtor's conduct is willful requires proof that the debtor deliberately or

          intentionally injured the creditor, and that in doing so, the debtor intended the consequences of his act, not just the act itself. Kawaauhau v. Geiger, 523 U.S. 57, 60–61 (1998); Carrillo v. Su (In re Su), 290 F.3d 1140, 1143 (9th Cir. 2002). The debtor must act with a subjective motive to inflict injury, or with a belief that injury is substantially certain to result from the conduct. In re Su, 290 F.3d at 1143. The court may consider circumstantial evidence that may establish what the debtor actually knew when conducting the injury creating action and not just what the debtor admitted to knowing. In re Ormsby, 591 F. 3d at 1206 (9th Cir. 2010). Conversion is not per se

          2:00 PM

          CONT...


          Nathaniel James Cardiel


          Chapter 7

          a willful and malicious injury; it establishes only the wrongful assertion of dominion over another’s personal property. Peklar v. Ikerd (In re Peklar), 260 F.3d 1035, 1037 (9th Cir.2001). See Petralia v. Jercich (In re Jercich), 238 F.3d 1202, 1206 (9th Cir. 2001) (for liability under § 523(a)(6), plaintiff must prove debtor acted willfully and inflicted injury willfully and maliciously rather than recklessly or negligently.) The court must determine whether Cardiel’s acts meet the willful and malicious requirement under §523(a)(6).

          As to the willfulness, OGCC asserts that Cardiel affirmatively admitted no less than five times in his March 2019 deposition testimony (three weeks before his March 20, 2019 Chapter bankruptcy filing) that he most certainly intended to steal the 2009 Rolls-Royce and the 2016 McLaren. Specifically, Cardiel admitted that he intentionally stole the car. In response to the question, "did you go to the dealership with the intent to take a particular car or just take whatever car was available," Cardiel replied, "to take whatever car that I could find or whichever one out the group of keys I get to pick which one, you know, suits my fancy..." In response to the question, "so you show up on the day you steal the McLaren. You jump the fence. You find a car that’s open that has a bunch of keys in the glove box. You look at the keys. You find a brand that you like. You use bolt cutters that you bought the day before to cut the lock on the gate? You open the gate and then you drive the car off the lot", Cardiel replied "Correct."

          Here, it is clear from these quoted parts of deposition that Cardiel intended the acts to steal the vehicles from OGCC. These were not negligent or reckless acts as Cardiel prepared to perform the theft and bought the bolt cutters in advance to achieve his plan. The series of purposeful and deliberate acts for stealing, along with later possession of the car over a period of 6 months to 1 year, resulted in the serious interference with OGCC’s right to possess its cars. Cardiel’s possession of the cars over a period of more than half a year is, at the very least, substantially certain to result in the conversion of OGCC’s cars and more likely intended to inflict that injury. The economic injury to OGCC, including but not limited to, the loss of use and diminished value of vehicle due to mileage incurred by Cardiel, was a direct and certain result by Cardiel’s acts. Despite that Cardiel did not allege that he had a subjective motive to inflict the economic harm to OGCC, Cardiel’s acts to steal the cars for his own entertainment without any indication to return or compensation for OGCC suffice the willingness prong as the economic loss to OGCC was substantially certain resulting from Cardiel’s acts. Moreover, Cardiel’s counsel did not argue against the willfulness in the opposition or produce any evidence to the contrary to

          2:00 PM

          CONT...


          Nathaniel James Cardiel


          Chapter 7

          suggest otherwise.

          Based on the foregoing, the Court finds that Cardiel inflicted an economic injury to OGCC upon either acting with a subjective motive to inflict that injury or with a belief that the injury was substantially certain from his theft of two cars and thus the Court determines that willfulness prong is satisfied.


        2. Maliciousness


          For conducts to be malicious, the creditor must prove that the debtor: (1) committed a wrongful act; (2) done intentionally; (3) which necessarily causes injury; and (4) was done without just cause or excuse. In re Su, 290 F.3d 1140, at 1143. Torts will generally suffice the wrongful act requirement under section 523(a)(6) in the Ninth Circuit. In re Jercich, 238 F.3d 1202, 1204-06 (9th Cir. 2001). The conversion of another's property without his knowledge or consent, done intentionally and without justification and excuse, to the other's injury, constitutes a willful and malicious injury within the meaning of § 523(a)(6). Id, at 1208 (quoting Del Bino v.

          Bailey (In re Bailey), 197 F.3d 997, 1000 (9th Cir.1999)).

          The evidence establishes that Cardiel’s acts satisfy the malicious prong. As to the first element, the undisputed facts reveal that Cardiel, as a prior employee at OGCC, stole a 2009 Rolls-Royce and a 2016 McLaren from OGCC. Cardiel took advantage of knowledge he accumulated during his prior employment so that he was able to acquire a set of keys to enter the lot where the cars parked. He subsequently stole the cars that were open with a bunch of keys, and then Cardiel used the bolt cutters that he prepared in advance to cut the lock on the gate so he could drive away. Cardiel kept the cars in his residence for more than half of a year and drove the cars for his own entertainment without an intention to return the cars. These acts establish culpabilities as Cardiel was soon charged criminally in the Los Angeles Superior Court for the theft of the vehicles after the cars were located by the Beverly Hills Police Department.

          Cardiel afterwards entered into a felony plea agreement in Los Angeles Superior Court. These undisputed facts show that the acts committed by Cardiel are wrongful.

          The second element is easily satisfied here as Cardiel intended these acts as he admitted multiple times in his deposition and, as discussed above, OGCC’s injury was substantially certain inflicted by Cardiel’s acts. As to the third element, Cardiel’s theft necessarily caused certain economic injury to OGCC, including but not limited to the loss of use and diminished value of vehicle due to mileage incurred by Cardiel, thus, the third element is satisfied. Lastly, Cardiel did not provide any evidence to

          2:00 PM

          CONT...


          Nathaniel James Cardiel


          Chapter 7

          show that his acts were done with just cause or excuse. Even to the contrary, Cardiel in his deposition admitted that he stole the cars specifically in order to suit his fancy. Therefore, the Court finds OGCC has established the malicious injury requirement under Section 523(a)(6).

          Thus, based on the foregoing, the Court determines that OGCC has proven the claim that the debt owed by Cardiel to OGCC for theft of the two vehicles is except from discharge pursuant to 11 U.S.C § 523(a)(6). However, as noted above, there is no admissible evidence in support of exact amount of damages.


      2. Treble damages under California Penal Code §496(a) and (c)


        Based on the sustained objection to the damage calculations, OGCC has failed to establish the amount of damages for the injury caused by Cardiel’s acts. However, even assuming there was no issue with the damage award, it is unclear from the pleadings as to whether treble damages are appropriate. California Penal Code § 496(a) and (c) provide in relevant part as follows:


        (a) Every person who buys or receives any property that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or who conceals, sells, withholds, or aids in concealing, selling, or withholding any property from the owner, knowing the property to be so stolen or obtained, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170. …

        A principal in the actual theft of the property may be convicted pursuant to this section. However, no person may be convicted both pursuant to this section and of the theft of the same property.

        (c) Any person who has been injured by a violation of subdivision

        (a) or (b) may bring an action for three times the amount of actual damages, if any, sustained by the plaintiff, costs of suit, and reasonable attorney's fees.


        In this case, the record reflects that Defendant Cardiel pled no contest as part of a plea agreement to a charge of §10851 of the Vehicle Code. Section 10851 states in

        2:00 PM

        CONT...


        Nathaniel James Cardiel


        Chapter 7

        part as follows:


        Any person who drives or takes a vehicle not his or her own, without the consent of the owner thereof, and with intent either to permanently or temporarily deprive the owner thereof of his or her title to or possession of the vehicle, whether with or without intent to steal the vehicle, or any person who is a party or an accessory to or an accomplice in the driving or unauthorized taking or stealing, is guilty of a public offense and, upon conviction thereof, shall be punished by imprisonment in a county jail for not more than one year or pursuant to subdivision (h) of Section 1170 of the Penal Code or by a fine of not more than five thousand dollars ($5,000), or by both the fine and imprisonment.


        There is at least one issue concerning the applicability of §496(a) to the restitution award in this case. The Court assumes without determining that a no contest plea as part of a plea bargain results in a criminal conviction. However, it is unclear if the plea to §10851(a) is a conviction of theft, as theft requires intent to steal but § 10851(a) does not, and to the extent the plea bargain constitutes a conviction of theft, under §496(a) a person cannot also be convicted also under §496(a). Finally, the Court understands Cardiel has testified as to intent to steal, but it is also unclear how such testimony factors into the analysis.

        Based on the foregoing, assuming there was admissible evidence of damages, it is unclear if OGCC is entitled to treble actual damages along with attorney’s fee pursuant to California Penal Code §496(a) and (c).


      3. Should Cardiel’s discharge under Chapter 7 be revoked under Section 727(d)?


      As provided by Section 727(d)(1), in order to prevail on cause of action to revoke debtor’s discharge, the movant must prove two elements: (1) that discharge was obtained through debtor’s fraud; and (2) the movant did not know of such fraud until after debtor was granted a discharge. Nielson further clarifies that the fraud must be a but-for cause of the discharge. In re Nielsen, 383 F.3d 922, 925-26 (9th Cir. 2004). A debtor is deemed to have obtained his discharge by fraud if: (1) he knowingly and fraudulently made a false oath in or in connection with the bankruptcy proceeding;

      2:00 PM

      CONT...


      Nathaniel James Cardiel


      Chapter 7

      and (2) the oath concerned a material fact that would have resulted in the denial of discharge under 11 U.S.C. § 727(a)(4)(A) had it been known prior to discharge. Jones v. U.S. Trustee, Eugene, 736 F.3d 897, 900 (9th Cir. 2013); In re Retz, 606 F.3d 1189, 1196 (9th Cir. 2010). "An omission or misstatement that 'detrimentally affects administration of the estate' is material." In re Retz, at 1198 (quoting Fogal Legware of Switzerland, Inc., v. Wills (In re Wills), 243 B.R. 58, 63 (9th Cir. BAP 1999)).

      For OGCC to prove that Cardiel’s discharge was "obtained through" the fraud, OGCC must show that, but for the fraud, the discharge would not have been granted. OGCC alleged that Cardiel’s complete omission of the pending criminal litigation involving the restitution order is material because it constitutes over 60% of Cardiel’s total claims.

      That argument is of no merit in no-asset bankruptcy filings. Assuming for the purpose of discussion that Cardiel listed this pending criminal litigation and corresponding restitution in his schedules, it would have no effect on any creditors and Cardiel would get his discharged. The omission would not affect administration of the estate given the non-asset bankruptcy filing. Equally importantly, dischargeability of this litigation is unaffected because of Cardiel’s discharge.

      Dischargeability is unaffected by scheduling in Chapter 7 no-assets bankruptcy. In re Nielsen, 383 F.3d 922, at 926. A dischargeable debt would have been discharged, and a non-dischargeable debt would not have been discharged, regardless of scheduling. Id. Therefore, OGCC fails to meet its burden of showing there is no issue on the question of whether the omission is material.

      As to the failure to disclose the bank accounts and the company, the Court notes that the argument section of OGCC’s motion on §727(d) only deals with Cardiel’s failure to include the criminal litigation in the schedules. It does not mention the failure to disclosure the bank accounts and companies. OGCC has not presented any evidence to establish the value of those assets in order to show that the non-disclosure was material. Assuming there was the evidence of value, in his opposition, Cardiel has presented the indirect evidence of value so as to raise a question of fact, although the court notes that scant evidence, contained in ¶ 10 of Cardiel’s declaration, lacks any appropriate detail so as to be reliable.

      Based on all foregoing, this Court determines that the OGCC has not met the burden of showing the absence of a genuine dispute of material facts as to whether Cardiel knowingly and fraudulently made a false oath concerning a material fact that would have resulted in the denial of discharge for the purpose of 11 U.S.C §727(d) and OGCC’s claim under 11 U.S.C §727(d) should be denied.

      2:00 PM

      CONT...


      Nathaniel James Cardiel


      Chapter 7


    4. CONCLUSION

    Based on the foregoing, the Court is inclined to GRANT the motion under 523(a)

    1. as to liability (but not damages) and DENY the motion as to 727(d).


      Party Information

      Debtor(s):

      Nathaniel James Cardiel Represented By Sevan Gorginian

      Defendant(s):

      Nathaniel James Cardiel Represented By

      W. Derek May

      Movant(s):

      O'Gara Coach Company, LLC Represented By Thomas J Polis

      Plaintiff(s):

      O'Gara Coach Company, LLC Represented By Thomas J Polis

      Trustee(s):

      Howard B Grobstein (TR) Pro Se

      2:00 PM

      6:19-12225


      Nathaniel James Cardiel


      Chapter 7

      Adv#: 6:19-01135 O'Gara Coach Company, LLC v. Cardiel


      #32.00 CONT Status Conference RE: [1] Adversary case 6:19-ap-01135. Complaint by O'Gara Coach Company, LLC against Nathaniel James Cardiel. false pretenses, false representation, actual fraud)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)),(65 (Dischargeability - other)),(41 (Objection / revocation of discharge - 727(c),(d),(e))) (Polis, Thomas)


      From: 12/11/19, 5/20/20, 7/1/20 Also #31

      EH     


      Docket 1


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Nathaniel James Cardiel Represented By Sevan Gorginian

      Defendant(s):

      Nathaniel James Cardiel Represented By

      W. Derek May

      Plaintiff(s):

      O'Gara Coach Company, LLC Represented By Thomas J Polis

      Trustee(s):

      Howard B Grobstein (TR) Pro Se

      2:00 PM

      6:19-14650


      Blanca Flor Torres


      Chapter 7

      Adv#: 6:19-01117 Whitmore v. Gularte et al


      #33.00 CONT Motion for Default Judgment against Jose A. Gularte And Marjorie Elizabeth Gularte-Torres

      (HOLDING DATE)


      From: 1/8/20, 4/8/20, 4/29/20, 8/26/20 Also #34

      EH     


      Docket 11

      Tentative Ruling:

      1/8/20

      BACKGROUND


      On May 30, 2019 ("Petition Date"), Blanca Flor Torres ("Debtor") filed a Chapter 7 voluntary petition. On August 22, 2019, Robert S. Whitmore (the Chapter 7 "Trustee") brought an adversary proceeding against Jose Gularte ("Mr. Gularte") and Marjorie Elizabeth Gularte-Torres ("Mrs. Gularte-Torres") (collective, "Defendants") for the benefit of the estate.


      The adversary proceeding arose from a real estate transaction between the Debtor and the Defendants. Debtor and her spouse, Edgar S. Torres, bought real estate at 1527 Fairwood Way, Upland, CA 91786 (the "Property) on November 2, 1990.

      Less than two years before the Petition Date, on December 29, 2017, Debtor and her spouse transferred the Property to Mr. Gularte. Mr. Gularte then proceeded to transfer the deed to himself and his wife, Mrs. Gularte-Torres.


      The Trustee alleges that the transfer among the parties is fraudulent and seeks to avoid the transfer and recover the Property for the estate.

      2:00 PM

      CONT... Blanca Flor Torres Chapter 7

      The Trustee alleges that Defendants are insiders of the Debtor: Mr. Gularte is

      the debtor’s son-in-law, and Mrs. Gularte-Torres is the debtor’s daughter. Because Defendants and Debtor still reside at the same Property after the transfers occurred, Trustee alleges that Debtor still retains the benefit of ownership. The Trustee alleges that the consideration given was less than a reasonably equivalent value: a seller credit and a gift were given. The Trustee avers that the value of the consideration given was less than the value of the Debtor’s equity of $154,424.76.


      The Trustee served the summons and complaint on Defendants by first-class mail to Defendants’ home on August 23, 2019. After forty-eight days without Defendants pleading or defending against the relief sought by the Trustee, the Trustee requested an entry for default judgment. On October 11, 2019, the Clerk of the Court entered a default judgment against defendants.


      The Trustee now files this motion for an entry of default judgment by the Court to avoid and recovery the Property.


      DISCUSSION


      1. Jurisdiction


        1. Subject Matter Jurisdiction


          This Court has subject matter jurisdiction pursuant to U.S.C. §157(b)(1)— Bankruptcy Judges may hear and determine all cases under title 11 and all core proceedings arising under title 11—and 28 U.S.C. §1334. Trustee has asserted a claim arising under title 11, a Chapter 7 voluntary petition, and the matter concerns the administration of an estate. U.S.C. §157(b)(2)(A).


        2. Venue


          Venue is proper pursuant to 28 U.S.C. §1409(a):

          2:00 PM

          CONT...


          Blanca Flor Torres

          "Except as otherwise provided in subsections (b) and (d), a proceeding arising under title 11 or arising in or related to a case under title 11 may be commenced in the district court in which such case is pending."


          Chapter 7


          Debtor’s lead bankruptcy case (19-bk-14650-MH) is currently pending in this Court.


        3. Personal Jurisdiction


          Jose Gularte and Marjorie Elizabeth Gularte-Torres are residents of California.

          Thus, personal jurisdiction is proper.


      2. Entry of Default


        Federal Rule of Bankruptcy Procedure 7055 states that default judgments are applicable in adversary proceedings. Fed. R. Bankr. P. 7055. Furthermore, Federal Rule of Civil Procedure 55 states that "[w]hen a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party’s default." Fed. R. Civ. P. 55(a). Local Rule 7055-1 provides further requirements relating to a motion for entry of default judgment.


        In this case, the Trustee has fulfilled such requirements in his request for entry of default: (a) the identity of the parties whom default was entered and the date of entry of default; (b) the defaulting party is neither an infant nor an competent person;

  2. the defendants are not currently on active duty in the armed forces, etc. The Trustee also provided information for the Clerk of the Court to rightly determine that defendants failed to plead or otherwise defend within twenty-one days after service of the summons and the complaint. Fed. R. Bankr. P. 7012(a) and (b). Thus, the Clerk entered a valid entry of default.


    1. Motion for Default Judgment

      2:00 PM

      CONT...


      Blanca Flor Torres


      Chapter 7


      1. Proper Service of Summons and Complaint


        FED. R. BANKR. P. Rule 7004(b)(1) states, in part:


        1. ervice may be made within the United States by first class mail postage prepaid as follows…


          1. Upon an individual other than an infant or incompetent, by mailing a copy of the summons and complaint to the individual’s dwelling house or usual place of abode or to the place where the individual regularly conducts a business or profession.


            Here, it appears that the motion for default judgment has been properly served.


      2. Entering a Default Judgment by the Court


        If the claim in not for a certain or arithmetically attainable sum, then the entry by default judgment must be made by the court. The Trustee has not asked for the value of the Debtor’s equity in the Property, $154,424.76. Instead, the Trustee has asked the Court to rule that the transfers were fraudulent, the transfers should be avoided, and that the Property should be returned to the Debtor’s bankruptcy estate. Thus, by requesting an injunctive relief, the Trustee has correctly sought a motion for default judgment by the Court.


      3. Factors to Consider


        When a court exercises its discretion to enter a default judgment it may consider a number of factors: (1) the possibility of prejudice to the plaintiff, (2) the

        2:00 PM

        CONT...


        Blanca Flor Torres


        Chapter 7

        merits of plaintiff’s substantive claim, (3) the sum of money at stake in the action (4) the possibility of disputes concerning material facts, (5) whether the default was due to excusable neglect, and (6) the strong policy underlying the Federal Rules of Civil Procedure favoring decisions on the merits. Eitle v. McCool, 782 F.2d 1470, 1471-72 (9th Cir. 1986). When it comes to the first factor, the Trustee, being the arbiter of the estate would only be prejudice in his responsibility to provide the best interest of parties in interest. That is, by not recovering the property, the creditors would receive potential less than what they could have.


        1. Merits of Plaintiff’s Claim


          The general rule, upon an entry of default, the factual allegations of the plaintiff’s complaint will be taken as true. Totten v. Hurrell, 2001 U.S. Dist. Lexis 20909, *6 (N.D. Cal. 2001). "A default establishes the well-pleaded allegations of a complaint unless they are incapable of proof or are contrary to facts judicially noticed or to uncontroverted material in the file." In re McGee, 359 B.R. 764 (B.A.P 9th Cir.) (emphasis added by italicizing) (citing In re Consolidated Pretrial Proceedings in Air West Sec. Litigation, 436 F. Supp. 1281, 1286 (N.D. Cal. 1977)). A well-pleaded allegation is sufficient to prove defendant’s liability. TeleVideo Systems, Inc. v.

          Heidenthal, 826 F.2d 915, 917 (9th Cir. 1987).



          The Trustee alleges, pursuant to 11U.S.C. § 548(a)(1)(A), that Debtor within two years of filing her petition transferred the Property with actual intent to hinder, delay, or defraud. The word ‘intent’ is used to denote that the actor desire to cause consequences of his act. [Vol 5] Collier on Bankruptcy ¶ [548.04] (Richard Levin & Henry J. Sommer eds., 16th ed.). "If the actor knows that the consequences are certain, or substantially certain, to result from his act, and still goes ahead, he is treated by the law as if he had in fact desired to produce the result." Id.


          Because it is difficult to prove actual intent, courts infer fraudulent intent from the circumstances surrounding the transfer; including but not limited to (1) insolvency or other unmanageable indebtedness on the part of the debtor, (2) special relationship between the debtor and transferee; and after the transfer, (3) retention by the debtor of the property. In re Acequia, Inc. 34 F.3d 800 (9th Cir. Ct. App. 1994). These circumstances are universally

          2:00 PM

          CONT...


          Blanca Flor Torres


          Chapter 7

          recognized as the "badges of fraud." Id.

          The Trustee has provided evidence that the value of the Property,

          $575,000.000, which was agreed upon by Mr. Gularte and Debtor and her husband, was not given for consideration. (Dkt. No. 11, Ex. 5). In fact, something substantial less was given as consideration because Mr. Gularte received a "gift of equity" in the amount of $150,900.00. This special relationship—Defendants are the daughter and son-in-law of Debtor— precipitated such a gift alleged the Trustee. Furthermore, based on Debtor’s commencement documents, Debtor still lives at the Property, showing that Debtor still retains the benefit of the Property. (Dkt. No. 11, Ex. 7).


          Taken as true and neither incapable of proof nor contrary to facts observed by the Court, the Trustee’s allegations are sufficient to prove the claim of an actual fraudulent transfer under 11 U.S.C § 548(a)(1)(A).

          Moreover, taking the allegations of the compliant as true as to the second and third claims for relief, the Trustee has sufficiently alleged the elements of a claim for constructively fraudulent transfer against Defendants.


          This leaves only one claim of relief left. Whether the Court grants recovery of the Property pursuant to 11 U.S.C. § 550(a). The Court has ruled that Trustee’s allegations are sufficient to prove that the transfer of the Property was fraudulent. Thus, making the transaction avoidable.


          Based on the deeds transferring interest in the Property, Mr. Gularte is an immediate transferee and Mrs. Gularte-Torres is a mediate transferee.

          Irrespective of how they are defined, 11 U.S.C. § 550(a)(1) and (a)(2) permit the Trustee to recover the property from the Defendants. Seeing no reason to do otherwise, the Court grants the Trustee the Property pursuant to 11 U.S.C. § 550(a).


        2. Possibility of Disputes of Material Facts


          The Trustee provided evidence from the Debtor’s commencement document stating the Debtor still resides at the Property. The Trustee provided evidence of the transfer of interest in the property from Debtor and her husband to Defendants. Dkt No. 11, Ex. 3, 4, and 5. Trustee provided evidence of the value of the Property and the consideration given. Dkt. No. 11, Ex 5.

          2:00 PM

          CONT...


          Blanca Flor Torres


          Chapter 7

          Furthermore, Trustee duly served Defendants with process in this matter. Thus, the Court finds that the possibility of disputes of material facts is unlikely.


          1. Sum at Stake in the Action


            Even though the Trustee is looking for injunctive relief, the value of said property is significant to the estate. The last consideration given for the Property valued it at $575,000.00. Dkt. No.11, Ex 5. The Property would increase the bankruptcy estate by twenty-fold, weighing in favor of Defendants.


          2. Excusable Neglect


            Here, Defendants failed to plead or otherwise defend against the claim, and the Court does not otherwise see any basis for excusable neglect in the pleadings.


          3. Strong Policy


Although the strong policy underlying the Federal Rules of Civil Procedure favoring decisions on the merits, the case at hand does not warrant a denial of judgment solely on that ground.

2:00 PM

CONT...


Blanca Flor Torres


Chapter 7

TENTATIVE RULING



Thus, the Court is inclined to GRANT the motion to the extent of awarding Trustee judgment on the first, second, third, and fourth claims of relief.


APPEARANCES REQUIRED.


Party Information

Debtor(s):

Blanca Flor Torres Represented By Brian J Horan

Defendant(s):

Jose Gularte Pro Se

Marjorie Elizabeth Gularte-Torres Pro Se

Movant(s):

Robert S. Whitmore Represented By Hydee J Riggs

Plaintiff(s):

Robert S. Whitmore Represented By Hydee J Riggs

Trustee(s):

Robert Whitmore (TR) Represented By Hydee J Riggs

2:00 PM

6:19-14650


Blanca Flor Torres


Chapter 7

Adv#: 6:19-01117 Whitmore v. Gularte et al


#34.00 CONT Status Conference RE: [1] Adversary case 6:19-ap-01117. Complaint by Robert S. Whitmore against Jose Gularte, Marjorie Elizabeth Gularte-Torres. (Charge To Estate $350.00). (Attachments: # 1 Adversary Proceeding Cover Sheet # 2 Summons) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Philippi, Julie)


From: 10/16/19, 12/11/19, 1/8/20, 4/8/20, 4/29/20, 8/26/20


Also #33 EH     

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Blanca Flor Torres Represented By Brian J Horan

Defendant(s):

Jose Gularte Pro Se

Marjorie Elizabeth Gularte-Torres Pro Se

Plaintiff(s):

Robert S. Whitmore Represented By Hydee J Riggs

Trustee(s):

Robert Whitmore (TR) Represented By Hydee J Riggs

2:00 PM

CONT...


Blanca Flor Torres


Chapter 7

2:00 PM

6:19-17393


Gabriel Perez


Chapter 7

Adv#: 6:19-01163 O'Neil et al v. Perez et al


#35.00 CONT Status Conference RE: [1] Adversary case 6:19-ap-01163. Complaint by Michael O'Neil, Al Karlson, Dixie Karlson against Gabriel Perez, Janyn Perez. 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)) (McGuire, Edmond)

(As to Defendant Janyn Perez)


From: 1/29/20, 5/27/20, 7/22/20, 8/26/20, 9/9/20 EH     

Docket 1

*** VACATED *** REASON: ORDER DISMISSING CASE AGAINST DEFENDANT JANYN PEREZ WITHOUT PREJUDICE ENTERED ON

9/18/20 (doc. 28) Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Gabriel Perez Represented By Glen J Biondi

Defendant(s):

Gabriel Perez Represented By Glen J Biondi

Janyn Perez Represented By

Glen J Biondi

Joint Debtor(s):

Janyn Perez Represented By

Glen J Biondi

2:00 PM

CONT...


Gabriel Perez


Chapter 7

Plaintiff(s):

Al Karlson Represented By

Edmond Richard McGuire

Dixie Karlson Represented By

Edmond Richard McGuire

Michael O'Neil Represented By

Edmond Richard McGuire

Trustee(s):

Steven M Speier (TR) Pro Se

2:00 PM

6:19-19337


Marc Anthony Capoccia


Chapter 7

Adv#: 6:20-01012 Canyon Springs Enterprises dba RSH Construction Se v. Capoccia


#36.00 Motion to Compel Further Discovery Responses to Interrogatories and Requests for Production of Documents


EH     


Docket 16

Tentative Ruling:

9/30/20

BACKGROUND

On October 23, 2019, Marc Anthony Capoccia ("Debtor") filed a Chapter 7 voluntary petition. On January 27, 2020, Canyon Springs Enterprises ("Plaintiff") filed a non- dischargeability complaint against Debtor pursuant to 11 U.S.C. § 523(a)(2)(A), (a) (4), and (a)(6). On February 26, 2020, Debtor filed his answer. On April 2, 2020, the Court issued a scheduling order. The scheduling order included a discovery deadline of October 30, 2020, and also ordered the parties to complete mediation by November 30, 2020.

On August 20, 2020, Plaintiff filed a motion to compel Debtor to file amended responses to Plaintiff’s interrogatories and requests for document production. Plaintiff’s motion asserts that Debtor has been uncooperative in the discovery process and has provided responses that have been late and incomplete. Plaintiff also requests attorney fees in the amount of $3,176.25 and an extension of the discovery cut-off and mediation deadlines. On September 17, 2020, Debtor filed his opposition, asserting that he filed revised responses on September 12, 2020, and requesting that he not be sanctioned. On September 23, 2020, Plaintiff filed a reply, which, inter alia, asserted that Debtor’s discovery responses were still deficient.

2:00 PM

CONT...

Marc Anthony Capoccia

Chapter 7


Plaintiff’s summary of the timeline leading up to the filing of the motion is as follows:

  1. On May 18, 2020, Plaintiff served discovery requests on Debtor that were due on June 22, 2020;

  2. On June 30, 2020, Plaintiff sent Debtor a meet and confer letter;

  3. Debtor did not in any way respond to the request until July 7, 2020, when he informed Plaintiff he would comply;


  4. Sometime between July 15 and July 17, 2020, Debtor sent his discovery responses, which Plaintiff characterizes as inadequate for a variety of reasons;

  5. On July 21, 2020, Plaintiff sent Debtor a second meet and confer letter;

  6. On August 13, 2020, Plaintiff attempted to notify Debtor of his obligation to apply with various duties under the applicable rules;


  7. After not receiving a timely response from Debtor, Plaintiff filed the instant motion to compel on August 20, 2020.


DISCUSSION



Local Rule 7026-1(c)(2)-(4) provide that:


    1. Meeting of Parties. Prior to the filing of any motion relating to discovery, the parties must meet in person or by telephone in a good faith effort to resolve a discovery dispute. It is the responsibility of the moving party to arrange the conference. Unless altered by agreement of the parties or by order of the court for cause shown, the opposing party must meet with the moving party within 7 days of service upon the opposing party of a letter requesting such meeting and specifying the

      2:00 PM

      CONT...


      Marc Anthony Capoccia

      terms of the discovery order to be sought.

    2. Moving Papers. If the parties are unable to resolve the dispute, the party seeking discovery must file and serve a notice of motion together with a written stipulation by the parties.

      1. The stipulation must be contained in 1 document and must identify, separately and with particularity, each disputed issue that remains to be determined at the hearing and the contentions and points and authorities of each party as to each issue.

      2. The stipulation must not simply refer the court to the document containing the discovery request forming the basis of the dispute. For example, if the sufficiency of an answer to an interrogatory is in issue, the stipulation must contain, verbatim, both the interrogatory and the allegedly insufficient answer, followed by each party’s contentions, separately stated.

      3. In the absence of such stipulation or a declaration of a party of noncooperating by the opposing party, the court will not consider the discovery motion.

    3. Cooperation of Parties; Sanctions. The failure of any party either to cooperate in this procedure, to attend the meeting of parties, or to provide the moving party the information necessary to prepare the stipulation required by this rule within 7 days of the meeting of parties will result in the imposition of sanctions, including the sanctions authorized by FRBP 7037 and LBR 9011-3.


      Chapter 7


      Local Rule 9011-2(d) provides that self-represented individuals must comply with the Federal Rules of Bankruptcy Procedure and the Local Rules of Bankruptcy Procedure. Local Rule 9011-3(a) provides that "[t]he violation of, or failure to confirm to, the FRBP or these rules may subject the offending party or counsel to penalties."


      FED. R. CIV. P. Rule 7037(a)(3)(B)(iii)-(iv), incorporated into bankruptcy proceedings by FED. R. BANKR. P. Rule 7037, provides grounds for a motion to compel discovery responses when a litigant fails to answer an interrogatory or fails to respond to a request for documents, respectively. FED. R. CIV. P. Rule 7037(a)(4) provides that "an

      2:00 PM

      CONT...


      Marc Anthony Capoccia


      Chapter 7

      evasive or incomplete disclosure, answer, or response must be treated as a failure to disclose, answer, or respond."Here, as outlined in Plaintiff’s motion and reply, Debtor’s responses to the discovery requests were: (a) late; (b) evasive; and (c) incomplete.


      FED. R. CIV. P. Rule 7037(a)(5) and 7037(d)(3) requires that the Court award a party that successfully brings a motion to compel discovery responses their reasonable expenses incurred in bringing the motion, unless such an award would be unjust.


      For the reasons set forth in the motion, the reply, and this tentative ruling, the Court concludes that Plaintiff has sufficiently demonstrated that Debtor has not adequately responded to Plaintiff’s discovery requests, and, therefore, the Court will order Debtor to provide further responses to those discovery requests. Additionally, noting the numerous attempts by Plaintiff to solicit responses from Debtor, and noting the absence in Debtor’s opposition of any valid justification for his non-compliance with Plaintiff’s requests, the Court is inclined to award Plaintiff $3,176.25 in attorney fees and costs, which the Court deems reasonable in these circumstances.


      Regarding Plaintiff’s request for an extension of the discovery-cut off, the Court is inclined to find that Movant has provided sufficient cause to extend the discovery deadline to December 18, 2020.


      TENTATIVE RULING



      The Court is inclined to GRANT the motion to the extent of: (a) ordering Debtor to file by October 28, 2020, further responses to Plaintiff’s discovery requests to address the deficiencies noted in the reply; (b) ordering Debtor to pay Plaintiff $3,176.25 in reasonable attorney fees and costs related to the bringing of the instant motion; and (c) extending the discovery deadline to December 18, 2020.

      2:00 PM

      CONT...


      Marc Anthony Capoccia


      Chapter 7


      APPEARANCES REQUIRED.


      Party Information

      Debtor(s):

      Marc Anthony Capoccia Represented By Douglas A Crowder

      Defendant(s):

      Marc Anthony Capoccia Pro Se

      Movant(s):

      Canyon Springs Enterprises dba Represented By

      David P Berschauer Daren M Schlecter

      Plaintiff(s):

      Canyon Springs Enterprises dba Represented By

      David P Berschauer Daren M Schlecter

      Trustee(s):

      Larry D Simons (TR) Pro Se

      2:00 PM

      6:19-20295


      Hasan Elmehrek


      Chapter 7

      Adv#: 6:20-01048 United States Trustee for Region 16 v. Swedan et al


      #37.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01048. Complaint by United States Trustee for Region 16 against Nagla Swedan, Hasan Elmehrek. (Fee Not Required). with adversary cover sheet Nature of Suit: (41 (Objection / revocation of discharge - 727(c),(d),(e))) (Green, Everett)


      From: 7/1/20 EH     

      Docket 1

      *** VACATED *** REASON: JUDGMENT DENYING DEBTORS' DISCHARGE ENTERED 9/16/20 (doc. 22 )

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Hasan Elmehrek Represented By Keith Q Nguyen

      Defendant(s):

      Nagla Swedan Represented By Donald W Reid

      Hasan Elmehrek Represented By Donald W Reid

      Joint Debtor(s):

      Nagla Swedan Represented By Keith Q Nguyen

      Plaintiff(s):

      United States Trustee for Region 16 Represented By

      Everett L Green

      2:00 PM

      CONT...

      Trustee(s):


      Hasan Elmehrek


      Chapter 7

      Charles W Daff (TR) Pro Se

      2:00 PM

      6:20-12197


      Russell Ray Bomar, Jr.


      Chapter 7

      Adv#: 6:20-01151 Chaffey Federal Credit Union v. Bomar, Jr.


      #38.00 Stipulation between Chaffey Federal Credit Union and Defendant for Entry of Judgment


      Docket 0


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Russell Ray Bomar Jr. Represented By Neil R Hedtke

      Defendant(s):

      Russell Ray Bomar Jr. Pro Se

      Plaintiff(s):

      Chaffey Federal Credit Union Represented By

      A. Lysa Simon

      Trustee(s):

      Karl T Anderson (TR) Pro Se

      11:00 AM

      6:17-13165


      Richard Ortiz and Dolores Ortiz


      Chapter 13


      #1.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 30430 Guadalupe Ct, Temecula, CA 92591


      MOVANT: U.S. BANK NATIONAL ASSOCIATION


      From: 8/25/20, 9/8/20 EH     

      (Tele. appr. Daniel Fujimoto, rep. moving party, U.S. Bank National Association)


      Docket 66

      *** VACATED *** REASON: ORDER GRANTING STIPULATION FOR RELIEF ENTERED ON 10/5/20 (DOC. 74)

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Richard Ortiz Represented By Elena Steers

      Joint Debtor(s):

      Dolores Ortiz Represented By Elena Steers

      Movant(s):

      U.S. Bank National Association, as Represented By

      Daniel K Fujimoto Caren J Castle

      11:00 AM

      CONT...

      Trustee(s):


      Richard Ortiz and Dolores Ortiz


      Chapter 13

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:19-19360


      Troy D. Lee


      Chapter 13


      #2.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 27703 Pleasant Grove Circle, Menifee, California 92585


      MOVANT: PENNYMAC LOAN SERVICES LLC


      EH     


      (Tele. appr. Megan Lees, rep. movant PennyMac Loan Services, LLC) (Tele. appr. Joseline Medrano, rep. Debtor)

      Docket 33

      Tentative Ruling: 10/6/2020

      Service: Proper Opposition: Late

      Parties to apprise the Court of the status of adequate protection discussions, if any. APPEARANCES REQUIRED.

      Party Information

      Debtor(s):

      Troy D. Lee Represented By

      Gregory Ashcraft

      Movant(s):

      PennyMac Loan Services, LLC Represented By Robert P Zahradka

      11:00 AM

      CONT...

      Trustee(s):


      Troy D. Lee


      Chapter 13

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:19-20193


      Nery B. Mejia


      Chapter 13


      #3.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 25276 Drake Drive, Moreno Valley, California 92553


      MOVANT: JPMORGAN CHASE BANK, NATIONAL ASSOCIATION


      EH     


      (Tele. appr. Jaime Cuevas, rep. Debtor)


      (Tele. appr. Wendy Locke, rep. moving party JPMorgan Chase Bank, National Association)


      Docket 37

      Tentative Ruling: 10/6/2020

      Service: Proper Opposition: Late


      For the reasons set forth in the motion, the Court is inclined to:


      -GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1)

      -GRANT waiver of Rule 4001(a)(3) stay

      -GRANT request under ¶¶ 2 and 3

      -DENY alternative request under ¶ 13 as moot.


      APPEARANCES REQUIRED.

      Party Information

      Debtor(s):

      Nery B. Mejia Represented By Jaime A Cuevas Jr.

      11:00 AM

      CONT...

      Movant(s):


      Nery B. Mejia


      Chapter 13

      JPMorgan Chase Bank, National Represented By

      Joseph C Delmotte

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:19-21226


      Edwin Leonel Barco and Juana De Jesus Marin


      Chapter 13


      #4.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 17085 Grand Mammoth Pl, Victorville, CA 92394


      MOVANT: HSBC BANK USA NATIONAL ASSOCIATION


      From: 8/25/20 EH        

      (Tele. appr. Sean Ferry, rep. moving party, HSBC Bank USA)


      Docket 51

      *** VACATED *** REASON: NOTICE OF WITHDRAWL OF MOTION FILED BY CREDITOR ON 10/5/20 (DOC. 61)

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Edwin Leonel Barco Represented By Jaime A Cuevas Jr.

      Joint Debtor(s):

      Juana De Jesus Marin Represented By Jaime A Cuevas Jr.

      Movant(s):

      HSBC Bank USA National Represented By Sean C Ferry

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:20-12092


      Loi Phuoc Au and Nancy O Sengdara-Au


      Chapter 13


      #5.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2016 Mazda CX9 VIN No.JM3TCACY0G0114772


      MOVANT: JPMORGAN CHASE BANK, N.A.


      EH     


      (Tele. appr. Wendy Locke, rep, moving party JPMorgan Chase Bank)


      Docket 35

      Tentative Ruling: 10/6/2020

      Service: Proper Opposition: None


      For the reasons set forth in the motion, the Court is inclined to:


      -GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1)

      -GRANT waiver of Rule 4001(a)(3) stay

      -GRANT request under ¶ 2


      APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

      Party Information

      Debtor(s):

      Loi Phuoc Au Represented By

      Todd B Becker

      Joint Debtor(s):

      Nancy O Sengdara-Au Represented By

      11:00 AM

      CONT...


      Movant(s):


      Loi Phuoc Au and Nancy O Sengdara-Au

      Todd B Becker


      Chapter 13

      JPMorgan Chase Bank, N.A. Represented By Joseph C Delmotte

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:20-14908


      Fury Investments, Inc. fdba Zelda's Nightclub


      Chapter 7


      #6.00 Notice of motion and motion for relief from automatic stay with supporting declarations ACTION IN NON-BANKRUPTCY FORUM RE: Davison vs. Fury Investments, Inc., et al; Docket no# PSC2002569 for Negligence; Premises Liability Dangerous Condition on Public Property; Premises Liability action pending at Riverside County Superior Court


      MOVANT: J.J.D.C.


      EH     


      (Tele. appr. Vincent Bledsoe, rep. movant J.J.D.C.)


      (Tele. appr. Catherine Gayer, rep. creditor, Sun, LLC) - LISTEN ONLY


      Docket 15


      Tentative Ruling:

      10/6/2020


      Service: Proper Opposition: None


      When considering a motion for relief from the automatic stay to pursue a non- bankruptcy action, the Court considers the Curtis factors:


      (1) Whether the relief will result in a partial or complete resolution of the issues; (2) the lack of any connection with or interference with the bankruptcy case; (3) whether the foreign proceeding involves the debtor as fiduciary; (4) 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; (5) whether the debtor’s insurance carrier has assumed full financial responsibility for

      11:00 AM

      CONT...


      Fury Investments, Inc. fdba Zelda's Nightclub

      defending the litigation; (6) whether the action essentially involves third parties, and the debtor functions only as a bailee or conduit for the good or proceeds in question; (7) whether the litigation in another forum would prejudice the interests of other creditors, the creditor’s committee and other interested parties; (8) whether the judgment claim arising from the foreign action is subject to equitable subordination; (9) whether movant’s success in the foreign proceeding would result in a judicial lien avoidable by the debtor under Section 522(f); (10) the interests of judicial economy and the expeditious and economical determination of litigation for the parties; (11) whether the foreign proceedings have progressed to the point where the parties are prepared for trial; and (12) the impact of the stay and the "balance of hurt."


      Chapter 7


      In re Roger, 539 B.R. 837, 844-45 (C.D. Cal. 2015). In Roger, the Court further stated:


      The Ninth Circuit has recognized that the Curtis factors are appropriate, nonexclusive, factors to consider in deciding whether to grant relief from the automatic stay to allow pending litigation to continue in another forum. While the Curtis factors are widely used to determine the existence of cause, not all of the factors are relevant in every case, nor is a court required to give each factor equal weight.

      According to the court in Curtis, the most important factor in determining whether to grant relief from the automatic stay to permit litigation against the debtor in another forum is the effect of such litigation on the administration of the estate. Even slight interference with the administration may be enough to preclude relief in the absence of a commensurate benefit. That said, some cases involving the automatic stay provision do not mention the Curtis factors at all.

      Nevertheless, although the term "cause" is not defined in the Code, courts in the Ninth Circuit have granted relief from stay under § 362(d)

      1. when necessary to permit pending litigation to be concluded in another forum if the non-bankruptcy suit involves multiple parties or is ready for trial.

        11:00 AM

        CONT...


        Fury Investments, Inc. fdba Zelda's Nightclub


        Chapter 7


        Id. at 845 (quotations and citations omitted). As is typically the case, "[t]he record does not indicate that Curtis factors 3, 4, [ ] 6, 8, or 9 are at issue in this case, nor do the parties argue to the contrary." Id.


        Turning to the remaining of the factors, the Court concludes that the majority of the factors weigh in favor of granting Movant relief from the automatic stay. Specifically, while the eleventh factor may weigh against granting relief from stay, because the state court litigation is in its early stages, the remainder of the factors weigh in favor of relief from stay being granted because Movant "seeks recovery only from applicable insurance, if any, and waives any deficiency or other claim against the Debtor or property of the Debtor’s bankruptcy estate." Because Movant has agreed to waive any deficiency claim against Debtor, the continuation of the state court proceedings will not interfere with the administration of the bankruptcy estate or prejudice any creditors. Furthermore, the Court notes that it deems Debtor’s failure to oppose to be consent to the relief requested pursuant to Local Rule 9013-1(h) and 11

        U.S.C. § 362(g)(2).


        Based on the foregoing, the Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1) and GRANT the request under ¶ 2.


        APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

        Party Information

        Debtor(s):

        Fury Investments, Inc. fdba Zelda's Represented By

        Jenny L Doling

        Movant(s):

              1. Represented By

                Vincent J. Bledsoe

                Trustee(s):

                Howard B Grobstein (TR) Represented By

                Ori S Blumenfeld

                11:00 AM

                CONT...


                Fury Investments, Inc. fdba Zelda's Nightclub


                Chapter 7

                11:00 AM

                6:20-15096


                Wassim E Homsi and Evelyn Homsi


                Chapter 7


                #7.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2017 Chevrolet Cruze, VIN: 1G1BE5SM7H7117397


                MOVANT: AMERICREDIT FINANCIAL SERVICES, INC.


                EH     


                (Tele. appr. Sheryl Ith, rep. moving party GM Financial Services, Inc.)


                Docket 10

                Tentative Ruling: 10/6/2020

                Service: Proper Opposition: None


                For the reasons set forth in the motion, the Court is inclined to:


                -GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1) and (d)(2)

                -GRANT waiver of Rule 4001(a)(3) stay

                -GRANT request under ¶ 2

                -DENY alternative request under ¶ 11 as moot


                APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

                Party Information

                Debtor(s):

                Wassim E Homsi Represented By Paul C Nguyen

                11:00 AM

                CONT...


                Wassim E Homsi and Evelyn Homsi


                Chapter 7

                Joint Debtor(s):

                Evelyn Homsi Represented By Paul C Nguyen

                Movant(s):

                AmeriCredit Financial Services, Inc. Represented By

                Sheryl K Ith

                Mandy D Youngblood

                Trustee(s):

                Robert Whitmore (TR) Pro Se

                11:00 AM

                6:20-15380


                Antonio J Rodriguez


                Chapter 7


                #8.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2018 Honda Accord, VIN: 1HGC V1F3 9JA1 84499


                MOVANT: AMERICAN HONDA FINANCE CORPORATION


                EH     


                (Tele. appr. Vincent Frounjian, rep. moving party American Honda Finance Corporation)


                Docket 10


                Tentative Ruling:

                10/6/2020


                Service: Proper Opposition: None


                11 U.S.C. § 362(h)(1)(A) provides:


                (h)(1) In a case in which the debtor is an individual, the stay provided by subsection (a) is terminated with respect to personal property of the estate or of the debtor securing in whole or in part a claim, or subject to an unexpired lease, and such personal property shall no longer be property of the estate if the debtor fails within the applicable time set by section 521(a)(2)--

                1. to file timely any statement of intention required under section 521(a)(2) with respect to such personal property or to indicate in such statement that the debtor will either surrender such personal property or retain it and, if retaining such personal property, either redeem such personal property pursuant to section 722, enter into an agreement of the kind specified in section 524(c) applicable to the debt secured by such personal property, or assume such unexpired lease pursuant to section 365(p) if the trustee does not do so, as applicable; and

        11:00 AM

        CONT...


        Antonio J Rodriguez


        Chapter 7


        (emphasis added).


        Here, Debtor’s statement of intention selects an option, known as "ride- through," that is not available in this circuit and is not an available choice under the statute. See In re Dumont, 581 F.3d 1104 (2009). Debtor was required to select to either abandon or redeem the property, or to enter into a reaffirmation agreement. See 11 U.S.C. § 362(h)(1)(A). As the deadline for filing or amending the statement of intention has passed pursuant to 11 U.S.C. § 521(a)(2) (A), the automatic stay has terminated as a matter of law. Therefore, the Court is inclined to DENY the motion as MOOT.


        APPEARANCES REQUIRED.

        Party Information

        Debtor(s):

        Antonio J Rodriguez Represented By Neil R Hedtke

        Movant(s):

        American Honda Finance Represented By Vincent V Frounjian

        Trustee(s):

        Steven M Speier (TR) Pro Se

        11:00 AM

        6:20-15879


        Martin Alejandro Leal and Monique Marlene Martinez


        Chapter 7


        #9.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2018 KIA FORTE, VIN 3KPFK4A78JE201094


        MOVANT: FIRST INVESTORS FINANCIAL SERVICES


        EH     


        (Tele. appr. Sheryl Ith, rep. moving party First Investors)


        Docket 9

        Tentative Ruling: 10/6/2020

        Service: Proper Opposition: None


        For the reasons set forth in the motion, the Court is inclined to:


        -GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1) and (2)

        -GRANT waiver of Rule 4001(a)(3) stay

        -GRANT request under ¶ 2

        -DENY alternative request under ¶ 11 as moot


        APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

        Party Information

        Debtor(s):

        Martin Alejandro Leal Represented By

        Raj T Wadhwani

        Joint Debtor(s):

        Monique Marlene Martinez Represented By

        11:00 AM

        CONT...


        Movant(s):


        Martin Alejandro Leal and Monique Marlene Martinez

        Raj T Wadhwani


        Chapter 7

        First Investors Financial Services Represented By

        Sheryl K Ith

        Trustee(s):

        Charles W Daff (TR) Pro Se

        11:00 AM

        6:20-16244


        Marisol Smith


        Chapter 13


        #10.00 Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate 34205 Sundew Court, Lake Elisinore, CA 92532


        MOVANT: MARISOL SMITH


        EH     


        (Tele. appr. Anthony Vigil, rep. Debtor)


        Docket 9

        Tentative Ruling: 10/6/2020

        Service: Proper Opposition: None


        Debtor had a previous case dismissed on October 3, 2019. Therefore, pursuant to 11

        U.S.C. § 362(c)(3)(A), the automatic stay in the instant case terminates on the thirtieth (30th) day following the petition date.


        11 U.S.C. § 362(c)(3)(C)(i)(II)(cc) provides for a presumption that this case was filed in bad faith as to all creditors because Debtor’s previous case was dismissed for failure to perform the terms of a plan confirmed by the Court. Therefore, pursuant to 11 U.S.C. § 362(c)(3)(B)-(C), Debtor must rebut this statutory presumption by providing "clear and convincing" evidence to the contrary.


        The Court has reviewed Debtor’s motion, service appears proper, and no opposition was received by the Court. After reviewing the motion, the Court finds that Debtor has provided sufficient detail relating to a change in financial circumstances since the dismissal of the previous case to rebut the statutory presumption that the case was filed in bad faith. Therefore, the Court will GRANT the motion to the extent of CONTINUING the automatic stay as to all creditors. The Court will DENY the

        11:00 AM

        CONT...


        Marisol Smith


        Chapter 13

        request to impose the automatic stay because 11 U.S.C. § 362(c)(4) does not apply to the instant case.


        APPEARANCES REQUIRED.

        Party Information

        Debtor(s):

        Marisol Smith Represented By Anthony B Vigil

        Movant(s):

        Marisol Smith Represented By Anthony B Vigil Anthony B Vigil

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:20-16199


        Deborah Lynn Mullenix


        Chapter 13


        #11.00 Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate 268 Canary Court, San Jacinto, CA 92582


        MOVANT DEBORAH MULLENIX


        EH     


        (Tele. appr. Joseline Medrano, rep. Debtor)


        Docket 14


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Deborah Lynn Mullenix Represented By Joselina L Medrano

        Movant(s):

        Deborah Lynn Mullenix Represented By Joselina L Medrano Joselina L Medrano Joselina L Medrano Joselina L Medrano Joselina L Medrano

        Trustee(s):

        Rod Danielson (TR) Pro Se

        2:00 PM

        6:19-21185


        Sunyeah Group Corporation


        Chapter 11


        #11.10 Debtor's Notice Of Motion And Motion to: (1) Determine Deficiency Claims Of Vehicle Lenders; (2) Distribute Funds To Creditors; and (3) Dismiss Chapter 11 Case


        EH     


        (Tele. appr. David Golubchik, rep. Debtor, Sunyeah Group Corporation) (Tele. appr. Jeffrey Kwong, rep. Debtor)

        Docket 150

        Tentative Ruling:

        10/6/2020

        BACKGROUND

        On December 30, 2019, Sunyeah Group Corporation ("Debtor") filed a Chapter 11 voluntary petition. On January 7, 2020, Levene Neal Bender, Yoo & Brill L.L.P. ("Counsel") filed an application to be employed as general bankruptcy counsel, which was approved pursuant to Court order entered January 28, 2020.

        On February 21, 2020, Debtor filed a sale motion seeking to sell, at an auction, a variety of equipment assets that were used in Debtor’s glass manufacturing, fabrication, and distribution business. The Court approved an application requesting a hearing on shortened time, and an initial hearing was held on March 2, 2020. Debtor’s landlord filed an opposition to the sale motion on February 25, 2020. The Court entered an order granting the motion on March 4, 2020, and Debtor subsequently scheduled an auction for April 23, 2020. The auction resulted in proceeds totaling approximately $700,000.

        2:00 PM

        CONT...

        Sunyeah Group Corporation

        Chapter 11


        Debtor and its landlord subsequently engaged in a variety of litigation/ motion practice, which ultimately resulted in the execution of a global settlement approved on July 15, 2020 [Dkt. No. 126].


        On September 15, 2020, Debtor filed its Motion to: (1) Determine Deficiency Claims of Vehicle Lenders; (2) Distribute Funds to Creditors; and (3) Dismiss Chapter 11 Case (the "Distribution Motion") [Dkt. No. 150]. Counsel also filed an application for compensation, seeking an aggregate $247,982.84 [Dkt. No. 151]. The Court has not received any opposition to either motion.


        DISCUSSION



        1. Distribution Motion


          The distribution motion contains a variety of distinct requests for relief.


          First, Debtors requests authority to abandon three Toyota Priuses (the "Prius Vehicles") pursuant to 11 U.S.C. § 554(a), which provides that: "After notice and a hearing, the trustee may abandon any property of the estate that is burdensome to the estate or that is of inconsequential value and benefit to the estate." For two of the three Prius Vehicles, Debtor has provided evidence, specifically the claims filed by the secured creditor (Claims 8 and 10), that indicate that the fair market value is equal to the amount of the secured claim. As such, the Court can conclude that those two vehicles are burdensome to the estate. For the third, vehicle, related to Claim #12, the only evidence provided by Debtor indicates that Debtor has $4,357.38 in equity in the vehicle. Nevertheless, based upon the probably costs of sale and Debtor’s assertion that previous attempted sales of the Prius Vehicles have fallen through, and noting the lack of opposition to the Distribution Motion, the Court can conclude that the estimated costs of administering the Toyota Prius with VIN # JTDKDTB30G1134663

          2:00 PM

          CONT...


          Sunyeah Group Corporation


          Chapter 11

          exceeds the estimated proceeds that the bankruptcy estate would receive. Therefore, the Court is inclined to GRANT Debtor’s request to abandon the Prius Vehicles.


          Debtor’s second request is that "[i]f necessary, the Court should determine: (1) the value of the vehicles, and (2) the vehicle lenders’ deficiency claims." As to all seven vehicles related to the above request, however, Debtor merely relies on the stated debt and fair market value asserted by the secured creditor in the respective proof of claims. As a result, there is no actual controversy or justiciable dispute. See, e.g., MedImmune, Inc. v. Genetech, Inc., 549 U.S. 118 (2007).


          Debtor’s third request is that the Court approved the approved distribution, attached to the Distribution Motion as Exhibit 1 (and subsequently dismiss the bankruptcy case). Structured dismissals, a relevant recently devised legal approach, still have uncertain legal standards. Specifically, the Court notes two articles written in the ABI Journal that detail the development of structured dismissals as a legal approach. Norman L. Pernick & G. David Dean, Structured Chapter 11 Dismissals: A Viable and Growing Alternative After Asset Sales, 29 AM. BANKR. L. J. 1 (June 2010) and Nan Roberts Eitel et. al., Structured Dismissals, or Cases Dismissed Outside of Code’s Structure?, 30 AM. BANKR. L. J. 20 (March 2011). The first article, written by a Delaware-based restructuring partner, stated the following:


          Before considering the factual record necessary for approval of a structured-dismissal motion, a bankruptcy court may first question the propriety of a structured dismissal as a matter of law. In so doing, a court may take the view that the Code does not authorize a structured dismissal, and that a structured dismissal equates to a sub rosa plan. Therefore, such a court might find that the debtor has three choices post-sale: (1) proceed with confirmation of a liquidating chapter 11 plan, (2) convert the case to chapter 7 and allow a chapter 7 trustee to administer the assets, or (3) dismiss the case via a simple dismissal order with no "bells and whistles."


          If a bankruptcy court finds that structured dismissal is permissible, which most courts considering the issue to date appear to conclude, the

          2:00 PM

          CONT...


          Sunyeah Group Corporation

          next question is what factual showing is necessary to justify entry of a structured dismissal order. Although there are no definitive answers, three factual scenarios describe the circumstances in which most structured dismissals have been approved to date.


          The first such case is one in which the debtor’s assets have been sold in the chapter 11 case but the debtor is administratively insolvent or is potentially administratively insolvent and does not have the means to fund the confirmation process. . . .


          The second type of case is one in which the debtor has liquidated all of its assets and potentially could confirm a chapter 11 liquidating plan. In such cases, proponents argue that a structured dismissal is most appropriate because funding the plan process would eliminate or reduce the remaining pot of money available for distribution to pay unsecured creditors. Parties seeking approval of such structured dismissals typically argue that § 1112(b)(4)’s list of what constitutes "cause" for dismissal is nonexclusive and that the bankruptcy court has broad discretion to approve a structured dismissal, if it is in the best interests of creditors. . . .


          The final scenario where structured dismissals are sought is where a debtor’s assets have not been fully administered by way of a pre- confirmation sale process, but rather a workout has been achieved.


          Chapter 11


          (footnotes omitted).


          Nevertheless, the second article, written by an Associate General Counsel for Chapter 11 Practice at the Executive Office for U.S. Trustees, express general concern regarding structured dismissals, noting that "structured dismissals are a new permutation of the sub rosa plan" and that:


          First, compared to plan confirmation, structured dismissals "end

          2:00 PM

          CONT...


          Sunyeah Group Corporation

          run . . . the protection granted creditors in chapter 11" and strongly resemble impermissible sub rosa plans. Second, unlike chapter 7 liquidation, structured dismissals distribute assets without enforcing priorities, addressing litigation or ensuring accountability for distributing assets. Third, unlike traditional dismissals, structured dismissals fail to reinstate state law creditor remedies."


          Chapter 11


          (footnote omitted); see also Lisa S. Gretchko et. al., Nuts and Bolts of the Structured Dismissal of a Chapter 11 Case, 39 AM. BANKR. L. J. 12 (May 2020) ("It is debatable whether the text of the Bankruptcy Code authorizes structured dismissals."); see also Kaylynn Webb, Utilizing the Fourth Option: Examining the Permissibility of Structured Dismissals That Do Not Deviate from the Bankruptcy Code’s Priority Scheme, 33 EMORY. BANKR. DEV. J. 355 (2016) ("Two notable opponents of structured dismissal are the United States Trustee ("UST") and the American Bankruptcy Institute.").


          In accordance with the above articles surveying the state of the law, the Court’s general approach is to weigh the absence of procedural safeguards in a structured dismissal with the harm to creditors caused by a less expeditious alternative exit strategy. Here, however, the case is somewhat unique is that there is more than

          $200,000 in estate funds for distribution to general, unsecured creditors.


          If the Debtor’s proposed distribution scheme is approved, the Court notes that it is of the opinion that 11 U.S.C. § 1112(b)(4)(A) allows for dismissal/conversion after a Chapter 11 debtor has sold all or substantially all of its assets. Specifically, § 1112(b) (4)(A) provides that cause for dismissal or conversion includes "substantial or continuing loss to or diminution of the estate and the absence of a reasonable likelihood of rehabilitation." It is the Court’s opinion that a business that has been sold and is no longer operating or afforded with any plausible options for generating revenue, will necessarily experience a diminution of the estate and will not have a reasonable likelihood of rehabilitation.

          2:00 PM

          CONT...


          Sunyeah Group Corporation

        2. Application for Compensation


          Chapter 11



          The Court applies 11 U.S.C. § 330(a) to its review of Counsel’s application for compensation. 11 U.S.C. § 330 provides:


          11 U.S.C. § 330(a)(1)-(6) provides:

          (a)(1) After notice to the parties in interest and the United States Trustee and a hearing, and subject to sections 326, 328, and 329, the court may award to a trustee, a consumer privacy ombudsman appointed under section 332, an examiner, an ombudsman appointed under section 333, or a professional person employed under section 327 or 1103 –

          1. reasonable compensation for actual, necessary services rendered by the trustee, examiner, ombudsman, professional person, or attorney and by any paraprofessional person employed by any such person; and

          2. reimbursement for actual, necessary expenses.

      2. The court may, on its own motion or on the motion of the United States Trustee, the United States Trustee for the District or Region, the trustee for the estate, or any other party in interest, award compensation that is less than the amount of compensation that is requested.

      3. In determining the amount of reasonable compensation to be awarded to an examiner, trustee under chapter 11, or professional person, the court shall consider the nature, the extent, and the value of such services, taking into account all relevant factors, including –

        1. the time spent on such services;

        2. the rates charged for such services;

        3. whether the services were necessary to the administration of, or beneficial at the time at which the service was rendered toward the completion of, a case under this title;

        4. whether the services were performed within a reasonable amount of time commensurate with the

          2:00 PM

          CONT...


          Sunyeah Group Corporation

          complexity, importance, and nature of the problem, issue, or task addressed;

        5. with respect to a professional person, whether the person is board certified or otherwise has demonstrated skill and experience in the bankruptcy field; and

        6. whether the compensation is reasonable based on the customary compensation charged by comparably skilled practitioners in cases other than cases under this title.

      (4)(A) Except as provided in subparagraph (B), the court shall not allow compensation for –

      1. unnecessary duplication of services; or

      2. services that were not –

        1. reasonably likely to benefit the debtor’s estate; or

        2. necessary to the administration of the case. . . .

    4. The court shall reduce the amount of compensation awarded under this section by the amount of any interim compensation awarded under section 331, and, if the amount of such interim compensation exceeds the amount of compensation awarded under this section, may order the return of the excess to the estate.

    5. Any compensation awarded for the preparation of a fee application shall be based on the level and skill reasonably required to prepare the application.


Chapter 11


More specifically, when examining an application for compensation, the Court should consider the following questions:


First, were the services authorized? Second, were the services necessary or beneficial to the administration of the estate at the time they were rendered? Third, are the services adequately documented? Fourth, are the fees requested reasonable, taking into consideration the factors set forth in § 330(a)(3)? Finally, in making this determination, the court must take into consideration whether the professional exercised reasonable billing judgment. As stated in In re Riverside- Linden Inv. Co., 925 F.2d 320, 321 (9th Cir. 1991), "when a cost

2:00 PM

CONT...


Sunyeah Group Corporation

benefit analysis indicates that the only parties who will likely benefit from a service are the trustee and his professionals," the service is unwarranted and a court does not abuse its discretion in denying fees for those services.


Chapter 11



In re Mednet, 251 B.R. 103, 1089-09 (B.A.P. 9th Cir. 2003) (citation and footnote omitted).


Here, the Court notes that no party has opposed Counsel’s application for compensation, which the Court deems consent to the relief requested pursuant to Local Rule 9013-1(h). The Court, having review the application for compensation, finds that the services provided were: (1) authorized; (2) necessary or beneficial to the administration of the estate; (3) adequately documented; and (4) generally reasonable pursuant to the standards of § 330(a)(3).


TENTATIVE RULING



The Court is inclined to GRANT the motion in its entirety.


APPEARANCES REQUIRED.


Party Information

Debtor(s):

Sunyeah Group Corporation Represented By David B Golubchik Jeffrey S Kwong

2:00 PM

CONT...

Movant(s):


Sunyeah Group Corporation


Chapter 11

Sunyeah Group Corporation Represented By David B Golubchik Jeffrey S Kwong

2:00 PM

6:19-21185


Sunyeah Group Corporation


Chapter 11


#12.00 Application for Compensation First And Final Application Of Levene, Neale, Bender, Yoo & Brill L.L.P. For Approval Of Fees And Reimbursement Of Expenses; Period: 12/30/2019 to 9/3/2020, Fees: $232,260.50, Expenses:

$15,722.34


EH     


(Tele. appr. Jeffrey Kwong, rep. Debtor) (Tele. appr. David Golubchik, rep. Debtor)

Docket 151

Tentative Ruling:

10/6/2020

BACKGROUND

On December 30, 2019, Sunyeah Group Corporation ("Debtor") filed a Chapter 11 voluntary petition. On January 7, 2020, Levene Neal Bender, Yoo & Brill L.L.P. ("Counsel") filed an application to be employed as general bankruptcy counsel, which was approved pursuant to Court order entered January 28, 2020.

On February 21, 2020, Debtor filed a sale motion seeking to sell, at an auction, a variety of equipment assets that were used in Debtor’s glass manufacturing, fabrication, and distribution business. The Court approved an application requesting a hearing on shortened time, and an initial hearing was held on March 2, 2020. Debtor’s landlord filed an opposition to the sale motion on February 25, 2020. The Court entered an order granting the motion on March 4, 2020, and Debtor subsequently scheduled an auction for April 23, 2020. The auction resulted in proceeds totaling

2:00 PM

CONT...

Sunyeah Group Corporation

Chapter 11

approximately $700,000.


Debtor and its landlord subsequently engaged in a variety of litigation/ motion practice, which ultimately resulted in the execution of a global settlement approved on July 15, 2020 [Dkt. No. 126].


On September 15, 2020, Debtor filed its Motion to: (1) Determine Deficiency Claims of Vehicle Lenders; (2) Distribute Funds to Creditors; and (3) Dismiss Chapter 11 Case (the "Distribution Motion") [Dkt. No. 150]. Counsel also filed an application for compensation, seeking an aggregate $247,982.84 [Dkt. No. 151]. The Court has not received any opposition to either motion.


DISCUSSION



  1. Distribution Motion


    The distribution motion contains a variety of distinct requests for relief.


    First, Debtors requests authority to abandon three Toyota Priuses (the "Prius Vehicles") pursuant to 11 U.S.C. § 554(a), which provides that: "After notice and a hearing, the trustee may abandon any property of the estate that is burdensome to the estate or that is of inconsequential value and benefit to the estate." For two of the three Prius Vehicles, Debtor has provided evidence, specifically the claims filed by the secured creditor (Claims 8 and 10), that indicate that the fair market value is equal to the amount of the secured claim. As such, the Court can conclude that those two vehicles are burdensome to the estate. For the third, vehicle, related to Claim #12, the only evidence provided by Debtor indicates that Debtor has $4,357.38 in equity in the vehicle. Nevertheless, based upon the probably costs of sale and Debtor’s assertion that previous attempted sales of the Prius Vehicles have fallen through, and noting the lack of opposition to the Distribution Motion, the Court can conclude that the

    2:00 PM

    CONT...


    Sunyeah Group Corporation


    Chapter 11

    estimated costs of administering the Toyota Prius with VIN # JTDKDTB30G1134663 exceeds the estimated proceeds that the bankruptcy estate would receive. Therefore, the Court is inclined to GRANT Debtor’s request to abandon the Prius Vehicles.


    Debtor’s second request is that "[i]f necessary, the Court should determine: (1) the value of the vehicles, and (2) the vehicle lenders’ deficiency claims." As to all seven vehicles related to the above request, however, Debtor merely relies on the stated debt and fair market value asserted by the secured creditor in the respective proof of claims. As a result, there is no actual controversy or justiciable dispute. See, e.g., MedImmune, Inc. v. Genetech, Inc., 549 U.S. 118 (2007).


    Debtor’s third request is that the Court approved the approved distribution, attached to the Distribution Motion as Exhibit 1 (and subsequently dismiss the bankruptcy case). Structured dismissals, a relevant recently devised legal approach, still have uncertain legal standards. Specifically, the Court notes two articles written in the ABI Journal that detail the development of structured dismissals as a legal approach. Norman L. Pernick & G. David Dean, Structured Chapter 11 Dismissals: A Viable and Growing Alternative After Asset Sales, 29 AM. BANKR. L. J. 1 (June 2010) and Nan Roberts Eitel et. al., Structured Dismissals, or Cases Dismissed Outside of Code’s Structure?, 30 AM. BANKR. L. J. 20 (March 2011). The first article, written by a Delaware-based restructuring partner, stated the following:


    Before considering the factual record necessary for approval of a structured-dismissal motion, a bankruptcy court may first question the propriety of a structured dismissal as a matter of law. In so doing, a court may take the view that the Code does not authorize a structured dismissal, and that a structured dismissal equates to a sub rosa plan. Therefore, such a court might find that the debtor has three choices post-sale: (1) proceed with confirmation of a liquidating chapter 11 plan, (2) convert the case to chapter 7 and allow a chapter 7 trustee to administer the assets, or (3) dismiss the case via a simple dismissal order with no "bells and whistles."


    If a bankruptcy court finds that structured dismissal is permissible,

    2:00 PM

    CONT...


    Sunyeah Group Corporation

    which most courts considering the issue to date appear to conclude, the next question is what factual showing is necessary to justify entry of a structured dismissal order. Although there are no definitive answers, three factual scenarios describe the circumstances in which most structured dismissals have been approved to date.


    The first such case is one in which the debtor’s assets have been sold in the chapter 11 case but the debtor is administratively insolvent or is potentially administratively insolvent and does not have the means to fund the confirmation process. . . .


    The second type of case is one in which the debtor has liquidated all of its assets and potentially could confirm a chapter 11 liquidating plan. In such cases, proponents argue that a structured dismissal is most appropriate because funding the plan process would eliminate or reduce the remaining pot of money available for distribution to pay unsecured creditors. Parties seeking approval of such structured dismissals typically argue that § 1112(b)(4)’s list of what constitutes "cause" for dismissal is nonexclusive and that the bankruptcy court has broad discretion to approve a structured dismissal, if it is in the best interests of creditors. . . .


    The final scenario where structured dismissals are sought is where a debtor’s assets have not been fully administered by way of a pre- confirmation sale process, but rather a workout has been achieved.


    Chapter 11


    (footnotes omitted).


    Nevertheless, the second article, written by an Associate General Counsel for Chapter 11 Practice at the Executive Office for U.S. Trustees, express general concern regarding structured dismissals, noting that "structured dismissals are a new permutation of the sub rosa plan" and that:

    2:00 PM

    CONT...


    Sunyeah Group Corporation

    First, compared to plan confirmation, structured dismissals "end run . . . the protection granted creditors in chapter 11" and strongly resemble impermissible sub rosa plans. Second, unlike chapter 7 liquidation, structured dismissals distribute assets without enforcing priorities, addressing litigation or ensuring accountability for distributing assets. Third, unlike traditional dismissals, structured dismissals fail to reinstate state law creditor remedies."


    Chapter 11


    (footnote omitted); see also Lisa S. Gretchko et. al., Nuts and Bolts of the Structured Dismissal of a Chapter 11 Case, 39 AM. BANKR. L. J. 12 (May 2020) ("It is debatable whether the text of the Bankruptcy Code authorizes structured dismissals."); see also Kaylynn Webb, Utilizing the Fourth Option: Examining the Permissibility of Structured Dismissals That Do Not Deviate from the Bankruptcy Code’s Priority Scheme, 33 EMORY. BANKR. DEV. J. 355 (2016) ("Two notable opponents of structured dismissal are the United States Trustee ("UST") and the American Bankruptcy Institute.").


    In accordance with the above articles surveying the state of the law, the Court’s general approach is to weigh the absence of procedural safeguards in a structured dismissal with the harm to creditors caused by a less expeditious alternative exit strategy. Here, however, the case is somewhat unique is that there is more than

    $200,000 in estate funds for distribution to general, unsecured creditors.


    If the Debtor’s proposed distribution scheme is approved, the Court notes that it is of the opinion that 11 U.S.C. § 1112(b)(4)(A) allows for dismissal/conversion after a Chapter 11 debtor has sold all or substantially all of its assets. Specifically, § 1112(b) (4)(A) provides that cause for dismissal or conversion includes "substantial or continuing loss to or diminution of the estate and the absence of a reasonable likelihood of rehabilitation." It is the Court’s opinion that a business that has been sold and is no longer operating or afforded with any plausible options for generating revenue, will necessarily experience a diminution of the estate and will not have a reasonable likelihood of rehabilitation.

    2:00 PM

    CONT...


    Sunyeah Group Corporation


    Chapter 11


  2. Application for Compensation


    The Court applies 11 U.S.C. § 330(a) to its review of Counsel’s application for compensation. 11 U.S.C. § 330 provides:


    11 U.S.C. § 330(a)(1)-(6) provides:

    (a)(1) After notice to the parties in interest and the United States Trustee and a hearing, and subject to sections 326, 328, and 329, the court may award to a trustee, a consumer privacy ombudsman appointed under section 332, an examiner, an ombudsman appointed under section 333, or a professional person employed under section 327 or 1103 –

    1. reasonable compensation for actual, necessary services rendered by the trustee, examiner, ombudsman, professional person, or attorney and by any paraprofessional person employed by any such person; and

    2. reimbursement for actual, necessary expenses.

  1. The court may, on its own motion or on the motion of the United States Trustee, the United States Trustee for the District or Region, the trustee for the estate, or any other party in interest, award compensation that is less than the amount of compensation that is requested.

  2. In determining the amount of reasonable compensation to be awarded to an examiner, trustee under chapter 11, or professional person, the court shall consider the nature, the extent, and the value of such services, taking into account all relevant factors, including –

    1. the time spent on such services;

    2. the rates charged for such services;

    3. whether the services were necessary to the administration of, or beneficial at the time at which the service was rendered toward the completion of, a case under this title;

      2:00 PM

      CONT...


      Sunyeah Group Corporation

    4. whether the services were performed within a reasonable amount of time commensurate with the complexity, importance, and nature of the problem, issue, or task addressed;

    5. with respect to a professional person, whether the person is board certified or otherwise has demonstrated skill and experience in the bankruptcy field; and

    6. whether the compensation is reasonable based on the customary compensation charged by comparably skilled practitioners in cases other than cases under this title.

(4)(A) Except as provided in subparagraph (B), the court shall not allow compensation for –

  1. unnecessary duplication of services; or

  2. services that were not –

    1. reasonably likely to benefit the debtor’s estate; or

    2. necessary to the administration of the case. . . .

  1. The court shall reduce the amount of compensation awarded under this section by the amount of any interim compensation awarded under section 331, and, if the amount of such interim compensation exceeds the amount of compensation awarded under this section, may order the return of the excess to the estate.

  2. Any compensation awarded for the preparation of a fee application shall be based on the level and skill reasonably required to prepare the application.


    Chapter 11


    More specifically, when examining an application for compensation, the Court should consider the following questions:


    First, were the services authorized? Second, were the services necessary or beneficial to the administration of the estate at the time they were rendered? Third, are the services adequately documented? Fourth, are the fees requested reasonable, taking into consideration the factors set forth in § 330(a)(3)? Finally, in making this determination, the court must take into consideration whether the professional

    2:00 PM

    CONT...


    Sunyeah Group Corporation

    exercised reasonable billing judgment. As stated in In re Riverside- Linden Inv. Co., 925 F.2d 320, 321 (9th Cir. 1991), "when a cost benefit analysis indicates that the only parties who will likely benefit from a service are the trustee and his professionals," the service is unwarranted and a court does not abuse its discretion in denying fees for those services.


    Chapter 11



    In re Mednet, 251 B.R. 103, 1089-09 (B.A.P. 9th Cir. 2003) (citation and footnote omitted).


    Here, the Court notes that no party has opposed Counsel’s application for compensation, which the Court deems consent to the relief requested pursuant to Local Rule 9013-1(h). The Court, having review the application for compensation, finds that the services provided were: (1) authorized; (2) necessary or beneficial to the administration of the estate; (3) adequately documented; and (4) generally reasonable pursuant to the standards of § 330(a)(3).


    TENTATIVE RULING



    The Court is inclined to GRANT the motion in its entirety.


    APPEARANCES REQUIRED.


    Party Information

    Debtor(s):

    Sunyeah Group Corporation Represented By David B Golubchik Jeffrey S Kwong

    2:00 PM

    CONT...

    Movant(s):


    Sunyeah Group Corporation


    Chapter 11

    Levene, Neale, Bender Yoo & Brill Represented By

    David B Golubchik

    10:00 AM

    6:20-13573


    Jose Luis Raygoza and Vera Helen Raygoza


    Chapter 7


    #1.00 CONT Pro se Reaffirmation Agreement Between Debtor and Ally Bank re 2017 Honda Civic


    From: 9/9/20 EH     

    (Tele. appr. Jose Raygoza, pro se Debtor) (Tele. appr. Vera Raygoza, pro se Debtor)

    Docket 27


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Jose Luis Raygoza Pro Se

    Joint Debtor(s):

    Vera Helen Raygoza Pro Se

    Trustee(s):

    Howard B Grobstein (TR) Pro Se

    10:00 AM

    6:20-14439


    Dercy Reyes and Leah Reyes


    Chapter 7


    #2.00 Pro se Reaffirmation Agreement Between Debtor and Ford Motor Credit Company LLC 2018 Ford Explorer


    EH     


    (Tele. appr. Eugenio Ramos, attorney for Debtor) (Tele. appr. Dercy Reyes, pro se Debtor)

    (Tele. appr. Leah Reyes, pro se Debtor)


    Docket 22


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Dercy Reyes Represented By

    Eugenio Ramos

    Joint Debtor(s):

    Leah Reyes Represented By

    Eugenio Ramos

    Trustee(s):

    Arturo Cisneros (TR) Pro Se

    10:00 AM

    6:20-15316


    Miguel Angel Ramirez-Lopez and Cruz Maria Ramirez


    Chapter 7


    #3.00 Pro se Reaffirmation Agreement Between Debtor and Santander Consumer USA Inc., re: 2018 Nissan Altima


    EH     


    Docket 13


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Miguel Angel Ramirez-Lopez Pro Se

    Joint Debtor(s):

    Cruz Maria Ramirez Pro Se

    Trustee(s):

    Karl T Anderson (TR) Pro Se

    11:00 AM

    6:08-12914


    Gary M Fox and Maria T Fox


    Chapter 7


    #4.00 Notice of Trustee's Final Report and Applications for Compensation EH     

    Docket 40


    Tentative Ruling:

    10/7/2020


    Service: Proper Opposition: None


    11 U.S.C. § 326(a) states:


    In a case under chapter 7 or 11, the court may allow reasonable compensation under section 330 of this title of the trustee for the trustee’s services, payable after the trustee renders such services, not to exceed 25 percent on the first

    $5,000 or less, 10 percent on any amount in excess of $5,000 but not in excess of $50,000, 5 percent on any amount in excess of $50,000 but not in excess of

    $1,000,000, and reasonable compensation not to exceed 3 percent of any moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims


    (emphasis added).


    Here, Trustee is basing his requested compensation on $138,483.59 of "total disbursements." However, that amount includes $103,483.59 in administrative expenses, already paid by the settlement administrator from the litigation settlement. (See Dkt. 32, ¶¶ 4-6). These moneys were not, at any time, held or administered by Trustee, let alone received by Trustee, or disbursed by Trustee. Therefore, the

    $103,483.59 is not properly categorized as a "disbursement" by the Trustee. In light of the foregoing, the Court is inclined to reduce the basis upon which

    11:00 AM

    CONT...


    Gary M Fox and Maria T Fox


    Chapter 7

    Trustee’s statutory fee is calculated, eliminating those amounts that were at no time administered, held, received, or disbursed by Trustee. The remaining amount actually received and proposed to be distributed by Trustee is $35,000. With this amount as the basis for Trustee’s fee, the Court is inclined to reduce the Trustee’s fees and APPROVE the administrative expenses as follows:


    Trustee Fees: $4,250. Trustee Expenses: $116.58


    Attorney Fees: $6,738 Attorney Costs: $416.25


    APPEARANCES REQUIRED.


    Party Information

    Debtor(s):

    Gary M Fox Represented By

    Gary J Holt

    Joint Debtor(s):

    Maria T Fox Represented By

    Gary J Holt

    Trustee(s):

    Karl T Anderson (TR) Represented By Richard A Marshack Laila Masud

    11:00 AM

    6:19-20664


    James K. McCullion and Megan N. McCullion


    Chapter 7


    #5.00 Notice of Trustee's Final Report and Applications for Compensation EH     

    (Tele. appr. Larry Simons, chapter 7 Trustee)


    Docket 23


    Tentative Ruling:

    10/7/2020


    Service: Proper Opposition: None


    The application for compensation of the Trustee has been set for hearing on the notice required by LBR 2016-1. Pursuant to the Trustee's Final Report, the Court is inclined to APPROVE the following administrative expenses:


    Trustee Fees: $1,150.75 Trustee Expenses: $77.25


    APPEARANCES WAIVED. If written or oral opposition is presented at the hearing, the hearing may be continued. Trustee to lodge order within 7 days.


    Party Information

    Debtor(s):

    James K. McCullion Represented By Gregory Ashcraft

    Joint Debtor(s):

    Megan N. McCullion Represented By Gregory Ashcraft

    11:00 AM

    CONT...

    Trustee(s):


    James K. McCullion and Megan N. McCullion


    Chapter 7

    Larry D Simons (TR) Pro Se

    11:00 AM

    6:20-10384


    Miguel A. Flores and Gloria Flores


    Chapter 7


    #6.00 Notice of Trustee's Final Report and Applications for Compensation EH     

    Docket 23

    Tentative Ruling:


    10/7/2020


    Service: Proper Opposition: None


    The application for compensation of the Trustee has been set for hearing on the notice required by LBR 2016-1. Pursuant to the Trustee's Final Report, the Court is inclined to APPROVE the following administrative expenses:


    Trustee Fees: $677.00 Trustee Expenses: $28.46


    APPEARANCES WAIVED. If written or oral opposition is presented at the hearing, the hearing may be continued. Trustee to lodge order within 7 days.

    Party Information

    Debtor(s):

    Miguel A. Flores Represented By Keith Q Nguyen

    Joint Debtor(s):

    Gloria Flores Represented By

    Keith Q Nguyen

    Trustee(s):

    Karl T Anderson (TR) Pro Se

    11:00 AM

    6:20-12197


    Russell Ray Bomar, Jr.


    Chapter 7


    #7.00 CONT Order to Show Cause re Contempt and for Sanctions From: 8/19/20

    EH        


    (Tele. appr. Lysa Simon, rep. creditor, Chaffey Federal Credit Union)


    Docket 27

    *** VACATED *** REASON: CONTINUED TO 10/28/20 BY ORDER ENTERED 10/6/20 (DOC. 39)

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Russell Ray Bomar Jr. Represented By Neil R Hedtke

    Movant(s):

    Chaffey Federal Credit Union Represented By

    A. Lysa Simon

    Trustee(s):

    Karl T Anderson (TR) Pro Se

    2:00 PM

    6:17-20092


    Mark Bastorous


    Chapter 7

    Adv#: 6:19-01080 United States Trustee for the Central District of v. Bastorous et al


    #8.00 CONT Status Conference RE: [1] Adversary case 6:19-ap-01080. Complaint by United States Trustee for the Central District of California, Region 16 against Mark Bastorous, Bernadette Shenouda. (Fee Not Required). with adversary cover sheet Nature of Suit: (41 (Objection / revocation of discharge - 727(c),(d),(e))) (Green, Everett)


    From: 7/17/19, 8/28/19, 10/2/19 EH     

    Docket 1

    *** VACATED *** REASON: CONTINUED TO 2/17/21 AT 2:00 P.M.

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Mark Bastorous Represented By Thomas F Nowland

    Defendant(s):

    Mark Bastorous Represented By Thomas F Nowland

    Bernadette Shenouda Represented By Thomas F Nowland

    Joint Debtor(s):

    Bernadette Shenouda Represented By Thomas F Nowland

    Plaintiff(s):

    United States Trustee for the Central Represented By

    Everett L Green

    2:00 PM

    CONT...

    Trustee(s):


    Mark Bastorous


    Chapter 7

    John P Pringle (TR) Represented By David M Goodrich Reem J Bello

    2:00 PM

    6:18-10939


    Vance Zachary Johnson


    Chapter 7

    Adv#: 6:18-01106 Bankers Healthcare Group, LLC v. Johnson


    #9.00 Pre-Trial Conference RE: [1] Adversary case 6:18-ap-01106. Complaint by Bankers Healthcare Group, LLC against Vance Zachary Johnson. 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)) (Turoci, Todd)


    From: 7/10/18, 2/20/19, 4/24/19, 7/3/19, 7/17/19, 8/21/19, 11/20/19, 1/29/20, 3/25/20, 4/1/20, 4/15/20, 7/1/20, 7/29/20


    EH         


    Docket 1

    *** VACATED *** REASON: CONTINUED TO 10/14/20 @ 2:00 P.M. BY ORDER ENTERED ON 9/14/20 (DOC. 101 )

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Vance Zachary Johnson Represented By Robert P Goe

    Defendant(s):

    Vance Zachary Johnson Represented By Robert P Goe Stephen Reider

    Plaintiff(s):

    Bankers Healthcare Group, LLC Represented By

    Todd L Turoci

    Trustee(s):

    Todd A. Frealy (TR) Represented By

    2:00 PM

    CONT...


    Vance Zachary Johnson


    Monica Y Kim


    Chapter 7

    2:00 PM

    6:19-19387


    Corinne Lara Ramirez


    Chapter 7

    Adv#: 6:20-01006 Eggleston et al v. Ramirez


    #10.00 Motion to Dismiss for Failure to State a Claim EH     

    Docket 39

    *** VACATED *** REASON: CONTINUED TO 10/14/20 @ 2:00 P.M. BY ORDER ENTERED ON 9/14/20 (DOC. 48)

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Corinne Lara Ramirez Represented By Natalie A Alvarado

    Defendant(s):

    Corinne Lara Ramirez Represented By Scott Talkov

    Movant(s):

    Corinne Lara Ramirez Represented By Scott Talkov

    Plaintiff(s):

    David Eggleston Represented By Tyler H Brown

    Karin Doerr Represented By

    Tyler H Brown

    Richard Alvarado Represented By Tyler H Brown

    Yan Sum Alvarado Represented By Tyler H Brown

    2:00 PM

    CONT...

    Trustee(s):


    Corinne Lara Ramirez


    Chapter 7

    Steven M Speier (TR) Pro Se

    2:00 PM

    6:19-19387


    Corinne Lara Ramirez


    Chapter 7

    Adv#: 6:20-01006 Eggleston et al v. Ramirez


    #11.00 Status Conference RE: [1] Adversary case 6:20-ap-01006. Complaint by David Eggleston, Karin Doerr, Richard Alvarado, Yan Sum Alvarado against Corinne Lara Ramirez. (d),(e))),(62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)) (Brown, Tyler)


    EH     


    Docket 1

    *** VACATED *** REASON: CONTINUED TO 10/14/20 @ 2:00 P.M. BY ORDER ENTERED ON 9/14/20 (DOC. 48 )

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Corinne Lara Ramirez Represented By Natalie A Alvarado

    Defendant(s):

    Corinne Lara Ramirez Represented By Scott Talkov

    Plaintiff(s):

    David Eggleston Represented By Tyler H Brown

    Karin Doerr Represented By

    Tyler H Brown

    Richard Alvarado Represented By Tyler H Brown

    Yan Sum Alvarado Represented By Tyler H Brown

    2:00 PM

    CONT...

    Trustee(s):


    Corinne Lara Ramirez


    Chapter 7

    Steven M Speier (TR) Pro Se

    2:00 PM

    6:20-11490


    Niels Erik Torring


    Chapter 7

    Adv#: 6:20-01123 Thompson v. Torring


    #12.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01123. Complaint by Greg Thompson against Niels Erik Torring . 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))


    From: 9/2/20 EH     

    Docket 1

    *** VACATED *** REASON: CONT. TO 10/14/20 @ 2:00 p.m. PER ORDER ENTERED ON 9/14/20 (doc. 9) - jc

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Niels Erik Torring Pro Se

    Defendant(s):

    Niels Erik Torring Pro Se

    Joint Debtor(s):

    Sonja Haupt Torring Pro Se

    Plaintiff(s):

    Greg Thompson Represented By John G Dickman

    Trustee(s):

    Steven M Speier (TR) Pro Se

    11:00 AM

    6:10-20626


    Irma Cantu


    Chapter 13

    Adv#: 6:17-01057 Cantu v. Ocwen Loan Servicing, LLC et al


    #1.00 CONT Status Conference RE: [1] Adversary case 6:17-ap-01057. Complaint by Irma Cantu against Ocwen Loan Servicing, LLC. (Fee Not Required). Nature of Suit: (21 (Validity, priority or extent of lien or other interest in property)),(65 (Dischargeability - other)),(72 (Injunctive relief - other)) (Cravens, Leonard)


    From: 11/15/18, 6/6/19, 10/18/19, 12/19/19, 1/30/20, 4/23/20, 4/30/20, 5/14/20, 7/2/20, 8/20/20


    EH     


    Docket 1

    Debtor(s):

    *** VACATED *** REASON: ADVERSARY DISMISSED 9/11/20

    Party Information

    Irma Cantu Represented By

    Leonard J Cravens

    Defendant(s):

    Ocwen Loan Servicing, LLC Represented By Adam N Barasch

    Ocwen Loan Servicing, LLC Represented By Adam N Barasch

    Plaintiff(s):

    Irma Cantu Represented By

    Leonard J Cravens

    Trustee(s):

    Rod (MJ) Danielson (TR) Pro Se

    11:00 AM

    6:16-15959


    Feliciano Julian De Vera and Pacita DelaCruz De Vera


    Chapter 13


    #2.00 Trustee's Motion to Dismiss Case re Tax Returns/Refunds EH     

    Docket 59


    Debtor(s):

    *** VACATED *** REASON: CONTINUED TO 10/15/20 @ 11:00 a.m. BY ORDER ENTERED 9/14/20 (doc. 63) - jc

    Party Information

    Feliciano Julian De Vera Represented By Lawrence B Yang

    Joint Debtor(s):

    Pacita DelaCruz De Vera Represented By Lawrence B Yang

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:17-12149


    Irma Dalia Cantu


    Chapter 13


    #3.00 CONT Trustee's Motion to Dismiss Case From: 6/11/20, 7/2/20, 8/20/20

    Also # EH     

    Docket 86


    Debtor(s):

    *** VACATED *** REASON: Cont. to 10/15/20 @ 11:00 a.m. by order entered on 9/14/20 (doc. 104) - jc

    Party Information

    Irma Dalia Cantu Represented By Leonard J Cravens

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:17-12149


    Irma Dalia Cantu


    Chapter 13


    #4.00 CONT Debtor's Motion for Order Disallowing Claim no 1-1 filed by Ocwen Loan Servicing, LLC

    (HOLDING DATE)


    From: 6/4/18, 8/30/18, 11/15/18, 6/6/19, 10/17/19, 12/19/19, 1/30/20, 4/23/20, 4/30/20, 5/14/20, 7/2/20, 8/20/20


    Also # EH     


    Docket 24


    Debtor(s):

    *** VACATED *** REASON: CONTINUED TO 10/15/20 @ 11:00 AM BY ORDER ENTERED 9/14/20 (doc. 104) - jc

    Party Information

    Irma Dalia Cantu Represented By Leonard J Cravens

    Movant(s):

    Irma Dalia Cantu Represented By Leonard J Cravens Leonard J Cravens

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:17-15772


    Annette Leshon Rudd


    Chapter 13


    #5.00 Trustee's Motion to Dismiss Case re Tax Returns/Refunds EH     

    Docket 133


    Debtor(s):

    *** VACATED *** REASON: CONTINUED TO 10/15/20 @ 11:00 A.M. BY ORDER ENTERED 9/14/20 (DOC. 136 )

    Party Information

    Annette Leshon Rudd Represented By John F Brady

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:17-18388


    Gregorio Orozco Sotelo


    Chapter 13


    #6.00 Trustee's Motion to Dismiss Case re Tax Returns/Refunds EH     

    Docket 55


    Debtor(s):

    *** VACATED *** REASON: CONT. TO 10/15/20 @ 11:00 a.m. BY ORDER ENTERED 9/14/20 (doc. 58 ) - jc

    Party Information

    Gregorio Orozco Sotelo Represented By

    Lisa F Collins-Williams

    Trustee(s):

    Rod Danielson (TR) Represented By

    Lisa F Collins-Williams

    11:00 AM

    6:17-20659


    Coralia Beltran Rivas


    Chapter 13


    #7.00 Trustee's Motion to Dismiss Case re Tax Returns/Refunds EH     

    Docket 57


    Debtor(s):

    *** VACATED *** REASON: CONTINUED TO 10/15/20 @ 11:00 A.M. BY ORDER ENTERED ON 9/14/20 (DOC.59 )

    Party Information

    Coralia Beltran Rivas Represented By Stephen L Burton

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:20-13528


    Christopher Romash


    Chapter 13


    #8.00 Motion RE: Objection to Claim Number 11 by Claimant SHERWOOD MANAGEMENT COMPANY INC. DBA DANIELS JEWELERS.


    EH     


    Docket 18


    Debtor(s):

    *** VACATED *** REASON: CONTINUED TO 10/15/20 @ 11:00 A.M. BY ORDER ENTERED ON 9/14/20 (DOC.38 )

    Party Information

    Christopher Romash Represented By Andy C Warshaw

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:20-13528


    Christopher Romash


    Chapter 13


    #9.00 Application for Compensation for Andy C Warshaw, Debtor's Attorney, Period: 4/28/2020 to 8/20/2020, Fee: $8,221.50, Expenses: $0. (Warshaw, Andy)


    EH     


    Docket 27


    Debtor(s):

    *** VACATED *** REASON: CONTINUED TO 10/15/20 @ 11:00 A.M. BY ORDER ENTERED ON 9/14/20 (DOC. 38)

    Party Information

    Christopher Romash Represented By Andy C Warshaw

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:20-15287


    Rebecca R Banuelos


    Chapter 13


    #10.00 Motion to Avoid JUNIOR LIEN with Household Finance Corp of California Serviced by NewRez (acquired from DiTech)


    EH     


    Docket 20


    Debtor(s):

    *** VACATED *** REASON: CONTINUED TO 10/15/20 @ 11:00 A.M. BY ORDER ENTERED 9/14/20 (DOC. 24)

    Party Information

    Rebecca R Banuelos Represented By Julie J Villalobos

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:18-12868


    Jules A Nelson


    Chapter 13


    #1.00 Notice of motion and motion for relief from the automatic stay with supporting declarations; REAL PROPERTY RE: 529 East Jackson Street, Rialto, California 92376-4447


    MOVANT: BANK OF AMERICA


    EH     


    (Tele. appr. Eric Enciso, rep. creditor, Bank of America)


    Docket 48


    Tentative Ruling:

    Service: Proper Opposition: None


    11 U.S.C. § 362(c)(3)(A) provides that


    1. if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding 1-year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under section 707(b)--

      1. the stay under subsection (a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case;


Here, Debtor had a previous Chapter 13 case dismissed on March 2, 2018 less than one year before the instant case was filed on April 6, 2018. The automatic stay expired on May 6, 2018. Therefore, the automatic stay no longer being in effect, the Court is inclined to DENY the motion as MOOT.


APPEARANCES REQUIRED.


Party Information

11:00 AM

CONT...

Debtor(s):


Jules A Nelson


Chapter 13

Jules A Nelson Represented By Emilia N McAfee

Movant(s):

BANK OF AMERICA, N.A Represented By Sean C Ferry

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-19242


Franklin Rojas


Chapter 13


#2.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 975 Brookside Avenue, Redlands, CA 92373


MOVANT: ROUNDPOINT MORTGAGE SERVICING CORPORATION


EH     


Docket 36


Tentative Ruling:

10/13/2020


Service: Proper Opposition: None


The Court, having reviewed and considered the motion, finds cause exists where Debtor has missed seven plan payments. Accordingly, the Court is inclined to:

-GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1);

-GRANT request under ¶¶ 2 and 3;

-GRANT waiver of FRBP 4001(a)(3) stay;

-GRANT request for relief from § 1301(a) co-debtor stay;

-DENY alternative request under ¶ 11 as MOOT;


APPEARANCES REQUIRED.

Party Information

Debtor(s):

Franklin Rojas Pro Se

Movant(s):

RoundPoint Mortgage Servicing Represented By

Christina J Khil

11:00 AM

CONT...

Trustee(s):


Franklin Rojas


Chapter 13

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10675


Michael D Guffa


Chapter 13


#3.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 29314 Wagon Creek LN, Menifee, CA 92584


MOVANT: CREDITOR BROKER SOLUTION INC.


EH     


(Tele. appr. Paul Lee, rep. Debtor)


(Tele. appr. Erin McCartney, rep. moving party Broker Solutions, Inc.; dba New American Funding)


Docket 33

Tentative Ruling:


10/13/2020


Service: Proper Opposition: Debtor

Parties to apprise the Court of the status of adequate protection discussions. APPEARANCES REQUIRED.

Party Information

Debtor(s):

Michael D Guffa Represented By Paul Y Lee

Movant(s):

Broker Solutions Inc. dba New Represented By

Erin M McCartney

11:00 AM

CONT...

Trustee(s):


Michael D Guffa


Chapter 13

Rod Danielson (TR) Pro Se

11:00 AM

6:20-13964


Lynsey Ann Stevens


Chapter 7


#4.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2016 Nissan Rogue


MOVANT: NISSAN MOTOR ACCEPTANCE CORPORATION


EH     


Docket 8


Tentative Ruling:

10/13/2020


Service: Proper Opposition: None


11 U.S.C. § 362(h)(1)(A) provides:


(h)(1) In a case in which the debtor is an individual, the stay provided by subsection

  1. is terminated with respect to personal property of the estate or of the debtor securing in whole or in part a claim, or subject to an unexpired lease, and such personal property shall no longer be property of the estate if the debtor fails within the applicable time set by section 521(a)(2)--

    1. to file timely any statement of intention required under section 521(a)(2) with respect to such personal property or to indicate in such statement that the debtor will either surrender such personal property or retain it and, if retaining such personal property, either redeem such personal property pursuant to section 722, enter into an agreement of the kind specified in section 524(c) applicable to the debt secured by such personal property, or assume such unexpired lease pursuant to section 365(p) if the trustee does not do so, as applicable; and


(emphasis added).


Here, Debtor’s statement of intention selects an option, known as "ride-through," that is not available in this circuit and as such is not available under the statute. In re Dumont,

11:00 AM

CONT...


Lynsey Ann Stevens


Chapter 7

581 F.3d 1104 (2009). The Debtor was required to select to either abandon or redeem the property, or to enter a reaffirmation agreement. See 11 U.S.C. § 362(h)(1)(A). As the deadline for filing or amending the statement of intention has passed pursuant to 11

U.S.C. § 521(a)(2)(A), the automatic stay has terminated as a matter of law. Therefore, the Court is inclined to DENY the motion as MOOT.


APPEARANCES REQUIRED.

Party Information

Debtor(s):

Lynsey Ann Stevens Represented By Neil R Hedtke

Movant(s):

Nissan Motor Acceptance Represented By Kirsten Martinez

Trustee(s):

Karl T Anderson (TR) Pro Se

11:00 AM

6:20-14643


Steve Anthony Cwynar


Chapter 13


#5.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2016 Ford Mustang, VIN: 1FA6P8CF2G5252811


MOVANT: FORD MOTOR CREDIT COMPANY


EH     


Docket 43

*** VACATED *** REASON: ORDER ENTERED APPROVING STIPULATION ON 9/29/20 (DOC. 47 )

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Steve Anthony Cwynar Represented By Julie J Villalobos

Movant(s):

Ford Motor Credit Company LLC Represented By

Sheryl K Ith

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-15336


Janelle C. Madrigal


Chapter 7


#6.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2016 Chevrolet Cruze, VIN: 1G1PC5SG1G7216009


MOVANT: TD AUTO FINANCE LLC


EH     


Docket 12


Tentative Ruling:

10/13/2020


Service: Proper Opposition: None


The Court is inclined to:


-GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1) and (d)(2);

-GRANT request under ¶ 2;

-GRANT waiver of FRBP 4001(a)(3) stay;

-DENY alternative request for adequate protection as MOOT;


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

Debtor(s):

Janelle C. Madrigal Represented By

C Scott Rudibaugh

Movant(s):

TD Auto Finance LLC Represented By Sheryl K Ith

11:00 AM

CONT...

Trustee(s):


Janelle C. Madrigal


Chapter 7

Steven M Speier (TR) Pro Se

11:00 AM

6:20-15446


Brookville 79405 Inc


Chapter 11


#7.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 79405 Brookville, La Quinta, CA 92253


MOVANT: THE RAMA FUND, LLC


(CASE DISMISSED 10/7/20)


EH     


(Tele. appr. Martin Phillips, rep. moving party The Rama Fund, LLC)


Docket 18


Tentative Ruling:

10/13/2020


Service: Proper Opposition: None


The Court, having reviewed and considered the motion, is inclined to:

-DENY relief from stay pursuant to 11 U.S.C. § 362(d)(1) and (d)(2) as MOOT;

-DENY requests under ¶¶ 2 and 3 as MOOT;

-GRANT waiver of FRBP 4001(a)(3) stay;

-GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(4) based on multiple prior filing and unauthorized transfer of property;


APPEARANCES REQUIRED.

Party Information

Debtor(s):

Brookville 79405 Inc Represented By William E Walls

11:00 AM

CONT...

Movant(s):


Brookville 79405 Inc


Chapter 11

The Rama Fund, LLC Represented By Martin W. Phillips

Trustee(s):

Arturo Cisneros (TR) Represented By Arturo M Cisneros

11:00 AM

6:20-15490


Francisco Torres


Chapter 7


#8.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2014 Chevrolet Silverado


MOVANT: AMERICA'S CREDIT UNION


EH     


(Tele. appr. Daniel Burbott, rep. moving party America's Credit Union)


Docket 7


Tentative Ruling:

10/13/2020


Service: Proper Opposition: None


The Court is inclined to:


-GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1) and (d)(2);

-GRANT request under ¶ 2;

-GRANT waiver of FRBP 4001(a)(3) stay;

-DENY alternative request for adequate protection as MOOT;


APPEARANCES REQUIRED.

Party Information

Debtor(s):

Francisco Torres Represented By David L Nelson

Movant(s):

America's Credit Union Represented By Daniel B Burbott

11:00 AM

CONT...

Trustee(s):


Francisco Torres


Chapter 7

Lynda T. Bui (TR) Pro Se

11:00 AM

6:20-16253


Jesus Pabloff and Virginia Pabloff


Chapter 13


#9.00 Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate real property 33695 Marigold Lane, Murrueta, CA 92563


MOVANT: JESUS PABLOFF AND VIRGINIA PABLOFF


EH     


Docket 14


Tentative Ruling:

10/13/2020


Service: Proper Opposition: None


Debtor had a previous case dismissed on June 8, 2020. Therefore, pursuant to § 362(c) (3)(A), the automatic stay in the instant case terminates on the thirtieth (30th) day following the petition date on October 14, 2020.


11 U.S.C. § 362(c)(3)(C)(i)(II)(aa) provides for a presumption that this case was filed in bad faith as to all creditors because Debtor’s previous case was dismissed for failure to perform the terms of the plan confirmed by the Court. The presumption also exists if there is no "substantial change in the financial or personal affairs of the Debtor." 11

U.S.C. § 362(c)(3)(C)(i)(III). Therefore, pursuant to 11 U.S.C. § 362(c)(3)(B)-(C), Debtor must rebut this statutory presumption by providing "clear and convincing" evidence to the contrary.


Here, Debtor claims its finances have stabilized and that it has made twenty-two (22) payments totaling $98,680.82 as evidence that the case was filed in good faith.

However, Debtor’s declaration is deficient because the Debtor’s declaration page is illegible and thus provides no evidence. Accordingly, it does not appear that there is any substantial change in the affairs of the Debtor. As such, the Court is inclined to:


-DENY continuing the automatic stay.

11:00 AM

CONT...


Jesus Pabloff and Virginia Pabloff


Chapter 13


APPEARANCES REQUIRED.

Party Information

Debtor(s):

Jesus Pabloff Represented By

Tom A Moore

Joint Debtor(s):

Virginia Pabloff Represented By Tom A Moore

Movant(s):

Jesus Pabloff Represented By

Tom A Moore

Virginia Pabloff Represented By Tom A Moore

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-16493


Brenadette Schoby


Chapter 13


#9.10 Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate 13862 Benson Avenue, Unit 23


MOVANT: BRENADETTE SCHOBY


EH     


(Tele. appr. Julian Bach, rep. interested party, GAP Fund LLC)


(Tele. appr. Amelia Velenzuela, rep. creditor, Breckenridge Property Fund 2016 LLC)


Docket 7


Tentative Ruling:

10/13/2020


Service: Proper Opposition: None


Debtor had two (2) previous cases, one most recently dismissed on August 24, 2020 and the other dismissed on October 16, 2019. Therefore, pursuant to § 362(c)(4)(A)(i), there is no automatic stay in effect.


11 U.S.C. § 362(c)(3)(C)(i)(II)(aa) provides for a presumption that this case was filed in bad faith as to all creditors because Debtor’s previous case was dismissed for failure to provide documents to the trustee as required by the Court. The presumption also exists if there is no "substantial change in the financial or personal affairs of the Debtor." 11

U.S.C. § 362(c)(3)(C)(i)(III). Therefore, pursuant to 11 U.S.C. § 362(c)(3)(B)-(C), Debtor must rebut this statutory presumption by providing "clear and convincing" evidence to the contrary.


Here, Debtor claims that the failure to comply with the plan requirements and submit her 2019 tax returns was due to her attorney’s negligence. Therefore, Debtor submits she

11:00 AM

CONT...


Brenadette Schoby


Chapter 13

has retained a new attorney in the instant filing to overcome the presumption of bad faith. This shows a substantial change in Debtor’s personal affairs. The Court, finding Debtor meets her burden, is inclined to:

-GRANT imposing the automatic stay. APPEARANCES REQUIRED.

Party Information

Debtor(s):

Brenadette Schoby Represented By Suzette Douglas

Movant(s):

Brenadette Schoby Represented By Suzette Douglas Suzette Douglas

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-10273


Maisha Lenette Ghant-Elie


Chapter 13


#9.20 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 3974 Quartzite Ln., San Bernardino, California 92407-0420


MOVANT: US BANK NATIONAL ASSOCIATION


From: 7/21/20, 8/18/20, 9/29/20 EH         

(Tele. appr. Eric Enciso, rep. creditor, U.S. Bank)


Docket 82


Tentative Ruling:

7/21/20


Service: Proper Opposition: Yes


The Court is inclined to:


-GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1)

-GRANT waiver of Rule 4001(a)(3) stay

-GRANT requests under ¶¶ 2 and 3

-DENY request for relief from § 1301 co-debtor stay because it does not appear that the motion was served on any "co-debtor"

-DENY alternative request under ¶ 13 as moot.


APPEARANCES REQUIRED.

Party Information

11:00 AM

CONT...

Debtor(s):


Maisha Lenette Ghant-Elie


Chapter 13

Maisha Lenette Ghant-Elie Represented By John F Brady

Movant(s):

U.S. Bank National Association Represented By Sean C Ferry Natalie E Lea

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:18-10732


Calvin S. Winn and Diana M. Winn


Chapter 13


#9.30 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 13300 February Drive, Corona, California 92879


MOVANT: MEB LOAN TRUST IV, U.S. BANK NATIONAL ASSOCIATION


From 9/29/20 EH     


Docket 95

*** VACATED *** REASON: ORDER GRANTING STIPULATION ON 9/29/20 (DOC. 100)

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Calvin S. Winn Represented By Christopher J Langley Michael Smith

Joint Debtor(s):

Diana M. Winn Represented By Christopher J Langley Michael Smith

Movant(s):

MEB Loan Trust IV, U.S. Bank Represented By Kirsten Martinez

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:18-10155


Jose De Jesus Hernandez


Chapter 11


#10.00 Debtor's Motion for Entry of Final Decree (Federal Bankruptcy Rule 3022) EH            

(Tele. appr. Eric Bensamochan, rep. Debtor)


Docket 253


Tentative Ruling:

10/13/2020


Service: Proper Opposition: None


Fed. R. Bankr. P. 3022 states:


After an estate is fully administered in a chapter 11 reorganization case, the court, on its own motion or on motion of a party in interest, shall enter a final decree closing the case.


The Advisory Committee Notes provide that "entry of a final decree closing a chapter 11 case should not be delayed solely because the payments required by the plan have not been completed." The factors to consider are:


  1. whether the order confirming the plan has become final, (2) whether deposits required by the plan have been distributed, (3) whether the property proposed by the plan to be transferred has been transferred, (4) whether the debtor or the successor of the debtor under the plan has assumed the business or the management of the property dealt with by the plan, (5) whether payments under the plan have commenced, and (6) whether all motions, contested matters, and adversary proceedings have been finally resolved.


    Fed. R. Bankr. P. 3022 advisory committee’s note (1991).


    Here, the order confirming Debtor’s plan is final. Debtor has sold the property located at

    2:00 PM

    CONT...


    Jose De Jesus Hernandez


    Chapter 11

    3095 Ocelot Circle, Corona, CA and begun making plan payments. Debtor asserts he will complete his plan payments with the funds from the proceeds of sale and the income currently generated by his business, Carla’s Café. There are no remaining contested or adversary matters to be resolved.


    The Court, having reviewed the motion and finding Debtor’s evidence sufficient, is inclined to GRANT the motion for entry of final decree.


    APPEARANCES REQUIRED.

    Party Information

    Debtor(s):

    Jose De Jesus Hernandez Represented By

    Eric Bensamochan

    Movant(s):

    Jose De Jesus Hernandez Represented By

    Eric Bensamochan Eric Bensamochan Eric Bensamochan Eric Bensamochan Eric Bensamochan

    11:00 AM

    6:13-22713


    Abel Solorzano and Irma Solorzano


    Chapter 7


    #1.00 CONT Trustee's Final Report and Applications for Compensation (Holding Date)


    From: 4/1/20, 5/13/20, 9/9/20 EH         

    Docket 464

    *** VACATED *** REASON: CONTINUED TO 12/16/20 @ 11:00 (DOC. 478 )

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Abel Solorzano Represented By Byron Z Moldo Howard Camhi

    Joint Debtor(s):

    Irma Solorzano Represented By Byron Z Moldo Howard Camhi

    Trustee(s):

    Howard B Grobstein (TR) Represented By Ivan L Kallick

    11:00 AM

    6:17-20092


    Mark Bastorous and Bernadette Shenouda


    Chapter 7


    #2.00 Chapter 7 Trustee's Motion for Order (1) Compelling Debtors to Turn Over Property of the Estate Pursuant to 11 U.S.C. § 542(a); and (2) Issuing a Writ of Execution Pursuant to Federal Rule of Bankruptcy Procedure 7070


    EH     


    Docket 224

    Tentative Ruling:

    10/14/2020

    BACKGROUND


    On December 8, 2017, Mark Bastorous & Bernadette Shenouda ("Debtors") filed a Chapter 7 voluntary petition. Among the assets of the estate is certain real property located at 13834 Huntervale Dr., Corona, CA 92880 (the "Property"). Trustee has employed Weiland Golden Goodrich LLP ("Counsel") as counsel pursuant to order entered May 4, 2018.


    On September 17, 2020, Trustee filed a motion for an order: (1) compelling Debtors to turn over property of the estate pursuant to 11 U.S.C. § 542(a); and (2) issuing a write of execution pursuant to FED. R. BANKR. P. Rule 7070. On September 30, 2020, Debtors filed an opposition, although the Court notes that the opposition does not contain a proof of service.


    Based upon the motion and supporting evidence filed by Trustee and the opposition filed by Debtors, the Court can define the primary dispute between the parties as a disagreement about what actions Debtors need to take to reasonable cooperate with

    11:00 AM

    CONT...


    Mark Bastorous and Bernadette Shenouda


    Chapter 7

    the Trustee’s marketing and sale of the Property, especially in light of the COVID-19 pandemic.


    DISCUSSION



    11 U.S.C. § 542(a) states:


    Except as provided in subsection (c) or (d) of this section, an entity, other than a custodian, in possession, custody, or control, during the case, of property that the trustee may use, sell, or lease under section 363 of this title, or that the debtor may exempt under section 522 of this title, shall deliver to the trustee, and account for, such property or the value of such property, unless such property is of inconsequential value or benefit to the estate.


    The standard for a turnover action is well established:


    "To prevail in a turnover action under § 542, the party seeking turnover must establish (1) that the property is or was in the possession, custody or control of an entity during the pendency of the case, (2) that the property may be used by the trustee in accordance with § 363 or exempted by the debtor under § 522; and (3) that the property has more than inconsequential value or benefit to the estate."


    In re Bailey, 380 B.R. 486, 490 (B.A.P. 6th Cir. 2008); see also In re Newman, 487

    B.R. 193 (B.A.P. 9th Cir. 2013). Here, none of these elements are in dispute and it is clear that Trustee has met his burden to request turnover of the Property.

    11:00 AM

    CONT...


    Mark Bastorous and Bernadette Shenouda


    Chapter 7


    In their opposition, Debtors say they are willing the cooperate with the marketing and sale of the Property, and that they have legitimate health concerns relating to the COVID-19 pandemic. The e-mail exchanges attached to the motion as Exhibit 3 seem to indicate that: (a) Debtors have been relatively dilatory in responding to the Trustee’s requests; (b) Debtors have expressed a willingness to allow for remote and remote tours of the Property; and (c) Debtors have adamantly refused to allow physical access to the Property.


    The Court notes that the e-mail exchanges appear to imply that Trustee is amenable to virtual/remote tours. For example, in an e-mail sent on July 15, 2020, Counsel writes: "My suggestion is one of the debtors coordinates showings with the broker. Mr. or Mrs. Bastorous can walk around the premises with their phone on Facetime or a similar application." Upon learning that a real estate broker wanted to have a professional photographer take pictures, and that potential buyers may request an in- person tour, Debtors responded that they "are not allowing anyone in our house period."


    The Court is inclined to delineate reasonable and specific instructions for cooperation in the marketing and sale of the Property. The Court is also inclined to continue the hearings and may approve a writ of execution upon evidence submitted by Trustee that there has been a material default by the Debtor in adherence to those instructions. To that end, Trustee and Debtors are to apprise the Court, with reasonable specificity, of the cooperation necessary to market and sell the property and Debtors’ ability and willingness to offer that cooperation.


    APPEARANCES REQUIRED.


    Party Information

    Debtor(s):

    Mark Bastorous Represented By Thomas F Nowland

    11:00 AM

    CONT...


    Mark Bastorous and Bernadette Shenouda


    Chapter 7

    Joint Debtor(s):

    Bernadette Shenouda Represented By Thomas F Nowland

    Movant(s):

    John P Pringle (TR) Represented By David M Goodrich Reem J Bello

    Trustee(s):

    John P Pringle (TR) Represented By David M Goodrich Reem J Bello

    11:00 AM

    6:18-10939


    Vance Zachary Johnson


    Chapter 7


    #3.00 Application for Compensation Application for Payment of Interim Fees and/or Expenses for Levene, Neale, Bender, Yoo & Brill L.L.P., Trustee's Attorney, Period: 7/3/2018 to 11/15/2019, Fee: $119,722.50, Expenses: $4,661.62


    EH     


    Docket 205

    Tentative Ruling: 10/14/2020

    On February 7, 2018, Vance Johnson ("Debtor") filed a Chapter 7 voluntary petition. On June 5, 2018, Debtor filed a motion to convert the case to Chapter 7 and, on July 3, 2018, the Court converted the case to Chapter 7.


    On July 12, 2018, Trustee filed an application to employ Levene, Neale, Bender, Yoo & Brill L.L.P. ("Applicant") as general bankruptcy counsel, which was approved pursuant to order entered August 14, 2018. On August 20, 2018, the Court approved a compromise between Trustee and Debtor that enabled Debtor to continue to reside at his residence on the condition that Debtor apply his existing funds towards his mortgage and remain current on utility bills. On September 5, 2018, Trustee filed a motion to sell Debtor’s principal residence. The Court entered an order approving the sale on September 28, 2018, and conducted a continued hearing on the proper allocation of the homestead exemption funds, with that remaining issue being resolved by Court order entered October 25, 2018.


    On October 8, 2018, Trustee filed a motion to approve a settlement with Debtor’s ex- wife, Joana Johnson ("Joana"), regarding funds held by Joana’s state court attorney. Pursuant to the terms of the settlement, the estate received $12,500, while Joana received the remaining $83,116.35. The Court approved the settlement pursuant to order entered October 26, 2018. On April 6, 2020, Debtor received a discharge.


    On November 21, 2019, Applicant filed an application for final compensation. Because there are still two pending adversary cases, however, Trustee is not yet ready

    11:00 AM

    CONT...


    Vance Zachary Johnson


    Chapter 7

    to file his final report. On September 21, 2020, Applicant withdrew its applications for final compensation, and, the next day, refiled the application as an application for interim compensation.


    The Court notes a couple issues with the instant fee application. First, the notice of hearing sent out by Applicant [Dkt. No. 207] provides for an objection deadline of October 30, 2020. Second, the Court notes that the narrative history provided by Applicant does not meaningfully explain why the instant case is so administratively insolvent. The Ninth Circuit has previously stated "counsel was obligated to consider":


    1. Is the burden of the probably cost of legal services disproportionately large in relation to the size of the estate and maximum probable recovery?

    2. To what extent will the estate suffer if the services are not rendered?

    3. To what extent may the estate benefit if the services are rendered and what is the likelihood of the disputed issues being resolved successfully?


    Unsecured Creditors’ Comm. v. Puget Sound Plywood, Inc., 924 F.2d 955, 958-59 (9th Cir. 1991); see also In re Auto Parts Club, Inc., 211 B.R. 29 (B.A.P. 9th Cir.

    1997) (citing In re Kitchen Factors, Inc., 143 B.R. 560 (B.A.P. 9th Cir. 1992) (holding that "attorney must scale back its services based on the reasonable expected recovery for the estate"). These considerations derive from the principle that "bankruptcy estates should not be administered for the sole or primary benefit of the professionals appointed to administer such estates." In re Toney, 171 B.R. 414, 415 (Bankr. S.D. Fla. 1994).


    Here, while the Court does not consider the reduced amount requested by Applicant,

    $44,661.62, to be unreasonable in relation to the services provided in this case, the record presented to the Court does not clearly establish that the extent of the services rendered was "reasonably likely to benefit the debtor’s estate" and "necessary to the administration of the case," and furthermore it appears final fees are more appropriate than an interim request under these circumstances."


    APPERANCES REQUIRED.

    11:00 AM

    CONT...


    Debtor(s):


    Vance Zachary Johnson

    Party Information


    Chapter 7

    Vance Zachary Johnson Represented By Robert P Goe

    Trustee(s):

    Todd A. Frealy (TR) Represented By Monica Y Kim

    11:00 AM

    6:19-14203


    Anthony Joseph Amatulli


    Chapter 7


    #4.00 Chapter 7 Trustee's Motion for order (1) Authorizing sale of estate's right, title and interest in real property free and clear of liens of WBL SPO I. LLC, A Delaware Limited Liability Company and Internal Revenue Service; (2) Approving overbid procedure; (3) Approving payment of commissions; and (4) Waiving stay under Rule 6004(h)


    EH     


    Docket 79

    Tentative Ruling:

    10/14/2020

    BACKGROUND


    On May 15, 2019, Anthony Amatulli ("Debtor") filed a Chapter 7 voluntary petition. On May 29, 2019, Debtor filed his schedules Schedule A listed certain real property located at 27321 La Piedra Rd., Menifee, CA 92584 (the "Property"). Schedule A identified the value of the Property as $410,000. Schedule C purported to claim an exemption in the Property up to any statutory limit. Schedule D identified two creditors holding a security interest in the Property: (1) Wells Fargo Bank (in the amount of $105,669); and (2) World Business Lenders (in the amount of

    $164,523.08). On July 10, 2019, Debtor amended his claimed exemption in the Property, claiming an exemption amount of $75,000. On November 25, 2019, Debtor received a discharge.


    On January 6, 2020, the Court approved the application of Levene, Neal, Bender, Y00 & Brill L.L.P. to be employed as general bankruptcy counsel for Trustee. On March 13, 2020, Trustee filed a motion to approve a compromise with WBL SPO I, LLC ("WBL"), as successor in interest to World Business Lenders, LLC related to the treatment of its secured claim in connection with the sale of estate property. The

    11:00 AM

    CONT...


    Anthony Joseph Amatulli


    Chapter 7

    stipulation provides that WBL would receive $101,004.61 from escrow on account of its lien and the other half of its claim, filed on November 12, 2019, as Claim 4, would be paid pro rata as an unsecured claim. On April 2, 2020, the Court approved the compromise motion. On May 11, 2020, the Court approved the application of Steven

    M. Speier to be employed as real estate broker for Trustee.


    On September 23, 2020, Trustee filed the instant sale motion. Trustee proposes to sell the Property to Sher Campbell (the "Purchaser") for $350,000. Proposed payments from the proceeds include: (1) $21,000 for real estate commission; (2) $7,000 for escrow and titles fees; (3) $108,000 for the secured claim of Wells Fargo (4)

    $101,004.610 for the secured claim of WBL; and (5) $75,000 for Debtor’s exemption, leaving $37,996 for the bankruptcy estate. On September 30, 2020, WBL filed a non- opposition to the sale motion.


    DISCUSSION



    1. Sale of Estate Property


      11 U.S.C. § 363(b)(1) allows a trustee to sell property of the estate outside of the ordinary course, after notice and a hearing. A sale pursuant to § 363(b) requires a demonstration that the sale has a valid business justification. In re 240 North Brand Parners, Ltd., 200 B.R. 653, 659 (B.A.P. 9th Cir. 1996). "In approving any sale outside the ordinary course of business, the court must not only articulate a sufficient business reason for the sale, it must further find it is in the best interest of the estate,

      i.e. it is fair and reasonable, that it has been given adequate marketing, that it has been negotiated and proposed in good faith, that the purchaser is proceeding in good faith, and that it is an "arms-length" transaction." In re Wilde Horse Enters., Inc., 136 B.R. 830, 841 (Bankr. C.D. Cal.).


      The declaration of Brian Thompson attached to the motion contains adequate evidence of the Property’s marketing. Specifically, the Court notes that Trustee employed a real estate broker to begin marketing the Property in April 2020 and the

      11:00 AM

      CONT...


      Anthony Joseph Amatulli


      Chapter 7

      declaration of Brian Thompson indicates that the marketing produced multiple offers, more than fifty inquiries, and more than 500 views.


      The Court notes, however, that is has some concerns regarding the decision to sell the Property. Specifically, the Court notes that the Ninth Circuit has previously stated "counsel was obligated to consider":

      1. Is the burden of the probably cost of legal services disproportionately large in relation to the size of the estate and maximum probable recovery?

      2. To what extent will the estate suffer if the services are not rendered?

      3. To what extent may the estate benefit if the services are rendered and what is the likelihood of the disputed issues being resolved successfully?


      Unsecured Creditors’ Comm. v. Puget Sound Plywood, Inc., 924 F.2d 955, 958-59 (9th Cir. 1991); see also In re Auto Parts Club, Inc., 211 B.R. 29 (B.A.P. 9th Cir.

      1997) (citing In re Kitchen Factors, Inc., 143 B.R. 560 (B.A.P. 9th Cir. 1992) (holding that "attorney must scale back its services based on the reasonable expected recovery for the estate"). These considerations derive from the principle that "bankruptcy estates should not be administered for the sole or primary benefit of the professionals appointed to administer such estates." In re Toney, 171 B.R. 414, 415 (Bankr. S.D. Fla. 1994).


      Here, the proposed distribution outlined in the motion indicates that there were likely be approximately $15,000 for distribution to unsecured creditors. The Court further notes that the dominant unsecured creditor, WBL, is only an unsecured creditor by virtue of the compromise entered into with Trustee. As a result, it would appear that only approximately 1% of the sale proceeds will go to creditors that file unsecured claims.


    2. Sale Free & Clear of Liens

      11:00 AM

      CONT...


      Anthony Joseph Amatulli


      Chapter 7


      11 U.S.C. § 363(f) (2010) states:


      1. The trustee may sell property under subsection (b) or (c) of this section free and clear of any interest in such property of an entity other than the estate, only if-


        1. applicable nonbankruptcy law permits sale of such property free and clear of such interest;

        2. such entity consents;

        3. such interest is a lien and the price at which such property is to be sold is greater than the aggregate value of all liens on such property;

        4. such interest is in bona fide dispute; or

        5. such entity could be compelled, in a legal or equitable proceeding, to accept a money satisfaction of such interest.


      Here, Trustee requests authority to sell the Property free and clear of the liens of WBL and the IRS. Regarding WBL, the Court finds that Trustee has sufficiently establishing grounds to sell free and clear pursuant to § 363(f)(2) based on WBL’s non-opposition to the instant motion, as well as the previous compromise approved by the Court. Regarding the IRS, the Court agrees with Trustee that the tax lien is in bona fide dispute under § 363(f)(4) because the tax lien was recorded postpetition in violation of the automatic stay. See, e.g., In re Fuller, 134 B.R. 945 (B.A.P. 9th Cir.

      1992); see also Rochowicz v. I.N.S., 1995 WL 261140 at *4 (9th Cir. 1995) ("The Government concedes that it filed a notice of tax lien on November 2, 1988 while the Rochowiczs were in bankruptcy. As such, this notice of lien violated the automatic stay and is concededly void.").


    3. 14-Day Stay

      11:00 AM

      CONT...


      Anthony Joseph Amatulli


      Chapter 7


      FED. R. BANKR. P. Rule 6004(h) states: "An order authorizing the use, sale, or lease of property other than cash collateral is stayed until the expiration of 14 days after entry of the order, unless the court orders otherwise." The Court deems the absence of objections to be consent to the relief requested, pursuant to Local Rule 9013-(1)(h), and, therefore, will waive the stay of Rule 6004(h).


    4. Miscellaneous Provisions


    The Court has reviewed the remainder of Trustee’s miscellaneous requests. The Court has reviewed the proposed overbidding procedures and finds such procedures to be reasonable. The Court has reviewed the requested broker compensation of $21,000 and finds such compensation to be reasonable in the circumstances.


    TENTATIVE RULING



    Trustee to address the concerns raised in section I above.


    APPEARANCES REQUIRED.


    Party Information

    Debtor(s):

    Anthony Joseph Amatulli Represented By Stephen F Lopez

    Movant(s):

    Arturo Cisneros (TR) Represented By Todd A Frealy

    11:00 AM

    CONT...


    Trustee(s):


    Anthony Joseph Amatulli


    Carmela Pagay


    Chapter 7

    Arturo Cisneros (TR) Represented By Todd A Frealy Carmela Pagay

    11:00 AM

    6:19-16586


    Miguel Perez


    Chapter 13


    #5.00 CONT OSC re United States Trustee's Notice Of Motion and Motion For An Order To Show Cause Why Peter L. Nisson Should Not Be Adjudicated To Be In Contempt Of A Prior Court Order And/Or Ordered To Disgorge Compensation And Pay Attorney's Fees


    From: 9/10/20 EH     

    Docket 36


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Miguel Perez Represented By

    Peter L Nisson - SUSPENDED BK -

    Movant(s):

    United States Trustee (RS) Represented By

    Abram Feuerstein esq

    Trustee(s):

    Rod Danielson (TR) Pro Se

    11:00 AM

    6:19-19046


    Raymundo Avalos Sanchez and Gema Avalos


    Chapter 7


    #6.00 Chapter 7 Trustee's Motion to Sell Property of the Estate Free and Clear of Liens under Section 363(f) Chapter 7 Trustees Motion for Order: (1) Approving the Sale of Real Property of the Estate Free and Clear of Certain Liens Pursuant to Bankruptcy Code §§ 363(b)(1) and 363(f), Subject to Overbids, Combined With Notice of Bidding Procedures and Request for Approval of the Bidding Procedures Utilized; (2) Approving Payment of Real Estate Commission; and (3) Granting Related Relief


    Real Property located at 45818 Duquesne Street, Indo, CA 92201 EH     

    Docket 38

    *** VACATED *** REASON: TRUSTEE'S WITHDRAWAL OF MOTION FILED 10/9/20 (DOC. 50)

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Raymundo Avalos Sanchez Represented By Robert L Firth

    Joint Debtor(s):

    Gema Avalos Represented By Robert L Firth

    Movant(s):

    Lynda T. Bui (TR) Pro Se

    Trustee(s):

    Lynda T. Bui (TR) Pro Se

    11:00 AM

    6:19-20379


    Trevor Richard Lavoie and Jamie Suann Lavoie


    Chapter 7


    #7.00 Motion RE: Objection to Claim Number 7, 8 by Claimant Midland Credit Management, Inc.


    EH     


    Docket 26

    *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 9/30/20 (DOC. 30)

    Tentative Ruling:

    - NONE LISTED -

    Party Information

    Debtor(s):

    Trevor Richard Lavoie Represented By James P Doan

    Joint Debtor(s):

    Jamie Suann Lavoie Represented By James P Doan

    Movant(s):

    Larry D Simons (TR) Pro Se

    Trustee(s):

    Larry D Simons (TR) Pro Se

    11:00 AM

    6:16-20298


    Donald Sutcliffe


    Chapter 7


    #7.10 CONT Motion RE: Objection to Claim Number 3 by Claimant United States of America, Department of the Treasury, Internal Revenue Service


    From: 8/19/20, 9/30/20 EH     


    Docket 114


    Tentative Ruling:

    - NONE LISTED -


    Debtor(s):


    Party Information

    Donald Sutcliffe Pro Se

    Movant(s):

    Donald Sutcliffe Pro Se

    Trustee(s):

    John P Pringle (TR) Represented By

    D Edward Hays David Wood Tinho Mang

    2:00 PM

    6:17-20092


    Mark Bastorous


    Chapter 7

    Adv#: 6:20-01073 Pringle v. Yousef


    #8.00 Plaintiff's Motion for Default Judgment Against Raafat Yousef Pursuant to Federal Rule of Bankruptcy Rule 7055, and Local Bankruptcy Rule 7055-1


    EH     


    Also #8.1


    Docket 10

    Tentative Ruling:

    10/14/2020

    BACKGROUND


    On December 8, 2017, Mark Bastorous & Bernadette Shenouda ("Debtors") filed a Chapter 7 voluntary petition. On May 4, 2018, Trustee employed Weiland Golden Goodrich LLP as counsel for the bankruptcy estate. On December 5, 2019, the Court extended the deadline for Trustee to file avoidance actions until March 6, 2020; that deadline was subsequently extended to May 11, 2020 [Dkt. No. 115]. On May 1, 2020, the Court ordered Debtors’ bankruptcy estate to be substantively consolidated with thirty-seven related entities.


    On May 11, 2020, Trustee filed a complaint against Raafat Yousef ("Defendant"). Trustee’s complaint contained three causes of action: (1) actually fraudulent transfer;

  2. constructively fraudulent transfer; and (3) recovery of avoided transfers.


The complaint generally alleges that Debtors perpetrated a Ponzi scheme. Specifically, Debtors induced friends, acquaintances, and members of their church to invest in a real estate flipping investment by representing that their investment would used in

2:00 PM

CONT...


Mark Bastorous


Chapter 7

relation to a real estate project. Instead, Debtors operated in a typical Ponzi scheme fashion, using subsequent investments to pay off earlier investments at a profit.

Debtors also used some of the funds to pay off their personal and business expenses, and, for other investors, convinced the investor to reinvest the money.


Defendant in this action is one of the investors who received prepetition payment from Debtors. Specifically, Defendant received payment in the amount of $196,002.20 from an entity controlled by Debtors, Professional Group LLC.


On September 22, 2020, Trustee filed a motion for default judgment. The motion for default judgment only requests judgment as to the second and third causes of action in the complaint.


DISCUSSION



  1. Entry of Default



    FED. R. CIV. P. Rule 55 states that "[w]hen a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party’s default." Fed. R. Civ. P. 55(a). Local Rule 7055-1 provides further requirements relating to a motion for entry of default judgment, and those requirements have been substantially satisfied here.


  2. Motion for Default Judgment



    1. Proper Service of Summons and Complaint


      FED. R. BANKR. P. Rule 7004(b)(1) states, in part:

      2:00 PM

      CONT...


      Mark Bastorous


      Chapter 7


      1. ervice may be made within the United States by first class mail postage prepaid as follows:


        1. Upon an individual other than an infant or incompetent, by mailing a copy of the summons and complaint to the individual’s dwelling house or usual place of abode or to the place where the individual regularly conducts a business or profession.


      Here, Defendant was served at 18700 Yorba Linda Blvd., Apt. 97, Yorba Linda, CA 92886-4176. It does not appear there is any information in the record that would establish that this is a proper service address for Defendant, or would indicate how Trustee determined that the address used was actually a valid service address for Defendant.


    2. Merits of Plaintiff’s claim


      Upon default, the factual allegations of the complaint, except those relating to the amount of damages, will be taken as true. TeleVideo Systems, Inc. v. Heidenthal, 826 F.2d 915, 917 (9th Cir. 1987); see also Almog v. Golden Summit Investors Group, Ltd., 2012 WL 12867972 at *4 (C.D. Cal. 2012) ("When reviewing a motion for default judgment, the Court must accept the well-pleaded allegations of the complaint relating to liability as true.").


      Here, the complaint includes three causes of action, although the motion for default judgment appears to have only proceed upon the second and third causes of action.


      Regarding avoidance of fraudulent transfer – constructive intent, the second claim for

      2:00 PM

      CONT...


      Mark Bastorous


      Chapter 7

      relief cites 11 U.S.C. §§ 548(a)(1)(B) & 550 and CAL. CIV. CODE § 3439.04(a)(2) & 3439.05(a). A common problem with Trustee’s allegations related to the causes of action under 11 U.S.C. § 548(a)(1)(B) and CAL. CIV. CODE § 3439.04(a)(2) & 3439.05(a) is the absence of reasonably equivalent value. Specifically, the motion for default judgment’s discussion of this element reads, in its entirety:


      The Transfers were made (see Complaint, paragraph 36) in exchange for less than equivalent value in exchange. Namely, PIG did not receive any money or property from the Defendant in exchange for the Transfers. Hence, less than reasonably equivalent value was received in exchange for the Transfers.


      [Dkt. No. 10, pg. 6, lines 10-13]. As Trustee notes, the Court’s order substantively consolidating Debtors’ bankruptcy estate with thirty-seven related entities consolidated "the assets, debts and obligations of the Related Entities into the Bankruptcy Case." And, while not explicitly stated in the complaint, the general narrative in the complaint makes clear that the Defendant (as well as the defendants in the numerous related adversary cases) were investors in Debtors’ Ponzi-scheme who received more favorable treatment than other investors.


      In accordance with the foregoing, the Court finds the summary discussion of whether reasonable equivalent value was received to be insufficient to establish a constructively fraudulent transfer. Absent evidence regarding the amount of the original investment upon which Defendant received the subject transfer, the Court does not have evidence to determine whether the value provided by Defendant was "reasonably equivalent." And the Court finds that an assertion that no value was received is inconsistent with the allegations pled in the complaint.


      TENTATIVE RULING



      Trustee to address the issues raised above.

      2:00 PM

      CONT...


      Mark Bastorous


      Chapter 7


      APPEARANCES REQUIRED.


      Party Information

      Debtor(s):

      Mark Bastorous Represented By Thomas F Nowland

      Defendant(s):

      Raafat Yousef Pro Se

      Joint Debtor(s):

      Bernadette Shenouda Represented By Thomas F Nowland

      Movant(s):

      John P. Pringle Represented By David M Goodrich

      Plaintiff(s):

      John P. Pringle Represented By David M Goodrich

      Trustee(s):

      John P Pringle (TR) Represented By David M Goodrich Reem J Bello

      2:00 PM

      6:17-20092


      Mark Bastorous


      Chapter 7

      Adv#: 6:20-01073 Pringle v. Yousef


      #8.10 CONT Status Conference RE: [1] Adversary case 6:20-ap-01073. Complaint by John P. Pringle against Raafat Yousef. (Charge To Estate - $350.00).

      Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a) (1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


      From: 7/27/20, 9/28/20 EH     

      Also #8


      Docket 1


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Mark Bastorous Represented By Thomas F Nowland

      Defendant(s):

      Raafat Yousef Pro Se

      Joint Debtor(s):

      Bernadette Shenouda Represented By Thomas F Nowland

      2:00 PM

      CONT...


      Mark Bastorous


      Chapter 7

      Plaintiff(s):

      John P. Pringle Represented By David M Goodrich

      Trustee(s):

      John P Pringle (TR) Represented By David M Goodrich Reem J Bello

      2:00 PM

      6:18-10939


      Vance Zachary Johnson


      Chapter 7

      Adv#: 6:18-01106 Bankers Healthcare Group, LLC v. Johnson


      #9.00 Pre-Trial Conference RE: [1] Adversary case 6:18-ap-01106. Complaint by Bankers Healthcare Group, LLC against Vance Zachary Johnson. 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)) (Turoci, Todd)


      From: 7/10/18, 2/20/19, 4/24/19, 7/3/19, 7/17/19, 8/21/19, 11/20/19, 1/29/20, 3/25/20, 4/1/20, 4/15/20, 7/1/20, 7/29/20, 10/7/20


      EH         


      Docket 1


      Tentative Ruling:

      4/15/20

      TENTATIVE RULING

      Opposition: None Service: Proper


      Pursuant to the stipulation agreement between Bankers Health Care Group, LLC, and Vance Zachary Johnson, the Court GRANTS this stipulation to continue Status Conference to July 1, 2020. A Status Report is due on June 24, 2020.


      APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


      Party Information

      Debtor(s):

      Vance Zachary Johnson Represented By Robert P Goe

      2:00 PM

      CONT...


      Vance Zachary Johnson


      Chapter 7

      Defendant(s):

      Vance Zachary Johnson Represented By Robert P Goe Stephen Reider

      Plaintiff(s):

      Bankers Healthcare Group, LLC Represented By

      Todd L Turoci

      Trustee(s):

      Todd A. Frealy (TR) Represented By Monica Y Kim

      2:00 PM

      6:18-16908


      Visiting Nurse Association of the Inland Counties


      Chapter 11

      Adv#: 6:20-01129 Visiting Nurse Association of the Inland Counties v. Del Gado et al


      #10.00 Status Conference RE: [1] Adversary case 6:20-ap-01129. Complaint by Visiting Nurse Association of the Inland Counties against Greg Del Gado, Bruce Gordon, Stuart Furman, Lois Beckman, Gema Ptasinsky, Mary Anne Benzakein, Mike Rusnack, Maria Lozano, Karen Emery, Jean Kryger, Oscar Brambila, DOES 1 to 100, inclusive. (Charge To Estate) ($350.00) Complaint for Breach of Fiduciary Duty Nature of Suit: (14 (Recovery of money/property - other)) (Komorsky, Jason)

      (AS TO DEFENDANT MICHAEL RUSNAK ONLY)


      EH     


      Docket 1


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Visiting Nurse Association of the Represented By

      David M Goodrich Beth Gaschen Jennifer Vicente Ryan W Beall Steven T Gubner Jason B Komorsky

      Defendant(s):

      Greg Del Gado Represented By

      W. Derek May

      Bruce Gordon Pro Se

      Stuart Furman Pro Se

      Lois Beckman Pro Se

      2:00 PM

      CONT...


      Visiting Nurse Association of the Inland Counties


      Chapter 11

      Gema Ptasinsky Pro Se

      Mary Anne Benzakein Pro Se

      Mike Rusnack Pro Se

      Maria Lozano Pro Se

      Karen Emery Pro Se

      Jean Kryger Pro Se

      Oscar Brambila Pro Se

      DOES 1 to 100, inclusive Pro Se

      Plaintiff(s):

      Visiting Nurse Association of the Represented By

      Jason B Komorsky

      2:00 PM

      6:19-16505


      Jesse Joseph Shelby


      Chapter 7

      Adv#: 6:19-01126 Shelby v. SOFI LENDING CORP.


      #11.00 CONT Status Conference RE: [17] Amended Complaint by Christine A Kingston on behalf of Jesse Joseph Shelby against SOFI LENDING CORP.. (RE: related document(s)1 Adversary case 6:19-ap-01126. Complaint by Jesse Joseph Shelby against SOFI LENDING CORP.. Nature of Suit: (63 (Dischargeability - 523(a)(8), student loan)) (Kingston, Christine)


      From: 1/15/20, 3/25/20, 4/1/20, 7/15/20 EH     

      Docket 17

      *** VACATED *** REASON: NOTICE OF VOLUNTARY DISMISSAL OF ADVERSARY UNDER 11 U.S.C. §727 [FRBP] 7041(a) FILED 9/22/20 (DOC.44)

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Jesse Joseph Shelby Represented By Steven A Alpert

      Defendant(s):

      SOFI LENDING CORP. Pro Se

      Joint Debtor(s):

      Tina Marie Shelby Represented By Steven A Alpert

      Plaintiff(s):

      Jesse Joseph Shelby Represented By Christine A Kingston

      2:00 PM

      CONT...

      Trustee(s):


      Jesse Joseph Shelby


      Chapter 7

      Steven M Speier (TR) Pro Se

      2:00 PM

      6:19-19387


      Corinne Lara Ramirez


      Chapter 7

      Adv#: 6:20-01006 Eggleston et al v. Ramirez


      #12.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01006. Complaint by David Eggleston, Karin Doerr, Richard Alvarado, Yan Sum Alvarado against Corinne Lara Ramirez. (d),(e))),(62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)),(68 (Dischargeability - 523(a)(6), willful and malicious injury))


      From 10/7/20 EH     

      Also #13


      Docket 1


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Corinne Lara Ramirez Represented By Natalie A Alvarado

      Defendant(s):

      Corinne Lara Ramirez Represented By Scott Talkov

      Plaintiff(s):

      David Eggleston Represented By Tyler H Brown

      Karin Doerr Represented By

      Tyler H Brown

      Richard Alvarado Represented By Tyler H Brown

      2:00 PM

      CONT...


      Corinne Lara Ramirez


      Chapter 7

      Yan Sum Alvarado Represented By Tyler H Brown

      Trustee(s):

      Steven M Speier (TR) Pro Se

      2:00 PM

      6:19-19387


      Corinne Lara Ramirez


      Chapter 7

      Adv#: 6:20-01006 Eggleston et al v. Ramirez


      #13.00 Motion to Dismiss for Failure to State a Claim From 10/7/20

      EH     


      Also #12


      Docket 39


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Corinne Lara Ramirez Represented By Natalie A Alvarado

      Defendant(s):

      Corinne Lara Ramirez Represented By Scott Talkov

      Movant(s):

      Corinne Lara Ramirez Represented By Scott Talkov

      Plaintiff(s):

      David Eggleston Represented By Tyler H Brown

      Karin Doerr Represented By

      Tyler H Brown

      Richard Alvarado Represented By

      2:00 PM

      CONT...


      Corinne Lara Ramirez


      Tyler H Brown


      Chapter 7

      Yan Sum Alvarado Represented By Tyler H Brown

      Trustee(s):

      Steven M Speier (TR) Pro Se

      2:00 PM

      6:19-20532


      Yan Zhang


      Chapter 13

      Adv#: 6:20-01023 Zurich American Insurance Company v. Zhang


      #14.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01023. Complaint by Zurich American Insurance Company against Yan Zhang. fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)),(72 (Injunctive relief - other))


      From: 4/16/20, 5/13/20 EH         

      Docket 1

      *** VACATED *** REASON: CASE DISMISSED 7/15/20

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Yan Zhang Represented By

      Ramiro Flores Munoz

      Defendant(s):

      Yan Zhang Represented By

      Ramiro Flores Munoz

      Plaintiff(s):

      Zurich American Insurance Represented By Lincoln V Horton

      Trustee(s):

      Rod Danielson (TR) Pro Se

      2:00 PM

      6:20-11490


      Niels Erik Torring


      Chapter 7

      Adv#: 6:20-01123 Thompson v. Torring


      #15.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01123. Complaint by Greg Thompson against Niels Erik Torring . 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))


      From: 9/2/20, 10/7/20 EH     

      Also #16


      Docket 1


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Niels Erik Torring Pro Se

      Defendant(s):

      Niels Erik Torring Pro Se

      Joint Debtor(s):

      Sonja Haupt Torring Pro Se

      Plaintiff(s):

      Greg Thompson Represented By John G Dickman

      Trustee(s):

      Steven M Speier (TR) Pro Se

      2:00 PM

      6:20-11490


      Niels Erik Torring


      Chapter 7

      Adv#: 6:20-01123 Thompson v. Torring


      #16.00 Plaintiff's Motion for Default Judgment under LBR 7055-1 EH     

      Also #15


      Docket 11

      Tentative Ruling:

      10/14/2020

      BACKGROUND


      On February 25, 2020, Niels & Sonja Torring (collectively, "Debtors") filed a pro se Chapter 7 voluntary petition. On July 10, 2020, Debtors received a Chapter 7 discharge.


      On July 1, 2020, Greg Thompson ("Plaintiff") filed a complaint against Niels Thompson ("Defendant") to determine dischargeability of debt pursuant to 11 U.S.C.

      § 523(a)(2)(A), (a)(4), and (a)(6). On August 10, 2020, the clerk entered Defendant’s default.


      On September 18, 2020, Plaintiff filed a motion for default judgment. On October 2, 2020, Defendant filed a pro se pleading, which appears to be an answer, but could also be construed as an opposition to the motion for default judgment. The pleading alleges that the adversary complaint fails to state a claim and is barred by the statute of limitations. The Court notes that Defendant signed the proof of service himself.

      2:00 PM

      CONT...


      Niels Erik Torring


      Chapter 7


      DISCUSSION



      The Court notes that Defendant is still in default. While being in default would preclude Defendant from raising factual arguments, it would not appear to preclude him from raising legal arguments. See, e.g., Peter H. Bresnan & James P. Cornelio, Relief from Default Judgments Under Rule 60(b) – A Study of Federal Case Law, 49 FORDHAM L. REV. 956, 959-60 (1981) ("A default is not an absolute confession of liability. A defaulting party does not admit to facts that are not well-pleaded or to conclusions of law.") (collecting cases); see also Nishimatsu Constr. Co. v. Houston Nat’l Bank, 515 F.2d 1200, 1206 (5th Cir. 1975). The pleading filed by Defendant raise legal arguments, not factual arguments.


      FED. R. BANKR. P. Rule 4007(c) provides:


      Except as otherwise provided in subdivision (d), a complaint to determine the dischargeability of a debt under § 523(c) shall be filed no later than 60 days after the first date set for the meeting of creditors under § 341(a). The court shall give all creditors no less than 30 days’ notice of the time so fixed in the manner provided in Rule 2002. On motion of a party in interest, after hearing on notice, the court may for cause extend the time fixed under this subdivision. The motion shall be filed before the time has expired.


      Here, Defendant is correct that Plaintiff filed the instant adversary proceeding after the deadline imposed by Rule 4007(c) had expired. The Ninth Circuit has previously stated that: "Consistent with the plain language of FRBP 4007(c) and 9006(b)(3), we have repeatedly held that the sixty-day time limit for filing nondischargeability complaints under 11 U.S.C. § 523(c) is ‘strict’ and, without qualification, ‘cannot be extended unless a motion is made before the 60-day limit expires.’" Anwar v.

      Johnson, 720 F.3d 1183, 1187 (9th Cir. 2013) (collecting cases).

      2:00 PM

      CONT...


      Niels Erik Torring


      Chapter 7


      TENTATIVE RULING



      The Court is inclined to CONTINUE the matter for the parties to file supplemental briefs responding to the issues raised above.


      APPEARANCES REQUIRED.


      Party Information

      Debtor(s):

      Niels Erik Torring Pro Se

      Defendant(s):

      Niels Erik Torring Pro Se

      Joint Debtor(s):

      Sonja Haupt Torring Pro Se

      Movant(s):

      Greg Thompson Represented By John G Dickman

      Plaintiff(s):

      Greg Thompson Represented By John G Dickman

      Trustee(s):

      Steven M Speier (TR) Pro Se

      11:00 AM

      6:15-15314


      Franklin Merl Thomas King


      Chapter 13


      #1.00 Debtor's Motion to vacate dismissal EH     

      (Tele. appr. Daniel King, rep. Debtor)


      (Tele. appr. Joey De Leon. rep. chapter 13 trustee)


      Docket 95


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Franklin Merl Thomas King Represented By Daniel King

      Movant(s):

      Franklin Merl Thomas King Represented By Daniel King

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:15-16158


      George P. Solorio, Jr.


      Chapter 13


      #2.00 Debtor's Motion to vacate dismissal EH     

      (Tele. appr. James Hornbuckle, rep. Debtor)


      (Tele. appr. Joey De Leon. rep. chapter 13 trustee)


      Docket 83


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      George P. Solorio Jr. Represented By

      James D. Hornbuckle

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:15-21999


      Brian Richard DeMoulpied


      Chapter 13


      #3.00 Motion to vacate dismissal of Chapter 13 Case EH     

      (Tele. appr. David Lozano, rep. Debtor)


      (Tele. appr. Joey De Leon. rep. chapter 13 trustee)


      Docket 77


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Brian Richard DeMoulpied Represented By David Lozano

      Movant(s):

      Brian Richard DeMoulpied Represented By David Lozano David Lozano David Lozano

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:17-12149


      Irma Dalia Cantu


      Chapter 13


      #4.00 CONT Debtor's Motion for Order Disallowing Claim no 1-1 filed by Ocwen Loan Servicing, LLC

      (HOLDING DATE)


      From: 6/4/18, 8/30/18, 11/15/18, 6/6/19, 10/17/19, 12/19/19, 1/30/20, 4/23/20, 4/30/20, 5/14/20, 7/2/20, 8/20/20, 10/8/20


      Also #5 EH     

      (Tele. appr. Theron Covery, rep. creditor, Ocwen Loan Servicing, LLC and PHH Corporation)


      (Tele. appr. Joey De Leon. rep. chapter 13 trustee)


      Docket 24


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Irma Dalia Cantu Represented By Leonard J Cravens

      Movant(s):

      Irma Dalia Cantu Represented By Leonard J Cravens Leonard J Cravens

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:17-12149


      Irma Dalia Cantu


      Chapter 13


      #5.00 CONT Trustee's Motion to Dismiss Case From: 6/11/20, 7/2/20, 8/20/20, 10/8/20 Also #4

      EH     


      (Tele. appr. Theron Covery, rep. creditor, Ocwen Loan Servicing, LLC and PHH Corporation)


      (Tele. appr. Joey De Leon. rep. chapter 13 trustee)


      Docket 86


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Irma Dalia Cantu Represented By Leonard J Cravens

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:17-14790


      Ernesto Ayon Lopez and Dolores Millan Sanchez


      Chapter 13


      #6.00 Debtors' Motion to vacate dismissal EH     

      Docket 73


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Ernesto Ayon Lopez Represented By James G. Beirne

      Joint Debtor(s):

      Dolores Millan Sanchez Represented By James G. Beirne

      Movant(s):

      Ernesto Ayon Lopez Represented By James G. Beirne

      Dolores Millan Sanchez Represented By James G. Beirne

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:18-10416


      Jose Guadalupe Lopez and Margarita Lopez


      Chapter 13


      #7.00 Debtors' Motion to vacate dismissal of Chapter 13 Case EH     

      (Tele. appr. David Lozano, rep. Debtors)


      (Tele. appr. Joey De Leon. rep. chapter 13 trustee)


      Docket 63


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Jose Guadalupe Lopez Represented By David Lozano

      Joint Debtor(s):

      Margarita Lopez Represented By David Lozano

      Movant(s):

      Jose Guadalupe Lopez Represented By David Lozano

      Margarita Lopez Represented By David Lozano

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:18-13302


      Janelle A. Kline


      Chapter 13


      #8.00 Debtor's Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to modify plan or suspend plan payments


      EH     


      (Tele. appr. Joseline Medrano, rep. Debtor)


      (Tele. appr. Joey De Leon, rep. chapter 13 trustee)


      Docket 31


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Janelle A. Kline Represented By Gregory Ashcraft

      Movant(s):

      Janelle A. Kline Represented By Gregory Ashcraft Gregory Ashcraft

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:18-17676


      Patricia Ellen Bond-Gomez


      Chapter 13


      #9.00 Debtor's Motion to vacate order dismissing case EH     

      (Tele. appr. John Brady, rep. Debtors)


      (Tele. appr. Joey De Leon, rep. chapter 13 trustee)


      Docket 130


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Patricia Ellen Bond-Gomez Represented By John F Brady

      Movant(s):

      Patricia Ellen Bond-Gomez Represented By John F Brady John F Brady John F Brady John F Brady

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:18-20236


      Carlos Rizo and Desiree Santistevan


      Chapter 13


      #10.00 Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to modify plan or suspend plan payments


      EH     


      (Tele. appr. Erika Luna, rep. Debtors)


      (Tele. appr. Joey De Leon, rep. chapter 13 trustee)


      Docket 42


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Carlos Rizo Represented By

      Erika Luna

      Joint Debtor(s):

      Desiree Santistevan Represented By Erika Luna

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:19-15665


      Kenyaita Denise Washington


      Chapter 13


      #11.00 Application for Compensation for Norma Duenas, Debtor's Attorney, Period: 1/20/2020 to 7/24/2020, Fee: $1330.00, Expenses: $75.00.


      EH     


      (Tele. appr. Norma Duenas, rep Debtor)


      (Tele. appr. Joey De Leon, rep. chapter 13 trustee)


      Docket 55


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Kenyaita Denise Washington Represented By Norma Duenas

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:19-15859


      Delmer Sylvester and Susan Sylvester


      Chapter 13


      #12.00 Debtors' Motion for Authority to Incur Debt (Personal property) EH     

      (Tele. appr. Paul Lee, rep. Debtors)


      (Tele. appr. Joey De Leon, rep. chapter 13 trustee)


      Docket 36


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Delmer Sylvester Represented By Paul Y Lee

      Joint Debtor(s):

      Susan Sylvester Represented By Paul Y Lee

      Movant(s):

      Delmer Sylvester Represented By Paul Y Lee

      Susan Sylvester Represented By Paul Y Lee

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:19-18289


      Zackery B. Ogletree and Danielle Police


      Chapter 13


      #13.00 Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to modify plan or suspend plan payments


      EH     


      (Tele. appr. James Hornbuckle, rep. Debtors) (Tele. appr. Joey De Leon, rep. chapter 13 trustee)

      Docket 32


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Zackery B. Ogletree Represented By

      James D. Hornbuckle

      Joint Debtor(s):

      Danielle Police Represented By

      James D. Hornbuckle

      Movant(s):

      Rod Danielson (TR) Pro Se

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:19-19287


      Deborah Sue Burton


      Chapter 13


      #14.00 Debtor's Motion to Authorize Loan Modification EH     

      Docket 58


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Deborah Sue Burton Represented By

      Wilfred E. Briesemeister

      Movant(s):

      Deborah Sue Burton Represented By

      Wilfred E. Briesemeister

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:19-20154


      Bridgette Donnais Turner


      Chapter 13


      #15.00 Application for Compensation for Joshua L Sternberg, Debtor's Attorney, Period: 2/1/2020 to 7/1/2020, Fees: $6020.00, Expenses: $166.70


      EH     


      (Tele. appr. Joshua Stemberg, rep. Debtors)


      (Tele. appr. Joey De Leon, rep. chapter 13 trustee)


      Docket 69


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Bridgette Donnais Turner Represented By Joshua L Sternberg

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:20-13528


      Christopher Romash


      Chapter 13


      #16.00 CONT Application for Compensation for Andy C Warshaw, Debtor's Attorney, Period: 4/28/2020 to 8/20/2020, Fee: $8,221.50, Expenses: $0.


      From 10/8/20 Also #17

      EH     


      (Tele. appr. Andy Warshaw, rep. Debtor)


      (Tele. appr. Joey De Leon, rep. chapter 13 trustee)


      Docket 27


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Christopher Romash Represented By Andy C Warshaw

      Movant(s):

      Christopher Romash Represented By Andy C Warshaw Andy C Warshaw Andy C Warshaw

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:20-13528


      Christopher Romash


      Chapter 13


      #17.00 CONT Motion RE: Objection to Claim Number 11 by Claimant Sherwood Management Company Inc. DBA Daniels Jewelers


      From 10/8/20 Also #16

      EH     


      (Tele. appr. Andy Warshaw, rep. Debtor)


      (Tele. appr. Joey De Leon, rep. chapter 13 trustee)


      Docket 18


      Tentative Ruling:

      10/15/2020


      BACKGROUND:


      On May 19, 2020, Christopher Romash ("Debtor") filed a Chapter 13 voluntary petition. Debtor’s Chapter 13 plan was confirmed on September 1, 2020.


      On July 8, 2020, Sherwood Management Company Inc. DBA Daniel’s Jewellers ("Claimant") filed a proof of claim in the amount of $1,795.86 ("Claim 11"). On July 30, 2020, Debtor filed this instant motion objecting to Claim 11. Debtor argues that under California law, C.C.P. § 337, Claim 11 is barred by the statute of limitations, as the last payment on the contract was made on June 22, 2012, over four years prior to the filing of the petition. On August 12, 2020, Claimant attempted to withdraw Claim 11.

      11:00 AM

      CONT...


      Christopher Romash


      Chapter 13


      DISCUSSION:


      Pursuant to 11 U.S.C. § 502(a), a proof of claim is deemed allowed unless a party in interest objects. Absent an objection, a proof of claim constitutes prima facie evidence of the validity and amount of the claim under Federal Rule of Bankruptcy Procedure ("FRBP") 3001(f). See Lundell v. Anchor Constr. Specialists, Inc., 223 F.3d 1035, 1039 (9th Cir. 2000). When a party files an objection to a proof of claim, that filing "creates a dispute which is a contested matter" within the meaning of FRBP 9014 and the Court must resolve the matter after notice and opportunity for hearing upon a motion for relief. Id.


      When a creditor has filed a proof of claim that complies with the rules (thereby giving rise to the presumption of validity), the burden shifts to the objecting party who must "present evidence to overcome the prima facie case." In re Medina, 205 B.R. 216, 222 (9th Cir. B.A.P. 1996). To defeat the claim, the objecting party must provide sufficient evidence and "show facts tending to defeat the claim by probative force equal to that of the allegations of the proofs of claim themselves." Lundell, 223 F.3d at 1039 (quoting In re Holm, 931 F.2d 620, 623 (9th Cir. 1991)). "The objector must produce evidence, which, if believed, would refute at least one of the allegations that is essential to the claim’s legal sufficiency." Lundell, 223 F.3d at 1040 (quoting In re Allegheny Int’l, Inc., 954 F.2d 167, 173-74 (3d Cir. 1992)).


      If the objecting party produces sufficient evidence to negate one or more of the sworn facts in the proof of claim, the burden reverts back to the claimant to prove the validity of the claim by a preponderance of the evidence. See In re Consol. Pioneer Mort, 178 B.R. 222, 226 (9th Cir. BAP 1995), aff’d, 91 F.3d 151 (9th Cir. 1996)

      (quoting Allegheny Int’l, 954 F.2d at 173-74). The ultimate burden of persuasion remains at all times on the claimant. See Lundell, 223 F.3d at 1039; see also Holm, 931 F.2d at 623.


      Pursuant to 11 U.S.C. § 502(b)(1) claim objections may be based on non-bankruptcy law. § 502(b)(1) provides:


      (b) Except as provided in subsections (e)(2), (f), (g), (h) and (i) of this section, if such objection to a claim is made, the court, after notice and

      11:00 AM

      CONT...


      Christopher Romash

      a hearing, shall determine the amount of such claim in lawful currency of the United States as of the date of the filing of the petition, and shall allow such claim in such amount, except to the extent that –

      1. such claim is unenforceable against the debtor and property of the debtor, under any agreement or applicable law for a reason other than because such claim is contingent or unmatured;


        Chapter 13


        11 U.S.C. § 502(b)(1) (emphasis added). Accordingly, "[a] claim cannot be allowed if it is unenforceable under non-bankruptcy law." Diamant v. Kasparian (in re Southern Cal. Plastics, Inc.), 165 F.3d 1243, 1247 (9th Cir. 1999).


        Additionally, once an objection to a claim is filed, a proof of claim cannot be withdrawn. Fed. R. Bankr. P. 3006 provides:


        A creditor may withdraw a claim as of right by filing a notice of withdrawal, except as provided in this rule. If after a creditor has filed a proof of claim an objection is filed thereto or a complaint is filed against that creditor in an adversary proceeding, or the creditor has accepted or rejected the plan or otherwise has participated significantly in the case, the creditor may not withdraw the claim except on order of the court after a hearing on notice to the trustee or debtor in possession, and any creditors' committee elected pursuant to § 705(a) or appointed pursuant to § 1102 of the Code. The order of the court shall contain such terms and conditions as the court deems proper.

        Unless the court orders otherwise, an authorized withdrawal of a claim shall constitute withdrawal of any related acceptance or rejection of a plan.


        Fed. R. Bankr. P. 3006 (emphasis added).


        Here, despite Claimant’s attempt to withdraw Claim 11, it remains a disputed matter until the Court hearing. The Court is inclined to find that Debtor has met its burden to object to the validity of the claim. Pursuant to California law, C.C.P. § 337, Claim 11 is barred by the four-year statute of limitations, as the last payment was made over eight years ago.

        11:00 AM

        CONT...


        Christopher Romash


        Chapter 13



        TENTATIVE RULING:


        The Court is inclined to SUSTAIN the objection and DISALLOW Claim 11.


        APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

        Party Information

        Debtor(s):

        Christopher Romash Represented By Andy C Warshaw

        Movant(s):

        Christopher Romash Represented By Andy C Warshaw Andy C Warshaw Andy C Warshaw

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:20-14617


        Michael S. McDonald and Viviana S. McDonald


        Chapter 13


        #18.00 Confirmation of Chapter 13 Plan EH      

        (Tele. appr. Joseline Medrano, rep. Janelle Kline) (Tele. appr. Joey, De Leon, rep. chapter 13 trustee)

        Docket 0


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Michael S. McDonald Represented By Joselina L Medrano

        Joint Debtor(s):

        Viviana S. McDonald Represented By Joselina L Medrano

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:20-14643


        Steve Anthony Cwynar


        Chapter 13


        #19.00 Confirmation of Chapter 13 Plan EH      

        (Tele. appr. Julie Villalobos, rep. Debtor)


        (Tele. appr. Joey De Leon, rep. chapter 13 trustee)


        Docket 0


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Steve Anthony Cwynar Represented By Julie J Villalobos

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:20-14644


        Aleksey Ivanovich Svirid


        Chapter 13


        #20.00 Confirmation of Chapter 13 Plan EH      

        (Tele. appr. Jennifer Tanios, rep. Debtor)


        (Tele. appr. Joey De Leon, rep. chapter 13 trustee)


        Docket 0


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Aleksey Ivanovich Svirid Represented By Michael T Reid

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:20-14651


        Debra Jane Engers


        Chapter 13


        #21.00 Confirmation of Chapter 13 Plan EH      

        (Tele. appr. Edgar Lombera, rep. Debtor)


        (Tele. appr. Joey De Leon, rep. chapter 13 trustee)


        Docket 0


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Debra Jane Engers Represented By Edgar P Lombera

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:20-14658


        Odie Valtino Mack


        Chapter 13


        #22.00 Confirmation of Chapter 13 Plan EH     

        Docket 0


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Odie Valtino Mack Represented By Anthony P Cara

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:20-14713


        Susan Lorraine Haupert


        Chapter 13


        #23.00 Confirmation of Chapter 13 Plan EH      

        Docket 0


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Susan Lorraine Haupert Represented By Paul Y Lee

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:20-14736


        Araceli Perez


        Chapter 13


        #24.00 Confirmation of Chapter 13 Plan EH      

        (Tele. appr. Rebecca Tomilowitz, rep. Debtor) (Tele. appr. Joey De Leon, rep. chapter 13 trustee)

        Docket 0


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Araceli Perez Represented By

        Rebecca Tomilowitz

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:20-14793


        Beatriz Galarza


        Chapter 13


        #25.00 Confirmation of Chapter 13 Plan EH      

        Docket 0


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Beatriz Galarza Represented By Edward T Weber

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:20-14794


        Vilma Aragon


        Chapter 13


        #26.00 Confirmation of Chapter 13 Plan EH      

        Docket 0


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Vilma Aragon Represented By Paul Y Lee

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:20-14820


        Manuel Rios and Sandra Subia Rios


        Chapter 13


        #27.00 Confirmation of Chapter 13 Plan EH      

        Docket 0


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Manuel Rios Represented By

        Paul Y Lee

        Joint Debtor(s):

        Sandra Subia Rios Represented By Paul Y Lee

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:20-14856


        Glen H. Holmes and Stephanie L. Holmes


        Chapter 13


        #28.00 Confirmation of Chapter 13 Plan EH      

        (Tele. appr. Keith Higginbotham, rep. creditor, Pensco Trust) (Tele. appr. James Hornbuckle, rep. Debtors)

        (Tele. appr. Joey De Leon, rep. chapter 13 trustee)


        Docket 0


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Glen H. Holmes Represented By

        James D. Hornbuckle

        Joint Debtor(s):

        Stephanie L. Holmes Represented By

        James D. Hornbuckle

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:20-15287


        Rebecca R Banuelos


        Chapter 13


        #29.00 CONT Motion to Avoid JUNIOR LIEN with Household Finance Corp of California Serviced by NewRez (acquired from DiTech)


        From 10/8/20 EH     

        (Tele. appr. Julie Villalobos, rep. Debtor)


        (Tele. appr. Joey De Leon, rep. chapter 13 trustee)


        Docket 20


        Tentative Ruling:

        10/15/2020


        To avoid a junior lien under 11 U.S.C. §506(d), Debtor must establish that there is insufficient equity in the property to secure the lien.


        Here, Debtor first submits a mortgage statement from January 11, 2020, approximately eight months prior to the petition date. This is insufficient evidence to establish that the amount of the first position lien is $336,610.21 as of the petition date.


        Second, Debtor submits an appraisal report valuing the property at $320,000. The Court notes an inconsistency in the report. The appraiser writes that the "overall appeal is avg-condition for the neighborhood," yet he reduces the overall value of the property by $50,000-$80,000 in comparison to comparable sales in the $370k-$399K range. This raises a question as to the validity of the appraisal.


        The outdated mortgage statement combined with the suspect appraisal do not persuade the Court that there is insufficient equity in the property to secure the junior lien.

        11:00 AM

        CONT...


        Rebecca R Banuelos


        Chapter 13

        Accordingly, the Court is inclined to DENY the motion.


        APPEARANCES REQUIRED.

        Party Information

        Debtor(s):

        Rebecca R Banuelos Represented By Julie J Villalobos

        Movant(s):

        Rebecca R Banuelos Represented By Julie J Villalobos

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:15-15904


        Lucianna P Wais


        Chapter 13


        #30.00 Trustee's Motion to Dismiss Case EH     

        Docket 102

        *** VACATED *** REASON: TRUSTEE'S NOTICE OF WITHDRAWAL OF MOTION FILED 9/25/20 (DOC. 106)

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Lucianna P Wais Represented By Steven A Alpert

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:15-20023


        Zachary Lee Nowak


        Chapter 13


        #31.00 Trustee's Motion to Dismiss Case (Delinquency) EH     

        (Tele. appr. John Brady, rep. Debtor)


        (Tele. appr. Joey De Leon, rep. chapter 13 trustee)


        Docket 150

        *** VACATED *** REASON: TRUSTEE'S WITHDRAWAL OF MOTION FILED 9/25/20 (DOC. 153)

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Zachary Lee Nowak Represented By John F Brady

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:16-15432


        Ramona Hofman


        Chapter 13


        #32.00 Trustee's Motion to Dismiss Case EH     

        Docket 78

        *** VACATED *** REASON: NOTICE OF TRUSTEE'S WITHDRAWAL FILED 10/14/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Ramona Hofman Represented By Christopher Hewitt

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:16-15959


        Feliciano Julian De Vera and Pacita DelaCruz De Vera


        Chapter 13


        #33.00 Trustee's Motion to Dismiss Case re Tax Returns/Refunds From 10/8/20

        EH     


        Docket 59


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Feliciano Julian De Vera Represented By Lawrence B Yang

        Joint Debtor(s):

        Pacita DelaCruz De Vera Represented By Lawrence B Yang

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:16-18190


        John Adam Tribue, IV


        Chapter 13


        #34.00 Application for Compensation for Norma Duenas, Debtor's Attorney, Period: 7/24/2020 to 7/24/2020, Fees: $350.00, Expenses: $0.00


        EH     


        (Tele. appr. Norma Duenas, rep. Debtor)


        (Tele. appr. Joey De Leon, rep. chapter 13 trustee)


        Docket 108


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        John Adam Tribue IV Represented By Norma Duenas

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:16-18546


        Alexis I Barahona


        Chapter 13


        #35.00 Trustee's Motion to Dismiss Case EH     

        Docket 109

        *** VACATED *** REASON: NOTICE OF TRUSTEE'S WITHDRAWAL FILED 10/14/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Alexis I Barahona Represented By Christopher J Langley Michael Smith

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:17-12700


        Eugene Alexis Padilla


        Chapter 13


        #36.00 Trustee's Motion to Dismiss Case EH     

        (Tele. appr. John Brady, rep. Debtor)


        (Tele. appr. Joey De Leon, rep. chapter 13 trustee)


        Docket 75

        *** VACATED *** REASON: NOTICE OF TRUSTEE'S WITHDRAWAL FILED 10/14/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Eugene Alexis Padilla Represented By John F Brady

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:17-14157


        Joe Wallace Brown and Yolanda Denise Moore


        Chapter 13


        #37.00 Trustee's Motion to Dismiss Case EH     

        Docket 76


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Joe Wallace Brown Represented By Christopher J Langley Michael Smith

        Joint Debtor(s):

        Yolanda Denise Moore Represented By Christopher J Langley Michael Smith

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:17-14469


        Mario Timothy Velasquez and Susan Lorraine Velasquez


        Chapter 13


        #38.00 Trustee's Motion to Dismiss Case


        Docket 80

        *** VACATED *** REASON: TRUSTEE'S WITHDRAWAL FILED ON 9/16/20 (DOC. 83)

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Mario Timothy Velasquez Represented By Paul Y Lee

        Joint Debtor(s):

        Susan Lorraine Velasquez Represented By Paul Y Lee

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:17-15100


        Kingpouangphet Sangasy and Keooudone Phrakousonh


        Chapter 13


        #39.00 Trustee's Motion to Dismiss Case EH     

        Docket 80

        *** VACATED *** REASON: TRUSTEE'S WITHDRAWAL OF MOTION FILED 9/25/20 (DOC. 87)

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Kingpouangphet Sangasy Represented By James T Lillard

        Joint Debtor(s):

        Keooudone Phrakousonh Represented By James T Lillard

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:17-15772


        Annette Leshon Rudd


        Chapter 13


        #40.00 Trustee's Motion to Dismiss Case re Tax Returns/Refunds From 10/8/20

        EH     


        (Tele. appr. John Brady, rep. Debtor)


        (Tele. appr. Joey De Leon, rep. chapter 13 trustee)


        Docket 133


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Annette Leshon Rudd Represented By John F Brady

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:17-18388


        Gregorio Orozco Sotelo


        Chapter 13


        #41.00 Trustee's Motion to Dismiss Case re Tax Returns/Refunds From 10/8/20

        EH     


        Docket 55

        *** VACATED *** REASON: NOTICE OF TRUSTEE'S WITHDRAWAL FILED 9/23/20 (DOC. 60)

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Gregorio Orozco Sotelo Represented By

        Lisa F Collins-Williams

        Trustee(s):

        Rod Danielson (TR) Represented By

        Lisa F Collins-Williams

        11:01 AM

        6:17-18507


        Johnny Alcala


        Chapter 13


        #42.00 Trustee's Motion to Dismiss Case/Delinquency EH     

        (Tele. appr. Paul Lee, rep. Debtor)


        (Tele. appr. Joey De Leon, rep. chapter 13 trustee)


        Docket 96


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Johnny Alcala Represented By Paul Y Lee

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:17-19589


        Rodrigo Fernando Ramirez Guinea


        Chapter 13


        #43.00 Trustee's Motion to Dismiss Case /Delinquent plan payments EH     

        Docket 68

        *** VACATED *** REASON: TRUSTEE'S WITHDRAWAL OF MOTION FILED 9/25/20 (DOC. 72)

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Rodrigo Fernando Ramirez Guinea Represented By

        James G. Beirne

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:17-20072


        Lawrence Edmond, III


        Chapter 13


        #44.00 Trustee's Motion to Dismiss Case EH     

        Docket 48

        *** VACATED *** REASON: TRUSTEE'S WITHDRAWAL OF MOTION FILED 9/25/20 (DOC 54)

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Lawrence Edmond III Represented By Neil R Hedtke

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:17-20659


        Coralia Beltran Rivas


        Chapter 13


        #45.00 Trustee's Motion to Dismiss Case re Tax Returns/Refunds From 10/8/20

        EH     


        Docket 57


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Coralia Beltran Rivas Represented By Stephen L Burton

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:18-13014


        Elizabeth Dean


        Chapter 13


        #46.00 Trustee's Motion to Dismiss Case EH     

        Docket 59

        *** VACATED *** REASON: TRUSTEE'S NOTICE OF WITHDRAWAL OF MOTION FILED 9/25/20 (DOC. 62)

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Elizabeth Dean Represented By Dana Travis

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:18-14611


        Richard Caraveo, Jr.


        Chapter 13


        #47.00 Trustee's Motion to Dismiss Case EH     

        (Tele. appr. Jennifer Tanios, rep. Debtor)


        (Tele. appr. Joey De Leon, rep. chapter 13 trustee)


        Docket 59

        *** VACATED *** REASON: NOTICE OF TRUSTEE'S WITHDRAWAL FILED 10/14/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Richard Caraveo Jr. Represented By

        L. Tegan Rodkey

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:18-15446


        Gilberto Oliden and Irma Maria Oliden


        Chapter 13


        #48.00 Trustee's Motion to Dismiss Case EH     

        Docket 35

        *** VACATED *** REASON: TRUSTEE'S WITHDRAWAL OF MOTION FILED 9/28/20 (DOC. 38)

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Gilberto Oliden Represented By Lauren M Foley

        Joint Debtor(s):

        Irma Maria Oliden Represented By Lauren M Foley

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:18-16178


        Eriberto A. Sandoval


        Chapter 13


        #49.00 Trustee's Motion to Dismiss Case EH     

        Docket 93


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Eriberto A. Sandoval Represented By Christopher J Langley Michael Smith

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:18-16237


        Miguel Santa Maria and Lilia Maldonado


        Chapter 13


        #50.00 Trustee's Motion to Dismiss Case re Tax Returns/Refunds EH     

        Docket 85

        *** VACATED *** REASON: TRUSTEE'S NOTICE OF WITHDRAWAL FILED 10/12/20 (DOC. 90)

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Miguel Santa Maria Represented By Todd L Turoci

        Joint Debtor(s):

        Lilia Maldonado Represented By Todd L Turoci

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:18-17927


        Ertun Reshat and Hale Reshat


        Chapter 13


        #51.00 Trustee's Motion to Dismiss Case EH     

        Docket 59


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Ertun Reshat Represented By

        April E Roberts

        Joint Debtor(s):

        Hale Reshat Represented By

        April E Roberts

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:18-19183


        Carmen Lynn Chilson


        Chapter 13


        #52.00 Trustee's Motion to Dismiss Case EH     

        Docket 94

        *** VACATED *** REASON: TRUSTEE'S WITHDRAWAL OF MOTION FILED 9/25/20 (DOC. 98)

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Carmen Lynn Chilson Represented By Steven A Alpert

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:18-20002


        Tanyua Alicia Gates-Holmes


        Chapter 13


        #53.00 Trustee's Motion to Dismiss Case EH     

        Docket 104


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Tanyua Alicia Gates-Holmes Represented By John F Brady

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:18-20547


        Tawnie L Vanderham


        Chapter 13


        #54.00 Trustee's Motion to Dismiss Case EH     

        (Tele. appr. Benjamin Heston, rep. Debtor)


        (Tele. appr. Joey De Leon, rep. chapter 13 trustee)


        Docket 112


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Tawnie L Vanderham Represented By Benjamin R Heston

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:18-20847


        Erica Raquel Zavaleta


        Chapter 13


        #55.00 Trustee's Motion to Dismiss Case/Delinquent Plan Payments EH     

        (Tele. appr. William Smyth, rep. Debtor)


        (Tele. appr. Joey De Leon, rep. chapter 13 trustee)


        Docket 69


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Erica Raquel Zavaleta Represented By William J Smyth Stephen S Smyth

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:19-11281


        Nadia Michelle Lipscomb


        Chapter 13


        #56.00 Trustee's Motion to Dismiss Case EH     

        (Tele. appr. Benjamin Heston, rep. Debtor)


        (Tele. appr. Joey De Leon, rep. chapter 13 trustee)


        Docket 68


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Nadia Michelle Lipscomb Represented By Benjamin R Heston

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:19-12676


        Anthony P Mendoza and Lena E Mendoza


        Chapter 13


        #57.00 Trustee's Motion to Dismiss Case EH     

        (Tele. appr. Paul Lee, rep. Debtor)


        (Tele. appr. Joey De Leon, rep. chapter 13 trustee)


        Docket 68


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Anthony P Mendoza Represented By Paul Y Lee

        Joint Debtor(s):

        Lena E Mendoza Represented By Paul Y Lee

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:19-14029


        Cynthia Molina Gomez


        Chapter 13


        #58.00 Trustee's Motion to Dismiss Case EH     

        Docket 54

        *** VACATED *** REASON: NOTICE OF TRUSTEE'S WITHDRAWAL FILED 10/14/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Cynthia Molina Gomez Represented By Joshua L Sternberg

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:19-15353


        Donald Ray Levier, Jr. and Antoinette Marie Levier


        Chapter 13


        #59.00 Trustee's Motion to Dismiss Case EH     

        Docket 59

        *** VACATED *** REASON: TRUSTEE'S WITHDRAWAL OF MOTION FILED 9/25/20 (DOC. 62)

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Donald Ray Levier Jr. Represented By

        D Justin Harelik

        Joint Debtor(s):

        Antoinette Marie Levier Represented By

        D Justin Harelik

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:19-15511


        Ralph Carver Lowe


        Chapter 13


        #60.00 Trustee's Motion to Dismiss Case EH     

        Docket 52

        *** VACATED *** REASON: NOTICE OF TRUSTEE'S WITHDRAWAL OF MOTION FILED 9/25/20 (DOC. 55)

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Ralph Carver Lowe Represented By Neil R Hedtke

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:19-17080


        Cesar Orozco


        Chapter 13


        #61.00 Trustee's Motion to Dismiss Case EH     

        Docket 48

        *** VACATED *** REASON: TRUSTEE'S NOTICE OF WITHDRAWAL OF MOTION FILED 9/25/20 (DOC. 51)

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Cesar Orozco Represented By Paul Y Lee

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:19-17091


        Edward A Jandt and Shelley A Jandt


        Chapter 13


        #62.00 Trustee's Motion to Dismiss Case EH     

        Docket 46

        *** VACATED *** REASON: TRUSTEE'S WITHDRAWAL OF MOTION FILED 9/28/20 (DOC. 50)

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Edward A Jandt Represented By Christopher Hewitt

        Joint Debtor(s):

        Shelley A Jandt Represented By Christopher Hewitt

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:19-18003


        Ruben Macias and Carmen Macias


        Chapter 13


        #63.00 Trustee's Motion to Dismiss Case From 9/17/20

        EH     


        Docket 64

        *** VACATED *** REASON: TRUSTEE'S WITHDRAWAL OF MOTION FILED 10/5/20 (DOC 70)

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Ruben Macias Represented By Dana Travis

        Joint Debtor(s):

        Carmen Macias Represented By Dana Travis

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:19-18697


        Luci Denise. Green


        Chapter 13


        #64.00 Trustee's Motion to Dismiss Case EH     

        (Tele. appr. Joanne Andrew, rep. Debtor)


        (Tele. appr. Joey De Leon, rep. chapter 13 trustee)


        Docket 39


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Luci Denise. Green Represented By Nicholas M Wajda

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:19-18761


        Alejandro E. Penaloza and Maria G. Penaloza


        Chapter 13


        #65.00 Trustee's Motion to Dismiss Case EH     

        Docket 76

        *** VACATED *** REASON: NOTICE OF TRUSTEE'S WITHDRAWAL FILED 10/14/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Alejandro E. Penaloza Represented By Sundee M Teeple

        Joint Debtor(s):

        Maria G. Penaloza Represented By Sundee M Teeple

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:19-19300


        Nicholas A. Asamoa


        Chapter 13


        #66.00 Trustee's Motion to Dismiss Case EH     

        Docket 33

        *** VACATED *** REASON: TRUSTEE'S WITHDRAWAL OF MOTION FILED 9/28/20 (DOC. 36)

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Nicholas A. Asamoa Represented By Stephen S Smyth

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:19-19391


        Florence Marie Rodriguez


        Chapter 13


        #67.00 Trustee's Motion to Dismiss Case EH     

        (Tele. appr. Jennifer Tanios, rep. Debtor)


        (Tele. appr. Joey De Leon, rep. chapter 13 trustee)


        Docket 52


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Florence Marie Rodriguez Represented By Steven A Alpert

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:19-20126


        Debra Suzanne Towne


        Chapter 13


        #68.00 Trustee's Motion to Dismiss Case


        Docket 57

        *** VACATED *** REASON: TRUSTEE'S WITHDRAWAL OF MOTION FILED 9/28/20 (DOC. 63)

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Debra Suzanne Towne Represented By Paul Y Lee

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:19-20463


        Christopher Monroe and Aysheh Spicer


        Chapter 13


        #69.00 Trustee's Motion to Dismiss Case


        Docket 40

        *** VACATED *** REASON: TRUSTEE'S WITHDRAWAL OF MOTION FILED 9/28/20 (DOC. 43)

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Christopher Monroe Represented By Paul Y Lee

        Joint Debtor(s):

        Aysheh Spicer Represented By Paul Y Lee

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:19-20688


        Nga Nguyet Nguyen


        Chapter 13


        #70.00 Trustee's Motion to Dismiss Case EH     

        Docket 26

        *** VACATED *** REASON: TRUSTEE'S WITHDRAWAL OF MOTION FILED 9/22/20 (DOC. 34)

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Nga Nguyet Nguyen Represented By Christopher J Langley Michael Smith

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:20-10675


        Michael D Guffa


        Chapter 13


        #71.00 Trustee's Motion to Dismiss Case EH     

        Docket 30

        *** VACATED *** REASON: NOTICE OF TRUSTEE'S WITHDRAWAL FILED 10/14/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Michael D Guffa Represented By Paul Y Lee

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:20-10794


        Corey Jason Gomes


        Chapter 13


        #72.00 Application for Compensation for Norma Duenas, Debtor's Attorney, Period: 2/18/2020 to 2/19/2020, Fee: $1250.00, Expenses: $0.00


        EH     


        (Tele. appr. Norma Duenas, rep. Debtor)


        (Tele. appr. Joey De Leon, rep. chapter 13 trustee)


        Docket 53


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Corey Jason Gomes Represented By Norma Duenas

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:20-11087


        Ernesto Sandoval


        Chapter 13


        #73.00 Trustee's Motion to Dismiss Case EH     


        (Tele. appr. Jaime Cuevas, rep. Debtor)


        (Tele. appr. Joey De Leon, rep. chapter 13 trustee)


        Docket 40


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Ernesto Sandoval Represented By Jaime A Cuevas Jr.

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:20-11412


        Miesha T. Johnson


        Chapter 13


        #74.00 Trustee's Motion to Dismiss Case EH     

        (Tele. appr. Sundee Teeple, rep. Debtor)


        (Tele. appr. Joey De Leon, rep. chapter 13 trustee)


        Docket 45


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Miesha T. Johnson Represented By Sundee M Teeple

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:20-11946


        Michelle Cadena Quinn


        Chapter 13


        #75.00 Trustee's Motion to Dismiss Case EH     

        (Tele. appr. Jennifer Tanios, rep. Debtor)


        (Tele. appr. Joey De Leon, rep. chapter 13 trustee)


        Docket 43


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Michelle Cadena Quinn Represented By Steven A Alpert

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:20-12107


        Early Earl Nelms, Sr.


        Chapter 13


        #76.00 Trustee's Motion to Dismiss Case EH     

        (Tele. appr. Julie Villalobos, rep. Debtor)


        (Tele. appr. Joey De Leon, rep. chapter 13 trustee)


        Docket 34


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Early Earl Nelms Sr. Represented By Julie J Villalobos

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:20-12148


        Bernice H Antunez


        Chapter 13


        #77.00 Trustee's Motion to Dismiss Case EH     

        Docket 37

        *** VACATED *** REASON: NOTICE OF TRUSTEE'S WITHDRAWAL FILED 10/14/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Bernice H Antunez Represented By Daniel King

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-17249


        Mark Allen Beatty


        Chapter 7


        #1.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2017 Jeep Renegade Trailhawk Sport Utility 4D


        MOVANT: CAPITAL ONE AUTO FINANCE


        EH     


        Docket 40

        Tentative Ruling: 10/20/2020

        Service: Proper Opposition: No


        For the reasons set forth in the motion, the Court is inclined to:


        -GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1) and (2)

        -GRANT waiver of Rule 4001(a)(3) stay

        -GRANT request under ¶ 2


        APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

        Party Information

        Debtor(s):

        Mark Allen Beatty Represented By Jeffrey D Larkin

        Movant(s):

        Capital One Auto Finance, a division Represented By

        Marjorie M Johnson

        11:00 AM

        CONT...

        Trustee(s):


        Mark Allen Beatty


        Chapter 7

        Lynda T. Bui (TR) Pro Se

        11:00 AM

        6:19-18080


        Jose C Aguiar and Maria Fatima Aguiar


        Chapter 13


        #2.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 25283 Minnetonka Court, Moreno Valley, CA 92553


        MOVANT: FREEDOM MORTGAGE CORPORATION


        EH     


        (Tele. appr. Dane Exnowski, rep. moving party, Freedom Mortgage Corporation)


        (Tele. appr. Donna Travis, rep. Debtors)


        Docket 30

        Tentative Ruling: 10/20/2020

        Service: Proper Opposition: Yes

        Parties to apprise the Court of the status of adequate protection discussions. APPEARANCES REQUIRED.

        Party Information

        Debtor(s):

        Jose C Aguiar Represented By

        Dana Travis

        Joint Debtor(s):

        Maria Fatima Aguiar Represented By Dana Travis

        11:00 AM

        CONT...

        Movant(s):


        Jose C Aguiar and Maria Fatima Aguiar


        Chapter 13

        Freedom Mortgage Corporation Represented By

        Dane W Exnowski

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:20-12194


        Claudia P. Contreras


        Chapter 13


        #3.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 49072 Pluma Verde Place, Coachella, CA 92236


        MOVANT: HSBC BANK USA


        EH     


        (Tele. appr. Eric Enciso, rep. moving party HSBC Bank USA)


        Docket 38

        Tentative Ruling: 10/20/2020

        Service: Proper Opposition: Yes

        Parties to apprise Court of status of adequate protection discussions. APPEARANCES REQUIRED.

        Party Information

        Debtor(s):

        Claudia P. Contreras Represented By Daniel C Sever

        Movant(s):

        HSBC Bank USA, N.A. Represented By Sean C Ferry

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:20-13003


        Mumtaz Sajjad


        Chapter 7


        #4.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 7419 Via Deldene, Highland, California 92346


        MOVANT: MICHAEL W. DOUGLAS AND CINDY DOUGLAS, TRUSTEES OF THE SECOND AMENDED AND RESTATED, MICHAEL W. DOUGLAS AND CINDY DOUGLAS REVOCABLE TRUST DATED APRIL 10, 2017


        From: 6/16/20, 6/30/20, 7/28/20, 8/18/20, 9/1/20, 9/29/20


        EH     


        Also #4.1


        (Tele. appr. Michael Perry, rep. Debtor)


        (Tele. appr. Martin Phillips, rep. moving party Michael and Cindy Douglas, trustees)


        Docket 22

        Tentative Ruling: Tentative Ruling:

        Service: Proper Opposition: None


        6/16/20


        On May 22, 2020, Michael W. Douglas and Cindy Douglas, Trustees of the Second Amended and Restated, Michael W. Douglas and Cindy Douglas Revocable Trust (hereinafter "Douglas’ Trust") filed this motion for relief from stay pursuant to 11

        11:00 AM

        CONT...


        Mumtaz Sajjad


        Chapter 7

        U.S.C. §§ 362(d)(1) and 362(d)(2) regard to the Property located at 7419 Via Deldene, Highland, California 92346.


        To attain relief from stay under 11. U.S.C §362(d)(1) "cause" must be shown. Douglas’ Trust claims that there is a lack of adequate protection of its interest in its property because of property taxes and a mechanic’s lien. Adequate protection is intended to compensate a secured creditor whose collateral declines in value while it is in the possession of, and being used by, a…debtor." People’s Capital& Leasing Corp. v. Big3d, Inc., 438 B.R. 214, 220 (B.A.P. 9th Cir. 2010).


        By providing Deed of Trust and Assignment of Rent, Note, Trustee’s Sale Guarantee, and Claim of Mechanics Lien, Douglas’ Trust has shown neither is there any equity nor is its interest adequately protected. In re Gauvin, 24 B.R. 578, 580 (B.A.P. 9th Cir. 1982); See also In re Mellor, 734 F.2d 1396 (9th Cir. 1985) (equity cushion of twenty percent sufficient).


        To receive relief under 11 U.S.C. § 362(d)(2), both elements— (1) debtor has no equity in the property and (2) property is not necessary for an effective organization— must be met. 3 Collier on Bankruptcy ¶ 362.07[4] (Richard Levin & Henry J. Sommer eds., 16th ed.). Douglas’ Trust has provided evidence that Debtor does not have any equity in the property.


        The burden now shifts to the opposing party, the Debtor, to show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1). 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.).


        The Trustee’s opposition does not address the (d)(2) request, and also points to the approximate 12% equity cushion for purposes of (d)(1), which the Court finds insufficient. Further, without evidence of valuation, there is no basis to deny the motion or continue the hearing.


        Debtor responded to the motion, claiming that she is in the process of a "new loan process," will be filing an adversary proceeding, a motion to strip a lien, or both. Dkt. No. 30. Debtor also claims that Douglas’ Trust has acted in bad faith because it has

        11:00 AM

        CONT...


        Mumtaz Sajjad


        Chapter 7

        interfered with Debtor’s ability to refinance by contacting potential lenders and disparaging Debtor and Debtor’s spouse. Id.


        However, Debtor has not challenged the mechanics lien by adversary and otherwise does not provide grounds to deny the motion.


        The tentative ruling is to GRANT the motion. APPEARANCES REQURED.


        Party Information

        Debtor(s):

        Mumtaz Sajjad Represented By Michael R Perry

        Movant(s):

        Michael W. Douglas and Cindy Represented By Martin W. Phillips

        Trustee(s):

        Larry D Simons (TR) Pro Se

        11:00 AM

        6:20-13003


        Mumtaz Sajjad


        Chapter 7


        #4.10 Motion to compel trustee to abandon interest in property of estate to Allow Debtor to Refinance


        [OST entered on 10/16/20] EH     

        Also #4


        (Tele. appr. Michael Perry, rep. Debtor)


        Docket 67


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Mumtaz Sajjad Represented By Michael R Perry

        Movant(s):

        Mumtaz Sajjad Represented By Michael R Perry

        Trustee(s):

        Larry D Simons (TR) Pro Se

        11:00 AM

        6:20-15488


        Carmen Bravo


        Chapter 7


        #5.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2015 Toyota Prius with proof of service.


        MOVANT: TOYOTA MOTOR CREDIT CORPORATION


        EH     


        (Tele. appr. Kirsten Martinez, rep. moving party Toyota Motor Credit Corp.)


        Docket 8

        Tentative Ruling: 10/20/2020

        Service: Proper Opposition: No


        For the reasons set forth in the motion, the Court is inclined to:


        -GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1) and (2)

        -GRANT waiver of Rule 4001(a)(3) stay

        -GRANT requests under ¶¶ 2 and 3


        APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

        Party Information

        Debtor(s):

        Carmen Bravo Represented By David L Nelson

        Movant(s):

        Toyota Motor Credit Corporation Represented By

        Austin P Nagel

        11:00 AM

        CONT...

        Trustee(s):


        Carmen Bravo


        Chapter 7

        Lynda T. Bui (TR) Pro Se

        11:00 AM

        6:20-16288


        Elva Ivette Sabo


        Chapter 7


        #6.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2008 Audi Q7, VIN: WA1B Y74L 98D0 35777


        MOVANT: MECHANICS BANK


        EH     


        (Tele. appr. Vincent Frounjian, rep. moving party Mechanics Bank)


        Docket 11

        Tentative Ruling: 10/20/2020

        Service: Proper Opposition: No


        For the reasons set forth in the motion, the Court is inclined to:


        -GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1) and (2)

        -GRANT waiver of Rule 4001(a)(3) stay

        -GRANT request under ¶ 2


        APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

        Party Information

        Debtor(s):

        Elva Ivette Sabo Represented By Daniel King

        Movant(s):

        MECHANICS BANK Represented By Vincent V Frounjian

        11:00 AM

        CONT...

        Trustee(s):


        Elva Ivette Sabo


        Chapter 7

        Charles W Daff (TR) Pro Se

        2:00 PM

        6:20-14172


        Ryan Estates, LLC


        Chapter 11


        #7.00 CONT Motion to Dismiss Involuntary Case

        (Re Bad Faith and Sanctions) Case Dismissed re 12(b)(6)


        From: 8/18/20, 8/25/20 EH         

        Docket 12

        *** VACATED *** REASON: CONTINUED TO 12/15/20 @ 2:00 P.M. BY ORDER ENTERED ON 9/15/20 (DOC. 43)

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Ryan Estates, LLC Represented By Sevan Gorginian

        Movant(s):

        Ryan Estates, LLC Represented By Sevan Gorginian

        11:00 AM

        6:18-17784


        David John Stoykovich, Jr. and Merlina Lynn Burton


        Chapter 13


        #1.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 20891 Thunderbird Rd, Apple Valley, CA 92307


        MOVANT: HSBC BANK USA, NATIONAL ASSOCIATION


        From: 9/29/20 EH     

        (Tele. appr. Marjorie Johnson, rep. movant, HSBC Bank) (Tele. appr. Todd Turoci, rep. Debtor)


        Docket 53


        Tentative Ruling:

        9/29/2020


        Service: Proper Opposition: Yes


        Parties to apprise the Court of the status of arrears and adequate protection discussions, if any.


        APPEARANCES REQUIRED.

        Party Information

        Debtor(s):

        David John Stoykovich Jr. Represented By Todd L Turoci

        Joint Debtor(s):

        Merlina Lynn Burton Represented By

        11:00 AM

        CONT...


        Movant(s):


        David John Stoykovich, Jr. and Merlina Lynn Burton

        Todd L Turoci


        Chapter 13

        HSBC Bank USA, National Represented By Sean C Ferry Eric P Enciso

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-11103


        Golda Y Williams


        Chapter 13


        #2.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 7253 Seeley Court, Highland, California 92346


        MOVANT: BANK UNITED NA


        From: 8/18/20, 9/29/20 EH        

        (Tele. appr. Marjorie Johnson, rep. movant, Bank United)


        Docket 48

        Tentative Ruling: 8/18/2020

        Service: Proper

        Opposition: None

        Parties to apprise Court of status of adequate protection discussions. APPEARANCES REQUIRED.

        Party Information

        Debtor(s):

        Golda Y Williams Represented By Daniel King

        Movant(s):

        BANK UNITED N.A. Represented By Julian T Cotton Sean C Ferry

        11:00 AM

        CONT...

        Trustee(s):


        Golda Y Williams


        Chapter 13

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-17283


        Cory LeRoi Page and Gabriella Pre Page


        Chapter 13


        #3.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2017 Volkswagen Passat


        MOVANT: VW CREDIT LEASING, LTD.


        EH     


        (Tele. appr. Austin Nagel, rep. moving party, Vokswagen)


        Docket 44

        Tentative Ruling: 10/27/2020

        Service: Proper Opposition: None


        For the reasons set forth in the motion, the Court is inclined to:


        -GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1)

        -GRANT waiver of Rule 4001(a)(3) stay

        -GRANT request under ¶ 2

        -DENY alternative request under ¶ 11 as moot


        APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

        Party Information

        Debtor(s):

        Cory LeRoi Page Represented By Kristin R Lamar

        Joint Debtor(s):

        Gabriella Pre Page Represented By Kristin R Lamar

        11:00 AM

        CONT...

        Movant(s):


        Cory LeRoi Page and Gabriella Pre Page


        Chapter 13

        VW Credit Leasing, Ltd. Represented By Austin P Nagel

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-19251


        Adam Brian Britt and Kenya Lashawn Britt


        Chapter 13


        #4.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2018 Honda Accord, VIN No. 1HGCV1F1XJA059123


        MOVANT: A-L FINANCIAL CORP


        From: 9/29/20 EH     


        Docket 43

        *** VACATED *** REASON: ORDER GRANTING RELIEF ENTERED ON 10/13/20 (DOC 49. )

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Adam Brian Britt Represented By Matthew D. Resnik

        Joint Debtor(s):

        Kenya Lashawn Britt Represented By Matthew D. Resnik

        Movant(s):

        A-L Financial Corp. Represented By Lincoln D Gardner

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-19922


        Angela Clarice Atou


        Chapter 13


        #5.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 11911 Bluff Court, Adelanto, CA 92301


        MOVANT: LAKEVIEW LOAN SERVICING, LLC


        EH     


        (Tele. appr. Christina Khil, rep. moving party Lakeview Loan Servicing)


        Docket 32

        Tentative Ruling: Tentative Ruling:

        10/27/2020


        Service: Proper Opposition: None


        11 U.S.C. § 362(c)(3)(A) provides that


        1. if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding 1-year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under section 707(b)--

          1. the stay under subsection (a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case;


      Here, Debtor had a previous Chapter 13 case dismissed on October 18, 2019, less than one year before the instant case was filed on November 10, 2019. Debtor’s motion to continue the automatic stay having been denied pursuant to order entered December

      11:00 AM

      CONT...


      Angela Clarice Atou


      Chapter 13

      27, 2019, the automatic stay expired on December 10, 2019. Therefore, the automatic stay no longer being in effect, the Court is inclined to DENY the motion as MOOT.


      APPEARANCES REQUIRED.

      Party Information

      Debtor(s):

      Angela Clarice Atou Represented By Todd L Turoci

      Movant(s):

      Lakeview Loan Servicing, LLC, and Represented By

      Christina J Khil

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:20-11412


      Miesha T. Johnson


      Chapter 13


      #6.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 7546 Willow Way,Highland, CA

      92346-3827


      MOVANT: FREEDOM MORTGAGE CORPORATION


      CASE DISMISSED 10/15/20


      EH     


      (Tele. appr. Dane Exnowski, rep. moving party Freedom Mortgage Corporation


      (Tele. appr. Sundee Teeple, rep. Debtor)


      Docket 48

      *** VACATED *** REASON: CASE DISMISSED 10/6/20

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Miesha T. Johnson Represented By Sundee M Teeple

      Movant(s):

      Freedom Mortgage Corporation Represented By

      Dane W Exnowski

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:20-16034


      Kmog LLC


      Chapter 7


      #7.00 Notice of motion and motion for relief from the automatic stay with supporting declarations UNLAWFUL DETAINER RE: 16641 Pinnacle Peak Ct., Riverside, CA 92503


      MOVANT: REDWOOD HOLDINGS, LLC


      CASE DISMISSED 9/21/20


      EH     


      (Tele. appr. Elaine Yang, rep. creditor, Redwood Holdings, LLC)


      Docket 7


      Tentative Ruling:

      10/27/2020


      Service: Proper Opposition: Debtor


      Debtor’s bankruptcy case was dismissed on September 21, 2020. Pursuant to 11

      U.S.C. § 362(c)(1) & (2) the automatic stay has terminated in its entirety. As a result, the Court is inclined to DENY the request under ¶ 2 as moot.


      The Court is inclined to DENY the request under ¶ 7 for lack of cause shown. Specifically, the Court notes that it considers ¶ 7 an extraordinary remedy that is only appropriate in cases where a writ of possession has already been issued.


      The Court is inclined to DENY the request for relief under 11 U.S.C. § 362(d)(4) because that section requires either an unauthorized transfer of an interest in the property or multiple bankruptcy cases affecting the property. Here, Movant has not alleged either.


      The Court does agree that some prospective relief is warranted, given that Debtor filed

      11:00 AM

      CONT...


      Kmog LLC


      Chapter 7

      a pro se non-individual Chapter 7 case a day after a foreclosure sale was held, and Debtor’s case was summarily dismissed. Based upon Debtor’s non-compliance with basic duties of a party in bankruptcy, and based on the timing of the commencement of the instant case, the Court is inclined to GRANT the request under ¶ 9B and DENY the lesser remedy under ¶ 11. The Court is inclined to DENY the request under ¶ 10 for lack of cause shown, given that the relief under ¶ 9B appears adequate to afford Movant protection.


      Finally, the Court is inclined to WAIVE the Rule 4001(a)(3) stay and DENY the request under ¶ 13 on the basis that it does not appear any further relief is requested.


      APPEARANCES REQUIRED.

      Party Information

      Debtor(s):

      Kmog LLC Pro Se

      Movant(s):

      Redwood Holdings, LLC Represented By Elaine Yang

      Trustee(s):

      Steven M Speier (TR) Pro Se

      12:00 PM

      6:20-16990


      Graciela Romo Oyarzabal


      Chapter 7


      #7.10 Application for Fee Waiver EH     

      Docket 0

      *** VACATED *** REASON: DEFICIENCY CURED ON 10/22/20

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Graciela Romo Oyarzabal Pro Se

      Trustee(s):

      Steven M Speier (TR) Pro Se

      2:00 PM

      6:18-16908


      Visiting Nurse Association of the Inland Counties


      Chapter 11


      #8.00 Motion to Approve Compromise Under Rule 9019 Debtor and Debtor-in- Possession's Motion for Order Approving Compromise of Controversy Pursuant to Federal Rule of Bankruptcy Procedure 9019


      EH     


      (Tele. appr. Anthony Friedman, rep. Interested party, The H.N. and Frances

  3. Berger Foundation)


(Tele. appr. David Golubchik, rep. H.N. & Frances C. Berger Foundation) (Tele. David Goodrich, rep. Debtor)

(Tele. appr. Sean O'Keefe, rep. creditor, Simione HealthCare Consultants) (Tele. appr. David Wood, rep. Creditor Committee)

(Tele. appr. Jolene Tanner, rep. creditor, United States of America)


Docket 766

Tentative Ruling:

10/27/2020

BACKGROUND

On August 15, 2018, Visiting Nurse Association of the Inland Counties ("Debtor") filed a Chapter 11 voluntary petition. Debtor’s disclosure statement was approved pursuant to order entered September 17, 2020. A hearing on the confirmation of Debtor’s first amended Chapter 11 plan is currently set for November 17, 2020.

2:00 PM

CONT...

Visiting Nurse Association of the Inland Counties

Chapter 11


On June 9, 2020, Debtor filed a sale motion proposing to sell substantially all of its assets. Pursuant to order entered July 16, 2020, the proposed sale was approved. The sale generated gross proceeds of $7,200,000 with net sale proceeds totaling

$6,822,450. On August 21, 2020, Debtor filed a motion to approve a compromise with The Travelers Companies, Inc. ("Travelers"). That compromise motion was approved by order entered September 30, 2020, and resulted in $1,575,000 held by Travelers being returned to the bankruptcy estate.


Three motions were subsequently filed that were related to the distribution of funds held by Debtor. First, on August 31, 2019, Debtor filed a motion to approve a compromise with The H.N. and Frances C. Berger Foundation ("Berger"). This motion sought to resolve the secured and unsecured portion of Berger’s claim for attorney fees incurred through February 29, 2020. The motion proposed to fix the secured portion of the attorney fees at $212,750. On September 14, 2020, the IRS filed a limited opposition to the motion. Debtor appears to have inadvertently not set the matter for hearing, and no further action has been taken on this motion.


Second, on September 3, 2020, Berger filed a motion for release of funds from sale proceeds and payment to secured creditor on account of secured claim. This motion sought the payment of $4,730,202.11 (plus interest) to Berger on account of Berger’s lien against Debtor’s assets. Both Berger and Debtor have referred to the limited opposition filed by the IRS and mentioned in the preceding paragraph as having been related to this motion, although the limited opposition did not formally oppose Berger’s motion. After an initial hearing held on September 29, 2020, the Court continued the matter to October 27, 2020.


Third, on September 8, 2020, Debtor filed a motion to approve a compromise with Simione Healthcare Consultants, LLC ("Simione"). Pursuant to the compromise with Simione, Simione would be allowed a secured claim in the amount of $2,437,549.70. From that secured claim, Simione would be paid $1,050,000 within three days of the entry of the order approving the compromise, and the remainder of the lien would be avoided and preserved for the benefit of the estate. The IRS filed an opposition this compromise motion on September 15, 2020. After an initial hearing held on

2:00 PM

CONT...


Visiting Nurse Association of the Inland Counties


Chapter 11

September 29, 2020, the Court continued the matter to October 27, 2020.


On October 6, 2020, Debtor filed the instant compromise motion with the IRS. The salient terms of the compromise motion are summarized as follows:


  1. The IRS is to withdraw its objection to Debtor’s motions to approve compromises with Berger and Simione;


  2. Debtor may pay Berger the entirety of its secured claim in accordance with the terms set forth in the motion to approve compromise with Berger;


  3. Debtor may pay Simione the $1,050,000 contemplated in the motion to approve compromise with Simione;

  4. Debtor may pay the IRS $1,600,000;

  5. After allowance of professional fees, Debtor may pay professionals $750,000;

  6. As to the sale proceeds and the funds recovered from Travelers, the Simione lien that is proposed to be avoided and recovered for the benefit of the bankruptcy estate is subordinated to $1,600,000 of the IRS lien;


  7. As to all other assets, the Simione lien that is proposed to be avoided and recovered for the benefit of the bankruptcy estate is subordinated to the IRS lien; and


  8. "Upon payment of the IRS’ secured claim in full, including any accrued interest, from any source, the Debtor may pay its professionals on their allowed claims from the Reserve Funds without further notice or order of the Bankruptcy Court."


    Procedurally, the Court notes that there are certain procedural problems with the terms summarized on pages six through nine of the motion. First, as noted earlier, the motion to approve compromise with Berger was never actually set for hearing and is technically not before the Court at this time. Second, paragraph 6 of Debtor’s summary of the salient terms [Dkt. No. 766, pg. 7], provides: "Upon approval of this

    2:00 PM

    CONT...


    Visiting Nurse Association of the Inland Counties


    Chapter 11

    Agreement by the Bankruptcy Court and an order of the Bankruptcy Court granting the Simione Motion, the Debtor may pay the IRS $1,600,000 from the sale proceeds and the Travelers recovery. This payment shall be made within 16 days of the order on this Agreement." But paragraph 2 of the salient terms provides that "[t]he Debtor and the IRS shall agree to a continuance of the hearing on the Simione Motion for approximately 30 days." Logically, the combination of the those two provisions would require any approval of the instant motion to be delayed, at a minimum, fourteen days.


    DISCUSSION


    Pursuant to 11 U.S.C. § 1107(a), Debtor has all the rights and duties of a trustee. Rule 9019(a) authorizes the bankruptcy court to approve a compromise or settlement on the trustee's motion and after notice and a hearing. The bankruptcy court must consider all "factors relevant to a full and fair assessment of the wisdom of the proposed compromise." Protective Comm. for Indep. Stockholders of TMT Trailer Ferry, Inc. v. Anderson, 390 U.S. 414, 424 (1968). In other words, the bankruptcy court must find that the settlement is "fair and equitable" in order to approve it. Martin v. Kane (In re A & C Props.), 784 F.2d 1377, 1381 (9th Cir. 1986).

    In conducting this inquiry, the bankruptcy court must consider the following factors:

    1. the probability of success in the litigation; (b) the difficulties, if any, to be encountered in the matter of collection; (c) the complexity of the litigation involved, and the expense, inconvenience and delay necessarily attending it; and (d) the paramount interest of the creditors and a proper deference to their reasonable views in the premises.


      Id.

      The bankruptcy court enjoys broad discretion in approving a compromise because it "is uniquely situated to consider the equities and reasonableness." United States v. Alaska Nat'l Bank (In re Walsh Construction, Inc.), 669 F.2d 1325, 1328 (9th Cir. 1982). As stated in A & C Props.:


      The purpose of a compromise agreement is to allow the trustee and the creditors to avoid the expenses and burdens associated with litigating sharply contested and dubious claims. The law favors compromise and not litigation for its own sake, and as long as the bankruptcy court

      2:00 PM

      CONT...


      Visiting Nurse Association of the Inland Counties

      amply considered the various factors that determined the reasonableness of the compromise, the court's decision must be affirmed.


      Chapter 11


      Id. (citations omitted).

      For the reasons stated in the motion, noting service was proper and that the Court has not received any opposition, the Court is inclined to find that Debtor has satisfied the A&C Properties factors. Specifically, the Court notes that the complexity of the legal dispute and the delay that would be caused by litigation cause the first, third, and fourth factors to weigh in favor of the settlement proposed.


      The Court does have some concerns that the arrangements proposed constitute an impermissible sub rosa plan. While there is not a universal, clear definition of what constitutes an impermissible sub rosa plan, a sale or settlement that has the effect of disposing of or resolving all or substantially all of a debtor’s assets or liabilities, which would appear to be the case here, may be considered a sub rosa plan. See, e.g., In re Cajun Elec. Power Coop., 119 F.3d 349, 355 (5th Cir. 1997). This concern is amplified by the fact that Debtor has already filed a Chapter 11 plan and the confirmation hearing is merely three weeks away, yet the series of arrangements reached with the secured creditors will determine the most significant rights and obligations of the Debtor and the primary creditors outside of that plan process. See generally In re Cont'l Air Lines, Inc., 780 F.2d 1223, 1226 (5th Cir. 1986) ("Section 363 does not authorize a debtor and the bankruptcy court ‘to short circuit the requirements of a reorganization plan by establishing the terms of the plan sub rosa in connection’ with a proposed transaction."); see also In re Braniff Airways, Inc., 700 F.2d 935, 940 (5th Cir. 1983) ("The debtor and the Bankruptcy Court should not be able to short circuit the requirements of Chapter 11 for confirmation of a reorganization plan by establishing the terms of the plan sub rosa in connection with a sale of assets."). Finally, the settlements reached with the IRS and Simione, which relate to not only the respective priorities of the secured creditors’ liens, but impact the extent/validity of those liens and their relationship to a lien held by Debtors that would inure to the benefit of administrative claimants and/or unsecured creditors, would have indirect consequences for the entirety of the creditor body.


      APPEARANCES REQUIRED.


      Party Information

      2:00 PM

      CONT...

      Debtor(s):


      Visiting Nurse Association of the Inland Counties


      Chapter 11

      Visiting Nurse Association of the Represented By

      David M Goodrich Beth Gaschen Jennifer Vicente Ryan W Beall Steven T Gubner Jason B Komorsky

      Movant(s):

      Visiting Nurse Association of the Represented By

      David M Goodrich David M Goodrich Beth Gaschen Beth Gaschen Jennifer Vicente Jennifer Vicente Ryan W Beall Ryan W Beall Steven T Gubner Steven T Gubner Jason B Komorsky Jason B Komorsky

      2:00 PM

      6:18-16908


      Visiting Nurse Association of the Inland Counties


      Chapter 11


      #9.00 CONT Debtor's Motion for Order (1) Approving Compromise of Controversy Pursuant to Federal Rule of Bankruptcy Procedure 9019; and (2) Authorizing Distribution of Sale Proceeds and Recovered Cash Collateral


      From: 9/29/20 EH     

      (Tele. appr. Anthony Friedman, rep. Interested party, The H.N. and Frances

      C. Berger Foundation)


      (Tele. appr. David Golubchik, rep. H.N. & Frances C. Berger Foundation) (Tele. David Goodrich, rep. Debtor)

      (Tele. appr. Sean O'Keefe, rep. creditor, Simione HealthCare Consultants) (Tele. appr. David Wood, rep. Creditor Committee)

      (Tele. appr. Jolene Tanner, rep. creditor, United States of America)


      Docket 724


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Visiting Nurse Association of the Represented By

      David M Goodrich

      2:00 PM

      CONT...


      Movant(s):


      Visiting Nurse Association of the Inland Counties

      Beth Gaschen Jennifer Vicente Ryan W Beall Steven T Gubner Jason B Komorsky


      Chapter 11

      Visiting Nurse Association of the Represented By

      David M Goodrich David M Goodrich Beth Gaschen Beth Gaschen Jennifer Vicente Jennifer Vicente Ryan W Beall Ryan W Beall Steven T Gubner Steven T Gubner Jason B Komorsky Jason B Komorsky

      2:00 PM

      6:18-16908


      Visiting Nurse Association of the Inland Counties


      Chapter 11


      #10.00 CONT Motion of Secured Creditor H. N. and Frances C. Berger Foundation for Release of Funds from Sale Proceeds and Payment to Secured Creditor on Account of Secured Claim


      From: 9/29/20 EH     

      (Tele. appr. Anthony Friedman, rep. Interested party, The H.N. and Frances

      C. Berger Foundation)


      (Tele. appr. David Golubchik, rep. H.N. & Frances C. Berger Foundation) (Tele. David Goodrich, rep. Debtor)

      (Tele. appr. Sean O'Keefe, rep. creditor, Simione HealthCare Consultants) (Tele. appr. David Wood, rep. Creditor Committee)

      (Tele. appr. Jolene Tanner, rep. creditor, United States of America)


      Docket 720


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Visiting Nurse Association of the Represented By

      David M Goodrich Beth Gaschen Jennifer Vicente Ryan W Beall Steven T Gubner

      2:00 PM

      CONT...


      Movant(s):


      Visiting Nurse Association of the Inland Counties

      Jason B Komorsky


      Chapter 11

      The H. N. and Frances C. Berger Represented By

      David B Golubchik Anthony A Friedman

      2:00 PM

      6:20-13525


      Dimlux, LLC


      Chapter 7

      Adv#: 6:20-01138 Barghi v. Dimlux, LLC.


      #11.00 Status Conference RE: [1] Adversary case 6:20-ap-01138. Complaint by Afsaneh Hossein Kaviani against Dimlux, LLC.. (91 (Declaratory judgment)) (Nejadpour, Fari)


      EH     


      Docket 1


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Dimlux, LLC Represented By

      Donald Beury

      Defendant(s):

      Dimlux, LLC. Pro Se

      Plaintiff(s):

      Mansour Hossein Barghi Represented By Fari B Nejadpour

      Trustee(s):

      Larry D Simons (TR) Pro Se

      11:00 AM

      6:08-12914


      Gary M Fox and Maria T Fox


      Chapter 7


      #1.00 CONT. Notice of Trustee's Final Report and Applications for Compensation (Cont. from 10/7/20)

      EH     


      (Tele. appr. Richard Marshack, rep. trustee Karl T. Anderson)


      Docket 40


      Tentative Ruling:

      10/28/2020


      Service: Proper Opposition: None


      BACKGROUND:


      On September 2, 2020, Trustee filed an application for compensation requesting

      $10,174.18. This amount was based on $138,483.59 in "total disbursements." Of these disbursements, $103,483.59 in administrative expenses that were already paid by the settlement administrator from the litigation settlement were included. (See Dkt. 32, ¶¶ 4-6).


      At the hearing on October 7, 2020, the Court determined that Trustee’s compensation base should be reduced to $35,000 to exclude the $103,483.59 as these amounts were at no time administered, held, received, or disbursed by Trustee pursuant to 11 U.S.C.

      § 326(a). Trustee asserted that the case, Blair v. Statton (In re Blair), 329 B.R. 358 (Bankr. App. 9th Cir. 2005) supported his compensation request. The Court ordered supplement briefing on the matter.


      On October 21, 2020, Trustee filed his supplemental brief arguing that BAP’s holding in Blair applies to Trustee’s compensation request, as the escrow agent there is

      11:00 AM

      CONT...


      Gary M Fox and Maria T Fox


      Chapter 7

      "analogous" to the settlement agent here. See Dkt. No. 46, pg. 5 ("Instead this case is analogous to a sale of a debtor’s real property, where a third-party, such as a title insurance company or an escrow agent, disburses funds pursuant to the Trustee’s direct authorization."). We thus consider the applicability of In re Blair to Trustee’s request and its effect on 11 U.S.C. § 326(a).


      DISCUSSION:


      The issue is whether Trustee can include administrative fees in a litigation settlement that were disbursed by a settlement administrator in the calculation of his compensation base.


      11 U.S.C. § 326(a) governs Trustee compensation:


      In a case under chapter 7 or 11, the court may allow reasonable compensation under section 330 of this title of the trustee for the trustee’s services, payable after the trustee renders such services, not to exceed 25 percent on the first

      $5,000 or less, 10 percent on any amount in excess of $5,000 but not in excess of $50,000, 5 percent on any amount in excess of $50,000 but not in excess of

      $1,000,000, and reasonable compensation not to exceed 3 percent of any moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims


      (emphasis added).


      Trustee points to in Blair in support of his position that a settlement administrator distributing funds from a litigation settlement is like an escrow agent selling real property of the estate on behalf of the Trustee. The Blair court held that allowing a trustee’s compensation base to include funds disbursed by an escrow agent to secured creditors from a sale of real property did not violate the plain meaning of § 326(a). In re Blair, 329 B.R. 358 at *3. In reaching its conclusion the Blair court noted that agency law applied:


      While § 326(a) provides that a trustee's compensation is based on amounts disbursed "by the trustee[,]" allowing the fee base to include funds distributed

      11:00 AM

      CONT...


      Gary M Fox and Maria T Fox


      Chapter 7

      to the secured creditors through the escrow process is not inconsistent with the plain meaning of § 326(a), because the escrow handler was acting as the trustee's agent and following the trustee's instructions when it distributed funds to the secured creditors. Therefore, in a legal sense, the distributions were made by the trustee.


      An escrow holder is an agent ... of the parties to the escrow. An agent is one who is authorized to act for or in the place of another; a representative. A court should presume that Congress legislates against the backdrop of established principles of state and federal common law, and that when it wishes to deviate from deeply rooted principles, it will say so.


      There is no indication that Congress intended to override well-established principles of agency law when it enacted § 326(a). To the contrary, the legislative history indicates that Congress intended that a trustee be compensated for liquidating secured property:


      It should be noted that the bases (sic) on which the maximum fee is computed includes moneys turned over to secured creditors, to cover the situation where the trustee liquidates property subject to a lien and distributes the proceeds.


      Id. (internal quotations and citations omitted). Agency principals applied because the bankruptcy court had "expressly approved the use of an escrow holder and its role in distributing the sale proceeds to secured creditors" when it entered the order approving sale of the properties. Id. at 2.


      By contrast, the court in Moreno rejected a trustee’s application for compensation which included monies disbursed by a settlement agent, stating:


      In calculating the aggregate amount of disbursements upon which her fee application is predicated, Ms. Dzikowski has included funds which in actuality were disbursed by one George Hough, Jr., P.A., who acted as the settlement agent on the sale of a parcel of real property located at 909 West Midway Road, Fort Pierce, Florida. Pursuant to this Court's July 9, 2002 order, Ms.

      Dzikowski was authorized to sell the referenced property for $77,000. At no

      11:00 AM

      CONT...


      Gary M Fox and Maria T Fox

      time during the administration of this estate was Mr. Hough, Jr. authorized to represent Ms. Dzikowski, or to act as her agent.


      Ms. Dzikowski's fee application is predicated, in part, upon her position that she, in effect, disbursed the funds which were paid by Mr. Hough in conjunction with the real estate closing, thereby enabling her to seek compensation based upon the funds paid by Mr. Hough. However, such an interpretation of the term "monies disbursed or turned over...by a trustee" as used in Section 326 of the Bankruptcy Code is at odds with established case authority.


      Chapter 7


      In re Moreno, 295 B.R. 402, 403 (Bankr. S.D. Fla. 2003) (emphasis added) (internal citations omitted).


      Moreover, the court in Carter appears to have gone so far as to expressly refuse Trustee compensation based on proceeds derived from the sale of real property closed through escrow agents. The court stated:


      A component of the aggregate amount of gross receipts purportedly administered by the Trustee ($53,772.15) is an amount equal to $33,800.00, ostensibly representing the proceeds derived from the Trustee's sales of two parcels of real property, which sales were authorized by the Court by way of orders entered on July 15, 2003 (C.P. 50 and 51). However, the sales of both parcels were closed through escrow agents, and the net amount of proceeds actually received by the Trustee equals $19,618.29. Nonetheless, the Trustee's fee application is computed on the basis that he disbursed a total of $33,800.00 deriving from his sale of the two real estate parcels. In actuality, the total amount of disbursements by the Trustee equals $39,590.44, and not

      $53,722.15. Thus, based upon the formula prescribed by 11 U.S.C. § 326, the maximum allowable compensation to the Trustee equals $4,709.04.


      In re Carter, 326 B.R. 892, 893 (Bankr. S.D. Fla. 2005). The court did not clarify whether the escrow agents had been court approved.


      No matter, the crucial difference between Blair and Moreno is that in Blair the escrow

      11:00 AM

      CONT...


      Gary M Fox and Maria T Fox


      Chapter 7

      agent was approved by the court, and in Moreno the settlement agent was not. Here, the Court never issued an order approving special counsel or the settlement administrator. Accordingly, the settlement administrator cannot be analogous to the escrow agent in Blair and is more like the settlement agent in Moreno.


      Generally, agency principles apply to escrow agents in real property sales because the Trustee "controls" the escrow agent through an order by the court approving the application to employ the escrow agent. In contrast, Trustee cannot control the settlement administrator. The fact that Trustee is authorized to consent to payment of the attorney and instruct the settlement administrator to pay out administrative expenses does not equate to "control" for agency purposes. Even if the Court was inclined to find Trustee "constructively" paid special counsel, counsel was not employed by the Trustee, and thus the Court would not be able to authorize such payment.


      TENTATIVE RULING:


      In light of the foregoing, the Court is inclined to uphold its previous tentative ruling and reduce the basis upon which Trustee’s statutory fee is calculated, eliminating those amounts that were at no time administered, held, received, or disbursed by Trustee. The remaining amount actually received and proposed to be distributed by Trustee is $35,000. With this amount as the basis for Trustee’s fee, the Court is inclined to reduce the Trustee’s fees and APPROVE the administrative expenses as follows:


      Trustee Fees: $4,250. Trustee Expenses: $116.58


      APPEARANCES REQUIRED.

      Party Information

      Debtor(s):

      Gary M Fox Represented By

      Gary J Holt

      Joint Debtor(s):

      11:00 AM

      CONT...


      Gary M Fox and Maria T Fox


      Chapter 7

      Maria T Fox Represented By

      Gary J Holt

      Trustee(s):

      Karl T Anderson (TR) Represented By Richard A Marshack Laila Masud

      11:00 AM

      6:16-20298


      Donald Sutcliffe


      Chapter 7


      #2.00 Notice of Motion and Motion Under LBR 2016-2 For Approval of Cash Disbursements by the Trustee


      EH     


      (Tele. appr. Michael Jones, rep. Debtor) (Tele. appr. John Pringle, chapter 7 trustee)

      Docket 143

      Tentative Ruling:


      10/28/2020


      Service: Proper Opposition: None

      As Debtor failed to provide Trustee with proof of insurance, the Court is inclined to GRANT Trustee’s motion pursuant to LBR 2016-2(b) and APPROVE administrative expenses in an amount of approximately $1,964.61 sufficient to pay the insurance premium.

      APPEARANCES WAIVED. Movant to lodge order within seven days.


      Party Information

      Debtor(s):

      Donald Sutcliffe Pro Se

      Movant(s):

      John P Pringle (TR) Represented By

      D Edward Hays David Wood

      11:00 AM

      CONT...


      Trustee(s):


      Donald Sutcliffe


      Tinho Mang


      Chapter 7

      John P Pringle (TR) Represented By

      D Edward Hays David Wood Tinho Mang

      11:00 AM

      6:19-10556


      Timothy Mark Aitken and Esmeralda Aitken


      Chapter 7


      #3.00 Motion to Extend Time Second Motion to Extend Deadline for Chapter 7 Trustee to Object to Debtors' Exemptions


      EH     


      Docket 58

      Tentative Ruling:


      10/28/2020


      Service: Proper Opposition: None


      BACKGROUND


      Timothy Mark and Esmeralda Aitken ("Debtors") filed a Chapter 7 voluntary petition on January 1, 2019. The first meeting of the creditors took place on January 23, 2019. On May 1, 2019, Debtors filed amended schedules A/B and C claiming an exemption in the equity of real property they had transferred in 2017 located at 6919 Elmwood Road, San Bernardino, CA in the amount of $28,000.


      On February 28, 2020, Trustee filed a motion to extend the time to object to Debtors’ exemptions, specifically with respect to the real property exemption. In the motion, Trustee provided a copy of the closing statement from the sale of the property, which contained the line item, "Gift of Equity" in the amount of $29,310. Trustee asserted he had reason to believe this Gift of Equity was fraudulent and accordingly would be filing an adversary complaint. On March 3, 2020, Trustee filed his complaint, adversary case 6:20-ap-01022. On April 1, 2020, this Court granted Trustees motion to extend the objection deadline.

      On September 30, 2020, Trustee filed the instant motion, again requesting to extend the deadline to object to Debtors’ exemption. Trustee explains that he cannot yet object to the Gift of Equity until the adversary proceeding is resolved. Currently, Trustee has filed a revised motion for default judgment for a determination that the

      11:00 AM

      CONT...


      Timothy Mark Aitken and Esmeralda Aitken


      Chapter 7

      Gift of Equity is fraudulent. The status conference on the matter is scheduled for December 2, 2020. Trustee asserts this is cause to extend the objection deadline for 120 days, up to and including February 3, 2021.


      DISCUSSION


      Fed. R. Bankr. P. 4003(b)(1) provides:


    2. Objecting to a claim of exemptions


      1. Except as provided in paragraphs (2) and (3), a party in interest may file an objection to the list of property claimed as exempt within 30 days after the meeting of creditors held under § 341(a) is concluded or within 30 days after any amendment to the list or supplemental schedules is filed, whichever is later. The court may, for cause, extend the time for filing objections if, before the time to object expires, a party in interest files a request for an extension.


        (emphasis added).


        Here, Trustee has filed his motion to extend the objection deadline within the time period to object before October 3, 2020. Trustee cannot effectively object to the Gift of Equity transfer without a determination in the adversary case. The Court, having yet to rule on the adversary matter, finds that Trustee has shown cause to extend the objection deadline exists.


        TENTATIVE RULING


        The Court, finding cause exists, is inclined to extend the deadline to object to exemptions until and including February 3, 2021.


        APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

        11:00 AM

        CONT...


        Timothy Mark Aitken and Esmeralda Aitken


        Chapter 7


        Party Information

        Debtor(s):

        Timothy Mark Aitken Pro Se

        Joint Debtor(s):

        Esmeralda Aitken Pro Se

        Movant(s):

        Howard B Grobstein (TR) Represented By Larry D Simons

        Trustee(s):

        Howard B Grobstein (TR) Represented By Larry D Simons

        11:00 AM

        6:20-10467


        Henry R. Huizar, Jr and Sara Huizar


        Chapter 7


        #4.00 Motion to Sell Property of the Estate Free and Clear of Liens under Section 363(f) Motion for Order (1) Authorizing Sale of Property Pursuant to 11 U.S.C. Section 363(b)(1), Free and Clear of Liens Under 11 U.S.C. Section 363 (f); (2) Authorizing Overbid Procedure as Proposed Herein; (3) Approving Payment of Broker(s) Commission; (4) Determining That The Proposed Buyers Are "Good Faith Purchasers" Under 11 U.S.C. Section 363 (m); and (5) Waiver of The Stay Under Rule 6004(h); Declarations of A. Cisneros, Trustee, Broker, and Proposed Buyers In Support Thereof


        EH     


        (Tele. appr. Arturo Cisneros, chapter 7 trustee)


        Docket 56

        Tentative Ruling:

        SALE MOTION


        10/28/2020


        Service: Proper Opposition: None


        BACKGROUND


        On January 21, 2020, Henry R. Huizar, Jr. and Sara Huizar ("Debtors") filed a Chapter 7 voluntary petition. On January 28, 2020, Mr. Huizar passed away leaving a will bequeathing all of his belongings and management of his financial affairs, including his interest in certain real property located at 16161 San Jacinto, Fontana, CA 92336 (the "Property"), to Mrs. Huizar. The Property interest was listed in Schedule A with a value of $440,000. Trustee obtained a higher valuation for the property in the amount of $490,000. Accordingly, he suggested amending Schedule C to claim a homestead exemption up to the maximum. On May 13, 2020, Schedule C was amended to purport an exemption in the Property in the amount of $175,000.

        11:00 AM

        CONT...


        Henry R. Huizar, Jr and Sara Huizar


        Chapter 7

        This amount was approved as Mr. Huizar was seventy-one years old as of the date of the petition. Schedule D identified one creditor holding a security interest in the Property: Flagstar Bank (in the amount of $303,797.06). Mrs. Huizar has been unable to make mortgage payments and is over six months in arrears on the Property. Mrs.

        Huizar requested that Trustee sell the Property so she could move to a property she has an interest in in Costa Rica


        On February 16, 2020, the Court approved a compromise between Debtors and Trustee which provided, inter alia, that 75% of the net proceeds of the sale of Property up to the claimed homestead exemption would be distributed to Mrs. Huzier, and 25% of the proceeds would go to the Estate in an exchange for the Trustee to abandon Mrs. Huzier’s vehicle and the Costa Rica property. The 25% would be sufficient to pay unsecured claims in the amount of $14,692.78. On September 22, 2020, the Court approved the employment of Americo Peralta of John B. Spear Firm as real estate broker and a proposed sales commission in the amount of 6%.


        On October 5, 2020, Trustee filed the instant sale motion. Trustee proposes to sell the Property to Andre and Jessica Curayag (the "Purchasers") for $515,000, $4,000 above the Purchasers’ submitted offer. Previously, Trustee had accepted two offers within this price range, both of which were withdrawn. Proposed payments from the sale proceeds include: (1) $30,900 for real estate commission; (2) $10,300 for other closing costs; (3) $304,000 for the secured claim of Flagstar Bank; and (4) $127,350 for Debtors’ exemption, leaving $42,450 for the bankruptcy estate.


        DISCUSSION


        1. Sale of Estate Property


          11 U.S.C. § 363(b)(1) allows a trustee to sell property of the estate outside of the ordinary course, after notice and a hearing. A sale pursuant to § 363(b) requires a demonstration that the sale has a valid business justification. In re 240 North Brand Parners, Ltd., 200 B.R. 653, 659 (B.A.P. 9th Cir. 1996). "In approving any sale outside the ordinary course of business, the court must not only articulate a sufficient business reason for the sale, it must further find it is in the best interest of the estate,

          i.e. it is fair and reasonable, that it has been given adequate marketing, that it has been negotiated and proposed in good faith, that the purchaser is proceeding in good faith,

          11:00 AM

          CONT...


          Henry R. Huizar, Jr and Sara Huizar


          Chapter 7

          and that it is an "arms-length" transaction." In re Wilde Horse Enters., Inc., 136 B.R. 830, 841 (Bankr. C.D. Cal.).


          The motion contains evidence of the Property’s marketing, which the Court deems sufficient to establish the reasonableness of the sale. Specifically, the Court notes that Trustee employed a real estate broker to begin marketing the Property in September 2020, and obtained a sale price slightly above the value of the Property scheduled by Debtors.


        2. Sale Free & Clear of Liens


          11 U.S.C. § 363(f) (2010) states:


          1. The trustee may sell property under subsection (b) or (c) of this section free and clear of any interest in such property of an entity other than the estate, only if-

            1. applicable nonbankruptcy law permits sale of such property free and clear of such interest;

            2. such entity consents;

            3. such interest is a lien and the price at which such property is to be sold is greater than the aggregate value of all liens on such property;

            4. such interest is in bona fide dispute; or

            5. such entity could be compelled, in a legal or equitable proceeding, to accept a money satisfaction of such interest.


              Here, the sale price exceeds the aggregate value of the liens encumbering the Property and, therefore, § 363(f)(3) permits Trustee to sell the Property free and clear of liens.


        3. 14-Day Stay


          FED. R. BANKR. P. Rule 6004(h) states: "An order authorizing the use, sale, or lease of property other than cash collateral is stayed until the expiration of 14 days after entry of the order, unless the court orders otherwise." The Court deems the absence of objections to be consent to the relief requested, pursuant to Local Rule 9013-(1)(h), and, therefore, will waive the stay of Rule 6004(h).

          11:00 AM

          CONT...


          Henry R. Huizar, Jr and Sara Huizar

        4. Miscellaneous Provisions


        Chapter 7


        The Court has reviewed the remainder of Trustee’s miscellaneous requests. The Court has reviewed the proposed overbidding procedures and finds such procedures to be reasonable. The Court has reviewed the requested Broker compensation of 6% in the amount of $30,900 and finds such compensation to be reasonable in the circumstances.


        Finally, the Court has reviewed the declarations of the Purchasers and finds the declarations sufficient for a determination that the Purchasers are good faith purchasers pursuant to 11 U.S.C. § 363(m).


        TENTATIVE RULING


        The Court is inclined to GRANT the motion in its entirety subject to any overbids being received.


        APPEARANCES REQUIRED.

        Party Information

        Debtor(s):

        Henry R. Huizar Jr Represented By Stephen K Moran

        Joint Debtor(s):

        Sara Huizar Represented By

        Stephen K Moran

        Movant(s):

        Arturo Cisneros (TR) Pro Se

        Trustee(s):

        Arturo Cisneros (TR) Pro Se

        11:00 AM

        6:20-12236


        Gary A. Chavez and Alicia A. Chavez


        Chapter 7


        #5.00 Motion for Authority to Redeem Personal Property under 11 U.S.C. §727 EH     

        (Tele. appr. Benjamin Heston, rep. Debtors)


        Docket 30

        Tentative Ruling:

        10/28/2020

        BACKGROUND


        On March 17, 2020, Gary & Alicia Chavez ("Debtors") filed a Chapter 7 voluntary petition. Among the assets of the estate is a 2006 Chevrolet Trailblazer LS Extended (the "Property"). 800 Loanmart and Speedy Cash ("Creditors") hold security interests in the Property.


        On June 22, 2020, Debtors filed a motion to redeem the Property at a value of $1,569. The Court denied their motion on August 31, 2020 because the valuation method utilized did not meet the requirements of 11 U.S.C. § 506(a)(2).


        On September 14, 2020, Debtors filed the instant motion to redeem Property. Debtors contend the redemption value of the Property should be $1,258. Because the Property has minor interior, paint, and body damage, Debtors have selected the mid-point between the low-end fair market range of $2,994 and the fair purchase price of $4,256 from the Kelly Blue Book to arrive at a value of $3,625, where the typical listing price is $4,656. Debtors further reduce the value of the Property by $1,656.17 based on "in- house" repair estimates and by 19.6% due to the amount of mileage based on the Kelly Blue Book private-party value. The Court notes the requested redemption value is $311 less than the value Debtors submitted in its previous motion.


        DISCUSSION

        11:00 AM

        CONT...


        Gary A. Chavez and Alicia A. Chavez


        Chapter 7


        11 U.S.C. § 722 provides:


        An individual debtor may, whether or not the debtor has waived the right to redeem under this section, redeem tangible personal property intended primarily for personal, family, or household use, from a lien securing a dischargeable consumer debt, if such property is exempted under section 522 of this title or has been abandoned under section 554 of this title, by paying the holder of such lien the amount of the allowed secured claim of such holder that is secured by such lien in full at the time of redemption.


        11 U.S.C. § 506(a)(2) provides the applicable valuation standard:


        If the debtor is an individual in a case under chapter 7 or 13, such value with respect to personal property securing an allowed claim shall be determined based on the replacement value of such property as of the date of the filing of the petition without deduction for costs of sale or marketing. With respect to property acquired for personal, family, or household purposes, replacement value shall mean the price a retail merchant would charge for property of that kind considering the age and condition of the property at the time value is determined.


        Presently, the Ninth Circuit has not established a uniform method for valuations. See In re Ayres, 2010 WL 652825 at *5 (Bankr. N.D. Cal. 2010) (collecting cases detailing vehicle valuation and describing the state of the law in the Ninth Circuit). In In re Morales, however, which this Court has previously cited with approval, it was determined that value should be calculated "by adjusting the Kelley Blue Book or

        N.A.D.A. Guide retail value for a like vehicle by a reasonable amount in light of the evidence presented regarding the condition of the vehicle or any other relevant factors." In re Morales, 387 B.R. 36, 45 (Bankr.C.D.Cal.2008).


        According to the court in In re Morales, the retail values, and not the private party values, are the appropriate starting points because the text of § 506(a)(2) refers to "the price a retail merchant would charge" and does not refer to the price a private party would charge. Morales at 46.

        11:00 AM

        CONT...


        Gary A. Chavez and Alicia A. Chavez


        Chapter 7


        Here, Debtors value the Property using a lower than average fair purchase price of $3,625, an amount $1,031 less than the typical listing price of $4,656. Debtors contend their selection is on the lower end due to the damage on the Property. Accordingly, the value of $3,625 presumably already accounts for the damage. However, Debtors reduce the price even further by $1,656.17 based on an estimate for the cost of repairs. The correct starting point is

        $4,656, as the price a retail merchant would charge. This amount may then be adjusted for repairs. However, the estimate for repairs is illegible.


        Debtors have also utilized the Kelly Blue Book private-party range to estimate the reduction in the value due to the mileage. As the Court previously stated, private-party price ranges are unacceptable valuation methods; the Kelly Blue Book retail values can also be adjusted for mileage, and moreover the Court presumes the mileage is encompassed within the Kelly Blue Book range of retail values.


        Based on the evidence the Court may consider, the Court is inclined to value the redemption at $2,999.83 based on the price a retail merchant would charge less the estimated cost of repairs.


        TENTATIVE RULING


        The Court is inclined to GRANT the motion to redeem property for no less than the amount of $2,999.83.


        APPEARANCES REQUIRED.

        Party Information

        Debtor(s):

        Gary A. Chavez Represented By Benjamin R Heston

        Joint Debtor(s):

        Alicia A. Chavez Represented By Benjamin R Heston

        11:00 AM

        CONT...

        Trustee(s):


        Gary A. Chavez and Alicia A. Chavez


        Chapter 7

        Howard B Grobstein (TR) Pro Se

        2:00 PM

        6:15-14230


        Home Security Stores, Inc.


        Chapter 7

        Adv#: 6:17-01085 PRINGLE v. Winn et al


        #6.00 CONT Status Conference RE: [1] Adversary case 6:17-ap-01085. Complaint by JOHN P PRINGLE against Ralph Winn. (Charge To Estate - $350.00). and other Defendants including DOES 1-25 Nature of Suit: 12 - Recovery of money/property - 547 preference, 13-Recovery of money/property - 548 fraudulent transfer, 21-Validity, priority or extent of lien or other interest in property,14 - Recovery of money/property - other, 91- Declaratory judgment) (Dismissed as to Ralph & Stacy Winn - 4/3/20)


        From: 7/12/17, 8/23/17, 10/25/17, 5/16/18, 6/27/18, 9/26/18, 1/23/19, 3/27/19, 6/26/19, 10/16/19, 1/15/20, 4/8/20, 4/29/20, 7/1/20, 9/2/20, 9/28/20


        EH     


        Docket 1

        *** VACATED *** REASON: ORDER ENTERED 10/7/20 DISMISSING ADVERSARY (DOC. 98)

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Home Security Stores, Inc. Represented By Winfield S Payne III

        Defendant(s):

        Sterling Security Service, Inc. Pro Se

        Natalia V Knoch Pro Se

        Steven B Knoch Pro Se

        Stacy Winn Represented By

        2:00 PM

        CONT...


        Home Security Stores, Inc.


        Douglas A Plazak


        Chapter 7

        Ralph Winn Represented By

        Douglas A Plazak

        Plaintiff(s):

        JOHN P PRINGLE Represented By Charity J Manee Robert P Goe

        Trustee(s):

        John P Pringle (TR) Represented By Robert P Goe Charity J Manee

        2:00 PM

        6:16-15813


        John E. Tackett


        Chapter 7

        Adv#: 6:18-01138 Speier v. Conestoga Settlement Services, LLC et al


        #7.00 CONT Pre-Trial Conference RE: [1] Adversary case 6:18-ap-01138. Complaint by Steven M Speier against Conestoga Settlement Services, LLC, Conestoga International Holdings, LLC, Conestoga Trust, Provident Trust Group, LLC, De Leon & Washburh, P.C., Thomas Washburn, Hector De Leon, Jeff Converse, Michael Woods, Michael McDermott. (Charge To Estate $350.00). Complaint for: (1) Breach of Written Contract; (2) Rescission and Restitution for Fraud; (3) Money Had and Received; (4) Unjust Enrichment; (5) Fraud; (6) Negligent Representation; (7) Negligence; (8) Rescission and Restitution for Sale of Unqualified Securities [Cal. Corp. §25503]; (9) Damages for Sale of Unqualified Securities [Cal. Corp. §25503]; (10) Rescission: Securities: Misrepresentation [Cal. Corp. §25501]; (11) Damages: Securities: Misrepresentation [Cal. Corp. § 25501]; (12) Contempt for Willful Violation of Automatic Stay Pursuant to 11

        U.S.C. § 105; and (13) Elder Financial Abuse [Cal. Welf. & Inst. Code § 15600 et seq.] Nature of Suit: (14 (Recovery of money/property - other)) (Eastmond, Thomas)

        (AS TO CONESTOGA)


        From: 2/12/20, 4/29/20, 10/28/20 Also #8

        EH     


        Docket 1

        *** VACATED *** REASON: CONTINUED TO 4/21/21 @ 2:00 P.M. BY ORDER ENTERED ON 10/23/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        John E. Tackett Represented By Stefan R Pancer

        2:00 PM

        CONT...


        John E. Tackett


        Chapter 7

        Defendant(s):

        Conestoga Settlement Services, LLC Represented By

        Charles Miller

        Conestoga International Holdings, Represented By

        Charles Miller

        Conestoga Trust Represented By Charles Miller

        Michael McDermott Pro Se

        Joint Debtor(s):

        Ellen O. Tackett Represented By Stefan R Pancer

        Plaintiff(s):

        Steven M Speier Represented By Thomas J Eastmond Robert P Goe

        Rafael R Garcia-Salgado

        Trustee(s):

        Steven M Speier (TR) Represented By Robert P Goe

        Thomas J Eastmond

        2:00 PM

        6:16-15813


        John E. Tackett


        Chapter 7

        Adv#: 6:18-01138 Speier v. Conestoga Settlement Services, LLC et al


        #8.00 CONT Status Conference RE: [1] Adversary case 6:18-ap-01138. Complaint by Steven M Speier against Conestoga Settlement Services, LLC, Conestoga International Holdings, LLC, Conestoga Trust, Provident Trust Group, LLC, De Leon & Washburh, P.C., Thomas Washburn, Hector De Leon, Jeff Converse, Michael Woods, Michael McDermott. (Charge To Estate). Complaint for: (1) Breach of Written Contract; (2) Rescission and Restitution for Fraud; (3) Money Had and Received; (4) Unjust Enrichment; (5) Fraud; (6) Negligent Representation; (7) Negligence; (8) Rescission and Restitution for Sale of Unqualified Securities [Cal. Corp. §25503]; (9) Damages for Sale of Unqualified Securities [Cal. Corp. §25503]; (10) Rescission: Securities: Misrepresentation [Cal. Corp. §25501]; (11) Damages: Securities: Misrepresentation [Cal. Corp. § 25501]; (12) Contempt for Willful Violation of Automatic Stay Pursuant to 11

        U.S.C. § 105; and (13) Elder Financial Abuse [Cal. Welf. & Inst. Code § 15600 et seq.] Nature of Suit: (14 (Recovery of money/property - other)) (Eastmond, Thomas)

        (AS TO REMAINING DEFENDANTS)

        (Jeff Converse - dismissed 12/2/19)

        (Provident Trust Group LLC - dismissed 12/17/19) (De Loeon & Washburn, P.C. - dismissed 1/8/20) (Thomas Washburn - dismissed 1/8/20)

        (Hector De Leon - dismissed 1/8/20)


        From: 8/29/18, 11/28/18, 1/9/19, 4/10/19, 11/6/19, 2/12/20, 2/19/20, 4/29/20


        Also #7 EH     

        Docket 1


        Tentative Ruling:

        - NONE LISTED -

        Party Information

        2:00 PM

        CONT...

        Debtor(s):


        John E. Tackett


        Chapter 7

        John E. Tackett Represented By Stefan R Pancer

        Defendant(s):

        Conestoga Settlement Services, LLC Represented By

        Charles Miller

        Conestoga International Holdings, Represented By

        Charles Miller

        Conestoga Trust Represented By Charles Miller

        Michael McDermott Pro Se

        Joint Debtor(s):

        Ellen O. Tackett Represented By Stefan R Pancer

        Plaintiff(s):

        Steven M Speier Represented By Thomas J Eastmond Robert P Goe

        Rafael R Garcia-Salgado

        Trustee(s):

        Steven M Speier (TR) Represented By Robert P Goe

        Thomas J Eastmond

        2:00 PM

        6:17-17749


        Joshua Cord Richardson


        Chapter 7

        Adv#: 6:19-01114 Sonnenfeld v. Diaz et al


        #9.00 Status Conference RE: [1] Adversary case 6:19-ap-01114. Complaint by Cleo Sonnenfeld against Gabriela Nieto Diaz, Laguna Motors, Inc.. Recovery, and Preservation of Preferential Transfer; (2) Avoidance, Recovery, and Preservation of Constructive Fraudulent Transfer; and (3) Avoidance, Recovery, and Preservation of Actual Fraudulent Transfer [11 U.S.C. Sections 544, 547, 548, 550 and 551; Cal. Civ. Code Sections 3439.04, 3439.05] (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (14 (Recovery of money/property - other)),(12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)) (Hays, D)


        EH         


        (Tele. app. Julian Bach, rep. Defendants) (Tele. appr. Laila Masud, rep. Plaintiffs)

        Docket 1


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Joshua Cord Richardson Represented By Amid Bahadori

        Defendant(s):

        Gabriela Nieto Diaz Pro Se

        Laguna Motors, Inc. Represented By Julian K Bach

        Plaintiff(s):

        Cleo Sonnenfeld Represented By

        2:00 PM

        CONT...


        Trustee(s):


        Joshua Cord Richardson


        Laila Masud

        D Edward Hays


        Chapter 7

        Todd A. Frealy (TR) Represented By Anthony A Friedman

        2:00 PM

        6:18-10740


        Karin Olaya


        Chapter 7

        Adv#: 6:20-01047 Karl T. Anderson, Chapter 7 Trustee v. Olaya et al


        #10.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01047. Complaint by Karl T. Anderson, Chapter 7 Trustee against Karin Giselle Olaya, Rosemary Franco, Frank Howard Eggleston. (Charge To Estate - $350.00). (Attachments: # 1 Adversary Coversheet # 2 Summons and Notice of Status Conference in Adversary Proceeding) Nature of Suit: (14 (Recovery of money/property - other)),(31 (Approval of sale of property of estate and of a co-owner - 363(h))),(11 (Recovery of money/property - 542 turnover of property)) (Perry Isaacson, Misty)


        From: 7/1/20 EH     

        (Tele. appr. Misty Perry-Issacson, rep. trustee, Karl T. Anderson)


        Docket 1


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Karin Olaya Represented By

        Edward T Weber

        Defendant(s):

        Karin Giselle Olaya Represented By Edward T Weber

        Rosemary Franco Pro Se

        Frank Howard Eggleston Pro Se

        Plaintiff(s):

        Karl T. Anderson, Chapter 7 Trustee Represented By

        2:00 PM

        CONT...


        Trustee(s):


        Karin Olaya


        Misty A Perry Isaacson


        Chapter 7

        Karl T Anderson (TR) Represented By

        Misty A Perry Isaacson

        2:00 PM

        6:19-12225


        Nathaniel James Cardiel


        Chapter 7

        Adv#: 6:19-01135 O'Gara Coach Company, LLC v. Cardiel


        #11.00 CONT Status Conference RE: [1] Adversary case 6:19-ap-01135. Complaint by O'Gara Coach Company, LLC against Nathaniel James Cardiel. false pretenses, false representation, actual fraud)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)),(65 (Dischargeability - other)),(41 (Objection / revocation of discharge - 727(c),(d),(e))) (Polis, Thomas)


        From: 12/11/19, 5/20/20, 7/1/20, 9/30/20 Also #12

        EH     


        (Tele. appr. Thomas Polis, rep. Plaintiff)


        Docket 1


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Nathaniel James Cardiel Represented By Sevan Gorginian

        Defendant(s):

        Nathaniel James Cardiel Represented By

        W. Derek May

        Plaintiff(s):

        O'Gara Coach Company, LLC Represented By Thomas J Polis

        Trustee(s):

        Howard B Grobstein (TR) Pro Se

        2:00 PM

        CONT...


        Nathaniel James Cardiel


        Chapter 7

        2:00 PM

        6:19-12225


        Nathaniel James Cardiel


        Chapter 7

        Adv#: 6:19-01135 O'Gara Coach Company, LLC v. Cardiel


        #12.00 CONT Plaintiff O'Gara Coach Company's Motion For Summary Judgmemt From: 7/1/20, 9/30/20

        Also #11 EH     


        Docket 18


        Tentative Ruling:

        1. Factual background

          Between May 2015 and May 2017, Nathaniel James Cardiel ("Cardiel") was employed by O’Gara Coach Company, LLC ("OGCC") at its Beverly Hills, California dealership. OGCC is in the business of selling new and used high-end luxury automobiles. Between April 2017 and February 2018, Cardiel stole a 2009 Rolls- Royce Phantom Coupe ("2009 Rolls-Royce"), and a 2016 McLaren 675 LT ("2016 McLaren").

          On February 9, 2018, the Beverly Hills Police Department located the two vehicles at Cardiel’s residence. On April 10, 2018, Cardiel was charged criminally in the Los Angeles Superior Court for the theft of the two vehicles. On November 13, 2018, Cardiel entered into a felony plea agreement in Los Angeles Superior Court whereby Cardiel agreed to pay $105,000.00 restitution.

          On April 24, 2018, OGCC separately filed a complaint against Cardiel among others in Riverside Superior Court.

          On March 1, 2019, OGCC’s state court counsel deposed Cardiel wherein Cardiel admitted that he stole the two cars from OGCC and revealed that he was consulting with some lawyers about bankruptcy. Specifically, from the excerpt of the deposition, in page 58, lines 23-25, in response to the question, "You stole the car?" Cardiel replied, "I did." In page 81, lines 5-12, in response to the questions, "So you show up on the day you steal the McLaren. You jump the fence. You find a car that’s open that has a bunch of keys in the glove box. You look at the keys. You find a brand that you

          2:00 PM

          CONT...


          Nathaniel James Cardiel


          Chapter 7

          like. You use bolt cutters that you bought the day before to cut the lock on the gate? You open the gate and then you drive the car off the lot", Cardiel replied "Correct." In page 75, lines 15-21, in response to the question, "did you go to the dealership with the intent to take a particular car or just take whatever car was available," Cardiel replied, "to take whatever car that I could find or whichever one out the group of keys I get to pick which one, you know, suits my fancy..." In page 124, lines 14-20, Cardiel revealed, "I had no way of paying my credit card companies…actually right now I’m consulting some lawyers about bankruptcy. So I’m not in a good place credit-wise, as you probably saw by my credit report."

          OGCC’s case filed in Riverside Superior Court is now pending.


        2. Procedural background


        On March 20, 2019, Cardiel filed a Chapter 7 bankruptcy without counsel. Cardiel failed to fully disclose his prepetition financial status in the schedules. Specifically, Cardiel did not disclose 1) OGCC’s pending litigation against him; 2) the pending Los Angeles Superior Court Criminal Action against him and the corresponding

        $105,000.00 restitution and his plea agreement; 3) Cardiel’s ownership interest in the corporate entity, Day Dream Drive; 4) bank accounts maintained at California Coast Credit Union; and 5) 2017 Financial Statement submitted to California Coast Credit Union.

        On July 1, 2019, Cardiel received his Chapter 7 discharge and on July 2, 2019 Cardiel’s Chapter 7 bankruptcy case was closed.

        On or about August 23, 2019, OGCC allegedly became aware of Cardiel’s Chapter 7 case and moved to reopen the case. On September 17, 2019, Cardiel’s Chapter 7 Bankruptcy Case was reopened.

        On October 4, 2019, OGCC filed a complaint to commence adversary proceeding in this Court, alleging that Cardiel’s discharge should be revoked under 11 U.S.C § 727(a) and OGCC’s claim should be determined to be non-dischargeable under 11

        U.S.C §523(a)(2) and §523(a)(6). On December 2, 2019, Cardiel filed an answer to the complaint.

        On May 14, 2020, OGCC filed a motion for summary judgment, arguing there were no disputed material facts and that Cardiel’s discharge should be revoked under 11 U.S.C §727(d), and that OGCC’s claim should be determined to be non- dischargeable under 11 U.S.C §523(a)(6).

        Specifically, for the claim under §727(d), OGCC argues that Cardiel’s omission of

        2:00 PM

        CONT...


        Nathaniel James Cardiel


        Chapter 7

        contained information noted above from his schedules suffices the requirement under

        §727(d) given that 1) OGCC’s alleged entitlement to over $100,000 restitution is material because it constitutes over 60% of Cardiel’s total claims, and 2) Cardiel’s omission was knowingly made as Cardiel filed the bankruptcy only three weeks after his March deposition along with his recent state court criminal charge.

        As to the claim under §523(a)(6), OGCC alleges that Cardiel’s acts were willful and malicious because Cardiel had the motive to inflict injury by stealing and concealing the cars as evidenced by the March deposition, and that caused economic injury totaling $551,295.82.

        According to OGCC’s damage calculation formula, with respect to the 2009 Rolls-Royce, the loss of use is $5,000.00; the loss in value re disclose theft to subsequent buyer is $35,000.00; diminished value of vehicle due to mileage incurred by Cardiel (10,992 miles at $2.50 per mile) is $27,480.00; restore vehicle to factory standards is $36,332.46; the subtotal is $103,812.46. As to the 2016 McLaren, the loss in value re having to disclose the theft to a subsequent buyer is $35,000.00; diminished value of vehicle due to mileage incurred by Cardiel (100 miles at $2.50 per mile) is $250; the subtotal is $35,250.00. The whole amount of car damages is then further trebled pursuant to California Penal Code §496. In addition, the attorney fee, which should also be included to the total amount pursuant to §496, would be

        $134,108.44.

        On June 17, 2020, Cardiel filed an opposition to motion for summary judgment along with his evidentiary objections to the declaration of Juan Hernandez. In the opposition, Cardiel primarily raises disputes regarding damages calculation and amount of the damages in each category. On June 24, OGCC filed a reply to the opposition, arguing that Juan Hernandez, working as a corporate controller at OGCC, is capable to provide reliable amount of damages. In addition, OGCC also filed an evidentiary objection to the declaration of Nathaniel James Cardiel.


        1. EVIDENTIARY OBJECTION


          As a preliminary matter, the Court evaluates the evidentiary objections submitted by both parties.


          1. Cardiel’s evidentiary objections


            First, as to the evidentiary objections by Defendant Cardiel to Juan Hernandez

            2:00 PM

            CONT...


            Nathaniel James Cardiel


            Chapter 7

            declaration, the Court:

            • OVERRULES the evidentiary objection as to ¶ 7 based on hearsay. Defendant assumes, but it is not clear from the declaration, that amounts are reflected in a business record.

            • SUSTAINS the evidentiary objection as to ¶ 7 based on lack of foundation.

              There is no foundation provided for Declarant’s expertise to assess the damages, or for the damage amounts themselves.

              The Court does not address remainder of Cardiel’s evidentiary objections as premature pending resolution of section 496 issues.

          2. OGCC’s evidentiary objections


          OGCC made the evidentiary objections to the declaration of Nathaniel James Cardiel. The Court:

          • OVERRULES objection based on lack of personal knowledge. Perhaps an appropriate objection would be improper legal argument, or lack of foundation, but Declarant is NOT testifying as to what Plaintiff believed (note, Plaintiff is not a person). Declarant is instead testifying as to what Declarant believes.

          • OVERRULES objection based on Expert Witness. Declarant is not testifying as an expert as to any alleged fact. An appropriate objection would be improper legal argument.


        2. STANDARD FOR SUMMARY JUDGMENT

          Summary judgment should be granted if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. Fed. R. Civ. P. 56(c) (made applicable to adversary proceedings by Fed. R. Bankr. P. 7056).

          The moving party has the burden of establishing the absence of a genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). If the moving party shows the absence of a genuine issue of material fact, the nonmoving party must go beyond the pleadings and identify facts that show a genuine issue for trial. Id. at 324. The court must view the evidence in the light most favorable to the nonmoving party. Bell v. Cameron Meadows Land Co., 669 F.2d 1278, 1284 (9th Cir. 1982). All

          2:00 PM

          CONT...


          Nathaniel James Cardiel


          Chapter 7

          reasonable doubt as to the existence of a genuine issue of fact should be resolved against the moving party. Hector v. Wiens, 533 F.2d 429, 432 (9th Cir. 1976). The inference drawn from the underlying facts must be viewed in the light most favorable to the party opposing the motion. Valadingham v. Bojorquez, 866 F.2d 1135, 1137 (9th Cir. 1989). Where different ultimate inferences may be drawn, summary judgment is inappropriate. Sankovich v. Insurance Co. of N. Am., 638 F.2d 136, 140 (9th Cir. 1981).


        3. DISCUSSION


          1. Should OGCC’s claim be deemed non-dischargeable under Section 523(a) (6)?

            Section 523(a)(6) provides that: "(a) A discharge under 727 ... of this title does not discharge an individual debtor from any debt - ... (6) for willful and malicious injury by the debtor to another entity or to the property of another entity." Whether a particular debt is for willful and malicious injury by the debtor to another or the property of another under § 523(a)(6) requires application of a two-pronged test to the conduct giving rise to the injury. In other words, the creditor must prove that the debtor's conduct in causing the injuries was both willful and malicious. Barboza v.

            New Form, Inc. (In re Barboza), 545 F.3d 702,711 (9th Cir. 2008) (citing Carrillo v. Su (In re Su), 290 F.3d 1140, 1146–47 (9th Cir. 2002) and requiring the application of a separate analysis of each prong of "willful" and "malicious").


            1. Willfulness


              To show that a debtor's conduct is willful requires proof that the debtor deliberately or

              intentionally injured the creditor, and that in doing so, the debtor intended the consequences of his act, not just the act itself. Kawaauhau v. Geiger, 523 U.S. 57, 60–61 (1998); Carrillo v. Su (In re Su), 290 F.3d 1140, 1143 (9th Cir. 2002). The debtor must act with a subjective motive to inflict injury, or with a belief that injury is substantially certain to result from the conduct. In re Su, 290 F.3d at 1143. The court may consider circumstantial evidence that may establish what the debtor actually knew when conducting the injury creating action and not just what the debtor admitted

              2:00 PM

              CONT...


              Nathaniel James Cardiel


              Chapter 7

              to knowing. In re Ormsby, 591 F. 3d at 1206 (9th Cir. 2010). Conversion is not per se a willful and malicious injury; it establishes only the wrongful assertion of dominion over another’s personal property. Peklar v. Ikerd (In re Peklar), 260 F.3d 1035, 1037 (9th Cir.2001). See Petralia v. Jercich (In re Jercich), 238 F.3d 1202, 1206 (9th Cir. 2001) (for liability under § 523(a)(6), plaintiff must prove debtor acted willfully and inflicted injury willfully and maliciously rather than recklessly or negligently.) The court must determine whether Cardiel’s acts meet the willful and malicious requirement under §523(a)(6).

              As to the willfulness, OGCC asserts that Cardiel affirmatively admitted no less than five times in his March 2019 deposition testimony (three weeks before his March 20, 2019 Chapter bankruptcy filing) that he most certainly intended to steal the 2009 Rolls-Royce and the 2016 McLaren. Specifically, Cardiel admitted that he intentionally stole the car. In response to the question, "did you go to the dealership with the intent to take a particular car or just take whatever car was available," Cardiel replied, "to take whatever car that I could find or whichever one out the group of keys I get to pick which one, you know, suits my fancy..." In response to the question, "so you show up on the day you steal the McLaren. You jump the fence. You find a car that’s open that has a bunch of keys in the glove box. You look at the keys. You find a brand that you like. You use bolt cutters that you bought the day before to cut the lock on the gate? You open the gate and then you drive the car off the lot", Cardiel replied "Correct."

              Here, it is clear from these quoted parts of deposition that Cardiel intended the acts to steal the vehicles from OGCC. These were not negligent or reckless acts as Cardiel prepared to perform the theft and bought the bolt cutters in advance to achieve his plan. The series of purposeful and deliberate acts for stealing, along with later possession of the car over a period of 6 months to 1 year, resulted in the serious interference with OGCC’s right to possess its cars. Cardiel’s possession of the cars over a period of more than half a year is, at the very least, substantially certain to result in the conversion of OGCC’s cars and more likely intended to inflict that injury. The economic injury to OGCC, including but not limited to, the loss of use and diminished value of vehicle due to mileage incurred by Cardiel, was a direct and certain result by Cardiel’s acts. Despite that Cardiel did not allege that he had a subjective motive to inflict the economic harm to OGCC, Cardiel’s acts to steal the cars for his own entertainment without any indication to return or compensation for OGCC suffice the willingness prong as the economic loss to OGCC was substantially certain resulting from Cardiel’s acts. Moreover, Cardiel’s counsel did not argue

              2:00 PM

              CONT...


              Nathaniel James Cardiel


              Chapter 7

              against the willfulness in the opposition or produce any evidence to the contrary to suggest otherwise.

              Based on the foregoing, the Court finds that Cardiel inflicted an economic injury to OGCC upon either acting with a subjective motive to inflict that injury or with a belief that the injury was substantially certain from his theft of two cars and thus the Court determines that willfulness prong is satisfied.


            2. Maliciousness


              For conducts to be malicious, the creditor must prove that the debtor: (1) committed a wrongful act; (2) done intentionally; (3) which necessarily causes injury; and (4) was done without just cause or excuse. In re Su, 290 F.3d 1140, at 1143. Torts will generally suffice the wrongful act requirement under section 523(a)(6) in the Ninth Circuit. In re Jercich, 238 F.3d 1202, 1204-06 (9th Cir. 2001). The conversion of another's property without his knowledge or consent, done intentionally and without justification and excuse, to the other's injury, constitutes a willful and malicious injury within the meaning of § 523(a)(6). Id, at 1208 (quoting Del Bino v.

              Bailey (In re Bailey), 197 F.3d 997, 1000 (9th Cir.1999)).

              The evidence establishes that Cardiel’s acts satisfy the malicious prong. As to the first element, the undisputed facts reveal that Cardiel, as a prior employee at OGCC, stole a 2009 Rolls-Royce and a 2016 McLaren from OGCC. Cardiel took advantage of knowledge he accumulated during his prior employment so that he was able to acquire a set of keys to enter the lot where the cars parked. He subsequently stole the cars that were open with a bunch of keys, and then Cardiel used the bolt cutters that he prepared in advance to cut the lock on the gate so he could drive away. Cardiel kept the cars in his residence for more than half of a year and drove the cars for his own entertainment without an intention to return the cars. These acts establish culpabilities as Cardiel was soon charged criminally in the Los Angeles Superior Court for the theft of the vehicles after the cars were located by the Beverly Hills Police Department.

              Cardiel afterwards entered into a felony plea agreement in Los Angeles Superior Court. These undisputed facts show that the acts committed by Cardiel are wrongful.

              The second element is easily satisfied here as Cardiel intended these acts as he admitted multiple times in his deposition and, as discussed above, OGCC’s injury was substantially certain inflicted by Cardiel’s acts. As to the third element, Cardiel’s theft necessarily caused certain economic injury to OGCC, including but not limited to the loss of use and diminished value of vehicle due to mileage incurred by Cardiel,

              2:00 PM

              CONT...


              Nathaniel James Cardiel


              Chapter 7

              thus, the third element is satisfied. Lastly, Cardiel did not provide any evidence to show that his acts were done with just cause or excuse. Even to the contrary, Cardiel in his deposition admitted that he stole the cars specifically in order to suit his fancy. Therefore, the Court finds OGCC has established the malicious injury requirement under Section 523(a)(6).

              Thus, based on the foregoing, the Court determines that OGCC has proven the claim that the debt owed by Cardiel to OGCC for theft of the two vehicles is except from discharge pursuant to 11 U.S.C § 523(a)(6). However, as noted above, there is no admissible evidence in support of exact amount of damages.


          2. Treble damages under California Penal Code §496(a) and (c)


            Based on the sustained objection to the damage calculations, OGCC has failed to establish the amount of damages for the injury caused by Cardiel’s acts. However, even assuming there was no issue with the damage award, it is unclear from the pleadings as to whether treble damages are appropriate. California Penal Code § 496(a) and (c) provide in relevant part as follows:


            (a) Every person who buys or receives any property that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or who conceals, sells, withholds, or aids in concealing, selling, or withholding any property from the owner, knowing the property to be so stolen or obtained, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170. …

            A principal in the actual theft of the property may be convicted pursuant to this section. However, no person may be convicted both pursuant to this section and of the theft of the same property.

            (c) Any person who has been injured by a violation of subdivision

            (a) or (b) may bring an action for three times the amount of actual damages, if any, sustained by the plaintiff, costs of suit, and reasonable attorney's fees.


            In this case, the record reflects that Defendant Cardiel pled no contest as part of a

            2:00 PM

            CONT...


            Nathaniel James Cardiel


            Chapter 7

            plea agreement to a charge of §10851 of the Vehicle Code. Section 10851 states in part as follows:


            Any person who drives or takes a vehicle not his or her own, without the consent of the owner thereof, and with intent either to permanently or temporarily deprive the owner thereof of his or her title to or possession of the vehicle, whether with or without intent to steal the vehicle, or any person who is a party or an accessory to or an accomplice in the driving or unauthorized taking or stealing, is guilty of a public offense and, upon conviction thereof, shall be punished by imprisonment in a county jail for not more than one year or pursuant to subdivision (h) of Section 1170 of the Penal Code or by a fine of not more than five thousand dollars ($5,000), or by both the fine and imprisonment.


            There is at least one issue concerning the applicability of §496(a) to the restitution award in this case. The Court assumes without determining that a no contest plea as part of a plea bargain results in a criminal conviction. However, it is unclear if the plea to §10851(a) is a conviction of theft, as theft requires intent to steal but § 10851(a) does not, and to the extent the plea bargain constitutes a conviction of theft, under §496(a) a person cannot also be convicted also under §496(a). Finally, the Court understands Cardiel has testified as to intent to steal, but it is also unclear how such testimony factors into the analysis.

            Based on the foregoing, assuming there was admissible evidence of damages, it is unclear if OGCC is entitled to treble actual damages along with attorney’s fee pursuant to California Penal Code §496(a) and (c).


          3. Should Cardiel’s discharge under Chapter 7 be revoked under Section 727(d)?


          As provided by Section 727(d)(1), in order to prevail on cause of action to revoke debtor’s discharge, the movant must prove two elements: (1) that discharge was obtained through debtor’s fraud; and (2) the movant did not know of such fraud until after debtor was granted a discharge. Nielson further clarifies that the fraud must be a but-for cause of the discharge. In re Nielsen, 383 F.3d 922, 925-26 (9th Cir. 2004). A debtor is deemed to have obtained his discharge by fraud if: (1) he knowingly and

          2:00 PM

          CONT...


          Nathaniel James Cardiel


          Chapter 7

          fraudulently made a false oath in or in connection with the bankruptcy proceeding; and (2) the oath concerned a material fact that would have resulted in the denial of discharge under 11 U.S.C. § 727(a)(4)(A) had it been known prior to discharge. Jones v. U.S. Trustee, Eugene, 736 F.3d 897, 900 (9th Cir. 2013); In re Retz, 606 F.3d 1189, 1196 (9th Cir. 2010). "An omission or misstatement that 'detrimentally affects administration of the estate' is material." In re Retz, at 1198 (quoting Fogal Legware of Switzerland, Inc., v. Wills (In re Wills), 243 B.R. 58, 63 (9th Cir. BAP 1999)).

          For OGCC to prove that Cardiel’s discharge was "obtained through" the fraud, OGCC must show that, but for the fraud, the discharge would not have been granted. OGCC alleged that Cardiel’s complete omission of the pending criminal litigation involving the restitution order is material because it constitutes over 60% of Cardiel’s total claims.

          That argument is of no merit in no-asset bankruptcy filings. Assuming for the purpose of discussion that Cardiel listed this pending criminal litigation and corresponding restitution in his schedules, it would have no effect on any creditors and Cardiel would get his discharged. The omission would not affect administration of the estate given the non-asset bankruptcy filing. Equally importantly, dischargeability of this litigation is unaffected because of Cardiel’s discharge.

          Dischargeability is unaffected by scheduling in Chapter 7 no-assets bankruptcy. In re Nielsen, 383 F.3d 922, at 926. A dischargeable debt would have been discharged, and a non-dischargeable debt would not have been discharged, regardless of scheduling. Id. Therefore, OGCC fails to meet its burden of showing there is no issue on the question of whether the omission is material.

          As to the failure to disclose the bank accounts and the company, the Court notes that the argument section of OGCC’s motion on §727(d) only deals with Cardiel’s failure to include the criminal litigation in the schedules. It does not mention the failure to disclosure the bank accounts and companies. OGCC has not presented any evidence to establish the value of those assets in order to show that the non-disclosure was material. Assuming there was the evidence of value, in his opposition, Cardiel has presented the indirect evidence of value so as to raise a question of fact, although the court notes that scant evidence, contained in ¶ 10 of Cardiel’s declaration, lacks any appropriate detail so as to be reliable.

          Based on all foregoing, this Court determines that the OGCC has not met the burden of showing the absence of a genuine dispute of material facts as to whether Cardiel knowingly and fraudulently made a false oath concerning a material fact that would have resulted in the denial of discharge for the purpose of 11 U.S.C §727(d)

          2:00 PM

          CONT...


          Nathaniel James Cardiel


          Chapter 7

          and OGCC’s claim under 11 U.S.C §727(d) should be denied.


        4. CONCLUSION

        Based on the foregoing, the Court is inclined to GRANT the motion under 523(a)

          1. as to liability (but not damages) and DENY the motion as to 727(d).


            Party Information

            Debtor(s):

            Nathaniel James Cardiel Represented By Sevan Gorginian

            Defendant(s):

            Nathaniel James Cardiel Represented By

            W. Derek May

            Movant(s):

            O'Gara Coach Company, LLC Represented By Thomas J Polis

            Plaintiff(s):

            O'Gara Coach Company, LLC Represented By Thomas J Polis

            Trustee(s):

            Howard B Grobstein (TR) Pro Se

            2:00 PM

            6:19-16470


            Ana Rosa Lopez


            Chapter 7

            Adv#: 6:20-01104 Grobstein v. Torres


            #13.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01104. Complaint by Howard B Grobstein against Joshua Daniel Torres. (Charge To Estate -

            $350.00). Complaint for: (1) Avoidance of Actual Fraudulent Transfer [11 U.S.C.

            § 548(a)(1)(A)]; (2) Avoidance of Constructive Fraudulent Transfer [11 U.S.C. § 548(a)(1)(B)]; and (3) Recovery of Avoided Transfer [11 U.S.C. §550] (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Madoyan, Noreen)


            From: 7/22/20 EH     

            (Tele. appr. Meghann Triplett, rep. Plaintiff)


            Docket 1

            *** VACATED *** REASON: CONTINUED TO 12/2/20 @ 2:00 P.M. BY ORDER ENTERED 10/16/20

            Tentative Ruling:

            - NONE LISTED -

            Party Information

            Debtor(s):

            Ana Rosa Lopez Represented By Raymond Perez

            Defendant(s):

            Joshua Daniel Torres Represented By Raymond Perez

            Plaintiff(s):

            Howard B Grobstein Represented By Noreen A Madoyan Meghann A Triplett

            2:00 PM

            CONT...

            Trustee(s):


            Ana Rosa Lopez


            Chapter 7

            Howard B Grobstein (TR) Represented By Noreen A Madoyan Meghann A Triplett

            2:00 PM

            6:20-12197


            Russell Ray Bomar, Jr.


            Chapter 7

            Adv#: 6:20-01151 Chaffey Federal Credit Union v. Bomar, Jr.


            #14.00 CONT Stipulation between Chaffey Federal Credit Union and Defendant for Entry of Judgment


            From: 9/30/20 EH     

            (Tele. appr. Lysa Simon, rep. Plaintiff, Chaffey Federal Credit Union)


            Docket 0


            Tentative Ruling:

            - NONE LISTED -


            Debtor(s):


            Party Information

            Russell Ray Bomar Jr. Represented By Neil R Hedtke

            Defendant(s):

            Russell Ray Bomar Jr. Pro Se

            Plaintiff(s):

            Chaffey Federal Credit Union Represented By

            A. Lysa Simon

            Trustee(s):

            Karl T Anderson (TR) Pro Se

            2:00 PM

            6:20-12197


            Russell Ray Bomar, Jr.


            Chapter 7


            #15.00 CONT Order to Show Cause re Contempt and for Sanctions From: 8/19/20, 10/7/20)

            EH        


            Docket 27


            Tentative Ruling:

            - NONE LISTED -


            Debtor(s):


            Party Information

            Russell Ray Bomar Jr. Represented By Neil R Hedtke

            Movant(s):

            Chaffey Federal Credit Union Represented By

            A. Lysa Simon

            Trustee(s):

            Karl T Anderson (TR) Pro Se

            2:00 PM

            6:20-12652


            Rosa H. Colon


            Chapter 7

            Adv#: 6:20-01166 Colon v. Mountain Park Condominium Association


            #16.00 Status Conference RE: [1] Adversary case 6:20-ap-01166. Complaint by Rosa

            H. Colon against Mountain Park Condominium Association. priority or extent of lien or other interest in property)),(65 (Dischargeability - other)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy)))


            EH     


            (Tele. appr. Sean Colon, rep. Plainttiff)


            Docket 1


            Tentative Ruling:

            - NONE LISTED -


            Debtor(s):


            Party Information

            Rosa H. Colon Represented By Sean H Colon

            Defendant(s):

            Mountain Park Condominium Pro Se

            Plaintiff(s):

            Rosa H. Colon Represented By Sean H Colon

            Trustee(s):

            Lynda T. Bui (TR) Pro Se

            2:00 PM

            6:20-13417


            Eddie C. DeGracia, Jr.


            Chapter 7

            Adv#: 6:20-01106 Daff v. DeGracia


            #17.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01106. Complaint by Charles W. Daff against Satoko DeGracia. (Charge To Estate - $350.00). FOR:

            1. Avoidance of Intentional Fraudulent Transfers and Recovery of Same [11 U.S.C. §§ 544, 548, 550, 551; CAL. CIV. CODE §§ 3439.04, 3439.07, 3439.08];

            2. Avoidance of Constructive Fraudulent Transfers and Recovery of Same [11 U.S.C. §§ 544, 548, 550, 551; CAL. CIV. CODE §§ 3439.04, 3439.05, 3439.07, 3439.08, 3439.09]; 3. Disallowance of Claims [11 U.S.C. §502(d)]; 4. Unjust Enrichment [11 U.S.C. § 105]; 5. Declaratory Relief [11 U.S.C. §§ 541, 544, 548; FRBP 7001(9)]; and 6. Turnover of Property of the Estate [11 U.S.C. § 542] Nature of Suit: (01 (Determination of removed claim or cause)),(13 (Recovery of money/property - 548 fraudulent transfer)),(91 (Declaratory judgment)),(11 (Recovery of money/property - 542 turnover of property)) (Iskander, Brandon)


            From: 7/22/20, 8/19/20 EH     

            Docket 1

            *** VACATED *** REASON: CONTINUED TO 12/23/20 BY ORDER ENTERED ON 10/14/20 (DOC. )

            Tentative Ruling:

            - NONE LISTED -

            Party Information

            Debtor(s):

            Eddie C. DeGracia Jr. Represented By

            James D. Hornbuckle

            Defendant(s):

            Satoko DeGracia Represented By Scott Talkov

            Plaintiff(s):

            Charles W. Daff Represented By

            2:00 PM

            CONT...


            Trustee(s):


            Eddie C. DeGracia, Jr.


            Brandon J Iskander


            Chapter 7

            Charles W Daff (TR) Represented By Brandon J Iskander

            3:00 PM

            6:03-15174


            Devore Stop A General Partners


            Chapter 7

            Adv#: 6:12-01498 Morschauser v. Continental Capital LLC et al


            #18.00 CONT Status Conference RE: [29] Crossclaim/Cross-Complaint for: 1

            conversion; 2 constructive trust; 3 unjust enrichment; 4 an accounting; 5 declaratory relief; and 6 primary and secondary indemnification and contribution by American Business Investments , Jesse Bojorquez against Stephen Collias , Continental Capital LLC


            From: 3/11/15, 5/20/15, 7/29/15, 12/16/15, 2/3/16, 3/16/16, 5/11/16, 8/31/16, 11/2/16, 11/16/16, 3/8/17, 6/7/17, 7/26/17, 9/13/17, 3/12/18, 11/13/19, 12/17/19,

            1/15/20, 2/12/20, 3/11/20, 8/19/20


            EH     


            Docket 29

            *** VACATED *** REASON: CONTINUED TO 11/10/20 @ 2:00 P.M. BY ORDER ENTERED ON 10/22/20

            Tentative Ruling:

            - NONE LISTED -

            Party Information

            Debtor(s):

            Devore Stop A General Partners Represented By

            Arshak Bartoumian - DISBARRED - Newton W Kellam

            Devore Stop Represented By

            Hutchison B Meltzer

            Defendant(s):

            Continental Capital LLC Represented By Cara J Hagan

            Lawrence J Kuhlman Reid A Winthrop

            Stephen Collias Represented By

            3:00 PM

            CONT...


            Devore Stop A General Partners


            Cara J Hagan Lawrence J Kuhlman Reid A Winthrop


            Chapter 7

            Jesse Bojorquez Represented By Lawrence J Kuhlman

            Autumn D Spaeth ESQ Cara J Hagan

            Reid A Winthrop

            American Business Investments Represented By Lawrence J Kuhlman

            Autumn D Spaeth ESQ Cara J Hagan

            Reid A Winthrop

            Mohammed Abdizadeh Pro Se

            Plaintiff(s):

            William G Morschauser Represented By Hutchison B Meltzer Reid A Winthrop Cara J Hagan

            Trustee(s):

            Arturo Cisneros (TR) Pro Se

            3:00 PM

            6:03-15174


            Devore Stop A General Partners


            Chapter 7

            Adv#: 6:12-01498 Morschauser v. Continental Capital LLC et al


            #19.00 CONT Status Conference Hearing RE: Complaint by William G Morschauser against Continental Capital LLC , Stephen Collias , Jesse Bojorquez , American Business Investments , Mohammed Abdizadeh


            From: 3/11/15, 5/20/15, 7/29/15, 12/16/15, 2/3/16, 3/16/16, 5/11/16, 8/31/16, 11/2/16, 11/16/16, 3/8/17, 6/7/17, 7/26/17, 9/13/17, 3/12/18, 11/13/19, 12/17/19,

            1/15/20, 2/12/20, 3/11/20, 8/19/20


            EH         


            Docket 1

            *** VACATED *** REASON: CONTINUED TO 11/10/20 @ 2:00 P.M. BY ORDER ENTERED ON 10/22/20

            Tentative Ruling:

            - NONE LISTED -

            Party Information

            Debtor(s):

            Devore Stop A General Partners Represented By

            Arshak Bartoumian - DISBARRED - Newton W Kellam

            Devore Stop Represented By

            Hutchison B Meltzer

            Defendant(s):

            Continental Capital LLC Represented By Cara J Hagan

            Lawrence J Kuhlman Reid A Winthrop

            Stephen Collias Represented By

            3:00 PM

            CONT...


            Devore Stop A General Partners


            Cara J Hagan Lawrence J Kuhlman Reid A Winthrop


            Chapter 7

            Jesse Bojorquez Represented By Lawrence J Kuhlman

            Autumn D Spaeth ESQ Cara J Hagan

            Reid A Winthrop

            American Business Investments Represented By Lawrence J Kuhlman

            Autumn D Spaeth ESQ Cara J Hagan

            Reid A Winthrop

            Mohammed Abdizadeh Pro Se

            Plaintiff(s):

            William G Morschauser Represented By Hutchison B Meltzer Reid A Winthrop Cara J Hagan

            Trustee(s):

            Arturo Cisneros (TR) Pro Se

            3:00 PM

            6:03-15174


            Devore Stop A General Partners


            Chapter 7

            Adv#: 6:12-01498 Morschauser v. Continental Capital LLC et al


            #20.00 Defendants' Motion For Summary Judgment


            EH     


            Docket 364

            *** VACATED *** REASON: CONTINUED TO 11/10/20 @ 2:00 P.M. BY ORDER ENTERED ON 10/22/20

            Tentative Ruling:

            - NONE LISTED -

            Party Information

            Debtor(s):

            Devore Stop A General Partners Represented By

            Arshak Bartoumian - DISBARRED - Newton W Kellam

            Devore Stop Represented By

            Hutchison B Meltzer

            Defendant(s):

            Continental Capital LLC Represented By Cara J Hagan

            Lawrence J Kuhlman Reid A Winthrop

            Stephen Collias Represented By Cara J Hagan

            Lawrence J Kuhlman Reid A Winthrop

            Jesse Bojorquez Represented By Lawrence J Kuhlman

            Autumn D Spaeth ESQ Cara J Hagan

            3:00 PM

            CONT...


            Devore Stop A General Partners


            Reid A Winthrop


            Chapter 7

            American Business Investments Represented By Lawrence J Kuhlman

            Autumn D Spaeth ESQ Cara J Hagan

            Reid A Winthrop

            Mohammed Abdizadeh Pro Se

            Movant(s):

            Continental Capital LLC Represented By Cara J Hagan

            Lawrence J Kuhlman Reid A Winthrop

            Continental Capital LLC Represented By Cara J Hagan

            Continental Capital LLC Represented By Cara J Hagan

            Plaintiff(s):

            William G Morschauser Represented By Hutchison B Meltzer Reid A Winthrop Cara J Hagan

            Trustee(s):

            Arturo Cisneros (TR) Pro Se

            3:00 PM

            6:03-15174


            Devore Stop A General Partners


            Chapter 7

            Adv#: 6:12-01498 Morschauser v. Continental Capital LLC et al


            #21.00 Plaintiffs Motion For Summary Judgment


            EH     


            Docket 365

            *** VACATED *** REASON: CONTINUED TO 11/10/20 @ 2:00 P.M. BY ORDER ENTERED ON 10/22/20

            Tentative Ruling:

            - NONE LISTED -

            Party Information

            Debtor(s):

            Devore Stop Represented By

            Hutchison B Meltzer

            Devore Stop A General Partners Represented By

            Arshak Bartoumian - DISBARRED - Newton W Kellam

            Defendant(s):

            Continental Capital LLC Represented By Cara J Hagan

            Lawrence J Kuhlman Reid A Winthrop

            Stephen Collias Represented By Cara J Hagan

            Lawrence J Kuhlman Reid A Winthrop

            Jesse Bojorquez Represented By Lawrence J Kuhlman

            Autumn D Spaeth ESQ Cara J Hagan

            3:00 PM

            CONT...


            Devore Stop A General Partners


            Reid A Winthrop


            Chapter 7

            American Business Investments Represented By Lawrence J Kuhlman

            Autumn D Spaeth ESQ Cara J Hagan

            Reid A Winthrop

            Mohammed Abdizadeh Pro Se

            Movant(s):

            William G Morschauser Represented By Hutchison B Meltzer Reid A Winthrop Cara J Hagan

            Plaintiff(s):

            William G Morschauser Represented By Hutchison B Meltzer Reid A Winthrop Cara J Hagan

            Trustee(s):

            Arturo Cisneros (TR) Pro Se

            3:00 PM

            6:03-15174


            Devore Stop A General Partners


            Chapter 7

            Adv#: 6:12-01498 Morschauser v. Continental Capital LLC et al


            #22.00 Cross Complainants Motion For Summary Judgment


            EH     


            Docket 379

            *** VACATED *** REASON: CONTINUED TO 11/10/20 @ 2:00 P.M. BY ORDER ENTERED ON 10/22/20

            Tentative Ruling:

            - NONE LISTED -

            Party Information

            Debtor(s):

            Devore Stop A General Partners Represented By

            Arshak Bartoumian - DISBARRED - Newton W Kellam

            Devore Stop Represented By

            Hutchison B Meltzer

            Defendant(s):

            Continental Capital LLC Represented By Cara J Hagan

            Lawrence J Kuhlman Reid A Winthrop

            Stephen Collias Represented By Cara J Hagan

            Lawrence J Kuhlman Reid A Winthrop

            Jesse Bojorquez Represented By Lawrence J Kuhlman

            Autumn D Spaeth ESQ Cara J Hagan

            3:00 PM

            CONT...


            Devore Stop A General Partners


            Reid A Winthrop


            Chapter 7

            American Business Investments Represented By Lawrence J Kuhlman

            Autumn D Spaeth ESQ Cara J Hagan

            Reid A Winthrop

            Mohammed Abdizadeh Pro Se

            Movant(s):

            Jesse Bojorquez Represented By Lawrence J Kuhlman

            Autumn D Spaeth ESQ Cara J Hagan

            Reid A Winthrop

            Jesse Bojorquez Represented By Lawrence J Kuhlman

            Autumn D Spaeth ESQ

            Jesse Bojorquez Represented By Lawrence J Kuhlman

            Autumn D Spaeth ESQ

            Plaintiff(s):

            William G Morschauser Represented By Hutchison B Meltzer Reid A Winthrop Cara J Hagan

            Trustee(s):

            Arturo Cisneros (TR) Pro Se

            11:00 AM

            6:20-14076


            Shirley Henrietta Harris


            Chapter 13


            #1.00 CONT Confirmation of Chapter 13 Plan From: 9/10/20

            EH      


            (Tele. appr. Anthony Mikhail, rep. Debtor)


            (Tele. appr. Joey De Leon, rep. Chapter 13 Trustee)


            Docket 0


            Party Information

            Debtor(s):

            Shirley Henrietta Harris Represented By

            Ethan Kiwhan Chin

            Trustee(s):

            Rod Danielson (TR) Pro Se

            11:00 AM

            6:20-14872


            Christopher M Heidmiller and Yvette G Heidmiller


            Chapter 13


            #2.00 Confirmation of Chapter 13 Plan EH     

            Docket 2

            Party Information

            Debtor(s):

            Christopher M Heidmiller Represented By Carey C Pickford

            Joint Debtor(s):

            Yvette G Heidmiller Represented By Carey C Pickford

            Trustee(s):

            Rod Danielson (TR) Pro Se

            11:00 AM

            6:20-14903

            Manuel Monroy

            Chapter 13

            #3.00 Confirmation of Chapter 13 Plan EH     

            (Tele. appr. Eric Enciso, rep, creditor, U.S. Bank) (Tele. appr. George Panagiotou, rep. Debtor)

            (Tele. appr. Joey De Leon, rep. Chapter 13 Trustee)


            Docket 0


            Party Information

            Debtor(s):

            Manuel Monroy Represented By

            George C Panagiotou

            Trustee(s):

            Rod Danielson (TR) Pro Se

            11:00 AM

            6:20-14968


            Nemesio Rivas Chavez, Jr.


            Chapter 13


            #4.00 Confirmation of Chapter 13 Plan EH     

            (Tele. appr. Jennifer Tanios, rep Debtor)


            (Tele. appr. Joey De Leon, rep. Chapter 13 Trustee)


            Docket 0


            Party Information

            Debtor(s):

            Nemesio Rivas Chavez Jr. Represented By

            Shawn Anthony Doan

            Trustee(s):

            Rod Danielson (TR) Pro Se


            Thursday, October 29, 2020

            Hearing Room

            303


            11:00 AM

            6:20-15040


            Mary Louise Rodgers


            Chapter 13


            #5.00 Confirmation of Chapter 13 Plan EH     

            Docket 0


            Party Information

            Debtor(s):

            Mary Louise Rodgers Pro Se

            Trustee(s):

            Rod Danielson (TR) Pro Se

            11:00 AM

            6:20-15065


            Jose Roman and Elvia Roman


            Chapter 13


            #6.00 Confirmation of Chapter 13 Plan EH     

            Docket 0


            Party Information

            Debtor(s):

            Jose Roman Represented By

            Jaime A Cuevas Jr.

            Joint Debtor(s):

            Elvia Roman Represented By

            Jaime A Cuevas Jr.

            Trustee(s):

            Rod Danielson (TR) Pro Se

            11:00 AM

            6:20-15066


            Miguel A. Lopez


            Chapter 13


            #7.00 Confirmation of Chapter 13 Plan EH     

            (Tele. appr. Richard Sturdevant, rep. Debtor)


            (Tele. appr. Joey De Leon, rep. Chapter 13 Trustee)


            Docket 0


            Party Information

            Debtor(s):

            Miguel A. Lopez Represented By Amanda G Billyard

            Trustee(s):

            Rod Danielson (TR) Pro Se


            Thursday, October 29, 2020

            Hearing Room

            303


            11:00 AM

            6:20-15126


            Teddy Collado Lingad and Rhodora Hernandez Lingad


            Chapter 13


            #8.00 Confirmation of Chapter 13 Plan EH     

            Docket 0


            Party Information

            Debtor(s):

            Teddy Collado Lingad Represented By Jonathan D Doan

            Joint Debtor(s):

            Rhodora Hernandez Lingad Represented By Jonathan D Doan

            Trustee(s):

            Rod Danielson (TR) Pro Se

            11:00 AM

            6:20-15263


            Yvette Deneese Kearns


            Chapter 13


            #9.00 Confirmation of Chapter 13 Plan EH     

            (Tele. appr. Aaron Lloyd, rep. Detor)


            (Tele. appr. Joey De Leon, rep. Chapter 13 Trustee)


            Docket 0


            Party Information

            Debtor(s):

            Yvette Deneese Kearns Represented By Aaron Lloyd

            Trustee(s):

            Rod Danielson (TR) Pro Se

            11:00 AM

            6:20-15268


            David Ruiz and Michelle Marie Ruiz


            Chapter 13


            #10.00 Confirmation of Chapter 13 Plan EH     

            (Tele. appr. Melissa Raskey, rep. Debtor)


            (Tele. appr. Joey De Leon, rep. Chapter 13 Trustee)


            Docket 0


            Party Information

            Debtor(s):

            David Ruiz Represented By

            Melissa A Raskey

            Joint Debtor(s):

            Michelle Marie Ruiz Represented By Melissa A Raskey

            Trustee(s):

            Rod Danielson (TR) Pro Se

            11:00 AM

            6:20-15278


            Susan F Fontecha


            Chapter 13


            #11.00 Confirmation of Chapter 13 Plan EH     

            (Tele. appr. Paul Lee, rep. Debtor)


            (Tele. appr. Joey De Leon, rep. Chapter 13 Trustee)


            Docket 0


            Party Information

            Debtor(s):

            Susan F Fontecha Represented By Paul Y Lee

            Trustee(s):

            Rod Danielson (TR) Pro Se

            11:00 AM

            6:20-15287


            Rebecca R Banuelos


            Chapter 13


            #12.00 Confirmation of Chapter 13 Plan EH     

            (Tele. appr. Dane Exnowski, rep. Fay Servicing LLC) (Tele. appr. Julie Villalobos, rep. Debtor)

            (Tele. appr. Joey De Leon, rep. Chapter 13 Trustee)


            Docket 0


            Party Information

            Debtor(s):

            Rebecca R Banuelos Represented By Julie J Villalobos

            Trustee(s):

            Rod Danielson (TR) Pro Se

            11:00 AM

            6:20-15345


            Bryan C. Young and Jaimie L. Young


            Chapter 13


            #13.00 Confirmation of Chapter 13 Plan EH     

            (Tele. appr. Paul Lee, rep. Debtors)


            (Tele. appr. Joey De Leon, rep. Chapter 13 Trustee)


            Docket 0


            Party Information

            Debtor(s):

            Bryan C. Young Represented By Paul Y Lee

            Joint Debtor(s):

            Jaimie L. Young Represented By Paul Y Lee

            Trustee(s):

            Rod Danielson (TR) Pro Se

            11:00 AM

            6:20-15370


            Michael J. Slowinski


            Chapter 13


            #14.00 Confirmation of Chapter 13 Plan EH     

            Docket 0


            Party Information

            Debtor(s):

            Michael J. Slowinski Represented By Michael Smith

            Trustee(s):

            Rod Danielson (TR) Pro Se

            11:00 AM

            6:20-15403


            Griselda Rivera


            Chapter 13


            #15.00 Confirmation of Chapter 13 Plan EH     

            Docket 0


            Party Information

            Debtor(s):

            Griselda Rivera Represented By Neil R Hedtke

            Trustee(s):

            Rod Danielson (TR) Pro Se

            11:01 AM

            6:15-19930


            Melinda Kay Allen


            Chapter 13


            #16.00 Trustee's Motion to Dismiss Case EH     

            Docket 121

            *** VACATED *** REASON: NOTICE OF WITHDRAWAL FILED 10/27/20 (DOC. 125)

            Party Information

            Debtor(s):

            Melinda Kay Allen Represented By Steven A Alpert

            Trustee(s):

            Rod Danielson (TR) Pro Se

            11:01 AM

            6:16-11655

            Lynn Anne Rellins

            Chapter 13

            #17.00 Trustee's Motion to Dismiss Case EH     

            Docket 82

            *** VACATED *** REASON: NOTICE OF WITHDRAWAL FILED 10/28/20

            Party Information

            Debtor(s):

            Lynn Anne Rellins Represented By Javier H Castillo

            Trustee(s):

            Rod Danielson (TR) Pro Se

            11:01 AM

            6:17-10414

            Felipe Morales

            Chapter 13

            #18.00 Trustee's Motion to Dismiss Case EH     

            (Tele. appr. Rebecca Tomilowitz, rep. Debtors) (Tele. appr. Joey De Leon, rep. Chapter 13 Trustee)

            Docket 45

            Party Information

            Debtor(s):

            Felipe Morales Represented By Rebecca Tomilowitz

            Trustee(s):

            Rod Danielson (TR) Pro Se

            11:01 AM

            6:17-11131

            Bruce Howard Ruggles and Ann Marie Ruggles

            Chapter 13

            #19.00 Trustee's Motion to Dismiss Case EH     

            Docket 198

            *** VACATED *** REASON: NOTICE OF WITHDRAWAL FILED 10/26/20 (DOC. 205)

            Party Information

            Debtor(s):

            Bruce Howard Ruggles Represented By John F Brady

            Joint Debtor(s):

            Ann Marie Ruggles Represented By John F Brady

            Trustee(s):

            Rod Danielson (TR) Pro Se

            11:01 AM

            6:17-13395

            Valecia Renee Knox

            Chapter 13

            #20.00 Trustee's Motion to Dismiss Case EH     

            Docket 59

            Party Information

            Debtor(s):

            Valecia Renee Knox Represented By

            L. Tegan Rodkey

            Trustee(s):

            Rod Danielson (TR) Pro Se

            11:01 AM

            6:18-13906

            Ruby Lee Frazier

            Chapter 13

            #21.00 Trustee's Motion to Dismiss Case EH     

            Docket 127

            *** VACATED *** REASON: NOTICE OF WITHDRAWAL FILED 10/21/20 (DOC. 131)

            Party Information

            Debtor(s):

            Ruby Lee Frazier Represented By Michael D Franco

            Trustee(s):

            Rod Danielson (TR) Pro Se

            11:01 AM

            6:18-14816

            Daniel W. Sargent

            Chapter 13

            #22.00 Trustee's Motion to Dismiss Case .

            EH     

            (Tele. appr. Julie Villalobos, rep. Debtor)

            (Tele. appr. Joey De Leon, rep. Chapter 13 Trustee)

            Docket 51

            Party Information

            Debtor(s):

            Daniel W. Sargent Represented By Julie J Villalobos

            Trustee(s):

            Rod Danielson (TR) Pro Se

            11:01 AM

            6:19-10001

            Jose Diaz and Betty Diaz

            Chapter 13

            #23.00 Trustee's Motion to Dismiss Case EH     

            Docket 68

            *** VACATED *** REASON: NOTICE OF WITHDRAWAL FILED 10/28/20

            Party Information

            Debtor(s):

            Jose Diaz Represented By

            Nima S Vokshori

            Joint Debtor(s):

            Betty Diaz Represented By

            Nima S Vokshori

            Trustee(s):

            Rod Danielson (TR) Pro Se

            11:01 AM

            6:19-10290


            Miguel Jose Padilla, Jr. and Holly Lynn Padilla


            Chapter 13


            #24.00 Trustee's Motion to Dismiss Case EH     

            Docket 41

            *** VACATED *** REASON: NOTICE OF WITHDRAWAL FILED 10/20/20 (DOC. 52)

            Party Information

            Debtor(s):

            Miguel Jose Padilla Jr. Represented By Todd L Turoci

            Joint Debtor(s):

            Holly Lynn Padilla Represented By Todd L Turoci

            Trustee(s):

            Rod Danielson (TR) Pro Se

            11:01 AM

            6:19-10401

            Gail Nash

            Chapter 13

            #25.00 Trustee's Motion to Dismiss Case EH     

            Docket 54

            Party Information

            Debtor(s):

            Gail Nash Represented By

            Edward T Weber

            Trustee(s):

            Rod Danielson (TR) Pro Se

            11:01 AM

            6:19-11281

            Nadia Michelle Lipscomb

            Chapter 13

            #26.00 CONT Trustee's Motion to Dismiss Case From 10/15/20

            EH     

            Docket 68

            Party Information

            Debtor(s):

            Nadia Michelle Lipscomb Represented By Benjamin R Heston

            Trustee(s):

            Rod Danielson (TR) Pro Se

            11:01 AM

            6:19-12090

            Gilbert Soto and Nancy Soto

            Chapter 13

            #27.00 Trustee's Motion to Dismiss Case EH     

            (Tele. appr. Terrence Fantauzzi, rep. Debtors) (Tele. appr. Joey De Leon, rep. Chapter 13 Trustee)

            Docket 44

            Party Information

            Debtor(s):

            Gilbert Soto Represented By

            Terrence Fantauzzi

            Joint Debtor(s):

            Nancy Soto Represented By

            Terrence Fantauzzi

            Trustee(s):

            Rod Danielson (TR) Pro Se

            11:01 AM

            6:19-14828


            Portia Wondaline Barmes


            Chapter 13


            #28.00 Trustee's Motion to Dismiss Case EH     

            Docket 67

            *** VACATED *** REASON: NOTICE OF WITHDRAWAL FILED 10/28/20 (DOC. 70)

            Party Information

            Debtor(s):

            Portia Wondaline Barmes Represented By Dana Travis

            Trustee(s):

            Rod Danielson (TR) Pro Se

            11:01 AM

            6:19-16977

            Mark E Harvey

            Chapter 13

            #29.00 Trustee's Motion to Dismiss Case (Delinquency) EH     

            Docket 67

            *** VACATED *** REASON: NOTICE OF WITHDRAWAL FILED 10/19/20 (DOC. 70)

            Party Information

            Debtor(s):

            Mark E Harvey Represented By Paul Y Lee

            Trustee(s):

            Rod Danielson (TR) Pro Se

            11:01 AM

            6:19-16979

            Flor Aguilar

            Chapter 13

            #30.00 Trustee's Motion to Dismiss Case EH     

            Docket 50

            *** VACATED *** REASON: NOTICE OF WITHDRAWAL FILED 9/28/20 (DOC. 54)

            Party Information

            Debtor(s):

            Flor Aguilar Represented By

            Rabin J Pournazarian

            Trustee(s):

            Rod Danielson (TR) Pro Se

            11:01 AM

            6:19-17274

            Sherry L. Stokes

            Chapter 13

            #31.00 Trustee's Motion to Dismiss Case EH     

            (Tele. appr. Joseline Medrano, rep. Debtor)

            (Tele. appr. Joey De Leon, rep. Chapter 13 Trustee)

            Docket 58

            Party Information

            Debtor(s):

            Sherry L. Stokes Represented By Gregory Ashcraft

            Trustee(s):

            Rod Danielson (TR) Pro Se

            11:01 AM

            6:19-19073

            Mercy Doria

            Chapter 13

            #32.00 Trustee's Motion to Dismiss Case EH     

            (Tele. appr. Andy Nguyen, rep. Debtor)

            (Tele. appr. Joey De Leon, rep. Chapter 13 Trustee)

            Docket 65

            Party Information

            Debtor(s):

            Mercy Doria Represented By

            Andrew Nguyen

            Trustee(s):

            Rod Danielson (TR) Pro Se

            11:01 AM

            6:19-19464

            Lyle Faubion and Angela Faubion

            Chapter 13

            #33.00 Trustee's Motion to Dismiss Case EH     

            Docket 28

            *** VACATED *** REASON: CASE CONVERTED TO CHAPTER 7 ON 10/22/20

            Party Information

            Debtor(s):

            Lyle Faubion Represented By

            Todd L Turoci

            Joint Debtor(s):

            Angela Faubion Represented By Todd L Turoci

            Trustee(s):

            Rod Danielson (TR) Pro Se

            11:01 AM

            6:19-20179

            George Clarence Maret and Elizabeth Ann Maret

            Chapter 13

            #34.00 Trustee's Motion to Dismiss Case EH     

            Docket 35

            *** VACATED *** REASON: NOTICE OF WITHDRAWAL FILED 10/26/20 (DOC. 39)

            Party Information

            Debtor(s):

            George Clarence Maret Represented By Dana Travis

            Joint Debtor(s):

            Elizabeth Ann Maret Represented By Dana Travis

            Trustee(s):

            Rod Danielson (TR) Pro Se

            11:01 AM

            6:19-20408

            Juan Carlos De La Cruz and Claudia Veronica De La Cruz

            Chapter 13

            #35.00 Trustee's Motion to Dismiss Case EH     

            Docket 61

            *** VACATED *** REASON: NOTICE OF WITHDRAWAL FILED 9/28/20 (DOC.65)

            Party Information

            Debtor(s):

            Juan Carlos De La Cruz Represented By

            Sanaz Sarah Bereliani

            Joint Debtor(s):

            Claudia Veronica De La Cruz Represented By

            Sanaz Sarah Bereliani

            Trustee(s):

            Rod Danielson (TR) Pro Se

            11:01 AM

            6:20-12955


            Melvin T. Marks and Maria Popeonas


            Chapter 13


            #36.00 Trustee's Motion to Dismiss Case EH     

            (Tele. appr. Natalie Alvarado, rep. Debtors)


            (Tele. appr. Joey De Leon, rep. Chapter 13 Trustee)


            Docket 32

            Party Information

            Debtor(s):

            Melvin T. Marks Represented By Natalie A Alvarado

            Joint Debtor(s):

            Maria Popeonas Represented By Natalie A Alvarado

            Trustee(s):

            Rod Danielson (TR) Pro Se

            2:00 PM

            6:10-49556

            Ronald Edward Orantes and Laura Mier Orantes

            Chapter 11

            #10.00 Debtors' Application For Entry of Discharge EH     

            (Tele. appr. Javier Castillo, rep. Debtors)

            Docket 350


            Tentative Ruling:

            Hearing: 11/3/2020


            Service: Proper Opposition: None


            BACKGROUND:


            Ronald and Laura Orantes ("Debtors") filed a chapter 11 voluntary petition on December 9, 2010. The Court entered the order confirming Debtors’ seventh amended chapter 11 plan (the "Plan") on January 21, 2014. On October 7, 2014, the Court entered a final decree and closed the case pursuant to 11 U.SC. § 350(a).

            Debtors reopened the case on March 25, 2020. Now, in the instant motion, Debtors move for a discharge. With respect to obtaining a discharge, the Plan, in Article VI.A provides that:


            Upon completion of all payment under the Seventh Amended Plan, the Debtors will receive a discharge of all pre-confirmation debts, whether or not the creditor files a proof of claim, accepts the Seventh Amended Plan, or has its claim allowed, except as provided in § 1141 of the Bankruptcy Code. Such discharge will not discharge Debtors from any debts that are non-dischargeable under § 523 of the Bankruptcy Code.


            DISCUSSION:


            11 U.S.C. § 1141(d)(5)(A) guides the Court when granting discharges in chapter 11

            2:00 PM

            CONT...


            Ronald Edward Orantes and Laura Mier Orantes


            Chapter 11

            cases where debtors are individuals:


            1. In a case in which the debtor is an individual--

              1. unless after notice and a hearing the court orders otherwise for cause, confirmation of the plan does not discharge any debt provided for in the plan until the court grants a discharge on completion of all payments under the plan;


        11 U.S.C. § 1141(d)(5)(A) (emphasis added).


        Here, the Plan provides for a discharge upon completion of all plan payments. Debtors submit they have completed all the required payments. On the record before the Court, Debtors have satisfied its payments to the convenience class through a one- time initial payment on July 1, 2014. Debtors have also satisfied its monthly payments to the unsecured creditors by paying 33.34% of their claims pursuant to the Plan requirements.


        Additionally, Debtors paid all secured claims. The only remaining secured debt related to the Plan is the mortgage on Debtors’ Beaumont home. Ocwen was the original creditor secured by the home. Debtors have satisfied the debt as to Ocwen by refinancing the home. They now hold a new mortgage through New American.

        Monthly payments are $1,737.74. Debtors, having no credit cards or vehicle payments, declare they should be able to make these payments from their monthly pension income of $10,970.95. The Court considers this mortgage to be a new debt that has no bearing on Ocwen’s claim. As such, there appears to be no further payments due and owing to any creditors under the Plan.


        TENTATIVE RULING:


        The Court, having reviewed the motion and finding Debtors have satisfied all payments in accordance with the Plan, is inclined to GRANT the motion for entry of discharge pursuant to 11 U.S.C. § 1141(d)(5)(A).


        APPEARANCES REQUIRED.


        Party Information

        2:00 PM

        CONT...

        Debtor(s):


        Ronald Edward Orantes and Laura Mier Orantes


        Chapter 11

        Ronald Edward Orantes Represented By Javier H Castillo

        Joint Debtor(s):

        Laura Mier Orantes Represented By Javier H Castillo

        Movant(s):

        Ronald Edward Orantes Represented By Javier H Castillo

        Laura Mier Orantes Represented By Javier H Castillo

        10:00 AM

        6:20-14487


        David Dean Frederickson and Sheena Lynn Frederickson


        Chapter 7


        #1.00 Reaffirmation Agreement Between Debtor and Nissan Motor Acceptance Corporation, in the amount of $39,713.60, re: 2018 Nissan Maxima


        EH     


        Docket 17


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        David Dean Frederickson Represented By Daniel King

        Joint Debtor(s):

        Sheena Lynn Frederickson Represented By Daniel King

        Trustee(s):

        Larry D Simons (TR) Pro Se

        10:00 AM

        6:20-15204


        Jeremy Stephen Thornton and Ivy Joy Cox-Thornton


        Chapter 7


        #2.00 Reaffirmation Agreement Between Debtor and Altura Credit Union re 2015 Toyota Prius


        Also #3 EH     

        Docket 10


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Jeremy Stephen Thornton Represented By Norma Duenas

        Joint Debtor(s):

        Ivy Joy Cox-Thornton Represented By Norma Duenas

        Trustee(s):

        Robert Whitmore (TR) Pro Se

        10:00 AM

        6:20-15204


        Jeremy Stephen Thornton and Ivy Joy Cox-Thornton


        Chapter 7


        #3.00 Reaffirmation Agreement Between Debtor and Altura Credit Union re 2014 Chevrolet Impala


        Also #2 EH     

        Docket 11


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Jeremy Stephen Thornton Represented By Norma Duenas

        Joint Debtor(s):

        Ivy Joy Cox-Thornton Represented By Norma Duenas

        Trustee(s):

        Robert Whitmore (TR) Pro Se

        10:00 AM

        6:20-15353


        Alonso A. Garcia and Debra L. Garcia


        Chapter 7


        #4.00 Reaffirmation Agreement Between Debtor and American Honda Finance Corporation, in the amount of $15,404.40 re: 2017 Honda Accord


        EH     


        (Tele. appr. Alonso Garcia, Debtor)


        Docket 9


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Alonso A. Garcia Represented By

        James D. Hornbuckle

        Joint Debtor(s):

        Debra L. Garcia Represented By

        James D. Hornbuckle

        Trustee(s):

        Karl T Anderson (TR) Pro Se

        10:00 AM

        6:20-15716


        Jorge Arturo Martinez


        Chapter 7


        #5.00 Reaffirmation Agreement Between Alaska USA Federal Credit Union and Debtor, in the amount of $10,096.90, re: 2014 Ford Mustang


        EH     


        (Tele. appr. Jorge Martinez, Debtor)


        Docket 13


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Jorge Arturo Martinez Pro Se

        Trustee(s):

        Charles W Daff (TR) Pro Se

        11:00 AM

        6:17-10724


        Bausman and Company Incorporated


        Chapter 7


        #6.00 Notice of Trustee's Final report and applications for compensation EH     

        Docket 226


        Tentative Ruling:

        11/4/2020

        No opposition has been filed. Service was Proper.


        The applications for compensation of the Trustee, Counsel for the Trustee, and Accountant for Trustee have been set for hearing on the notice required by LBR 2016-1. Pursuant to the Trustee's Final Report and the applications of the associated professionals, the Court is inclined to APPROVE the following administrative expenses:


        Trustee Fees: $ 13,017.07 Trustee Expenses: $ 0.00


        Attorney Fees: $ 45,000.00 Attorney Costs: $ 5,952.34


        Accountant Fees: $3,696.00 Accountant Costs: $332.40


        Franchise Tax Board: $2,608.28, pursuant to Claim 60 Court Costs: $1,050

        Regarding the remaining distribution of funds, the Court notes two issues with the proposed distribution. First, noting that 11 U.S.C. § 726(b) subordinates the payment of administrative expenses incurred in a previous chapter to administrative expenses incurred during the pendency of the Chapter 7 case, it is unclear why the United States

        11:00 AM

        CONT...


        Bausman and Company Incorporated


        Chapter 7

        Trustee fees are being paid as a Chapter 7 administrative expense rather than a Chapter 11 administrative expense. Second, the Court notes that for many of the claims that are being paid as a Chapter 11 administrative expense, the proof of claim filed by the claimant states that the claim is not entitled to priority. It is unclear why Trustee would unilaterally change that designation to pay the claim as a priority claim rather than pay the claims in accordance with the treatment identified on the proof of claim (and pursuant to the applicable statutory scheme).


        APPEARANCES REQUIRED.

        Party Information

        Debtor(s):

        Bausman and Company Incorporated Represented By

        William A Smelko

        Trustee(s):

        Robert Whitmore (TR) Represented By

        Best Best & Krieger Caroline Djang

        11:00 AM

        6:20-11302


        RJL Sports Protection Inc.


        Chapter 7


        #7.00 Trustee's motion for order compelling turnover of documents of the estate EH     

        (Tele. appr. Brandon Iskander, rep. trustee, Charles Daff)


        Docket 23

        Tentative Ruling:

        11/4/2020

        BACKGROUND

        On February 19, 2020, RJL Sports Protection Inc. ("Debtor") filed a Chapter 7 voluntary petition. The meeting of creditors was originally scheduled for March 26, 2020. The meeting of creditors has been continued on six occasions, and is next currently scheduled to be conducted on December 3, 2020. Trustee has employed Shulman Bastian Friedman & Bui LLP ("Counsel") as counsel pursuant to order entered June 16, 2020.

        On October 14, 2020, Trustee filed a motion for an order compelling turnover of documents of the estate. Trustee asserts that repeated attempts to contact Debtor’s counsel were made starting in May 2020, but Trustee did not receive any response until September 3, 2020. On September 3, 2020, Debtor’s counsel of record, Kevin Liu, informed Trustee that he had been suspended from the practice of law and Trustee should contact Frank Hwu instead. Trustee asserts that Frank Hwu has not responded to any of Trustee’s e-mails or calls. Pursuant to the instant motion, Trustee requests the turnover of a variety of documents related to Debtor’s financial situation.

        11:00 AM

        CONT...

        RJL Sports Protection Inc.

        Chapter 7

        DISCUSSION


        11 U.S.C. § 521(a)(3) provides that the debtor shall "cooperate with the trustee as necessary to enable the trustee to perform the trustee’s duties under this title." 11

        U.S.C. § 521(a)(4) provides that the debtor shall "surrender to the trustee all property of the estate and any recorded information, including books, documents, records, and papers, relating to property of the estate."


        "‘Cooperate’ is a broad term, indeed, and must be construed that whenever the trustee calls upon the debtor for assistance in the performance of his duties, the debtor is required to respond, at least if the request is not unreasonable." In re Cambridge Analytica, 596 B.R. 1, 8 (Bankr. S.D.N.Y. 2019). "It is well settled that a trustee should not be required to drag information from a reluctant and uncooperative debtor. Because of the extraordinary relief offered under the Bankruptcy Code[,] delay and avoidance tactics are inconsistent with, and offensive to, its purpose and spirit." In re Royce Homes, LP, 2009 WL 3052439 at *1 (Bankr. S.D. Tex. 2009).


        Here, Trustee has provided adequate evidence establishing that Debtor has failed to cooperate with its duties under the Code. Additionally, the Court notes that service of the motion and notice of the hearing appear proper, and the Court deems Debtor’s failure to oppose to be consent to the relief requested under Local Rule 9013-1(h).


        Tentative Ruling



        The Court is inclined to GRANT the motion, ordering Debtor to comply with Trustee’s requests for turnover of documents outlined in the motion.


        APPEARANCES REQUIRED.

        11:00 AM

        CONT...


        Debtor(s):


        RJL Sports Protection Inc.

        Party Information


        Chapter 7

        RJL Sports Protection Inc. Represented By

        Kevin Liu - SUSPENDED -

        Movant(s):

        Charles W Daff (TR) Represented By Brandon J Iskander

        Trustee(s):

        Charles W Daff (TR) Represented By Brandon J Iskander

        2:00 PM

        6:17-18617


        Christy Carmen Hammond


        Chapter 7

        Adv#: 6:19-01144 Whitmore v. Hammond


        #8.00 CONT Status Conference RE: [1] Adversary case 6:19-ap-01144. Complaint by Robert S. Whitmore against Kenneth Hammond. (Charge To Estate) $350.00 (Attachments: # 1 Adversary Proceeding Cover Sheet # 2 Unexecuted Summons) Nature of Suit: (11 (Recovery of money/property - 542 turnover of property)),(31 (Approval of sale of property of estate and of a co-owner - 363(h))),(91 (Declaratory judgment))

        HOLDING DATE


        From: 12/18/19, 5/20/20, 9/9/20 EH         

        Docket 1

        *** VACATED *** REASON: CONTINUED TO 12/2/20 AT 2:00 PM

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Christy Carmen Hammond Represented By Eric C Morris

        Defendant(s):

        Kenneth Hammond Pro Se

        Plaintiff(s):

        Robert S. Whitmore Represented By Douglas A Plazak

        Trustee(s):

        Robert Whitmore (TR) Represented By Douglas A Plazak

        2:00 PM

        6:17-18617


        Christy Carmen Hammond


        Chapter 7


        #9.00 CONT Motion for Order Compelling Debtor to Vacate and Turnover Real Property

        HOLDING DATE


        From: 11/13/19, 12/18/19, 5/20/20, 9/9/20


        Also # EH         

        Docket 40

        *** VACATED *** REASON: CONTINUED TO 12/2/20 AT 2:00 P.M.

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Christy Carmen Hammond Represented By Eric C Morris

        Movant(s):

        Robert Whitmore (TR) Represented By Douglas A Plazak

        Trustee(s):

        Robert Whitmore (TR) Represented By Douglas A Plazak

        2:00 PM

        6:17-18617


        Christy Carmen Hammond


        Chapter 7


        #10.00 CONT Motion to Disallow Homestead Exemption

        HOLDING DATE


        From: 12/18/19, 5/20/20, 9/9/20 Also #

        EH     


        Docket 49

        *** VACATED *** REASON: CONTINUED TO 12/2/20 AT 2:00 P.M.

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Christy Carmen Hammond Represented By Eric C Morris

        Movant(s):

        Robert Whitmore (TR) Represented By Douglas A Plazak

        Trustee(s):

        Robert Whitmore (TR) Represented By Douglas A Plazak

        2:00 PM

        6:18-10939


        Vance Zachary Johnson


        Chapter 7

        Adv#: 6:18-01100 Zamucen & Curren LLP v. Johnson


        #11.00 CONT Status Conference RE: [1] Adversary case 6:18-ap-01100. Complaint by Zamucen & Curren LLP against Vance Zachary Johnson . (d),(e)))


        From: 7/31/18, 10/3/18, 1/9/19, 1/30/19, 2/27/19, 7/3/19, 7/17/19, 10/16/19,

        3/4/20


        EH     


        (Tele. appr. Robert Goe, rep. Defendant) (Tele. appr. Patricia Grace, rep. Plaintiff)

        Docket 1


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Vance Zachary Johnson Represented By Robert P Goe

        Defendant(s):

        Vance Zachary Johnson Represented By Robert P Goe Stephen Reider

        Plaintiff(s):

        Zamucen & Curren LLP Represented By Patricia J Grace

        Trustee(s):

        Todd A. Frealy (TR) Represented By

        2:00 PM

        CONT...


        Vance Zachary Johnson


        Monica Y Kim


        Chapter 7

        2:00 PM

        6:20-12197


        Russell Ray Bomar, Jr.


        Chapter 7

        Adv#: 6:20-01151 Chaffey Federal Credit Union v. Bomar, Jr.


        #12.00 Status Conference RE: [1] Adversary case 6:20-ap-01151. Complaint by Chaffey Federal Credit Union against Russell Ray Bomar Jr.. false pretenses, false representation, actual fraud)) (Simon, A. Lysa)


        EH     


        Docket 1


        Tentative Ruling:

        - NONE LISTED -


        Debtor(s):


        Party Information

        Russell Ray Bomar Jr. Represented By Neil R Hedtke

        Defendant(s):

        Russell Ray Bomar Jr. Represented By

        A. Lysa Simon

        Plaintiff(s):

        Chaffey Federal Credit Union Represented By

        A. Lysa Simon

        Trustee(s):

        Karl T Anderson (TR) Pro Se

        11:00 AM

        6:18-20236


        Carlos Rizo and Desiree Santistevan


        Chapter 13


        #1.00 CONT. Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to modify plan or suspend plan payments


        From 10/15/20 EH     

        Docket 42

        Party Information

        Debtor(s):

        Carlos Rizo Represented By

        Erika Luna

        Joint Debtor(s):

        Desiree Santistevan Represented By Erika Luna

        Movant(s):

        Rod Danielson (TR) Pro Se

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-18289


        Zackery B. Ogletree and Danielle Police


        Chapter 13


        #2.00 CONT. Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to modify plan or suspend plan payments


        From 10/15/20 EH     

        Docket 32

        Party Information

        Debtor(s):

        Zackery B. Ogletree Represented By

        James D. Hornbuckle

        Joint Debtor(s):

        Danielle Police Represented By

        James D. Hornbuckle

        Movant(s):

        Rod Danielson (TR) Pro Se

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:19-19092


        Hakim M. Iscandari and Christine E. Allen


        Chapter 13


        #3.00 Debtors' Motion to vacate dismissal of chapter 13 case EH     

        Docket 109

        Party Information

        Debtor(s):

        Hakim M. Iscandari Represented By Christopher J Langley Michael Smith

        Joint Debtor(s):

        Christine E. Allen Represented By Christopher J Langley Michael Smith

        Movant(s):

        Hakim M. Iscandari Represented By Christopher J Langley Michael Smith

        Christine E. Allen Represented By Christopher J Langley Christopher J Langley Michael Smith Michael Smith

        Trustee(s):

        Rod Danielson (TR) Pro Se


        Thursday, November 5, 2020 Hearing Room


        11:00 AM

        6:20-15440


        Tushar Anthony Jansen and Mary Frances Jansen


        Chapter 13


        #4.00 Confirmation of Chapter 13 Plan EH     

        Docket 0


        Party Information

        Debtor(s):

        Tushar Anthony Jansen Pro Se

        Joint Debtor(s):

        Mary Frances Jansen Pro Se

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:20-15463


        Gertrude Baronda Cebrian


        Chapter 13


        #5.00 Confirmation of Chapter 13 Plan EH     

        Docket 0

        *** VACATED *** REASON: ORDER DISMISSING CASE ENTERED ON 9/24/20


        Party Information

        Debtor(s):

        Gertrude Baronda Cebrian Represented By Daniel King

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:20-15549


        Russell Eugene Franzen, II


        Chapter 13


        #6.00 Confirmation of Chapter 13 Plan EH     

        Docket 0


        Party Information

        Debtor(s):

        Russell Eugene Franzen II Represented By Sara E Razavi

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:20-15567


        Jason Wood and Janella Wood


        Chapter 13


        #7.00 Confirmation of Chapter 13 Plan EH     

        Docket 0


        Party Information

        Debtor(s):

        Jason Wood Represented By

        Natalie A Alvarado

        Joint Debtor(s):

        Janella Wood Represented By Natalie A Alvarado

        Trustee(s):

        Rod Danielson (TR) Pro Se


        Thursday, November 5, 2020 Hearing Room


        11:00 AM

        6:20-15650


        Juvencio O Ruiz Ortega


        Chapter 13


        #8.00 Confirmation of Chapter 13 Plan EH     

        Docket 0


        Party Information

        Debtor(s):

        Juvencio O Ruiz Ortega Represented By Paul Y Lee

        Trustee(s):

        Rod Danielson (TR) Pro Se


        Thursday, November 5, 2020

        Hearing Room

        303


        11:00 AM

        6:20-15666


        Vincent H. Vogt


        Chapter 13


        #9.00 Confirmation of Chapter 13 Plan EH     

        Docket 0


        Party Information

        Debtor(s):

        Vincent H. Vogt Represented By

        W. Derek May

        Trustee(s):

        Rod Danielson (TR) Pro Se


        Thursday, November 5, 2020 Hearing Room


        11:00 AM

        6:20-15345


        Bryan C. Young and Jaimie L. Young


        Chapter 13


        #9.10 CONT. Confirmation of Chapter 13 Plan From: 10/29/20

        EH     


        Docket 0


        Party Information

        Debtor(s):

        Bryan C. Young Represented By Paul Y Lee

        Joint Debtor(s):

        Jaimie L. Young Represented By Paul Y Lee

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:16-21236


        Ronald A Waters and Trisha Waters


        Chapter 13


        #10.00 Trustee's Motion to Dismiss Case EH     

        Docket 115

        Party Information

        Debtor(s):

        Ronald A Waters Represented By Paul Y Lee

        Joint Debtor(s):

        Trisha Waters Represented By Paul Y Lee

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:19-12090

        Gilbert Soto and Nancy Soto

        Chapter 13

        #11.00 CONT. Trustee's Motion to Dismiss Case From: 10/29/20

        EH     

        Docket 44

        Party Information

        Debtor(s):

        Gilbert Soto Represented By

        Terrence Fantauzzi

        Joint Debtor(s):

        Nancy Soto Represented By

        Terrence Fantauzzi

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:18-12579


        Deborah Ann Pardo


        Chapter 7


        #11.00 Trustee's Motion to Dismiss Case EH     

        Docket 53

        *** VACATED *** REASON: CASE CONVERTED TOCHAPTER 7 ON 10/26/20

        Party Information

        Debtor(s):

        Deborah Ann Pardo Represented By Paul Y Lee

        Trustee(s):

        Charles W Daff (TR) Pro Se

        11:01 AM

        6:18-14053

        Wallace Stanton Miles

        Chapter 13

        #12.00 Trustee's Motion to Dismiss Case EH     

        Docket 71

        Party Information

        Debtor(s):

        Wallace Stanton Miles Represented By

        Stuart G Steingraber

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:18-16643

        Jesus N Aguilera

        Chapter 13

        #13.00 Trustee's Motion to Dismiss Case EH     

        Docket 85


        Debtor(s):

        *** VACATED *** REASON: TRUSTEE'S NOTICE OF WITHDRAWAL FILED 10/26/20 (DOC. 91)

        Party Information

        Jesus N Aguilera Represented By Paul Y Lee

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:18-17784


        David John Stoykovich, Jr. and Merlina Lynn Burton


        Chapter 13


        #14.00 Trustee's Motion to Dismiss Case (Delinquency) EH     

        Docket 57


        Debtor(s):

        *** VACATED *** REASON: TRUSTEE'S NOTICE OF WITHDRAWAL FILED 10/26/20 (DOC. 61)

        Party Information

        David John Stoykovich Jr. Represented By Todd L Turoci

        Joint Debtor(s):

        Merlina Lynn Burton Represented By Todd L Turoci

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:19-12676


        Anthony P Mendoza and Lena E Mendoza


        Chapter 13


        #15.00 CONT Trustee's Motion to Dismiss Case From 10/15/20

        EH     


        Docket 68

        Party Information

        Debtor(s):

        Anthony P Mendoza Represented By Paul Y Lee

        Joint Debtor(s):

        Lena E Mendoza Represented By Paul Y Lee

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:19-15291

        Frank A. Rocha, III

        Chapter 13

        #16.00 Trustee's Motion to Dismiss Case EH     

        Docket 31


        Debtor(s):

        *** VACATED *** REASON: NOTICE OF WITHDRAWAL OF MOTION FILED 10/21/20 (DOC 35)

        Party Information

        Frank A. Rocha III Represented By Keith Q Nguyen

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:19-19922


        Angela Clarice Atou


        Chapter 13


        #17.00 Trustee's Motion to Dismiss Case (Delinquency) EH     

        Docket 34

        Party Information

        Debtor(s):

        Angela Clarice Atou Represented By Todd L Turoci

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:19-20882

        Dennis Gene Rankin

        Chapter 13

        #18.00 Trustee's Motion to Dismiss Case EH     

        Docket 47

        Party Information

        Debtor(s):

        Dennis Gene Rankin Represented By Todd L Turoci

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:01 AM

        6:20-10353

        Jamar A Earnest

        Chapter 13

        #19.00 Trustee's Motion to Dismiss Case EH     

        Docket 34

        Party Information

        Debtor(s):

        Jamar A Earnest Represented By Neil R Hedtke

        Trustee(s):

        Rod Danielson (TR) Pro Se

        2:00 PM

        6:03-15174

        Devore Stop A General Partners

        Chapter 7

        Adv#: 6:12-01498 Morschauser v. Continental Capital LLC et al

        #1.00 CONT Defendants' Motion For Summary Judgment From 10/28/20

        EH     

        Docket 364

        Party Information

        Debtor(s):

        Devore Stop A General Partners Represented By

        Arshak Bartoumian - DISBARRED - Newton W Kellam

        Devore Stop Represented By

        Hutchison B Meltzer

        Defendant(s):

        Continental Capital LLC Represented By Cara J Hagan

        Lawrence J Kuhlman Reid A Winthrop

        Stephen Collias Represented By Cara J Hagan

        Lawrence J Kuhlman Reid A Winthrop

        Jesse Bojorquez Represented By Lawrence J Kuhlman

        Autumn D Spaeth ESQ Cara J Hagan

        Reid A Winthrop

        2:00 PM

        CONT...


        Devore Stop A General Partners


        Chapter 7

        American Business Investments Represented By Lawrence J Kuhlman

        Autumn D Spaeth ESQ Cara J Hagan

        Reid A Winthrop

        Mohammed Abdizadeh Pro Se

        Movant(s):

        Continental Capital LLC Represented By Cara J Hagan

        Lawrence J Kuhlman Reid A Winthrop

        Continental Capital LLC Represented By Cara J Hagan

        Continental Capital LLC Represented By Cara J Hagan

        Plaintiff(s):

        William G Morschauser Represented By Hutchison B Meltzer Reid A Winthrop Cara J Hagan

        Trustee(s):

        Arturo Cisneros (TR) Pro Se

        2:00 PM

        6:03-15174


        Devore Stop A General Partners


        Chapter 7

        Adv#: 6:12-01498 Morschauser v. Continental Capital LLC et al


        #2.00 CONT Cross Complainants Motion For Summary Judgment From 10/28/20


        EH     


        Docket 379

        Party Information

        Debtor(s):

        Devore Stop A General Partners Represented By

        Arshak Bartoumian - DISBARRED - Newton W Kellam

        Devore Stop Represented By

        Hutchison B Meltzer

        Defendant(s):

        Continental Capital LLC Represented By Cara J Hagan

        Lawrence J Kuhlman Reid A Winthrop

        Stephen Collias Represented By Cara J Hagan

        Lawrence J Kuhlman Reid A Winthrop

        Jesse Bojorquez Represented By Lawrence J Kuhlman

        Autumn D Spaeth ESQ Cara J Hagan

        Reid A Winthrop

        2:00 PM

        CONT...


        Devore Stop A General Partners


        Chapter 7

        American Business Investments Represented By Lawrence J Kuhlman

        Autumn D Spaeth ESQ Cara J Hagan

        Reid A Winthrop

        Mohammed Abdizadeh Pro Se

        Movant(s):

        Jesse Bojorquez Represented By Lawrence J Kuhlman

        Autumn D Spaeth ESQ Cara J Hagan

        Reid A Winthrop

        Jesse Bojorquez Represented By Lawrence J Kuhlman

        Autumn D Spaeth ESQ

        Jesse Bojorquez Represented By Lawrence J Kuhlman

        Autumn D Spaeth ESQ

        Plaintiff(s):

        William G Morschauser Represented By Hutchison B Meltzer Reid A Winthrop Cara J Hagan

        Trustee(s):

        Arturo Cisneros (TR) Pro Se

        2:00 PM

        6:03-15174


        Devore Stop A General Partners


        Chapter 7

        Adv#: 6:12-01498 Morschauser v. Continental Capital LLC et al


        #3.00 CONT Plaintiffs Motion For Summary Judgment From 10/28/20


        EH     


        Docket 365

        Party Information

        Debtor(s):

        Devore Stop A General Partners Represented By

        Arshak Bartoumian - DISBARRED - Newton W Kellam

        Devore Stop Represented By

        Hutchison B Meltzer

        Defendant(s):

        Continental Capital LLC Represented By Cara J Hagan

        Lawrence J Kuhlman Reid A Winthrop

        Stephen Collias Represented By Cara J Hagan

        Lawrence J Kuhlman Reid A Winthrop

        Jesse Bojorquez Represented By Lawrence J Kuhlman

        Autumn D Spaeth ESQ Cara J Hagan

        Reid A Winthrop

        2:00 PM

        CONT...


        Devore Stop A General Partners


        Chapter 7

        American Business Investments Represented By Lawrence J Kuhlman

        Autumn D Spaeth ESQ Cara J Hagan

        Reid A Winthrop

        Mohammed Abdizadeh Pro Se

        Movant(s):

        William G Morschauser Represented By Hutchison B Meltzer Reid A Winthrop Cara J Hagan

        Plaintiff(s):

        William G Morschauser Represented By Hutchison B Meltzer Reid A Winthrop Cara J Hagan

        Trustee(s):

        Arturo Cisneros (TR) Pro Se

        2:00 PM

        6:03-15174


        Devore Stop A General Partners


        Chapter 7

        Adv#: 6:12-01498 Morschauser v. Continental Capital LLC et al


        #4.00 CONT Status Conference Hearing RE: Complaint by William G Morschauser against Continental Capital LLC , Stephen Collias , Jesse Bojorquez , American Business Investments , Mohammed Abdizadeh


        From: 3/11/15, 5/20/15, 7/29/15, 12/16/15, 2/3/16, 3/16/16, 5/11/16, 8/31/16, 11/2/16, 11/16/16, 3/8/17, 6/7/17, 7/26/17, 9/13/17, 3/12/18, 11/13/19, 12/17/19,

        1/15/20, 2/12/20, 3/11/20, 8/19/20, 10/28/20


        EH         


        Docket 1

        Party Information

        Debtor(s):

        Devore Stop A General Partners Represented By

        Arshak Bartoumian - DISBARRED - Newton W Kellam

        Devore Stop Represented By

        Hutchison B Meltzer

        Defendant(s):

        Continental Capital LLC Represented By Cara J Hagan

        Lawrence J Kuhlman Reid A Winthrop

        Stephen Collias Represented By Cara J Hagan

        Lawrence J Kuhlman Reid A Winthrop

        Jesse Bojorquez Represented By

        2:00 PM

        CONT...


        Devore Stop A General Partners


        Lawrence J Kuhlman Autumn D Spaeth ESQ Cara J Hagan

        Reid A Winthrop


        Chapter 7

        American Business Investments Represented By Lawrence J Kuhlman

        Autumn D Spaeth ESQ Cara J Hagan

        Reid A Winthrop

        Mohammed Abdizadeh Pro Se

        Plaintiff(s):

        William G Morschauser Represented By Hutchison B Meltzer Reid A Winthrop Cara J Hagan

        Trustee(s):

        Arturo Cisneros (TR) Pro Se

        2:00 PM

        6:03-15174


        Devore Stop A General Partners


        Chapter 7

        Adv#: 6:12-01498 Morschauser v. Continental Capital LLC et al


        #5.00 CONT Status Conference RE: [29] Crossclaim/Cross-Complaint for: 1

        conversion; 2 constructive trust; 3 unjust enrichment; 4 an accounting; 5 declaratory relief; and 6 primary and secondary indemnification and contribution by American Business Investments , Jesse Bojorquez against Stephen Collias , Continental Capital LLC


        From: 3/11/15, 5/20/15, 7/29/15, 12/16/15, 2/3/16, 3/16/16, 5/11/16, 8/31/16, 11/2/16, 11/16/16, 3/8/17, 6/7/17, 7/26/17, 9/13/17, 3/12/18, 11/13/19, 12/17/19,

        1/15/20, 2/12/20, 3/11/20, 8/19/20, 10/28/20


        EH     


        Docket 29

        Party Information

        Debtor(s):

        Devore Stop A General Partners Represented By

        Arshak Bartoumian - DISBARRED - Newton W Kellam

        Devore Stop Represented By

        Hutchison B Meltzer

        Defendant(s):

        Continental Capital LLC Represented By Cara J Hagan

        Lawrence J Kuhlman Reid A Winthrop

        Stephen Collias Represented By Cara J Hagan

        Lawrence J Kuhlman Reid A Winthrop

        2:00 PM

        CONT...


        Devore Stop A General Partners


        Chapter 7

        Jesse Bojorquez Represented By Lawrence J Kuhlman

        Autumn D Spaeth ESQ Cara J Hagan

        Reid A Winthrop

        American Business Investments Represented By Lawrence J Kuhlman

        Autumn D Spaeth ESQ Cara J Hagan

        Reid A Winthrop

        Mohammed Abdizadeh Pro Se

        Plaintiff(s):

        William G Morschauser Represented By Hutchison B Meltzer Reid A Winthrop Cara J Hagan

        Trustee(s):

        Arturo Cisneros (TR) Pro Se

        12:00 PM

        6:18-16908


        Visiting Nurse Association of the Inland Counties


        Chapter 11


        #1.00 Committee's Motion for Order extending time to file actions under 11 U.S.C. Section 108 and 546(a)


        EH        


        (Tele. appr. David M. Goodrich, rep. debtor, Visiting Nurse Association)


        (Tele. appr. Fred Neufeld, rep. creditor, Healthsure Management Services, LLC)


        (Tele. appr. David A. Wood, rep. Creditor Committee)


        (Tele. appr. Bruce Gordon, rep. interested party, Bruce Gordon)


        Docket 834

        Party Information

        Debtor(s):

        Visiting Nurse Association of the Represented By

        David M Goodrich Beth Gaschen Jennifer Vicente Ryan W Beall Steven T Gubner Jason B Komorsky

        1:00 PM

        6:15-19432

        Kirk Eugene Frantz and Mary Elizabeth Frantz

        Chapter 13

        #1.10 CONT Trustee's Motion to Dismiss Case From: 8/24/20

        EH        

        Docket 235

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 10/20/20

        Party Information

        Debtor(s):

        Kirk Eugene Frantz Represented By Jenny L Doling

        Joint Debtor(s):

        Mary Elizabeth Frantz Represented By Jenny L Doling

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:16-11877

        Allan Martin Borgen

        Chapter 13

        #2.00 CONT Trustee's Motion to Dismiss Case From: 8/24/20

        EH         

        Docket 86


        Debtor(s):

        *** VACATED *** REASON: TRUSTEE'S WITHDRAWAL OF MOTION FILED 10/21/20 (DOC. 93)

        Party Information

        Allan Martin Borgen Represented By Todd L Turoci

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:16-13404


        Alberto Plascencia and Martina Plascencia


        Chapter 13


        #3.00 CONT Trustee's Motion to Dismiss Case From: 8/24/20

        EH        


        Docket 89

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 11/09/2020

        Party Information

        Debtor(s):

        Alberto Plascencia Represented By Paul Y Lee

        Joint Debtor(s):

        Martina Plascencia Represented By Paul Y Lee

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:16-18182

        Douglas Edward Goodman and Anne Louise Goodman

        Chapter 13

        #4.00 CONT Trustee's Motion to Dismiss Case From: 8/24/20

        EH        

        Docket 138

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 9/30/20

        Party Information

        Debtor(s):

        Douglas Edward Goodman Represented By Edward T Weber

        Joint Debtor(s):

        Anne Louise Goodman Represented By Edward T Weber

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:16-18990

        John D Castro, Jr and Jennifer Manda Castro

        Chapter 13

        #5.00 CONT Trustee's Motion to Dismiss Case From: 8/24/20

        EH        

        (Tele. appr. Joey De Leon, rep. Ch. 13 Trustee)

        Docket 128

        Party Information

        Debtor(s):

        John D Castro Jr Represented By Chris A Mullen

        Joint Debtor(s):

        Jennifer Manda Castro Represented By Chris A Mullen

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:17-11131

        Bruce Howard Ruggles and Ann Marie Ruggles

        Chapter 13

        #6.00 Trustee's Motion to Dismiss Case (Tax Returns/Refunds) EH     

        Docket 195

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 11/10/20

        Party Information

        Debtor(s):

        Bruce Howard Ruggles Represented By John F Brady

        Joint Debtor(s):

        Ann Marie Ruggles Represented By John F Brady

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:17-13165

        Richard Ortiz and Dolores Ortiz

        Chapter 13

        #7.00 CONT Trustee's Motion to Dismiss Case From: 8/24/20

        EH        

        Docket 62

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 11/09/2020

        Party Information

        Debtor(s):

        Richard Ortiz Represented By Elena Steers

        Joint Debtor(s):

        Dolores Ortiz Represented By Elena Steers

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:17-15660

        Guillermina Perez

        Chapter 13

        #8.00 CONT Trustee's Motion to Dismiss Case From: 8/24/20

        EH        

        Docket 69

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 11/09/2020

        Party Information

        Debtor(s):

        Guillermina Perez Represented By Paul Y Lee

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:17-19589

        Rodrigo Fernando Ramirez Guinea

        Chapter 13

        #9.00 CONT Trustee's Motion to Dismiss Case From: 8/24/20

        EH        

        Tele. appr. Joey De Leon, rep. Ch. 13 Trustee)

        Docket 65

        Party Information

        Debtor(s):

        Rodrigo Fernando Ramirez Guinea Represented By

        James G. Beirne

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:17-20177

        Randal Scott Oakley and Christine Ann Oakley

        Chapter 13

        #10.00 CONT Trustee's Motion to Dismiss Case From: 8/24/20

        EH        

        Docket 85

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 11/10/20

        Party Information

        Debtor(s):

        Randal Scott Oakley Represented By Halli B Heston

        Joint Debtor(s):

        Christine Ann Oakley Represented By Halli B Heston

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:17-20240

        Natona Smith and Tameiko Smith

        Chapter 13

        #11.00 CONT Trustee's Motion to Dismiss Case From: 8/24/20

        EH        

        (Tele. appr. Natalie Alvarado, rep. debtor, Natona and Tameiko Smith) Tele. appr. Joey De Leon, rep. Ch. 13 Trustee)

        Docket 52

        Party Information

        Debtor(s):

        Natona Smith Represented By Natalie A Alvarado

        Joint Debtor(s):

        Tameiko Smith Represented By Natalie A Alvarado

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-11416

        Darlene J. Wadler

        Chapter 13

        #12.00 CONT Trustee's Motion to Dismiss Case From: 8/24/20

        EH        

        Docket 52

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 11/09/2020

        Party Information

        Debtor(s):

        Darlene J. Wadler Represented By Michael Jay Berger

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-11924

        Don Gurule and Elaine Gurule

        Chapter 13

        #13.00 CONT Trustee's Motion to Dismiss Case From: 8/24/20

        EH        

        Tele. appr. Joey De Leon, rep. Ch. 13 Trustee)

        Docket 101

        Party Information

        Debtor(s):

        Don Gurule Represented By

        Christopher Hewitt

        Joint Debtor(s):

        Elaine Gurule Represented By Christopher Hewitt

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-13335

        Annabelle M. Vigil

        Chapter 13

        #14.00 CONT Trustee's Motion to Dismiss Case From: 8/24/20

        EH        

        Docket 102

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/26/20

        Party Information

        Debtor(s):

        Annabelle M. Vigil Represented By Christopher J Langley Michael Smith

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-15970

        Incha K Lockhart

        Chapter 13

        #15.00 CONT Trustee's Motion to Dismiss Case From: 8/24/20

        EH        

        Docket 36

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 11/10/20

        Party Information

        Debtor(s):

        Incha K Lockhart Represented By Kevin Tang

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-16503

        Irene Elizabeth Arias

        Chapter 13

        #16.00 CONT Trustee's Motion to Dismiss Case From: 8/24/20

        EH        

        (Tele. appr. Jennifer Tanios, rep. debtor, Irene Arias) Tele. appr. Joey De Leon, rep. Ch. 13 Trustee)

        Docket 57

        Party Information

        Debtor(s):

        Irene Elizabeth Arias Represented By Steven A Alpert

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-16680

        Tanisha S. Santee

        Chapter 13

        #17.00 CONT Trustee's Motion to Dismiss Case From: 8/24/20

        EH        

        Docket 53

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 11/09/2020

        Party Information

        Debtor(s):

        Tanisha S. Santee Represented By Keith Q Nguyen

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-16694

        Cynthia M Gonzalez and Guadalupe Siddiqui

        Chapter 13

        #18.00 CONT Trustee's Motion to Dismiss Case From: 8/24/20

        EH        

        Docket 57

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 11/09/2020

        Party Information

        Debtor(s):

        Cynthia M Gonzalez Represented By Paul Y Lee

        Joint Debtor(s):

        Guadalupe Siddiqui Represented By Paul Y Lee

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-17204

        Justo Ocegueda

        Chapter 13

        #19.00 CONT Trustee's Motion to Dismiss Case From: 8/24/20

        EH        

        Docket 57

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 10/6/20

        Party Information

        Debtor(s):

        Justo Ocegueda Represented By Lionel E Giron

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-17784

        David John Stoykovich, Jr. and Merlina Lynn Burton

        Chapter 13

        #20.00 CONT Trustee's Motion to Dismiss Case From: 8/24/20

        EH        

        Docket 49


        Debtor(s):

        *** VACATED *** REASON: NOTICE OF TRUSTEE'S WITHDRAWAL FILED 10/26/20 (DOC. 62)

        Party Information

        David John Stoykovich Jr. Represented By Todd L Turoci

        Joint Debtor(s):

        Merlina Lynn Burton Represented By Todd L Turoci

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-17946


        Erika Lynn Pruitt


        Chapter 13


        #21.00 CONT Trustee's Motion to Dismiss Case From: 8/24/20

        EH        


        Docket 36

        *** VACATED *** REASON: TRUSTEE'S WITHDRAWAL FILED 9/16/20 (DOC. 50)

        Party Information

        Debtor(s):

        Erika Lynn Pruitt Represented By

        Raj T Wadhwani

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:18-20847

        Erica Raquel Zavaleta

        Chapter 13

        #22.00 CONT Trustee's Motion to Dismiss Case From: 8/24/20

        EH        

        Docket 65

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 11/10/20

        Party Information

        Debtor(s):

        Erica Raquel Zavaleta Represented By William J Smyth Stephen S Smyth

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-10273

        Maisha Lenette Ghant-Elie

        Chapter 13

        #23.00 CONT Trustee's Motion to Dismiss Case From: 8/24/20

        EH        

        Docket 85

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 11/10/20

        Party Information

        Debtor(s):

        Maisha Lenette Ghant-Elie Represented By John F Brady

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-10401

        Gail Nash

        Chapter 13

        #24.00 CONT Trustee's Motion to Dismiss Case From: 8/24/20

        EH        

        Docket 49

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 11/09/20

        Party Information

        Debtor(s):

        Gail Nash Represented By

        Edward T Weber

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-12398

        Jerry Melendrez and Laura Therese Melendrez

        Chapter 13

        #25.00 CONT Trustee's Motion to Dismiss Case From: 8/24/20

        EH        

        Docket 58


        Debtor(s):

        *** VACATED *** REASON: TRUSTEE'S WITHDRAWAL OF MOTION FILED 10/12/20 (DOC. 72)

        Party Information

        Jerry Melendrez Represented By Todd L Turoci

        Joint Debtor(s):

        Laura Therese Melendrez Represented By Todd L Turoci

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-16072


        Sara Rolston


        Chapter 13


        #26.00 CONT Trustee's Motion to Dismiss Case From: 8/24/20

        EH        


        Docket 31

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 11/09/20

        Party Information

        Debtor(s):

        Sara Rolston Represented By

        Paul Y Lee

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-16369

        Jorge Luis Ibarra Carrillo

        Chapter 13

        #27.00 CONT Trustee's Motion to Dismiss Case From: 8/24/20

        EH        

        Docket 46

        Debtor(s):

        *** VACATED *** REASON: CASE DISMISSED 8/27/20

        Party Information

        Jorge Luis Ibarra Carrillo Represented By Matthew D. Resnik

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-16977

        Mark E Harvey

        Chapter 13

        #28.00 CONT Trustee's Motion to Dismiss Case From: 8/24/20

        EH        

        Docket 58

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 11/9/2020

        Party Information

        Debtor(s):

        Mark E Harvey Represented By Paul Y Lee

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-17080

        Cesar Orozco

        Chapter 13

        #29.00 CONT Trustee's Motion to Dismiss Case From: 8/24/20

        EH        

        Docket 44

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 11/9/20

        Party Information

        Debtor(s):

        Cesar Orozco Represented By Paul Y Lee

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-17785

        Harinder Heera

        Chapter 13

        #30.00 CONT Trustee's Motion to Dismiss Case From: 8/24/20

        EH        

        Docket 30

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 11/10/20

        Party Information

        Debtor(s):

        Harinder Heera Represented By Christopher J Langley Michael Smith

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-18361

        Jorge Mercado and Martha Mercado

        Chapter 13

        #31.00 CONT Trustee's Motion to Dismiss Case From: 8/24/20

        EH        

        Docket 52

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 11/09/20

        Party Information

        Debtor(s):

        Jorge Mercado Represented By Paul Y Lee

        Joint Debtor(s):

        Martha Mercado Represented By Paul Y Lee

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-18397

        Mark David Dixon

        Chapter 13

        #32.00 CONT Trustee's Motion to Dismiss Case From: 8/24/20

        EH        

        Tele. appr. Joey De Leon, rep. Ch. 13 Trustee)

        Docket 31

        Party Information

        Debtor(s):

        Mark David Dixon Represented By April E Roberts

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-18761

        Alejandro E. Penaloza and Maria G. Penaloza

        Chapter 13

        #33.00 CONT Trustee's Motion to Dismiss Case From: 8/24/20

        EH        

        Docket 70

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 11/09/2020

        Party Information

        Debtor(s):

        Alejandro E. Penaloza Represented By Sundee M Teeple

        Joint Debtor(s):

        Maria G. Penaloza Represented By Sundee M Teeple

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-19063

        Paul Edward Young, Jr.

        Chapter 13

        #34.00 CONT Trustee's Motion to Dismiss Case From: 8/24/20

        EH        

        Docket 49

        *** VACATED *** REASON: TRUSTEE'S WITHDRAWAL OF MOTION FILED 10/19/20

        Party Information

        Debtor(s):

        Paul Edward Young Jr. Represented By Seema N Sood

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-19092

        Hakim M. Iscandari and Christine E. Allen

        Chapter 13

        #35.00 CONT Trustee's Motion to Dismiss Case From: 8/24/20

        EH        

        Docket 98

        Debtor(s):

        *** VACATED *** REASON: CASE DISMISSED 9/30/20

        Party Information

        Hakim M. Iscandari Represented By Christopher J Langley Michael Smith

        Joint Debtor(s):

        Christine E. Allen Represented By Christopher J Langley Michael Smith

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-19335

        Sandraea La 'Jean Plummer

        Chapter 13

        #36.00 CONT Trustee's Motion to Dismiss Case From: 8/24/20

        EH        

        Docket 47

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 11/16/20

        Party Information

        Debtor(s):

        Sandraea La 'Jean Plummer Represented By Cynthia A Dunning

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-20007

        Chris Dennis and Ami Dennis

        Chapter 13

        #37.00 CONT Trustee's Motion to Dismiss Case From: 9/10/20

        EH     

        Docket 56

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 10/29/20

        Party Information

        Debtor(s):

        Chris Dennis Represented By

        Christopher Hewitt

        Joint Debtor(s):

        Ami Dennis Represented By

        Christopher Hewitt

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-20050


        Jeremiah Schermerhorn


        Chapter 13


        #38.00 CONT Trustee's Motion to Dismiss Case From: 8/24/20

        EH        


        Docket 35

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 11/12/20

        Party Information

        Debtor(s):

        Jeremiah Schermerhorn Represented By Natalie A Alvarado

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-20280

        Michael Brown and Robin Brown

        Chapter 13

        #39.00 CONT Trustee's Motion to Dismiss Case From: 8/24/20

        EH        

        Docket 54

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 11/12/20

        Party Information

        Debtor(s):

        Michael Brown Represented By Kevin Tang

        Joint Debtor(s):

        Robin Brown Represented By

        Kevin Tang

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-20725


        Priscilla Fernandez Richardson


        Chapter 13


        #40.00 CONT Trustee's Motion to Dismiss Case From: 8/24/20

        EH        


        Docket 34

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 11/09/20

        Party Information

        Debtor(s):

        Priscilla Fernandez Richardson Represented By Chris A Mullen

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:19-21226

        Edwin Leonel Barco and Juana De Jesus Marin

        Chapter 13

        #41.00 CONT Trustee's Motion to Dismiss Case From: 8/24/20

        EH        

        Docket 48

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 8/26/20

        Party Information

        Debtor(s):

        Edwin Leonel Barco Represented By Jaime A Cuevas Jr.

        Joint Debtor(s):

        Juana De Jesus Marin Represented By Jaime A Cuevas Jr.

        Trustee(s):

        Rod Danielson (TR) Pro Se

        1:00 PM

        6:20-10705

        Bogar Hernandez and Elvira Landin Hernandez

        Chapter 13

        #42.00 CONT Trustee's Motion to Dismiss Case From: 8/24/20

        EH        

        (Tele. appr. Todd L. Turoci, rep. debtor, Bogar and Elvira Hernandez)

        Docket 27

        *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 11/16/20

        Party Information

        Debtor(s):

        Bogar Hernandez Represented By Todd L Turoci

        Joint Debtor(s):

        Elvira Landin Hernandez Represented By Todd L Turoci

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:20-10675

        Michael D Guffa

        Chapter 13


        #1.00 CONT. Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 29314 Wagon Creek LN, Menifee, CA 92584


        MOVANT: CREDITOR BROKER SOLUTION INC.


        From: 10/13/20 EH     


        Docket 33

        *** VACATED *** REASON: ORDER ENTERED APPROVING STIPULATION FOR ADEQUATE PROTECTION 11/2/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Michael D Guffa Represented By Paul Y Lee

        Movant(s):

        Broker Solutions Inc. dba New Represented By

        Erin M McCartney

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:20-15919


        Humberto Raya


        Chapter 7


        #2.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2020 Ford Explorer, VIN: 1FMSK7DH0LGA28920


        EH     


        (Tele. appr. Sheryl K. Ith, rep creditor Ford Motor Credit Company LLC)


        Docket 10

        Tentative Ruling: 11/17/2020

        Service: Proper Opposition: None


        For the reasons set forth in the motion, the Court is inclined to:


        -GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1) and (2)

        -GRANT waiver of Rule 4001(a)(3) stay

        -GRANT request under ¶ 2

        -DENY alternative request under ¶ 11 as moot


        APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

        Party Information

        Debtor(s):

        Humberto Raya Represented By James P Doan

        Movant(s):

        Ford Motor Credit Company LLC Represented By

        Sheryl K Ith

        11:00 AM

        CONT...

        Trustee(s):


        Humberto Raya


        Chapter 7

        Larry D Simons (TR) Pro Se

        11:00 AM

        6:19-10669


        Michael Anthony Delgado, III


        Chapter 13


        #3.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 9487 Wasco Avenue, Hesperia, California 92345 with Exhibits and Proof of Service


        MOVANT: BANK OF AMERICA, N.A.


        EH     


        Docket 60

        *** VACATED *** REASON: ORDER ENTERED GRANTING MOTION ON 10/29/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Michael Anthony Delgado III Represented By Gary S Saunders

        Movant(s):

        Bank of America, N.A. Represented By Robert P Zahradka Megan E Lees

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:20-16230


        George Stephen Brewer and Constance Josephine Brewer


        Chapter 7


        #4.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2018 Chevrolet Trax, VIN: 3GNCJKSB3JL296440


        MOVANT: ACAR LEASING LTD


        EH     


        (Tele. appr. Sheryl K. Ith, rep creditor GM Financial)


        Docket 11

        Tentative Ruling: 11/17/2020

        Service: Proper Opposition: None


        11 U.S.C. § 365(p)(1) provides: "If a lease of personal property is rejected or not timely assumed by the trustee under subsection (d), the leased property is no longer property of the estate and the stay under section 362(a) is automatically terminated." Here, the deadline to assume the lease with Movant was November 10, 2020, pursuant to § 365(d). The lease not having been assumed, the automatic stay has already terminated as a matter of law. Therefore, the Court is inclined to DENY the motion as moot.


        APPEARANCES REQUIRED.

        Party Information

        Debtor(s):

        George Stephen Brewer Represented By Alexander Pham

        Joint Debtor(s):

        Constance Josephine Brewer Represented By

        11:00 AM

        CONT...


        Movant(s):


        George Stephen Brewer and Constance Josephine Brewer

        Alexander Pham


        Chapter 7

        ACAR Leasing LTD d/b/a GM Represented By Sheryl K Ith

        Trustee(s):

        Lynda T. Bui (TR) Pro Se

        11:00 AM

        6:20-16215


        Ricardo Agustin Chavez and Martha I Granados de Chavez


        Chapter 7


        #5.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2020 Honda Cr-V, VIN: 7FAR W1H5 9LE0 04554


        MOVANT: AMERICAN HONDA FINANCE CORPORATION


        EH     


        (Tele. appr. Vincent F. Frounjian, rep creditor American Honda Finance Corporation)


        Docket 8

        Tentative Ruling: 11/17/2020

        Service: Proper Opposition: None


        For the reasons set forth in the motion, the Court is inclined to:


        -GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1) and (2)

        -GRANT waiver of Rule 4001(a)(3) stay

        -GRANT request under ¶ 2


        APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

        Party Information

        Debtor(s):

        Ricardo Agustin Chavez Represented By Marlin Branstetter

        Joint Debtor(s):

        Martha I Granados de Chavez Represented By

        11:00 AM

        CONT...


        Movant(s):


        Ricardo Agustin Chavez and Martha I Granados de Chavez

        Marlin Branstetter


        Chapter 7

        American Honda Finance Represented By Vincent V Frounjian

        Trustee(s):

        Robert Whitmore (TR) Pro Se

        11:00 AM

        6:19-18397


        Mark David Dixon


        Chapter 13


        #6.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 27603 Genevieve Drive, Sun City, CA 92586


        MOVANT: CALIFORNIA HOUSING FINANCE AGENCY


        EH     


        (Tele. appr. April E. Roberts, rep. debtor Mark Dixon)


        Docket 35

        *** VACATED *** REASON: ORDER ENTERED ON 11/16/20

        Tentative Ruling:

        - NONE LISTED -

        Party Information

        Debtor(s):

        Mark David Dixon Represented By April E Roberts

        Movant(s):

        California Housing Finance Agency Represented By

        Nancy L Lee

        Trustee(s):

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:20-15892


        Elena De Hoyo


        Chapter 7


        #7.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2016 Buick Verano; VIN: 1G4PP5SK1G4124816


        MOVANT: IDAHO CENTRAL CREDIT UNION


        EH     


        Docket 11

        Tentative Ruling: 11/17/2020

        Service: Proper Opposition: None


        For the reasons set forth in the motion, the Court is inclined to:


        -GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1) and (2)

        -GRANT waiver of Rule 4001(a)(3) stay

        -DENY alternative request under ¶ 11 as moot


        APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

        Party Information

        Debtor(s):

        Elena De Hoyo Represented By Paul Y Lee

        Movant(s):

        Idaho Central Credit Union Represented By

        Bruce P. Needleman

        11:00 AM

        CONT...

        Trustee(s):


        Elena De Hoyo


        Chapter 7

        Robert Whitmore (TR) Pro Se

        11:00 AM

        6:20-10033


        Edward Dwayne Lott


        Chapter 13


        #8.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 11512 Bell Tower Drive, Fontana, CA 92337


        MOVANT: NATIONSTAR MORTGAGE LLC .


        EH     


        (Tele. appr. Robert T. Chen, rep, debtor, Edward D. Lott)


        (Tele. appr. Kelly M. Kaufmann, rep creditor Nationstar Mortgage LLC)


        Docket 34

        Tentative Ruling: 11/17/2020

        Service: Proper Opposition: Yes

        Movant to apprise Court of the status of arrears. APPEARANCES REQUIRED.

        Party Information

        Debtor(s):

        Edward Dwayne Lott Represented By

        Raj T Wadhwani

        Movant(s):

        U.S. Bank National Association, not Represented By

        Nancy L Lee

        11:00 AM

        CONT...

        Trustee(s):


        Edward Dwayne Lott


        Chapter 13

        Rod Danielson (TR) Pro Se

        11:00 AM

        6:20-15184


        Alonso Gonzalez Resendiz


        Chapter 7


        #9.00 Notice of motion and motion for relief from automatic stay with supporting declarations ACTION IN NON-BANKRUPTCY FORUM RE: applicable insurance


        MOVANT: JOSHUA WOODS MILLER


        EH     


        (Tele. appr. Jeffrey L. Sklar, rep creditor Joshua Miller)


        Docket 13


        Tentative Ruling:

        11/17/2020


        Service: Proper Opposition: None


        When considering a motion for relief from the automatic stay to pursue a non- bankruptcy action, the Court considers the Curtis factors:


        (1) Whether the relief will result in a partial or complete resolution of the issues; (2) the lack of any connection with or interference with the bankruptcy case; (3) whether the foreign proceeding involves the debtor as fiduciary; (4) 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; (5) whether the debtor’s insurance carrier has assumed full financial responsibility for defending the litigation; (6) whether the action essentially involves third parties, and the debtor functions only as a bailee or conduit for the good or proceeds in question; (7) whether the litigation in another forum would prejudice the interests of other creditors, the creditor’s committee and other interested parties; (8) whether the judgment

        11:00 AM

        CONT...


        Alonso Gonzalez Resendiz

        claim arising from the foreign action is subject to equitable subordination; (9) whether movant’s success in the foreign proceeding would result in a judicial lien avoidable by the debtor under Section 522(f); (10) the interests of judicial economy and the expeditious and economical determination of litigation for the parties; (11) whether the foreign proceedings have progressed to the point where the parties are prepared for trial; and (12) the impact of the stay and the "balance of hurt."


        Chapter 7


        In re Roger, 539 B.R. 837, 844-45 (C.D. Cal. 2015). In Roger, the Court further stated:


        The Ninth Circuit has recognized that the Curtis factors are appropriate, nonexclusive, factors to consider in deciding whether to grant relief from the automatic stay to allow pending litigation to continue in another forum. While the Curtis factors are widely used to determine the existence of cause, not all of the factors are relevant in every case, nor is a court required to give each factor equal weight.

        According to the court in Curtis, the most important factor in determining whether to grant relief from the automatic stay to permit litigation against the debtor in another forum is the effect of such litigation on the administration of the estate. Even slight interference with the administration may be enough to preclude relief in the absence of a commensurate benefit. That said, some cases involving the automatic stay provision do not mention the Curtis factors at all.

        Nevertheless, although the term "cause" is not defined in the Code, courts in the Ninth Circuit have granted relief from stay under § 362(d)

        1. when necessary to permit pending litigation to be concluded in another forum if the non-bankruptcy suit involves multiple parties or is ready for trial.


          Id. at 845 (quotations and citations omitted). As is typically the case, "[t]he record does not indicate that Curtis factors 3, 4, [ ] 6, 8, or 9 are at issue in this case, nor do the parties argue to the contrary." Id.

          11:00 AM

          CONT...


          Alonso Gonzalez Resendiz


          Chapter 7


          Turning to the remaining of the factors, the Court concludes that the majority of the factors weigh in favor of granting Movant relief from the automatic stay. Specifically, while the eleventh factor may weigh against granting relief from stay, because the state court litigation is in its early stages, the remainder of the factors weigh in favor of relief from stay being granted because Movant "seeks recovery only from applicable insurance, if any, and waives any deficiency or other claim against the Debtor or property of the Debtor’s bankruptcy estate." Because Movant has agreed to waive any deficiency claim against Debtor, the continuation of the state court proceedings will not interfere with the administration of the bankruptcy estate or prejudice any creditors. Furthermore, the Court notes that it deems Debtor’s failure to oppose to be consent to the relief requested pursuant to Local Rule 9013-1(h) and 11

          U.S.C. § 362(g)(2).


          Based on the foregoing, the Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1) and GRANT the request under ¶ 2.


          APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

          Party Information

          Debtor(s):

          Alonso Gonzalez Resendiz Represented By Edgar P Lombera

          Movant(s):

          Joshua Woods Miller Represented By Jeffrey L Sklar

          Trustee(s):

          Charles W Daff (TR) Pro Se

          11:00 AM

          6:19-16979


          Flor Aguilar


          Chapter 13


          #10.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 34611 J Street, Barstow, CA 92311


          MOVANT: NATIONS DIRECT MORTGAGE, LLC


          EH     


          (Tele. appr. David L. Chaffin, rep movant Nations Direct Mortgage, LLC) (Tele. appr. Jennifer Tanios, rep debtor Flor Aguilar)

          Docket 62

          Tentative Ruling: 11/17/2020

          Service: Proper Opposition: Yes


          Movant to apprise the Court of the status of arrears. Parties to apprise the Court of the status of adequate protection discussions, if any.


          APPEARANCES REQUIRED.

          Party Information

          Debtor(s):

          Flor Aguilar Represented By

          Rabin J Pournazarian

          Movant(s):

          Nations Direct Mortgage, LLC Represented By Daniel K Fujimoto Caren J Castle

          11:00 AM

          CONT...

          Trustee(s):


          Flor Aguilar


          Chapter 13

          Rod Danielson (TR) Pro Se

          11:00 AM

          6:19-18003


          Ruben Macias and Carmen Macias


          Chapter 13


          #11.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2018 Nissan Frontier, VIN: 1N6A D0ER 4JN7 29555


          MOVANT: MECHANICS BANK


          EH     


          (Tele. appr. Vincent V. Frounjian, rep creditor Mechanics Bank) (Tele. appr. Donna Travis, rep debtor Ruben and Carmen Macias)

          Docket 77

          *** VACATED *** REASON: APO/STIP ENTERED ON 11/16/20

          Tentative Ruling:

          - NONE LISTED -

          Party Information

          Debtor(s):

          Ruben Macias Represented By Dana Travis

          Joint Debtor(s):

          Carmen Macias Represented By Dana Travis

          Movant(s):

          MECHANICS BANK Represented By Vincent V Frounjian

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:00 AM

          6:19-20562


          Emmanuel Pastor and Razel Pastor


          Chapter 13


          #12.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 12930 Cobblestone Lane Moreno Valley, California 92555


          MOVANT: CARRINGTON MORTGAGE SERVICES, INC.


          EH     


          (Tele. appr. Gary S. Sunders, rep debtor Emmanuel and Razel Pastor)


          (Tele. appr. Diana Torres-Brito, rep creditor Carrington Mortgage Services, LLC)


          Docket 45

          Tentative Ruling: 11/17/2020

          Service: Proper Opposition: None


          For the reasons set forth in the motion, the Court is inclined to:


          -GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1)

          -GRANT waiver of Rule 4001(a)(3) stay

          -GRANT requests under ¶¶ 2 and 3


          APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

          Party Information

          Debtor(s):

          Emmanuel Pastor Represented By Gary S Saunders

          11:00 AM

          CONT...


          Emmanuel Pastor and Razel Pastor


          Chapter 13

          Joint Debtor(s):

          Razel Pastor Represented By

          Gary S Saunders

          Movant(s):

          CARRINGTON MORTGAGE Represented By Christopher Giacinto Diana Torres-Brito Julian T Cotton

          Trustee(s):

          Rod Danielson (TR) Pro Se

          11:00 AM

          6:19-19922


          Angela Clarice Atou


          Chapter 13


          #13.00 CONT. Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 11911 Bluff Court, Adelanto, CA 92301


          MOVANT: LAKEVIEW LOAN SERVICING, LLC


          From: 10/27/20 EH     

          (Tele. appr. Gary S. Saunders, rep interested party Michael Anthony Delgado, III)


          Docket 32

          *** VACATED *** REASON: ORDER ENTERED ON 11/12/2020

          Tentative Ruling: Tentative Ruling:

          10/27/2020


          Service: Proper Opposition: None


          11 U.S.C. § 362(c)(3)(A) provides that


          1. if a single or joint case is filed by or against a debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding 1-year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under section 707(b)--

            1. the stay under subsection (a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case;

          11:00 AM

          CONT...


          Angela Clarice Atou


          Chapter 13


          Here, Debtor had a previous Chapter 13 case dismissed on October 18, 2019, less than one year before the instant case was filed on November 10, 2019. Debtor’s motion to continue the automatic stay having been denied pursuant to order entered December 27, 2019, the automatic stay expired on December 10, 2019. Therefore, the automatic stay no longer being in effect, the Court is inclined to DENY the motion as MOOT.


          APPEARANCES REQUIRED.

          Party Information

          Debtor(s):

          Angela Clarice Atou Represented By Todd L Turoci

          Movant(s):

          Lakeview Loan Servicing, LLC, and Represented By

          Christina J Khil

          Trustee(s):

          Rod Danielson (TR) Pro Se

          2:00 PM

          6:18-10155


          Jose De Jesus Hernandez


          Chapter 11


          #14.00 CONT re POST Status Conference re Order (1) Setting Scheduling Hearing And Case Management Conference And (2) Requiring Status Report


          From: 10/23/18, 11/27/18, 1/29/19, 3/5/19, 6/11/19, 8/20/19, 10/29/19, 1/28/20, 2/4/20, 3/31/20, 4/21/20, 8/25/20


          EH     


          Docket 96

          *** VACATED *** REASON: CONTINUED TO 12/15/20 AT 2:00 P.M. BY ORDER ENTERED ON 11/12/20

          Tentative Ruling:

          - NONE LISTED -

          Party Information

          Debtor(s):

          Jose De Jesus Hernandez Represented By

          Eric Bensamochan

          2:00 PM

          6:18-16908


          Visiting Nurse Association of the Inland Counties


          Chapter 11


          #15.00 Application for Compensation Second Interim Application for Allowance of Fees and Costs by Marshack Hays LLP as the Committee of Unsecured Creditor's General Counsel for David Wood, General Counsel, Period: 7/31/2019 to 9/30/2020, Fees: $56,032.50, Expenses: $788.63.


          Also #14,16,17,18


          EH     


          (Tele. appr. David M. Goodrich, rep debtor Visting Nurse Association)


          (Tele. appr. Jason B. Komorsky, rep Special Counsel for debtor, Visiting Nurse Assoc. of the Inland Counties)


          (Tele. appr. Fred Neufeld, rep creditor Health Mangement Services, LLC) (Tele. appr. Cameron Ridley, rep U.S. Trustee's Office)

          (Tele. appr. David A. Wood, rep Creditor Committee)


          Docket 790


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Visiting Nurse Association of the Represented By

          David M Goodrich Beth Gaschen Jennifer Vicente Ryan W Beall Steven T Gubner Jason B Komorsky

          2:00 PM

          CONT...

          Movant(s):


          Visiting Nurse Association of the Inland Counties


          Chapter 11

          Committee of Creditors Holding Represented By

          David Wood Richard A Marshack

          2:00 PM

          6:18-16908


          Visiting Nurse Association of the Inland Counties


          Chapter 11


          #16.00 Motion of Healthsure Management Services, LLC for Order: (A) Allowing Administrative Expense Claim; and (B) Authorizing Debtor to Pay the Claim as and When Due


          Also #14,15,17,18


          EH     


          Docket 780


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Visiting Nurse Association of the Represented By

          David M Goodrich Beth Gaschen Jennifer Vicente Ryan W Beall Steven T Gubner Jason B Komorsky

          Movant(s):

          HealthSure Management Services, Represented By

          Fred Neufeld

          2:00 PM

          6:18-16908


          Visiting Nurse Association of the Inland Counties


          Chapter 11


          #17.00 CONT Order (1) Setting Scheduling Hearing And Case Management Conference And (2) Requiring Status Report


          From: 8/28/18, 9/25/18, 10/30/18, 11/13/18, 12/18/18, 2/26/19, 3/27/19, 5/1/19, 7/30/19, 9/17/19, 11/19/19, 2/4/20, 4/21/20, 9/8/20


          Also #14,15,16,18


          EH     


          Docket 4


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Visiting Nurse Association of the Represented By

          David M Goodrich Beth Gaschen Jennifer Vicente Ryan W Beall Steven T Gubner Jason B Komorsky

          2:00 PM

          6:18-16908


          Visiting Nurse Association of the Inland Counties


          Chapter 11


          #18.00 Confirmation of Chapter 11 Plan


          Also #14,15,16,17


          EH     


          Docket 687


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Visiting Nurse Association of the Represented By

          David M Goodrich Beth Gaschen Jennifer Vicente Ryan W Beall Steven T Gubner Jason B Komorsky

          2:00 PM

          6:18-16908


          Visiting Nurse Association of the Inland Counties


          Chapter 11


          #19.00 Application for Compensation Second Interim Application for Allowance and Payment of Fees and Reimbursement of Expenses of Weiland Golden Goodrich LLP, Counsel for Debtor and Debtor-in- Possession Period: 8/16/2019 to 10/15/2020, Fees: $296,905.00, Expenses: $13,898.59


          Also # 15,16,17,18


          EH     


          Docket 788


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Visiting Nurse Association of the Represented By

          David M Goodrich Beth Gaschen Jennifer Vicente Ryan W Beall Steven T Gubner Jason B Komorsky

          Movant(s):

          Weiland Golden Goodrich LLP Represented By David M Goodrich

          11:00 AM

          6:14-14995


          Rosy Muela Salcido


          Chapter 7


          #1.00 Motion to Avoid Lien Judicial Lien with American Express Bank, FSB, a federal savings bank


          EH     


          (Tele. appr. Jenny Doling, rep. Debtor)


          Docket 14


          Tentative Ruling:

          - NONE LISTED -


          Debtor(s):


          Party Information

          Rosy Muela Salcido Represented By

          Miguel Alexandre Valente Jenny L Doling

          Movant(s):

          Rosy Muela Salcido Represented By

          Miguel Alexandre Valente Jenny L Doling

          Trustee(s):

          Arturo Cisneros (TR) Pro Se

          11:00 AM

          6:18-11944


          Kimberly Ann Gadlin


          Chapter 7


          #2.00 Notice of Trustee's Final Report and Applications for Compensation EH     

          (Tele. appr. John Pringle, chapter 7 trustee)


          Docket 26


          Tentative Ruling:

          11/18/2020


          Service: Proper Opposition: None


          The application for compensation of the Trustee has been set for hearing on the notice required by LBR 2016-1. Pursuant to the Trustee's Final Report, the Court is inclined to APPROVE the following administrative expenses:


          Trustee Fees: $1,162.63 Trustee Expenses: $16.00


          APPEARANCES WAIVED. If written or oral opposition is presented at the hearing, the hearing may be continued. Trustee to lodge order within 7 days.


          Party Information

          Debtor(s):

          Kimberly Ann Gadlin Pro Se

          Trustee(s):

          John P Pringle (TR) Pro Se

          11:00 AM

          6:18-16565


          Connie Lim


          Chapter 7


          #3.00 Notice of Trustee's Final Report and Applications for Compensation EH     

          (Tele. appr. Lynda Bui, chapter 7 trustee)


          Docket 38


          Tentative Ruling:

          11/18/2020


          Service: Proper Opposition: None


          The applications for compensation of the Trustee and Accountant for the Trustee have been set for hearing on the notice required by LBR 2016-1. Pursuant to the Trustee's Final Report and the applications of the associated professionals, the Court is inclined to APPROVE the following administrative expenses:


          Trustee Fees: $3,025 Trustee Expenses: $320.98


          Accountant Fees: $2,872.50 Accountant Costs: $319.50


          APPEARANCES WAIVED. If written or oral opposition is presented at the hearing, the hearing may be continued. Trustee to lodge order within 7 days.

          Party Information

          Debtor(s):

          Connie Lim Represented By

          Daniel King

          Trustee(s):

          Lynda T. Bui (TR) Pro Se

          11:00 AM

          CONT...


          Connie Lim


          Chapter 7

          11:00 AM

          6:20-14960


          Joseph Anthony Perez


          Chapter 7


          #4.00 Trustee's Application for an Order Authorizing Employment of Elite Premier Properties as Real Estate Broker


          EH     


          (Tele. appr. David Akintimoye, rep. Debtor) (Tele. appr. Lynda Bui, chapter 7 trustee)

          (Tele. appr. Brandon Iskander, rep. Lynda Bui, chapter 7 trustee)


          Docket 25

          Tentative Ruling:


          11/18/2020


          Service: Proper Opposition: Debtor


          BACKGROUND



          On July 22, 2020, Joseph Anthony Perez ("Debtor") filed a voluntary petition for chapter 7 relief. In his petition, the Debtor listed his address as 25543 Buckland Lane, Moreno Valley, CA 92553 ("Buckland Property"). On October 6, 2020, the Court takes judicial notice that Debtor filed amended schedules A/B and C valuing his ownership in the Property at $320,000 and claiming an exemption against the Property in the amount of $175,000.


          Trustee intends to attempt to sell the Property at a listing price of $355,000, such proceeds estimated to provide a meaningful distribution to the benefit of creditors. Accordingly, on October 13, 2020, Trustee filed the instant motion ("Employment

          11:00 AM

          CONT...


          Joseph Anthony Perez


          Chapter 7

          Application") seeking Court approval to employ Elite Premier Properties (the "Firm"), specifically Victor Benjamin ("Mr. Benjamin"), the President and Chief Executive Officer of the Firm, as the real estate broker on the basis that he is qualified and disinterested. In support of his qualifications Mr. Benjamin has provided a declaration and a copy of his resume. Mr. Benjamin has approximately 38 years in the real estate industry. He declares he is disinterested because he has no connections with any parties interested in the bankruptcy.


          On October 23, 2020, Debtor filed an opposition to Trustee’s Employment Application on the basis that Trustee had provided insufficient evidence and failed to account that Debtor’s ownership is as a joint tenant with his non-debtor wife. Debtor claimed, inter alia, that Trustee is required to provide a copy of the Firm’s fictious business name ("FBN") on the basis that "it is unprofessional conduct for a licensed professional to use a DBA without obtaining an FBN certificate or permit." Debtor also asserted that the listing agreement has the incorrect end date and is "incomprehensible."

          The Court notes Trustee has addressed this last issue on October 29, 2020 by filing Mr. Benjamin’s supplemental declaration, which included an amended listing agreement to reflect the correct listing end date of January 2021, rather than 2020.


          On November 11, 2020, Trustee filed a reply to Debtor’s opposition, as well as a supplement to its Employment Application requesting to employ Mr. Benjamin to market another property, 1046 West Camile Street, Santa Ana, California 92703, which Debtor had failed to disclose in his schedules. Attached to the supplement is the listing agreement for $545,000, but no other evidence. On November 12, 2020, Debtor filed an objection to Trustee’s supplement.


          DISCUSSION



          In relevant part, 11 U.S.C. §327 provides for Trustee’s employment of professionals:


          (a) Except as otherwise provided in this section, the trustee, with the court's approval, may employ one or more attorneys, accountants,

          11:00 AM

          CONT...


          Joseph Anthony Perez

          appraisers, auctioneers, or other professional persons, that do not hold or represent an interest adverse to the estate, and that are disinterested persons, to represent or assist the trustee in carrying out the trustee's duties under this title.

    3. In a case under chapter 7, 12, or 11 of this title, a person is not disqualified for employment under this section solely because of such person's employment by or representation of a creditor, unless there is objection by another creditor or the United States trustee, in which case the court shall disapprove such employment if there is an actual conflict of interest.


Chapter 7



11 U.S.C. § 327 (emphasis added).


FED. R. BANKR. P. Rule 2014(a) guides the Court in approving employment applications:


An order approving the employment of attorneys, accountants, appraisers, auctioneers, agents, or other professionals pursuant to § 327, § 1103, or § 1114 of the Code shall be made only on application of the trustee or committee. The application shall be filed and, unless the case is a chapter 9 municipality case, a copy of the application shall be transmitted by the applicant to the United States trustee. The application shall state the specific facts showing the necessity for the employment, the name of the person to be employed, the reasons for the selection, the professional services to be rendered, any proposed arrangement for compensation, and, to the best of the applicant’s knowledge, all of the person’s connections with the debtor, creditors, any other party in interest, their respective attorneys and accountants, the United States trustee, or any person employed in the office of the United States trustee. The application shall be accompanied by a verified statement of the person to be employed setting forth the person’s connections with the debtor, creditors, any other party in interest, their respective attorneys and accountants, the United States trustee, or any person employed in the office of the United States trustee.

11:00 AM

CONT...


Joseph Anthony Perez


Chapter 7


Here, Debtor is correct that there is no evidence to support the $355,000 valuation. However, the Court agrees with Trustee that the Buckland Property appears to be community property, and as such the scheduled value of the property in the amount of

$320,000, less the homestead exemption and costs of sale, leaves enough equity for the estate. This is a sufficient basis to approve the Application.


Trustee has provided the listing agreement, which the Court finds is "comprehensible" notwithstanding Debtor’s objection. Mr. Benjamin’s declaration and resume, establish Mr. Benjamin’s qualifications and disinterest. Additionally, regardless of whether a professional must obtain an FBN when operating a DBA, there is no requirement that a realtor submit a FBN certificate as part of the application pursuant to FED. R. BANKR. P. Rule 2014(a).


TENTATIVE RULING



For the foregoing reasons, the Court is inclined to APPROVE the application, authorizing the employment of the Firm and Mr. Benjamin.


APPEARANCES REQUIRED.



Party Information

Debtor(s):

Joseph Anthony Perez Represented By

David A Akintimoye

Movant(s):

Lynda T. Bui (TR) Represented By Brandon J Iskander

Trustee(s):

Lynda T. Bui (TR) Represented By

11:00 AM

CONT...


Joseph Anthony Perez


Brandon J Iskander


Chapter 7

12:00 PM

6:20-17505


Pat Serna


Chapter 7


#4.10 Application for Approval of Fee Waiver EH        

(Tele. appr. Pat Serna, pro se Debtor)


Docket 6


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Pat Serna Pro Se

Movant(s):

Pat Serna Pro Se

Trustee(s):

Arturo Cisneros (TR) Pro Se

2:00 PM

6:13-16964


Narinder Sangha


Chapter 7

Adv#: 6:13-01171 Schrader v. Sangha


#5.00 CONT Pre-Trial Conference RE: [1] Adversary case 6:13-ap-01171. Complaint by Charles Edward Schrader against Narinder Sangha . willful and malicious injury))


From: 4/17/19, 5/22/19, 8/28/19, 11/6/19, 1/29/20, 3/4/20, 4/1/20, 4/22/20, 7/1/20; 9/2/20, 9/9/20


EH     


(Tele. appr. Charles Schrader, rep. Plaintiff)


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Narinder Sangha Represented By Deepalie M Joshi

Defendant(s):

Narinder Sangha Represented By Deepalie M Joshi

Plaintiff(s):

Charles Edward Schrader Pro Se

Trustee(s):

Karl T Anderson (TR) Pro Se

2:00 PM

6:17-20092


Mark Bastorous


Chapter 7

Adv#: 6:20-01073 Pringle v. Yousef


#6.00 CONT Plaintiff's Motion for Default Judgment Against Raafat Yousef Pursuant to Federal Rule of Bankruptcy Rule 7055, and Local Bankruptcy Rule 7055-1


From: 10/14/20 EH     

Also #7


(Tele. appr. Louis Esbin, rep. creditor, Rafap & Mona Gerges) (Tele. appr. David Goodrich, rep. Plaintiff)

Docket 10

Tentative Ruling:

11/18/2020

BACKGROUND

On December 8, 2017, Mark Bastorous & Bernadette Shenouda ("Debtors") filed a Chapter 7 voluntary petition. On May 4, 2018, Trustee employed Weiland Golden Goodrich LLP as counsel for the bankruptcy estate. On December 5, 2019, the Court extended the deadline for Trustee to file avoidance actions until March 6, 2020; that deadline was subsequently extended to May 11, 2020. Dkt. 115. On May 1, 2020, the Court ordered Debtors’ bankruptcy estate to be substantively consolidated with thirty-seven related entities.

On May 11, 2020, Trustee filed a complaint against Raafat Yousef ("Defendant"). Trustee’s complaint contained three causes of action: (1) actually fraudulent transfer;

2:00 PM

CONT...

Mark Bastorous

Chapter 7

  1. constructively fraudulent transfer; and (3) recovery of avoided transfers.


The complaint generally alleges that Debtors perpetrated a Ponzi scheme. Specifically, Debtors induced friends, acquaintances, and members of their church to invest in a real estate flipping investment by representing that their investment would be used in relation to a real estate project. Instead, Debtors operated in a typical Ponzi scheme fashion, using subsequent investments to pay off earlier investments at a profit. Debtors also used some of the funds to pay off their personal and business expenses, and, for other investors, convinced the investor to reinvest the money.


Defendant in this action is one of the investors who received prepetition payments from Debtors. Specifically, Defendant received payments in the aggregate amount of

$196,002.20 from an entity controlled by Debtors, Professional Investment Group LLC ("PIG").


On September 22, 2020, Trustee filed a motion for default judgment against Defendant. The motion for default judgment only requested judgment as to the second and third causes of action in the complaint. On October 14, 2020, the Court continued the hearing for supplemental briefing. On November 4, 2020, Trustee filed the instant amended motion for default judgment, this time only requesting judgment as to the first and third causes of action.


DISCUSSION



  1. Entry of Default


    FED. R. CIV. P. Rule 55 states that "[w]hen a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party’s default." Fed. R. Civ. P. 55(a). Local Rule 7055-1 provides further requirements relating to a motion for entry of default judgment, and those requirements have been substantially satisfied here.

    2:00 PM

    CONT...


    Mark Bastorous


    Chapter 7


  2. Motion for Default Judgment


    1. Proper Service of Summons and Complaint


      FED. R. BANKR. P. Rule 7004(b)(1) states, in part:


      1. ervice may be made within the United States by first class mail postage prepaid as follows:

        1. Upon an individual other than an infant or incompetent, by mailing a copy of the summons and complaint to the individual’s dwelling house or usual place of abode or to the place where the individual regularly conducts a business or profession.


      Here, Defendant was served at 18700 Yorba Linda Blvd., Apt. 97, Yorba Linda, CA 92886-4176. It does not appear there is any information in the record that would establish that this is a proper service address for Defendant, or that would indicate how Trustee determined that the address used was a valid service address for Defendant.


    2. Merits of Plaintiff’s claim



Upon default, the factual allegations of the complaint, except those relating to the amount of damages, will be taken as true. TeleVideo Systems, Inc. v. Heidenthal, 826 F.2d 915, 917 (9th Cir. 1987); see also Almog v. Golden Summit Investors Group, Ltd., 2012 WL 12867972 at *4 (C.D. Cal. 2012) ("When reviewing a motion for default judgment, the Court must accept the well-pleaded allegations of the complaint relating to liability as true.").


Here, the complaint includes three causes of action, although the motion for default judgment only proceeds upon the first and third causes of action. Regarding

2:00 PM

CONT...


Mark Bastorous


Chapter 7

avoidance of fraudulent transfer – actual intent, the first claim for relief cites 11 U.S.C. §§ 544(b), 548(a)(1)(A), 550 and CAL. CIV. CODE § 3439.04(a)(1). CAL. CIV.

CODE § 3439.04(a)(1) provides:


  1. A transfer made or obligation incurred by a debtor is voidable as to a creditor, whether the creditor's claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation as follows:

    1. With actual intent to hinder, delay, or defraud any creditor of the

      debtor


      The court in In Re AFI Holding, Inc. has stated that "the mere existence of a Ponzi scheme is sufficient to establish actual intent under § 548(a)(1) or a state's equivalent to that section." 525 F.3d 700, 703 (9th Cir. 2008) (internal quotations omitted). "Under the actual fraud theory, the receiver may recover the entire amount paid to the winning investor, including amounts which could be considered "return of principal." Donell v. Kowell, 533 F.3d 762, 770 (9th Cir. 2008)


      Here, the payments totaling $196,002.20 are transfers of Debtors’ property, as PIG’s assets were consolidated into the Debtors’ bankruptcy case. The payments occurred in 2014 and 2015 within the four-year period to file the instant action as proscribed by 11 U.S.C. § 546(a). See Dkt. 16, Ex. 2 & 3. Per the general allegations in the complaint, Debtors were running a Ponzi scheme by paying investors fictious profits with funds raised by other investors. As the transfers were made during the alleged Ponzi scheme, there is "actual intent" to hinder, delay, or defraud. Additionally, at the time of the transfers the IRS already held a claim from 2013 against the Debtors. See Dkt. 16, Ex. 1. Accepting these allegations as true, the Court is inclined to find Trustee has established that the payments to Defendant are fraudulent transfers.


      TENTATIVE RULING



      In accordance with the foregoing, the Court is inclined to GRANT the motion for default judgment in favor of the Plaintiff, allowing Trustee to avoid the transfers and

      2:00 PM

      CONT...


      Mark Bastorous


      Chapter 7

      recover them for the benefit of the estate pursuant to 11 U.S.C. § 550.


      APPEARANCES REQUIRED.

      Party Information

      Debtor(s):

      Mark Bastorous Represented By Thomas F Nowland

      Defendant(s):

      Raafat Yousef Pro Se

      Joint Debtor(s):

      Bernadette Shenouda Represented By Thomas F Nowland

      Movant(s):

      John P. Pringle Represented By David M Goodrich

      Plaintiff(s):

      John P. Pringle Represented By David M Goodrich

      Trustee(s):

      John P Pringle (TR) Represented By David M Goodrich Reem J Bello

      2:00 PM

      6:17-20092


      Mark Bastorous


      Chapter 7

      Adv#: 6:20-01073 Pringle v. Yousef


      #7.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01073. Complaint by John P. Pringle against Raafat Yousef. (Charge To Estate - $350.00).

      Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a) (1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


      From: 7/27/20, 9/28/20, 10/14/20 EH     

      Also #6


      (Tele. appr. Louis Esbin, rep. creditor, Rafap & Mona Gerges) (Tele. appr. David Goodrich, rep. Plaintiff)


      Docket 1


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Mark Bastorous Represented By Thomas F Nowland

      Defendant(s):

      Raafat Yousef Pro Se

      2:00 PM

      CONT...


      Mark Bastorous


      Chapter 7

      Joint Debtor(s):

      Bernadette Shenouda Represented By Thomas F Nowland

      Plaintiff(s):

      John P. Pringle Represented By David M Goodrich

      Trustee(s):

      John P Pringle (TR) Represented By David M Goodrich Reem J Bello

      2:00 PM

      6:17-20092


      Mark Bastorous


      Chapter 7

      Adv#: 6:18-01064 Gerges et al v. Bastorous et al


      #8.00 CONT Status Conference: Adversary case 6:18-ap-01064. Complaint by Mona Gerges, Rafet Gerges, St. Mary Properties, LLC against Mark Bastorous, Bernadette Shenouda. 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


      From: 5/9/18, 5/16/18, 7/11/18, 8/22/18, 10/31/18, 11/14/18, 1/30/19, 2/27/19, 6/12/19, 7/10/19, 1/15/20, 4/22/20, 9/30/20


      EH     


      Docket 1


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Mark Bastorous Represented By Thomas F Nowland

      Defendant(s):

      Mark Bastorous Represented By Thomas F Nowland

      Bernadette Shenouda Represented By Thomas F Nowland

      Joint Debtor(s):

      Bernadette Shenouda Represented By Thomas F Nowland

      Plaintiff(s):

      Rafat Gerges Represented By

      2:00 PM

      CONT...


      Mark Bastorous


      Louis J Esbin


      Chapter 7

      St. Mary Properties, LLC Represented By Louis J Esbin

      Mona Gerges Represented By

      Louis J Esbin

      Trustee(s):

      John P Pringle (TR) Represented By David M Goodrich Reem J Bello

      2:00 PM

      6:18-16831


      Young Jin Yoon


      Chapter 7

      Adv#: 6:18-01210 Kim v. Yoon et al


      #9.00 CONT Status Conference RE: [1] Adversary case 6:18-ap-01210. Complaint by Vivian Kim against Young Jin Yoon, Hyunmyung Park, Joshua Park. false pretenses, false representation, actual fraud)),(72 (Injunctive relief - other)),(13 (Recovery of money/property - 548 fraudulent transfer)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)) (Kym, Jiyoung)


      From: 12/12/18, 1/9/19, 7/31/19, 10/16/19, 3/11/20, 7/15/20, 9/14/20, 9/15/20


      Also #10 EH     

      (Tele. appr. Janet Kang, rep. Plaintiff) (Tele. appr. Jiyoon, rep. Defendants)

      Docket 1


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Young Jin Yoon Represented By Ji Yoon Kim

      Defendant(s):

      Young Jin Yoon Represented By Ji Yoon Kim

      Hyun Myung Park Represented By Ji Yoon Kim

      Joshua Park Represented By

      Ji Yoon Kim

      2:00 PM

      CONT...


      Young Jin Yoon


      Chapter 7

      Plaintiff(s):

      Vivian Kim Represented By

      Jiyoung Kym

      Trustee(s):

      Robert Whitmore (TR) Pro Se

      2:00 PM

      6:18-16831


      Young Jin Yoon


      Chapter 7

      Adv#: 6:18-01210 Kim v. Yoon et al


      #10.00 Motion For Summary Judgment Also #9

      EH     


      Docket 47


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Young Jin Yoon Represented By Ji Yoon Kim

      Defendant(s):

      Young Jin Yoon Represented By Ji Yoon Kim

      Hyun Myung Park Represented By Ji Yoon Kim

      Joshua Park Represented By

      Ji Yoon Kim

      Movant(s):

      Vivian Kim Represented By

      Jiyoung Kym Jiyoung Kym

      Vivian Kim Represented By

      Jiyoung Kym

      2:00 PM

      CONT...


      Young Jin Yoon


      Chapter 7

      Plaintiff(s):

      Vivian Kim Represented By

      Jiyoung Kym

      Trustee(s):

      Robert Whitmore (TR) Pro Se

      2:00 PM

      6:19-19387


      Corinne Lara Ramirez


      Chapter 7

      Adv#: 6:20-01006 Eggleston et al v. Ramirez


      #11.00 Motion for Leave to Amend Adversary Complaint EH     

      Also #12 & 13


      (Tele. appr. Scott Talkov, rep. Defendant)


      Docket 57


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Corinne Lara Ramirez Represented By Natalie A Alvarado

      Defendant(s):

      Corinne Lara Ramirez Represented By Scott Talkov

      Movant(s):

      David Eggleston Represented By Tyler H Brown

      Karin Doerr Represented By

      Tyler H Brown

      Richard Alvarado Represented By Tyler H Brown

      Yan Sum Alvarado Represented By Tyler H Brown

      2:00 PM

      CONT...


      Corinne Lara Ramirez


      Chapter 7

      Plaintiff(s):

      David Eggleston Represented By Tyler H Brown

      Karin Doerr Represented By

      Tyler H Brown

      Richard Alvarado Represented By Tyler H Brown

      Yan Sum Alvarado Represented By Tyler H Brown

      Trustee(s):

      Steven M Speier (TR) Pro Se

      2:00 PM

      6:19-19387


      Corinne Lara Ramirez


      Chapter 7

      Adv#: 6:20-01006 Eggleston et al v. Ramirez


      #12.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01006. Complaint by David Eggleston, Karin Doerr, Richard Alvarado, Yan Sum Alvarado against Corinne Lara Ramirez. (d),(e))),(62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)),(68 (Dischargeability - 523(a)(6), willful and malicious injury))


      From 10/7/20, 10/14/20 EH     

      Also #11 & 13


      Docket 1


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Corinne Lara Ramirez Represented By Natalie A Alvarado

      Defendant(s):

      Corinne Lara Ramirez Represented By Scott Talkov

      Plaintiff(s):

      David Eggleston Represented By Tyler H Brown

      Karin Doerr Represented By

      Tyler H Brown

      Richard Alvarado Represented By Tyler H Brown

      2:00 PM

      CONT...


      Corinne Lara Ramirez


      Chapter 7

      Yan Sum Alvarado Represented By Tyler H Brown

      Trustee(s):

      Steven M Speier (TR) Pro Se

      2:00 PM

      6:19-19387


      Corinne Lara Ramirez


      Chapter 7

      Adv#: 6:20-01006 Eggleston et al v. Ramirez


      #13.00 CONT Motion to Dismiss for Failure to State a Claim From 10/7/20

      EH     


      Also #11 & #12


      Docket 39


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Corinne Lara Ramirez Represented By Natalie A Alvarado

      Defendant(s):

      Corinne Lara Ramirez Represented By Scott Talkov

      Movant(s):

      Corinne Lara Ramirez Represented By Scott Talkov

      Plaintiff(s):

      David Eggleston Represented By Tyler H Brown

      Karin Doerr Represented By

      Tyler H Brown

      Richard Alvarado Represented By

      2:00 PM

      CONT...


      Corinne Lara Ramirez


      Tyler H Brown


      Chapter 7

      Yan Sum Alvarado Represented By Tyler H Brown

      Trustee(s):

      Steven M Speier (TR) Pro Se

      2:00 PM

      6:19-19674


      James Dimitri Tsirtsis


      Chapter 7

      Adv#: 6:20-01032 Whitmore v. Tsirtsis et al


      #14.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01032. Complaint by Robert S. Whitmore against James Dimitri Tsirtsis, Pota N. Tsirtsis, Christos Minoudis, Maria Minoudis, Angelo D. Tsirtsis. (Charge To Estate $350.00).

      Nature of Suit: (11 (Recovery of money/property - 542 turnover of property)),(13 (Recovery of money/property - 548 fraudulent transfer))


      *Complaint dismissed as to Defendants Christos Minoudis and Maria Minoudis on 9/22/20, (doc. 26)

      *Complaint dismissed as to Defendant James Dimitri Tsirtsis on 10/30/20, (doc.29)


      From: 5/27/20, 7/1/20 EH     

      (Tele. appr. Michelle Marchisotto, rep. Plaintiff) (Tele. appr. Brad Mokri, rep. Defendants)

      Docket 1


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      James Dimitri Tsirtsis Represented By Donald W Sieveke

      Defendant(s):

      James Dimitri Tsirtsis Represented By Elliott H Stone

      Pota N. Tsirtsis Represented By

      2:00 PM

      CONT...


      James Dimitri Tsirtsis


      Brad A Mokri


      Chapter 7

      Christos Minoudis Represented By Brad A Mokri

      Michelle A Marchisotto

      Maria Minoudis Represented By Brad A Mokri

      Michelle A Marchisotto

      Angelo D. Tsirtsis Represented By Brad A Mokri

      Plaintiff(s):

      Robert S. Whitmore Represented By

      Michelle A Marchisotto

      Trustee(s):

      Robert Whitmore (TR) Represented By

      Michelle A Marchisotto

      2:00 PM

      6:20-12652


      Rosa H. Colon


      Chapter 7

      Adv#: 6:20-01166 Colon v. Mountain Park Condominium Association


      #15.00 CONT. Status Conference RE: [1] Adversary case 6:20-ap-01166. Complaint by Rosa H. Colon against Mountain Park Condominium Association. priority or extent of lien or other interest in property)),(65 (Dischargeability - other)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy)))


      From: 10/28/20 EH     


      Docket 1

      *** VACATED *** REASON: NOTICE OF DISMISSAL FILED 11/16/20

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Rosa H. Colon Represented By Sean H Colon

      Defendant(s):

      Mountain Park Condominium Pro Se

      Plaintiff(s):

      Rosa H. Colon Represented By Sean H Colon

      Trustee(s):

      Lynda T. Bui (TR) Pro Se

      11:00 AM

      6:17-12719


      Fernando Herrera, III


      Chapter 13


      #1.00 Chapter 13 Trustee's Motion to Deny Discharge


      EH     


      Docket 50


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Fernando Herrera III Represented By

      James D. Hornbuckle

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:20-11412


      Miesha T. Johnson


      Chapter 13


      #2.00 Debtor's Motion to vacate dismissal EH     

      Docket 59

      Tentative Ruling: 11/19/2020

      BACKGROUND


      On February 24, 2020, Miesha Johnson ("Debtor") filed a Chapter 13 voluntary petition. On May 29, 2020, Debtor's Chapter 13 plan was confirmed.


      On September 2, 2020, Trustee filed a motion to dismiss for failure to make plan payments. On September 17, 2020, Debtor filed an opposition. At approximately 5:18

      p.m. on October 14, 2020, the day before the hearing on Trustee's motion to dismiss, Debtor filed a declaration stating she made a $7,000 payment on October 9, 2020, and that the payment cleared her bank account on October 13, 2020. The payment not having posted to the Trustee's account by the hearing, the case was dismissed on October 17, 2020.


      On October 20, 2020, Debtor filed a motion to vacate dismissal. On October 22, 2020, Trustee filed comments indicating disapproval of the motion.


      The Court also notes that at the time of dismissal there was a pending motion for relief from stay. Ultimately, Debtor and Freedom Mortgage Corporation entered into an adequate protection agreement that was not approved by the Court because the case had already been dismissed.


      DISCUSSIONS


      Debtor relies on Fed. R. Civ. P. Rule 60(b)(1), incorporated into bankruptcy proceedings by Fed. R. Bankr. P. Rule 9024, which allows for relief from an order

      11:00 AM

      CONT...


      Miesha T. Johnson


      Chapter 13

      based on "mistake, inadvertence, surprise, or excusable neglect." Rule 60(b) relief is extraordinary. Yet, in this court, a request for relief from a Chapter 13 dismissal order has become semi-ordinary.


      Here, Debtor had provided evidence to the Court prior to the hearing indicating that she had attempted to cure the plan delinquency. Therefore, the facts of this case being relatively innocuous, the Court is inclined to vacate the dismissal conditioned on compliance with the Trustee's comments.


      TENTATIVE RULING



      The Court is inclined to GRANT the motion conditioned on compliance with the Trustee’s conditions. Debtor to apprise the Court of whether she is in compliance with the terms of the adequate protection stipulation filed on October 20, 2020 as docket number 61.


      APPEARANCES REQUIRED.


      Party Information

      Debtor(s):

      Miesha T. Johnson Represented By Sundee M Teeple

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:20-12955


      Melvin T. Marks and Maria Popeonas


      Chapter 13


      #3.00 Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to modify plan or suspend plan payments


      EH     


      Docket 29


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Melvin T. Marks Represented By Natalie A Alvarado

      Joint Debtor(s):

      Maria Popeonas Represented By Natalie A Alvarado

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:20-13528


      Christopher Romash


      Chapter 13


      #4.00 CONT Application for Compensation for Andy C Warshaw, Debtor's Attorney, Period: 4/28/2020 to 8/20/2020, Fee: $8,221.50, Expenses: $0.


      From 10/8/20, 10/15/20 EH     


      Docket 27


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Christopher Romash Represented By Andy C Warshaw

      Movant(s):

      Christopher Romash Represented By Andy C Warshaw Andy C Warshaw Andy C Warshaw

      Trustee(s):

      Rod Danielson (TR) Pro Se


      Thursday, November 19, 2020 Hearing Room


      11:00 AM

      6:20-15268


      David Ruiz and Michelle Marie Ruiz


      Chapter 13


      #5.00 CONT. Confirmation of Chapter 13 Plan From: 10/29/20

      EH     


      Docket 0


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      David Ruiz Represented By

      Melissa A Raskey

      Joint Debtor(s):

      Michelle Marie Ruiz Represented By Melissa A Raskey

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:20-15278


      Susan F Fontecha


      Chapter 13


      #6.00 CONT. Confirmation of Chapter 13 Plan From: 10/29/29

      EH     


      Docket 0


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Susan F Fontecha Represented By Paul Y Lee

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:20-15287


      Rebecca R Banuelos


      Chapter 13


      #7.00 Debtor's Motion to Avoid Lien Junior Lien with Household Finance Corp of California Serviced by NewRez


      Also #8 EH     

      Docket 33

      Tentative Ruling: 11/19/2020

      Service: Proper Opposition: None


      The Court, having reviewed the motion, notice appearing proper and no opposition having been filed, is inclined to GRANT the motion, AVOIDING the lien of Household Finance Corporation of California conditioned upon completion of the Chapter 13 plan.


      APPEARANCES REQUIRED.

      Party Information

      Debtor(s):

      Rebecca R Banuelos Represented By Julie J Villalobos

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:20-15287


      Rebecca R Banuelos


      Chapter 13


      #8.00 CONT. Confirmation of Chapter 13 Plan From: 10/29/20

      Also #7 EH     


      Docket 0


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Rebecca R Banuelos Represented By Julie J Villalobos

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:20-15719


      Luz Dumlao Santos


      Chapter 13


      #9.00 Confirmation of Chapter 13 Plan


      Docket 1

      *** VACATED *** REASON: CASE DISMISSED 9/30/20

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Luz Dumlao Santos Represented By Edgar P Lombera

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:20-15731


      Juanna Flordeliza Phillips


      Chapter 13


      #10.00 Confirmation of Chapter 13 Plan


      Docket 0


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Juanna Flordeliza Phillips Represented By Stephen L Burton

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:20-15735


      Peter Pastorelli and Martha Maria Pastorelli


      Chapter 13


      #11.00 Confirmation of Chapter 13 Plan


      Docket 0


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Peter Pastorelli Represented By Benjamin R Heston

      Joint Debtor(s):

      Martha Maria Pastorelli Represented By Benjamin R Heston

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:20-15785


      Jose Rodriguez and Celine Rodriguez


      Chapter 13


      #12.00 Confirmation of Chapter 13 Plan


      Docket 0


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Jose Rodriguez Represented By Andrew Nguyen

      Joint Debtor(s):

      Celine Rodriguez Represented By Andrew Nguyen

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:20-15848


      Nicholas Head


      Chapter 13


      #13.00 Confirmation of Chapter 13 Plan


      Docket 0


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Nicholas Head Represented By Christopher Hewitt

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:20-15850


      Bradlee Berry and Torri Arnett


      Chapter 13


      #14.00 Confirmation of Chapter 13 Plan


      Docket 0


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Bradlee Berry Represented By Christopher Hewitt

      Joint Debtor(s):

      Torri Arnett Represented By

      Christopher Hewitt

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:20-15942


      Jose Daniel Rivas


      Chapter 13


      #15.00 Confirmation of Chapter 13 Plan


      Docket 0


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Jose Daniel Rivas Represented By Christopher Hewitt

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:20-15958


      Fred Sachs


      Chapter 13


      #16.00 Confirmation of Chapter 13 Plan


      Docket 0


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Fred Sachs Represented By

      Krystina T Tran

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:20-15959


      Anna Lisa Macias


      Chapter 13


      #17.00 Confirmation of Chapter 13 Plan


      Docket 0

      *** VACATED *** REASON: CASE DISMISSED 9/18/20

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Anna Lisa Macias Pro Se

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:20-16009


      Lilia Orozco


      Chapter 13


      #18.00 Confirmation of Chapter 13 Plan


      Docket 0


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Lilia Orozco Represented By

      D Justin Harelik

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:20-16018


      Perry A Covello and Tia Lia Covello


      Chapter 13


      #19.00 Confirmation of Chapter 13 Plan


      Docket 0


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Perry A Covello Represented By Gary S Saunders

      Joint Debtor(s):

      Tia Lia Covello Represented By Gary S Saunders

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:20-16072


      Darrell L. Washington


      Chapter 13


      #20.00 Confirmation of Chapter 13 Plan


      Docket 0


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Darrell L. Washington Represented By Gary S Saunders

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:20-16075


      Margarita Barham


      Chapter 13


      #21.00 Confirmation of Chapter 13 Plan


      Docket 0


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Margarita Barham Represented By Christopher Hewitt

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:01 AM

      6:17-10414


      Felipe Morales


      Chapter 13


      #22.00 CONT. Trustee's Motion to Dismiss Case From: 10/29/20

      EH     


      Docket 45


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Felipe Morales Represented By Rebecca Tomilowitz

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:01 AM

      6:17-18507


      Johnny Alcala


      Chapter 13


      #23.00 CONT Trustee's Motion to Dismiss Case/Delinquency From 10/15/20

      EH     


      Docket 96

      *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 10/29/20

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Johnny Alcala Represented By Paul Y Lee

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:01 AM

      6:18-17204


      Justo Ocegueda


      Chapter 13


      #24.00 Trustee's Motion to Dismiss Case EH     

      Docket 65


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Justo Ocegueda Represented By Lionel E Giron

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:01 AM

      6:18-20759


      Elida Soto


      Chapter 13


      #25.00 Trustee's Motion to Dismiss Case EH     

      Docket 58

      *** VACATED *** REASON: NOTICE OF WITHDRAWAL FILED 10/28/20 (DOC. 61)

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Elida Soto Represented By

      William G Cort

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:01 AM

      6:19-11103


      Golda Y Williams


      Chapter 13


      #26.00 Trustee's Motion to Dismiss Case EH     

      Docket 55

      *** VACATED *** REASON: NOTICE OF WITHDRAWAL FILED 10/28/20 (DOC. 58)

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Golda Y Williams Represented By Daniel King

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:01 AM

      6:19-11281


      Nadia Michelle Lipscomb


      Chapter 13


      #27.00 CONT Trustee's Motion to Dismiss Case From 10/15/20, 10/29/20

      EH     


      Docket 68


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Nadia Michelle Lipscomb Represented By Benjamin R Heston

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:01 AM

      6:19-14906


      Dari Kelley


      Chapter 13


      #28.00 Trustee's Motion to Dismiss Case EH     

      Docket 46


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Dari Kelley Represented By

      Sundee M Teeple

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:01 AM

      6:19-15330


      Charles Dennis West


      Chapter 13


      #29.00 Trustee's Motion to Dismiss Case (Delinquent Plan payments) EH     

      Docket 46


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Charles Dennis West Represented By Erika Luna

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:01 AM

      6:19-17274


      Sherry L. Stokes


      Chapter 13


      #30.00 CONT. Trustee's Motion to Dismiss Case From: 10/29/20

      EH     


      Docket 58


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Sherry L. Stokes Represented By Gregory Ashcraft

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:01 AM

      6:19-18990


      Lori Ann Caruthers Collins


      Chapter 13


      #31.00 Trustee's Motion to Dismiss Case EH     

      Docket 32


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Lori Ann Caruthers Collins Represented By

      Ethan Kiwhan Chin

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:01 AM

      6:19-19073


      Mercy Doria


      Chapter 13


      #32.00 CONT. Trustee's Motion to Dismiss Case From: 10/29/20

      EH     


      Docket 65


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Mercy Doria Represented By

      Andrew Nguyen

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:01 AM

      6:20-11786


      Paul Trevino


      Chapter 13


      #33.00 Trustee's Motion to Dismiss Case .


      EH     


      Docket 30

      *** VACATED *** REASON: NOTICE OF WITHDRAWAL FILED 10/28/20

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Paul Trevino Represented By

      Christopher J Langley Michael Smith

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:01 AM

      6:20-11946


      Michelle Cadena Quinn


      Chapter 13


      #34.00 CONT Trustee's Motion to Dismiss Case From 10/15/20

      EH     


      Docket 43


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Michelle Cadena Quinn Represented By Steven A Alpert

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:01 AM

      6:20-12955


      Melvin T. Marks and Maria Popeonas


      Chapter 13


      #35.00 CONT. Trustee's Motion to Dismiss Case From: 10/29/20

      EH     


      Docket 32


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Melvin T. Marks Represented By Natalie A Alvarado

      Joint Debtor(s):

      Maria Popeonas Represented By Natalie A Alvarado

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:01 AM

      6:19-20882


      Dennis Gene Rankin


      Chapter 13


      #36.00 CONT. Trustee's Motion to Dismiss Case From: 11/5/20

      EH     


      Docket 47


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Dennis Gene Rankin Represented By Todd L Turoci

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:01 AM

      6:19-19922


      Angela Clarice Atou


      Chapter 13


      #37.00 CONT. Trustee's Motion to Dismiss Case (Delinquency) From: 11/5/20

      EH     


      Docket 34


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Angela Clarice Atou Represented By Todd L Turoci

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:01 AM

      6:16-21236


      Ronald A Waters and Trisha Waters


      Chapter 13


      #38.00 CONT. Trustee's Motion to Dismiss Case From: 11/5/20

      EH     


      Docket 115

      *** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 11/16/20

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Ronald A Waters Represented By Paul Y Lee

      Joint Debtor(s):

      Trisha Waters Represented By Paul Y Lee

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:18-12727


      Maria Perez


      Chapter 13


      #1.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 909 Zola Circle Las Vegas, Nevada 89145


      MOVANT: U.S. BANK NATIONAL ASSOCIATION


      EH     


      Docket 48


      Debtor(s):

      *** VACATED *** REASON: CONTINUED TO 12/1/20 @ 11:00 A.M. BY ORDER ENTERED ON 10/26/20

      Party Information

      Maria Perez Represented By

      Christopher J Langley Michael Smith

      Movant(s):

      U.S. Bank National Association, as Represented By

      Austin P Nagel

      Trustee(s):

      Rod Danielson (TR) Pro Se

      2:00 PM

      6:17-15816


      Integrated Wealth Management Inc


      Chapter 11

      Adv#: 6:19-01177 Issa v. Pisano


      #2.00 CONT Status Conference RE: [1] Adversary case 6:19-ap-01177. Complaint by

      J. Michael Issa against Anthony Pisano. (13 (Recovery of money/property - 548 fraudulent transfer)) (Ignatuk, Joseph)


      From: 2/25/20, 4/28/20, 6/9/20, 7/21/20, 8/25/20, 9/29/20


      EH     


      Docket 1


      Debtor(s):

      *** VACATED *** REASON: CONTINUED TO 12/1/20 @ 2:00 BY ORDER ENTERED ON 10/26/20

      Party Information

      Integrated Wealth Management Inc Represented By

      Andrew B Levin Robert E Opera Jim D Bauch

      Defendant(s):

      Anthony Pisano Represented By Scott P Schomer

      Plaintiff(s):

      J. Michael Issa Represented By Joseph R Ignatuk

      2:00 PM

      6:18-10155


      Jose De Jesus Hernandez


      Chapter 11


      #3.00 CONT. Debtor's Motion for Entry of Final Decree (Federal Bankruptcy Rule 3022)


      From: 10/13/20 EH            


      Docket 253


      Debtor(s):

      *** VACATED *** REASON: CONTINUED TO 12/1/20 BY ORDER ENTERED ON 10/26/20

      Party Information

      Jose De Jesus Hernandez Represented By

      Eric Bensamochan

      Movant(s):

      Jose De Jesus Hernandez Represented By

      Eric Bensamochan Eric Bensamochan Eric Bensamochan Eric Bensamochan Eric Bensamochan

      2:00 PM

      6:20-15400


      Fasttrak Foods, LLC


      Chapter 11


      #4.00 CONT Order (1) Setting Scheduling Hearing And Case Management Conference And (2) Requiring Status Report


      From: 9/29/20 EH     


      Docket 8


      Debtor(s):

      *** VACATED *** REASON: CONTINUED TO 12/1/20 @ 2:00 P.M. BY ORDER ENTERED 10/26/20

      Party Information

      Fasttrak Foods, LLC Represented By

      Crystle Jane Lindsey James R Selth Daniel J Weintraub

      2:00 PM

      6:13-27344


      Douglas J Roger, MD, Inc., A Professional Corporat


      Chapter 7

      Adv#: 6:15-01308 Revere Financial Corporation v. BWI CONSULTING, LLC et al


      #1.00 CONT Status Conference RE: [1] Adversary case 6:15-ap-01308. Complaint by

      A. Cisneros against BWI CONSULTING, LLC, Black and White, Inc., BLACK AND WHITE BILLING COMPANY, BLACK AND WHITE INK, MEHRAN DEVELOPMENT CORPORATION. (Charge To Estate $350). for Avoidance, Recovery, and Preservation of Preferential and Fraudulent Transfers (with Adversary Proceeding Cover Sheet) Nature of Suit: (12 (Recovery of money/property - 547 preference)),(14 (Recovery of money/property - other))


      From: 1/13/16, 3/23/16, 5/25/16, 7/27/16, 8/31/16, 11/2/16, 2/1/17, 5/3/17, 9/13/17, 12/13/17, 2/14/18, 5/16/18, 6/11/18, 8/22/18, 11/28/18, 2/27/19,

      5/29/19, 8/28/19, 11/20/19, 1/29/20, 5/27/20, 7/29/20, 9/30/20


      EH     


      Docket 1


      Debtor(s):

      *** VACATED *** REASON: CONTINUED TO 12/2/20 @ 2:00 P.M. BY ORDER ENTERED ON 10/26/20

      Party Information

      Douglas J Roger, MD, Inc., A Represented By Summer M Shaw Michael S Kogan George Hanover

      Defendant(s):

      BWI CONSULTING, LLC Pro Se

      Black and White, Inc. Pro Se

      BLACK AND WHITE BILLING Pro Se

      BLACK AND WHITE INK Pro Se

      MEHRAN DEVELOPMENT Pro Se

      2:00 PM

      CONT...


      Douglas J Roger, MD, Inc., A Professional Corporat


      Chapter 7

      Plaintiff(s):

      Revere Financial Corporation Represented By Franklin R Fraley Jr

      Trustee(s):

      Arturo Cisneros (TR) Represented By Chad V Haes

      D Edward Hays Franklin R Fraley Jr

      2:00 PM

      6:13-27344


      Douglas J Roger, MD, Inc., A Professional Corporat


      Chapter 7

      Adv#: 6:15-01307 Revere Financial Corporation v. OIC MEDICAL CORPORATION, a


      #2.00 CONT Status Conference RE: [1] Adversary case 6:15-ap-01307. Complaint by

      A. Cisneros against OIC MEDICAL CORPORATION, a California corporation, LIBERTY ORTHOPEDIC CORPORATION, a California corporation, UNIVERSAL ORTHOPAEDIC GROUP, a California corporation. (Charge To Estate $350). for Avoidance, Recovery, and Preservation of Preferential and Fraudulent Transfers (with Adversary Proceeding Cover Sheet) Nature of Suit: (12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other))


      From: 12/30/15, 2/24/16, 4/13/16, 6/22/16, 8/24/16, 11/2/16, 2/1/17, 3/8/17, 7/12/17, 9/13/17, 11/15/17, 2/14/18, 5/16/18, 7/25/18, 8/22/18, 10/31/18,

      11/14/18, 12/12/18, 12/19/18, 3/27/19, 6/12/19, 7/31/19, Advanced 3/4/20,

      11/20/19, 1/29/20, 5/27/20, 7/29/20, 9/28/20


      EH     


      Docket 1


      Debtor(s):

      *** VACATED *** REASON: CONTINUED TO 12/2/20 @ 2:00 P.M. BY ORDER ENTERED ON 10/26/20

      Party Information

      Douglas J Roger, MD, Inc., A Represented By Summer M Shaw Michael S Kogan George Hanover

      Defendant(s):

      OIC MEDICAL CORPORATION, a Represented By

      Misty A Perry Isaacson

      LIBERTY ORTHOPEDIC Represented By

      Misty Perry Isaacson Misty A Perry Isaacson

      2:00 PM

      CONT...


      Douglas J Roger, MD, Inc., A Professional Corporat


      Chapter 7

      UNIVERSAL ORTHOPAEDIC Represented By

      Misty Perry Isaacson Misty A Perry Isaacson

      Plaintiff(s):

      Revere Financial Corporation Represented By Franklin R Fraley Jr

      Trustee(s):

      Arturo Cisneros (TR) Represented By Chad V Haes

      D Edward Hays Franklin R Fraley Jr

      2:00 PM

      6:13-27611


      Douglas Jay Roger


      Chapter 7

      Adv#: 6:16-01163 Revere Financial Corporation v. Burns


      #3.00 CONT Pre-Trial Conference RE: [1] Adversary case 6:16-ap-01163. Complaint by Revere Financial Corporation against Don C. Burns. (12 (Recovery of money/property - 547 preference)),(11 (Recovery of money/property - 542 turnover of property)),(14 (Recovery of money/property - other)),(91 (Declaratory judgment))(Fraley, Franklin)


      From: 8/31/16, 11/2/16, 1/11/17, 3/8/17, 6/7/17, 8/2/17, 8/23/17, 11/8/17, 1/31/18, 4/25/18, 2/27/18, 6/12/19, 1/29/20, 5/27/20, 9/30/20


      EH     


      Docket 1


      Debtor(s):

      *** VACATED *** REASON: CONTINUED TO 12/2/20 @ 2:00 P.M. BY ORDER ENTERED 10/26/20

      Party Information

      Douglas Jay Roger Represented By Summer M Shaw Marc C Forsythe

      Defendant(s):

      Don Cameron Burns Represented By Don C Burns

      Plaintiff(s):

      Revere Financial Corporation Represented By Franklin R Fraley Jr

      Trustee(s):

      Helen R. Frazer (TR) Represented By Arjun Sivakumar Carmela Pagay

      Franklin R Fraley Jr

      2:00 PM

      CONT...


      Douglas Jay Roger


      Chapter 7

      2:00 PM

      6:13-27611


      Douglas Jay Roger


      Chapter 7

      Adv#: 6:14-01248 Revere Financial Corporation, a California corpora v. Roger, MD


      #4.00 CONT Status Conference RE: Amended Complaint (First) by Revere Financial Corporation and Jerry Wang, as State-Court Appointed Receiver by Franklin R Fraley Jr on behalf of Revere Financial Corporation, a California corporation against Revere Financial Corporation, a California corporation. (Attachments: # 1 Exhibit 1-8)


      From: 4/25/18, 6/13/18, 8/22/18, 10/31/18, 7/31/19, 9/11/19, 11/20/19, 1/29/20, 5/27/20, 7/29/20, 9/30/20


      EH     


      Docket 82


      Debtor(s):

      *** VACATED *** REASON: CONTINUED TO 12/2/20 BY ORDER ENTERED ON 10/26/20

      Party Information

      Douglas Jay Roger Represented By Summer M Shaw Marc C Forsythe

      Defendant(s):

      Douglas J Roger MD Represented By Summer M Shaw Thomas J Eastmond Marc C Forsythe

      Plaintiff(s):

      Revere Financial Corporation, a Represented By Franklin R Fraley Jr

      Jerry Wang Represented By

      Franklin R Fraley Jr Anthony J Napolitano

      2:00 PM

      CONT...

      Trustee(s):


      Douglas Jay Roger


      Chapter 7

      Helen R. Frazer (TR) Represented By Arjun Sivakumar Carmela Pagay

      Franklin R Fraley Jr

      2:00 PM

      6:13-27611


      Douglas Jay Roger


      Chapter 7


      #5.00 CONT Objection to Claim #17 by Revere Financial Corporation

      (Holding date)


      From: 10/1/14, 11/5/14, 12/3/14, 12/15/14, 1/28/15, 4/15/15, 7/22/15, 9/23/15, 10/21/15, 11/18/15, 12/16/15, 1/13/16, 3/2/16, 5/4/16, 6/1/16, 9/28/16, 11/16/16,

      2/1/17, 2/16/17, 5/3/17, 6/14/17, 6/28/17, 9/20/17, 3/21/18, 6/27/18, 12/19/18,

      3/27/19, 5/8/19, 6/12/19, 7/31/19, 1/29/20, 5/27/20, 7/29/20, 9/30/20


      EH        


      Docket 333


      Debtor(s):

      *** VACATED *** REASON: CONTINUED TO 12/2/20 @ 2:00 P.M. BY ORDER ENTERED 10/26/20

      Party Information

      Douglas Jay Roger Represented By Summer M Shaw Marc C Forsythe

      Trustee(s):

      Helen R. Frazer (TR) Represented By Arjun Sivakumar Carmela Pagay

      Franklin R Fraley Jr

      2:00 PM

      6:20-14283


      Donyel Betrice Johnson


      Chapter 7

      Adv#: 6:20-01163 Phillips Chiropractic, Inc. v. Johnson


      #6.00 Status Conference re: Complaint by Phillips Chiropractic, Inc. against Donyel Betrice Johnson . (d),(e))) ,(62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)) ,(68 (Dischargeability - 523(a)(6), willful and malicious injury))


      *Another Summons issued 10/14/20


      EH     


      Docket 1


      Debtor(s):

      *** VACATED *** REASON: CONTINUED TO 12/2/20 @ 2:00 P.M. BY ORDER ENTERED 10/26/20

      Party Information

      Donyel Betrice Johnson Represented By John D Sarai

      Defendant(s):

      Donyel Betrice Johnson Pro Se

      Plaintiff(s):

      Phillips Chiropractic, Inc. Pro Se

      Trustee(s):

      Steven M Speier (TR) Pro Se

      1:00 PM

      6:17-20092


      Mark Bastorous


      Chapter 7

      Adv#: 6:20-01077 Pringle v. Youssef et al


      #1.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01077. Complaint by John P. Pringle against John Maurice Youssef, Sally Yo. (Charge To Estate -

      $350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C.

      §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other))


      From: 7/27/20, 9/28/20 EH     

      Docket 1

      Party Information

      Debtor(s):

      Mark Bastorous Represented By Thomas F Nowland

      Defendant(s):

      John Maurice Youssef Pro Se

      Sally Yo Pro Se

      Joint Debtor(s):

      Bernadette Shenouda Represented By Thomas F Nowland

      Plaintiff(s):

      John P. Pringle Represented By David M Goodrich

      1:00 PM

      CONT...

      Trustee(s):


      Mark Bastorous


      Chapter 7

      John P Pringle (TR) Represented By David M Goodrich Reem J Bello

      1:00 PM

      6:17-20092


      Mark Bastorous


      Chapter 7

      Adv#: 6:20-01078 Pringle v. Peng


      #2.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01078. Complaint by John P. Pringle against Kaiwha Peng. (Charge To Estate - $350.00). Complaint:

      (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other))


      From: 7/27/20, 9/28/20 EH     

      Docket 1

      Party Information

      Debtor(s):

      Mark Bastorous Represented By Thomas F Nowland

      Defendant(s):

      Kaiwha Peng Pro Se

      Joint Debtor(s):

      Bernadette Shenouda Represented By Thomas F Nowland

      Plaintiff(s):

      John P. Pringle Represented By David M Goodrich

      1:00 PM

      CONT...

      Trustee(s):


      Mark Bastorous


      Chapter 7

      John P Pringle (TR) Represented By David M Goodrich Reem J Bello

      1:00 PM

      6:17-20092


      Mark Bastorous


      Chapter 7

      Adv#: 6:20-01080 Pringle v. Rouse


      #3.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01080. Complaint by John P. Pringle against Lana Lee Rouse. (Charge To Estate - $350.00).

      Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a) (1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other))


      From: 7/27/20, 9/28/20 EH     

      Docket 1

      Party Information

      Debtor(s):

      Mark Bastorous Represented By Thomas F Nowland

      Defendant(s):

      Lana Lee Rouse Pro Se

      Joint Debtor(s):

      Bernadette Shenouda Represented By Thomas F Nowland

      Plaintiff(s):

      John P. Pringle Represented By David M Goodrich

      1:00 PM

      CONT...

      Trustee(s):


      Mark Bastorous


      Chapter 7

      John P Pringle (TR) Represented By David M Goodrich Reem J Bello

      1:00 PM

      6:17-20092


      Mark Bastorous


      Chapter 7

      Adv#: 6:20-01082 Pringle v. Wagdy


      #4.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01082. Complaint by John P. Pringle against Magda Wagdy. (Charge To Estate - $350.00).

      Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a) (1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other))


      From: 7/27/20, 9/28/20 EH     

      Docket 1

      Party Information

      Debtor(s):

      Mark Bastorous Represented By Thomas F Nowland

      Defendant(s):

      Magda Wagdy Pro Se

      Joint Debtor(s):

      Bernadette Shenouda Represented By Thomas F Nowland

      Plaintiff(s):

      John P. Pringle Represented By David M Goodrich

      1:00 PM

      CONT...

      Trustee(s):


      Mark Bastorous


      Chapter 7

      John P Pringle (TR) Represented By David M Goodrich Reem J Bello

      1:00 PM

      6:17-20092


      Mark Bastorous


      Chapter 7

      Adv#: 6:20-01085 Pringle v. Khozam


      #5.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01085. Complaint by John P. Pringle against Margaret Khozam. (Charge To Estate - $350.00).

      Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a) (1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other))


      From: 7/27/20, 9/28/20 EH     

      Docket 1

      Party Information

      Debtor(s):

      Mark Bastorous Represented By Thomas F Nowland

      Defendant(s):

      Margaret Khozam Pro Se

      Joint Debtor(s):

      Bernadette Shenouda Represented By Thomas F Nowland

      Plaintiff(s):

      John P. Pringle Represented By David M Goodrich

      1:00 PM

      CONT...

      Trustee(s):


      Mark Bastorous


      Chapter 7

      John P Pringle (TR) Represented By David M Goodrich Reem J Bello

      1:00 PM

      6:17-20092


      Mark Bastorous


      Chapter 7

      Adv#: 6:20-01056 Pringle v. Mettias


      #6.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01056. Complaint by John P. Pringle against Martin Amin Mettias. (Charge To Estate - $350.00).

      Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a) (1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other))


      From: 7/27/20, 9/28/20 EH     

      Docket 1

      Party Information

      Debtor(s):

      Mark Bastorous Represented By Thomas F Nowland

      Defendant(s):

      Martin Amin Mettias Pro Se

      Joint Debtor(s):

      Bernadette Shenouda Represented By Thomas F Nowland

      Plaintiff(s):

      John P. Pringle Represented By David M Goodrich

      1:00 PM

      CONT...

      Trustee(s):


      Mark Bastorous


      Chapter 7

      John P Pringle (TR) Represented By David M Goodrich Reem J Bello

      1:00 PM

      6:17-20092


      Mark Bastorous


      Chapter 7

      Adv#: 6:20-01058 Pringle v. Gendy


      #7.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01058. Complaint by John P. Pringle against Medhat Saad Gendy. (Charge To Estate - $350.00).

      Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a) (1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other))


      From: 7/27/20, 9/28/20 EH     

      Docket 1

      Party Information

      Debtor(s):

      Mark Bastorous Represented By Thomas F Nowland

      Defendant(s):

      Medhat Saad Gendy Pro Se

      Joint Debtor(s):

      Bernadette Shenouda Represented By Thomas F Nowland

      Plaintiff(s):

      John P. Pringle Represented By David M Goodrich

      1:00 PM

      CONT...

      Trustee(s):


      Mark Bastorous


      Chapter 7

      John P Pringle (TR) Represented By David M Goodrich Reem J Bello

      1:00 PM

      6:17-20092


      Mark Bastorous


      Chapter 7

      Adv#: 6:20-01089 Pringle v. Barsoom


      #8.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01089. Complaint by John P. Pringle against Sameh Roshdy Wahba Barsoom. (Charge To Estate -

      $350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C.

      §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


      From: 7/27/20, 9/28/20 EH     

      Docket 1

      Party Information

      Debtor(s):

      Mark Bastorous Represented By Thomas F Nowland

      Defendant(s):

      Sameh Roshdy Wahba Barsoom Pro Se

      Joint Debtor(s):

      Bernadette Shenouda Represented By Thomas F Nowland

      Plaintiff(s):

      John P. Pringle Represented By David M Goodrich

      1:00 PM

      CONT...

      Trustee(s):


      Mark Bastorous


      Chapter 7

      John P Pringle (TR) Represented By David M Goodrich Reem J Bello

      1:00 PM

      6:17-20092


      Mark Bastorous


      Chapter 7

      Adv#: 6:20-01090 Pringle v. Sawires


      #9.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01090. Complaint by John P. Pringle against Sanad Sawires. (Charge To Estate - $350.00).

      Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a) (1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


      From: 7/27/20, 9/28/20 EH     

      Docket 1

      Party Information

      Debtor(s):

      Mark Bastorous Represented By Thomas F Nowland

      Defendant(s):

      Sanad Sawires Pro Se

      Joint Debtor(s):

      Bernadette Shenouda Represented By Thomas F Nowland

      Plaintiff(s):

      John P. Pringle Represented By David M Goodrich

      1:00 PM

      CONT...

      Trustee(s):


      Mark Bastorous


      Chapter 7

      John P Pringle (TR) Represented By David M Goodrich Reem J Bello

      1:00 PM

      6:17-20092


      Mark Bastorous


      Chapter 7

      Adv#: 6:20-01092 Pringle v. Dawoud


      #10.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01092. Complaint by John P. Pringle against Sohir Gendy Gerges Dawoud. (Charge To Estate -

      $350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C.

      §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


      From: 7/27/20, 9/28/20 EH     

      Docket 1

      Party Information

      Debtor(s):

      Mark Bastorous Represented By Thomas F Nowland

      Defendant(s):

      Sohir Gendy Gerges Dawoud Pro Se

      Joint Debtor(s):

      Bernadette Shenouda Represented By Thomas F Nowland

      Plaintiff(s):

      John P. Pringle Represented By David M Goodrich

      1:00 PM

      CONT...

      Trustee(s):


      Mark Bastorous


      Chapter 7

      John P Pringle (TR) Represented By David M Goodrich Reem J Bello

      1:00 PM

      6:17-20092


      Mark Bastorous


      Chapter 7

      Adv#: 6:20-01095 Pringle v. Fannyan


      #11.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01095. Complaint by John P. Pringle against Zahra Fannyan. (Charge To Estate - $350.00).

      Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a) (1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


      From: 7/27/20, 9/28/20 EH     

      Docket 1

      Party Information

      Debtor(s):

      Mark Bastorous Represented By Thomas F Nowland

      Defendant(s):

      Zahra Fannyan Represented By Kaveh Ardalan

      Joint Debtor(s):

      Bernadette Shenouda Represented By Thomas F Nowland

      Plaintiff(s):

      John P. Pringle Represented By David M Goodrich

      1:00 PM

      CONT...

      Trustee(s):


      Mark Bastorous


      Chapter 7

      John P Pringle (TR) Represented By David M Goodrich Reem J Bello

      1:00 PM

      6:17-20092


      Mark Bastorous


      Chapter 7

      Adv#: 6:20-01051 Pringle v. Serour


      #12.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01051. Complaint by John P. Pringle against Aly Serour. (Charge To Estate - $350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich,


      From: 7/27/20, 9/28/20 EH     

      Docket 1

      Party Information

      Debtor(s):

      Mark Bastorous Represented By Thomas F Nowland

      Defendant(s):

      Aly Serour Pro Se

      Joint Debtor(s):

      Bernadette Shenouda Represented By Thomas F Nowland

      Plaintiff(s):

      John P. Pringle Represented By David M Goodrich

      1:00 PM

      CONT...

      Trustee(s):


      Mark Bastorous


      Chapter 7

      John P Pringle (TR) Represented By David M Goodrich Reem J Bello

      1:00 PM

      6:17-20092


      Mark Bastorous


      Chapter 7

      Adv#: 6:20-01052 Pringle v. Saber et al


      #13.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01052. Complaint by John P. Pringle against Am Saber, Yousria Mikhail Guirguis. (Charge To Estate -

      $350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C.

      §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


      From: 7/27/20, 9/28/20 EH     

      Docket 1

      Party Information

      Debtor(s):

      Mark Bastorous Represented By Thomas F Nowland

      Defendant(s):

      Am Saber Pro Se

      Yousria Mikhail Guirguis Pro Se

      Joint Debtor(s):

      Bernadette Shenouda Represented By Thomas F Nowland

      Plaintiff(s):

      John P. Pringle Represented By David M Goodrich

      1:00 PM

      CONT...

      Trustee(s):


      Mark Bastorous


      Chapter 7

      John P Pringle (TR) Represented By David M Goodrich Reem J Bello

      1:00 PM

      6:17-20092


      Mark Bastorous


      Chapter 7

      Adv#: 6:20-01053 Pringle v. Bebawy et al


      #14.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01053. Complaint by John P. Pringle against Amgad Bebawy, Reham Nakhil. (Charge To Estate -

      $350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C.

      §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


      From: 7/27/20, 9/28/20 EH     

      Docket 1

      Party Information

      Debtor(s):

      Mark Bastorous Represented By Thomas F Nowland

      Defendant(s):

      Amgad Bebawy Represented By Michael A Corfield

      Reham Nakhil Represented By Michael A Corfield

      Joint Debtor(s):

      Bernadette Shenouda Represented By Thomas F Nowland

      Plaintiff(s):

      John P. Pringle Represented By

      1:00 PM

      CONT...


      Trustee(s):


      Mark Bastorous


      David M Goodrich


      Chapter 7

      John P Pringle (TR) Represented By David M Goodrich Reem J Bello

      1:00 PM

      6:17-20092


      Mark Bastorous


      Chapter 7

      Adv#: 6:20-01054 Pringle v. ANRUF LLC et al


      #15.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01054. Complaint by John P. Pringle against ANRUF LLC, Nadia Khalil. (Charge To Estate -

      $350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C.

      §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


      From: 7/27/20, 9/28/20 EH     

      Docket 1

      Party Information

      Debtor(s):

      Mark Bastorous Represented By Thomas F Nowland

      Defendant(s):

      ANRUF LLC Represented By

      Andy C Warshaw

      Nadia Khalil Represented By

      Andy C Warshaw

      Joint Debtor(s):

      Bernadette Shenouda Represented By Thomas F Nowland

      Plaintiff(s):

      John P. Pringle Represented By

      1:00 PM

      CONT...


      Trustee(s):


      Mark Bastorous


      David M Goodrich


      Chapter 7

      John P Pringle (TR) Represented By David M Goodrich Reem J Bello

      1:00 PM

      6:17-20092


      Mark Bastorous


      Chapter 7

      Adv#: 6:20-01055 Pringle v. Mena


      #16.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01055. Complaint by John P. Pringle against Antonio Mena. (Charge To Estate - $350.00). Complaint:

      (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


      From: 7/27/20, 9/28/20 EH     

      Docket 1

      Party Information

      Debtor(s):

      Mark Bastorous Represented By Thomas F Nowland

      Defendant(s):

      Antonio Mena Represented By

      Jeffrey Charles Bogert

      Joint Debtor(s):

      Bernadette Shenouda Represented By Thomas F Nowland

      Plaintiff(s):

      John P. Pringle Represented By David M Goodrich

      1:00 PM

      CONT...

      Trustee(s):


      Mark Bastorous


      Chapter 7

      John P Pringle (TR) Represented By David M Goodrich Reem J Bello

      1:00 PM

      6:17-20092


      Mark Bastorous


      Chapter 7

      Adv#: 6:20-01057 Pringle v. Makar


      #17.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01057. Complaint by John P. Pringle against Ayad Makar. (Charge To Estate - $350.00). Complaint:

      (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)

      Alias issued 7/7/20 From: 7/27/20, 9/28/20 EH     

      Docket 1

      Party Information

      Debtor(s):

      Mark Bastorous Represented By Thomas F Nowland

      Defendant(s):

      Ayad Makar Represented By

      Michael A Corfield

      Joint Debtor(s):

      Bernadette Shenouda Represented By Thomas F Nowland

      Plaintiff(s):

      John P. Pringle Represented By David M Goodrich

      1:00 PM

      CONT...

      Trustee(s):


      Mark Bastorous


      Chapter 7

      John P Pringle (TR) Represented By David M Goodrich Reem J Bello

      1:00 PM

      6:17-20092


      Mark Bastorous


      Chapter 7

      Adv#: 6:20-01059 Pringle v. Bishay


      #18.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01059. Complaint by John P. Pringle against Boles Bishay. (Charge To Estate - $350.00). Complaint:

      (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


      From: 7/27/20, 9/28/20 EH     

      Docket 1

      Party Information

      Debtor(s):

      Mark Bastorous Represented By Thomas F Nowland

      Defendant(s):

      Boles Bishay Pro Se

      Joint Debtor(s):

      Bernadette Shenouda Represented By Thomas F Nowland

      Plaintiff(s):

      John P. Pringle Represented By David M Goodrich

      1:00 PM

      CONT...

      Trustee(s):


      Mark Bastorous


      Chapter 7

      John P Pringle (TR) Represented By David M Goodrich Reem J Bello

      1:00 PM

      6:17-20092


      Mark Bastorous


      Chapter 7

      Adv#: 6:20-01060 Pringle v. Portrans


      #19.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01060. Complaint by John P. Pringle against Diamond Portrans. (Charge To Estate - $350.00).

      Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a) (1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


      From: 7/27/20, 9/28/20 EH     

      Docket 1

      Party Information

      Debtor(s):

      Mark Bastorous Represented By Thomas F Nowland

      Defendant(s):

      Diamond Portrans Pro Se

      Joint Debtor(s):

      Bernadette Shenouda Represented By Thomas F Nowland

      Plaintiff(s):

      John P. Pringle Represented By David M Goodrich

      1:00 PM

      CONT...

      Trustee(s):


      Mark Bastorous


      Chapter 7

      John P Pringle (TR) Represented By David M Goodrich Reem J Bello

      1:00 PM

      6:17-20092


      Mark Bastorous


      Chapter 7

      Adv#: 6:20-01061 Pringle v. Mikhael


      #20.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01061. Complaint by John P. Pringle against Medhat Mikhael. (Charge To Estate - $350.00).

      Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a) (1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


      From: 7/27/20, 9/28/20 EH     

      Docket 1

      Party Information

      Debtor(s):

      Mark Bastorous Represented By Thomas F Nowland

      Defendant(s):

      Medhat Mikhael Represented By Michael A Corfield

      Joint Debtor(s):

      Bernadette Shenouda Represented By Thomas F Nowland

      Plaintiff(s):

      John P. Pringle Represented By David M Goodrich

      1:00 PM

      CONT...

      Trustee(s):


      Mark Bastorous


      Chapter 7

      John P Pringle (TR) Represented By David M Goodrich Reem J Bello

      1:00 PM

      6:17-20092


      Mark Bastorous


      Chapter 7

      Adv#: 6:20-01062 Pringle v. Makkar


      #21.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01062. Complaint by John P. Pringle against Louis Makkar. (Charge To Estate - $350.00). Complaint:

      (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


      From: 7/27/20, 9/28/20 EH     

      Docket 1

      Party Information

      Debtor(s):

      Mark Bastorous Represented By Thomas F Nowland

      Defendant(s):

      Louis Makkar Pro Se

      Joint Debtor(s):

      Bernadette Shenouda Represented By Thomas F Nowland

      Plaintiff(s):

      John P. Pringle Represented By David M Goodrich

      1:00 PM

      CONT...

      Trustee(s):


      Mark Bastorous


      Chapter 7

      John P Pringle (TR) Represented By David M Goodrich Reem J Bello

      1:00 PM

      6:17-20092


      Mark Bastorous


      Chapter 7

      Adv#: 6:20-01063 Pringle v. Ghaly


      #22.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01063. Complaint by John P. Pringle against Ramez Ghaly. (Charge To Estate - $350.00). Complaint:

      (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


      From: 9/28/20 EH     

      Docket 1

      Party Information

      Debtor(s):

      Mark Bastorous Represented By Thomas F Nowland

      Defendant(s):

      Ramez Ghaly Pro Se

      Joint Debtor(s):

      Bernadette Shenouda Represented By Thomas F Nowland

      Plaintiff(s):

      John P. Pringle Represented By David M Goodrich

      1:00 PM

      CONT...

      Trustee(s):


      Mark Bastorous


      Chapter 7

      John P Pringle (TR) Represented By David M Goodrich Reem J Bello

      1:00 PM

      6:17-20092


      Mark Bastorous


      Chapter 7

      Adv#: 6:20-01064 Pringle v. Farah


      #23.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01064. Complaint by John P. Pringle against Mina Farah. (Charge To Estate - $350.00). Complaint:

      (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


      From: 7/27/20, 9/28/20 EH     

      Docket 1

      Party Information

      Debtor(s):

      Mark Bastorous Represented By Thomas F Nowland

      Defendant(s):

      Mina Farah Pro Se

      Joint Debtor(s):

      Bernadette Shenouda Represented By Thomas F Nowland

      Plaintiff(s):

      John P. Pringle Represented By David M Goodrich

      1:00 PM

      CONT...

      Trustee(s):


      Mark Bastorous


      Chapter 7

      John P Pringle (TR) Represented By David M Goodrich Reem J Bello

      1:00 PM

      6:17-20092


      Mark Bastorous


      Chapter 7

      Adv#: 6:20-01065 Pringle v. Yassa


      #24.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01065. Complaint by John P. Pringle against Ehap Yassa. (Charge To Estate - $350.00). Complaint:

      (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


      From: 7/27/20, 9/28/20 EH     

      Docket 1

      Party Information

      Debtor(s):

      Mark Bastorous Represented By Thomas F Nowland

      Defendant(s):

      Ehap Yassa Represented By

      Michael A Corfield

      Joint Debtor(s):

      Bernadette Shenouda Represented By Thomas F Nowland

      Plaintiff(s):

      John P. Pringle Represented By David M Goodrich

      1:00 PM

      CONT...

      Trustee(s):


      Mark Bastorous


      Chapter 7

      John P Pringle (TR) Represented By David M Goodrich Reem J Bello

      1:00 PM

      6:17-20092


      Mark Bastorous


      Chapter 7

      Adv#: 6:20-01066 Pringle v. Abdelmessih


      #25.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01066. Complaint by John P. Pringle against Noshi Abdelmessih. (Charge To Estate - $350.00).

      Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a) (1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


      From: 7/27/20, 9/28/20 EH     

      Docket 1

      Party Information

      Debtor(s):

      Mark Bastorous Represented By Thomas F Nowland

      Defendant(s):

      Noshi Abdelmessih Pro Se

      Joint Debtor(s):

      Bernadette Shenouda Represented By Thomas F Nowland

      Plaintiff(s):

      John P. Pringle Represented By David M Goodrich

      1:00 PM

      CONT...

      Trustee(s):


      Mark Bastorous


      Chapter 7

      John P Pringle (TR) Represented By David M Goodrich Reem J Bello

      1:00 PM

      6:17-20092


      Mark Bastorous


      Chapter 7

      Adv#: 6:20-01067 Pringle v. Eskander


      #26.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01067. Complaint by John P. Pringle against Emad Eskander. (Charge To Estate - $350.00).

      Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a) (1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


      From: 7/27/20, 9/28/20 EH     

      Docket 1

      Party Information

      Debtor(s):

      Mark Bastorous Represented By Thomas F Nowland

      Defendant(s):

      Emad Eskander Represented By Michael A Corfield

      Joint Debtor(s):

      Bernadette Shenouda Represented By Thomas F Nowland

      Plaintiff(s):

      John P. Pringle Represented By David M Goodrich

      1:00 PM

      CONT...

      Trustee(s):


      Mark Bastorous


      Chapter 7

      John P Pringle (TR) Represented By David M Goodrich Reem J Bello

      1:00 PM

      6:17-20092


      Mark Bastorous


      Chapter 7

      Adv#: 6:20-01069 Pringle v. Ghobrial


      #27.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01069. Complaint by John P. Pringle against Fared Ghobrial. (Charge To Estate - $350.00).

      Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a) (1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


      From: 7/27/20, 9/28/20 EH     

      Docket 1

      Party Information

      Debtor(s):

      Mark Bastorous Represented By Thomas F Nowland

      Defendant(s):

      Fared Ghobrial Pro Se

      Joint Debtor(s):

      Bernadette Shenouda Represented By Thomas F Nowland

      Plaintiff(s):

      John P. Pringle Represented By David M Goodrich

      1:00 PM

      CONT...

      Trustee(s):


      Mark Bastorous


      Chapter 7

      John P Pringle (TR) Represented By David M Goodrich Reem J Bello

      1:00 PM

      6:17-20092


      Mark Bastorous


      Chapter 7

      Adv#: 6:20-01070 Pringle v. Haroun


      #28.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01070. Complaint by John P. Pringle against Fouad Zikry Haroun. (Charge To Estate - $350.00).

      Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a) (1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


      From: 7/27/20, 9/28/20 EH     

      Docket 1

      Party Information

      Debtor(s):

      Mark Bastorous Represented By Thomas F Nowland

      Defendant(s):

      Fouad Zikry Haroun Pro Se

      Joint Debtor(s):

      Bernadette Shenouda Represented By Thomas F Nowland

      Plaintiff(s):

      John P. Pringle Represented By David M Goodrich

      1:00 PM

      CONT...

      Trustee(s):


      Mark Bastorous


      Chapter 7

      John P Pringle (TR) Represented By David M Goodrich Reem J Bello

      1:00 PM

      6:17-20092


      Mark Bastorous


      Chapter 7

      Adv#: 6:20-01071 Pringle v. Youssef


      #29.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01071. Complaint by John P. Pringle against Raafat Mouric Zake Youssef. (Charge To Estate -

      $350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C.

      §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


      From: 7/27/20, 9/28/20 EH     

      Docket 1

      Party Information

      Debtor(s):

      Mark Bastorous Represented By Thomas F Nowland

      Defendant(s):

      Raafat Mouric Zake Youssef Pro Se

      Joint Debtor(s):

      Bernadette Shenouda Represented By Thomas F Nowland

      Plaintiff(s):

      John P. Pringle Represented By David M Goodrich

      1:00 PM

      CONT...

      Trustee(s):


      Mark Bastorous


      Chapter 7

      John P Pringle (TR) Represented By David M Goodrich Reem J Bello

      1:00 PM

      6:17-20092


      Mark Bastorous


      Chapter 7

      Adv#: 6:20-01072 Pringle v. Goldvilla


      #30.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01072. Complaint by John P. Pringle against Goldvilla. (Charge To Estate - $350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


      From: 7/27/20, 9/28/20 EH     

      Docket 1

      Party Information

      Debtor(s):

      Mark Bastorous Represented By Thomas F Nowland

      Defendant(s):

      Goldvilla Pro Se

      Joint Debtor(s):

      Bernadette Shenouda Represented By Thomas F Nowland

      Plaintiff(s):

      John P. Pringle Represented By David M Goodrich

      1:00 PM

      CONT...

      Trustee(s):


      Mark Bastorous


      Chapter 7

      John P Pringle (TR) Represented By David M Goodrich Reem J Bello

      1:00 PM

      6:17-20092


      Mark Bastorous


      Chapter 7

      Adv#: 6:20-01074 Pringle v. Ghobrial


      #31.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01074. Complaint by John P. Pringle against Ishak Ghobrial. (Charge To Estate - $350.00).

      Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a) (1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


      From: 7/27/20, 9/28/20 EH     

      Docket 1

      Party Information

      Debtor(s):

      Mark Bastorous Represented By Thomas F Nowland

      Defendant(s):

      Ishak Ghobrial Pro Se

      Joint Debtor(s):

      Bernadette Shenouda Represented By Thomas F Nowland

      Plaintiff(s):

      John P. Pringle Represented By David M Goodrich

      1:00 PM

      CONT...

      Trustee(s):


      Mark Bastorous


      Chapter 7

      John P Pringle (TR) Represented By David M Goodrich Reem J Bello

      1:00 PM

      6:17-20092


      Mark Bastorous


      Chapter 7

      Adv#: 6:20-01075 Pringle v. Rouse


      #32.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01075. Complaint by John P. Pringle against James Rouse. (Charge To Estate - $350.00). Complaint:

      (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


      From: 7/27/20, 9/28/20 EH     

      Docket 1

      Party Information

      Debtor(s):

      Mark Bastorous Represented By Thomas F Nowland

      Defendant(s):

      James Rouse Pro Se

      Joint Debtor(s):

      Bernadette Shenouda Represented By Thomas F Nowland

      Plaintiff(s):

      John P. Pringle Represented By David M Goodrich

      1:00 PM

      CONT...

      Trustee(s):


      Mark Bastorous


      Chapter 7

      John P Pringle (TR) Represented By David M Goodrich Reem J Bello

      1:00 PM

      6:17-20092


      Mark Bastorous


      Chapter 7

      Adv#: 6:20-01076 Pringle v. John 20/20 Enterprises, Inc. et al


      #33.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01076. Complaint by John P. Pringle against John 20/20 Enterprises, Inc.. (Charge To Estate -

      $350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C.

      §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


      From: 7/27/20, 9/28/20 EH     

      Docket 1

      Party Information

      Debtor(s):

      Mark Bastorous Represented By Thomas F Nowland

      Defendant(s):

      John 20/20 Enterprises, Inc. Represented By Michael A Corfield

      Amir Maher Guirguis Awad Represented By Scott Talkov

      Christopher M Kiernan

      Joint Debtor(s):

      Bernadette Shenouda Represented By Thomas F Nowland

      1:00 PM

      CONT...


      Mark Bastorous


      Chapter 7

      Plaintiff(s):

      John P. Pringle Represented By David M Goodrich

      Trustee(s):

      John P Pringle (TR) Represented By David M Goodrich Reem J Bello

      1:00 PM

      6:17-20092


      Mark Bastorous


      Chapter 7

      Adv#: 6:20-01079 Pringle v. Kodsy


      #34.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01079. Complaint by John P. Pringle against Karem Fayez Kodsy. (Charge To Estate - $350.00).

      Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a) (1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


      From: 7/27/20, 9/28/20 EH     

      Docket 1

      Party Information

      Debtor(s):

      Mark Bastorous Represented By Thomas F Nowland

      Defendant(s):

      Karem Fayez Kodsy Pro Se

      Joint Debtor(s):

      Bernadette Shenouda Represented By Thomas F Nowland

      Plaintiff(s):

      John P. Pringle Represented By David M Goodrich

      1:00 PM

      CONT...

      Trustee(s):


      Mark Bastorous


      Chapter 7

      John P Pringle (TR) Represented By David M Goodrich Reem J Bello

      1:00 PM

      6:17-20092


      Mark Bastorous


      Chapter 7

      Adv#: 6:20-01081 Pringle v. Labib et al


      #35.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01081. Complaint by John P. Pringle against Magda Labib, Khair Labib. (Charge To Estate -

      $350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C.

      §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


      From: 7/27/20, 9/28/20 EH     

      Docket 1

      Party Information

      Debtor(s):

      Mark Bastorous Represented By Thomas F Nowland

      Defendant(s):

      Magda Labib Represented By

      Michael A Corfield

      Khair Labib Represented By

      Michael A Corfield

      Joint Debtor(s):

      Bernadette Shenouda Represented By Thomas F Nowland

      Plaintiff(s):

      John P. Pringle Represented By

      1:00 PM

      CONT...


      Trustee(s):


      Mark Bastorous


      David M Goodrich


      Chapter 7

      John P Pringle (TR) Represented By David M Goodrich Reem J Bello

      1:00 PM

      6:17-20092


      Mark Bastorous


      Chapter 7

      Adv#: 6:20-01083 Pringle v. Eskarous


      #36.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01083. Complaint by John P. Pringle against Manal Eskarous. (Charge To Estate - $350.00).

      Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a) (1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


      From: 7/27/20, 9/28/20 EH     

      Docket 1

      Party Information

      Debtor(s):

      Mark Bastorous Represented By Thomas F Nowland

      Defendant(s):

      Manal Eskarous Pro Se

      Joint Debtor(s):

      Bernadette Shenouda Represented By Thomas F Nowland

      Plaintiff(s):

      John P. Pringle Represented By David M Goodrich

      1:00 PM

      CONT...

      Trustee(s):


      Mark Bastorous


      Chapter 7

      John P Pringle (TR) Represented By David M Goodrich Reem J Bello

      1:00 PM

      6:17-20092


      Mark Bastorous


      Chapter 7

      Adv#: 6:20-01084 Pringle v. Solomen


      #37.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01084. Complaint by John P. Pringle against Marcos Solomen. (Charge To Estate - $350.00).

      Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a) (1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


      From: 7/27/20, 9/28/20 EH     

      Docket 1

      Party Information

      Debtor(s):

      Mark Bastorous Represented By Thomas F Nowland

      Defendant(s):

      Marcos Solomen Pro Se

      Joint Debtor(s):

      Bernadette Shenouda Represented By Thomas F Nowland

      Plaintiff(s):

      John P. Pringle Represented By David M Goodrich

      1:00 PM

      CONT...

      Trustee(s):


      Mark Bastorous


      Chapter 7

      John P Pringle (TR) Represented By David M Goodrich Reem J Bello

      1:00 PM

      6:17-20092


      Mark Bastorous


      Chapter 7

      Adv#: 6:20-01086 Pringle v. Zakhary


      #38.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01086. Complaint by John P. Pringle against Raafat Welliam Aziz Zakhary. (Charge To Estate -

      $350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C.

      §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


      From: 7/27/20, 9/28/20 EH     

      Docket 1

      Party Information

      Debtor(s):

      Mark Bastorous Represented By Thomas F Nowland

      Defendant(s):

      Raafat Welliam Aziz Zakhary Pro Se

      Joint Debtor(s):

      Bernadette Shenouda Represented By Thomas F Nowland

      Plaintiff(s):

      John P. Pringle Represented By David M Goodrich

      1:00 PM

      CONT...

      Trustee(s):


      Mark Bastorous


      Chapter 7

      John P Pringle (TR) Represented By David M Goodrich Reem J Bello

      1:00 PM

      6:17-20092


      Mark Bastorous


      Chapter 7

      Adv#: 6:20-01087 Pringle v. Zumut et al


      #39.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01087. Complaint by John P. Pringle against Ray Zumut, Mary Zumut. (Charge To Estate - $350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a) (1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


      From: 7/27/20, 9/28/20 EH     

      Docket 1

      Party Information

      Debtor(s):

      Mark Bastorous Represented By Thomas F Nowland

      Defendant(s):

      Ray Zumut Represented By

      Lawrence Hoodack

      Mary Zumut Represented By

      Lawrence Hoodack

      Joint Debtor(s):

      Bernadette Shenouda Represented By Thomas F Nowland

      Plaintiff(s):

      John P. Pringle Represented By

      1:00 PM

      CONT...


      Trustee(s):


      Mark Bastorous


      David M Goodrich


      Chapter 7

      John P Pringle (TR) Represented By David M Goodrich Reem J Bello

      1:00 PM

      6:17-20092


      Mark Bastorous


      Chapter 7

      Adv#: 6:20-01088 Pringle v. Noshy


      #40.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01088. Complaint by John P. Pringle against Sameh Noshy. (Charge To Estate - $350.00).

      Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a) (1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


      From: 7/27/20, 9/28/20 EH     

      Docket 1

      Party Information

      Debtor(s):

      Mark Bastorous Represented By Thomas F Nowland

      Defendant(s):

      Sameh Noshy Pro Se

      Joint Debtor(s):

      Bernadette Shenouda Represented By Thomas F Nowland

      Plaintiff(s):

      John P. Pringle Represented By David M Goodrich

      1:00 PM

      CONT...

      Trustee(s):


      Mark Bastorous


      Chapter 7

      John P Pringle (TR) Represented By David M Goodrich Reem J Bello

      1:00 PM

      6:17-20092


      Mark Bastorous


      Chapter 7

      Adv#: 6:20-01091 Pringle v. Beshai


      #41.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01091. Complaint by John P. Pringle against Sarwat Beshai. (Charge To Estate - $350.00).

      Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a) (1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)

      (STANDSTILL AGREEMENT UNTIL 9/16/20) HOLDING DATE


      From: 7/27/20, 9/28/20 EH     

      Docket 1

      Party Information

      Debtor(s):

      Mark Bastorous Represented By Thomas F Nowland

      Defendant(s):

      Sarwat Beshai Pro Se

      Joint Debtor(s):

      Bernadette Shenouda Represented By Thomas F Nowland

      Plaintiff(s):

      John P. Pringle Represented By David M Goodrich

      1:00 PM

      CONT...

      Trustee(s):


      Mark Bastorous


      Chapter 7

      John P Pringle (TR) Represented By David M Goodrich Reem J Bello

      1:00 PM

      6:17-20092


      Mark Bastorous


      Chapter 7

      Adv#: 6:20-01093 Pringle v. St. George Medical Office L.L.C.


      #42.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01093. Complaint by John P. Pringle against St. George Medical Office L.L.C.. (Charge To Estate -

      $350.00). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C.

      §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


      From: 7/27/20, 9/28/20 EH     

      Docket 1

      Party Information

      Debtor(s):

      Mark Bastorous Represented By Thomas F Nowland

      Defendant(s):

      St. George Medical Office L.L.C. Represented By

      Andy C Warshaw

      Joint Debtor(s):

      Bernadette Shenouda Represented By Thomas F Nowland

      Plaintiff(s):

      John P. Pringle Represented By David M Goodrich

      1:00 PM

      CONT...

      Trustee(s):


      Mark Bastorous


      Chapter 7

      John P Pringle (TR) Represented By David M Goodrich Reem J Bello

      1:00 PM

      6:17-20092


      Mark Bastorous


      Chapter 7

      Adv#: 6:20-01094 Pringle v. Wextron Ltd


      #43.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01094. Complaint by John P. Pringle against Wextron Ltd. (Charge To Estate - $350.00). Complaint:

      (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Goodrich, David)


      From: 7/27/20, 9/28/20 EH     

      Docket 1

      Party Information

      Debtor(s):

      Mark Bastorous Represented By Thomas F Nowland

      Defendant(s):

      Wextron Ltd Pro Se

      Joint Debtor(s):

      Bernadette Shenouda Represented By Thomas F Nowland

      Plaintiff(s):

      John P. Pringle Represented By David M Goodrich

      1:00 PM

      CONT...

      Trustee(s):


      Mark Bastorous


      Chapter 7

      John P Pringle (TR) Represented By David M Goodrich Reem J Bello

      1:00 PM

      6:17-20092


      Mark Bastorous


      Chapter 7

      Adv#: 6:20-01126 Pringle v. Botors


      #44.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01126. Complaint by John P. Pringle against Emad Khalifa Botors. (Charge To Estate). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other))


      From: 9/30/20 EH        


      Docket 1

      Party Information

      Debtor(s):

      Mark Bastorous Represented By Thomas F Nowland

      Defendant(s):

      Emad Khalifa Botors Pro Se

      Joint Debtor(s):

      Bernadette Shenouda Represented By Thomas F Nowland

      Plaintiff(s):

      John P. Pringle Represented By David M Goodrich

      1:00 PM

      CONT...

      Trustee(s):


      Mark Bastorous


      Chapter 7

      John P Pringle (TR) Represented By David M Goodrich Reem J Bello

      1:00 PM

      6:17-20092


      Mark Bastorous


      Chapter 7

      Adv#: 6:20-01127 Pringle v. Awad


      #45.00 Status Conference RE: [1] Adversary case 6:20-ap-01127. Complaint by John P. Pringle against Amir Maher Guirgus Awad. (Charge To Estate). Complaint: (1) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§548(a)(1)(A) and 550, and Cal. Civ. Code § 3439.04 (a)(1); (2) To Avoid and Recover Transfers Pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550, and Cal. Civ. Code §§ 3439.04(a)(2) and 3439.05(a); (3) To Preserve Transfers for the Benefit of the Estate Pursuant to 11 U.S.C. § 551 Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other))


      EH         


      Docket 1

      Party Information

      Debtor(s):

      Mark Bastorous Represented By Thomas F Nowland

      Defendant(s):

      Amir Maher Guirgus Awad Represented By Scott Talkov

      Joint Debtor(s):

      Bernadette Shenouda Represented By Thomas F Nowland

      Plaintiff(s):

      John P. Pringle Represented By David M Goodrich

      1:00 PM

      CONT...

      Trustee(s):


      Mark Bastorous


      Chapter 7

      John P Pringle (TR) Represented By David M Goodrich Reem J Bello

      11:00 AM

      6:16-17737


      Oraib Innabi


      Chapter 13


      #1.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1550 Bison St., Upland, CA 91784-9234


      MOVANT: WILMINGTON TRUST, NATIONAL ASSOCIATION


      EH     


      Docket 88

      *** VACATED *** REASON: ORDER GRANTING RELIEF ENTERED ON 11/17/20 (DOC. 92)

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Oraib Innabi Represented By

      Julie J Villalobos

      Movant(s):

      Wilmington Trust, National Represented By Dipika Parmar Dane W Exnowski Darlene C Vigil

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:18-12727


      Maria Perez


      Chapter 13


      #2.00 CONT. Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 909 Zola Circle Las Vegas, Nevada 89145


      MOVANT: U.S. BANK NATIONAL ASSOCIATION


      From: 11/24/20 EH     

      (Tele. appr. Kirsten Martinez rep. creditor, U.S. Bank National Association)


      Docket 48


      Tentative Ruling:

      12/1/2020


      Service: Proper Opposition: None

      Parties to apprise the Court of the status of adequate protection discussions. APPEARANCES REQUIRED.

      Party Information

      Debtor(s):

      Maria Perez Represented By

      Christopher J Langley Michael Smith

      Movant(s):

      U.S. Bank National Association, as Represented By

      Austin P Nagel

      11:00 AM

      CONT...

      Trustee(s):


      Maria Perez


      Chapter 13

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:18-17886


      Ricky Antonio Scott and Shemida Shiloni Scott


      Chapter 13


      #3.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1657 Via Verde Drive, Rialto, CA 92377 Under 11 U.S.C. § 362.


      MOVANT: WELLS FARGO BANK, NATIONAL ASSOCIATION


      EH     


      Docket 55


      Tentative Ruling:

      12/1/2020


      Service: Proper Opposition: None


      There being no opposition filed, service appearing proper, the Court, finding cause shown, is inclined to:


      -GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1);

      -GRANT requests under ¶ 2;

      -GRANT waiver of Rule 4001(a)(3) stay;

      -DENY alternative request under ¶ 13 as MOOT;


      APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

      Party Information

      Debtor(s):

      Ricky Antonio Scott Represented By Eva M Hollands

      Joint Debtor(s):

      Shemida Shiloni Scott Represented By Eva M Hollands

      11:00 AM

      CONT...

      Movant(s):


      Ricky Antonio Scott and Shemida Shiloni Scott


      Chapter 13

      Wells Fargo Bank, National Represented By Joseph C Delmotte Dane W Exnowski

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:19-16979


      Flor Aguilar


      Chapter 13


      #4.00 CONT. Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2016 Honda Civic VIN No.2HGFC4B03GH308986


      MOVANT: JPMORGAN CHASE BANK


      From: 11/3/20 EH     


      Docket 59

      *** VACATED *** REASON: ORDER GRANTING STIPULATION ENTERED 11/23/20

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Flor Aguilar Represented By

      Rabin J Pournazarian

      Movant(s):

      JPMorgan Chase Bank, N.A. Represented By Joseph C Delmotte

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:19-18080


      Jose C Aguiar and Maria Fatima Aguiar


      Chapter 13


      #5.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 25283 Minnetonka Court, Moreno Valley, CA 92553


      MOVANT: FREEDOM MORTGAGE CORPORATION


      From 10/20/20 EH     

      (Tele. appr. Donna Travis, rep. Debtors)


      Docket 30

      Tentative Ruling: 10/20/2020

      Service: Proper Opposition: Yes

      Parties to apprise the Court of the status of adequate protection discussions. APPEARANCES REQUIRED.

      Party Information

      Debtor(s):

      Jose C Aguiar Represented By

      Dana Travis

      Joint Debtor(s):

      Maria Fatima Aguiar Represented By Dana Travis

      11:00 AM

      CONT...

      Movant(s):


      Jose C Aguiar and Maria Fatima Aguiar


      Chapter 13

      Freedom Mortgage Corporation Represented By

      Dane W Exnowski

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:20-11253


      Jennifer Isabella Solares


      Chapter 13


      #6.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2017 Toyota Camry, VIN: 4T1BF1FK8HU308636


      MOVANT: AMERICREDIT FINANCIAL SERVICES


      EH     


      (Tele. appr. Sheryl Ith, rep. creditor GM Financial)


      Docket 62


      Tentative Ruling:

      12/1/2020


      Service: Proper Opposition: None


      For the reasons set forth in the motion, the Court is inclined to:


      -GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1);

      -GRANT waiver of FRBP 4001(a)(3) stay;

      -GRANT request under ¶ 2;

      -DENY alternative request under ¶ 6 as MOOT;


      APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

      Party Information

      Debtor(s):

      Jennifer Isabella Solares Represented By

      Rabin J Pournazarian

      Movant(s):

      AmeriCredit Financial Services, Inc. Represented By

      11:00 AM

      CONT...


      Trustee(s):


      Jennifer Isabella Solares


      Sheryl K Ith


      Chapter 13

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:20-11946


      Michelle Cadena Quinn


      Chapter 13


      #7.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 3656 N Valley Court, San Bernardino, California 92407


      MOVANT: U.S. BANK TRUST NATIONAL ASSOCIATION


      EH     


      (Tele. appr. Jennifer Tanios, rep. Debtor)


      Docket 52

      Tentative Ruling:


      12/1/2020


      Service: Proper Opposition: None

      Parties to apprise the Court of adequate protection discussions. APPEARANCES REQUIRED.

      Party Information

      Debtor(s):

      Michelle Cadena Quinn Represented By Steven A Alpert

      Movant(s):

      U.S. Bank Trust National Represented By

      Erica T Loftis Pacheco

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:20-12194


      Claudia P. Contreras


      Chapter 13


      #8.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 49072 Pluma Verde Place, Coachella, CA 92236


      MOVANT: HSBC BANK USA


      From 10/20/20 EH     

      (Tele. appr. Sean Ferry, rep. creditor HSBC Bank USA)


      Docket 38

      Tentative Ruling: 10/20/2020

      Service: Proper Opposition: Yes

      Parties to apprise Court of status of adequate protection discussions. APPEARANCES REQUIRED.

      Party Information

      Debtor(s):

      Claudia P. Contreras Represented By Daniel C Sever

      Movant(s):

      HSBC Bank USA, N.A. Represented By Sean C Ferry

      11:00 AM

      CONT...

      Trustee(s):


      Claudia P. Contreras


      Chapter 13

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:20-15559


      Jaime Benitez-Lugo


      Chapter 7


      #9.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2017 Kia Sorento


      MOVANT: FLAGSHIP CREDIT ACCEPTANCE LLC


      EH     


      (Tele. appr. Sheryl Ith, rep. creditor, Flagship Credit Acceptance)


      Docket 8


      Tentative Ruling:

      12/1/2020


      Service: Proper Opposition: None


      11 U.S.C. § 362(h) provides in part:


      (h)(1) In a case in which the debtor is an individual, the stay provided by subsection (a) is terminated with respect to personal property of the estate or of the debtor securing in whole or in part a claim, or subject to an unexpired lease, and such personal property shall no longer be property of the estate if the debtor fails within the applicable time set by section 521(a)(2)


      1. to file timely any statement of intention required under section 521(a)(2) with respect to such personal property or to indicate in such statement that the debtor will either surrender such personal property or retain it and, if retaining such personal property, either redeem such personal property pursuant to section 722, enter into an agreement of the kind specified in section 524(c) applicable to the debt secured by such personal property, or assume such unexpired lease pursuant to section 365(p) if the trustee does not do so, as applicable; and

        11:00 AM

        CONT...


        Jaime Benitez-Lugo


        Chapter 7


      2. to take timely the action specified in such statement, as it may be amended before expiration of the period for taking action, unless such statement specifies the debtor's intention to reaffirm such debt on the original contract terms and the creditor refuses to agree to the reaffirmation on such terms.


      11 U.S.C. § 362(h)(1)(A),(B) (emphasis added).


      11 U.S.C. §521(a)(2)(B) sets forth the applicable time to perform the action specified in the statement of intention:


      (B) within 30 days after the first date set for the meeting of creditors under section 341(a), or within such additional time as the court, for cause, within such 30-day period fixes, perform his intention with respect to such property, as specified by subparagraph (A) of this paragraph;


      11 U.S.C. §521(a)(2)(B). (emphasis added).


      Here, although Debtor has selected to retain the Kia by entering into a reaffirmation agreement, there is no evidence of a reaffirmation agreement on the record. As the deadline to perform such intention has passed pursuant to 11 U.S.C. § 521(a)(2)(B), the automatic stay has terminated as a matter of law. Therefore, the Court is inclined to DENY the motion as MOOT.


      APPEARANCES REQUIRED.

      Party Information

      Debtor(s):

      Jaime Benitez-Lugo Represented By Carey C Pickford

      Movant(s):

      Flagship Credit Acceptance LLC Represented By

      Sheryl K Ith

      Trustee(s):

      Larry D Simons (TR) Pro Se

      11:00 AM

      CONT...


      Jaime Benitez-Lugo


      Chapter 7

      11:00 AM

      6:20-16100


      Jesus Solis


      Chapter 7


      #10.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2018 Toyota Prius


      MOVANT: TOYOTA LEASE TRUST


      EH     


      (Tele. appr. Kirsten Martinez, rep. creditor, Toyota Lease Trust)


      Docket 17


      Tentative Ruling:

      12/1/2020


      Service: Proper Opposition: None


      11 U.S.C. § 365 governs the assumption of leases. 11 U.S.C. 365(d)(1) provides that if a lease is not assumed within sixty days of filing the petition, it is deemed rejected. Specifically, the statute states:


      In a case under chapter 7 of this title, if the trustee does not assume or reject an executory contract or unexpired lease of residential real property or of personal property of the debtor within 60 days after the order for relief, or within such additional time as the court, for cause, within such 60-day period, fixes, then such contract or lease is deemed rejected.


      11 U.S.C. 365(d)(1) (emphasis added).


      Consequently, 11 U.S.C. 365(p)(1) provides that such leased property is no longer subject to the stay:


      If a lease of personal property is rejected or not timely assumed by the trustee under subsection (d), the leased property is no longer property of the estate and the

      11:00 AM

      CONT...


      Jesus Solis

      stay under section 362(a) is automatically terminated.


      Chapter 7


      11 U.S.C. 365(p)(1).


      Debtor filed his petition on September 4, 2020. As the deadline to assume the lease expired on November 3, 2020, the Toyota is no longer property of the estate.

      Accordingly, the stay as to the Toyota is automatically terminated pursuant to 11

      U.S.C. 365(p)(1). Therefore, the Court is inclined to DENY the motion as MOOT. APPEARANCES REQUIRED.

      Party Information

      Debtor(s):

      Jesus Solis Represented By

      Edgar P Lombera

      Movant(s):

      Toyota Lease Trust, as serviced by Represented By

      Kirsten Martinez

      Trustee(s):

      Steven M Speier (TR) Pro Se

      11:00 AM

      6:20-16491


      Renisha Rena Riggs


      Chapter 7


      #11.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2012 Nissan Altima


      MOVANT: HLS OF NEVADA


      EH     


      (Tele. appr. Christina Khil, rep. creditor, HLS of Nevada)


      Docket 12


      Tentative Ruling:

      12/1/2020


      Service: Proper Opposition: None


      The Court is inclined to:


      -GRANT relief from stay pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2);

      -GRANT request under ¶ 2;

      -GRANT waiver of FRBP 4001(a)(3) stay;

      -DENY alternative request for adequate protection as MOOT;


      APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.



      Party Information

      Debtor(s):

      Renisha Rena Riggs Represented By Hector Vega

      11:00 AM

      CONT...

      Movant(s):


      Renisha Rena Riggs


      Chapter 7

      HLS of Nevada d.b.a. Nevada West Represented By

      Christina J Khil

      Trustee(s):

      Charles W Daff (TR) Pro Se

      11:00 AM

      6:20-16753


      Bertha Alicia Aguilera


      Chapter 7


      #12.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2020 Toyota Corolla


      MOVANT: TOYOTA LEASE TRUST


      EH     


      (Tele. appr. Kirsten Martinez, rep. creditor, Toyota Lease Trust)


      Docket 7


      Tentative Ruling:

      12/1/2020


      Service: Proper Opposition: None


      For the reasons set forth in the motion, the Court is inclined to:


      -GRANT relief from stay pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2);

      -GRANT request under ¶ 2;

      -GRANT waiver of FRBP 4001(a)(3) stay;


      APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


      Party Information

      Debtor(s):

      Bertha Alicia Aguilera Represented By Ricardo Gomez

      Movant(s):

      Toyota Lease Trust, as serviced by Represented By

      Austin P Nagel

      11:00 AM

      CONT...

      Trustee(s):


      Bertha Alicia Aguilera


      Chapter 7

      Howard B Grobstein (TR) Pro Se

      11:00 AM

      6:20-16768


      Roderick Harlan Friloux and Rebecca Andrade-Friloux


      Chapter 7


      #13.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2014 Honda Accord, VIN: 1HGCR2F57EA267284


      MOVANT: AMERICREDIT FINANCIAL SERVICES INC


      EH     


      (Tele. appr. Sheryl Ith, rep. creditor GM Financial)


      Docket 8


      Tentative Ruling:

      12/1/2020


      Service: Proper Opposition: None


      For the reasons set forth in the motion, the Court is inclined to:


      -GRANT relief from stay pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2);

      -GRANT request under ¶ 2;

      -GRANT waiver of FRBP 4001(a)(3) stay;

      -DENY alternative request for adequate protection as MOOT;


      APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


      Party Information

      Debtor(s):

      Roderick Harlan Friloux Represented By Tina H Trinh

      11:00 AM

      CONT...


      Roderick Harlan Friloux and Rebecca Andrade-Friloux


      Chapter 7

      Joint Debtor(s):

      Rebecca Andrade-Friloux Represented By Tina H Trinh

      Movant(s):

      AmeriCredit Financial Services, Inc. Represented By

      Sheryl K Ith

      Trustee(s):

      Howard B Grobstein (TR) Pro Se

      11:00 AM

      6:20-17102


      Michel M. Gerges and Meryan A. Soliman


      Chapter 7


      #14.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2017 Honda Pilot, VIN: 5FNY F5H3 9HB0 38580


      MOVANT: HONDA LEASE TRUST


      EH     


      (Tele. appr. Vincent Frounjian, rep. creditor, Honda Lease Trust)


      Docket 8


      Tentative Ruling:

      12/1/2020


      Service: Proper Opposition: None


      The Court is inclined to:


      -GRANT relief from stay pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2);

      -GRANT request under ¶ 2;

      -GRANT waiver of FRBP 4001(a)(3) stay;


      APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


      Party Information

      Debtor(s):

      Michel M. Gerges Represented By

      Stuart G Steingraber

      11:00 AM

      CONT...


      Michel M. Gerges and Meryan A. Soliman


      Chapter 7

      Joint Debtor(s):

      Meryan A. Soliman Represented By

      Stuart G Steingraber

      Movant(s):

      Honda Lease Trust Represented By Vincent V Frounjian

      Trustee(s):

      Karl T Anderson (TR) Pro Se

      11:00 AM

      6:20-17128


      Bertha Liza Higareda


      Chapter 7


      #15.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2018 Honda Civic, VIN: 2HGF C3B3 9JH3 56536


      MOVANT: HONDA LEASE TRUST


      EH     


      (Tele. appr. Vincent Frounjian, rep. creditor, Honda Lease Trust)


      Docket 8


      Tentative Ruling:

      12/1/2020


      Service: Proper Opposition: None


      The Court is inclined to:


      -GRANT relief from stay pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2);

      -GRANT request under ¶ 2;

      -GRANT waiver of FRBP 4001(a)(3) stay;

      -DENY alternative request for adequate protection as MOOT;


      APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.



      Party Information

      Debtor(s):

      Bertha Liza Higareda Represented By Daniel King

      11:00 AM

      CONT...

      Movant(s):


      Bertha Liza Higareda


      Chapter 7

      Honda Lease Trust Represented By Vincent V Frounjian

      Trustee(s):

      Robert Whitmore (TR) Pro Se

      2:00 PM

      6:10-40660


      Raymond Babcock and Susan Babcock


      Chapter 11


      #16.00 Motion for Entry of Discharge EH        

      Also #17


      Docket 246


      Tentative Ruling:

      Hearing: 12/1/2020


      Service: None Opposition: None


      BACKGROUND:


      Raymond and Susan Babcock ("Debtors") filed a chapter 11 voluntary petition on December 9, 2010. The Court entered the order confirming Debtors’ fourth amended chapter 11 plan (the "Plan") on July 19, 2012. Dkt. No. 166. On June 28, 2012, the Court entered an order conditioning a discharge on the completion of all plan payments. Debtors filed a motion on June 6, 2013 seeking to modify the Court’s discharge terms. Dkt. No. 185. At the hearing on June 25, 2013, the motion was denied without prejudice. Dkt. No. 197.1


      On April 11, 2014, the Court entered a final decree and closed the case.


      Debtors reopened the case on November 7, 2020. Now, in the instant motion, Debtors move for a discharge. Dkt. No. 246. The Court notes Debtors have not included a proof of service.


      With respect to obtaining a discharge, the Plan, in Section II, page 4 states:


      Under this Plan, the Babcocks shall be discharged of liability for payment of debts incurred before confirmation of the Plan, to the greatest extent possible

      2:00 PM

      CONT...


      Raymond Babcock and Susan Babcock

      as specified in 11 U.S.C. § 1141, unless such liabilities are specified for treatment under this Plan, and then only to the extent of the treatment hereunder. Discharge will be entered with regard to each claim upon the


      Chapter 11

      completion of all payments due under this Plan on account of such claim. The Babcocks reverse the right to move the Court, after notice and hearing, for entry of discharge for cause on an alternative basis and timetable. To the extent that the Babcocks do not currently have in personam liability for such a claim, this Plan does not create any such liability.


      Debtors have completed almost all the plan payments. With respect to class 5, payments will be satisfied with the pending sale of the property located at 32815 Kendal Court, Menifee, CA ("Kendal Property") (the subject of Dkt. No. 247). All that remains, thereafter, is the class 4 claim, belonging to Bank of N.Y. Mellon, which consists of mortgage payments amortized over a thirty-year period since 2012 on the property located at 30761 Young Dove Street, Menifee, CA ("Young Dove Property"). Regardless of the outstanding mortgage payments, Debtors assert two alternative grounds in support of an early discharge. Debtors contend they have shown cause pursuant to 11 U.S.C. § 1141(d)(5)(A), and in addition, they have met all the elements under 11 U.S.C. § 1141(d)(5)(B).


      DISCUSSION:


      11 U.S.C. § 1141(d)(5)(A) provides:


      1. In a case in which the debtor is an individual--

        1. unless after notice and a hearing the court orders otherwise for cause, confirmation of the plan does not discharge any debt provided for in the plan until the court grants a discharge on completion of all payments under the plan;


      11 U.S.C. § 1141(d)(5)(A) (emphasis added).


      As an initial matter, there being no proof of service, the Court determines that the requirement for "notice" has not been met. Accordingly, the Court cannot grant this motion. Notwithstanding, the Court discusses whether Debtors have satisfied the

      2:00 PM

      CONT...


      Raymond Babcock and Susan Babcock


      Chapter 11

      requirement for "cause" pending proof of notice.


      Scant case law exists to determine what constitutes "cause" under Section 1141(d)(5) (A). The Court has identified two cases that are the most relevant to the issue. First, there is the decision by the court in In re Shreidan, 391 B.R. 287 (Bankr. E.D.N.C.

      2008) to grant an early discharge. In doing so, the court stated it was persuaded that cause existed based on "the likelihood that the debtors will make all of their plan payments and the assurance, in the form of collateral, that creditors will receive the amount they have been promised even if the plan payments are not made." Id. at 291.


      Additionally, in In re Belcher, the court discusses the legislative intent underlying the "cause" requirement:


      More in keeping with the intent of this section would be a determination of "cause" for granting a discharge after payment of the sixty payments to the Distribution Fund to satisfy the obligation of the Plan to general unsecured creditors with dischargeable claims against the debtor, see, e.g., In re

      Brown, 2008 WL 4817505, *1 (Bankr.D.D.C. October 29, 2008) ("[T]he plan provides for monthly mortgage payments to continue on the debtor's various mortgage debts. Those payments might last for many years, and ... I do not believe that [§ 1141(d)(5)(A) ] was written with those types of payments to mortgagees in mind."), but prior to completion of payments due on the educational loans or the Debtors' long term mortgage obligations. Such a conclusion avoids the patently unreasonable result noted in Johnson, 402 B.R. at 855, that individual chapter 11 debtors could not obtain a discharge until all such long term obligations had been satisfied, a result which would not conform with chapter 13 practice concerning the timing of the issuance of an order of discharge, but fly directly in its face. Such a determination also protects those creditors whose interests are impaired by the confirmed plan without endangering the interests of those creditors not needing such protection.


      In re Belcher, 410 B.R. 206, 217–18 (Bankr. W.D. Va. 2009) (quotations and citations in original).


      Here, Debtors present a scenario much like the one discussed by the Belcher court and

      2:00 PM

      CONT...


      Raymond Babcock and Susan Babcock


      Chapter 11

      referred to in Johnson. Although Debtors only discuss the need for Susan Babcock to move forward in its showing for cause, it is apparent the contention to move forward rests on the fact that discharge cannot be granted until after all mortgage payments amortized over thirty-years are paid to the class 4 creditor. Debtors have already completed their payments to unsecured creditors; only payments on a mortgage to a secured creditor remain. Like the creditors in In re Sheridan, Bank of N.Y. Mellon is secured by collateral. Additionally, the class 5 creditor remains secured pending the sale of the Kendal Property. Furthermore, it appears Debtors have consistently paid their mortgage. On these facts, the Court finds cause sufficient to grant a discharge pursuant to 11 U.S.C. § 1141(d)(5)(A), and therefore will not consider discharge under 11 U.S.C. § 1141(d)(5)(B).


      TENTATIVE RULING:


      Debtors to address the "notice" issue. APPEARANCES REQUIRED.

      Party Information

      Debtor(s):

      Raymond Babcock Represented By

      Ali E Galam - DISBARRED - Stuart J Wald

      Joint Debtor(s):

      Susan Babcock Represented By

      Ali E Galam - DISBARRED - Stuart J Wald

      Movant(s):

      Susan Babcock Represented By

      Ali E Galam - DISBARRED - Stuart J Wald

      2:00 PM

      6:10-40660


      Raymond Babcock and Susan Babcock


      Chapter 11


      #17.00 Motion for Order in Aid of Consummation of Plan EH         

      Also #16


      Docket 247


      Tentative Ruling:

      Hearing: 12/1/2020


      Service: Proper Opposition: None


      BACKGROUND:


      Raymond and Susan Babcock ("Debtors") filed a chapter 11 voluntary petition on December 9, 2010. The Court entered the order confirming Debtors’ fourth amended chapter 11 plan (the "Plan") on July 19, 2012. Dkt. No. 166. On June 28, 2012, the Court entered an order conditioning a discharge on the completion of all plan payments. On April 11, 2014, the Court entered a final decree and closed the case.


      Debtors reopened the case on November 7, 2020 and moved for a discharge (Dkt. No. 246) simultaneously with the filing of the instant motion, For Order In Aid of Consummation of Plan. Dkt. No. 247. Debtors have completed almost all the plan payments. Debtors are in the process of satisfying the class 5 secured creditor by selling its security, the property located at 32815 Kendal Court, Menifee, CA ("Kendal Property"). The title company seeks assurance that the junior lien on the Kendal Property, which is held and secured by a deed of trust in Residential Funding Company, LLC ("Creditor") is avoided.


      The Court takes judicial notice of a stipulation entered into on December 29, 2011 between Debtors and Creditor, which states, in relevant part:

      2:00 PM

      CONT...


      Raymond Babcock and Susan Babcock

      The avoidance of Creditor’s Second Deed of Trust is contingent upon the Debtors’ completion of their Chapter 11 plan with regard to Creditor and the Debtors’ receipt of a Chapter 11 discharge.


      Chapter 11


      Dkt. No. 77. An order approving the stipulation was entered on January 18, 2012.


      Under the Plan, Creditor’s claim is treated as a Class 7 unsecured claim, bifurcated pursuant to 11 U.S.C. § 506(a), and entitled to a pro rata share of the $60,000 intended for unsecured creditors. This amount has since been distributed.


      TENTATIVE RULING:


      There being no opposition filed, notice appearing proper, the Court is inclined to GRANT the motion and confirm that upon discharge, as it is the Court’s intention to grant such discharge (See Matter 16 before the Court), the Creditor’s junior lien is AVOIDED.


      APPEARANCES REQUIRED.


      Party Information

      Debtor(s):

      Raymond Babcock Represented By

      Ali E Galam - DISBARRED - Stuart J Wald

      Joint Debtor(s):

      Susan Babcock Represented By

      Ali E Galam - DISBARRED - Stuart J Wald

      Movant(s):

      Susan Babcock Represented By

      Ali E Galam - DISBARRED - Stuart J Wald

      2:00 PM

      6:17-15816


      Integrated Wealth Management Inc


      Chapter 11

      Adv#: 6:19-01177 Issa v. Pisano


      #18.00 CONT Status Conference RE: [1] Adversary case 6:19-ap-01177. Complaint by

      J. Michael Issa against Anthony Pisano. (13 (Recovery of money/property - 548 fraudulent transfer)) (Ignatuk, Joseph)


      From: 2/25/20, 4/28/20, 6/9/20, 7/21/20, 8/25/20, 9/29/20, 11/24/20


      EH     


      Docket 1

      *** VACATED *** REASON: ORDER TO 1/20/21 BY ORDER ENTERED ON 11/17/20

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Integrated Wealth Management Inc Represented By

      Andrew B Levin Robert E Opera Jim D Bauch

      Defendant(s):

      Anthony Pisano Represented By Scott P Schomer

      Plaintiff(s):

      J. Michael Issa Represented By Joseph R Ignatuk

      2:00 PM

      6:18-10155


      Jose De Jesus Hernandez


      Chapter 11


      #19.00 CONT. Debtor's Motion for Entry of Final Decree (Federal Bankruptcy Rule 3022)


      From: 10/13/20, 11/24/20 EH            


      Docket 253

      *** VACATED *** REASON: CONTINUED TO 12/15/20 AT 2:00 P.M. BY ORDER ENTERED ON 11/12/20

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Jose De Jesus Hernandez Represented By

      Eric Bensamochan

      Movant(s):

      Jose De Jesus Hernandez Represented By

      Eric Bensamochan Eric Bensamochan Eric Bensamochan Eric Bensamochan Eric Bensamochan

      2:00 PM

      6:18-16908


      Visiting Nurse Association of the Inland Counties


      Chapter 11


      #20.00 Debtor's Motion for Approval of Global Settlement and Release Between Debtor, Greg Del Gado, Bruce Gordon, Stuart Furman, Lois Beckman, Gema Ptasinski, Mary Anne Benzakein, Mike Rusnak, Maria Lozzano, Karen Emery, Jean Kryger, Oscar Brambila, Markel American Insurance Company and Allied World Specialty Insurance Company


      Also #21 EH     

      (Tele. appr Joshua Franklin rep. Bruce Gordon and Oscar Brambila) (Tele. appr. Jason Komorsky, rep

      Docket 816


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Visiting Nurse Association of the Represented By

      David M Goodrich Beth Gaschen Jennifer Vicente Ryan W Beall Steven T Gubner Jason B Komorsky

      Movant(s):

      Visiting Nurse Association of the Represented By

      David M Goodrich David M Goodrich Beth Gaschen Beth Gaschen

      2:00 PM

      CONT...


      Visiting Nurse Association of the Inland Counties

      Jennifer Vicente Jennifer Vicente Ryan W Beall Ryan W Beall Steven T Gubner Steven T Gubner Jason B Komorsky Jason B Komorsky


      Chapter 11

      2:00 PM

      6:18-16908


      Visiting Nurse Association of the Inland Counties


      Chapter 11


      #21.00 Debtor's Motion For Good Faith Determination Regarding Global Settlement And Release Between Debtor, Greg Del Gado, Bruce Gordon, Stuart Furman, Lois Beckman, Gema Ptasinski, Mary Anne Benzakein, Mike Rusnak, Maria Lozzano, Karen Emery, Jean Kryger, Oscar Brambila, Markel American Insurance Company And Allied World Specialty Insurance Company [Cal. Civ.

      Proc. Code § 877.6] Also #20

      EH     


      Docket 822


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Visiting Nurse Association of the Represented By

      David M Goodrich Beth Gaschen Jennifer Vicente Ryan W Beall Steven T Gubner Jason B Komorsky

      Movant(s):

      Visiting Nurse Association of the Represented By

      David M Goodrich David M Goodrich Beth Gaschen Beth Gaschen Jennifer Vicente Jennifer Vicente

      2:00 PM

      CONT...


      Visiting Nurse Association of the Inland Counties

      Ryan W Beall Ryan W Beall Steven T Gubner Steven T Gubner Jason B Komorsky Jason B Komorsky


      Chapter 11

      2:00 PM

      6:20-15400


      Fasttrak Foods, LLC


      Chapter 11


      #22.00 CONT Order (1) Setting Scheduling Hearing And Case Management Conference And (2) Requiring Status Report


      From: 9/29/20, 11/24/20 EH     


      Docket 8


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Fasttrak Foods, LLC Represented By

      Crystle Jane Lindsey James R Selth Daniel J Weintraub

      Trustee(s):

      Caroline Renee Djang Pro Se

      10:00 AM

      6:20-16519


      Maria Yesenia Villalba


      Chapter 7


      #1.00 Reaffirmation Agreement Between Debtor and Wescom Central Credit Union, in the amount of $13,135.58, re: 2017 Honda/Civic


      EH        


      Docket 12

      *** VACATED *** REASON: CONT. TO 12:00 P.M. CALENDAR

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Maria Yesenia Villalba Represented By Arlene M Tokarz

      Movant(s):

      Wescom Central Credit Union Represented By Letty Ildefonzo

      Trustee(s):

      Todd A. Frealy (TR) Pro Se

      11:00 AM

      6:19-10556


      Timothy Mark Aitken and Esmeralda Aitken


      Chapter 7


      #2.00


      Defendant's Alicia Aiken's Motion to Reconsider Order granting Trustee Motion to Void Transfer of Equity, and setting aside Debtor's Exemptions


      EH        


      (Tele. appr. Larry Simons, rep. Howard Grobstein, chapter 7 trustee)


      Docket 63

      Tentative Ruling:

      12/2/2020

      BACKGROUND


      On January 23, 2019, Timothy & Esmeralda Aitken ("Debtors") filed a Chapter 7 voluntary petition. On March 3, 2020, Trustee filed a complaint against Debtors’ daughter, Alicia Aitken ("Defendant"), to avoid and recovery a fraudulent transfer. After Defendant failed to respond to the complaint, the Court entered Defendant’s default on April 14, 2020. Since her default was entered, Defendant attempted to file multiple pleadings in the adversary proceeding.


      On June 9, 2020, Trustee filed a motion for default judgment. The Court ultimately denied Trustee’s motion without prejudice. On November 23, 2020, Trustee filed a second motion for default judgment, which is set for hearing on December 16, 2020.


      In the main bankruptcy case, on November 4, 2020, the Court entered an order

      11:00 AM

      CONT...


      Timothy Mark Aitken and Esmeralda Aitken


      Chapter 7

      extending Trustee’s deadline to object to Debtors’ exemptions to February 3, 2021.


      On November 10, 2020, Defendant, in the main bankruptcy case, filed a pleading which is titled "Defendant Alicia Aiken’s Motion to Reconsider Order Granting Trustee Motion to Void Transfer of Equity, and Setting Aside Debtor’s Exemptions." On November 19, 2020, Trustee filed an opposition to the motion.


      DISCUSSION



      As noted by Trustee "the Motion fails to describe what order Movant is requesting that the Court reconsider. It appears that Movant seeks to dismiss the pending

      Complaint brought by the Trustee against her." The Court notes that the transfer that is the subject of the adversary proceeding has not been avoided nor have Debtors’ exemptions been disallowed.


      Setting aside the procedurally defectiveness of the motion, the Court agrees with Trustee that Movant’s motion fails on substantive grounds, although for a slightly different reason that that articulated in the opposition. As stated in Mathiason v. Aquinas Home Health Care, Inc., "[o]nce a default is established, defendant has not further standing to contest the factual allegations of plaintiff’s claim for relief." 187 F. Supp. 3d 1269, 1274 (D. Kan. 2016) (emphasis added). But being precluded from presenting evidence does not mean Defendant is precluded from appearing or presenting a purely legal argument. The Court notes that Trustee’s cited case of City of New York v. Mickalis Pawn Shop, LLC, 645 F.3d 114 (2nd Cir. 2011), does not stand for the proposition that Defendant "lacks the ability to appear." See also Peter H. Bresnan & James P. Cornelio, Relief from Default Judgments Under Rule 60(b) – A Study of Federal Case Law, 49 FORDHAM L. REV. 956, 959-60 (1981) ("A default is not an absolute confession of liability. A defaulting party does not admit to facts that are not well-pleaded or to conclusions of law.") (collecting cases); see also Nishimatsu Constr. Co. v. Houston Nat’l Bank, 515 F.2d 1200, 1206 (5th Cir. 1975).


      Here, however, Defendant’s argument is based on the factual assertion that the subject

      11:00 AM

      CONT...


      Timothy Mark Aitken and Esmeralda Aitken


      Chapter 7

      transfer was based on fair market value. [Dkt. No. 63, pg. 9, lines 9-10]. This argument fails because: (1) as noted above, Defendant is precluded from presenting evidence; (2) Defendant has not actually presented any evidence in support of her motion; and (3) it would appear Defendant’s request is actually properly characterized as a motion for summary judgment, although Defendant did not follow any of the proper procedural steps in bringing such a motion


      TENTATIVE RULING



      The Court is inclined to DENY the motion.


      APPEARANCES REQUIRED.


      Party Information

      Debtor(s):

      Timothy Mark Aitken Pro Se

      Joint Debtor(s):

      Esmeralda Aitken Pro Se

      Movant(s):

      Alicia Aitken Pro Se

      Trustee(s):

      Howard B Grobstein (TR) Represented By Larry D Simons

      11:00 AM

      6:19-19797


      Ramona Garcia


      Chapter 7


      #3.00 Notice of Trustee's Final Report and Applications for Compensation EH     

      Docket 18


      Tentative Ruling:

      12/2/2020

      No opposition has been filed. Service was Proper.


      The application for compensation of the Trustee has been set for hearing on the notice required by LBR 2016-1. Pursuant to the Trustee's Final Report, the Court is inclined to APPROVE the following administrative expenses:


      Trustee Fees: $ 1,303.30 Trustee Expenses: $ 36.50


      APPEARANCES WAIVED. If written or oral opposition is presented at the hearing, the hearing may be continued. Trustee to lodge order within 7 days.

      Party Information

      Debtor(s):

      Ramona Garcia Represented By Daniel King

      Trustee(s):

      Larry D Simons (TR) Pro Se

      11:00 AM

      6:19-19925


      Mihai Bejerea


      Chapter 7


      #4.00 Debtor's Motion to Reopen Chapter 7 Case to Amend Schedules B and C EH     

      (Tele. appr. Benjamin Heston, rep. Debtor)


      Docket 22

      Tentative Ruling:

      12/2/2020

      BACKGROUND


      On November 11, 2019, Mihai Bejerea ("Debtor") filed a Chapter 7 voluntary petition. On February 24, 2020, Debtor received a Chapter 7 discharge. On May 27, 2020, Debtor’s case was closed.


      On October 14, 2020, Debtor filed a motion to reopen the case to amend Schedules A & C. On November 5, 2020, the Court set the matter for hearing.


      DISCUSSION



      Local Rule 5010-1(b) provides "[a] request for any relief other than the reopening of a case, including relief based upon the grounds for reopening the case, must be made in a separate motion or adversary proceeding, which may be filed concurrently with the motion to reopen."

      11:00 AM

      CONT...


      Mihai Bejerea


      Chapter 7


      Rule 1009(a) provides "[a] voluntary petition, list, schedule, or statement may be amended by the debtor as a matter of course at any time before the case is closed." There is a split in caselaw as to whether Rule 1009(a) operates to require a motion pursuant to Rule 9006(b)(1) in order for a debtor to amend their schedules in a reopened case. See, e.g., In re Dollman, 583 B.R. 268, 271-73 (Bankr. D.N.M. 2017) (summarizing different approaches); 9 COLLIER’S ON BANKRUPTCY ¶ 1009.02[3] (16th ed. 2015) ("Once the case has been closed, a debtor may have to show excusable neglect in order to amend the schedule of exemptions."). But see In re Goswani, 304

      B.R. 386, 392 (B.A.P. 9th Cir. 2003) ("If the drafters had intended to require court permission before the filing of amended schedules in reopened cases, they would have explicitly said so.").


      While BAP opinions certainly can be persuasive, this Court has a duty to consider the reasoning detailed in the decision. The Court does not consider the reasoning in In re Goswani to be persuasive. As noted by In re Dollman, 583 B.R. 268, 271-273 (Bankr.

      D.N.M. 2017), three different approaches to this issue have been developed.


      First, the broad approach, as articulated in In re Goswani, essentially concludes that there is no difference between an open (never closed) case and a re-opened case.

      However, "[r]eading Rule 1009(a) to permit a debtor to amend schedules in a reopened case anytime as a matter of course before the case is re-closed would make the limiting clause, "at any time before the case is closed," inoperative and superfluous because schedules can be amended only in an open case." Dollman, at

      272. Based on the reasoning in Dollman, the Court concludes that Rule 1009(a) does impose a deadline – the closing of the case – and rejects the broad approach’s attempt to reverse time and undo the passing of that deadline.


      Second, the Court rejects the narrow approach, which prohibits any amendment to schedules after a case is closed, then reopened, for the simple reason that this approach does not explain why Rule 9006(b)(1) is inapplicable to the instant situation. Id. ("The Court finds the narrow approach too restrictive. It fails to recognize or apply Rule 9006(b)(1) allowing enlargement of time under certain circumstances if the period has expired before the motion to enlarge time is filed.").

      11:00 AM

      CONT...


      Mihai Bejerea


      Chapter 7


      Consequently, the Court finds the middle approach to be the appropriate approach. Rule 1009(a) imposed a deadline for amendment of the schedules – the closing of the case – and that deadline passed in the instant case. Rule 9006(b)(1), however, affords Debtors an opportunity to file a motion to amend their schedules, which Debtor will need to do here.


      TENTATIVE RULING



      The Court is inclined to GRANT the motion to the extent of REOPENING the bankruptcy case to allow Debtor to file a motion for leave to amend the schedules. If no matter is pending at the expiration of the sixty-day period, the case may be closed without further notice.


      APPEARANCES REQUIRED.


      Party Information

      Debtor(s):

      Mihai Bejerea Represented By Benjamin R Heston

      Movant(s):

      Mihai Bejerea Represented By Benjamin R Heston

      Trustee(s):

      Howard B Grobstein (TR) Pro Se

      11:00 AM

      6:19-20316


      Jack Neil Angus, III


      Chapter 7


      #5.00 Notice of Trustee's Final Report; Applications for Compensation EH     

      Docket 17


      Tentative Ruling:

      12/2/2020

      No opposition has been filed. Service was Proper.


      The application for compensation of the Trustee has been set for hearing on the notice required by LBR 2016-1. Pursuant to the Trustee's Final Report, the Court is inclined to APPROVE the following administrative expenses:


      Trustee Fees: $ 698.50 Trustee Expenses: $ 17.75


      APPEARANCES WAIVED. If written or oral opposition is presented at the hearing, the hearing may be continued. Trustee to lodge order within 7 days.

      Party Information

      Debtor(s):

      Jack Neil Angus III Represented By Edgar P Lombera

      Trustee(s):

      Larry D Simons (TR) Pro Se

      11:00 AM

      6:20-11187


      Edmundo Murillo and Maria Cortez


      Chapter 7


      #6.00 Notice of Trustee's Final Report and Applications for Compensation EH     

      Docket 30


      Tentative Ruling:

      12/2/2020

      No opposition has been filed. Service was Proper.


      The application for compensation of the Trustee has been set for hearing on the notice required by LBR 2016-1. Pursuant to the Trustee's Final Report, the Court is inclined to APPROVE the following administrative expenses:


      Trustee Fees: $ 1,222.50 Trustee Expenses: $ 143.35


      APPEARANCES WAIVED. If written or oral opposition is presented at the hearing, the hearing may be continued. Trustee to lodge order within 7 days.

      Party Information

      Debtor(s):

      Edmundo Murillo Represented By George P Hobson Jr

      Joint Debtor(s):

      Maria Cortez Represented By

      George P Hobson Jr

      Trustee(s):

      Robert Whitmore (TR) Pro Se

      12:00 PM

      6:20-16519


      Maria Yesenia Villalba


      Chapter 7


      #7.00 Reaffirmation Agreement Between Debtor and Wescom Central Credit Union, in the amount of $13,135.58, re: 2017 Honda Civic


      From: 10:00 a.m. calendar EH        

      (Tele. appr. Maria Villalba, Debtor)


      Docket 12


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Maria Yesenia Villalba Represented By Arlene M Tokarz

      Movant(s):

      Wescom Central Credit Union Represented By Letty Ildefonzo

      Trustee(s):

      Todd A. Frealy (TR) Pro Se

      2:00 PM

      6:13-16964


      Narinder Sangha


      Chapter 7

      Adv#: 6:13-01171 Schrader v. Sangha


      #8.00 Motion in Limine on Defendant's Witnesses EH        

      Also #9


      (Tele. appr. Charles Schrader pro se Plaintiff )


      Docket 405

      Tentative Ruling:

      12/2/2020

      BACKGROUND


      On April 18, 2013, Narinder Sangha ("Defendant") filed a Chapter 7 voluntary petition. On April 25, 2013, Charles Schrader ("Plaintiff") filed an adversary complaint against Defendant for non-dischargeability pursuant to 11 U.S.C. § 523(a) (6).


      On August 12, 2013, the Court entered its first scheduling order, directing the parties to complete mediation by October 16, 2013; that deadline was ultimately continued to October 29, 2013. On December 4, 2013, the Court entered a second scheduling order, directing the parties to complete mediation by January 31, 2014.


      On August 7, 2014, the Court entered an order granting Plaintiff’s motion for summary judgment, and a corresponding judgment. This judgment was appealed, ultimately being vacated and remanded by the Ninth Circuit on March 10, 2017. On

      2:00 PM

      CONT...


      Narinder Sangha


      Chapter 7

      April 19, 2017, Plaintiff filed a renewed motion for summary judgment which, after several continuances, was ultimately granted in part and denied in part on March 15, 2019 (the "Opinion").


      Since the Court issued the Opinion granting partial summary judgment to Plaintiff, the parties have engaged in several discovery disputes, with Defendant switching counsel on multiple occasions during the course of the case. On May 3, 2019, Defendant filed a motion to reopen discovery. As noted by the Court on the hearing of May 22, 2019, the Court had never actually set a discovery deadline, and, therefore, the Court denied the motion. Based upon the discussion with parties at the hearings of May 22, 2019, the Court entered a scheduling order on May 24, 2019. The scheduling order set a discovery deadline of July 31, 2019, and a deadline to file dispositive motions of August 23, 2019.


      On July 10, 2019, the Court heard Defendant’s (then pro se) motion to serve additional discovery requests. That motion was denied for the reasons stated on the record at the hearing of July 10, 2019.


      On July 30, 2019, Defendant filed a motion to extend discovery cutoff and related dates. On September 3, 2019, the Court granted Defendant’s motion to extend the discovery cutoff to the limited extent of clarifying that discovery need only be propounded, not completed, by July 31, 2019. On September 11, 2019, the Court issued an amended scheduling order. On October 16, 2019, Defendant filed a motion for sanctions against Plaintiff, which the Court ultimately denied.


      On October 28, 2019, Defendant filed a motion to reconsider the Opinion, arguing that: (1) the state court judgment was void for failure to properly plead damages; (2) issue preclusion was inappropriate because certain affirmative defenses were neither actually litigated nor necessarily decided; and (3) public policy is not served by application of issue preclusion. On November 12, 2019, Plaintiff filed his opposition. On December 16, 2019, the Court entered an order denying Defendant’s motion for reconsideration.

      2:00 PM

      CONT...


      Narinder Sangha


      Chapter 7


      On March 11, 2020, Plaintiff filed a motion, which was titled "Motion in Limine on Defendant’s First Affirmative Defense of Privilege." On March 18, 2020, Defendant filed an opposition. On April 1, 2020, the Court orally denied the motion.


      On March 31, 2020, Defendant filed a motion for leave to amend his answer to include affirmative defenses of truth and privilege. On April 6, 2020, Plaintiff filed an opposition. The motion was denied pursuant to order entered May 18, 2020


      On April 23, 2020, Plaintiff filed the instant "Motion in Limine on Defendant’s Affirmative Defenses" [Dkt. No. 367]. On April 29, 2020, Defendant filed an opposition. The motion was granted pursuant to order entered June 24, 2020.


      On July 8, 2020, Plaintiff filed a motion for partial summary adjudication on Defendant’s affirmative defenses. On August 12, 2020, Defendant filed his opposition. The Court granted the motion pursuant to order entered October 15, 2020.


      On November 10, 2020, Plaintiff filed the instant Motion in Limine on Defendant’s Witness [Dkt. No. 405]. Plaintiff amended the motion on November 12, 2020, although it appears that the only change in the amended version is the inclusion of Defendant’s witness list, which was previously included in the pre-trial stipulation filed on February 13, 2020. In the instant motion, Plaintiff argues that five of Defendant’s seven witnesses were not timely disclosed during initial disclosures or during discovery. Specifically, Plaintiff contends that Defendant did not disclose these five witnesses: (1) during Rule 26 initial disclosures; (2) in response to written interrogatories issued during August 2013; and (3) in response to interrogatories served during May 2019. Defendant did not file an opposition to the instant motion.


      DISCUSSION

      2:00 PM

      CONT...


      Narinder Sangha


      Chapter 7


      Fed. R. Civ. P. Rule 26 outlines the litigants’ obligation to disclose certain information. Fed. R. Civ. P. Rule 37(c)(1) states, in pertinent part:


      If a party fails to provide information or identify a witness as required by Rule 26(a) or (e), the party is not allowed to use that information or witness to supply evidence on a motion, at a hearing, or at a trial, unless the failure was substantially justified or is harmless.


      And the Ninth Circuit has recently stated:


      The Federal Rules of Civil Procedure require parties to provide to other parties the name of each individual likely to have discoverable information – along with the subjects of that information – that the disclosing party may use to support its claims or defenses. And a party who has made a disclosure under Rule 26(a) must supplement or correct its disclosure in a timely manner if the party learns that in some material respect the disclosure is incomplete or incorrect, and if the addition or corrective information has not otherwise been made known to the other parties during the discovery process or in writing. A party that does not timely identify a witness under Rule 26 may not use that witness to supply evidence at a trial unless the failure was substantially justified or is harmless. Indeed, Rule 37(c)(1) is intended to put teeth into the mandatory disclosure requirements of Rule 26(a) and (e).


      Ollier v. Sweetwater Union High School Dist., 768 F.3d 843, 861 (9th Cir. 2014). Factors that the Court may consider include: "(1) the prejudice or surprise to the party against whom the testimony is offered; (2) the ability of the party to cure the prejudice; (3) the extent to which introducing such testimony would disrupt the trial; and (4) the moving party’s bad faith or willfulness." Woodworker’s Supply, Inc. v.

      Principal Mut. Life Ins. Co., 170 F.3d 985, 993 (10th Cir. 1999).

      2:00 PM

      CONT...


      Narinder Sangha


      Chapter 7


      Here, applying the legal standard set for in Ollier and Woodworker’s Supply, the Court finds that Plaintiff has established caused to preclude Defendant from introducing witnesses who were not timely and properly disclosed. The Court notes that the evidence submitted in support of the motion establishes that Plaintiff took the initiative to prompt Defendant to supplement or amend his discovery responses, and that Defendant did not use the opportunity to disclose the witnesses. Defendant has not offered an adequate explanation to justify the non-disclosure, and, at this late stage of the proceeding, the Court cannot conclude that the error is harmless. See, e.g., Davis v. Green, 2015 WL 3505665 at *3 (N.D. Ga. 2015) ("The Court also finds that the failure to disclose these witnesses is not harmless because Defendant Green did not have the opportunity to depose them and conduct proper discovery."); see also Ollier, 768 F.3d at 862-63 (outlining harm to adversarial system by non-compliance with disclosure requirements).


      Finally, the Court deems Defendant’s failure to oppose to be consent to the relief requested pursuant to Local Rule 9013-1(h).


      Tentative Ruling:



      The Court is inclined to GRANT the motion, prohibiting Defendant from introducing witness testimony from Randy Wissel, James Sutherland, Mark Rappaport, Robert Burns, and Clem Jones.


      APPEARANCES REQUIRED.


      Party Information

      Debtor(s):

      Narinder Sangha Represented By Deepalie M Joshi

      2:00 PM

      CONT...


      Narinder Sangha


      Chapter 7

      Defendant(s):

      Narinder Sangha Represented By Deepalie M Joshi

      Movant(s):

      Charles Edward Schrader Pro Se

      Plaintiff(s):

      Charles Edward Schrader Pro Se

      Trustee(s):

      Karl T Anderson (TR) Pro Se

      2:00 PM

      6:13-16964


      Narinder Sangha


      Chapter 7

      Adv#: 6:13-01171 Schrader v. Sangha


      #9.00 CONT Pre-Trial Conference RE: [1] Adversary case 6:13-ap-01171. Complaint by Charles Edward Schrader against Narinder Sangha . willful and malicious injury))


      From: 4/17/19, 5/22/19, 8/28/19, 11/6/19, 1/29/20, 3/4/20, 4/1/20, 4/22/20, 7/1/20, 9/2/20, 9/9/20, 11/18/20


      (Holding Date) Also #8

      EH     


      (Tele. appr. Charles Schrader, pro se Plaintiff)


      Docket 1


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Narinder Sangha Represented By Deepalie M Joshi

      Defendant(s):

      Narinder Sangha Represented By Deepalie M Joshi

      Plaintiff(s):

      Charles Edward Schrader Pro Se

      Trustee(s):

      Karl T Anderson (TR) Pro Se

      2:00 PM

      CONT...


      Narinder Sangha


      Chapter 7

      2:00 PM

      6:13-27344


      Douglas J Roger, MD, Inc., A Professional Corporat


      Chapter 7

      Adv#: 6:15-01308 Revere Financial Corporation v. BWI CONSULTING, LLC et al


      #10.00 CONT Status Conference RE: [1] Adversary case 6:15-ap-01308. Complaint by

      A. Cisneros against BWI CONSULTING, LLC, Black and White, Inc., BLACK AND WHITE BILLING COMPANY, BLACK AND WHITE INK, MEHRAN DEVELOPMENT CORPORATION. (Charge To Estate $350). for Avoidance, Recovery, and Preservation of Preferential and Fraudulent Transfers (with Adversary Proceeding Cover Sheet) Nature of Suit: (12 (Recovery of money/property - 547 preference)),(14 (Recovery of money/property - other))


      From: 1/13/16, 3/23/16, 5/25/16, 7/27/16, 8/31/16, 11/2/16, 2/1/17, 5/3/17, 9/13/17, 12/13/17, 2/14/18, 5/16/18, 6/11/18, 8/22/18, 11/28/18, 2/27/19,

      5/29/19, 8/28/19, 11/20/19, 1/29/20, 5/27/20, 7/29/20, 9/30/20, 11/25/20


      EH     


      Docket 1

      *** VACATED *** REASON: CONTINUED TO 2/17/21 @ BY ORDER ENTERED 11/30/20

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Douglas J Roger, MD, Inc., A Represented By Summer M Shaw Michael S Kogan George Hanover

      Defendant(s):

      BWI CONSULTING, LLC Pro Se

      Black and White, Inc. Pro Se

      BLACK AND WHITE BILLING Pro Se

      BLACK AND WHITE INK Pro Se

      2:00 PM

      CONT...


      Douglas J Roger, MD, Inc., A Professional Corporat


      Chapter 7

      MEHRAN DEVELOPMENT Pro Se

      Plaintiff(s):

      Revere Financial Corporation Represented By Franklin R Fraley Jr

      Trustee(s):

      Arturo Cisneros (TR) Represented By Chad V Haes

      D Edward Hays Franklin R Fraley Jr

      2:00 PM

      6:13-27344


      Douglas J Roger, MD, Inc., A Professional Corporat


      Chapter 7

      Adv#: 6:15-01307 Revere Financial Corporation v. OIC MEDICAL CORPORATION, a


      #11.00 CONT Status Conference RE: [1] Adversary case 6:15-ap-01307. Complaint by

      A. Cisneros against OIC MEDICAL CORPORATION, a California corporation, LIBERTY ORTHOPEDIC CORPORATION, a California corporation, UNIVERSAL ORTHOPAEDIC GROUP, a California corporation. (Charge To Estate $350). for Avoidance, Recovery, and Preservation of Preferential and Fraudulent Transfers (with Adversary Proceeding Cover Sheet) Nature of Suit: (12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other))


      From: 12/30/15, 2/24/16, 4/13/16, 6/22/16, 8/24/16, 11/2/16, 2/1/17, 3/8/17, 7/12/17, 9/13/17, 11/15/17, 2/14/18, 5/16/18, 7/25/18, 8/22/18, 10/31/18,

      11/14/18, 12/12/18, 12/19/18, 3/27/19, 6/12/19, 7/31/19, Advanced 3/4/20,

      11/20/19, 1/29/20, 5/27/20, 7/29/20, 9/28/20, 11/25/20


      EH     


      Docket 1

      *** VACATED *** REASON: CONTINUED TO 2/17/21 BY ORDER ENTERED 11/30/20

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Douglas J Roger, MD, Inc., A Represented By Summer M Shaw Michael S Kogan George Hanover

      Defendant(s):

      OIC MEDICAL CORPORATION, a Represented By

      Misty A Perry Isaacson

      2:00 PM

      CONT...


      Douglas J Roger, MD, Inc., A Professional Corporat


      Chapter 7

      LIBERTY ORTHOPEDIC Represented By

      Misty Perry Isaacson Misty A Perry Isaacson

      UNIVERSAL ORTHOPAEDIC Represented By

      Misty Perry Isaacson Misty A Perry Isaacson

      Plaintiff(s):

      Revere Financial Corporation Represented By Franklin R Fraley Jr

      Trustee(s):

      Arturo Cisneros (TR) Represented By Chad V Haes

      D Edward Hays Franklin R Fraley Jr

      2:00 PM

      6:13-27611


      Douglas Jay Roger


      Chapter 7

      Adv#: 6:16-01163 Revere Financial Corporation v. Burns


      #12.00 CONT Pre-Trial Conference RE: [1] Adversary case 6:16-ap-01163. Complaint by Revere Financial Corporation against Don C. Burns. (12 (Recovery of money/property - 547 preference)),(11 (Recovery of money/property - 542 turnover of property)),(14 (Recovery of money/property - other)),(91 (Declaratory judgment))(Fraley, Franklin)


      From: 8/31/16, 11/2/16, 1/11/17, 3/8/17, 6/7/17, 8/2/17, 8/23/17, 11/8/17, 1/31/18, 4/25/18, 2/27/18, 6/12/19, 1/29/20, 5/27/20, 9/30/20, 10/26/20


      EH     


      Docket 1

      *** VACATED *** REASON: CONTINUED TO 2/17/21 BY ORDER ENTERED 10/30/20

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Douglas Jay Roger Represented By Summer M Shaw Marc C Forsythe

      Defendant(s):

      Don Cameron Burns Represented By Don C Burns

      Plaintiff(s):

      Revere Financial Corporation Represented By Franklin R Fraley Jr

      Trustee(s):

      Helen R. Frazer (TR) Represented By

      2:00 PM

      CONT...


      Douglas Jay Roger


      Arjun Sivakumar Carmela Pagay Franklin R Fraley Jr


      Chapter 7

      2:00 PM

      6:13-27611


      Douglas Jay Roger


      Chapter 7

      Adv#: 6:14-01248 Revere Financial Corporation, a California corpora v. Roger, MD


      #13.00 CONT Status Conference RE: Amended Complaint (First) by Revere Financial Corporation and Jerry Wang, as State-Court Appointed Receiver by Franklin R Fraley Jr on behalf of Revere Financial Corporation, a California corporation against Revere Financial Corporation, a California corporation. (Attachments: # 1 Exhibit 1-8)


      From: 4/25/18, 6/13/18, 8/22/18, 10/31/18, 7/31/19, 9/11/19, 11/20/19, 1/29/20, 5/27/20, 7/29/20, 9/30/20, 11/25/20


      EH     


      Docket 82

      *** VACATED *** REASON: CONTINUED TO 2/17/21 BY ORDER ENTERED 11/30/20

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Douglas Jay Roger Represented By Summer M Shaw Marc C Forsythe

      Defendant(s):

      Douglas J Roger MD Represented By Summer M Shaw Thomas J Eastmond Marc C Forsythe

      Plaintiff(s):

      Revere Financial Corporation, a Represented By Franklin R Fraley Jr

      Jerry Wang Represented By

      2:00 PM

      CONT...


      Trustee(s):


      Douglas Jay Roger


      Franklin R Fraley Jr Anthony J Napolitano


      Chapter 7

      Helen R. Frazer (TR) Represented By Arjun Sivakumar Carmela Pagay

      Franklin R Fraley Jr

      2:00 PM

      6:13-27611


      Douglas Jay Roger


      Chapter 7


      #14.00 CONT Objection to Claim #17 by Revere Financial Corporation

      (Holding date)


      From: 10/1/14, 11/5/14, 12/3/14, 12/15/14, 1/28/15, 4/15/15, 7/22/15, 9/23/15, 10/21/15, 11/18/15, 12/16/15, 1/13/16, 3/2/16, 5/4/16, 6/1/16, 9/28/16, 11/16/16,

      2/1/17, 2/16/17, 5/3/17, 6/14/17, 6/28/17, 9/20/17, 3/21/18, 6/27/18, 12/19/18,

      3/27/19, 5/8/19, 6/12/19, 7/31/19, 1/29/20, 5/27/20, 7/29/20, 9/30/20, 11/25/20


      EH        


      Docket 333

      *** VACATED *** REASON: CONTINUED TO 2/17/21 BY ORDER ENTERED 11/30/20

      Tentative Ruling:

      Party Information

      Debtor(s):

      Douglas Jay Roger Represented By Summer M Shaw Marc C Forsythe

      Trustee(s):

      Helen R. Frazer (TR) Represented By Arjun Sivakumar Carmela Pagay

      Franklin R Fraley Jr

      2:00 PM

      6:17-18617


      Christy Carmen Hammond


      Chapter 7


      #15.00 CONT Motion for Order Compelling Debtor to Vacate and Turnover Real Property

      HOLDING DATE


      From: 11/13/19, 12/18/19, 5/20/20, 9/9/20, 11/4/20


      Also # EH         

      Docket 40

      *** VACATED *** REASON: CONTINUED TO 1/6/21 BY ORDER ENTERED ON 10/28/20

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Christy Carmen Hammond Represented By Eric C Morris

      Movant(s):

      Robert Whitmore (TR) Represented By Douglas A Plazak

      Trustee(s):

      Robert Whitmore (TR) Represented By Douglas A Plazak

      2:00 PM

      6:17-18617


      Christy Carmen Hammond


      Chapter 7

      Adv#: 6:19-01144 Whitmore v. Hammond


      #16.00 CONT Status Conference RE: [1] Adversary case 6:19-ap-01144. Complaint by Robert S. Whitmore against Kenneth Hammond. (Charge To Estate) $350.00 (Attachments: # 1 Adversary Proceeding Cover Sheet # 2 Unexecuted Summons) Nature of Suit: (11 (Recovery of money/property - 542 turnover of property)),(31 (Approval of sale of property of estate and of a co-owner - 363(h))),(91 (Declaratory judgment))

      HOLDING DATE


      From: 12/18/19, 5/20/20, 9/9/20, 11/4/20 EH         

      Docket 1

      *** VACATED *** REASON: CONTINUED TO 1/6/21 @ 2:00 P.M. BY ORDER ENTERED ON 10/28/20

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Christy Carmen Hammond Represented By Eric C Morris

      Defendant(s):

      Kenneth Hammond Pro Se

      Plaintiff(s):

      Robert S. Whitmore Represented By Douglas A Plazak

      Trustee(s):

      Robert Whitmore (TR) Represented By Douglas A Plazak

      2:00 PM

      6:17-18617


      Christy Carmen Hammond


      Chapter 7


      #17.00 CONT Motion to Disallow Homestead Exemption

      HOLDING DATE


      From: 12/18/19, 5/20/20, 9/9/20, 11/4/20 Also #

      EH     


      Docket 49

      *** VACATED *** REASON: CONTINUED TO 1/6/21 BY ORDER ENTERED ON 10/28/20

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Christy Carmen Hammond Represented By Eric C Morris

      Movant(s):

      Robert Whitmore (TR) Represented By Douglas A Plazak

      Trustee(s):

      Robert Whitmore (TR) Represented By Douglas A Plazak

      2:00 PM

      6:18-10939


      Vance Zachary Johnson


      Chapter 7

      Adv#: 6:18-01106 Bankers Healthcare Group, LLC v. Johnson


      #18.00 CONT Pre-Trial Conference RE: [1] Adversary case 6:18-ap-01106. Complaint by Bankers Healthcare Group, LLC against Vance Zachary Johnson. 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)) (Turoci, Todd)


      From: 7/10/18, 2/20/19, 4/24/19, 7/3/19, 7/17/19, 8/21/19, 11/20/19, 1/29/20, 3/25/20, 4/1/20, 4/15/20, 7/1/20, 7/29/20, 10/7/20, 10/14/20


      EH         


      (Tele. appr. Ryan Riddles, rep. Defendant, Vance Johnson)


      (Tele. appr. Todd Turoci, rep. Plaintiff, Bankers Health Care Group)


      Docket 1


      Tentative Ruling:

      4/15/20

      TENTATIVE RULING

      Opposition: None Service: Proper


      Pursuant to the stipulation agreement between Bankers Health Care Group, LLC, and Vance Zachary Johnson, the Court GRANTS this stipulation to continue Status Conference to July 1, 2020. A Status Report is due on June 24, 2020.


      APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


      Party Information

      2:00 PM

      CONT...

      Debtor(s):


      Vance Zachary Johnson


      Chapter 7

      Vance Zachary Johnson Represented By Robert P Goe

      Defendant(s):

      Vance Zachary Johnson Represented By Robert P Goe Stephen Reider

      Plaintiff(s):

      Bankers Healthcare Group, LLC Represented By

      Todd L Turoci

      Trustee(s):

      Todd A. Frealy (TR) Represented By Monica Y Kim

      2:00 PM

      6:19-10556


      Timothy Mark Aitken


      Chapter 7

      Adv#: 6:20-01022 Grobstein v. Aitken


      #19.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01022. Complaint by Howard Grobstein against Alicia Aitken. (Charge To Estate). with adversary cover sheet Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer))


      From: 5/6/20, 6/10/20, 7/1/20, 8/19/20, 9/30/20 Also #

      EH     


      (Tele. appr. Larry Simons rep. Plaintiff, Howard Grobstein)


      Docket 1


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Timothy Mark Aitken Pro Se

      Defendant(s):

      Alicia Aitken Pro Se

      Joint Debtor(s):

      Esmeralda Aitken Pro Se

      Plaintiff(s):

      Howard Grobstein Represented By Larry D Simons

      2:00 PM

      CONT...

      Trustee(s):


      Timothy Mark Aitken


      Chapter 7

      Howard B Grobstein (TR) Represented By Larry D Simons

      2:00 PM

      6:19-12225


      Nathaniel James Cardiel


      Chapter 7

      Adv#: 6:19-01135 O'Gara Coach Company, LLC v. Cardiel


      #20.00 CONT Status Conference RE: [1] Adversary case 6:19-ap-01135. Complaint by O'Gara Coach Company, LLC against Nathaniel James Cardiel. false pretenses, false representation, actual fraud)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)),(65 (Dischargeability - other)),(41 (Objection / revocation of discharge - 727(c),(d),(e))) (Polis, Thomas)


      From: 12/11/19, 5/20/20, 7/1/20, 9/30/20, 10/28/20


      Also #21 EH     

      (Tele. appr. Thomas Polis, rep. Plaintiff O'Gara Coach Company)


      Docket 1

      *** VACATED *** REASON: ORDER ENTERED 11/17/20 DISMISSING ADVERSARY

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Nathaniel James Cardiel Represented By Sevan Gorginian

      Defendant(s):

      Nathaniel James Cardiel Represented By

      W. Derek May

      Plaintiff(s):

      O'Gara Coach Company, LLC Represented By Thomas J Polis

      2:00 PM

      CONT...

      Trustee(s):


      Nathaniel James Cardiel


      Chapter 7

      Howard B Grobstein (TR) Pro Se

      2:00 PM

      6:19-12225


      Nathaniel James Cardiel


      Chapter 7

      Adv#: 6:19-01135 O'Gara Coach Company, LLC v. Cardiel


      #21.00 CONT Plaintiff O'Gara Coach Company's Motion For Summary Judgmemt (Holding Date)


      From: 7/1/20, 9/30/20, 10/28/20 Also #20

      EH     


      (Tele. appr. Thomas Polis, rep. Plaintiff O'Gara Coach Company)


      Docket 18

      *** VACATED *** REASON: ORDER ENTERED 11/17/20 DISMISSING ADVERSARY

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Nathaniel James Cardiel Represented By Sevan Gorginian

      Defendant(s):

      Nathaniel James Cardiel Represented By

      W. Derek May

      Movant(s):

      O'Gara Coach Company, LLC Represented By Thomas J Polis

      Plaintiff(s):

      O'Gara Coach Company, LLC Represented By Thomas J Polis

      2:00 PM

      CONT...

      Trustee(s):


      Nathaniel James Cardiel


      Chapter 7

      Howard B Grobstein (TR) Pro Se

      2:00 PM

      6:19-16470


      Ana Rosa Lopez


      Chapter 7

      Adv#: 6:20-01104 Grobstein v. Torres


      #22.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01104. Complaint by Howard B Grobstein against Joshua Daniel Torres. (Charge To Estate -

      $350.00). Complaint for: (1) Avoidance of Actual Fraudulent Transfer [11 U.S.C.

      § 548(a)(1)(A)]; (2) Avoidance of Constructive Fraudulent Transfer [11 U.S.C. § 548(a)(1)(B)]; and (3) Recovery of Avoided Transfer [11 U.S.C. §550] (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Madoyan, Noreen)


      From: 7/22/20, 10/28/20 EH     

      Docket 1

      *** VACATED *** REASON: ADVERSARY DISMISSED 11/10/2020

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Ana Rosa Lopez Represented By Raymond Perez

      Defendant(s):

      Joshua Daniel Torres Represented By Raymond Perez

      Plaintiff(s):

      Howard B Grobstein Represented By Noreen A Madoyan Meghann A Triplett

      Trustee(s):

      Howard B Grobstein (TR) Represented By

      2:00 PM

      CONT...


      Ana Rosa Lopez


      Noreen A Madoyan Meghann A Triplett


      Chapter 7

      2:00 PM

      6:19-19337


      Marc Anthony Capoccia


      Chapter 7

      Adv#: 6:20-01012 Canyon Springs Enterprises dba RSH Construction Se v. Capoccia


      #23.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01012. Complaint by Canyon Springs Enterprises dba RSH Construction Services, a California corporation against Marc Anthony Capoccia. 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)) (Schlecter, Daren)


      From: 3/25/20, 4/1/20 EH     

      (Tele. appr. Daren Schlecter, rep. Plaintiff Canyon Springs Enterprises)


      Docket 1


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Marc Anthony Capoccia Represented By Douglas A Crowder

      Defendant(s):

      Marc Anthony Capoccia Pro Se

      Plaintiff(s):

      Canyon Springs Enterprises dba Represented By

      David P Berschauer Daren M Schlecter

      Trustee(s):

      Larry D Simons (TR) Pro Se

      2:00 PM

      6:20-11490


      Niels Erik Torring


      Chapter 7

      Adv#: 6:20-01123 Thompson v. Torring


      #24.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01123. Complaint by Greg Thompson against Niels Erik Torring . 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))


      From: 9/2/20, 10/7/20, 10/14/20 Also #25

      EH     


      (Tele. appr. John Dickman, rep. Plaintiff Greg Thompson) (Tele. appr. Niels Torring, Defendant pro se)

      Docket 1


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Niels Erik Torring Pro Se

      Defendant(s):

      Niels Erik Torring Pro Se

      Joint Debtor(s):

      Sonja Haupt Torring Pro Se

      Plaintiff(s):

      Greg Thompson Represented By John G Dickman

      2:00 PM

      CONT...

      Trustee(s):


      Niels Erik Torring


      Chapter 7

      Steven M Speier (TR) Pro Se

      2:00 PM

      6:20-11490


      Niels Erik Torring


      Chapter 7

      Adv#: 6:20-01123 Thompson v. Torring


      #25.00 CONT Plaintiff's Motion for Default Judgment under LBR 7055-1 From 10/14/20

      Also #24 EH     

      (Tele. appr. John Dickman, rep. Plaintiff Greg Thompson) (Tele. appr. Niels Torring, Defendant pro se)

      Docket 11

      Tentative Ruling:

      12/2/2020

      BACKGROUND


      On February 25, 2020, Niels & Sonja Torring (collectively, "Debtors") filed a pro se Chapter 7 voluntary petition. On July 10, 2020, Debtors received a Chapter 7 discharge.


      On July 1, 2020, Greg Thompson ("Plaintiff") filed a complaint against Niels Thompson ("Defendant") to determine dischargeability of debt pursuant to 11 U.S.C.

      § 523(a)(2)(A), (a)(4), and (a)(6). On August 10, 2020, the clerk entered Defendant’s default.

      2:00 PM

      CONT...


      Niels Erik Torring


      Chapter 7

      On September 18, 2020, Plaintiff filed a motion for default judgment. On October 2, 2020, Defendant filed a pro se pleading, which appears to be an answer, but could also be construed as an opposition to the motion for default judgment. The pleading alleges that the adversary complaint fails to state a claim and is barred by the statute of limitations.


      On October 14, 2020, the Court held a hearing on the motion for default judgment. The Court noted that the meeting of creditors was originally set for April 2, 2020, and, therefore, the complaint appeared to have been filed untimely pursuant to FED. R. BANKR. P. Rule 4007(c). The Court continued the matter for supplemental briefing.


      On November 3, 2020, Plaintiff filed his supplemental brief. Plaintiff argued, inter alia, that the Court extended the deadline to file a non-dischargeability complaint in this case and that Defendant lacked standing to present affirmative defenses. On November 18, 2020, Defendant filed his pro se opposition brief, reiterating his position that the complaint was filed untimely and requesting that his "answer" be permitted to be filed late.


      DISCUSSION


      Plaintiff’s argument that the Rule 4007 deadline has been extended in this case is based on Judge Tighe’s General Order 20-03, dated March 23, 2020. Paragraph 5 of General Order 20-03 purported to extend the Rule 4007(c) deadline for cases in which the original meeting of creditors was scheduled between March 17, 2020 and April 10, 2020, with the new deadline being calculated from the re-set meeting of creditors. In Debtor’s case, the meeting of creditors originally set for April 2, 2020, was re-set for May 5, 2020 pursuant to a notice entered on April 6, 2020. As a result, the Court concludes that Plaintiff is correct that the Rule 4007 deadline in this case was extended (to July 6, 2020), and, therefore, that the instant complaint was timely filed.


      The Court now turns to the merits of Plaintiff’s motion for default judgment.

      2:00 PM

      CONT...


      Niels Erik Torring

      1. Proper Service of Summons and Complaint


        Chapter 7


        FED. R. BANKR. P. Rule 7004(b)(1) states, in part:


        1. ervice may be made within the United States by first class mail postage prepaid as follows:


          1. Upon an individual other than an infant or incompetent, by mailing a copy of the summons and complaint to the individual’s dwelling house or usual place of abode or to the place where the individual regularly conducts a business or profession.


        Here, Defendant was served at 24317 Songsparrow Ln., Corona, CA 92883, the address listed by Defendant on his bankruptcy petition. Therefore, it appears that service is proper.


      2. Merits of Plaintiff’s claim


      Upon default, the factual allegations of the complaint, except those relating to the amount of damages, will be taken as true. TeleVideo Systems, Inc. v. Heidenthal, 826 F.2d 915, 917 (9th Cir. 1987); see also Almog v. Golden Summit Investors Group, Ltd., 2012 WL 12867972 at *4 (C.D. Cal. 2012) ("When reviewing a motion for default judgment, the Court must accept the well-pleaded allegations of the complaint relating to liability as true.").


      Here, the complaint includes three causes of action: (1) 11 U.S.C. § 523(a)(2)(A); (2)

      2:00 PM

      CONT...


      Niels Erik Torring


      Chapter 7

      11 U.S.C. § 523(a)(4); and (3) 11 U.S.C. § 523(a)(6).


      Regarding the first cause of action, the elements of a § 523(a)(2)(A) claim are: (1) the debtor made representations; (2) that at the time debtor knew the representations were false; (3) that debtor made the representations with the intention and purpose of deceiving the creditor; (4) that the creditor relied on such representations; and (5) that the creditor sustained the alleged loss and damage as the proximate result of the misrepresentations having been made. See, e.g., In re Sabban, 600 F.3d 1219, 1222 (9th Cir. 2010).


      Here, the Court concludes that the complaint does not contain sufficiently detailed allegations to warrant judgment on a § 523(a)(2)(A) cause of action. Specifically, the only factual representation that the complaint appears to allege was false was that Defendant was a licensed broker of automobiles. The complaint, and the instant motion for default judgment, however, do not meet the heightened pleading standards associated with pleading fraud. Instead, the complaint, and the declaration of Plaintiff attached to the motion for default judgment, simply state that Defendant led Plaintiff to believe that Defendant was a licensed broker of automobiles, and do not contain the requisite supporting details. See, e.g., Camasta v. Jos. A. Bank Clothiers, Inc., 761 F.3d 732, 737 (7th Cir. 2014) ("While the precise level of particularity required under Rule 9(b) depends upon the facts of the case, the pleading ‘ordinarily requires describing the who, what, when, where, and how of the fraud.’").


      Regarding 11 U.S.C. § 523(a)(4), the complaint appears to allege that Defendant embezzled funds from Plaintiff. The elements of an embezzlement claim are: "(1) property rightfully in the possession of a nonowner; (2) nonowner’s appropriation of the property to a use other than which it was entrusted; and (3) circumstances indicating fraud." In re Littleton, 942 F.2d 551, 555 (9th Cir. 1991).


      Here, while the complaint does contain allegations regarding the first and third elements of an embezzlement claim, the complaint does not, at any point, allege that Defendant appropriated money or property of Plaintiff "to a use other than which it was entrusted."

      2:00 PM

      CONT...


      Niels Erik Torring


      Chapter 7



      Regarding 11 U.S.C. § 523(a)(6), a claim for willful and malicious injury, the willfulness requirement is met when "the debtor subjectively intended to cause injury to the creditor or the debtor subjectively believed that the injury was substantially certain to occur to the creditor as a result of her actions." In re Chunchai Yu, 2016 WL 4261655 at *3 (B.A.P. 9th Cir. 2016). "The [d]ebtor is charged with the knowledge of the natural consequences of his actions." In re Ormsby, 591 F.3d 1199, 1207 (9th Cir. 2010). "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 Jercich, 238 F.3d 1202, 1209 (9th Cir. 2001).


      Here, the allegations do not appear to be sufficiently pled to meet the § 523(a)(6) standards. For example, Plaintiff has obtained a state court judgment that found that Defendant "demonstrated a conscious disregard for the rights and property of the plaintif." But "acts in conscious disregard of another’s rights or safety [] fail to satisfy the requisite state of mind for § 523(a)(6) willfulness." In re Plyam, 530 B.R. 456, 465 (B.A.P. 9th Cir. 2015). Nor is it clear that any of the allegations present in the complaint rise to the level of maliciousness. See, e.g., In re Jercich, 238 F.3d 1202, 1206 (9th Cir. 2001) ("We therefore hold that to be excepted from discharge under

      § 523(a)(6), a breach of contract must be accompanied by some form of ‘tortious conduct.’").


      TENTATIVE RULING



      For the foregoing reasons, the Court is inclined to DENY the motion.


      APPEARANCES REQUIRED.



      Party Information

      Debtor(s):

      Niels Erik Torring Pro Se

      2:00 PM

      CONT...


      Niels Erik Torring


      Chapter 7

      Defendant(s):

      Niels Erik Torring Pro Se

      Joint Debtor(s):

      Sonja Haupt Torring Pro Se

      Movant(s):

      Greg Thompson Represented By John G Dickman

      Plaintiff(s):

      Greg Thompson Represented By John G Dickman

      Trustee(s):

      Steven M Speier (TR) Pro Se

      2:00 PM

      6:20-12197


      Russell Ray Bomar, Jr.


      Chapter 7

      Adv#: 6:20-01151 Chaffey Federal Credit Union v. Bomar, Jr.


      #26.00 CONT. Status Conference RE: [1] Adversary case 6:20-ap-01151. Complaint by Chaffey Federal Credit Union against Russell Ray Bomar Jr.. false pretenses, false representation, actual fraud)) (Simon, A. Lysa)


      EH     


      From: 11/4/20


      (Tele. appr. Lysa Simon, rep. Plaintiff Chaffey Federal Credit Union)


      Docket 1


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Russell Ray Bomar Jr. Represented By Neil R Hedtke

      Defendant(s):

      Russell Ray Bomar Jr. Represented By

      A. Lysa Simon

      Plaintiff(s):

      Chaffey Federal Credit Union Represented By

      A. Lysa Simon

      Trustee(s):

      Karl T Anderson (TR) Pro Se

      2:00 PM

      6:20-14283


      Donyel Betrice Johnson


      Chapter 7

      Adv#: 6:20-01163 Phillips Chiropractic, Inc. v. Johnson


      #27.00 CONT. Status Conference re: Complaint by Phillips Chiropractic, Inc. against Donyel Betrice Johnson . (d),(e))) ,(62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)) ,(68 (Dischargeability - 523(a)(6), willful and malicious injury))


      *Another Summons issued 10/14/20 From: 11/25/20

      EH     


      (Tele. appr. John Sarai rep. Defendant, Donyel Beatrice Johnson) (Tele. appr. J. Phillips, pro se Plaintiff)

      Docket 1


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Donyel Betrice Johnson Represented By John D Sarai

      Defendant(s):

      Donyel Betrice Johnson Represented By John D Sarai

      Plaintiff(s):

      Phillips Chiropractic, Inc. Pro Se

      Trustee(s):

      Steven M Speier (TR) Pro Se

      2:00 PM

      CONT...


      Donyel Betrice Johnson


      Chapter 7

      11:00 AM

      6:15-15912


      Elgitha B Baldonado-Ranosa


      Chapter 13


      #1.00 Debtor's Motion to Avoid Junior Lien on Principal Residence with Bank of America EH         

      Docket 14


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Elgitha B Baldonado-Ranosa Represented By Charles W Daff

      Movant(s):

      Elgitha B Baldonado-Ranosa Represented By Charles W Daff Charles W Daff

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:15-16079


      Tracy Lynne Crooks


      Chapter 13


      #2.00 Debtor's Motion Objecting to Claim Number 7 by Claimant Education Loan Solutions, LLC. with proof of service


      EH     


      (Tele. appr. Joey De Leon, rep. Chapter 13 Trustee) (Tele. appr. Jennifer Tanios, rep. Debtor)

      Docket 128

      Tentative Ruling:

      12/3/2020

      BACKGROUND:


      On June 17, 2015, Tracy Lynn Crooks ("Debtor") filed a Chapter 13 voluntary petition. On August 4, 2015, Debtor’s Chapter 13 plan was confirmed, and subsequently modified increasing the percentage to unsecured creditors to 100%.


      On December 14, 2015, Education Loan Solutions, LLC ("Creditor") filed a proof of claim for an unsecured claim in the amount of $4,436.30 ("Claim 7"). On October 30, 2020, Debtor filed the instant motion objecting to Claim 7. Debtor argues that there is nothing outstanding owed on Claim 7, and in any event, it was filed late because the deadline for filing claims was October 26, 2015.


      Debtor explains that $1,521.34 was already paid and thus this amount should be deemed allowed; however, with respect to the remaining $2,914.96, that amount should be disallowed. Trustee has already sent this amount to the Court’s unclaimed funds registry on August 5, 2020.


      DISCUSSION:


      Pursuant to 11 U.S.C. § 502(a), a proof of claim is deemed allowed unless a party in interest objects. Absent an objection, a proof of claim constitutes prima facie evidence

      11:00 AM

      CONT...


      Tracy Lynne Crooks


      Chapter 13

      of the validity and amount of the claim under Federal Rule of Bankruptcy Procedure ("FRBP") 3001(f). See Lundell v. Anchor Constr. Specialists, Inc., 223 F.3d 1035, 1039 (9th Cir. 2000). When a party files an objection to a proof of claim, that filing "creates a dispute which is a contested matter" within the meaning of FRBP 9014 and the Court must resolve the matter after notice and opportunity for hearing upon a motion for relief. Id.


      When a creditor has filed a proof of claim that complies with the rules (thereby giving rise to the presumption of validity), the burden shifts to the objecting party who must "present evidence to overcome the prima facie case." In re Medina, 205 B.R. 216, 222 (9th Cir. B.A.P. 1996). To defeat the claim, the objecting party must provide sufficient evidence and "show facts tending to defeat the claim by probative force equal to that of the allegations of the proofs of claim themselves." Lundell, 223 F.3d at 1039 (quoting In re Holm, 931 F.2d 620, 623 (9th Cir. 1991)). "The objector must produce evidence, which, if believed, would refute at least one of the allegations that is essential to the claim’s legal sufficiency." Lundell, 223 F.3d at 1040 (quoting In re Allegheny Int’l, Inc., 954 F.2d 167, 173-74 (3d Cir. 1992)). If the objecting party produces sufficient evidence to negate one or more of the sworn facts in the proof of claim, the burden reverts back to the claimant to prove the validity of the claim by a preponderance of the evidence. See In re Consol. Pioneer Mort, 178 B.R. 222, 226 (9th Cir. BAP 1995), aff’d, 91 F.3d 151 (9th Cir. 1996) (quoting Allegheny Int’l, 954 F.2d at 173-74). The ultimate burden of persuasion remains at all times on the claimant. See Lundell, 223 F.3d at 1039; see also Holm, 931 F.2d at 623.


      With respect to disallowing an untimely filed claim, 11 U.S.C. § 502(b)(9) provides:


  2. Except as provided in subsections (e)(2), (f), (g), (h) and (i) of this section, if such objection to a claim is made, the court, after notice and a hearing, shall determine the amount of such claim in lawful currency of the United States as of the date of the filing of the petition, and shall allow such claim in such amount, except to the extent that –

(9) proof of such claim is not timely filed, except to the extent tardily filed as permitted under paragraph (1), (2), or (3) of section 726(a) of this title or under the Federal Rules of Bankruptcy Procedure, except that a claim of a governmental unit shall be timely filed if it is filed before 180 days after the date of the order for relief or such later

11:00 AM

CONT...


Tracy Lynne Crooks

time as the Federal Rules of Bankruptcy Procedure may provide, and except that in a case under chapter 13, a claim of a governmental unit for a tax with respect to a return filed under section 1308 shall be timely if the claim is filed on or before the date that is 60 days after the date on which such return was filed as required.


Chapter 13


FED. R. BANKRP. P. Rule 3002(c) provides that the deadline for filing claims in a Chapter 13 case is 70 days after the order for relief; in this case that date was October 26, 2015. None of the exceptions in 11 U.S.C. § 502(b)(9) or Rule 3002(c) being applicable to this case, Claim 7 was filed late.


Furthermore, "the Ninth Circuit has repeatedly held that the deadline to file a proof of claim in a Chapter 13 proceeding is ‘rigid,’ and the bankruptcy court lacks equitable power to extent this deadline after the fact." In re Barker, 839 F.3d 1189, 1197 (9th Cir. 2016). "By virtue of Rule 9006(b)(3), a bankruptcy court does not have discretion to enlarge the time periods fixed by Rule 3002(c) nor permit an untimely claim when none of Rule 3002(c)’s five exceptions is applicable." In re Hayes, 327 B.R. 453, 458 (Bankr. C.D. Cal. 2005) (footnote omitted); see also In re Edelman, 237 B.R. 146, 152 (B.A.P. 9th Cir. 1999).


Finally, the Court notes that service was proper and no opposition was filed, which the Court deems consent to the relief requested pursuant to Local Rule 9013-1(h).


TENTATIVE RULING:


The Court is inclined to SUSTAIN the objection and DISALLOW Claim 7.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

Debtor(s):

Tracy Lynne Crooks Represented By Steven A Alpert

11:00 AM

CONT...

Movant(s):


Tracy Lynne Crooks


Chapter 13

Tracy Lynne Crooks Represented By Steven A Alpert

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-15980


Jonathon Keith Stoner and Jacqueline Belinda Stoner


Chapter 13


#3.00 Application for Compensation for Sundee M Teeple, Debtor's Attorney, Fee:

$1946.00, Expenses: $0.00 EH        

(Tele. appr. Joey De Leon, rep. Chapter 13 Trustee) (Tele. appr. Sundee Teeple, rep. Debtor)

Docket 66


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jonathon Keith Stoner Represented By Sundee M Teeple

Joint Debtor(s):

Jacqueline Belinda Stoner Represented By Sundee M Teeple

Movant(s):

Jonathon Keith Stoner Represented By Sundee M Teeple Sundee M Teeple

Jacqueline Belinda Stoner Represented By Sundee M Teeple Sundee M Teeple Sundee M Teeple

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

CONT...


Jonathon Keith Stoner and Jacqueline Belinda Stoner


Chapter 13

11:00 AM

6:19-16338


Joseph Bellotti and Regina Bellotti


Chapter 13


#4.00 Debtors' Motion to Disallow Claim of LVNV Funding, LLC Number Twenty-One (21) and motion for order disallowing claim


EH     


(Tele. appr. Joey De Leon, rep. Chapter 13 Trustee) (Tele. appr. Paul Lee, rep. Debtor)

Docket 43

Tentative Ruling:

12/3/2020

BACKGROUND:


On July 19, 2019, Joseph and Regina Bellotti ("Debtors") filed a Chapter 13 voluntary petition. Debtors’ Chapter 13 plan was confirmed on November 8, 2019.


On September 23, 2019, LVNV Funding, LLC ("Claimant") filed a proof of claim in the amount of $1,356.78 ("Claim 21"). On November 4, 2020, Debtors filed this instant motion objecting to Claim 21. Debtors argue that under California law, C.C.P. § 337, Claim 21 is barred by the statute of limitations, as the last payment on the contract was made on June 5, 2008, over four years prior to the filing of the petition.


DISCUSSION:


A proof of claim is deemed allowed unless a party in interest objects. 11 U.S.C. § 502(a). Absent an objection, a proof of claim constitutes prima facie evidence of the validity and amount of the claim under Federal Rule of Bankruptcy Procedure ("FRBP") 3001(f). See Lundell v. Anchor Constr. Specialists, Inc., 223 F.3d 1035, 1039 (9th Cir. 2000). When a party files an objection to a proof of claim, that filing "creates a dispute which is a contested matter" within the meaning of FRBP 9014 and the Court must resolve the matter after notice and opportunity for hearing upon a motion for relief. Id.

11:00 AM

CONT...


Joseph Bellotti and Regina Bellotti


Chapter 13


When a creditor has filed a proof of claim that complies with the rules (thereby giving rise to the presumption of validity), the burden shifts to the objecting party who must "present evidence to overcome the prima facie case." In re Medina, 205 B.R. 216, 222 (9th Cir. B.A.P. 1996). To defeat the claim, the objecting party must provide sufficient evidence and "show facts tending to defeat the claim by probative force equal to that of the allegations of the proofs of claim themselves." Lundell, 223 F.3d at 1039 quoting In re Holm, 931 F.2d 620, 623 (9th Cir. 1991). "The objector must produce evidence, which, if believed, would refute at least one of the allegations that is essential to the claim’s legal sufficiency." Lundell, 223 F.3d at 1040 quoting In re Allegheny Int’l, Inc., 954 F.2d 167, 173-74 (3d Cir. 1992).


If the objecting party produces sufficient evidence to negate one or more of the sworn facts in the proof of claim, the burden reverts back to the claimant to prove the validity of the claim by a preponderance of the evidence. See In re Consol. Pioneer Mort, 178 B.R. 222, 226 (9th Cir. BAP 1995), aff’d, 91 F.3d 151 (9th Cir. 1996) quoting Allegheny Int’l, 954 F.2d at 173-74. The ultimate burden of persuasion remains at all times on the claimant. See Lundell, 223 F.3d at 1039; see also Holm, 931 F.2d at 623.


Pursuant to 11 U.S.C. § 502(b)(1) claim objections may be based on non-bankruptcy law. § 502(b)(1) provides:


  1. Except as provided in subsections (e)(2), (f), (g), (h) and (i) of this section, if such objection to a claim is made, the court, after notice and a hearing, shall determine the amount of such claim in lawful currency of the United States as of the date of the filing of the petition, and shall allow such claim in such amount, except to the extent that –

    1. such claim is unenforceable against the debtor and property of the debtor, under any agreement or applicable law for a reason other than because such claim is contingent or unmatured;


11 U.S.C. § 502(b)(1) (emphasis added). Accordingly, "[a] claim cannot be allowed if it is unenforceable under non-bankruptcy law." Diamant v. Kasparian (in re Southern Cal. Plastics, Inc.), 165 F.3d 1243, 1247 (9th Cir. 1999).


Here, pursuant to the applicable non-bankruptcy law, C.C.P. § 337, Claim 21 is barred

11:00 AM

CONT...


Joseph Bellotti and Regina Bellotti


Chapter 13

by the four-year statute of limitations, as the last payment was made over twelve years ago. Therefore, the Court is inclined to find that Debtors have met their burden in objecting to the validity of the claim.


Further, the Court notes that service was proper and no opposition was filed, which the Court deems consent to the relief requested pursuant to Local Rule 9013-1(h).


TENTATIVE RULING:


The Court is inclined to SUSTAIN the objection and DISALLOW Claim 21.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


Party Information

Debtor(s):

Joseph Bellotti Represented By Paul Y Lee

Joint Debtor(s):

Regina Bellotti Represented By Paul Y Lee

Movant(s):

Joseph Bellotti Represented By Paul Y Lee

Regina Bellotti Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-17725


Michelle R. Rayner


Chapter 13


#5.00 Trustee's Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to modify plan or suspend plan payments


EH     


(Tele. appr. Joey De Leon, rep. Chapter 13 Trustee) (Tele. appr. Terrence Fantauzzi, rep. Debtor)

Docket 59


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Michelle R. Rayner Represented By Terrence Fantauzzi

Movant(s):

Rod Danielson (TR) Pro Se

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-18785


Phat M Khamkathok


Chapter 13


#6.00 Objection to Claim of Cavalry SPV I, LLC as Assignee of Capital One Bank (USA) NA Number One (1) and Motion for Order Disallowing Claim


EH         


(Tele. appr. Joey De Leon, rep. Chapter 13 Trustee) (Tele. appr. Paul Lee, rep. Debtor)

Docket 33


Tentative Ruling:

12/3/2020


BACKGROUND:


On October 4, 2019, Phat M. Khamkathok ("Debtor") filed a Chapter 13 voluntary petition. Debtor’s Chapter 13 plan was confirmed on January 15, 2020.


On September 23, 2019, Cavalry SPVI, LLC as assignee or Capital One Bank (USA),

N.A. ("Claimant") filed a proof of claim in the amount of $1,964.81 ("Claim 1"). On November 3, 2020, Debtor filed this instant motion objecting to Claim 1. Debtor argues that under California law, C.C.P. § 337, Claim 1 is barred by the statute of limitations, as the last payment on the credit card was made on April 8, 2011, over four years prior to the filing of the petition.


DISCUSSION:


A proof of claim is deemed allowed unless a party in interest objects. 11 U.S.C. § 502(a). Absent an objection, a proof of claim constitutes prima facie evidence of the validity and amount of the claim under Federal Rule of Bankruptcy Procedure ("FRBP") 3001(f). See Lundell v. Anchor Constr. Specialists, Inc., 223 F.3d 1035, 1039 (9th Cir. 2000). When a party files an objection to a proof of claim, that filing "creates a dispute which is a contested matter" within the meaning of FRBP 9014 and the Court must resolve the matter after notice and opportunity for hearing upon a motion for relief.

11:00 AM

CONT...

Id.


Phat M Khamkathok


Chapter 13


When a creditor has filed a proof of claim that complies with the rules (thereby giving rise to the presumption of validity), the burden shifts to the objecting party who must "present evidence to overcome the prima facie case." In re Medina, 205 B.R. 216, 222 (9th Cir. B.A.P. 1996). To defeat the claim, the objecting party must provide sufficient evidence and "show facts tending to defeat the claim by probative force equal to that of the allegations of the proofs of claim themselves." Lundell, 223 F.3d at 1039 quoting In re Holm, 931 F.2d 620, 623 (9th Cir. 1991). "The objector must produce evidence, which, if believed, would refute at least one of the allegations that is essential to the claim’s legal sufficiency." Lundell, 223 F.3d at 1040 quoting In re Allegheny Int’l, Inc., 954 F.2d 167, 173-74 (3d Cir. 1992).


If the objecting party produces sufficient evidence to negate one or more of the sworn facts in the proof of claim, the burden reverts back to the claimant to prove the validity of the claim by a preponderance of the evidence. See In re Consol. Pioneer Mort, 178 B.R. 222, 226 (9th Cir. BAP 1995), aff’d, 91 F.3d 151 (9th Cir. 1996) quoting Allegheny Int’l, 954 F.2d at 173-74. The ultimate burden of persuasion remains at all times on the claimant. See Lundell, 223 F.3d at 1039; see also Holm, 931 F.2d at 623.


Pursuant to 11 U.S.C. § 502(b)(1) claim objections may be based on non-bankruptcy law. § 502(b)(1) provides:


  1. Except as provided in subsections (e)(2), (f), (g), (h) and (i) of this section, if such objection to a claim is made, the court, after notice and a hearing, shall determine the amount of such claim in lawful currency of the United States as of the date of the filing of the petition, and shall allow such claim in such amount, except to the extent that –

    1. such claim is unenforceable against the debtor and property of the debtor, under any agreement or applicable law for a reason other than because such claim is contingent or unmatured;


11 U.S.C. § 502(b)(1) (emphasis added). Accordingly, "[a] claim cannot be allowed if it is unenforceable under non-bankruptcy law." Diamant v. Kasparian (in re Southern Cal. Plastics, Inc.), 165 F.3d 1243, 1247 (9th Cir. 1999).

11:00 AM

CONT...


Phat M Khamkathok


Chapter 13

Here, pursuant to the applicable non-bankruptcy law, C.C.P. § 337, Claim 1 is barred by the four-year statute of limitations, as the last payment was made over eight years ago. Therefore, the Court is inclined to find that Debtors have met their burden in objecting to the validity of the claim.


Further, the Court notes that service was proper and no opposition was filed, which the Court deems consent to the relief requested pursuant to Local Rule 9013-1(h).

TENTATIVE RULING:


The Court is inclined to SUSTAIN the objection and DISALLOW Claim 1.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


Party Information

Debtor(s):

Phat M Khamkathok Represented By Paul Y Lee

Movant(s):

Phat M Khamkathok Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-15287


Rebecca R Banuelos


Chapter 13


#7.00 CONT. Debtor's Motion to Avoid Lien Junior Lien with Household Finance Corp of California Serviced by NewRez


Also #8


From: 10/19/20 EH     

Docket 33

Tentative Ruling: 11/19/2020

Service: Proper Opposition: None


The Court, having reviewed the motion, notice appearing proper and no opposition having been filed, is inclined to GRANT the motion, AVOIDING the lien of Household Finance Corporation of California conditioned upon completion of the Chapter 13 plan.


APPEARANCES REQUIRED.

Party Information

Debtor(s):

Rebecca R Banuelos Represented By Julie J Villalobos

Movant(s):

Rebecca R Banuelos Represented By Julie J Villalobos

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-15287


Rebecca R Banuelos


Chapter 13


#8.00 CONT. Confirmation of Chapter 13 Plan From: 10/29/20,11/19/20

Also #7 EH     


Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Rebecca R Banuelos Represented By Julie J Villalobos

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-15848


Nicholas Head


Chapter 13


#9.00 CONT. Confirmation of Chapter 13 Plan From: 11/19/20

EH     


Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Nicholas Head Represented By Christopher Hewitt

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-16119


Ethel Ntom Odimegwu


Chapter 13


#10.00 Confirmation of Chapter 13 Plan EH        

(Tele. appr. Joey De Leon, rep. Chapter 13 Trustee)


(Tele. appr. Joshua Mendelsohn, rep. creditor, The Marino Valley Ranch Community Association)


Docket 19


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Ethel Ntom Odimegwu Represented By Stephen L Burton

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-16138


Maria Barreto


Chapter 13


#11.00 Confirmation of Chapter 13 Plan EH        

Docket 14


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Maria Barreto Represented By Jaime A Cuevas Jr.

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-16168


Gail Flot Greenhouse


Chapter 13


#12.00 Confirmation of Chapter 13 Plan EH        

Docket 8


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Gail Flot Greenhouse Represented By Jeremiah D Raxter

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-16177


Charles Edward Nathanie Wright and Malika Unami


Chapter 13


#13.00 Confirmation of Chapter 13 Plan EH        

Docket 2

*** VACATED *** REASON: CASE DISMISSED 9/15/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Charles Edward Nathanie Wright Represented By

April E Roberts

Joint Debtor(s):

Malika Unami Wright Represented By April E Roberts

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-16199


Deborah Lynn Mullenix


Chapter 13


#14.00 Confirmation of Chapter 13 Plan EH        

(Tele. appr. Joey De Leon, rep. Chapter 13 Trustee) (Tele. appr. Joselina Medrano, rep. Debtor)


Docket 2


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Deborah Lynn Mullenix Represented By Joselina L Medrano

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-16201


David M. Rodarte


Chapter 13


#15.00 Confirmation of Chapter 13 Plan EH        

(Tele. appr. Joey De Leon, rep. Chapter 13 Trustee) (Tele. appr. James Hornbuckle, rep. Debtor)

Docket 16


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

David M. Rodarte Represented By

James D. Hornbuckle

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-16206


Craig M. Brewer and Rebecca J. Brewer


Chapter 13


#16.00 Confirmation of Chapter 13 Plan EH        

Docket 2


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Craig M. Brewer Represented By Terrence Fantauzzi

Joint Debtor(s):

Rebecca J. Brewer Represented By Terrence Fantauzzi

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-16234


Ernesto Ibarra and Maria Ibarra


Chapter 13


#17.00 Confirmation of Chapter 13 Plan EH        

(Tele. appr. Joey De Leon, rep. Chapter 13 Trustee)


(Tele. appr. Erin McCartney rep. creditor, Broker Solutions, Inc. dba American Funding)


(Tele. appr. Donna Travis, rep. Debtors)


Docket 2


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Ernesto Ibarra Represented By Dana Travis

Joint Debtor(s):

Maria Ibarra Represented By

Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-16241


Gabrielle Mendoza


Chapter 13


#18.00 Confirmation of Chapter 13 Plan EH        

(Tele. appr. Joey De Leon, rep. Chapter 13 Trustee) (Tele. appr. Nancy Clark, rep. Debtor)

Docket 2


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Gabrielle Mendoza Represented By Michael E Clark

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-16244


Marisol Smith


Chapter 13


#19.00 Confirmation of Chapter 13 Plan EH        

(Tele. appr. Joey De Leon, rep. Chapter 13 Trustee) (Tele. apr. Anthony Vigil, rep. Debtor)

Docket 2


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Marisol Smith Represented By Anthony B Vigil

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-16253


Jesus Pabloff and Virginia Pabloff


Chapter 13


#20.00 Confirmation of Chapter 13 Plan EH        

Docket 2


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jesus Pabloff Represented By

Tom A Moore

Joint Debtor(s):

Virginia Pabloff Represented By Tom A Moore

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-16266


James Henry House, III and Adria Ann House


Chapter 13


#21.00 Confirmation of Chapter 13 Plan EH        

(Tele. appr. Joey De Leon, rep. Chapter 13 Trustee) (Tele. appr. Donna Travis, rep. Debtors)

Docket 2


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

James Henry House III Represented By Dana Travis

Joint Debtor(s):

Adria Ann House Represented By Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-16283


Reggina Louise Gaines


Chapter 13


#22.00 Confirmation of Chapter 13 Plan EH        

(Tele. appr. Joey De Leon, rep. Chapter 13 Trustee) (Tele. appr. Justin Harelik, rep. Debtor)

Docket 2


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Reggina Louise Gaines Represented By

D Justin Harelik

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-16313


Cheryl Linda Fernandez


Chapter 13


#23.00 Confirmation of Chapter 13 Plan EH        

Docket 15


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Cheryl Linda Fernandez Represented By Brian J Soo-Hoo

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-16315


Jana Darlene Gentry


Chapter 13


#24.00 Confirmation of Chapter 13 Plan EH        

(Tele. appr. Joey De Leon, rep. Chapter 13 Trustee) (Tele. appr. Robert Firth, rep. Debtor)

Docket 2


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jana Darlene Gentry Represented By Robert L Firth

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:16-10385


Adolfo Gonzalez and Angelica Gonzalez


Chapter 13


#25.00 Trustee's Motion to Dismiss Case EH     

Docket 121


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Adolfo Gonzalez Represented By Jaime A Cuevas Jr.

Joint Debtor(s):

Angelica Gonzalez Represented By Jaime A Cuevas Jr.

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:17-13395


Valecia Renee Knox


Chapter 13


#26.00 CONT. Trustee's Motion to Dismiss Case From: 10/29/20

EH     


(Tele. appr. Joey De Leon, rep. Chapter 13 Trustee) (Tele. appr. Jennifer Tanios, rep. Debtor)

Docket 59


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Valecia Renee Knox Represented By

L. Tegan Rodkey

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:17-14972


Jude Okwor


Chapter 13


#27.00 Trustee's Motion to Dismiss Case EH     

Docket 99


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jude Okwor Represented By

Javier H Castillo

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:17-20240


Natona Smith and Tameiko Smith


Chapter 13


#28.00 CONT Trustee's Motion to Dismiss Case From: 8/24/20, 11/16/20

EH        


(Tele. appr. Joey De Leon, rep. Chapter 13 Trustee) (Tele. appr. Natalie Alvarado, rep. Debtors)


Docket 52


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Natona Smith Represented By Natalie A Alvarado

Joint Debtor(s):

Tameiko Smith Represented By Natalie A Alvarado

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:18-10416


Jose Guadalupe Lopez and Margarita Lopez


Chapter 13


#29.00 Trustee's Motion to Dismiss Case (Tax Returns/Refunds) EH     

Docket 76


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jose Guadalupe Lopez Represented By David Lozano

Joint Debtor(s):

Margarita Lopez Represented By David Lozano

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:18-10416


Jose Guadalupe Lopez and Margarita Lopez


Chapter 13


#30.00 Trustee's Motion to Dismiss Case (Delinquency) EH     

Docket 75

*** VACATED *** REASON: NOTICE OF WITHDRAWAL FILED 11/23/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jose Guadalupe Lopez Represented By David Lozano

Joint Debtor(s):

Margarita Lopez Represented By David Lozano

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:18-11701


Wayne Anthony King and Traci Ann Zweck


Chapter 13


#31.00 Trustee's Motion to Dismiss Case EH     

(Tele. appr. Joey De Leon, rep. Chapter 13 Trustee) (Tele. appr. Donna Travis, rep. Debtors)

Docket 99


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Wayne Anthony King Represented By Dana Travis

Joint Debtor(s):

Traci Ann Zweck Represented By Dana Travis

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:18-12177


Rodolfo Aguiar and Irma D Aguiar


Chapter 13


#32.00 Trustee's Motion to Dismiss Case EH     

Docket 79

*** VACATED *** REASON: NOTICE OF WITHDRAWAL FILED 10/28/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rodolfo Aguiar Represented By Alla Tenina

Joint Debtor(s):

Irma D Aguiar Represented By Alla Tenina

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:18-14053


Wallace Stanton Miles


Chapter 13


#33.00 CONT. Trustee's Motion to Dismiss Case From: 11/5/20

EH     


Docket 71

*** VACATED *** REASON: CASE DISMISSED ON 11/30/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Wallace Stanton Miles Represented By

Stuart G Steingraber

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:18-17556


Daniel Javier Garcia


Chapter 13


#34.00 Trustee's Motion to Dismiss Case EH     

Docket 104

*** VACATED *** REASON: NOTICE OF WITHDRAWAL FILED 11/23/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Daniel Javier Garcia Represented By Steven A Alpert

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-11911


Jorge Manuel Azmitia and Yoshiko Azmitia


Chapter 13


#35.00 Trustee's Motion to Dismiss Case EH     

Docket 96


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jorge Manuel Azmitia Represented By Nicholas M Wajda

Joint Debtor(s):

Yoshiko Azmitia Represented By Nicholas M Wajda

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-14735


Trinen Arniese Pratt


Chapter 13


#36.00 Trustee's Motion to Dismiss Case EH     

(Tele. appr. Joey De Leon, rep. Chapter 13 Trustee) (Tele. appr. Jennifer Tanios, rep. Debtor)


Docket 91


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Trinen Arniese Pratt Represented By

Rabin J Pournazarian

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-15330


Charles Dennis West


Chapter 13


#37.00 CONT. Trustee's Motion to Dismiss Case (Delinquent Plan payments) From: 11/19/20

EH     


Docket 46


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Charles Dennis West Represented By Erika Luna

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-15620


Linda Foster


Chapter 13


#38.00 Trustee's Motion to Dismiss Case EH     

Docket 40

*** VACATED *** REASON: NOTICE OF WITHDRAWAL FILED 11/30/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Linda Foster Represented By

Kevin Tang

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:20-10899


Elizabeth T Baker


Chapter 13


#39.00 Trustee's Motion to Dismiss Case EH     

(Tele. appr. Joey De Leon, rep. Chapter 13 Trustee) (Tele. appr. Nancy Korompis, rep. Debtor)

Docket 51


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Elizabeth T Baker Represented By Nancy Korompis

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:20-11946


Michelle Cadena Quinn


Chapter 13


#40.00 CONT Trustee's Motion to Dismiss Case From 10/15/20, 11/19/20

EH     


(Tele. appr. Joey De Leon, rep. Chapter 13 Trustee) (Tele. appr. Jennifer Tanios, rep. Debtor)


Docket 43


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Michelle Cadena Quinn Represented By Steven A Alpert

Trustee(s):

Rod Danielson (TR) Pro Se

12:00 PM

6:18-11520


Kiia Chree Wilson


Chapter 13


#41.00 Debtor's Motion for Relief from order entered as a result of fraud, misrepresentation, or misconduct by an opposing party, reinstatement of the protective order of April 17, 2020, and for attorney's fees


(OST entered 11/30/20) EH     

(Tele. appr. Gordon Dayton, rep. Debtor) (Tele. appr. Kiia Wilson, pro se Debtor)

(Tele. appr. Nancy Lee, creditor, Roshmore Loan Management Services LLC)


Docket 84


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Kiia Chree Wilson Represented By Gordon L Dayton

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-17279


Olga M De Gonzalez


Chapter 13


#1.00 Motion for Relief from Stay re Real Property located at 230-232 North Millard Avenue, Rialto, CA 92376


MOVANT: LAW OFFICES OF VAN NGHIEM


[OST signed on 11/23/20]


CASE DISMISSED 11/23/20


EH     


(Tele. appr. Van Nghiem, rep. lien holder, Van Nghiem) (Tele. appr. Anthony Cara, rep. Debtor)

Docket 16

Tentative Ruling: 12/9/2020

Service: Proper Opposition:


On November 3, 2020, Olga Monique De Gonzalez ("Debtor") filed a pro se, skeletal Chapter 13 petition. Debtor had previously obtained a discharge in a Chapter 7 proceeding on January 6, 2020.


On November 20, 2020, Van Nghiem ("Creditor") filed a motion for relief from stay together with an application shortening time. On November 23, 2020, the Court approved Creditor’s application shortening time, setting a hearing for December 9, 2020.


Later on November 23, 2020, Debtor’s case was dismissed for failure to file case commencement documents. On December 7, 2020, Debtor retained an attorney and

11:00 AM

CONT...


Olga M De Gonzalez


Chapter 13

filed a motion to vacate dismissal. Debtor’s motion to vacate dismissal has not yet been adjudicated.


Creditor is an attorney who represented Debtor between 2015 and 2017. Debtor accumulated $53,548 in unpaid attorney fees during this representation, and, in September 2017, Creditor filed a lawsuit against Debtor for breach of contract. On November 17, 2017, Creditor was issued a judgment in the amount of $54,083.71. On May 1, 2018, Creditor recorded the abstract of judgment in San Bernardino County, where Debtor owned property located at 230-232 Millard Ave., Rialto, CA 92376 (the "Property").


Creditor asserts that shortly after she filed a lawsuit against Debtor, Debtor transferred the Property to her daughter for no consideration. Subsequently, Debtor’s daughter took a loan against the Property in the amount of $160,000; the deed was not recorded until August 16, 2018. On February 24, 2018, Debtor’s daughter then transferred the Property back to Debtor.


Creditor then brought a fraudulent transfer action against Debtor and her daughter. On August 14, 2020, judgment was entered in Creditor’s favor in San Bernardino state court.


Additionally, Creditor initiated judicial foreclosure proceedings against the Property in April 2019. Creditor asserts that Debtor waited until the day of the hearing to oppose the sale, requested a continuance, and the filed a Chapter 7 bankruptcy the day before the continued sale date. The Chapter 7 trustee appears to have contemplated selling the Property during the Chapter 7 proceeding, but ultimately did not do so.

Creditor obtained relief from stay to continue with her state court litigation on March 11, 2020. Subsequently, the judicial foreclosure of the Property was set for July 2, 2020.


On June 10, 2020, Creditor asserts that she received a notice of trustee’s sale by the mortgagee, which was set for July 7, 2020. This sale was apparently continued on at least one occasion for reasons that are not fully clear from the motion. Ultimately, it appears that the sale of the Property was going to take place on October 27, 2020, but Debtor requested a TRO on the day of the sale. The TRO was ultimately denied, but the sale was postponed one week regardless. The morning of the continued sale date,

11:00 AM

CONT...


Olga M De Gonzalez


Chapter 13

November 3, 2020, Debtor filed the instant bankruptcy petition. Debtor’s case is currently dismissed, and Creditor’s judicial sale is currently scheduled for December 16, 2020.


The instant bankruptcy case having been dismissed, the automatic stay has expired pursuant to 11 U.S.C. §362(c)(1). Therefore, the Court is inclined to: (1) GRANT the request in ¶ 4, confirming that the automatic stay is not in effect; and (2) DENY the requests for relief under § 362(d)(1)-(3) and ¶ 2 as MOOT.


The Court, having considered Creditor’s request for relief under § 362(d)(4), finds that it is not completely clear that that provision quite fits the instant situation.

Specifically, section 362(d)(4) requires either: (1) an unauthorized transfer of real property; or (2) multiple bankruptcy filings affecting the property. Here, however, the transfers noted by Creditor occurred before Creditor recorded her abstract of judgment, and the only previous bankruptcy filing affecting the Property resulted in a Chapter 7 discharge. Filing a Chapter 20 case (a Chapter 7 case followed shortly thereafter by a Chapter 13 case) is a relatively common occurrence, and would not appear to normally trigger the "multiple bankruptcy filings affecting such real property" contemplated by § 362(d)(4)(B). Here, there are multiple bankruptcy filings that delayed Creditor’s foreclosure sale, and the Court has been presented with evidence establishing that the instant filing was "part of a scheme to delay, hinder, or defraud creditors." Thus, the Court is inclined to GRANT creditor relief from stay under § 362(d)(4) and GRANT waiver of the Rule 4001(a)(3) stay.


Creditor’s final request, ¶ 11, is extraordinary relief that the Court rarely, if ever, grants. Here, it would appear that relief under § 362(d)(4) is more than sufficient for Creditor’s purposes and, therefore, the Court does not find cause to grant the request under ¶ 11.


APPEARANCES REQUIRED.

Party Information

Debtor(s):

Olga M De Gonzalez Pro Se

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

CONT...


Olga M De Gonzalez


Chapter 13

1:00 PM

6:03-15174


Devore Stop A General Partners


Chapter 7

Adv#: 6:12-01498 Morschauser v. Continental Capital LLC et al


#2.00 CONT Plaintiffs Motion For Summary Judgment From 10/28/20, 11/10/20

EH     


(Tele. appr. Reid Winthrop, rep. Planitiff, Morschauser)


Docket 365


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Devore Stop A General Partners Represented By

Arshak Bartoumian - DISBARRED - Newton W Kellam

Devore Stop Represented By

Hutchison B Meltzer

Defendant(s):

Continental Capital LLC Represented By Cara J Hagan

Lawrence J Kuhlman Reid A Winthrop

Stephen Collias Represented By Cara J Hagan

Lawrence J Kuhlman Reid A Winthrop

Jesse Bojorquez Represented By Lawrence J Kuhlman

1:00 PM

CONT...


Devore Stop A General Partners


Autumn D Spaeth ESQ Cara J Hagan

Reid A Winthrop


Chapter 7

American Business Investments Represented By Lawrence J Kuhlman

Autumn D Spaeth ESQ Cara J Hagan

Reid A Winthrop

Mohammed Abdizadeh Pro Se

Movant(s):

William G Morschauser Represented By Hutchison B Meltzer Reid A Winthrop Cara J Hagan

Plaintiff(s):

William G Morschauser Represented By Hutchison B Meltzer Reid A Winthrop Cara J Hagan

Trustee(s):

Arturo Cisneros (TR) Pro Se

1:00 PM

6:03-15174


Devore Stop A General Partners


Chapter 7

Adv#: 6:12-01498 Morschauser v. Continental Capital LLC et al


#3.00 CONT Status Conference RE: [29] Crossclaim/Cross-Complaint for: 1

conversion; 2 constructive trust; 3 unjust enrichment; 4 an accounting; 5 declaratory relief; and 6 primary and secondary indemnification and contribution by American Business Investments , Jesse Bojorquez against Stephen Collias , Continental Capital LLC


From: 3/11/15, 5/20/15, 7/29/15, 12/16/15, 2/3/16, 3/16/16, 5/11/16, 8/31/16, 11/2/16, 11/16/16, 3/8/17, 6/7/17, 7/26/17, 9/13/17, 3/12/18, 11/13/19, 12/17/19,

1/15/20, 2/12/20, 3/11/20, 8/19/20, 10/28/20, 11/10/20


EH     


Docket 29


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Devore Stop A General Partners Represented By

Arshak Bartoumian - DISBARRED - Newton W Kellam

Devore Stop Represented By

Hutchison B Meltzer

Defendant(s):

Continental Capital LLC Represented By Cara J Hagan

Lawrence J Kuhlman Reid A Winthrop

Stephen Collias Represented By Cara J Hagan

1:00 PM

CONT...


Devore Stop A General Partners


Lawrence J Kuhlman Reid A Winthrop


Chapter 7

Jesse Bojorquez Represented By Lawrence J Kuhlman

Autumn D Spaeth ESQ Cara J Hagan

Reid A Winthrop

American Business Investments Represented By Lawrence J Kuhlman

Autumn D Spaeth ESQ Cara J Hagan

Reid A Winthrop

Mohammed Abdizadeh Pro Se

Plaintiff(s):

William G Morschauser Represented By Hutchison B Meltzer Reid A Winthrop Cara J Hagan

Trustee(s):

Arturo Cisneros (TR) Pro Se

1:00 PM

6:03-15174


Devore Stop A General Partners


Chapter 7

Adv#: 6:12-01498 Morschauser v. Continental Capital LLC et al


#4.00 CONT Status Conference Hearing RE: Complaint by William G Morschauser against Continental Capital LLC , Stephen Collias , Jesse Bojorquez , American Business Investments , Mohammed Abdizadeh


From: 3/11/15, 5/20/15, 7/29/15, 12/16/15, 2/3/16, 3/16/16, 5/11/16, 8/31/16, 11/2/16, 11/16/16, 3/8/17, 6/7/17, 7/26/17, 9/13/17, 3/12/18, 11/13/19, 12/17/19,

1/15/20, 2/12/20, 3/11/20, 8/19/20, 10/28/20, 11/10/20


EH         


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Devore Stop A General Partners Represented By

Arshak Bartoumian - DISBARRED - Newton W Kellam

Devore Stop Represented By

Hutchison B Meltzer

Defendant(s):

Continental Capital LLC Represented By Cara J Hagan

Lawrence J Kuhlman Reid A Winthrop

Stephen Collias Represented By Cara J Hagan

Lawrence J Kuhlman

1:00 PM

CONT...


Devore Stop A General Partners


Reid A Winthrop


Chapter 7

Jesse Bojorquez Represented By Lawrence J Kuhlman

Autumn D Spaeth ESQ Cara J Hagan

Reid A Winthrop

American Business Investments Represented By Lawrence J Kuhlman

Autumn D Spaeth ESQ Cara J Hagan

Reid A Winthrop

Mohammed Abdizadeh Pro Se

Plaintiff(s):

William G Morschauser Represented By Hutchison B Meltzer Reid A Winthrop Cara J Hagan

Trustee(s):

Arturo Cisneros (TR) Pro Se

1:00 PM

6:03-15174


Devore Stop A General Partners


Chapter 7

Adv#: 6:12-01498 Morschauser v. Continental Capital LLC et al


#5.00 CONT Cross Complainants Motion For Summary Judgment From 10/28/20, 11/10/20


EH     


Docket 379


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Devore Stop A General Partners Represented By

Arshak Bartoumian - DISBARRED - Newton W Kellam

Devore Stop Represented By

Hutchison B Meltzer

Defendant(s):

Continental Capital LLC Represented By Cara J Hagan

Lawrence J Kuhlman Reid A Winthrop

Stephen Collias Represented By Cara J Hagan

Lawrence J Kuhlman Reid A Winthrop

Jesse Bojorquez Represented By Lawrence J Kuhlman

Autumn D Spaeth ESQ

1:00 PM

CONT...


Devore Stop A General Partners


Cara J Hagan Reid A Winthrop


Chapter 7

American Business Investments Represented By Lawrence J Kuhlman

Autumn D Spaeth ESQ Cara J Hagan

Reid A Winthrop

Mohammed Abdizadeh Pro Se

Movant(s):

Jesse Bojorquez Represented By Lawrence J Kuhlman

Autumn D Spaeth ESQ Cara J Hagan

Reid A Winthrop

Jesse Bojorquez Represented By Lawrence J Kuhlman

Autumn D Spaeth ESQ

Jesse Bojorquez Represented By Lawrence J Kuhlman

Autumn D Spaeth ESQ

Plaintiff(s):

William G Morschauser Represented By Hutchison B Meltzer Reid A Winthrop Cara J Hagan

Trustee(s):

Arturo Cisneros (TR) Pro Se

1:00 PM

6:03-15174


Devore Stop A General Partners


Chapter 7

Adv#: 6:12-01498 Morschauser v. Continental Capital LLC et al


#6.00 CONT Defendants' Motion For Summary Judgment From 10/28/20, 11/10/20


EH     


Docket 364


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Devore Stop A General Partners Represented By

Arshak Bartoumian - DISBARRED - Newton W Kellam

Devore Stop Represented By

Hutchison B Meltzer

Defendant(s):

Mohammed Abdizadeh Pro Se

Continental Capital LLC Represented By Cara J Hagan

Lawrence J Kuhlman Reid A Winthrop

Stephen Collias Represented By Cara J Hagan

Lawrence J Kuhlman Reid A Winthrop

Jesse Bojorquez Represented By

1:00 PM

CONT...


Devore Stop A General Partners


Lawrence J Kuhlman Autumn D Spaeth ESQ Cara J Hagan

Reid A Winthrop


Chapter 7

American Business Investments Represented By Lawrence J Kuhlman

Autumn D Spaeth ESQ Cara J Hagan

Reid A Winthrop

Movant(s):

Continental Capital LLC Represented By Cara J Hagan

Lawrence J Kuhlman Reid A Winthrop

Continental Capital LLC Represented By Cara J Hagan

Continental Capital LLC Represented By Cara J Hagan

Plaintiff(s):

William G Morschauser Represented By Hutchison B Meltzer Reid A Winthrop Cara J Hagan

Trustee(s):

Arturo Cisneros (TR) Pro Se

11:00 AM

6:19-10742


Joshua Michael Thomson and Katherine Naomi Thomson


Chapter 13


#1.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2015 Kia Forte LX Sedan 4D


MOVANT: CAPITAL ONE AUTO FINANCE


EH     


Docket 56

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 12/7/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Joshua Michael Thomson Represented By Edward G Topolski

Joint Debtor(s):

Katherine Naomi Thomson Represented By Edward G Topolski

Movant(s):

Capital One Auto Finance, a division Represented By

Marjorie M Johnson

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-13500


Joe A Pickens, II


Chapter 13


#2.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 2032W 98th Street, Los Angeles, CA 90047


MOVANT: DEUTSCHE BANK NATIONAL TRUST COMPANY


EH     


Docket 59

*** VACATED *** REASON: ORDER GRANTING MOTION ENTERED 12/10/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Joe A Pickens II Represented By William Radcliffe

Movant(s):

Deutsche Bank National Trust Represented By Sean C Ferry

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-15117


Michael Colbus and Lisa Colbus


Chapter 13


#3.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2013 Nissan Altima


MOVANT: NISSAN MOTOR ACCEPTANCE CORPORATION


EH         


(Tele. appr. Austin P. Nagel, rep. creditor, Nisan Motor Acceptance Corp.)


Docket 62

Tentative Ruling: 12/15/2020

Service: Proper Opposition: None


For the reasons set forth in the motion, the Court is inclined to:


-GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1)

-GRANT waiver of Rule 4001(a)(3) stay

-GRANT request under ¶ 2

-DENY alternative request under ¶ 11 as moot


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

Debtor(s):

Michael Colbus Represented By Andy Nguyen

Joint Debtor(s):

Lisa Colbus Represented By

Andy Nguyen

11:00 AM

CONT...

Movant(s):


Michael Colbus and Lisa Colbus


Chapter 13

NISSAN MOTOR ACCEPTANCE Represented By

Austin P Nagel

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-16979


Flor Aguilar


Chapter 13


#4.00 CONT. Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 34611 J Street, Barstow, CA 92311


MOVANT: NATIONS DIRECT MORTGAGE, LLC


From: 11/17/20 EH     

Docket 62

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 11/25/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Flor Aguilar Represented By

Rabin J Pournazarian

Movant(s):

Nations Direct Mortgage, LLC Represented By Daniel K Fujimoto Caren J Castle

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-20408


Juan Carlos De La Cruz and Claudia Veronica De La Cruz


Chapter 13


#5.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 3465 Tipperary Way, Riverside, CA 92506


MOVANT: LAKEVIEW LOAN SERVICING, LLC


EH     


(Tele. appr. Sanaz Bereliani, rep. Debtors)


(Tele. appr. Darlene Vigil, rep. creditor, Lakeview Loan Servicing LLC)


Docket 72

Tentative Ruling: 12/15/2020

Service: Proper Opposition: Debtors


Movant to apprise the Court of the status of arrears and parties to apprise the Court of the status of adequate protection discussions, if any.


APPEARANCES REQUIRED.

Party Information

Debtor(s):

Juan Carlos De La Cruz Represented By

Sanaz Sarah Bereliani

Joint Debtor(s):

Claudia Veronica De La Cruz Represented By

Sanaz Sarah Bereliani

11:00 AM

CONT...

Movant(s):


Juan Carlos De La Cruz and Claudia Veronica De La Cruz


Chapter 13

Lakeview Loan Servicing, LLC Represented By Darlene C Vigil

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:19-20562


Emmanuel Pastor and Razel Pastor


Chapter 13


#6.00 CONT. Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 12930 Cobblestone Lane Moreno Valley, California 92555


MOVANT: CARRINGTON MORTGAGE SERVICES, INC.


From: 11/17/20 EH     


Docket 45

*** VACATED *** REASON: ORDER GRANTING MOTION ENTERED ON 12/3/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Emmanuel Pastor Represented By Gary S Saunders

Joint Debtor(s):

Razel Pastor Represented By

Gary S Saunders

Movant(s):

CARRINGTON MORTGAGE Represented By Christopher Giacinto Diana Torres-Brito Julian T Cotton

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-10033


Edward Dwayne Lott


Chapter 13


#7.00 CONT. Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 11512 Bell Tower Drive, Fontana, CA 92337


MOVANT: NATIONSTAR MORTGAGE LLC


From: 11/17/20 EH     

(Tele. appr. Robert Chen, rep. Debtor)


Docket 34

*** VACATED *** REASON: ORDER GRANTING MOTION ENTERED 12/1/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Edward Dwayne Lott Represented By

Raj T Wadhwani

Movant(s):

U.S. Bank National Association, not Represented By

Nancy L Lee

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-12151


Armando Guzman


Chapter 13


#8.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 29351 Summerset Drive, Menifee, CA 92586


MOVANT: FREEDOM MORTGAGE CORPORATION


EH     


(Tele. appr. Dane Exnowski, rep. moving party Freedom Mortgage Corporation)


Docket 41

Tentative Ruling: 12/15/2020

Service: Proper Opposition: None


For the reasons set forth in the motion, the Court is inclined to:


-GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1)

-GRANT waiver of Rule 4001(a)(3) stay

-GRANT request under ¶ 2

-DENY alternative request under ¶ 13 as moot


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

Debtor(s):

Armando Guzman Represented By Daniel King

11:00 AM

CONT...

Movant(s):


Armando Guzman


Chapter 13

Freedom Mortgage Corporation Represented By

Dane W Exnowski

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-12194


Claudia P. Contreras


Chapter 13


#9.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 49072 Pluma Verde Place, Coachella, CA 92236


MOVANT: HSBC BANK USA


From 10/20/20,12/1/20 EH     


Docket 38

*** VACATED *** REASON: ORDER ENTERED 12/11/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Claudia P. Contreras Represented By Daniel C Sever

Movant(s):

HSBC Bank USA, N.A. Represented By Sean C Ferry

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:18-11520


Kiia Chree Wilson


Chapter 13


#9.10 CONT. Debtor's Motion for Relief from order entered as a result of fraud, misrepresentation, or misconduct by an opposing party, reinstatement of the protective order of April 17, 2020, and for attorney's fees


From: 12/3/20 EH     

(Tele. appr. Gordon Dayton, rep. Debtor)


(Tele. appr. Nancy Lee, rep. creditor, Rushmore Loan Management Services, LLC)


Docket 84


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Kiia Chree Wilson Represented By Gordon L Dayton

Movant(s):

Kiia Chree Wilson Represented By Gordon L Dayton

Trustee(s):

Rod Danielson (TR) Pro Se

2:00 PM

6:16-14273


Allied Injury Management, Inc.


Chapter 11


#10.00 Claimant, Netreva, Inc.'s Motion for Allowance of and Directing Payment of Administrative Claim


EH     


(Tele. appr. Marc Lieberman, rep. John Larson)


(Tele. appr. Debbie Perez, rep. Trustee, David Goodrich)


Docket 509

Tentative Ruling:

12/15/2020

BACKGROUND


On May 11, 2016, Allied Injury Management, Inc. ("Debtor") filed a Chapter 11 voluntary petition. On December 5, 2016, the Court entered an order appointing David Goodrich as Chapter 11 Trustee.


On November 20, 2020, Netreva, Inc. ("Creditor") filed a motion for allowance and payment of an administrative claim. Creditor’s claim is related to information technology services provided to Debtor between December 2016 and October 2017.


On December 1, 2020, Trustee filed a response to Creditor’s motion. Trustee’s response does not oppose Creditor’s request for an administrative claim in the amount of $12,904.33, but, instead, Trustee asserts that the claim should not be paid at the instant time because the estate may be administratively insolvent. The response also states that: "Trustee believes that he has reached an agreement with Netreva on this

2:00 PM

CONT...


Allied Injury Management, Inc.


Chapter 11

issue, and that Netreva will agree to drop the portion of the Motion requesting an order requiring immediate payment of its administrative claim, provided that the administrative claim is allowed in the requested amount." [Dkt. No. 512, pg. 2, lines 8-11].


DISCUSSION



11 U.S.C. § 503(b)(1)(A) provides:


  1. After notice and a hearing, there shall be allowed administrative expenses, other than claims allowed under section 502(f) of this title, including –


    1. (A) the actual, necessary costs and expenses of preserving the estate


The Ninth Circuit test for § 503(b)(1)(A) is that the expense "(1) arose from a transaction with the debtor-in-possession as opposed to the preceding entity (or, alternatively, that the claimant gave consideration to the debtor-in-possession); and (2) directly and substantially benefitted the estate." In re Dak Indus., 66 F.3d 1091, 1094 (9th Cir. 1995).


Here, Creditor asserts that it provided postpetition information services at the request of Debtor and, later, Trustee. Furthermore, Creditor asserts that "Debtor and the Estate required these services to continue and maintain its business operations." As a result, and noting the lack of opposition and Trustee’s explicit support for the allowance of Creditor’s requested administrative claim, the Court is inclined to allow an administrative claim in the amount of $12,904.33


The Court agrees, however, that immediate payment of Creditor’s claim is not

2:00 PM

CONT...


Allied Injury Management, Inc.


Chapter 11

appropriate at this time, given Trustee’s assertion that "it appears that this estate is administratively insolvent." Therefore, because Creditor may be required to later disgorge payment to allow for pro rata distribution to administrative claimants, the Court is not inclined to direct payment at this time.


TENTATIVE RULING



The Court is inclined to GRANT the motion to the extent of allowing Netreva, Inc. an administrative claim in the amount of $12,904.33.


APPEARANCES REQUIRED.


Party Information

Debtor(s):

Allied Injury Management, Inc. Represented By Alan W Forsley

Trustee(s):

David M Goodrich (TR) Represented By Mark S Horoupian Jason Balitzer Victor A Sahn Steven Werth

2:00 PM

6:17-15816


Integrated Wealth Management Inc and Anthony Pisano


Chapter 11


#11.00 CONT Post Confirmation Status Conference From: 10/23/18, 4/10/19, 10/9/19, 4/22/20, 8/25/20

EH     


(Tele. appr. Robert Opera, rep. Debtor)


Docket 277


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Integrated Wealth Management Inc Represented By

Andrew B Levin Robert E Opera Jim D Bauch

2:00 PM

6:18-10155


Jose De Jesus Hernandez


Chapter 11


#12.00 CONT re POST Status Conference re Order (1) Setting Scheduling Hearing And Case Management Conference And (2) Requiring Status Report


From: 10/23/18, 11/27/18, 1/29/19, 3/5/19, 6/11/19, 8/20/19, 10/29/19, 1/28/20, 2/4/20, 3/31/20, 4/21/20, 8/25/20, 11/17/20


Also #13 & #13.1 EH     

(Tele. appr. Eric Bensamochan, rep. Debtor)


Docket 96


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jose De Jesus Hernandez Represented By

Eric Bensamochan

2:00 PM

6:18-10155


Jose De Jesus Hernandez


Chapter 11


#13.00 CONT. Debtor's Motion for Entry of Final Decree (Federal Bankruptcy Rule 3022)


From: 10/13/20, 11/24/20, 12/01/20


Also #12 & #13.1 EH     

(Tele. appr. Eric Bensamochan, rep. Debtor)


Docket 253


Tentative Ruling:

10/13/2020


Service: Proper Opposition: None


Fed. R. Bankr. P. 3022 states:


After an estate is fully administered in a chapter 11 reorganization case, the court, on its own motion or on motion of a party in interest, shall enter a final decree closing the case.


The Advisory Committee Notes provide that "entry of a final decree closing a chapter 11 case should not be delayed solely because the payments required by the plan have not been completed." The factors to consider are:


  1. whether the order confirming the plan has become final, (2) whether deposits required by the plan have been distributed, (3) whether the property proposed by the plan to be transferred has been transferred, (4) whether the debtor or the successor of the debtor under the plan has assumed the business or the management of the property dealt with by the plan, (5) whether

    2:00 PM

    CONT...


    Jose De Jesus Hernandez

    payments under the plan have commenced, and (6) whether all motions, contested matters, and adversary proceedings have been finally resolved.


    Chapter 11


    Fed. R. Bankr. P. 3022 advisory committee’s note (1991).


    Here, the order confirming Debtor’s plan is final. Debtor has sold the property located at 3095 Ocelot Circle, Corona, CA and begun making plan payments. Debtor asserts he will complete his plan payments with the funds from the proceeds of sale and the income currently generated by his business, Carla’s Café. There are no remaining contested or adversary matters to be resolved.


    The Court, having reviewed the motion and finding Debtor’s evidence sufficient, is inclined to GRANT the motion for entry of final decree.


    APPEARANCES REQUIRED.

    Party Information

    Debtor(s):

    Jose De Jesus Hernandez Represented By

    Eric Bensamochan

    Movant(s):

    Jose De Jesus Hernandez Represented By

    Eric Bensamochan Eric Bensamochan Eric Bensamochan Eric Bensamochan Eric Bensamochan

    2:00 PM

    6:18-10155


    Jose De Jesus Hernandez


    Chapter 11


    #13.10 Application for Compensation Final Fee Application for Eric Bensamochan, Debtor's Attorney, Period: 5/12/2018 to 11/12/2020, Fee: $37,600.00, Expenses:

    $31.00


    Also #12 & #13 EH     

    (Tele. appr. Eric Bensamochan, rep. Debtor)


    Docket 260

    Tentative Ruling:

    12/15/2020

    BACKGROUND


    On January 9, 2018, Jose de Jesus Hernandez ("Debtor") filed a Chapter 11 voluntary petition. On February 7, 2020, the Court entered an order approving Debtor’s second amended disclosure statement. On April 23, 2020, the Court entered an order approving Debtor’s second amended Chapter 11 plan.


    On February 2, 2018, the Court entered an order approving the employment of Eric Bensamochan ("Counsel") as counsel for Debtor. On June 7, 2018, Counsel was awarded $26,476.50 in fees and expenses for services provided through May 11, 2018.


    On November 12, 2020, Counsel filed a final fee application, requesting an additional

    2:00 PM

    CONT...


    Jose De Jesus Hernandez


    Chapter 11

    $37,631 in fees and expenses.


    DISCUSSION



    The Court applies 11 U.S.C. § 330(a) to its review of Counsel’s application for compensation. 11 U.S.C. § 330 provides:


    11 U.S.C. § 330(a)(1)-(6) provides:

    (a)(1) After notice to the parties in interest and the United States Trustee and a hearing, and subject to sections 326, 328, and 329, the court may award to a trustee, a consumer privacy ombudsman appointed under section 332, an examiner, an ombudsman appointed under section 333, or a professional person employed under section 327 or 1103 –

    1. reasonable compensation for actual, necessary services rendered by the trustee, examiner, ombudsman, professional person, or attorney and by any paraprofessional person employed by any such person; and

    2. reimbursement for actual, necessary expenses.

  2. The court may, on its own motion or on the motion of the United States Trustee, the United States Trustee for the District or Region, the trustee for the estate, or any other party in interest, award compensation that is less than the amount of compensation that is requested.

  3. In determining the amount of reasonable compensation to be awarded to an examiner, trustee under chapter 11, or professional person, the court shall consider the nature, the extent, and the value of such services, taking into account all relevant factors, including –

    1. the time spent on such services;

    2. the rates charged for such services;

    3. whether the services were necessary to the administration of, or beneficial at the time at which the

      2:00 PM

      CONT...


      Jose De Jesus Hernandez

      service was rendered toward the completion of, a case under this title;

    4. whether the services were performed within a reasonable amount of time commensurate with the complexity, importance, and nature of the problem, issue, or task addressed;

    5. with respect to a professional person, whether the person is board certified or otherwise has demonstrated skill and experience in the bankruptcy field; and

    6. whether the compensation is reasonable based on the customary compensation charged by comparably skilled practitioners in cases other than cases under this title.

(4)(A) Except as provided in subparagraph (B), the court shall not allow compensation for –

  1. unnecessary duplication of services; or

  2. services that were not –

    1. reasonably likely to benefit the debtor’s estate; or

    2. necessary to the administration of the case. . . .

  1. The court shall reduce the amount of compensation awarded under this section by the amount of any interim compensation awarded under section 331, and, if the amount of such interim compensation exceeds the amount of compensation awarded under this section, may order the return of the excess to the estate.

  2. Any compensation awarded for the preparation of a fee application shall be based on the level and skill reasonably required to prepare the application.


Chapter 11


More specifically, when examining an application for compensation, the Court should consider the following questions:


First, were the services authorized? Second, were the services necessary or beneficial to the administration of the estate at the time they were rendered? Third, are the services adequately documented? Fourth, are the fees requested reasonable, taking into consideration the

2:00 PM

CONT...


Jose De Jesus Hernandez

factors set forth in § 330(a)(3)? Finally, in making this determination, the court must take into consideration whether the professional exercised reasonable billing judgment. As stated in In re Riverside- Linden Inv. Co., 925 F.2d 320, 321 (9th Cir. 1991), "when a cost benefit analysis indicates that the only parties who will likely benefit from a service are the trustee and his professionals," the service is unwarranted and a court does not abuse its discretion in denying fees for those services.


Chapter 11



In re Mednet, 251 B.R. 103, 1089-09 (B.A.P. 9th Cir. 2003) (citation and footnote omitted).


Here, the Court notes that no party has opposed Counsel’s application for compensation, which the Court deems consent to the relief requested pursuant to Local Rule 9013-1(h). The Court, having review the application for compensation, finds that the services provided were: (1) authorized; (2) necessary or beneficial to the administration of the estate; (3) adequately documented; and (4) generally reasonable pursuant to the standards of § 330(a)(3).


TENTATIVE RULING



The Court is inclined to APPROVE the application in its entirety, awarding Counsel

$37,600 in fees and $31 in costs.


APPEARANCES REQUIRED.


Party Information

Debtor(s):

Jose De Jesus Hernandez Represented By

Eric Bensamochan

2:00 PM

CONT...


Jose De Jesus Hernandez


Chapter 11

2:00 PM

6:18-16908


Visiting Nurse Association of the Inland Counties


Chapter 11


#14.00 Motion by Brutzkus Gubner for First and Final Fee Application, Special Counsel, Period: 5/8/2019 to 11/18/2020, Fee: $1,500,000.00 Expenses: $26,160.98


Also #15 & 16 EH     

(Tele. appr. Joshua Franklin, rep. Bruce Gordon and Oscar Brambila) (Tele. appr. David Goodrich, rep. Debtor)

(Tele. appr. Michael Leboff, rep. Maria Lozzano)


(Tele,. appr. Yaniv Newman, rep. Furman L. Beckman, G. Ptasinski) (Tele. appr. Jolene, Tanner, rep. United States of America)

(Tele. appr. David Wood, rep. Creditor Committee)


(Tele. appr. Jason Komorsky, rep. interested party, Visiting Nurse Association of the Inland Counties)


Docket 857

Tentative Ruling:

12/15/2020

BACKGROUND

On August 15, 2018, Visiting Nurse Association of the Inland Counties ("Debtor"), a not-for-profit home health services organization in the Inland Empire, filed a Chapter

2:00 PM

CONT...

Visiting Nurse Association of the Inland Counties

Chapter 11

11 voluntary petition. Debtor’s disclosure statement was approved by Court order entered September 17, 2020. Debtor’s Chapter 11 plan was confirmed after a hearing held on November 17, 2020.


On May 16, 2019, Debtor filed an application to employ Brutzkus Gubner ("Applicant") as special litigation counsel. The pertinent terms of the compensation arrangement provided that Applicant would receive: (a) 1/3 of any gross recovery obtained prior to the filing of a complaint; (b) 40% of any gross recovery obtained after the filing of a complaint but more sixty days before trial; or (c) 50% of and gross recovery obtained within sixty days of trial. The application also provided that Applicant would receive actual and necessary costs and expenses. On June 12, 2019, the Court set a hearing on the application. On June 18, 2019, Applicant filed a supplemental application. After a hearing held on June 26, 2019, the Court approved the application on June 27, 2019.


On July 14, 2020, Applicant filed a complaint against a variety of former offices and directors of Debtor for breach of fiduciary duty. Subsequently, the parties to the adversary proceeding engaged in mediation with former judge Jay Gandhi. The parties ultimately agreed to a settlement, which contained a cash payment to Debtor in the amount of $3.75 million. A continued hearing on the underlying settlement agreement is set for hearing at the same time as the instant application.


On December 2, 2020, the Court approved a stipulation between Applicant, the IRS, and the Committee of Creditors Holding Unsecured Claims (the "Committee") that provided the IRS and the Committee an additional two days to object to the application. On December 3, 2020, the parties filed another stipulation. While this second stipulation has not been approved by the Court, the stipulation provides that Applicant would reduce its requested fees by $150,000 (from $1.5 million to $1.35 million) and that that carve-out would be divided equally between priority unsecured creditors and general unsecured creditors.


DISCUSSION

2:00 PM

CONT...


Visiting Nurse Association of the Inland Counties


Chapter 11


11 U.S.C. § 328(a) provides:


The trustee, or a committee appointed under section 1102 of this title, with the court’s approval, may employ or authorize the employment of a professional person under section 327 or 1103 of this title, as the case may be, on any reasonable terms and conditions of employment, including on a retainer, on an hourly basis, on a fixed or percentage fee basis, or on a contingent fee basis. Notwithstanding such terms and conditions, the court may allow compensation different from the compensation provided under such terms and conditions after the conclusion of such employment, if such terms and conditions prove to have been improvident in light of developments not capable of being anticipated at the time of the fixing of such terms and conditions.


Applicant points out that Ninth Circuit authority has stated: "There is no question that a bankruptcy court may not conduct a § 330 inquiry into the reasonableness of the fees and their benefit to the estate if the court already has approved the professional’s employment under 11 U.S.C. § 328." In re B.U.M. Intern., Inc., 229 F.3d 824, 829 (9th Cir. 2000). While there is not extensive caselaw detailing the § 328 standard, the Second Circuit has stated the following:


Under section 328(a), a pre-approved fee arrangement may only be altered if proven "to have been improvident in light of developments not capable of being anticipated at the time" of the pre-approval. Surprisingly few cases have construed this language, but those that have make it evident that it is a high hurdle to clear. According to the Fifth Circuit, section 328(a) requires "the bankruptcy court . . . to determine whether developments, which made the approved fee plan improvident, had been incapable of anticipation at the time the award was approved." See In re Barron, 325 F.3d 690, 693 (5th Cir. 2003). For example, simply because the size and scope of a settlement had not actually been anticipated, it does not follow that it was incapable of anticipation. Similarly, the fact that contingency fees may appear

2:00 PM

CONT...


Visiting Nurse Association of the Inland Counties

excessive in retrospect is not a ground to reduce them because early success by counsel is always a possibility capable of being anticipated.


Chapter 11



In re Smart World Tech., LLC, 552 F.3d 228, 234-35 (2nd Cir. 2009) (citation, emphasis, and quotation omitted).


Here, the Court has not been presented with any evidence that the terms pre-approved by the Court are "improvident" based upon developments "incapable of anticipation at the time" the Court approved the terms.


The Court notes that the instant applications does not comply with a variety of the local rule provisions regarding professional fee applications, namely Local Rule 2016-1(a)(1)(D), (H), and (K). The Court notes that while the requirements of Local Rule 2016-1(a)(1)(E)-(G) do not apply to contingency fee arrangements, the remainder of Local Rule 2016-1(a) is still applicable.


TENTATIVE RULING



The Court is inclined to APPROVE the application as modified by the stipulation filed on December 3, 2020 as docket number 879.


APPEARANCES REQUIRED.


Party Information

Debtor(s):

Visiting Nurse Association of the Represented By

David M Goodrich Beth Gaschen

2:00 PM

CONT...


Visiting Nurse Association of the Inland Counties

Jennifer Vicente Ryan W Beall Steven T Gubner Jason B Komorsky


Chapter 11

2:00 PM

6:18-16908


Visiting Nurse Association of the Inland Counties


Chapter 11


#15.00 CONT. Debtor's Motion for Approval of Global Settlement and Release Between Debtor, Greg Del Gado, Bruce Gordon, Stuart Furman, Lois Beckman, Gema Ptasinski, Mary Anne Benzakein, Mike Rusnak, Maria Lozzano, Karen Emery, Jean Kryger, Oscar Brambila, Markel American Insurance Company and Allied World Specialty Insurance Company


Also #14 & #16 EH     

(Tele. appr. Joshua Franklin, rep. Bruce Gordon and Oscar Brambila) (Tele. appr. David Goodrich, rep. Debtor)

(Tele. appr. Michael Leboff, rep. Maria Lozzano)


(Tele,. appr. Yaniv Newman, rep. Furman L. Beckman, G. Ptasinski) (Tele. appr. Jolene, Tanner, rep. United States of America)

(Tele. appr. David Wood, rep. Creditor Committee)


(Tele. appr. Jason Komorsky, rep. interested party, Visiting Nurse Association of the Inland Counties)


Docket 816


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Visiting Nurse Association of the Represented By

2:00 PM

CONT...


Movant(s):


Visiting Nurse Association of the Inland Counties

David M Goodrich Beth Gaschen Jennifer Vicente Ryan W Beall Steven T Gubner Jason B Komorsky


Chapter 11

Visiting Nurse Association of the Represented By

David M Goodrich David M Goodrich Beth Gaschen Beth Gaschen Jennifer Vicente Jennifer Vicente Ryan W Beall Ryan W Beall Steven T Gubner Steven T Gubner Jason B Komorsky Jason B Komorsky

2:00 PM

6:18-16908


Visiting Nurse Association of the Inland Counties


Chapter 11


#16.00 CONT. Debtor's Motion For Good Faith Determination Regarding Global Settlement And Release Between Debtor, Greg Del Gado, Bruce Gordon, Stuart Furman, Lois Beckman, Gema Ptasinski, Mary Anne Benzakein, Mike Rusnak, Maria Lozzano, Karen Emery, Jean Kryger, Oscar Brambila, Markel American Insurance Company And Allied World Specialty Insurance Company [Cal. Civ.

Proc. Code § 877.6] From: 12/1/20

Also #14 & #15 EH     

(Tele. appr. Joshua Franklin, rep. Bruce Gordon and Oscar Brambila) (Tele. appr. David Goodrich, rep. Debtor)

(Tele. appr. Michael Leboff, rep. Maria Lozzano)


(Tele,. appr. Yaniv Newman, rep. Furman L. Beckman, G. Ptasinski) (Tele. appr. Jolene, Tanner, rep. United States of America)

(Tele. appr. David Wood, rep. Creditor Committee)


(Tele. appr. Jason Komorsky, rep. interested party, Visiting Nurse Association of the Inland Counties)


Docket 822


Tentative Ruling:

- NONE LISTED -

Party Information

2:00 PM

CONT...

Debtor(s):


Visiting Nurse Association of the Inland Counties


Chapter 11

Visiting Nurse Association of the Represented By

David M Goodrich Beth Gaschen Jennifer Vicente Ryan W Beall Steven T Gubner Jason B Komorsky

Movant(s):

Visiting Nurse Association of the Represented By

David M Goodrich David M Goodrich Beth Gaschen Beth Gaschen Jennifer Vicente Jennifer Vicente Ryan W Beall Ryan W Beall Steven T Gubner Steven T Gubner Jason B Komorsky Jason B Komorsky

2:00 PM

6:19-21185


Sunyeah Group Corporation


Chapter 11


#17.00 CONT Order (1) Setting Scheduling Hearing And Case Management Conference And (2) Requiring Status Report


From: 2/4/20, 5/5/20, 8/18/20 EH     

Docket 3

*** VACATED *** REASON: CASE DISMISSED ON 12/1/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Sunyeah Group Corporation Represented By David B Golubchik Jeffrey S Kwong

2:00 PM

6:20-14172


Ryan Estates, LLC


Chapter 11


#18.00 CONT Motion to Dismiss Involuntary Case

(Re Bad Faith and Sanctions) Case Dismissed re 12(b)(6)


From: 8/18/20, 8/25/20, 10/20/20 Also #20 & #21

EH         


(Tele. appr. Raymond Aver, rep. creditor, Jayshree Shah, Mary J. Hilyard, Sandhya Gandhi and Niki Alexander Shetty)


(Tele. appr. Sevan Gorginian, rep. Debtor, Ryan Estates, LLC) (Tele. appr. Robert Jenkins, creditor (LISTEN ONLY)

(Tele. appr. Satish (Niki-Alexander) Shetty, real party in Interest)


Docket 12


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Ryan Estates, LLC Represented By Sevan Gorginian

Movant(s):

Ryan Estates, LLC Represented By

2:00 PM

CONT...


Ryan Estates, LLC


Sevan Gorginian


Chapter 11

2:00 PM

6:20-14172


Ryan Estates, LLC


Chapter 11


#19.00 CONT Status Conference RE: [1] Chapter 11 Involuntary Petition Against:Jayshree Shah, Mary J. Hilyard, Sandhya Gandhi, Niki Alexander Shetty


From: 8/18/20, 8/25/20 Also #14

EH         


(Tele. appr. Raymond Aver, rep. creditor, Jayshree Shah, Mary J. Hilyard, Sandhya Gandhi and Niki Alexander Shetty)


(Tele. appr. Sevan Gorginian, rep. Debtor, Ryan Estates, LLC) (Tele. appr. Robert Jenkins, creditor (LISTEN ONLY)

(Tele. appr. Satish (Niki-Alexander) Shetty, real party in Interest)


Docket 1

*** VACATED *** REASON: ORDER DISMISSING CASE ENTERED ON 9/18/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ryan Estates, LLC Represented By Sevan Gorginian

2:00 PM

6:20-14172


Ryan Estates, LLC


Chapter 11


#20.00 Debtor's Motion for an Order Pursuant to 11 U.S.C. § 303(i) for Damages, Punitive Damages, Costs and Attorney's Fees Related to Motion to Dismiss [Dkt. No. 12] and Order Granting in Part Alleged Debtor's Motion to Dismiss Involuntary Case [Dkt. No. 45]


Also #18 & #21 EH     

(Tele. appr. Raymond Aver, rep. creditor, Jayshree Shah, Mary J. Hilyard, Sandhya Gandhi and Niki Alexander Shetty)


(Tele. appr. Sevan Gorginian, rep. Debtor, Ryan Estates, LLC) (Tele. appr. Robert Jenkins, creditor (LISTEN ONLY)

(Tele. appr. Satish (Niki-Alexander) Shetty, real party in Interest)


Docket 51

Tentative Ruling:

12/15/2020

BACKGROUND

On June 16, 2020, Jayshree Shah, Mary Hilyard, Sandhya Gandhi, and Niki Alexander Shetty (collectively, "Petitioning Creditors"; individually, "Shah," "Hilyard,"

2:00 PM

CONT...

Ryan Estates, LLC

Chapter 11

"Gandhi," and "Shetty") filed an involuntary Chapter 7 petition against Ryan Estates, LLC ("Debtor"). On July 10, 2020, Charulatta Patel ("Patel"). On July 17, 2020, Debtor filed a motion to dismiss. On August 4, 2020, Petitioning Creditors filed their opposition to the motion to dismiss. On August 14, 2020, Gary Warnick ("Warnick") and Sunkara Survivors Trust ("Sunkara") (collectively with Patel and Warnick, the "Joined Creditors"). On August 25, 2020, the Court held a hearing on the motion; the Court dismissed the case pursuant to order entered September 18, 2020, with the parties to further brief the issue of damages under 11 U.S.C. § 303.


On October 31, 2020, Debtor filed its motion for damages. Debtor requested

$22,905.75 in attorney’s fees, $500,000 in actual damages, and punitive damages against Petitioning Creditors and counsel. Debtor specifically requested that damages be apportioned 60% against Petitioning Creditor’s Counsel/Shetty and 40% against the remaining Petitioning Creditors. On November 23, 2020, the Court extended the deadline for the remaining pleadings to be filed.


On November 25, 2020, Shetty, on his own behalf, filed an opposition, as well as a motion for leave to file an oversized brief, and a supporting declaration and request for judicial notice. Shetty’s opposition also purported to serve as a motion to reconsider the order dismissing the bankruptcy case, but Shetty did not clearly attempt to set it for hearing. Additionally, the Court notes that the motion, insofar as the Court were to construe the opposition as a motion, was untimely under Local Rule

9013-1(d). Furthermore, the Court notes that Shetty’s opposition, with supporting documentation, was 2099 pages in length, and, for the reasons stated in the discussions section, infra, the Court is inclined to strike the pleadings filed by Shetty.


That same day, Petitioning Creditors filed their opposition, motions to strike the (unsigned) declarations of Aasim Akhtar ("Akhtar") and Srinivas Karthik ("Karthik"), and evidentiary objections to the declaration of Rao Daluvoy ("Daluvoy").


On December 1 and 2, Debtor filed replies to the oppositions of Shetty and Petitioning Creditors, and an opposition to the evidentiary declaration filed by Petitioning Creditors. On December 7, 2020, Shetty filed a second pleading. It is not clear what this pleading should be characterized, although the Court notes that the first sentence

2:00 PM

CONT...


Ryan Estates, LLC


Chapter 11

of the pleading reads "Niki-Alexander Shetty, as Managing member of Ryan Estates, LLC and party in interest was not previously represented by counsel in any proceedings," a clearly inaccurate statement that serves as a transition to the Court’s analysis.


DISCUSSION



As a preliminary matter, the Court is inclined to strike the pleadings filed by Shetty, specifically docket numbers 55, 57-59, and 74. Specifically, as Shetty is aware, docket number 59 is oversized and not in compliance with the Court Manual guidelines for filed documents. While Shetty did file a motion for leave to file an oversized brief pursuant to Local Rule 9013-2(b), he did not follow the proper procedures for obtaining that leave prior to filing the voluminous docket number 59. Additionally, docket number 74 is an unauthorized pleading not authorized by the Court.


More fundamentally, however, a party cannot have multiple sources of representation filing overlapping pleadings. See, e.g., Epley v. Califro, 59 Cal. 2d 849, 854 ("The attorney of record has the exclusive right to appear in court for his client and neither the party himself nor another attorney should be recognized by the court in the conduct or disposition of the case."). Therefore, Shetty still being represented by Raymond Aver, the Court will strike the pleadings filed by Shetty on his own behalf.


Regarding Petitioning Creditor’s requests to strike the declarations of Akhtar and Karthik, the Court denies those requests as moot because Debtor already withdrew those declarations, and the corresponding damages requests, in the reply filed December 2, 2020. Regarding Petitioning Creditor’s evidentiary objections to the declaration of Daluvoy, the Court is inclined to make the following rulings:

2:00 PM

CONT...


Ryan Estates, LLC


Chapter 11

Paragraph 4

SUSTAIN as to first sentence on the grounds of lack of foundation and personal knowledge, OVERRULE as to the second and third sentences

Paragraph 5

SUSTAIN as the first and third sentences on the grounds of lack of foundation and personal knowledge, OVERRULE as to the second sentence

Paragraph 6

SUSTAIN on the grounds of lack of foundation and personal knowledge

Paragraph 7

SUSTAIN on the grounds of lack of foundation and personal knowledge. The Court also notes that the first sentence is either simply a legal conclusion or is incoherent.

Paragraph 8

SUSTAIN as to the first through third, seventh, ninth, and eleventh through fourteenth sentences on the grounds of lack of foundation and personal knowledge, or because the sentences offer legal conclusions not appropriate for a declaration, OVERRULE as to the remaining sentences.

Paragraph 9

SUSTAIN on the grounds of lack of foundation and personal knowledge.

Paragraph 15

OVERRULE

Paragraph 16

SUSTAIN on the grounds of lack of foundation and personal knowledge. The Court notes that the second sentences does not actually contain any substantive allegation.

Paragraph 17

OVERRULE

2:00 PM

CONT...


Ryan Estates, LLC


Chapter 11

Paragraph 18

OVERRULE

Paragraph 20

OVERRULE

Paragraph 21

SUSTAIN on the grounds of lack of foundation and personal knowledge.

Paragraph 22

SUSTAIN on the grounds that the paragraph lacks relevance.

Paragraph 23

SUSTAIN on the grounds that the paragraph lacks relevance,

Paragraph 24

SUSTAIN on the grounds that the paragraph lacks relevance.

Paragraph 25

SUSTAIN on the grounds that the paragraph lacks relevance.


  1. Legal Standard


    11 U.S.C. § 303(i) states:


    1. If the court dismissed a petition under this section other than on consent of all petitioners and the debtor, and if the debtor does not waive the right to judgment under this subsection, the court may grant judgment –

      1. against the petitioners and in favor of the debtor for –

        1. costs; or

        2. a reasonable attorney’s fee; or

      2. against any petitioner that filed the petition in bad faith, for –

        1. any damages proximately caused by such filing; or

        2. punitive damages

    2:00 PM

    CONT...


    Ryan Estates, LLC


    Chapter 11



    The Ninth Circuit has determined that a totality of the circumstances test applies when confronted with a motion for damages pursuant to § 303(i):


    Although the totality of the circumstances test can be somewhat amorphous, the bankruptcy court, where relevant, should consider the following factors before awarding attorney’s fees and costs under § 303(i): (1) the merits of the involuntary petition, (2) the role of any improper conduct on the part of the alleged debtor, (3) the reasonableness of the actions taken by the petitioning creditors, and (4) the motivation and objectives behind filing the petition.


    Higgins v. Vortex Fishing Sys., Inc., 379 F.3d 701, 707 (9th Cir. 2004) (quotations omitted) (stating also that "[a]lthough definitive in most cases, this list is not exhaustive, and a bankruptcy court may, in its discretion, choose to consider other material factors it deems relevant."). It is "the petitioning creditors’ burden to establish, under the totality of the circumstances, that factors exist which overcome the presumption that Debtor should receive fees and costs." In re C & C Jewelry Mfg., Inc., 373 Fed. Appx. 775 (9th Cir. 2010); see also In re S. Cal. Sunbelt Developers, Inc., 608 F.3d 456, 462 (9th Cir. 2010) ("§303(i)(1) creates a presumption in favor of an award of attorney’s fees"); Sofris v. Maple-Whitworth, Inc., 556 F.3d 642 (9th Cir. 2009) (upon dismissal of involuntary petition, presumption arises in favor of debtor for fees and costs; burden is on petitioning creditor(s) to rebut based on totality of the circumstances).


    Here, Petitioning Creditors do not really present an argument that the first factor weighs in their favor. As is acknowledged, "California law require[s] a writing in order to be able to enforce a promise by a third party to answer for the debts of another," [Dkt. No. 60, pg. 11] and, as such, the involuntary petition clearly lacked merit. Regarding the remaining factors, however, Petitioning Creditors argue that they did not realize their debts were not enforceable against Debtor, and that "Daluvoy was intimately involved in defrauding numerous innocent people." [Dkt. No. 60, pg. 10].


    Regarding the remaining factors, however, the Court finds that the totality of the circumstances weigh in favor of an award of damages against Shetty, but not against Shah, Patel, Gandhi, Hilyard, Warnick, or Sunkara. Specifically, the Court notes that the declarations filed in support of the opposition make clear that Shetty organized and directed the filing of the instant involuntary petition. Shetty, who holds himself out as someone who has "a post graduate degree in law" who has "represented [himself] in various legal matters before the trial and appellate courts in the State of California," could have, in his role as managing member of Debtor, if properly executed, caused Debtor to assume the liabilities of Daluvoy. Given this background,

    2:00 PM

    CONT...


    Ryan Estates, LLC


    Chapter 11

    the Court finds that it is reasonable for the other Petitioning Creditors to have relied on Shetty’s statements to the effect that they held a cognizable claim against Debtor. Furthermore, the Court notes that there is nothing in the record that suggests an improper motivation or objective as it relates to any of the Petitioning Creditors other than Shetty. Regarding Shetty, the Court concludes that the presumption of an award of damages and costs has not been rebutted. Specifically, while the record before the Court is muddled and replete with accusations against the other side, it appears here that: (a) there was no credible basis for Shetty’s filing of the instant involuntary petition; or (b) the involuntary petition lacked merit based on Shetty’s error, which the Court will not deem reasonable since it appears Shetty assumed responsibility for managing that aspect of Debtor. In either case, Shetty has failed to rebut the presumption.


    The Court addresses improper conduct on the part of Debtor in the section on punitive damages, infra.


    Regarding the request for damages to be assessed against Petitioning Creditor’s counsel, Raymond Aver ("Counsel"), the Court notes that the caselaw is not uniform in allowing § 303(i) damages to be assessed against counsel. Compare In re Exchange Network Corp., 92 B.R. 479, 480 (D. Colo. 1988) ("Although the language of § 303(i)

    (1) does not explicitly permit a Court to award attorneys fees against counsel for petitioners, it implicitly permits such action. It is well settled in the Tenth Circuit that when a trial [c]ourt is considering the imposition of sanctions in the more general discovery or trial context, the Court must make an effort to determine where the fault lies, and then impose sanctions accordingly.") with Matter of Ramsden, 17 B.R. 59, 61 (Bankr. N.D. Ga. 1981) ("The Court finds no authority to assess the costs and damages against the attorney whose acts of omission and commission caused these frivolous actions to be filed and heard.").


    Counsel essentially concedes that he was not aware of the California Civil Code section that requires that an agreement to answer for the debtor of another must be in writing. Nevertheless, given the role of Shetty in this case and in the management of Debtor, and his representations that he is experienced in the areas of law and business, the Court does not conclude that primary fault lies with Counsel. Instead, based upon the record in this case, the Court assesses fault as follows:


    75% damages attributable to Shetty 25% damages attributable to Counsel


    In reaching this allocation of culpability, the Court attributes responsibility to Counsel for filing the involuntary without sufficient investigation as to the legal obligations of Debtor. The Court assigns greater liability, however, to Shetty, in a multiple of three,

    2:00 PM

    CONT...


    Ryan Estates, LLC


    Chapter 11

    for his more significant role in directing the involuntary filing, and given his greater knowledge of the Debtor’s obligations as a manager of Debtor, having failed to prepare adequate documentation to effectuate Debtor’s obligations.


  2. Amount of Damages


    Debtor’s reply brief has revised the request for actual damages to: (1) $22,905.75 (plus $7,000 since accrued) for legal fees; (2) $3,268 for transfer tax fees; and (3)

    $50,000 for lost wages for Daluvoy.


    The parties disagree about whether Dr. Daluvoy has standing to request an award of actual costs under 11 U.S.C. § 303(i). While the Court acknowledges that § 303(i)(2) does not contain the limiting language "in favor of the debtor" that is contained in

    § 303(i)(1), the Ninth Circuit has foreclosed the possibility of non-debtor parties recovering damages under § 303(i). Specifically, the Ninth Circuit recently stated the following:


    In In re Miles, we considered whether third parties may seek damages under § 303(i). See Miles v. Okun (In re Miles), 430 F.3d 1083, 1093-94 (9th Cir. 2005). Specifically, we examined two interpretations of standing to seek § 303(i) damages: Either the presence of the phrase "in favor of the debtor" in § 303(i)(1) (regarding costs and attorney’s fees) limits standing to collect all § 303(i) damages to the debtor, or the omission of that phrase from § 303(i)(2) (regarding other damages for bad faith filings) allows persons other than the debtor to collect damages for bad faith filings, but not costs and attorney’s fees. See id. at 1093. In evaluating those competing interpretations, we considered legislative history, relevant caselaw, and public policy to determine the proper reading of the statute. See id. With those factors in mind, we concluded that § 303(i) limits standing to recover statutory damages resulting from an involuntary bankruptcy proceeding to the debtor. Those same factors compel a similar result here.


    Matter of 8Speed8, Inc., 921 F.3d 1193, 1195 (9th Cir. 2019) (citation omitted). This Ninth Circuit ruling came over a dissent that noted that "parties with a close relationship to a debtor . . . have been allowed to collect damages and fees." Id. at 1198. Specifically, the dissent pointed out that entities with an ownership interest in the debtor have, in some circumstances and jurisdictions, obtained damages under

    § 303(i). See id. Nevertheless, as the dissent acknowledges, the majority’s prohibition

    2:00 PM

    CONT...


    Ryan Estates, LLC


    Chapter 11

    on damages being sought by a non-debtor "is absolute, regardless of how closely related the third party is to the debtor." Id. at 1196. Therefore, Dr. Daluvoy’s request for damages is not cognizable under § 303(i).


    Regarding Debtor’s request for $29,905.75 in attorney fees, Petitioning Creditors argue that: (a) one of the invoices is not authenticated; and (b) there is no evidence that Debtor paid the attorney fees requested. The Court does not agree with the former argument because there is no requirement under § 303 for billing records that establish a § 330 reasonableness requirement to be submitted to the Court.

    Nevertheless, the Court is inclined to decline to award costs relating to the representation by Jonathan T. Tasker because Mr. Tasker was not counsel of record to Debtor, there is no evidence establishing what services Mr. Tasker performed, and Mr. Tasker’s own billing invoice identifies Daluvoy, rather than Debtor, as the client. Regarding the amounts requested by Sevan Gorginian, however, the Court disagrees with Petitioning Creditor that Debtor needs to provide evidence that the fees were paid. Whether the amount has been paid, or is owing and to be paid, the attorney’s fees incurred would constitute damages incurred by Debtor. The Court, having reviewed the fees requested and finding no clear objection as reasonableness raised by Petitioning Creditor, is inclined to award $27,408 in fees, with 75% awarded against Shetty and 25% awarded against Counsel. See, e.g., In re Wavelenth, Inc., 61 B.R.

    614, 621 (B.A.P. 9th Cir. 1986) ("Unlike fee awards under 11 U.S.C. § 330, the statute, rules, and case law interpreting § 303 have not delineated clear standards for finding whether a particular fee is justified. At a minimum, however, compensation should be reasonable. Any award should also be based on detailed accounts of services rendered. Although the type of fee application used for § 330 awards is not requisite, the records submitted in a § 303(i) setting should clearly identify the nature of work performed, its relevance to the defense to the involuntary petition, and the time expended.").


    Regarding the $3,268 relating to a transfer tax fees, the Court notes that the explanation why this cost was caused by the filing of this petition simply lacks merit. Paragraph 17 of Daluvoy’s declaration indicates that transfer occurred because of the ongoing dispute between Shetty and Daluvoy, and the attached exhibit indicates that the transfer took place long before the instant involuntary petition was filed. As such, the Court will not award this cost.

    2:00 PM

    CONT...


    Ryan Estates, LLC

  3. Punitive Damages


Chapter 11



Debtor finally requests punitive damages. A prerequisite to an award of punitive damages under § 303(i) is a bad faith finding by the Court. "The Bankruptcy Code does not define ‘bad faith’ for purposes of awarding punitive damages under

§ 303(i)." In re Wavelength, Inc., 61 B.R. 614, 619 (B.A.P. 9th Cir. 1986). Bad faith is recognized when a petition is "ill-advised or motivated by spite, malice or a desire to embarrass the debtor." Id. "Bad faith should be measured by an objective test that asks what a reasonable person would have believed." Id. At 620. "Punitive damages are appropriately awarded in response to particularly egregious conduct or a purely frivolous filing." In re Mundo Custom Homes, 179 B.R. 566, 571 (Bankr. N.D. Ill.

1995).


Here, given the evidence submitted to the Court during the course of the proceedings, including the declarations submitted in support of the pleadings related to this motion, Dr. Daluvoy’s uncontested liability for significant amounts of investment funds entrusted to him, Shetty’s role in managing Debtor and his general litigiousness,1 and the murky and highly contested evidentiary record regarding the acts of Daluovy and Shetty, the Court concludes that Shetty organized the filing of the instant involuntary petition as part of an escalating legal and business dispute with Daluvoy. While the tone of the pleadings filed by Shetty implies that he likely was "motivated by spite, malice or a desire to embarrass the debtor," the Court is also of the firm impression that Daluvoy, individually or in connection with Debtor, may also have engaged in some improper conduct2, and that the instant filing may not have been "purely frivolous." Therefore, and noting that Shetty’s failure to execute proper paperwork is the proximate cause of the failure of the instant filing, while it is somewhat of a close call, the Court is inclined to decline an award of punitive damages at this time.


TENTATIVE RULING



The Court is inclined to GRANT the motion the motion to the extent of awarding Debtor $27,408 in actual damages, with 75% assessed against Shetty and 25% assessed against Counsel.

2:00 PM

CONT...


Ryan Estates, LLC


Chapter 11


APPEARANCES REQUIRED.


Party Information

Debtor(s):

Ryan Estates, LLC Represented By Sevan Gorginian

2:00 PM

6:20-14172


Ryan Estates, LLC


Chapter 11


#21.00 Motion for leave to file oversized brief in support of managing member and petitioning creditor Niki-Alexander Shetty's Opposition to Motion for an order pursuant to 11 U.S.C. §303(i) for damages, punitive damages, costs and attorney fees and motion to reconsider dismissal of bankruptcy petition


Also 18 & 20 EH     

(Tele. appr. Raymond Aver, rep. creditor, Jayshree Shah, Mary J. Hilyard, Sandhya Gandhi and Niki Alexander Shetty)


(Tele. appr. Sevan Gorginian, rep. Debtor, Ryan Estates, LLC) (Tele. appr. Robert Jenkins, creditor (LISTEN ONLY)

(Tele. appr. Raymond Aver, rep. creditor, Jayshree Shah, Mary J. Hilyard, Sandhya Gandhi and Niki Alexander Shetty)


(Tele. appr. Sevan Gorginian, rep. Debtor, Ryan Estates, LLC) (Tele. appr. Robert Jenkins, creditor (LISTEN ONLY)

(Tele. appr. Satish (Niki-Alexander) Shetty, real party in Interest)


Docket 55

Tentative Ruling:

- NONE LISTED -

2:00 PM

CONT...


Debtor(s):


Ryan Estates, LLC


Party Information


Chapter 11

Ryan Estates, LLC Represented By Sevan Gorginian

11:00 AM

6:10-42994


Elizabeth Chacon


Chapter 7


#1.00 Motion to Allow Claim no. 2 of Midland Funding, LLC as Late Filed, Allowable Against Surplus Funds


EH        


Docket 22

Tentative Ruling:

12/16/2020

BACKGROUND


On October 12, 2010, Elizabeth Chacon ("Debtor") filed a voluntary petition for chapter 7 relief. Debtor received a discharge on January 26, 2011, and the case was subsequently closed on February 17, 2011.


The case was reopened on May 21, 2020 to enable Trustee to administer a refund Debtor was entitled to from a collateral protection insurance policy on her vehicle.

On June 5, 2020, a Notice of Possible Dividend and Order Fixing Time to File Claims was served on all creditors. The claim bar date was September 7, 2020. On November 4, 2020, Midland Funding, LLC ("Claimant") filed a claim in the amount of $3,767.58 ("Claim 2").


Trustee filed the instant motion on November 9, 2020 objecting to Claim 2 and seeking to allow payment on it to the extent of any surplus pursuant to 11 U.S.C. § 726(a)(3).


DISCUSSION


11 U.S.C. § 502(b)(9) provides:


(b) Except as provided in subsections (e)(2), (f), (g), (h) and (i) of this section, if such objection to a claim is made, the court, after notice and a hearing, shall determine the amount of such claim in lawful currency

11:00 AM

CONT...


Elizabeth Chacon

of the United States as of the date of the filing of the petition, and shall allow such claim in such amount, except to the extent that –

  1. proof of such claim is not timely filed, except to the extent tardily filed as permitted under paragraph (1), (2), or (3) of section 726(a) of this title or under the Federal Rules of Bankruptcy Procedure, except that a claim of a governmental unit shall be timely filed if it is filed before 180 days after the date of the order for relief or such later time as the Federal Rules of Bankruptcy Procedure may provide, and except that in a case under chapter 13, a claim of a governmental unit for a tax with respect to a return filed under section 1308 shall be timely if the claim is filed on or before the date that is 60 days after the date on which such return was filed as required.


    Chapter 7


    11 U.S.C. § 502(b)(9) (emphasis added). 11 U.S.C. § 726(a)(3) states:


    1. Except as provided in section 510 of this title, property of the estate shall be distributed—

      (3) third, in payment of any allowed unsecured claim proof of which is tardily filed under section 501(a) of this title, other than a claim of the kind specified in paragraph (2)(C) of this subsection;


      11 U.S.C. § 726(a)(3).


      Here, Claim 2 was filed late, and thus is only allowed to the extent there is a surplus left at the time it is entitled to distribution.


      TENTATIVE RULING


      For the foregoing reasons, there being no opposition filed, service appearing proper, the Court is inclined to GRANT the motion, SUSTAINTING Trustee’s objection to Claim 2 and ALLOWING Claim 2, as late filed, pursuant to 11 U.S.C. § 726(a)(3).


      APPEARANCES WAIVED. If written or oral opposition is presented at the hearing, the hearing may be continued. Movant to lodge order within 7 days.

      11:00 AM

      CONT...


      Debtor(s):


      Elizabeth Chacon


      Party Information


      Chapter 7

      Elizabeth Chacon Represented By Omar Zambrano

      Movant(s):

      John P Pringle (TR) Pro Se

      Trustee(s):

      John P Pringle (TR) Pro Se

      11:00 AM

      6:11-12667


      Maximino Romero Torres and Rebecca Anne Torres


      Chapter 7


      #2.00 Order to Show Cause why James Alderson should not be held in Contempt of Court for failing to comply with the Sanctions Order entered September 3, 2020


      EH     


      (Tele. appr. James Alderson, rep. Debtor)


      Docket 141


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Maximino Romero Torres Represented By James A Alderson

      Joint Debtor(s):

      Rebecca Anne Torres Represented By James A Alderson

      Trustee(s):

      Patricia J Zimmermann (TR) Pro Se

      11:00 AM

      6:13-22713


      Abel Solorzano and Irma Solorzano


      Chapter 7


      #3.00 CONT Trustee's Final Report and Applications for Compensation (Holding Date)


      From: 4/1/20, 5/13/20, 9/9/20, 10/14/20 EH         

      (Tele. appr. Ivan Kallick, rep. movant Manatt)


      Docket 464

      *** VACATED *** REASON: CONTINUED TO 2/10/21 BY ORDER ENTERED 12/7/20

      Tentative Ruling:

      - NONE LISTED -

      Party Information

      Debtor(s):

      Abel Solorzano Represented By Byron Z Moldo Howard Camhi

      Joint Debtor(s):

      Irma Solorzano Represented By Byron Z Moldo Howard Camhi

      Trustee(s):

      Howard B Grobstein (TR) Represented By Ivan L Kallick

      11:00 AM

      6:13-30133


      Nabeel Slaieh


      Chapter 7


      #4.00 Notice of Trustee's Final Report and Applications for Compensation EH     

      (Tele. appr. David Wood, rep. Trustee, Larry Simons)


      Docket 513


      Tentative Ruling:

      12/16/2020


      Service: Proper Opposition: None


      The applications for compensation of the Trustee and the Counsel for the Trustee have been set for hearing on the notice required by LBR 2016-1. Pursuant to the Trustee's Final Report and the applications of the associated professionals, the Court is inclined to APPROVE the following administrative expenses:


      Trustee Fees: $152.15 Trustee Expenses: $39.02


      Attorney Fees: $19,813.84 Attorney Expenses: $944.54


      Trustee Insurance Agency: $200 Court Costs: $1,050

      APPEARANCES WAIVED. If written or oral opposition is presented at the hearing, the hearing may be continued. Trustee to lodge order within 7 days.


      Party Information

      11:00 AM

      CONT...

      Debtor(s):


      Nabeel Slaieh


      Chapter 7

      Nabeel Slaieh Represented By

      George A Saba - INACTIVE -

      Trustee(s):

      Larry D Simons (TR) Represented By

      D Edward Hays David Wood Matthew Grimshaw

      11:00 AM

      6:17-10724


      Bausman and Company Incorporated


      Chapter 7


      #5.00 CONT. Notice of Trustee's Final report and applications for compensation EH     

      Also #5.1 From: 11/4/20

      (Tele. appr. Peter Bronson, rep. Claimant, Osnap Inc.) (Tele. appr. Caroline Djang, rep. trustee, Robert Whitmore)

      (Tele. appr. Ivo Keller, rep. creditor, RREEF American REIT II Corp.)


      (Tele. appr. Robert Whitmore, chapter 7 trustee) v


      Docket 226


      Tentative Ruling:

      11/4/2020

      No opposition has been filed. Service was Proper.


      The applications for compensation of the Trustee, Counsel for the Trustee, and Accountant for Trustee have been set for hearing on the notice required by LBR 2016-1. Pursuant to the Trustee's Final Report and the applications of the associated professionals, the Court is inclined to APPROVE the following administrative expenses:


      Trustee Fees: $ 13,017.07 Trustee Expenses: $ 0.00


      Attorney Fees: $ 45,000.00

      11:00 AM

      CONT...


      Bausman and Company Incorporated


      Chapter 7

      Attorney Costs: $ 5,952.34


      Accountant Fees: $3,696.00 Accountant Costs: $332.40


      Franchise Tax Board: $2,608.28, pursuant to Claim 60 Court Costs: $1,050

      Regarding the remaining distribution of funds, the Court notes two issues with the proposed distribution. First, noting that 11 U.S.C. § 726(b) subordinates the payment of administrative expenses incurred in a previous chapter to administrative expenses incurred during the pendency of the Chapter 7 case, it is unclear why the United States Trustee fees are being paid as a Chapter 7 administrative expense rather than a Chapter 11 administrative expense. Second, the Court notes that for many of the claims that are being paid as a Chapter 11 administrative expense, the proof of claim filed by the claimant states that the claim is not entitled to priority. It is unclear why Trustee would unilaterally change that designation to pay the claim as a priority claim rather than pay the claims in accordance with the treatment identified on the proof of claim (and pursuant to the applicable statutory scheme).


      APPEARANCES REQUIRED.

      Party Information

      Debtor(s):

      Bausman and Company Incorporated Represented By

      William A Smelko

      Trustee(s):

      Robert Whitmore (TR) Represented By

      Best Best & Krieger Caroline Djang

      11:00 AM

      6:17-10724


      Bausman and Company Incorporated


      Chapter 7


      #5.10 Omnibus Motion for Allowance of Administrative Expenses Claims no# 19, 33, 38 and 40, pursuant to 11 U.S.C. Section 503(B)(1)


      Also #5 EH     

      Docket 231


      Tentative Ruling:

      12/16/2020

      Service proper on shortened notice No opposition filed


      TENTATIVE RULING


      For the reasons set forth in the motion, no opposition having been filed, the Court is inclined to GRANT the motion and ALLOW claim numbers 19, 33, 38, and 40 as administrative claims pursuant to 11 U.S.C. § 503(b)(1)(a).


      APPEARANCES REQUIRED.

      Party Information

      Debtor(s):

      Bausman and Company Incorporated Represented By

      William A Smelko

      Trustee(s):

      Robert Whitmore (TR) Represented By

      Best Best & Krieger Caroline Djang

      11:00 AM

      6:18-16149


      Richard Garavito


      Chapter 7


      #6.00 Application by Trustee to employ accountants for the estate EH        

      Docket 280


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Richard Garavito Represented By Todd L Turoci

      Movant(s):

      Steven M Speier (TR) Represented By Rika Kido

      Trustee(s):

      Steven M Speier (TR) Represented By Rika Kido

      11:00 AM

      6:18-19365


      Beverly Murphy


      Chapter 7


      #7.00 Notice of Trustee's Final Report; Applications for Compensation EH     

      (Tele. appr. Lynda Bui, chapter 7 trustee)


      Docket 62

      Tentative Ruling: 12/16/2020

      Service: Proper Opposition: None


      The applications for compensation of the Trustee and the Accountant for the Trustee have been set for hearing on the notice required by LBR 2016-1. Pursuant to the Trustee's Final Report and the applications of the associated professionals, the Court is inclined to APPROVE the following administrative expenses:


      Trustee Fees: $57,940.36 Trustee Expenses: $955.05


      Accountant Fees: $3,442.50 Accountant Expenses: $279.69


      APPEARANCES WAIVED. If written or oral opposition is presented at the hearing, the hearing may be continued. Trustee to lodge order within 7 days.


      Party Information

      Debtor(s):

      Beverly Murphy Represented By Paul Y Lee

      11:00 AM

      CONT...

      Trustee(s):


      Beverly Murphy


      Chapter 7

      Lynda T. Bui (TR) Represented By Jeffrey S Sheldon

      11:00 AM

      6:20-15624


      Lana Lu


      Chapter 7


      #8.00 Motion by Chapter 7 Trustee Objecting to Debtor's Claimed California Exemptions


      EH     


      (Tele. appr. Vanmai Nguyen, rep. Debtor)


      (Tele. appr. Frank Ruggier, rep. trustee, Larry Simons)


      Docket 20


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Lana Lu Represented By

      Vanmai H Nguyen

      Trustee(s):

      Larry D Simons (TR) Represented By Frank X Ruggier Larry D Simons

      2:00 PM

      6:17-19647


      Sean Karadas


      Chapter 7


      #9.00 Motion by Chapter 7 Trustee to close case with an unadministered asset EH        

      (Tele. appr. Charles W. Daff, chapter 7 trustee) (Tele. appr. Robert Goe, rep. trustee, Charles Daff)

      Docket 87


      Tentative Ruling:

      12/16/2020

      Service proper

      No opposition filed


      BACKGROUND


      In the instant motion, filed October 12, 2020, Trustee seeks to close Case 6:17-19647, In re Sean Karadas, filed on November 20, 2017 with an unadministered asset in the amount of $327,653.00, plus attorney fees of $3,896.05. The asset was ordered be turned over on October 24, 2018. Debtor has not complied with the order and there have been multiple orders to show cause, as well as contempt and body detention orders. As such, Trustee requests the Court except the asset from abandonment and that the turnover order remain fully enforceable should Trustee re-open the case.


      DISSCUSION


      11 U.S.C. § 704(1) requires that a trustee "close an estate as expeditiously as is compatible with the best interest of the parties in interest." The Handbook for Chapter 7 Trustees provides:


      In order to ensure that a trustee complies with the duty to close cases expeditiously under § 704(1), the United States Trustee monitors the number and age of open cases and the reasons they remain open. For United States

      2:00 PM

      CONT...


      Sean Karadas

      Trustee reporting purposes, an "old" case is one that has been open more than three years.


      Chapter 7


      Vol. 2: Chapter 7 Case Administration, Pg. 33 available at Volume 2: Chapter 7 Case Administration (justice.gov).

      11 U.S.C. § 554 allows the Court to prevent unadministered property from being abandoned to a debtor:


      Unless the court orders otherwise, any property scheduled under section 521(a)

      1. of this title not otherwise administered at the time of the closing of a case is abandoned to the debtor and administered for purposes of section 350 of this title.


      11 U.S.C. § 554(c).


      The case having been opened for three years is an "old" case ripe for closure. Further, the Debtor having skirted the Court’s orders is cause to order the asset remain unadministered until turned over.


      TENTATIVE RULING


      For the reasons set forth above, the Court is inclined to GRANT the motion.


      APPEARANCES REQUIRED.

      Party Information

      Debtor(s):

      Sean Karadas Represented By Todd L Turoci

      Trustee(s):

      Charles W Daff (TR) Represented By Robert P Goe

      Thomas J Eastmond

      2:00 PM

      6:17-19647


      Sean Karadas


      Chapter 7

      Adv#: 6:20-01171 Daff (TR) v. Karadas


      #10.00 Status Conference re: Complaint by Charles W Daff (TR) against Sean Karadas). To Revoke and Deny Discharge of Debtor (Attachments: # 1 Summons # 2 Adversary Cover Sheet) Nature of Suit: (41 (Objection / revocation of discharge - 727(c),(d),(e))) (Daff (TR), Charles)


      EH     


      (Tele. appr. Charles W. Daff, chapter 7 trustee) (Tele. appr. Robert Goe, rep. trustee, Charles Daff)

      Docket 1


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Sean Karadas Represented By Todd L Turoci

      Defendant(s):

      Sean Karadas Pro Se

      Plaintiff(s):

      Charles W Daff (TR) Pro Se

      Trustee(s):

      Charles W Daff (TR) Represented By Robert P Goe

      Thomas J Eastmond

      2:00 PM

      6:19-10556


      Timothy Mark Aitken


      Chapter 7

      Adv#: 6:20-01022 Grobstein v. Aitken


      #11.00 Plaintiff's motion for Default Judgment against Defendant Alicia Aitken Also #12

      EH     


      (Tele. appr. Larry Simons, rep. Plaintiff, Howard Grobstein)


      Docket 27


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Timothy Mark Aitken Pro Se

      Defendant(s):

      Alicia Aitken Pro Se

      Joint Debtor(s):

      Esmeralda Aitken Pro Se

      Plaintiff(s):

      Howard Grobstein Represented By Larry D Simons

      Trustee(s):

      Howard B Grobstein (TR) Represented By Larry D Simons

      2:00 PM

      6:19-10556


      Timothy Mark Aitken


      Chapter 7

      Adv#: 6:20-01022 Grobstein v. Aitken


      #12.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01022. Complaint by Howard Grobstein against Alicia Aitken. (Charge To Estate). with adversary cover sheet Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer))


      From: 5/6/20, 6/10/20, 7/1/20, 8/19/20, 9/30/20,12/2/20 Also #11

      EH     


      Docket 1


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Timothy Mark Aitken Pro Se

      Defendant(s):

      Alicia Aitken Pro Se

      Joint Debtor(s):

      Esmeralda Aitken Pro Se

      Plaintiff(s):

      Howard Grobstein Represented By Larry D Simons

      Trustee(s):

      Howard B Grobstein (TR) Represented By

      2:00 PM

      CONT...


      Timothy Mark Aitken


      Larry D Simons


      Chapter 7

      11:00 AM

      6:17-12232


      Margarito Martinez


      Chapter 13

      Adv#: 6:19-01051 Martinez v. Garza et al


      #1.00 CONT Status Conference RE: [1] Adversary case 6:19-ap-01051. Complaint by Margarito Martinez against Cesar Emilo Garza, Noe Pelayo, George Arthur Macias, Flor Valladares, Henry Gonzalez, West Coast Realty, Inc., Grand Capital Group, M&M Associates. (Charge To Estate - $350.00). Nature of Suit: (11 (Recovery of money/property - 542 turnover of property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy)))


      From: 5/23/19, 8/22/19, 10/17/19, 12/19/19, 2/20/20, 3/19/20, 4/16/20, 4/30/20


      EH     


      (Tele. appr. Rod Danielson, rep. Chapter 13 Trustee)


      Docket 1


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Margarito Martinez Represented By Christopher J Langley

      Defendant(s):

      Cesar Garza Pro Se

      Noe Pelayo Pro Se

      George Arthur Macias Pro Se

      Flor Valladares Pro Se

      Henry Gonzalez Pro Se

      West Coast Plus Realty, Inc. Pro Se

      11:00 AM

      CONT...


      Margarito Martinez


      Chapter 13

      Grand Capital Group Pro Se

      M&M Associates Pro Se

      Plaintiff(s):

      Margarito Martinez Represented By Christopher J Langley

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:18-20547


      Tawnie L Vanderham


      Chapter 13


      #2.00 Application for Compensation for Benjamin R Heston, Debtor's Attorney, Period: 12/4/2019 to 10/15/2020, Fee: $3,535.00, Expenses: $141.75.


      Also #3 EH     

      (Tele. appr. Rod Danielson, rep. Chapter 13 Trustee)


      (Tele. appr. Benjamin Heston, rep. Debtor, Tawnie Vanderham)


      Docket 119


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Tawnie L Vanderham Represented By Benjamin R Heston

      Movant(s):

      Tawnie L Vanderham Represented By Benjamin R Heston

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:18-20547


      Tawnie L Vanderham


      Chapter 13


      #3.00 Debtor's Motion to Vacate Dismissal Pursuant to Federal Rule of Civil Procedure 60(b) and Federal Rule of Bankruptcy Procedure 9024


      Also #2 EH     

      (Tele. appr. Rod Danielson, rep. Chapter 13 Trustee)


      (Tele. appr. Benjamin Heston, rep. Debtor, Tawnie Vanderham)


      Docket 123


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Tawnie L Vanderham Represented By Benjamin R Heston

      Movant(s):

      Tawnie L Vanderham Represented By Benjamin R Heston

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:19-18289


      Zackery B. Ogletree and Danielle Police


      Chapter 13


      #4.00 CONT. Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to modify plan or suspend plan payments


      From 10/15/20, 11/5/20 EH     

      (Tele. appr. Rod Danielson, rep. Chapter 13 Trustee)


      (Tele. appr. James Hornbuckle, rep. Debtor Zachery Ogletree)


      Docket 32


      Tentative Ruling:

      - NONE LISTED -


      Debtor(s):


      Party Information

      Zackery B. Ogletree Represented By

      James D. Hornbuckle

      Joint Debtor(s):

      Danielle Police Represented By

      James D. Hornbuckle

      Movant(s):

      Rod Danielson (TR) Pro Se

      Trustee(s):

      Rod Danielson (TR) Pro Se

      11:00 AM

      6:19-18785


      Phat M Khamkathok


      Chapter 13


      #5.00 Debtor's Objection to Claim of Merrick Bank, Number Three (3) and Motion for order disallowing claim


      EH     


      (Tele. appr. Rod Danielson, rep. Chapter 13 Trustee)


      Docket 35

      Tentative Ruling:

      12/17/2020

      BACKGROUND:


      On October 4, 2019, Phat Khamkathok ("Debtor") filed a Chapter 13 voluntary petition. On October 15, 2019, Merrick Bank ("Creditor") filed a proof of claim for an unsecured claim in the amount of $957.72 ("Claim 3"). On January 15, 2020, Debtor’s Chapter 13 plan was confirmed.


      On November 6, 2020, Debtor filed an objection to Claim 3. Debtor argues that Claim 3 is barred by the statute of limitations because the last payment date was on April 7, 2011. Debtor also requests that any funds paid to Creditor be returned to Trustee, although it does not appear that Trustee has begun making payments on general unsecured claims. On November 19, 2020, Creditor withdrew Claim 3.


      APPLICABLE LAW:

      11:00 AM

      CONT...


      Phat M Khamkathok


      Chapter 13

      Pursuant to 11 U.S.C. § 502(a), a proof of claim is deemed allowed unless a party in interest objects. Absent an objection, a proof of claim constitutes prima facie evidence of the validity and amount of the claim under Federal Rule of Bankruptcy Procedure ("FRBP") 3001(f). See Lundell v. Anchor Constr. Specialists, Inc., 223 F.3d 1035, 1039 (9th Cir. 2000). When a party files an objection to a proof of claim, that filing "creates a dispute which is a contested matter" within the meaning of FRBP 9014 and the Court must resolve the matter after notice and opportunity for hearing upon a motion for relief. Id.


      When a creditor has filed a proof of claim that complies with the rules (thereby giving rise to the presumption of validity), the burden shifts to the objecting party who must "present evidence to overcome the prima facie case." In re Medina, 205 B.R. 216, 222 (9th Cir. B.A.P. 1996). To defeat the claim, the objecting party must provide sufficient evidence and "show facts tending to defeat the claim by probative force equal to that of the allegations of the proofs of claim themselves." Lundell, 223 F.3d at 1039 (quoting In re Holm, 931 F.2d 620, 623 (9th Cir. 1991)). "The objector must produce evidence, which, if believed, would refute at least one of the allegations that is essential to the claim’s legal sufficiency." Lundell, 223 F.3d at 1040 (quoting In re Allegheny Int’l, Inc., 954 F.2d 167, 173-74 (3d Cir. 1992)). If the objecting party produces sufficient evidence to negate one or more of the sworn facts in the proof of claim, the burden reverts back to the claimant to prove the validity of the claim by a preponderance of the evidence. See In re Consol. Pioneer Mort, 178 B.R. 222, 226 (9th Cir. BAP 1995), aff’d, 91 F.3d 151 (9th Cir. 1996) (quoting Allegheny Int’l, 954 F.2d at 173-74). The ultimate burden of persuasion remains at all times on the claimant. See Lundell, 223 F.3d at 1039; see also Holm, 931 F.2d at 623.


      ANALYSIS:


      The Court notes that Creditor withdrew Claim 3 on November 19, 2020. While FED. R. BANKR. P. Rule 3006 prohibits a creditor from withdrawing a filed proof of claim after the filing of a claim objection, the Court will construe the withdrawal of Claim 3, and

      11:00 AM

      CONT...


      Phat M Khamkathok


      Chapter 13

      the failure to oppose the claim objection, as consent to the relief requested pursuant to Local Rule 9013-1(h).


      Additionally, 11 U.S.C. § 502(b)(1) (2005) states:


    2. Except as provided in subsections (e)(2), (f), (g), (h) and (i) of this section, if such objection to a claim is made, the court, after notice and a hearing, shall determine the amount of such claim in lawful currency of the United States as of the date of the filing of the petition, and shall allow such claim in such amount, except to the extent that—


      1. such claim is unenforceable against the debtor and property of the debtor, under any agreement or applicable law for a reason other than because such claim is contingent or unmatured;


CAL. CODE CIV. P. § 337 (2016) provides a statute of limitations of four years for debts founded on written contracts, book accounts, accounts stated based upon account in writing, "balance of mutual, open and current account in writing," and rescission of written contract. Once the statute of limitations has passed, the claim is unenforceable. See e.g., Guaranty Trust Co. v. United States, 304 U.S. 126 (1938).


Claim 3 states that it is based upon a credit card. Therefore, it appears that Claim 3 fits within the category established by CAL. CODE CIV. P. § 337, and that the statute of limitations is four years. The proof of claim identifies a last payment date of April 7, 2011. That is more than four years prior to the filing of the bankruptcy case, and, therefore, Claim 3 is unenforceable.


TENTATIVE RULING

11:00 AM

CONT...


Phat M Khamkathok


Chapter 13


The Court is inclined to SUSTAIN the objection to the extent of DISALLOWING Claim 3 in its entirety.


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

Debtor(s):

Phat M Khamkathok Represented By Paul Y Lee

Movant(s):

Phat M Khamkathok Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-16241


Gabrielle Mendoza


Chapter 13


#6.00 Motion to Disallow Claim No.3 filed by Mechanics Bank, a California Banking Corporation


EH        


(Tele. appr. Rod Danielson, rep. Chapter 13 Trustee) (Tele. appr. Nancy Clark, rep. Debtor, Gabrielle Mendoza)

Docket 19


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Gabrielle Mendoza Represented By Michael E Clark

Movant(s):

Gabrielle Mendoza Represented By Michael E Clark Michael E Clark

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-16451


Cesar Poblete Perea


Chapter 13


#7.00 Confirmation of Chapter 13 Plan EH        

(Tele. appr. Rod Danielson, rep. Chapter 13 Trustee)


Docket 2


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Cesar Poblete Perea Represented By

Hasmik Jasmine Papian

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-16471


Carl A Collins


Chapter 13


#8.00 Confirmation of Chapter 13 Plan EH        

(Tele. appr. Rod Danielson, rep. Chapter 13 Trustee) (Tele. appr. Natalie Alvarado, rep. Debtor, Carl Collins)

Docket 2


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Carl A Collins Represented By Natalie A Alvarado

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-16478


Charles Sanchez


Chapter 13


#9.00 Confirmation of Chapter 13 Plan EH        

(Tele. appr. Rod Danielson, rep. Chapter 13 Trustee)


Docket 17


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Charles Sanchez Represented By Neil R Hedtke

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-16493


Brenadette Schoby


Chapter 7


#10.00 Confirmation of Chapter 13 Plan EH        

(Tele. appr. Rod Danielson, rep. Chapter 13 Trustee)


Docket 6

*** VACATED *** REASON: CASE CONVERTED TO CHAPTER 7 ON 10/27/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Brenadette Schoby Represented By Suzette Douglas

Trustee(s):

Karl T Anderson (TR) Pro Se

11:00 AM

6:20-16628


Alexandria Dacanay Calunsod


Chapter 13


#11.00 Confirmation of Chapter 13 Plan EH        

(Tele. appr. Rod Danielson, rep. Chapter 13 Trustee)


Docket 2


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Alexandria Dacanay Calunsod Represented By

Hasmik Jasmine Papian

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-16638


Latacia D Sanders


Chapter 13


#12.00 Confirmation of Chapter 13 Plan EH        

Docket 0

*** VACATED *** REASON: CASE DISMISSED 11/03/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Latacia D Sanders Pro Se

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-16639


Sue Ellen Calapardo Guevara


Chapter 13


#13.00 Confirmation of Chapter 13 Plan EH        

(Tele. appr. Rod Danielson, rep. Chapter 13 Trustee)


(Tele. appr. Edgar Lombera, rep. Debtor, Sue Ellen Guevara)


Docket 2


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Sue Ellen Calapardo Guevara Represented By Edgar P Lombera

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-16674


Efren Valenzuela


Chapter 13


#14.00 Confirmation of Chapter 13 Plan EH        

(Tele. appr. Rod Danielson, rep. Chapter 13 Trustee)


(Tele. appr. Edgar Lombera, rep. Debtor, Efren Valenzuela)


Docket 2


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Efren Valenzuela Represented By Edgar P Lombera

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-16684


Ronald Eugene Day


Chapter 13


#15.00 Confirmation of Chapter 13 Plan EH        

Docket 2


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Ronald Eugene Day Represented By Brad Weil

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-16704


DEREK B WINKENWEDER


Chapter 13


#16.00 Confirmation of Chapter 13 Plan EH        

Docket 0

*** VACATED *** REASON: CASE DISMISSED 10/19/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

DEREK B WINKENWEDER Represented By Jamil L White

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-16784


Jane Bowers


Chapter 13


#17.00 Confirmation of Chapter 13 Plan EH        

Docket 0

*** VACATED *** REASON: CASE DISMISSED 10/27/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jane Bowers Pro Se

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-16811


Fausto Maldonado


Chapter 13


#18.00 Confirmation of Chapter 13 Plan EH        

Docket 0

*** VACATED *** REASON: CASE DISMISSED 11/02/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Fausto Maldonado Pro Se

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-16858


Stephanie Marie Encinas


Chapter 13


#19.00 Confirmation of Chapter 13 Plan EH        

Docket 2


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Stephanie Marie Encinas Represented By Brian J Soo-Hoo

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-16860


Maria Herminia De Casas


Chapter 13


#20.00 Confirmation of Chapter 13 Plan EH        

Docket 2


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Maria Herminia De Casas Represented By Arlene M Tokarz

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-16891


Andrew Nixon


Chapter 13


#21.00 Confirmation of Chapter 13 Plan EH        

Docket 2


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Andrew Nixon Represented By Andy Nguyen

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:17-14972


Jude Okwor


Chapter 13


#22.00 CONT. Trustee's Motion to Dismiss Case From: 12/3/20

EH     


(Tele. appr. Rod Danielson, rep. Chapter 13 Trustee)


Docket 99


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jude Okwor Represented By

Javier H Castillo

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:17-20072


Lawrence Edmond, III


Chapter 13


#23.00 Trustee's Motion to Dismiss Case EH     

Docket 61

*** VACATED *** REASON: NOTICE OF WITHDRAWAL FILED 12/14/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Lawrence Edmond III Represented By Neil R Hedtke

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-10484


Xavier C. Luna


Chapter 13


#24.00 Trustee's Motion to Dismiss Case EH     

Docket 87

*** VACATED *** REASON: NOTICE OF WITHDRAWAL FILED 11/23/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Xavier C. Luna Represented By Christopher J Langley Michael Smith

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-11751


Leonard Lott and Darlene Lott


Chapter 13


#25.00 Trustee's Motion to Dismiss Case EH     

(Tele. appr. Rod Danielson, rep. Chapter 13 Trustee)


Docket 46


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Leonard Lott Represented By

Daniel King

Joint Debtor(s):

Darlene Lott Represented By

Daniel King

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-13939


Armando Richard Moreno


Chapter 13


#26.00 Trustee's Motion to Dismiss Case EH     

Docket 35

*** VACATED *** REASON: NOTICE OF WITHDRAWAL FILED 12/15/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Armando Richard Moreno Represented By Todd L Turoci

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-14029


Cynthia Molina Gomez


Chapter 13


#27.00 Trustee's Motion to Dismiss Case EH     

(Tele. appr. Rod Danielson, rep. Chapter 13 Trustee)


Docket 67


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Cynthia Molina Gomez Represented By Joshua L Sternberg

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-14735


Trinen Arniese Pratt


Chapter 13


#28.00 CONT. Trustee's Motion to Dismiss Case From: 12/3/20

EH     


Docket 91

*** VACATED *** REASON: NOTICE OF WITHDRAWAL FILED 12/8/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Trinen Arniese Pratt Represented By

Rabin J Pournazarian

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-14906


Dari Kelley


Chapter 13


#29.00 CONT. Trustee's Motion to Dismiss Case From: 11/19/20

EH     


Docket 46

*** VACATED *** REASON: NOTICE OF WITHDRAWAL FILED 12/9/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Dari Kelley Represented By

Sundee M Teeple

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-15511


Ralph Carver Lowe


Chapter 13


#30.00 Trustee's Motion to Dismiss Case EH     

(Tele. appr. Rod Danielson, rep. Chapter 13 Trustee)


Docket 58

*** VACATED *** REASON: NOTICE OF WITHDRAWAL FILED 12/16/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ralph Carver Lowe Represented By Neil R Hedtke

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-20463


Christopher Monroe and Aysheh Spicer


Chapter 13


#31.00 Trustee's Motion to Dismiss Case EH     

(Tele. appr. Rod Danielson, rep. Chapter 13 Trustee) (Tele. appr. Paul Lee, rep. Debtor, Christopher Monroe)

Docket 51


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Christopher Monroe Represented By Paul Y Lee

Joint Debtor(s):

Aysheh Spicer Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:19-21002


Jose Luis Feliciano and Linda Joann Feliciano


Chapter 13


#32.00 Trustee's Motion to Dismiss Case EH     

Docket 29

*** VACATED *** REASON: NOTICE OF WITHDRAWAL FILED 12/7/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jose Luis Feliciano Represented By Carey C Pickford

Joint Debtor(s):

Linda Joann Feliciano Represented By Carey C Pickford

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:20-10899


Elizabeth T Baker


Chapter 13


#33.00 CONT. Trustee's Motion to Dismiss Case From: 12/3/20

EH     


(Tele. appr. Rod Danielson, rep. Chapter 13 Trustee)


Docket 51


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Elizabeth T Baker Represented By Nancy Korompis Jennifer F Tanios

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:20-11251


Charles Boehmer and Tamy Boehmer


Chapter 13


#34.00 Trustee's Motion to Dismiss Case EH     

Docket 40

*** VACATED *** REASON: NOTICE OF WITHDRAWAL FILED 12/8/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Charles Boehmer Represented By Paul Y Lee

Joint Debtor(s):

Tamy Boehmer Represented By Paul Y Lee

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:20-14580


Tanya S. Hernandez


Chapter 13


#35.00 Trustee's Motion to Dismiss Case EH     

Docket 27


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Tanya S. Hernandez Represented By Michael Smith

Trustee(s):

Rod Danielson (TR) Pro Se

11:01 AM

6:18-19340


Dawn Michele McClure


Chapter 13


#36.00 Trustee's Motion to Dismiss Case EH        

Docket 59

*** VACATED *** REASON: NOTICE OF WITHDRAWAL FILED 12/15/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Dawn Michele McClure Represented By Kevin Tang

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:18-17349


Thomas More Butler and Tamara Butler


Chapter 13


#1.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2017 Ford Explorer, VIN: 1FM5K7D8XHGD55748


MOVANT: CAB WEST, LLC


EH     


(Tele. appr. Sheryl Ith, rep. creditor, Cab West, LLC)


Docket 55

Tentative Ruling: 12/22/2020

Service: Proper Opposition: None


For the reasons set forth in the motion, the Court is inclined to:


-GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1);

-GRANT request under ¶ 2;

-GRANT waiver of FRBP 4001(a)(3) stay;

-DENY alternative request for adequate protection as MOOT;


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.


Party Information

Debtor(s):

Thomas More Butler Represented By

Stuart G Steingraber

11:00 AM

CONT...


Thomas More Butler and Tamara Butler


Chapter 13

Joint Debtor(s):

Tamara Butler Represented By

Stuart G Steingraber

Movant(s):

Cab West, LLC Represented By Jennifer H Wang Sheryl K Ith

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-11786


Paul Trevino


Chapter 13


#2.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2016 HYUNDAI ACCENT


MOVANT: CIG FINANCIAL, LLC


EH     


Docket 41

*** VACATED *** REASON: ORDER APPROVING MOTION ENTERED 12/21/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Paul Trevino Represented By

Christopher J Langley Michael Smith

Movant(s):

CIG Financial, LLC Represented By Stephanie A Newport

Trustee(s):

Rod Danielson (TR) Pro Se

11:00 AM

6:20-16972


Esther Alejandra Grajeda


Chapter 7


#3.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2017 Nissan Rogue 2WD


MOVANT: NISSAN MOTOR ACCEPTANCE CORPORATION


EH     


(Tele. appr. Austin Nagel, rep. moving party, Nissan Motor Acceptance Corporation)


Docket 9

Tentative Ruling: 12/22//2020

Service: Proper Opposition: None


For the reasons set forth in the motion, the Court is inclined to:


-GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1) and (d)(2);

-GRANT request under ¶ 2;

-GRANT waiver of FRBP 4001(a)(3) stay;


APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

Debtor(s):

Esther Alejandra Grajeda Represented By

Ethan Kiwhan Chin

Movant(s):

Nissan Motor Acceptance Represented By

11:00 AM

CONT...


Trustee(s):


Esther Alejandra Grajeda


Kirsten Martinez


Chapter 7

Todd A. Frealy (TR) Pro Se

11:00 AM

6:20-17606


Gregory Johnson


Chapter 13


#4.00 Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate


MOVANT: GREGORY JOHNSON


EH     


(Tele. appr. Andy Nguyen, rep. Debtor, Gregory Johnson)


Docket 9

Tentative Ruling: 12/22//2020

Service: Proper Opposition: None


11 U.S.C. § 362(c)(3)(A) provides that the automatic stay will terminate within thirty days if Debtor had a previous bankruptcy case dismissed within the preceding one- year period. If this is the case, pursuant to § 362(c)(3)(B), Debtor may file a motion to continue the automatic stay. Here, Debtor’s previous case was not dismissed, but discharged on February 3, 2020. Therefore, § 362(c)(3) does not apply and there is no need to file a motion to continue the stay. Accordingly, the Court is inclined to DENY the motion as MOOT.


APPEARANCES REQUIRED.

Party Information

Debtor(s):

Gregory Johnson Represented By Andy Nguyen

Movant(s):

Gregory Johnson Represented By Andy Nguyen

11:00 AM

CONT...

Trustee(s):


Gregory Johnson


Chapter 13

Rod Danielson (TR) Pro Se

11:00 AM

6:11-12667


Maximino Romero Torres and Rebecca Anne Torres


Chapter 7


#4.10 CONT. Order to Show Cause why James Alderson should not be held in Contempt of Court for failing to comply with the Sanctions Order entered September 3, 2020


From: 12/16/20 EH     

(Tele. appr. James Alderson, rep. Debtor, Maximino and Rebecca Torres) (Tele. appr. Abram Feuerstein, rep. United States Trustee)

Docket 141


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Maximino Romero Torres Represented By James A Alderson

Joint Debtor(s):

Rebecca Anne Torres Represented By James A Alderson

Trustee(s):

Patricia J Zimmermann (TR) Pro Se

1:00 PM

6:03-15174


Devore Stop A General Partners


Chapter 7

Adv#: 6:12-01498 Morschauser v. Continental Capital LLC et al


#5.00 CONT Plaintiffs Motion For Summary Judgment From 10/28/20, 11/10/20,12/9/20

EH     


(Tele. appr. Cara Hagan, rep. Defendant , Continental Capital, LLC)


(Tele. appr. Lawrence Kuhlman, rep. Defendant/Cross Complainant, Jesse Bojorquez)


(Tele. appr. Reid Winthrop, rep. Plaintiff, Morschauser)


Docket 365


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Devore Stop A General Partners Represented By

Arshak Bartoumian - DISBARRED - Newton W Kellam

Devore Stop Represented By

Hutchison B Meltzer

Defendant(s):

Continental Capital LLC Represented By Cara J Hagan

Lawrence J Kuhlman Reid A Winthrop

1:00 PM

CONT...


Devore Stop A General Partners


Chapter 7

Stephen Collias Represented By Cara J Hagan

Lawrence J Kuhlman Reid A Winthrop

Jesse Bojorquez Represented By Lawrence J Kuhlman

Autumn D Spaeth ESQ Cara J Hagan

Reid A Winthrop

American Business Investments Represented By Lawrence J Kuhlman

Autumn D Spaeth ESQ Cara J Hagan

Reid A Winthrop

Mohammed Abdizadeh Pro Se

Movant(s):

William G Morschauser Represented By Hutchison B Meltzer Reid A Winthrop Cara J Hagan

Plaintiff(s):

William G Morschauser Represented By Hutchison B Meltzer Reid A Winthrop Cara J Hagan

Trustee(s):

Arturo Cisneros (TR) Pro Se

1:00 PM

6:03-15174


Devore Stop A General Partners


Chapter 7

Adv#: 6:12-01498 Morschauser v. Continental Capital LLC et al


#6.00 CONT Status Conference RE: [29] Crossclaim/Cross-Complaint for: 1

conversion; 2 constructive trust; 3 unjust enrichment; 4 an accounting; 5 declaratory relief; and 6 primary and secondary indemnification and contribution by American Business Investments , Jesse Bojorquez against Stephen Collias , Continental Capital LLC


From: 3/11/15, 5/20/15, 7/29/15, 12/16/15, 2/3/16, 3/16/16, 5/11/16, 8/31/16, 11/2/16, 11/16/16, 3/8/17, 6/7/17, 7/26/17, 9/13/17, 3/12/18, 11/13/19, 12/17/19,

1/15/20, 2/12/20, 3/11/20, 8/19/20, 10/28/20, 11/10/20,12/9/20


EH     


(Tele. appr. Cara Hagan, rep. Defendant , Continental Capital, LLC)


(Tele. appr. Lawrence Kuhlman, rep. Defendant/Cross Complainant, Jesse Bojorquez)


(Tele. appr. Reid Winthrop, rep. Plaintiff, Morschauser)


Docket 29


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Devore Stop A General Partners Represented By

Arshak Bartoumian - DISBARRED - Newton W Kellam

Devore Stop Represented By

Hutchison B Meltzer

1:00 PM

CONT...


Devore Stop A General Partners


Chapter 7

Defendant(s):

Continental Capital LLC Represented By Cara J Hagan

Lawrence J Kuhlman Reid A Winthrop

Stephen Collias Represented By Cara J Hagan

Lawrence J Kuhlman Reid A Winthrop

Jesse Bojorquez Represented By Lawrence J Kuhlman

Autumn D Spaeth ESQ Cara J Hagan

Reid A Winthrop

American Business Investments Represented By Lawrence J Kuhlman

Autumn D Spaeth ESQ Cara J Hagan

Reid A Winthrop

Mohammed Abdizadeh Pro Se

Plaintiff(s):

William G Morschauser Represented By Hutchison B Meltzer Reid A Winthrop Cara J Hagan

Trustee(s):

Arturo Cisneros (TR) Pro Se

1:00 PM

6:03-15174


Devore Stop A General Partners


Chapter 7

Adv#: 6:12-01498 Morschauser v. Continental Capital LLC et al


#7.00 CONT Status Conference Hearing RE: Complaint by William G Morschauser against Continental Capital LLC , Stephen Collias , Jesse Bojorquez , American Business Investments , Mohammed Abdizadeh


From: 3/11/15, 5/20/15, 7/29/15, 12/16/15, 2/3/16, 3/16/16, 5/11/16, 8/31/16, 11/2/16, 11/16/16, 3/8/17, 6/7/17, 7/26/17, 9/13/17, 3/12/18, 11/13/19, 12/17/19,

1/15/20, 2/12/20, 3/11/20, 8/19/20, 10/28/20, 11/10/20,12/9/20


EH         


(Tele. appr. Cara Hagan, rep. Defendant , Continental Capital, LLC)


(Tele. appr. Lawrence Kuhlman, rep. Defendant/Cross Complainant, Jesse Bojorquez)


(Tele. appr. Reid Winthrop, rep. Plaintiff, Morschauser)


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Devore Stop A General Partners Represented By

Arshak Bartoumian - DISBARRED - Newton W Kellam

Devore Stop Represented By

Hutchison B Meltzer

1:00 PM

CONT...


Devore Stop A General Partners


Chapter 7

Defendant(s):

Continental Capital LLC Represented By Cara J Hagan

Lawrence J Kuhlman Reid A Winthrop

Stephen Collias Represented By Cara J Hagan

Lawrence J Kuhlman Reid A Winthrop

Jesse Bojorquez Represented By Lawrence J Kuhlman

Autumn D Spaeth ESQ Cara J Hagan

Reid A Winthrop

American Business Investments Represented By Lawrence J Kuhlman

Autumn D Spaeth ESQ Cara J Hagan

Reid A Winthrop

Mohammed Abdizadeh Pro Se

Plaintiff(s):

William G Morschauser Represented By Hutchison B Meltzer Reid A Winthrop Cara J Hagan

Trustee(s):

Arturo Cisneros (TR) Pro Se

1:00 PM

6:03-15174


Devore Stop A General Partners


Chapter 7

Adv#: 6:12-01498 Morschauser v. Continental Capital LLC et al


#8.00 CONT Cross Complainants Motion For Summary Judgment From 10/28/20,11/10/20,12/9/20


EH     


(Tele. appr. Cara Hagan, rep. Defendant , Continental Capital, LLC)


(Tele. appr. Lawrence Kuhlman, rep. Defendant/Cross Complainant, Jesse Bojorquez)


(Tele. appr. Reid Winthrop, rep. Plaintiff, Morschauser)


Docket 379


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Devore Stop A General Partners Represented By

Arshak Bartoumian - DISBARRED - Newton W Kellam

Devore Stop Represented By

Hutchison B Meltzer

Defendant(s):

Continental Capital LLC Represented By Cara J Hagan

Lawrence J Kuhlman Reid A Winthrop

1:00 PM

CONT...


Devore Stop A General Partners


Chapter 7

Stephen Collias Represented By Cara J Hagan

Lawrence J Kuhlman Reid A Winthrop

Jesse Bojorquez Represented By Lawrence J Kuhlman

Autumn D Spaeth ESQ Cara J Hagan

Reid A Winthrop

American Business Investments Represented By Lawrence J Kuhlman

Autumn D Spaeth ESQ Cara J Hagan

Reid A Winthrop

Mohammed Abdizadeh Pro Se

Movant(s):

Jesse Bojorquez Represented By Lawrence J Kuhlman

Autumn D Spaeth ESQ Cara J Hagan

Reid A Winthrop

Jesse Bojorquez Represented By Lawrence J Kuhlman

Autumn D Spaeth ESQ

Jesse Bojorquez Represented By Lawrence J Kuhlman

Autumn D Spaeth ESQ

Plaintiff(s):

William G Morschauser Represented By Hutchison B Meltzer Reid A Winthrop Cara J Hagan

1:00 PM

CONT...

Trustee(s):


Devore Stop A General Partners


Chapter 7

Arturo Cisneros (TR) Pro Se

1:00 PM

6:03-15174


Devore Stop A General Partners


Chapter 7

Adv#: 6:12-01498 Morschauser v. Continental Capital LLC et al


#9.00 CONT Defendants' Motion For Summary Judgment From 10/28/20,11/10/20,12/9/20

EH     


(Tele. appr. Cara Hagan, rep. Defendant , Continental Capital, LLC)


(Tele. appr. Lawrence Kuhlman, rep. Defendant/Cross Complainant, Jesse Bojorquez)


(Tele. appr. Reid Winthrop, rep. Plaintiff, Morschauser)


Docket 364


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Devore Stop A General Partners Represented By

Arshak Bartoumian - DISBARRED - Newton W Kellam

Devore Stop Represented By

Hutchison B Meltzer

Defendant(s):

Continental Capital LLC Represented By Cara J Hagan

Lawrence J Kuhlman Reid A Winthrop

1:00 PM

CONT...


Devore Stop A General Partners


Chapter 7

Stephen Collias Represented By Cara J Hagan

Lawrence J Kuhlman Reid A Winthrop

Jesse Bojorquez Represented By Lawrence J Kuhlman

Autumn D Spaeth ESQ Cara J Hagan

Reid A Winthrop

American Business Investments Represented By Lawrence J Kuhlman

Autumn D Spaeth ESQ Cara J Hagan

Reid A Winthrop

Mohammed Abdizadeh Pro Se

Movant(s):

Continental Capital LLC Represented By Cara J Hagan

Lawrence J Kuhlman Reid A Winthrop

Continental Capital LLC Represented By Cara J Hagan

Continental Capital LLC Represented By Cara J Hagan

Plaintiff(s):

William G Morschauser Represented By Hutchison B Meltzer Reid A Winthrop Cara J Hagan

Trustee(s):

Arturo Cisneros (TR) Pro Se

1:00 PM

CONT...


Devore Stop A General Partners


Chapter 7

2:00 PM

6:20-13417


Eddie C. DeGracia, Jr.


Chapter 7

Adv#: 6:20-01106 Daff v. DeGracia


#1.00 CONT Status Conference RE: [1] Adversary case 6:20-ap-01106. Complaint by Charles W. Daff against Satoko DeGracia. (Charge To Estate - $350.00). FOR:

  1. Avoidance of Intentional Fraudulent Transfers and Recovery of Same [11 U.S.C. §§ 544, 548, 550, 551; CAL. CIV. CODE §§ 3439.04, 3439.07, 3439.08];

  2. Avoidance of Constructive Fraudulent Transfers and Recovery of Same [11 U.S.C. §§ 544, 548, 550, 551; CAL. CIV. CODE §§ 3439.04, 3439.05, 3439.07, 3439.08, 3439.09]; 3. Disallowance of Claims [11 U.S.C. §502(d)]; 4. Unjust Enrichment [11 U.S.C. § 105]; 5. Declaratory Relief [11 U.S.C. §§ 541, 544, 548; FRBP 7001(9)]; and 6. Turnover of Property of the Estate [11 U.S.C. § 542] Nature of Suit: (01 (Determination of removed claim or cause)),(13 (Recovery of money/property - 548 fraudulent transfer)),(91 (Declaratory judgment)),(11 (Recovery of money/property - 542 turnover of property)) (Iskander, Brandon)


From: 7/22/20, 8/19/20, 10/28/20 EH     

Docket 1

*** VACATED *** REASON: CONTINUED TO 2/17/21 BY ORDER ENTERED 12/8/20

Party Information

Debtor(s):

Eddie C. DeGracia Jr. Represented By

James D. Hornbuckle

Defendant(s):

Satoko DeGracia Represented By Scott Talkov

Plaintiff(s):

Charles W. Daff Represented By Brandon J Iskander

2:00 PM

CONT...

Trustee(s):


Eddie C. DeGracia, Jr.


Chapter 7

Charles W Daff (TR) Represented By Brandon J Iskander